REGISTER OF PENNSYLVANIA. DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE. VOL. II.-NO. 15. EDITED BY SAMUEL HAZARD. PHILADELPHIA, OCT. 25, 1828. WM. PENN AND LORD BALTIMORE. From a MS. in possession of J. P. Norris, Esq. Lord President At the Court of Whitehall, this 13th day of Novem- Duke of Devonshire ber, 1685. Duke of Ormond Earle of Craven Earle of Berkeley Earle of Nottingham Duke of New Castle NO. 43. Earl of Hay Earl Fitzwalter Upon reading at the Board a report from the right honourable the Lords of the Committee of Council for Plantation Affairs, dated the fourth of this instant, in the words following, vizt. Your Majesty having been pleased, by your orders in Council of the seventeenth of March, 1736-7, and the twenty first of July, 1737, to refer unto this committee, several petitions from the President, Council, and GeneLord Bishp. of London ral Assembly of the Province of Pennsylvania; and Lord Dartmouth likewise from the Governor and Council, and the comLord Godolphin missary and clergy of the province of Maryland, which Mr. Chall. of ye Exchr.petitions represent (amongst other things) that great The following report from the Rt. Honble the Lords disorders and outrages have been committed upon the of the committee for trade and foreign plantations being borders of the said respective provinces, and humbly this day read at the board. The Lords of the committee praying your Majesty's most gracious interposition and for trade and plantations having pursuant to his late commands for the preservation of the peace on the said Maj'tys order in councill of the 31st of May 1683 exam- borders, until the boundaries of the said provinces shall ined the matters in difference between the Lord Balti-be finally settled and adjusted. The Lords of the commore and William Penn Esq. in behalf of his present mittee of Council did on the twenty ninth of the said majesty concerning a tract of land in America, common- month of July, take the matter of the said complaints ly called Delaware. Their Lordships find that the into their consideration: and thereupon reported to your land intended to be granted by the Lord Baltimore's Majesty what they thought most advisable for your Mapatent was only land uncultivated and inhabited by Sa-jesty to do, in order to prevent the further continuance vages and this tract of land now in dispute was inhabited and planted by Christians at and before the date of the Lord Baltimore's patent, as it hath been ever since to this time and continues as a distinct colony from that of Maryland soe that their Lordships humbly offer their oppinion That for avoiding ffurther differinces, the tract of land lying between the river and bay of Delaware and the Easterne sea on the one side and Chesapeake Bay on the other, be divided into equal parts by a line ffrom the Latitude of Cape Henlopen to the 40th deg. of northerne Latitude and that one half thereof lying towards the Bay of Delaware and the Eastern sea be adjudged to belong to his majesty and that the other half remaine to the Lord Baltimore as comprized in his charter. Council Chamber 8 Nov. 1685. His Majesty well approving of the said report it was thereupon ordered by his Maj'ties Ex. Council that the said lands be forthwith divided accordingly, whereof the said Lord Baltimore and William Penn Esq. together with their respective officers and all others whom it may concerne are to take notice and give due and ready obedience there. Signed WM. BRIDGEMAN. of the said disorders, and to preserve peace and tranquil ity on the said borders, until the boundaries should be finally settled. And your Majesty having approved of what was proposed by the said report, was pleased, by your order in council, of the eighteenth of August 1737, to direct as follows, viz: That the governors of the respective provinces of Maryland and Pennsylvania, for the time being, do not, upon pain of incurring his Majesty's highest displeasure, permit or suffer any tumults, riots or other outrageous disorders to be committed on the borders of their respective provinces; but that they do immediately put a stop thereto, and use their utmost endeavours to pre serve peace and good order amongst all his Majesty's subjects under their government, inhabiting the said borders. And as a means to preserve peace and tranquility on the said borders, his Majesty doth hereby enjoin the said governors, that they do not make grants of any parts of the lands in contest between the proprietaries respectively, nor of any part of the three lower counties, commonly called New Castle, Kent and Sussex; nor permit any person to settle there, or even to attempt to make a settlement thereon, till his Majesty's pleasure shall be further signified. And his Majesty is further pleased to direct that this order, together with duplicates thereof, be delivered to the proprietaries of the said provinces, who are hereby required to trans At the Court at Kensington, the twenty fifth day of mit the same forthwith to the governors of the said resMay, 1738. pective provinces accordingly. That since the issuing the said order, your Majesty hath been pleased to refer unto this committee an address of the deputy governor, and of the upper and and his Governor, Courts, and Officers, without preju dice to either proprietary, and until the boundaries shall be finally settled. lower houses of assembly, of the province of Maryland, relating to a continuance of the said disorders; and also two petitions, the one in the name of John, Thomas; and Richard Penn, Esquires, proprietaries of V. That the respective proprietaries shall be at free the province of Pennsylvania, praying your Majesty's liberty to grant out on the common and usual terms, all further pleasure may be signified relating to your Majes- or any vacant lands within the said province of Pennsyl ty's afore-recited order in council of the eighteenth of vania and Maryland, in contest between the said propri August, 1737, and the other in the name of the agent etaries, (that is to say, within their own respective sides of the said province of Pennsylvania, complaining of of the said several limits, mentioned in the last foregoing fresh disorders committed by the inhabitants of Mary-paragraph.) For the which lands, and the profits of the land against those of Pennsylvania: Whereupon the same also, each proprietary shall account to the other, Lords of the Committee did, on the twenty third day of who may be adjudged to be the proprietary thereof, February last, proceed to take all the papers relating to upon the final determination of the boundaries between the complaints made by each of the said provinces, into the two provinces. consideration, and were attended by counsel on both sides, and likewise by the proprietaries of the said provinces; and the counsel desiring that some reasonable time might be allowed the proprietaries to confer together in order to come to some agreement amongst themselves, that so the peace and tranquility of both provinces may be preserved, until such time as the boundaries can be finally settled. The Lords of the Committee thought proper to comply with such their request; and being this day again attended by all parties, the counsel acquainted the Committee, that the proprietaries of each province had accordingly met and agreed to the following propositions, viz. VI. That all prisoners, on both sides, on account of being concerned in any riots or disturbances, relating to the bounds, or for any act or thing done thereat, or for any other act touching the right of either of the said provinces, in relation to their bounds, be forthwith released and discharged, on entering into their own respective recognizances, in a reasonable sum, to appear and submit to trial, when called upon by further order from his majesty. VII. That this be declared to be a provisional and temporary order, to continue until the boundaries shall be finally settled, and declared to be without prejudice to either party. I. That so much of the Majesty's order in council of VIII. That his Majesty be most humbly moved to disthe eighteenth of August, 1737, as orders, That the gov-charge so much of the order of the eighteenth of Auernor's of the respective provinces of Maryland and gust 1737, as varies from this agreement; and that the Pennsylvania, for the time being, do not, upon pain of several other petitions of complaint, now depending beincurring his Majesty's highest displeasure, permit or fore his Majesty in Council, relating to any disturbances, suffer any tumults, riots or other outrageous disorders, may be withdrawn by the respective petitioners. to be committed on the borders of their respective provinces, but that they do immediately put a stop thereto, and use their utmost endeavours to preserve peace and good order amongst all his Majesty's subjects under their government, inhabiting the said borders, do stand in force and be observed. II. That there being no riots that appear to have been committed within the three lower counties of New Castle, Kent & Sussex, upon Delaware, it is therefore not tho't necessary to continue the latter part of the said order in council, as to the said three lower counties, (but that the same former order in council, so far as relates to the said three Lower Countics) be discharged without prejudice to either of the proprietaries, as if the same had never been made. III. That all other lands, in contest between the said proprietaries, now possessed by or under either of them, shall remain in the possession as they now are (although beyond the temporary limits hereafter mentioned) and also the jurisdiction of the respective proprietaries shall continue over such lands until the boundaries shall be finally settled; and that the tenants of either side, shall not attorn to the other; nor shall either of the proprietaries, or their officers, receive or accept of attornments from the tenants of the other proprietary. To which propositions, the proprietaries of each province signified their consent before the committee, and declared their readiness to carry the same into execu tion, if your Majesty shall be pleased to approve thereof. And the committee considering that this agreement may be a proper expedient for restoring peace and tranquility between the said provinces, and for preventing any the like disturbances for the future, do therefore agree humbly to lay the same before your Majesty, for your royal approbation. His Majesty this day took the said report into consideration, and, in order to preserve peace and tranquility between the said provinces, and to prevent any the like disturbances for the future, is pleased, with the advice of his Privy Council, to approve of the said agreement entered into between the proprietaries of the said respective provinces. And his Majesty is hereby pleas ed to order, that the proprietaries of the said respective provinces of Maryland and Pennsylvania, do cause the said agreement to be carried into execution, whereof the said proprietaries, and all others whom it may concern, are to take notice, and govern themselves accordingly. JA. VERNON, REAL ESTATE OWNED BY THE CITY. Schedule of the Real Estate owned by the Corporation July 1st, 1828. A lot of ground on the north side of High street, and west side of Schuylkill Front street, extending northward 306 feet to Filbert street, and about 740 feet westward to low water mark at the river Schuylkill, includ ing Ashton street. On this lot there are two small IV. That as to all vacant lands, in contest between the proprietaries, not lying within either of the Three Lower Counties, and not now possessed by or under either of them, on the East side of the river Susquehannah down so far south as fifteen miles and one quarter of a mile south of the latitude of the most southern part of the city of Philadelphia, and on the west side of the said river Susquehanna, down so far south as four-frame buildings of little value. teen miles and three quarters of a mile south of the lati- A lot of ground on the north side of Chestnut street, tude of the most southern part of the city of Philadel- and west side of Schuylkil Front street, extending phia, the temporary jurisdiction over the same is agreed to be exercised by the proprietaries of Pennsylvania, and their Governor, Courts, and Officers. And as to such vacant lands in contest between the proprietaries, and not now possessed by or under either of them, on both sides of the river Susquehanna, south of the respective southern limits in this paragraph before menioned; the temporary jurisdiction over the same is tgreed to be exercised by the proprietary of Maryland, northward 379 feet, and about 900 feet westward to low water mark at the river Schuylkill, including Ashton street. On this lot are erected the western engine house, basin, &c. A lot of ground at the south-west corner of Schuylkill Second street and Ash alley, in the square between High and Chestnut streets, 130 feet in breadth on Se cond street, extending westward 180 feet, to Asper alley. No building on this lot. feet, to a corner of ground belonging to Jones and others, and thence southwardly, along said ground, about 90 feet, to the place of beginning. N. B. Besides the foregoing, there are vested in the Corporation, to be used as burial ground for strangers, two lots of ground on the west side of Schuylkill Second street, extending westward to Schuylkill Front street; one of them adjoining the south side of Vine street, in breadth, southward, 102 feet, the other at the distance of 204 feet south of Vine street, in breadth, southward, 112 feet. No buildings on either of these lots. Two lots of ground on the east side of Schuylkill Front street: the first, at the distance of 25 feet 6 inches north of Chestnut street, is in breadth 44 6-12 feet, and in length, eastward, 180 feet, to Aspen alley; the second, at the distance of 60 feet north of Chestnut street, is in breadth 83 7-12 feet, and in length, eastward, 180 feet, to Aspen alley. No buildings on either of these lots. Two lots of ground on the south side of Lombard street, each of them 78 feet in length, southward; one of them extending from Ninth to Tenth street, and the other from Tenth to Eleventh street. These lots were originally granted by the Legislature as burial places for strangers; the westernmost lot has been used as such, and the easternmost is, by an act of the Legislature, ab- Report to the City Councils on the title of the city to the solutely vested in the corporation, freed from that use: a portion has been let on ground rent, for ever. A lot of ground on the north side of High street continued west of Schuylkill, in length, westward, 1,540 feet from low water mark at the river Schuylkill, and in breadth, at the east end, 510 feet, and continuing that breadth about 500 feet, and then about 430 feet in breadth for the remainder of its length; containing in the whole about 15 acres. On this ground is a stone house, occupied as a tavern, several other dwelling houses, shops, &c. all under lease, from the corporation, for a term of years. A lot of ground on the west side of Delaware Front street, in breadth, 102 feet, from Dock to Spruce street, in length, on Spruce street, 277 6-12 feet, and on Dock street, 222 9-12 feet, to Little Dock street. This lot is unimproved. A lot of ground at the north-east corner of Delaware Front and Dock streets, 100 feet in front north and south, and of that breadth about 293 feet to the end of the wharf, including Water street. A part of this lot is leased to Snyder and Kern, on which they have erected a three storied brick store. A lot of ground on the south side of Cherry street, between Ninth and Tenth streets, 40 feet front, by 144 feet in depth. On this lot are erected the office and work-shops for the use of the City Water Works. The State House square, 510 feet in length, from Chestnut to Walnut street, and 397 6-12 feet in breadth, from Delaware Fifth to Sixth street; together with the State House, and City Hall at the south-west corner of Chestnut and Fifth streets, and the lots on which they are erected. A lot of ground situate in Penn Township, and adjoining the Vineyard town plat, containing two acres, appropriated for a public burial ground, in lieu of the lot on Lombard street, from Ninth to Tenth street. Five public squares, viz. Washington, Franklin, North-west, South-west, and Centre. The public landings on the Schuylkill and Delaware rivers, and the house at the Drawbridge, commonly called the Fish House," under lease from the Corporation to S. Dewees. A lot of ground on the east side of Schuylkill Sixth street, between High and Chestnut streets, containing in front or breadth, on said Sixth street, 40 feet, and extending in length or depth, eastward, 198 feet. On this lot the city stables are erected. The Estate at "Fair Mount," on which are erected the Engine house and other works for supplying the city with water. This estate, embracing the late purchase, contains in front, on Callowhill street, 450 feet, to the Bridge Company's ground, thence north, along the line of said ground, 82 feet, to Morris street, thence westwardly, about 300 feet, to the river Schuylkill, thence along the Schuylkill, northwardly, about 890 feet, to Francis street, thence eastwardly, along Francis street, 1216 feet, to the north-west corner of Moliere's lot, on John and Francis street, then commencing at the south-cast corner of Moliere and John street, and running along John street, 961 feet, to the south-east corner of John and Biddle streets, thence along Biddle street, 400 STATE HOUSE YARD. State House Yard. Agreeably to the resolution of councils, of the 10th of June, and the appointment of the presidents, of the 30th of July last, in pursuance thereof, I proceeded to Harrisburg, and there, in the office of the Secretary of the Commonwealth, examined the documents of title, relating to the state house yard, and the ground on which the adjoining buildings are erected. There are many deeds, in possession of the state, relating to the ground, but most of them are mesne conveyances, from various purchasers, during a period of eighty years and upwards, between the original patentees of the proprietor, and the trustees appointed by law to receive the legal title on the part of the province, and in no way material to the question, as it respects the interests of the city. By an examination of the documents, it appears, that the square of ground between Chestnut and Walnut, and Fifth and Sixth streets, with the exception of perhaps two lots on Walnut street, was originally granted by the proprietor, at different times, and to different purchasers, in a number of small lots, according to the plan thereof, No. I, herewith exhibited. Prior to the 21st February, 1735-6, a part of the ground designated by the letters WA and AH, in the plan, No. III, passed from the patentees through many owners, and was conveyed to William Allen and Andrew Hamilton, who, in the act of assembly of that date, (Prov. laws, p. 189) are stated to have purchased the same "by directions of the legislature."-From the recital in this act it appears, that before this time, the state house and other buildings had been erected. Other lots designated by the letters E and F, in the plan No. III, are included in the description of the ground as given by the act, the one, marked with the letter E, being a part of a large lot on Walnut street, was not conveyed to the trustees until the year 1742, and for the other marked with the letter F, being also part of a large lot on Walnut street, there was no conveyance until the year 1762. The act also contains two other lots, No. 9 and 10, the former not conveyed to the trustees, until several months, and the latter not until two years after the passing of the law, which recites that the whole had been previously purchased. In the act of assembly referred to, there is an express proviso and declaration, "that it was the true intent and meaning thereof, that no part of the ground lying to the southward of the state house, as it is now built, be converted into or made use of for erecting any sort of buildings thereupon, but that the same should be and remain a public open green and walks forever." On the 21st December, 1742, another' lot marked No. 11, in the plan No. II, was purchased by William Allen, for the use of the province, as the act of assembly of the 17th February 1762, recites. All the ground which at the period of this last law, had been purchased, was the front on Chestnut street, and this lot on Walnut street, the whole with the buildings erected thereon, with the exception of the two corner lots on which the court houses now stand, was by this act settled upon and vested in trustees, for the use of the legislature of the province, and to and for such other uses, intents, and purposes, as they at any time should direct, with the following restriction and limitation, viz. "Provided always nevertheless, and it is hereby declared to be the true intent and meaning hereof, that no part of the said ground lying to the southward of the state house, within Deed, 28th August, 1732. to the wall as it is now built, shall be used for erecting any Andrew Hamilton.S sort of building thereon, but that the same shall be and remain a public walk and green forever." This act also repeals the act of 1735-6. On the 14th May, 1762, an appropriation was made by the legislature to enable the trustees to purchase other lots, to be vested in the trustees for the same purposes, and subject to the same uses for which the state house and its appurtenances was, by the act of 17th Feb. in the same year, appointed and declared, and to and for no other use, intent or purposes whatsoever. By subsequent purchases the square, (with the ex ception of the two lots on Walnut street, Nos. 18 and 19, in the plan No. II, for which no deeds can be found) was completed and all the lots conveyed to trustees in whom the legal title remained vested, until the 28th February 1780, when the whole was, by the act of assembly of that date, (vol. I. p. 484) with other property, viz. the court house, gaols, &c. and the ground on which they were erected, of the several counties vested in the commonwealth, discharged and exempted from and against all claim of the trustees or their heirs, subject, however, to the several uses, intents, trusts, dispositions, and directions for which the same had been, before, respectively appointed and limited, and to and for none other, saving and always reserving to every person or persons, bodies politic and corporate, his and their heirs and successors, other than the trustees, all such estate, right, title, and interest of, in, to and out of the premises, vested in trust, as they or any of them might have had or enjoyed, in case this act had not been passed. The act of 1762 was then repealed. I have procured official copies of all the conveyances, or other documents, which I considered important, and authorized by the resolution of councils, for their information they are transmitted herewith. Deed, 15th October 1730, Book F, vol V, p. 266. Levin Hill For three lots of ground and four rent charges. to Wm. Allen. S One Lot, (No. 1, plan No. II.) Matthew Dowlin to Andrew Hamilton. For a messuage or tenement and Minutes of the Legislature, vol. 3, p. 180. 11th Aug. 1732. For the lot No. 6. Deed, 12th September 1732. to Deed lost. Michael Morris to For the lot No. 7, subject to a ground rent of £5, being one of the rent charges conveyed by Hill to Allen. (ante) For the lot No. 8, subject to a rent charge of £2 58. being one of the rent charges conveyed by Hill Andrew Hamilton. to Allen. (ante) 1733. Minutes of the Legislature, vol. 3, p. 194, 10th August William Allen acknowledges the receipt of £500, and Reciting that Andrew Hamilton and William Allen had purchased, by direction of the legislature, divers vince, but that the estate, &c. remained in Andrew Ha- |