Isaac Norris, Thomas Leach, and 10. Joseph Fox.

Reciting the act of assembly of the 21 Feb. 1735-6, "in which there is a proviso to the effect following," viz. for the making conveyances of the lands and tenements, to such uses as the legis'ature should at any time or times appoint and direct. The assembly then sitting, considering that most of the trustees were dead, that others were absent and infirm, directed the said Isaac Norris, the speaker, Thomas Leach, and Joseph Fox, two of their members, pursuant to the act of 1735-6 and the condition thereof, and the survivor of them, to be trustees of the lots intended to be granted "to have and to hold the lots, &c. in trust, and to such and the same use or uses, intents and purposes, as are mentioned and intended, in and by the said act, and to and for no other use, intent or purpose whatsoever."

Act of Assembly, 17th February, 1762, vol. 1, p. 242: Reciting that Andrew Hamilton and William Allen, by directions of the legislature, had purchased the lots described in the act of 1735-6, that William Allen had since purchased lot No. 11, the erection of the buildings,

should 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 the 17th Feb. 1762, appropriated and for no other uses intents and purposes whatsoever.

Deed, 10th July, 1762, Book H. vol. 16, p. 111, &c.

Thomas Gordon and Wife

to

Isaac Norris and others, Trustees na

to

For the lot No.12.

For the lot No. 13.

med in the acts of 1762.

Deed, 10th Sept. 1762, Book H. vol. 16, p. 374.

Robert Tempest and Wife

Isaac Norris and others, Trustees, &c. S

Deed, 13th Oct. 1762, Book I. vol. Joseph Shippen, Junior

6. p. 173.

to

Isaac Norris & others, Trustees, &c.

For the lot No.14.

Deed 26th May, 1767, Book I, vol. 6, p. 179. John Chappel

to

would add to the improvement of the public walks if the south wall was also lowered, then authorizing the councils at the expense of the city to remove the south wall also, with a proviso that nothing contained in the act should be taken to impair the title of the commonwealth to the state house, and the lot appertaining thereto.

In consequence of the power derived from these acts, the corporation have expended a very considerable sum of money on "the improvement, and in the embellishment of the public walks."

From the documents referred to, it results that the lots, No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 & 11, in the plan No. II, were conveyed to the trustees appointed by the legislature in the year 1761, in trust for the uses, declared by the act of 1735-6, which contains a proviso "that no part of the ground lying to the southward of the state house should be converted into, or made use of for erecting buildings, but that the same should be an open public green and walk forever." The same trust with a similar restriction is again repeated and declared in the two acts of 1762. The lots, No. 12, 13, 14, 15, 16 & 17, were purFor the lot No 15. chased agreeably to the directions of the act of 14th of May 1762, and were conveyed to the trustees for the uses declared by the act of 17 Feb. in the same year, and for no other use whatsoever. For the lots No: 18 For the lot No 16. and 19 no conveyance can be found at present, they are however included in the description of the ground, as given in the act of 1780, which again recognizes, repeats, and declares the uses, trusts, dispositions and diFor the lot No 17. rections for which the whole lot had been at different periods of time appointed and limited by previous acts, and the conveyances made in pursuance thereof. All of which is respectfully submitted.

Isaac Norris & others, Trustees, &c.
Deed, 6th Feb. 1769, Book 1, vol. 6, p. 203.

David Erwin and Wife

to

}

Joseph Fox & others, Trustees, &c.
Deed, 6th Feb. 1769, Book I, vol. 6, p. 207.
Charles Townsend and Wife

Act of Assembly, 28th Feb. 1780, vol. 1, p. 485. Reciting, that on account of the difficulty of securing the real estate of the late province, then state of Pennsylvania, the same was vested in trustees, that some of the trustees were dead and it might be difficult to ascertain the person to whom the estate had descended if suits should be necessary for the conservation thereof. It was enacted that the state house, together with the adjoining lot, bounded by Chesnut, Fifth, Walnut and Sixth streets, and the court houses, gaols, &c. together with the lots of lands whereon they are erected, or which are appurtenant to them of the several counties as they were then vested in trustees, should be vested in the commonwealth, discharged and exempted from all claims and demands of the trustees, and of their heirs, subject however, to the several uses, trusts, disposition and direction for which the same had been before appointed and limited, and to none other, saving and always re-small draught thereof now made, and because there is serving to every person and persons, bodies politic and not room to express the purchasers' names in the corporate, &c. other than the trustees, all such estate, draught, I have therefore drawn directions of reference right, title, and interest to the premises which before by way of numbers, whereby may be known each man's the passing of the act might have had. lot and place in the city."

Sixteenth of August, 1683.-In a letter from the proprietor, (William Penn,) to the free society of Traders, he says, "I say little of the town itself, because a platform will be shown you by my agent, in which, those who are purchasers of me will find their names and interests. No. 3.-Thomas Holme's description of the city of Philadelphia. "The model of the city appears by a

Act of Assembly, 30th Sept. 1791, Dallas's ed. p. 144. "The city, as the model shows, consists of a large Reciting, that it would contribute to the embellish-Front street to each river, and a High street near the ment of the public walks in the State House garden, and and a Broad street in the middle of the city from side to middle, from river to river, of one hundred feet broad, conduce to the health of the citizens by admitting a freer circulation of air, if the east and west walls were side, of the like breadth. In the center of the city is a lowered and palisadoes placed thereon. Therefore, be square of ten acres, at each angle to build houses for it enacted, &c. that the corporation, at the expense of public affairs, there is also in each quarter of the city a the citizens, shall have power to take down the wall on square of eight acres to be for the like uses as Moor-fields the east and west side, within three feet of the pave- street, that run from river to river or front to front. in London, and eight streets besides the said High ment, and to erect thereon palisadoes of iron, fixed on a stone capping, to be placed on the wall.

Act of Assembly, 10th March, 1812. Reciting, that the corporation of the city in pursuance of the authority given by the act of the 30th Sept. 1791, had lowered the walls on the east and west sides of the state house yard, and placed palisadoes thereon, that it

There is a copy of a return of survey for a lot in the city, signed by Thomas Holmes, Surveyor-General, twenty-fifth, Fourth month, 1684-it should be remembered, that the editor of this book does not inform where the original letters above referred to may be seen.

(See page 234.)

No. 4.--Twenty-ninth of January, 1706. Recorded in the Rolls Office, Philadelphia. Patent book A. vol. 3, page 361.

ther, I believe this old plan has remained time immemorial in the office of the Surveyor General, and has always been referred to as an authentic paper.

I am of opinion, that the right of the city to the northeast and other squares is good, and may be established in a Court of Justice. The documents above referred

Patent from Edward Shippen, Griffith Owen, Thomas No. 4. This patent is now in my possession, and I Story, and James Logan, Proprietary Commissioners to consider it as the most powerful evidence of the city's the Mayor and Commonalty of the city of Philadelphia. title to the public squares; it bears date more than nineReciting, "That whereas upon an application made ty years ago, when William Penn the founder of the from the Mayor and Commonalty of the city of Phila-province was alive. It is to be considered in a legal delphia in the said province, to my present Commis- point of view, as the declaration of William Penn, sioners of property or the proprietary deputies herein (contained in one of his most solemn acts of authority, after named, that they would grant some convenient to wit, a patent under the great seal) that at the original piece of ground for a common and public burying plotting of the city, there were certain squares intended place for all strangers or others who might not so con- for public use, and that the square described in the paveniently be laid in any of the particular inclosures ap- tent was one of them. propriated by certain religious societies for that purpose- It was my intention to have taken time and made My said commissioners, by their warrant under their greater researches in the several public offices; but unhands and seal of the province, bearing date the twenty-derstanding from some Members of the Common Couneighth day of the eleventh month last past, required the cil, that they were desirous of acting upon the subject, Surveyor to the said city, to lay out for the use afore- I can only add to the foregoing statement, that I believe said, a certain square therein mentioned, "being one of several very ancient surveys may be found, calling for those squares which at the original plotting of the said city the public square in the centre of the city as a boundary; were intended for public uses," which accordingly was but I have not yet found that there are any such surveys surveyed and laid out the fifth day of the Fourth month referring in the same manner to either of the squares on last past, under the bounds and limits here following, the north or south sides.. that is to say, a certain square of ground, being in breadth five hundred foot, and in length also five hundred foot, bounded on the north with Walnut street, on the east with Sixth street from the river Delaware, on the south with a street forty foot in breadth, and on the west with another street likewise of the said breadth of forty foot. And whereas the said Mayor and Commonalty have requested I would confirm the same to them by patent, know ye, that I, favoring the said request, and for better accommodating the said city as aforesaid, I have thought fit to grant, and do by these presents for me, my heirs and successors, give, grant, release and confirm to the Mayor and Commonalty now being and to their successors for ever, all that, the said piece or square of ground, bounded and limited as above expressed, together with all ways, waters, casements, liberties, profits, commodities, and appurtenances to the said piece or square of ground or to any part or parcel thereof belonging, or in any wise appertaining, to have and to hold the said piece of ground and premises hereby granted, with the appurtenances, to the said Mayor and Commonalty, and their successors for ever, to the only uses herein after following, and to no other use whatsoever; that is to say, for a common and public burying place for the service of the city of Philadelphia, for interring the bodies of all manner of deceased persons whatsoever, whom there shall be occasion to lay therein, and for the further improvement of the said burying place, I do hereby grant full and free liberty to Published originally in the Philadelphia edition of the the Mayor and Commonalty and their successors, to inclose, fence, plant, build, or by any other ways or means whatsoever, to improve the aforesaid piece of ground hereby granted and premises as the said Mayor and Commonalty or their successors from time to time shall

see convenient."

OBSERVATIONS.

Nos. 1, 2, 3.—This plan of the city has been generally considered as the work of Thomas Holme, and has been received as evidence in the Supreme Court on several trials. Thomas Holme was the first Surveyor-General in Pennsylvania, and arrived here, probably from England, in the summer, 1683.

This plan of the city wherein five public squares are laid down, may be considered as an authentic document, and the most ancient (known) piece of evidence of the city's right to the squares. This plan must have been made by Thomas Holme, Surveyor-General, from an actual survey of the city previously made by him; and that it was made by the order of William Penn, the evidence is very strong, as it appears from the letter above referred to and other evidence, that he was then in this country, and in his letter refers to a Plan, which, in all human probability, was the one now spoken of. Fur

to, make a sufficient foundation whereon a jury at this day (upon legal principles) ought to presume, that there was an ancient proprietary grant for those squares to the use of the citizens of Philadelphia, which, from the accidents of time, is now lost. And the same documents, I think, will amount to a covenant or agreement on the part of the first proprietor, to stand seised of those squares for the use of the citizens of Philadelphia.

The commonwealth, as it now represents the proprietary rights, must (if the legal estate to those squares is vested in it,) hold the same for the use of the citizens, as the proprietors did.

I give this opinion, with the exception as to that part of the north-east square within the limits of the patent from John Penn of the fourteenth of December, 1763. If the patentees can show that they are fair purchasers, for a valuable consideration, without notice of the rights of the citizens; for such part it may be very doubtful whether or not the possession can be recovered from them.

ALEXANDER WILCOCKS, Recorder.
Philadelphia, June 5th, 1797.

SKETCH OF THE LIFE OF ROBERT MORRIS.
BY JAMES MEASE, M. D.

Edinburg Encyclopædia.

Robert Morris was the son of a respectable merchant of Liverpool, who had for some years been extensively concerned in the American trade; and while a boy, he was brought by his father to this country, in which it appears he intended to settle. During the time that he was pursuing his education in Philadelphia, he unfortunately lost his father, in consequence of a wound received from the wad of a gun, which was discharged as a compliment by the captain of a ship consigned to him, that had just arrived at Oxford, the place of his residence, on the eastern shore of the Chesapeake Bay; and he was thus left an orphan at the age of fifteen years. In conformity with the intentions of his parent, he was bred to commerce, and served a regular apprenticeship in the counting house of the late Mr. Charles Willing, at that time one of the first merchants of Philadelphia. A year or two after the expiration of the term for which he had engaged himself, he entered into partnership with Mr. Thomas Willing. This connection, which was formed in 1754, continued for the long period of thirty-nine years, not having been dissolved until 1793. Previously to the commencement of the American war, it was, with

out doubt, more extensively engaged in commerce, than any other house in Philadelphia.

During the rapid march of Cornwallis through New Jersey, in pursuit of the American army, Congress, as a Of the events of his youth we know little. The fact measure of security, removed to Baltimore, and requestjust mentioned proves, that although early deprived of ed Mr. Morris to remain as long as possible in Philadelthe benefit of parental counsel, he acted with fidelity, phia, to forward expresses to them from General Washand gained the good will of a discerning and wealthyington. The daily expectation of the arrival of the young friend, the son of his master. The following anec-mily to the country; while he took up his abode with an enemy in the city, induced Mr. Morris to remove his fadote will show his early activity in business, and anxiety intimate friend, who had made up his mind to stay in to promote the interests of his friend. During the absence of Mr. Willing at his country place near Frank- the city at every hazard. At this time, December 1776, he received a letter from General Washington, who then ford, a vessel arrived at Philadelphia, either consigned to him, or that brought letters, giving intelligence of the lay with his army at the place now called New Hope, sudden rise of flour at the port she had left. Mr. Mor-above Trenton, expressing the utmost anxiety for the ris instantly engaged all that he could contract for, on supply of specie, to enable him to obtain such intelliaccount of Mr. Willing, who, on his return to the city tion of the enemy on the opposite shore, as would augence of the movements, and precise position and situa next day, had to defend his young friend from the com- thorise him to act offensively. The importance of the plaints of some merchants, that he had raised the price occasion induced the General to send the letter by a conof flour. An appeal, however, from Mr. Willing to their fidential messenger. The case was almost hopeless own probable line of conduct, in case of their having from the general flight of the citizens: but a trial must first received the news, silenced their complaints. be made, and Mr. M. luckily procured the cash as a perFew men in the American colonies were more alive to sonal loan, from a member of the Society of Friends, the gradual encroachment of the British government whom he met, when in the greatest possible anxiety of upon the liberties of the people, and none more ready to mind, he was walking about the city, reflecting on the remonstrate against them, than Mr. Morris. His signa- most likely means or person, by which, or from whom ture on the part of his mercantile house to the non-im- it was to be obtained. This prompt and timely compliportation agreement, as respected England, which was ance with the demand, enabled General Washington to entered into by the merchants of Philadelphia in the gain the signal victory at Trenton over the savage Hesyear 1765, while it evinced the consistency of his prin- sians; a victory which, exclusively of the benefits dericiples and conduct, at the same time was expressive of ved from its diminishing the numerical force of the enea willingness to unite with them in showing their deter- my by nearly one thousand, was signally important in mination to prefer a sacrifice of private interest to the its influence, by encouraging the patriots, and checking continuance of an intercourse, which would add to the the hopes of the enemies of our cause; and by destroyrevenue of the government that oppressed them. The ing the impression which the reputed prowess of the extensive mercantile concerns with England of Mr. Mor- conquered foe, and the experience of their ferocity over ris's house, and the large importations of her manufac- the unprotected and defenceless, had made upon the tures and colonial produce by it, must have made this people. Upon another occasion, he became responsisacrifice considerable. His uniform conduct on the sub-ble for a quantity of lead, which had been most urgently ject of the relative connexion between England and the required for the army, and which most providentially Colonies, his high standing in society, and general intel- arrived at the time when greatly wanted. At a more ligence, naturally pointed him out as a fit representative advanced stage of the war, when pressing distress in the of Pennsylvania in the national councils, assembled on army had driven congress and the commander in chief the approach of the political storm; and he was accord. almost to desperation, and a part of the troops to mutiingly appointed by the legislature of Pennsylvania, in ny; he supplied the army with four or five thousand bar. November 1775, one of the delegates to the second con- rels of flour, upon his private credit; and on a promise gress that met at Philadelphia. A few weeks after he to that effect, persuaded a member to withdraw an inhad taken his seat, he was added to the secret commit- tended motion to sanction a procedure which, although tee of that body, which had been formed by a resolve of common in Europe, would have had a very injurious ef the preceding congress and whose duty was "to contract fect upon the cause of the country: this was to authorfor the importation of arms, ammunition, sulphur, and ize General Washington to seize all the provisions that saltpetre, and to export produce on the public account could be found within a circle of twenty miles of his to pay for the same." He was also appointed a member camp. While U. S. financier, his notes constituted, of the committee for fitting out a naval armament, and for large transactions, part of the circulating medium. specially commissioned to negociate bills of exchange Many other similar instances occurred of this patriotic for congress; to borrow money for the marine commit- interposition of his own personal responsibility for suptee, and to manage the fiscal concerns of congress upon plies, which could not otherwise have been obtained. other occasions. Independently of his enthusiastic zeal in the cause of his country, of his capacity for business, and knowledge of the subjects committed to him, or his talents for managing pecuniary concerns, he was particularly fitted for such services; as the commercial credit he had established among his fellow citizens probably stood higher than that of any other man in the community, and of this he did not hesitate to avail himself whenever the public necessities required such an evidence of his patriotism. These occasions were neither few nor trifling. One of the few remaining prominent men of the revolution, and who filled an important and most confidential station in the department of war, bears testimony that Mr. Morris frequently obtained pecuniary and other supplies, which were most pressingly required for the service, on his own responsibility, and apparently upon his own account, when, from the known state of the public treasury, they could not have been procured for the government.

Among several facts in point, the following may be

In the first year in which he served as a representative in congress, he signed the memorable parchment containing the Declaration that forever separated us from England, and thus pledged himself to join heart and hand with the destinies of his country, while some of his colleagues, who possessed less firmness, drew back and retired from the contest. He was thrice successively elected to Congress, in 1776, '77, and '78.

The exertion of his talents in the public councils, the use of his credit in procuring supplies at home, of his personal labour as special agent, or congressional committee-man, and of those in his pay, in procuring others from abroad, were not the only means employed by him in aiding the cause in which he had embarked. The free and public expression of his sentiments upon all

The messenger was captain Howell, afterwards for several years Governor of New Jersey.

See particulars related by Judge Peters, in Garden. Debates on the renewal of the charter of the Bank of North America, p. 49. Philadelphia, 1786.