1831.] THE CAUSE OF THE POLES. Look next towards the rising sun, and trace with rapid eye the course of events through half a century; mark the transformation of beautiful France from a blank and leaden despotism, to a liberal and almost republican monarchy. Behold the numerous, though not always See Ireland emancisuccessful struggles of Italy, of Spain, of Portugal, of Observe the gradual Greece, of Belgium, of Poland. pated and England reformed. relaxing of the fangs of hierarchal power, and the slow but sure approximation to a state of religious freedom. Mark how every successive effort gains, even in defeat, more sympathy and applause, yea, even more strength than despotism can win by its most brilliant successes. Hear from the vales of Hungary, and the heights of Helvetia, an approving plaudit sent forth to the battlements of Warsaw. It is worthy of all observation, that, in the strife of despotism, the agents must all be men, endowed with Will the a common nature, and touched by common sympathies with those whom they are made to oppose. yoke of military despotism be forever bound to the necks of human beings, who have hearts within their bosoms? To assert it, were a libel on human nature. And will the example of twenty-five millions of Bri tons, and thirty millions of gallant Frenchmen, be lost on the souls of all the brave and virtuous who chance to live a few degrees nearer than they to the polar bear? Nay, will not the bear himself assume his wont, assert his nature, and learn to break the ice? arms of superstition, and has ever founded its hopes on the perpetuation of abuses. It claims divine rights for It disthe few, and a blind submission in the many. trusts the general mind--fears the investigation of its own claims to respect-and pursues, through craft and diplomatic secrecy, the guilty objects of its perverse ambition. It would close the avenues to intellectual, moral and political light, against all who move not within its magic circle, or would make whatever of knowledge, of power, or of happiness it permits to exist, to appear to emanate from its own insolent will or more It shuts up the senate house-it insolent patronage. shackles the press, or garbles its productions. It sends genius and patriotism to pine in dungeons. It closed the clanking bars of Olmutz around all that is virtuous and admirable in man, and (oh! shame upon manhood,) around all that is lovely too and angelic in woman! It sent the mangled limbs of the gallant Riego towards the four quarters of heaven. It'shrivels up the intellect of youth, and bows down into premature decrepitude the body of manhood. It shackles commerce with exactions and monopolies-agriculture with tithes and taxation-manufactures with restrictions or insidious privileges. It cramps independent enterprize-it feeds the minions of power on the labours of virtuous industry, and when asked for its warrant of authority for all this insolent trampling on reason, virtue and humanity, it points to some long forgotten parchment-some strip of velvet adorned with baubles, fit to amuse the tenants But what has America to do in all this warfare of of a nursery, or to some little heaps of what it is pleas ed to call venerable dust, but which, like their proto- principle? Is she not safe? Is she not standing on a types in an Egyptian catacomb, are often less fit to de- proud pre-eminence, aloof from the tempest? Truly light or benefit, than to blind, smother and disgust the-but this vantage ground itself imposes a more solemn obligation. As she has stood for the last half century modern beholder. the acknowledged and declared champion of the liberal principles so happily conducing to her own prosperity, can she now avow her indifference? Can she now, when the few advocates for colonial dependence, or monarchical rule, that survived the war of her independence, are all gone, or merged in the millions that boast only of liberty, or far better, converted into the enthusiastic admirers and supporters of freedom-can she coldly turn her back upon the cause of men, who have shaken off the yoke of the oppressor? Did they who issued the immortal manifesto of American principles from yonder hall, did they hesitate to avow their love of liberty, and their abhorrence of tyranny? And are their sons already absolved from the obligation, because the blessed fruits of that freedom which the plighted lives and honour of the fathers won, are so plenteously poured around us, that we are tired and cloyed with the rich banquet? Are the days, indeed, so degenerate; the offspring "so craven and so poor in spirit, that they will not send an aspiration after the holy cause which their sires poured out their blood and treasure to maintain, while they invoked heaven and earth, and all its nations, to witness and record their vows? Can they see their brother man ground down to the dust, or converted into a passive, heartless and headless implement of brutal power, and yet fold their hands in contented apathy? Soul of Warren! was it with such feelings that thou ascendest to heaven from the proud heights of Charlestown? Shade of our country's father, pronounce again for us, and teach us to pronounce thy words of sympathy to the first magnanimous allies of our nation, just springing from their first struggle with arbitrary power: "My anxious recollections, my sympathetic feelings, and my best wishes, are irresistibly excited, whensoever, in any country, I see an oppressed nation unfurl the banners of freedom." The antagonist principle is that which comes forth in the beauty and loveliness of sincerity, in the light of a glorious day, in the confidence of universal intelligence. It shrinks not to declare the motives, to avow the design, and proclaim the end of every political measure. It goes not forth to gain proselytes, but proclaims aloud its own faith,-it claims no right to subvert a foreign government, but acknowledges the actual controlling power-whether new or old, because it presumes that the people prefer what they deliberately adopt. It sends a cheering smile wherever the principle of freedom is manifested, and is ever ready to animate the souls of those who have nobly struggled for the maintenance of their rights. This principle rests on the acknowledgment of the great truth, that men have an unalienable right to life, liberty, the products of their industry, and the cultiva It action and exercise of their intellectual powers. knowledges the foundation of the government to be the welfare of the people. It wins conquests with the armour of reason, and substitutes honorable persuasion for swords, dungeons, and faggots. This principle has in every age of the world been most efficient where the greatest share of intelligence pervaded the public mind. Extending its regards to every member of the body politic, it seeks to bind the whole in a harmonious union of interests and affections. It for Concealment and evasion are its abhorrence. bids the mass of a nation to embroil itself in quarrels to to serve the interests of a clan, or to prosecute the feuds Peace, plenty and contentof an ambitious despot. ment are its natural fruits. It knows war and violence only as the companions and harbingers of despotic pow er. Would you be informed where the struggle between these opposing principles has been carried on? Look southward see nine independent nations created by this contest in a quarter of a century; and say not they have tarnished all the glory of their achievements by scenes of blood and devastation. Say rather that the dark demon of despotism had so entwined his empoisoned folds around them, that escape was impossible, except by absolutely and thoroughly severing his deadly coils. 26 VIII VOL. And what meant the firm and manly tone of him who, on your last jubilee, went to join the immortal train of the great and good, when He proclaimed in your name, that the western world was no longer to be parcelled out to their creatures by the banded legitimates of Europe? Was it for the sake of an empty show that you were foremost to grasp the hand of your liberated brethren of the south? Was it the vanity only of appearing among charitable men, that your sent your almoners to Greece, and freighted your barques for Ireland! Your souls abhor the foul aspersion! But, aside from our positive pledges, the God of nature has made us the responsible depositories of the cause of human rights and liberal principles, and we cannot, if we would, escape from the duty which this trust imposes-we cannot, if we would, refrain from exerting an influence, either for good or for evil, on the hopes and prospects of every free nation. When a people rises in the majesty of its might, and proclaims the intention of governing itself, our indifference, with that of other free nations, brings the chill of death to the reviving hopes of liberty. Can you, then, view the question at issue between Poland and her present in vaders in any other light than one of general concern to the friends of humanity throughout the globe? Claiming a family relationship, a fraternal affinity with all the friends of freedom, we must heartily respond to the sentiments of our fellow citizens near the scene of action, and utter our true convictions. Can your breath give life, and will you refuse to breathe even a prayer for the salvation of Poland? Will you behold three grizzly monsters tearing her fair bosom, and hear her shrieks, while fire and sword and plague and famine are all let loose, and greedily preparing to celebrate their hellish triumph over her mangled corse. Consider the ancient greatness and the noble bearing of this nation-remember that Prussia was once her vassal-that Austria owed to Poland a deliverance from | Turkish invasion-that the ancient capital and crown of the Czars once submitted to the conquering arms of the Polish nation. Reflect on the execrable duplicity, treachery and crime that preceded and followed her dismemberment-forget not that the internal divisions which formed the pretexts for this atrocious act, were fomented by the very hands that afterwards divided the spoil. That the liberal character of the Polish institutions, had been secured for two centuries before, by a written constitution, abrogating hereditary power, and given to an elected monarch. Think of all her sufferings under that barbarous sway which replaced her own more enlightened institutions, and made the Cossacks of the Don to be the teachers of civilization on the Vistula-a consummation just as rational and humane as to place the control of your own towns and cities in the hands of a cargo of cannibals from the Southern Ocean. Bear in mind that while other nations complain, if their governments leave science to become stationary, arts and literature without encouragement, the late ruling powers of Poland have sought to annihilate taste and intellect, as well as law and justice. The solace of other nations grouning under political domination, has been that they could not be wholly cut off from intercourse and sympathy with their fellow men, and from the blessings of civilization. But Poland is surrounded by regions of intellectual, moral and political darkness -a darkness to be felt, not to be described. Even the last remnant of her independence, the Grand Duchy of Warsaw, was by the unholy conspirators of Vienna, Laybach, and Verona, merged in the dominions of the Muscovite. Under this load of accumu. lated wrongs, has this gallant people still preserved its ancient spirit, and astonished the world by its undying patriotism. Devotion to country and to the principles of liberty has superseded every other emotion; her treasures have been poured out as water-no age-no -no condition endures to be absent from the scene er and the post of honor. A new Kosciusko But while our hearts are warmed by the wrongs no less than by the glorious deeds of Poland, let us, fellow citizens, remember with gratitude that when our fathers proclaimed the broad principles of human liberty, there was Polish blood mingled with their own to seal and solemnize the act; that when our fair city, which first heard the sounds of defiance, and saw foreign dominion overthrown, had become the scene of hostile insolence, it was side by side with the Pulaskis and Kosciusses that our Lafayette and our Washington achieved its deliverance. We cannot forget that within a few short miles of the spot where we are assembled, lay, for many a long and gloomy month, the gallant little army which in that dark hour formed the chief hope and stay, we will not say of our country, but of the cause of freedom throughout the globe; and that within a still less distance, stand to this day visible, memoriaials of one of those disastrous reverses which tried the souls of our heroes and their magnanimous allies. And may we not ask ourselves, what in those hours of dismal foreboding would have been the transports of joy to have heard that thirteen millions of freemen beyond the ocean were watching with breathless anxiety to catch every joyful rumour of cur success, to pour out their trea sures, their prayers, and if possible, their blood, in our cause? Standing then, fellow citizens, within sight of so many objects dear to the heart of an American patriot, within reach of those walls whose very antique adornments you so much venerate, because they were looked upon by the eyes of your magnanimous sires, in the dark hours of adversity, can you shut up your bosoms, can you admit enough of selfish policy, can you breed enough of artificial cold in your hearts to freeze the genial currents of your generous souls? Are you asked what reason have you to send your sympathies abroad to the distant banks of the Vistula Be this your answer:-The God of nature has given us hearts, and bid those hearts to feel for the wrongs of our brother man, and we must and will obey the mandate. If in any this organ of sensibility be wholly wantingbe torpid-or be dead, let such coldly speculate on the policy, the expediency, the dignity of expressing our sympathies. We envy not the clay-cold hearts that know Of feelings, touched but for themselves alone. Let us then, fellow citizens, greet, with a cheering earnest of our sincerity, the deliverers of Poland-let the rich lend of their blest abundance-let the poor lend their mite-let age lend its wisdom, and youth its vigour-let the tear of your matrons solace the bereaved mothers of Poland, and your daughters shed the accustomed balm of their smiles upon the bleeding boso that have been bared for 1 berty! first place they are ever durable, they are coated with superior varnish which effectually prevents them from tarnishing by the action of the weather. They will of course grow dim in the warm season, by means of flies. dust, &c. but are immediately renewed by being wiped with any kind of acid (diluted) or soap water; the wiping does not effect the varnish. One minute's labour on each letter every year will always keep them brilliant. Any gentlemen of the Councils will be furnished with a specimen, in order to test the durability and strength of our varnish, on application to us. We warrant our varnished letter to remain a week or month in the strongest brine, and come out untarnished. We respectfully invite the members of the Councils to call and examine our work and ascertain its advantages, and we trust our prices are such as will give entire satisfaction, Respectfully, PECK AND GARRIGUES, Metallic Letter and Figure Makers, Back of No. 22 Library street, Philadelphia. PHILADELPHIA, Sept. 15th, 1831. Mr. Fox presented a petition to pave Linden street, which was referred to Paving Committee. The following communication was received from the Directors of the Pennsylvania Deaf and Dumb Institution, which was also referred to the Paving Commit tee. To John M. Scott, Esq. President Select Council. PHILADELPHIA, Sept. 15th, 1831. DEAR SIR,-In compliance with a Resolution of the Board of Directors, I beg leave through you, to request Councils to grant to the Pennsylvania Institution for the Deaf and Dumb, permission to have an opening into the culvert now building in Pine street near Broad. The opening is desired for the purpose of carrying off the water from the Bath House of the Institution. I am, very truly and respectfully, Your obedient servant, W. M. MEREDITH, Secretary of the Penn. Inst. for the Deaf and Dumb. Mr. KITTERA as Chairman of the Committee to whom was referred the petitions of Messrs. Evan Rogers, and Mr. Nathan Bunker, made the following report which was not agreed to by the Select Council. The Committee to whom was referred the Petition of Evans Rogers, and Nathan Bunker, report: That having inquired into the facts set forth in the petitions, and obtained all the information necessary from the Recording Surveyor, recommend for adoption the following resolution: Resolved, by the Select and Common Councils, That the City Solicitor be authorized to adopt such measures as may be necessary to have Locust street, between Eighth and Washington street, opened to the width of 50 feet according the City plan of regulation, at the distance of 370 feet from the south line of Walnut street, as described in said plan. Mr. DUANE offered the following resolution relative to Fire Companies which was laid on the table. Resolved, That, if it shall at any time be established to the satisfaction of the Mayor, than any fire engine or hose carriage shall have been drawn along any other part of any street or alley, except the cart-way, the right of the members of the company owning such engine or hose carriage, to receive from the city treasury any part of the annuity now distributable among the several fire engine and hose companies established in the said city, shall cease. Mr. DUANE as Chairman of the Watering Committee made a report with the agreement with the commissioners of Spring Garden relative to the Schuylkill water, which was passed by both Councils. The Watering Committee respectfully report the following resolution: Resolved, That the following articles of agreement between the City of Philadelphia and the District of 203 Spring Garden, be, and they are hereby adopted on the part of the City of Philadelphia; and that the Mayor be, and he is hereby authorized to affix the city seal and perform any other act necessary for the legal execution of the said articles of agreement. COMMON COUNCIL.--Mr. WETHERILL as Chair man of the Committee to whom was referred the petition of Messrs. Hollingshead, Platt and Co. reported the following Ordinance, which after considerable debate was postponed. An Ordinance, directing the lease of certain Real Estate. SEC. 2. That among the conditions of the said lease shall be that the lessees shall at all times hereafter, during the continuance of the said lease, permit the premi ses to be used for passages as heretofore; and shall pay all taxes and assessments which under any law of the Commonwealth of Pennsylvania may be imposed on the same; and shall at their own cost and charges keep the demised premises in repair, and construct, maintain and keep in good order and repair all necessary culverts and water ways upon and under the same; and that they shall not build on or over the same:-And that for breach of any of the said conditions, the lease shall become void. It being understood that the said Hollingshead, Platt and Co. construct a brick culvert to carry off the water from said street or alley, and that they leave a footway on the north side of said street or alley of the same width as that at present on the south side. Mr. Johnson as Chairman of the Paving Committee, reported an Ordinance for a culvert in Schuylkill Sixth street, of 350 feet in length, to connect with the one in Pine street, which was passed by the Common Coun cil but was laid on the table in the Select Council. Mr. Johnson as Chairman of the same Committee reported an Ordinance fixing the width of foot ways in Bank street, running from Pine to Lombard, near Schuylkill, which was passed by the Common Council but laid on the table in the Select Council. Mr. Kneass as Chairman of the Committee of Accounts offered a resolution in favour of Mrs. Lydia R. Baily, which was passod by both Councils. Mr. Johnson offered a resolution in favor of the Robert Morris Hose Company, which was passed by the Common Council, but was negatived in the Select Council. The Ordinance relative to the keeper of Oyster Cellars, was postponed indefinitely. The Ordinance relative to Muzzling Dogs, was also postponed. Mr. Johnson offered the following resolution, which was agreed to. Resolved, that when this Council adjourns, it do adjourn to meet on the first Thursday of October next, and the respective committees to whom petitions and other communications have been referred be requested to report at this meeting. ARTICLES OF AGREEMENT made and concluded this- WHEREAS the said parties have respectively agreed upon the terms and conditions following, to supply and to receive a supply of Schuylkill water into that part of the District of Spring Garden, which is incorporated therewith by an Act of Assembly passed March 2, 1827, to wit: beginning at the middle of Sixth street opposite to the middle of Hickory lane, and running thence northward along the middle of Sixth street to a point two hundred feet north of the north side of Poplar lane, thence north-westwardly parallel with and at the dis-purpose, and that they shall at all times be maintained tance of two hundred feet from the said north side of Poplar lane to the middle of Broad street, thence par allel with Vine street to the river Schuylkill, thence by the several courses of the said river to Vine street, and thence along the north side of Vine street to the former limit of the said District of Spring Garden. NOW THIS AGREEMENT WITNESSETH, that the said par. ties for and in considerarion of the premises, covenants and stipulations hereinafter contained and in favour of each respectively to be kept, performed and observed by the other party, do for themselves and their successors each to the other, mutually covenant promise and agree, in the manner following, that is to say:- the said iron or leaden pipes so to be laid by the said par ty of the second part, and the stop-cocks, and other works and appurtenances thereto belonging, shall in all respects as to material, workmanship, form, dimensions and arrangement, be made like to those laid and used by the party of the first part, for the time being, and shall before being laid, be inspected and approved by an agent of the party of the first part, appointed for that in a secure and water tight condition by the said party of the second part, and that all the expenses of provid ing, inspecting, laying, and maintaining the same pipes, works and appurtenances, shall be borne by the said party of the second part: And provided also, that when such pipes shall have been laid and attached as aforesaid, the stop cocks and connecting portions thereof shall always be kept open between the City of Philadelphia and the said district, so as to permit a free flow of water between them, except when repairs shall be come necessary to the said pipes, works or appurtenances, when it shall be lawful for the said party of the second part, on demand to have the water shut off from such portions as shall need repairs;—but in no instance shall any of the stop-cocks or other parts of the works, mains, branches, or pipes, belonging to the party of the first part, be on any account opened, shut, obstructed, or meddled with, except by the duly authorized officers of the party of the first part. And that the party of the second part shall and will on or before the first day of December in each and every year, make or cause to be made in writing to the party of the first part, an accurate return of all the pipes of conduit which shall have been laid in the District during the preceding year, stating the diameter of the pipes, the name of the streets or alleys where they have been laid, and also the number and position of the fire-plugs, therein placed ac cording to the provision hereinafter made. First. That the party of the second part shall and may from time to time hereafter at their own proper cost and charge, lay and attach iron or leaden pipes of the same strength and construction with the iron and leaden pipes used in the City of Philadelphia for the time being, to the mains, branches and water pipes hereinafter particularly mentioned and described, and may to that end have the said mains, branches and water pipes stopped, on request, by the authorized officers of the party of the first part for such reasonable time as may be required, and may convey and introduce the Schuylkill water into the streets and public alleys of that part of the District of Spring Garden herein above mentioned, and thence by pipes of the same material connected with ferules of the same diameter as those used or to be used in the City of Philadelphia in similar cases into the houses and other property in the said District from the said mains, branches, and water pipes, namely:-That the said party of the second part may attach pipes as heretofore under a former agreement to the main of the party of the first part laid in Vine street betweet Broad and Delaware Sixth streets.—and may moreover attach the pipe heretofore by the party of the second part laid in Callowhill street to the eastern side of the twenty inch main of the party of the first part at the intersection of Broad and Callowhill streets, to wit: at a point marked A, on a plan duly attested by both parties, and filed in the office of the Watering Committee of the party of the first part, a copy whereof is hereunto annexed; and may connect branches with the said pipe, on the northern and southern sides thereof in Broad, at the points marked B and C on the said plan, for the purpose of thence supplying the said District:-And may moreover when they shall deem it expedient, attach three other similar pipes, to the northern side of the twenty inch main, laid by the party of the first part, in the year 1829, as follows: one such pipe at the intersection of Schuylkill Fifth and Callowhill streets; one other such pipe at the intersection of Schuylkill Front and Callowhill streets; and one other such pipe at the intersection of William street in Morrisville and the Upper Ferry Road; to wit: at the points severally marked D E and F, on the said plan.—And moreover, whensoever the party of the first part shall have laid a main in Vine street, from Schuylkill Eighth, to Schuylkill Front street, [which they, the said party of the first part, hereby covenant and engage to do with in twelve years at the furthest, from the day of the date of these articles] may attach five other similar pipes Third. That the said party of the first part shall and will on the northern side of such main, as follows; one such furnish to the party of the second part a supply of pipe at the intersection therewith of Schuylkill Second Schuylkill water through the same mains through street, and others in like manner at the intersections which the said City shall receive it, from the attachtherewith of Schuylkill Third, Fourth, Sixth and Sev-ments to be made as herein stated, so long as they shall enth streets respectively; to wit, at the points marked be enabled by the works at Fair Mount to afford a greatGHIJ and K on the said plan: Provided however, that|er supply of water than shall be requisite for domestic Second. That the said party of the second part may from time to time, at their own proper costs and char ges, place and erect in the streets and public alleys of that part of the said district hereinbefore mentioned, hydrants or fire-plugs, with openings for the d scharge of water, of the same dimensions, and of the same materials and construction with the fire plugs used in the said City, and may connect the said fire plugs with the said pipes; and shall have the right of taking water from the same for extinguishing fires and for washing the streets and public alleys, without any charge or expense. Provided however, that the said party of the se sond part shall not, for the purpose of washing as afore said, take water from any such fire plug longer than half an hour in each twenty four hours, nor from more than one of the fire plugs in that part of the said District hereinbefore mentioned at one and the same time; but that they may for washing the streets and public al leys of a complete square comprehended within four principal streets running in right lines through the said District, from one side extremely to the other, or ha ving a superficies equal to a square whose sides are each four hundred feet, draw water from two or more fire plugs for such periods of time as would be equal in the whole to drawing for half an hour from one fire plug. Provided further, that the said party of the second part shall exercise the said right of washing the said streets and public alleys during those periods only of the year, when the party of the first part shall deem it necessary to be done in the city, and that the said fire plugs shall be used for no other purposes than those herein enume rated, except by special permission of the party of the first part or their authorized agents or officers. 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 Re. gister 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 |