1831.]

AGREEMENT WITH SPRING GARDEN.

205

cases used in the said City. And that the said officer shall, at the expiration of each calender month in each and every year, furnish to the Register of the Watering Committee aforesaid, or to such person as the said Councils of the said party of the first part may appoint, a true and perfect transcript from the said book of every permit granted as aforesaid, with an account of the persons who during the said month have declined to continue to take the said water, or have been deprived thereof after its introduction into their premises; and in no instance whatever, shall the said water be introduced into the houses or premises of any person in the said District, until permits shall have been signed and countersigned as aforesaid; nor until the rates shall have been assessed by the said Watering Committee, or other person or persons authorized by the party of the first part, on the same principles as they shall be assessed in the said City, with the advance hereinafter mentioned and stipulated.

purposes in the said City, and for cleansing the same and extinguishing fires therein, and that they shall and will extend their works at Fair Mount by means of additional wheels and pumps from time to time, as an increase of water may be required, until all the water power of the said works shall be applied for the purposes herein mentioned. Provided always, that in case of an insufficiency of the said water at any time hereafter for more than the above objects, to wit, domestic purposes in the said City, cleansing the same and extinguishing fires therein; then the said waters shall be used only as above stated in the said City; but while there shall be an adequate supply for these purposes, and also for like purposes in the said District, then the same shall be used in the said District as herein mentioned accordingly; and shall not be used for other purposes in the City until the District shall be supplied as aforesaid; and while there shall be an adequate supply for all the said purposes, and also for manufactories and other establishments in the said City, then the latter shall be Fifth. That each and every person into whose presupplied, and if there shall be a surplus of water beyond mises the said water has been or shall be introduced the demand of these, then the same shall be supplied to within the said District, whether for domestic uses, similar manufactories and establishments in the District; baths, manufactories or establishments of any other it being clearly understood that if the supply of water kind, (excepting such persons as may be included in shall for any cause become inadequate for the purposes the provisions of the agreement made on or about the of the said City and District, then that the manufactories 1st June 1829, between Thomas Hale and John Moss, and establishments in the said District shall first cease on behalf of the party of the first part, and Henry J. to be supplied, the manufactories and establishments in Williams, Esquire, for himself and others proprietors of the City next in order, and that if the deficiency shall the Morrisville Estate so called, and excepting such othcontinue after ceasing to supply the manufactories anders as may be included in the provisions of a certain establishments in the District and also in the City, then arrangement made on or about the 1st of December that the City shall have the preference exclusively for 1830, between the Watering Committee of the party of domestic purposes, for cleansing the same, and for ex- the first part, and the Commissioners for the erection tinguishing fires, and the District be supplied with wa- of a state penitentiary within the City and County of ter for like purposes only after the City shall have been Philadelphia, and excepting none others,) shall pay for supplied. And provided further,and it is hereby express- the same an annual rent therefor, exceeding in each ly declared and agreed, that the said party of the first and every case by fifty per cent, the annual rent paid part shall be at liberty at all times hereafter to make in similar cases, by persons within the City of Philadel contracts with any and all of the neighboring Districts, phia, for the time being; it being the true intent and for supplying them with the said water, and that in case meaning of the parties, that the water rents in the said at any time hereafter, there shall fail to be a full and District, shall rise or fall from time to time with those sufficient supply of the said water for the use of the said in the City, always, maintaining nevertheless, an adCity, and of all the Districts with which there shall at vance of fifty per cent, as aforesaid. Provided always, the time being exist contracts for supply, that then and that when the water introduced into houses, courts and in such case a proportional distribution of the water, af- other property, shall be conveyed to a cistern and be ter supplying the City, among the said Districts upon used therefrom, exclusively by means of a pump, the the principle aforesaid, shall be deemed and taken to rate of rent shall be one-fifth less than if used from hybe an execution of this agreement. And it is further drants, or other fixtures operated upon by the pressure agreed and understood, that no temporary failure of sup. or head of water through the pipes of conduit. And ply occasioned by repairs or alterations of the works, or provided further, and it is hereby expressly agreed, that by laying new mains or pipes or the like, or by casual- the said water rents shall be due and payable in advance ties, shall be considered as any violation of this agree- on the first day of January in each year, and that the rent for the unexpired part of any year in which a permit as aforesaid shall be obtained, shall be paid to the officer countersigning the permit on behalf of the City, at the time of obtaining the same; and that on or before the first day of June in each and every year thereafter, the said party of the second part shall and will pay to the party of the first part, the full amount of the water rents due and payable as aforesaid, by the persons supplied with water in the said District, and shall at the time of such payment be entitled to deduct at and after the rate of six dollars in the hundred from the amount so payable to the City, as an equivalent for expenses of collection, and losses by the said party of the second part in the collection of the rents. Provided further, that in all cases where the water is directed to be stopped by reason of an insufficient supply from the works at Fair Mount, that then and in such case the rent shall cease from that time, for such persons, manufactories and establishments as shall not be supplied with the same until supplied again by the party of the first part, and shall be allowed for accordingly, in the settlements between the parties hereto; and that in cases in which, without wholly stopping the water, there shall for the cause aforesaid be a partial supply, in such case there shall be a proportional abatement of the said rents du

ment.

Fourth. That the said party of the second part shall at their own proper costs and charges, appoint and einploy an officer who shall in behalf and in the name of the party of the first part, issue permits signed by the said officer, and countersigned by the Chairman or Register of the Watering Committee of the City Conncils, or by such person or persons as the said Councils, or the party of the first part shall for this purpose from time to time appoint, authorizing the introduction and conveyance of the said water from the pipes in the streets and public alleys of the said District, into the houses and premises of persons who shall apply for the same, and that the said officer shall keep a book in which he shall at the time of granting any such permit truly register the same, with the name of the person or persons to whom granted and the situation of the premises for which the same is to be used; and that every such permit shall state the same to be in conformity with and subject to the provisions contained in this Agreement, and shall further state and describe the diameter of the ferule of the pipe to be used for conveying the said water into the particular houses or premises designated, which diameters of the ferules of pipes shall be the same as the diameters of the ferules of pipes in similar

STATE TAXES AND PUBLIC Debt.

1831.1

FIRST BORN-JOHN KEY.-DIVISION OF THE COUNTY.

expenses of Government, was $425,000, which, being applied to the payment of the interest, left a balance of $191,850 to be added to the principal. The loans of last year, as above mentioned, greatly increase the principal, and the interest of the debt this year, at 5 per ceat., will amount to $781,916 60; and, supposing the revenue for this year to be as great as it was last year, which may well be doubted, for reasons not necessary to state, there will be $425,000 after paying ordinary expenses, to apply to the extinguishment of the interest, leaving a balance of $356,919 60 to be added to the principal. I have no data from which to form an estimate just now of the amount that will be produced by the tax which will commence in October next, on real and personal estate. But that cannot come into the Treasury this year, so that, at the end of this year, even if no new loans should be authorized by the Legislature at their next session, the State debt will amount to upwards of sixteen miilons of dollars. The tax which will commence in October, I should suppose cannot produce more than $150,000; so that the next Legislature will bave to increase this tax upwards of $200,000, in order that the revenue may be competent to pay the interest upon the debt.

THE FIRST BORN-JOHN KEY,

The following facts concerning the persons severally named, are not intended as their proper biography, but as slight notices of individual character, which might be usefully preserved. As a general list, it will embrace alike, noble or ignoble—not å roll of merit, but of notoriety, to wit:

Jobn Key, "the first born" of our city, of English parentage, was born in 1682, in a cave at "Penny-pot landing," i. e. at the north west corner of Vine and Water street. William Penn was pleased to distinguish the person and the circumstance, by the gift of a city lot; the original patent of which is in my possession through the politeness of George Vaux, Esq. The tradition of the spot granted was utterly lost to common fame; but this patent shows its location to have been on the south side of Sassafras street, nearly opposite to Crown street, say vis a vis to Pennington's sugar house. The parchment and seal are in fine preservation.The seal is flat, circular, four inches wide, of brown wax, appended by a green ribbon. It may be curious to preserve the following abstract, to wit: "William Penn, Proprietary and chief of Pennsylvania, sends greeting, &c. that a certain lot of ground between the Fourth and Fifth streets, bounded on the north by Sassafras street, &c.-in breadth 49 feet and in length 306 feet; first granted by warrant from myself bearing date the 20th day of 3 mo. 1683, unto John Key, then an infant, being the first-born in the said city of Philadelphia,"&c. The patent to confirm the warrant aforesaid, is dated the 20th of July, 1713; the first-born being then a man of 31 years of age. The lot it appears he sold at the age of 33 years (say on the 24th of May, 1715,) to Clement Plumstead; and the latter in 2 years afterwards, sold it to Richard Hill for only twelve pounds! This he joined to many other lots, and made of it "Hill's Farm." Further particulars may be read in my MS. Annals in the Historical Society of Pennsylvania, page 50.

This notable first-born lived to good old age at his home in Chester county, and was accustomed to come occasionally to the city, always walking the streets with an unusually active step, although necessarily wondering at the changing scenes he constantly witnessed. Considering that he only died, in his 85th year, as late as the year 1767, (July) persons must be still alive who must have heard him talk of those things! When the hospital was founded in 1755, he was present by request to lay the corner stone!

It was remarkable that the same year (August 10th, 1767,) was also the year of the death of "the first-born" child in the province of English parents, born 1681, one

207

year before John Key, in a cave by the side of the Del-
aware river. This venerable man of 86 died at Brandy-
wine Hundred, Emanuel Grubb by name. He was ac-
tive and vigorous to the last, and actually rode to Phila-
delphia and back on horseback, equal to 40 miles-only
His habits were tem-
a few months before his death.
perate, never drinking any ardent spirits.
As those two venerable "first-born" lived both near
Chester, they had means of intercourse; and strange
must have been their several emotions in talking over
the years of improvement which they have witnessed
down to the year 1767! What a feast they might have
afforded to younger minds!

But another and a still earlier first-born, than either of the preceding, dwelt also in their neighbourhood, in the person of Richard Buffington, (son of Richard) he being "the first born Englishman in Pennsylvania, haying been born in what was afterwards "the province," in the year 1679. The facts in his case were peculiarly commemorated in the parish of Chester on the 30th of May, 1739; on that day the father, Richard, having attained his 85th year, had a great assemblage of his proper descendants, to the number of 115 persons, convened in his own house, consisting of children, grandchildren, and great-grandchildren-the first-born being then present in his sixtieth year.

These affections and respects to "first-borns" were alike commendable and natural. They possessed a peculiarity of character, and a relationship to things around them, which none others could enjoy, or even share with them. They were beings by themselvesalone! Others also have had and signalized their first born! The New Yorkers had their first-born, in the person of Sarah Rapaelje, born in 1625, and the materWhen she nal ancestor of the Bogerts and Hansens. became the widow Forey, Governor Stuyvesant, in consideration of her birth, granted her a valley of land near the city. The Virginians had theirs, and such was their respect to him, that in the case of his rebellion, his life was spared to him, and he lived to be 80 years of age. Our sister city Baltimore, honoured their first-born, in the person of Mrs. Ellen Moale, who died in that city in 1825, in her 84th year-she having been the first-born white woman in that place. Strange it was, that she in her own person could say of such a city as Baltimore, that she had seen it first covered with woods, then become a field, next a village, and last a city of 70,000 souls!-Watson's Annals.

From the Germantown Telegraph.

DIVISION OF THE COUNTY.

At a numerous meeting of the citizens of Roxborough township, Philadelphia county, held pursuant to public notice at the house of the widow Levering, on Tuesday evening, Sept. 6th, for the purpose of taking into consideration the subject of a division of the present county of Philadelphia, Samuel Gorgas, Esq. was called to the chair, and C. V. Hagner appointed secretary.

The object of the meeting having been stated from the chair and the proceedings of a meeting of the citizens of Germantown on the subject, together with a circular from a committee appointed at that meeting having been read, Mr. H. G. Jones after a variety of ingenious remarks in favor of a division, offered the following resolution, seconded by Mr. John Hagy viz:

Resolved, That it is expedient for the township of Roxborough to appoint delegates to meet the county convention, and that they be instructed to promote the separation of the county of Philadelphia from the city and the erection of a new county out of part of the county of Philadelphia, which, after a full discussion, was decided in the negative.

C. V. Hagner, seconded by Mr. J. Rush, then offered the following resolution which passed with but two dissenting voices, viz,

Resolved, That from a view of the facts laid before

this meeting, we consider a division of the present county of Philadelphia inexpedient and highly impolitic. On Motion of Mr. T. B. Darrach, seconded by Mr. G. W. Smick,

Resolved, That the proceedings of this meeting be published in the Germantown Telegraph and the Philadelphia papers, and that the secretary be directed to furnish a copy thereof to the convention of delegates from the other townships.

SAMUEL GORGAS, Chairman.

C. V. HAGNER, Secretary.

BEAVER COUNTY.

The importance of this section of country is becoming every day more apparent. The Falls of Beaver attract the attention of the Manufacturer, and the Mechanic. The number of buildings erected along the Falls, the present season, is unprecedented in the history of the county. The growing importance of these Manufactories is becoming every day more interesting to the public. We have lately examined a variety of cotton fabrics manufactured by JAMES PATTERSON, Esq. at the Brighton Factory which were superior to any we have seen in market, both as regards colours, texture and firmness of the fabrics. The manufactory of substantial goods will soon bring the name of our Factories into repute abroad, and we have no hesitation in saying that in a very few years, Beaver Falls will be the Manchester of America.

Major THOMAS BIDDLE, whose untimely death the community are now called upon to deplore, was in the 41st year of his age at the time of his decease. During the last war, Major Biddle was an officer in the army, and served as captain of the artillery, during the severe campaigns of 1813 and 1814, on the northern frontiers. He was in a regiment under the command of Gen. Scott, and acted a distinguished part at the cap. ture of Fort George.

.

At the commencement of the battle of Chippeway, a picket guard under the command of another officer, had been routed and were running away, when they were rallied and led back to their post by Captain Biddle, in a way which elicited the marked applause of the commanding general. At the battle of Lundy's Lane, one of the most murderous conflicts of modern times, he particularly distinguished himself, by bringing off the field the only piece of the enemy's artillery, which was retained by the Americans, as a trophy of the hard fought battle. The identical piece is now, we believe, preserved at Washington, bearing an appropriate inscription commemorative of the gallantry of its captor. At the siege of Fort Erie, and during the memorable period of gloom and despondency, Captain Biddle rendered himself as conspicuous for his persevering firmness and fortitude while shut up in the fortress and surrounded by a numerous and exasperated foe, as he had formerly done for his active and energetic courage. His companions in arms, still remember and delight to commemorate the efficiency of his services at that critical period.

After the conclusion of peace, Captain Biddle was brevetted with the rank of Major, which rank he held, together with the office of paymaster in the United States army, at the time of his decease. Major Biddle removed to this city many years since, and has ever been considered one of its most active, intelligent and enterprising citizens. Prompt and decided in his conclusions, and justly relying on the convictions of his own judgment, if he sometimes erred, it was the lot of humanity: and few men could lay claim to more originality of character and vigor of intellect than he. To his honour as a soldier, and his fidelity as a friend, his numerous surviving acquaintances can testify; and to his devotion as a husband, the sorrows of a heart broken widow bear melancholy evidence.

[SEPTEMBER

That such a man should fall a victim to those false notions of honor, which are, alas! so prevalent, cannot | be too deeply regretted. And we do most fervently hope, that we may never again witness such another tragedy as that which has deprived us of the gallant and lamented BIDDLE.-St. Louis' Times.

DIED, at his residence in Millerstown, on Friday the 2d inst. John Reid, Esq. in the 86th year of his age, He was born in Chester county, Pa. in 1746. In 1751 he, with his father removed near to this place. In 1776 and '7, he, and six brothers, shouldered their rifles and muskets, and marched to the battle field in defence of these natural rights and privileges which we now enjoy. In 1784, he with his family removed to near the town of Huntingdon, (then in Bedford county) and remained there four years. During that period, great opposition was manifested against the adoption of the Federal Constitution, in that county, a mob of 4 or 500 armed men marched to the town of Huntingdon to resist its adoption, and to wreak their vengeance on John Cannon, Esq. who was one of the Members of the Convention that framed the constitution. At this time, he, with a small band of patriots, armed to resist their aggressions, aud protect Mr. Cannon from their fury; and, through their influence aud address, dispersed the mob, who had committed no other acts of violence than burning the effigies of Mr. Cannon and some others. In 1788 he again removed to near this place.-In 1807 or 1808 he held the commission of Magistrate, and executed its duties until 1822, when the infirmities of age rendered him unable to attend to any of the ordinary concerns of life.-Gettysburg Compiler.

A MAMOTH CUCUMBER.-Mr. JESSE JAMES, of West

town brought to the office last Saturday, a cucumber, so large that a string passed round end-wise, measured 28 inches-giving 14 inches for its length; in circumference it measured 13 inches. It was remarkably handsome in shape.

A lady too, LYDIA MERCER, of Westtown, has been pleased to send us a specimen of onions, remarkably fine. One measured 123 inches round, the loose outer We never saw finer, The coat having been taken off. Weatherfield ladies could not beat them.-Village Re

cord.

We observe by an advertisement, that the Lehigh Navigation Co. offer for sale, the following water pow er and Town Lots.

"At Easton the power of the whole river Lehigh, except what may be necessary for the navigation, with a twenty-two feet fall, is located near the junction of the Lehigh, the Delaware, and the Morris canals-in the immediate vicinity of the best iron ore-46 miles from the Mauch Chunk coal landing-80 miles by canal from Philadelphia-and 96 miles from New York. The town has nearly 4000 inhabitants, without a single cotton or woolen factory, to employ the juvenile popula

tion.

A variety of Building Lots in the Town of Nesquihoning. This town is situated in the Nesquihoning Val ley, within half a mile of the coal mines on Room Run -43 miles by a railway from the coal landing at Mauch Chunk-40 miles from Cattawissa and 30 miles from Berwick on the Susquehanna. The ground is very favorable for a town plot, and a number of buildings are already erected.

Lots in Mauch Chunk on both sides of the Lehigh,on advantageous terms and free from all restrictions.

Printed every SATURDAY MORNING by WILLIAM F. GED DES, No. 9 Library Street, Philadelphia; where, and at the PUBLICATION OFFICE, IN FRANKLIN PLACE, second door back of the Post Office, (back room) subseriptions will be thankfully re ceived. Price FIVE DOLLARS per anm, payable annually by subscribers residing in or near the city, or where there is an agent. Other subscribers pay in advance.

HAZARD'S

REGISTER OF PENNSYLVANIA.

DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE.

VOL. VIII.-NO. 14.

EDITED BY SAMUEL HAZARD.

PHILADELPHIA, OCT. 1, 1831.

From the Bucks County Republican.
ESCHEAT COURT-REYNOLD'S CASE.

[CONTINUED FROM PAGE 198.]

NO. 196

proof lay upon the informer, and to each specific point required by the law, otherwise the whole issue must be negatived.

I cannot but suppose, gentlemen, that we should be safe in resting our defence upon these points, which are made essential by the Act of Assembly; but there are yet impediments and objections to finding of an Escheat, which I take to be insuperable, and from which, I ima. gine you will see the case as clear as demonstration can make it, that the former can take nothing by his plaint. These objections may be resolved into two leading questions: 1st. Have the Proprietaries, or has the Commonwealth, done any act that amounts to a direct or implied waiver of their right to the Escheat, as by accepting rent or consideration for purchase from strangers who have taken possession?

2d. Have the occupiers of the land acquired a vested right in the land, by contract, occupancy, improvement, or otherwise?

MR. MORRIS said-There are a few preliminary questions which should be considered before we go into the merits of the case. 1st. It must be proved that John Reynolds is dead. 2d, That he died intestate: Thirdly, Without heirs or known kindred: and, Fourthly, That he died seized of these lands. Some of these are matters which you may be told, you are to presume from circumstances; but I ask, will you not insist upon the evidence before you seal your verdict, which is to be taken as true, and which will affect so large an amount of property? I admit the probability that the man is dead; 1 but the mere lapse of the time since the date of the Patent, is not all the proof which I should suppose you would require on this point. But it is a more important and difficult question for you to determine-Did he die intestate? He may have left a will, and it is incumbent on the informer to show that he did not. We have no proof that he died intestate. We have had certificates, it is true, from the Register here, and in Philadelphia: but these are imperfect and inconclusive, because they only certify that "there is no will on record" in either of those offices, without referring to the files; it is quite a possible case, therefore, for the will to have been filed in the office, but not "recorded;" or if recorded, that record may be lost, since the Registry of Wills in this county does not go much, if at all, beyond the year 1723. But suppose those objections removed. John Reynolds, who was probably never in this country, may have left a will in England, proved according to the laws and usages of that country, which would be received in evidence here, under the authority of the Lessee of Weston, v. Stammers, 1 Dall Rep. p. 2, and Morris' Lessee, v. Vandereen, same book, p. 66; and if so, you cannot take for granted, in the absence of all affirmative proof, that he died intestate: yet you must find this if you say the lands have escheated to the com- 1st. By living by and acquiescing until the possesors monwealth. It is necessary, also, that you find that he, had obtained a right by occupancy, improvement, and John Reynolds, died without heirs or known kindred.intermediate titles. [Here the remarks are omitted, tracing from the paten- 2d. By their own act and deed; as for example, granttentee, J. Reynolds, the heirship of the former from his ing several patents, and recognizing the surrounding own declarations, and from the church records in Englands as belonging to the holders thereof; and by receivland, together with the probability of heirs.]

In the Fourth place-Did he die seized of these lands? The argument on this point, which is omitted in detail for want of room, was, that the mere existence of an old Patent in J. Reynolds was of little consequence, unless the land could be found to correspond in description with it. It was contended that for a portion of this land, Patents had been shown out of the Commonwealth subsequent to John Reynolds, and that there was no criterion by which to Escheat any part without the whole, the Patent was said to be vague, and to give no boundaries by which to identify it with the land now claimed. It was contended that both as to title out of the Proprietaries, and as to conveyance from J. Reynolds, the records may have been lost in the Land Office, as well as in the offices of the county, and if there was any defect in the evidence on the part of the Respondents, or landholders, by lapse of time, the misfortune should not be visited upon them, since they had not caused the delay; and that, at all events, the onus of VOL. VIII. 27

If the Proprietaries, or the Commonwealth, have assumed ownership of the land; if they have received reut; if they have taken upon themselves to convey it; if they have in any manner, given a color of title or right to strangers, or the predecessors of the present holders, the question is at rest: for the law says, they have by their own act thrown into another channel, the inheritable quality of the property; they have, by their own act, interrupted, or rather anticipated, the reservation of the property in themselves, by acknowledging the title, or the receipt of an equivalent for it. For this principle, I refer to the 2d vol. of Black. Com. pages 247, 8, where an explanation is given of the nature and doctrine of Escheats.

The question then occurs: What have the Proprietaries or the Commonwealth done to waive their right to the proceeding by Escheat? The answer is in a variety of ways. (The remarks are omitted, but the points were.)

ing, partly, the purchase money.

3d. By the letter of James Steel, Secretary of the Land Office, dated in 1739, which authorised a superintendence of the lands on behalf of the Proprietaries, and requesting submission to the conditions under the penalty of removal.

4th. By issuing Escheat warrants to the occupants in the year 1769. Granting the pre-emption of right. 5th. By the decision of the Board of Property of the 2d March, 1784, and 1794.

But I come now to a still more important inquiry, by which the title to all property is tested; that is, whether the occupants of these lands, or those under whom they claim, have acquired a vested right to them by any means whatever? If the property in question has vested, it is not competent for the Commonwealth, any more than an individual, now to divest it without consent or an equivalent. This is among the safest and best elements of your civil jurisprudence. It is a principle in which lawyers, jurists, and legislators, so far as I know, agree. It is a principle guaranteed to us by the