USA > Pennsylvania > The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. XII > Part 85
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Sect. 2. And be it further ordained and enacted by the authority aforesaid, That the said forty thousand dollars shall be applied towards the improvement of the city property, as follows:
1. For the stores, wharf, dock, &c. near Schuylkill, between Market and Chesnut streets, $18,000
2. For the rail road on Broad street, 8,000
3. For the alteration at the old Engine house, Fair Mount, 4,000
4. For the culvert, &c. at Draw bridge dock, 4,000
5. For paving,
6,000
$40,000
And that the Treasurer of the Girard Trust shall open separate and distinct accounts of the several improve- ments aforesaid.
Sect. 3. And be it further ordained and enacted by the authority aforesaid, That the City Commissioners or the committees of Councils under whose especial care or superintendance they are effected, shall cause the said improvements to be made in the usual manner, and shall examine every account which shall be exhibited
to them, for any moneys demanded as due on account of any of the said improvements, and if they allow the same, shall respectively give a certificate, specifying the amount due, and the specific purposes for which the debt was contracted, which certificate, together with the account and vouchers respecting the same, shall be presented to the Commissioners of the Girard Estates for their investigation, and if they shall approve of said account as legally due for the improvements hereby anthorized, they shall make a requisition therefor on the Mayor, who shall thereupon draw his warrant on the Treasurer of the Girard Trust for the sum mention- ed in said requisition, Provided, that every requisition so made, shall specify the object for which the debt shall have been contracted; and shall be charged by the said Treasurer to the particular account for which the moneys therein due shall have accrued.
Enacted into an Ordinance, in the city of Philadel- phia, this thirty-first day of October, in the year of our Lord, one thousand eight hundred and thirty- three.
HENRY TROTH, President of Common Council. J. R. INGERSOLL, President of the Select Council. Attest-ROBERT HARE, Jr. Clerk of Common Council.
Mr. Worrell offered a resolution authorising the Com- mittee on the Public Improvements on Schuylkill at Chesnut street, to rent the stores now building there, to the best bidder, for a term not exceeding three years, and to invite proposals by public advertisement. Adopted and concurred in by Common Council.
Mr. Lippincott, from the Committee on Ways and Means, reported an ordinance authorizing the Mayor to borrow $60,000 in anticipation of taxes, of the present year, on the best practicable terms, not exceeding six per cent. Adopted and concurred in by the Common Council.
Mr. Groves offered a resolution for the appointment of a committee of Councils, to adopt measures to enable the city to obtain possession of that part of Franklin Square, which is held as a burial ground by the German Reformed Congregation. Mr. Groves stated that there was no doubt that the corporation were the true owners of that piece of ground, and that it was a very great drawback upon the beauty of the Square. An investi- gation into the merits of the question of ownership, some years ago, resulted in the congregation surrender- ing to the city a portion of the ground.
Mr. Wetherill supported the resolution; he stated that he had understood several months ago, that the congre- gation intended to build on a part of this ground, and as they had no title to it, it was time the rights of the city were looked to. Resolution referred to committee on Franklin Square.
The items of unfinished business, relative to lighting the city with gas, was referred to a special committee, consisting of Messrs. Lippincott, Wetherill and Eyre, of the Select, and Messrs. Schott, Troth, and Hutchin- son of the Common Council.
COMMON COUNCIL.
Mr. Byerly presented a petition from owners of pro- perty in the vicinity, praying that Schuylkill Seventh and Eighth streets, between Market and Arch, and El- maker street, may be regulated and paved. Referred to the Paving Committee, with power to act.
Mr. Gilder presented a petition for paving Schuyl- kill Third and Fifth streets, between Spruce and Mar- ket, and for improving Rittenhouse Square. Referred to the appropriate committees.
Mr. Toland from the committee of accounts, submit- ted the following report-
The Committee of Accounts respectfully report, that they have examined the accounts of this Treasurer of
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MECHANICS OF WILKES BARRE.
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the City, for the quarter ending 31st December, 1832, compared them with the vouchers, and find the same correct, leaving a balance in the Treasury at that date, of $27,425 40.
They also report, for the information of Councils, an abstract of the receipts and expenditures for the year 1832, showing the sources of the Revenue, and the object of expenditure, all which is respectfully submit- ted .-
The receipts into the City Treasury during the year 1832, were $489,470 12, derived from the following sources, to wit:
Repairing footways in case of default, by individuals,
1,140 19
Expenses authorized by Councils, Appro- priation 21,
10,730 99 38,782 76
Sanatory Purposes, Public Burial Ground,
204 00
City Commissioners, advanced them under Ordinance of December 24th, 1818, 500 00
Fair Mount Water Works, 65,195 58
Sinking Fund, investments in stocks, 17,900 67
Purchase of Fuel for necessitous poor, 646 21
John Scott's Legacy-premiums, useful inventions, 60 00
$478,893 90
Market Rents,
Rents from other Real Estates,
6,634 79
Redemption of two ground rents on Lombard street,
1,200 00
Wharfages at Drawbridge landing,
2,802 14
Sales of Street Dirt, and use of horses and carts by Sanatory Committee, viz: Street Dirt, $7,259 62
Sanatory, 640 00
7,899 62 5,523 75
Sale of two Steam Engines at Fair Mount, Sales of old materials at Fair Mount, by Frederick Graff,
1,175 29
Sales of Hogs,
150 00
Contingent moneys, received of City Clerk and Commissioners,
2,244 73
Fines and Penalties,
229 36
Public Burial Ground,
196 25
From Sanatory Committee-repayment of moneys,
247 49
Loans .- City purposes, $100,000 00 Sanatory, 30,000 00
130,000 00
Premium on Loans-
To Sinking Fund,
$13,500 00
Sanatory,
2,800 10
16,300 10
Interest and Dividends,
5,573 76
United States' Loans paid off,
3,955 26
City Commissioners, repayment of mo- ney advanced them, 500 00
$ 489,470 12
$17,000 of Water Rents, and $8,000 of City Rental, is annually transferred to Sinking Fund.
The Payments made by the City Treasurer during the year 1832, amounted to $478 893 90
On the following accounts :-
New Paving,
$74,704 71
Repairing unpaved Streets,
6,659 74
Cleansing the City,
28,973 71
Docks and Sewers, 14,362 98
Lighting and Watching,
54,675 23
Pumps and Wells,
4,486 82
Regulating Ascents and Descents, Salaries,
1,128 00 20,632 72
Fuel and Incidental expenses in City Hall,
1,267 63
Services in the Markets,
685 50
Incidental Expenses of Councils,
197 58
Rewarding persons active in bringing of- fenders to justice,
400 03
Repaving over Water Pipes, and repair- ing old pavements,
13,799 22,676 98
Repairing and improving City Property,
Interest on City Funded Deb',
90,230 21
Distribution among Fire and Hose Com- panies,
Purchase of Paving Stone,
7,179 00 1,673 25
Mr. Chandler from the Committee to whom the sub- ject was referred, presented an ordinance, entitled "an ordinance for establishing an Effective Preventive Po- lice for the City of Philadelphia," based on the report of the Commissioners appointed for the purpose- which was read and ordered to be printed.
Mr. Gilder offered a resolution that the Committee on Markets be requested to enquire into the expediency of erecting a Market House, at one of the corners of Broad and Market streets, which was adopted.
PUBLIC MEETING.
At a large and respectable meeting of the mechanics of Wilkes Barre, held at the house of G. P. Steele, for the purpose of adopting measures promotive of their mutual interests, and to interpose their veto against the introduction of foreign articles of merchandize which come within the scope of their own manufacture.
ANTHONY BROWER was called to the chair, and
J. W. Lynde, and A. M. Wright were appointed Se- cretaries After the object of the meeting had been stated from the chair, on motion it was
Resolved, That a committee be appointed, comprised of individuals to be selected one from each branch of mechanism represented in the meeting, whereupon the following individuals were chosen said committee, viz.
Wm. Willitts, Samuel Howe, Wm. B. Norton, Wm. Stephens, Elem Purdy, Ansel Thomas, Hartzell Tho- mas, A. M. Wright; who, after retiring a short time, returned and reported the following address, which was unanimously adopted.
ADDRESS,
To the citizens of Luzerne county, generally, and particularly to the merchants.
The mechanics and manufacturers residing in Wilkes Barre, and its neighborhood, having met together to consult upon measures of mutual and common benefit, flatter themselves that a generous people will indulge them in spreading before them their views and objects. Whatever promotes the interest and welfare of a nume- rous and laborious class of community, and at the same time increases the comfort and wealth of the other class- es, must be deemed an object worthy of the attention of all rational men. The protection of domestic indus- try for the last eight or ten years has been the theme of all; yet no term has been more abused and perverted by those who most use it. While the creation of stu- pendous monopolies has been countenanced, and the venders of articles of foreign manufacture have met with liberal support and encouragement, individual en- terprize and real domestic industry have been discourag- ed and driven out of doors. Hence, while we find the
Taxes,
Water Rents,
$210,641 27 72,740 31 21,456 00
Balance of Cash in City Treasury, Ja- nuary 1, 1832, $16,849 18
Balance, excess of receipts over payments during 1832, 10,576 21
In Bank of Pennsylvania, Jan. 1, 1832,
$27,425 40
1833. ]
LAND TITLES.
297
owners and stockholders of the million establishments, rolling in wealth, and enjoying extravagant profits, the mechanics and laborers throughout our country, are embarrassed and discouraged- And what is still more alarming to our apprehensions, the owners of these overshadowing establishments are stretching forth their hands, thus strengthened by legal preferences, to con- trol the halls of future legislation. All we ask is to be left in the possession of the fruits of our own enterprise, upon equal and fair terms; and this desirable end we are now endeavoring to attain
We humbly ask the good people of Susquehanna val- ley, if it would not be more for the benefit of the coun- try to make use of the articles furnished, and which can be furnished by the manufacturers and mechanics who reside among you, and increase the consumption and business of the country, than to obtain these articles of a less substantial quality from the cities and eastern ma- nufactories? We are your fellow citizens, having the same interests and desire the same advantages from the common weal of the country. We consume the pro- ducts of the farmer, the wares of the merchant, and in- crease the business and wages of the common laborer. We add to the population, increase the business of the different professions, contribute our portion of the tax- es, and consequently to the various improvements of the country. Then why should not our welfare be an object worthy the care and favor of our fellow citizens? Have we not higher claims upon your regard, than strangers who reside hundreds of miles from you, and have no single interest in common with our local wel- fare? If the articles we produce were inferior to those brought from abroad, then we admit our claims upon your favor would be less strong; but we presume we have nothing to fear by a fair comparison with our fo- reign competitors in the soundness and real value of our work. We are here among you, responsible for the good faith of our undertakings, and this is a guaranty which the same articles sent by the stranger does not afford. Although our business depends upon the pa- tronge of all classes of society, yet we appeal more particularly in the present case to the merchants, who have it more immediately within their power to advance our prosperity by a generous and liberal course, than any other portion of our fellow citizens. We humbly conceive, that, rightly understood, their permanent prosperity is in a great degree dependent upon our own. If they will in fair exchange, take our wares in place of those of less value from abroad, it will save the expense and risk of transportation, give encouragement to industry and wholesome competition, increase the in- ducements to mechanics and the laboring classes to set- tle, and contribute by their skill and knowledge, to the character and prosperity of the country. In this, it is believed, the rational and discriminating merchant will clearly recognize his own substantial profit and welfare. If the merchants would, in place of introducing very indifferent articles from abroad, take of the mechanics and manufacturers the same articles manufactured here, it would enable the country mechanics to increase their business, and be the means of bringing it to a perfec- tion and cheapness, beneficial to all classes of the com- munity. It is believed that there is an amount of mer- chandize, such as ready made clothing, hats, shoes, boots, leather, socks,and various other articles, brought into the valley from the cities, clearly within the capa- city of this country, to produce which, if fabricated here, would increase our population many hundreds, perhaps thousands. Is this not desirable? Does not any well informed person see that the best interests of the country are involved in this question? And does not the merchant to whom we emphatically appeal, perceive a sure and healthful increase to his business and his profits in this proposition? There may be some so short sighted as to believe that a sort of mercantile piracy upon all other branches of business is their best policy! but this number, we trust, is few, and that the VOL. XII. 38
liberal minded and well balanced merchant sees his own best prosperity in the prosperity of his fellow men.
Impressed with the correctness of these views, we ask of you, our generous and enlightened fellow citi- zens, the exercise of a spirit of reciprocity, to be wil- ling to live and let live ;- the practice of which mili- tates against the substantial interests of none; but is equally beneficial in its tendency towards all. We ask in this case as in all others, but the application of that simple but sublime rule, to "do unto others as you would be done by."
On motion, Resolved, That a committee of three be appointed, whose duty it shall be to confer with the merchants of Wilkesbarre, and ascertain their views with regard to the object and deliber ations of this meet- ing; and discover how far they will enter into our views and feelings,-and that said committee be instructed to prepare a report to be submitted to an adjourned meet- ing, to be held at Mr. Steele's on the last Saturday evening of Court session. Said committee to consist of A. Brower, J. W. Lynde, and S. Howe.
Resolved, That the proceedings of this meeting be signed by the officers, and published in all the papers of Wilkesharre. ANTIIONY BROWER.
J. W. LYNDE, 2 Secretaries.
A. M. Wright, S
Wyoming Herald.
LAND TITLES.
In vol. 2d, of Biron's edition of the laws of this state, page 105; is a large, but as we consider a very interesting and important note in relation to the land titles of Penn- sylvania, from its first settlement up to the year 1810- when that edition of the laws was published. By per - mission of Mr. Biron, we are enabled to insert it in the Register, and we believe that we could not devote a portion of our paper, to a more interesting article of history in relation to this subject. It was drawn up we understand with great labor and research, by the llon. Charles Smith -it will occupy a portion of several num- bers, but we presume will be new to most of our read - ers, and impart information which is valuable to every landholder throughout the state. It is in the form of a note to the act for opening the land office in 1784.
PART I.
The importance of the following note must be an apology for its length. It is the editor's desire to lay before the publie a connected view of the land titles of Pennsylvania from its first settlement to the present time; an attempt of equal difficulty and interest. That it will be free from errors, is perhaps rather to be wish- ed than expected; as, from the lapse of time, some material documents, once known to have existed, can no longer be traced. Fortunately, however, much of what may be now considered as depending upon tradition, is more the subject of curiosity than of real utility. The public records furnish ample materials of all that is of moment at the present time.
The royal charter from Charles the Second to Wil- liam Penn, bears date at Westminster, March 4th, 1681, in the thirty-third year of the reign of that king. The extent and limits of the territory of Pennsylvania may be seen in the charter itself, in the Appendix to this work; and in the course of the note, its present boun - daries, as settled with the adjoining states, or enlarged by purchase, will distinctly appear.
It were needless, at this time of day, to question the validity of royal charters. A principle had obtained among the European nations, that a new discovered country belonged to the nation whose people first dis- covered it. Eugene the 4th, and Alexander the 6th successively granted to Portugal and Spain all the coun-
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LAND TITLES.
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tries possessed by Infidels, which should be discovered by the industry of their subjects, and subdued by the force of their arms; and we are told, that no person, in the fifteenth century, doubted that the Pope, in the plenitude of his apostolic power, had a right to confer it; and all Christian princes were deterred from intrud- ing into the countries those nations had discovered, or from interrupting the progress of their navigation and conquests. But William Penn, although clothed with powers as full and comprehensive as those possessed by the adventurers from Portugal and Spain, was influenc- ed by a purer morality, and sounder policy. His reli- gious principles did not permit him to wrest the soil of Pennsylvania by force from the people to whom God and nature gave it, nor to establish his title in blood, but under the shade of the lofty trees of the forest, his right was fixed by treaties with the natives, and sancti- fied, as it were, by incense smoking from the calumet of peace.
The settlement of the Swedes and Dutch on the lands near the river Delaware, and their subsequent subjec- tion to the English government, previous to the royal grant to William Penn, are the subjects of general his- tory. The Indian deed for the purchase made by the Dutch, of the lands between Bombay hook and Cape Henlopen, is now the property, and in possession, of the state of Delaware. The purchases made by William Penn, and his succesors, are of no small impor- tance in the consideration of the land history of Penn- sylvania.
It was a principle adopted in all new settlements, that the laws of the mother country, at least so far as they are not inconsistent with the situation and circumstan- ces of the infant colony, should have a binding force until altered by the authority of the new government. But that binding force arises only from the necessity which supposes that they receive those laws under which they lived before their settlements, into their new plantations, and agree to be governed by them for want of another law. But in the instance of the grant of Pennsylvania, it was incorporated in the charter "That the laws for regulating and governing property within the said province, as well for the descent and enjoyment of lands, as likewise for the enjoyment and succession of goods, and chattels, &c. shall be and continue the same, as they shall be for the time being, by the general course of the law of England, until the said laws shall be altered by the said William Penn, his heirs or assigns, and by the freemen of the said province, their delegates, or deputies, or the greater part of them." It is clear, therefore, that from the date of the charter, until acts of assembly were made to alter the same, lands within the province descended according to the course of the common law. Such is still the rule, as will be seen in the course of this work, in cases omitted by the intes- tate laws of Pennsylvania. See 4 Dallas, 64-2 Binney, 279.
list, by reason of its not having been filed with the pub- lic records, was questioned before the revolution, by the proprietary officers.
In the conditions and concessions, agreed upon be- tween the proprietor and first purchasers, (which may be seen in the appendix,) it was stipulated, "that as soon as they should arrive, a certain quantity of land, or ground plat should be laid out for a large town, or city, in the most convenient place upon the river for health and navigation, and that every purchaser should have, by lot, so much land therein, as should answer to the proportion which he had bought, or taken up upon rent. That the proportion of lands that shall be laid out in the first great town or city, should be after the proportion of ten acres for every five hundred acres purchased, if the place will allow it."
Accordingly, when the first colony sailed from Eng- land, in October, 1681, certain commissioners were appointed to execute the conditions on the part of Wil- liam Penn; that is, to lay out the great town, and to proceed to survey the country lands. This commission remains in the office.
It is known that difficulties existed with respect to the construction of these concessions and conditions; and the place of the great town was not fixed by these commissioners. No place could be found which would bear a town of six or seven thousand acres, the propor- tion to the lands already purchased, if such had been the construction of the concessions and conditions; and if the idea of a city of such extent had not been absurd and impracticable. Tradition tells us, therefore, that the commissioners did nothing but explore the country till William Penn's arrival. What knowledge they had gained of it they laid before him; and after delibera- tion, and, it must now be presumed, upon consultation with the settlers, he laid out a town of about two square miles, or twelve hundred and eighty acres, nearly as the city of Philadelphia now stands. The whole con- struction of the great town was therefore altered. The city was divided into lots of different sizes, and a large tract adjoining it, was surveyed, and called the Liber. ties; and out of the city and Liberties the first purcha- sers were to have their two per cent.
Not a single memorial can be found of this plan, nor any record of the alteration, or any written evidence of the consent of the inhabitants to the new arrangement; but a regular series of uniform facts, upon the books of the Land Office, establish it beyond a doubt.
The river Schuylkill divided the Liberties into two parts; the lots beyond the Schuylkill were of a less value than those on the town side; and it is remarkable, that the Liberty lands, without a single exception, laid out on the town side of the Schuylkill, were in propor- tion of eight acres to five hundred acres, and the war- rants are uniformly for 492 as of country land, and eight acres in the Northern Liberties, and in the same proportion for larger purchasers; and those whose liber- ty land lay beyond Schuylkill, in the western Liberties had their warrants for 490 acres of country land, and 10 acres of liberty land. It is therefore presumed by those, whose age and information give weight to the fact, that one fifth part taken from the holders in the Northern Liberties made up the city plot, and the su- periority in value made up for the deficiency in quanti- ty, and time has amply realized their foresight.
William Penn, being possessed of the absolute Pro- prietaryship of all the lands in the province, so far as the charter, independent of his Indian purchases, could vest such right, and the consequent right, (defined in the 17th section of the charter, ) to parcel them out among purchasers, to be holden of himself and his heirs, "by such services, customs and rents, as to him or them should seem fit, and not immediately of the crown," sold large tracts of land to persons who were The city of Philadelphia was laid out, according to Proud's assertion in the end of the year 1682. But the most prevalent opinion is, that the plan was not completed until the month of June, 1683. As the ground chosen for the site of the city was claimed by some Swedes, the proprietor gave them in exchange for it, a larger quantity of land at a small distance from it. called first purchasers. These sales, it is believed, amounted to considerably more than three hundred thousand acres. The price for which these lands was sold, was forty shillings sterling for one hundred acres, and one shilling, quit rent. These grants or sales have been since denominated old rights, and had peculiar privileges annexed to them, which will be immediately William Penn, in a letter to the society of free tra- ders, dated August 16th, 1683, writes thus (see his se- lect works:) "Philadelphia, the expectation of those that are concerned in this province, is at last laid out detailed. They had no location, but were to be survey- ed any where in the province. There were three lists of original purchasers; but only the two first were filed in the Land-Office; and the authenticity of the third | to the content, &c. I say little of the town itself, be-
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