The old lottery avails were, by the act of eighteen hun-are equal to an interest on the instalments paid up under dred and twenty-one, to pay the six per cent., and have been exhausted in such payment, and a surplus from the whole lottery fund remains in the hands of the com pany. Have the company a right then to go on and draw lotteries under the continuing power conferred by the act of eighteen hundred and twenty-one. The committee say not, for two reasons: First, the company could only use that power when the lottery proceeds failed to pay the six per cent:-Second, when the tolls were inadequate to do so. The first disability does not now exist, for there is now on band of the lottery proceeds as much as would pay the interest on the six per cent., for more than two years. the new subscription, there is not that state of things. to justify a call by the company on the funds of the state. They have only a right to call on the Governor to draw his warrants to supply what may be wanted. If then the tolls are inadequate to such purpose, how can there be a deficiency to justify the call on the treasury. If the stockholders choose to apply the tolls to other purposes, they forego the payment to themselves-can any one insist with the least plausibility that the appropriation of tolls to other purposes by the company herself, lessens their amount or changes the state of things under which the guarantee of the state comes into operation. fifty-three dollars, and will certainly increase from year to year; will cover the twenty-seven thousand dollars, (the six per cent. to the new subscribers) the state has nothing to fear respecting her guarantee. The House must feel satisfied therefore, that as long as the tolls of the Union Canal company, which by the last The tolls of the company are so far from being inad-report amounted to fifty-nine thousand one hundred and equate to the payment of the six per cent. on the new subscription, that even this year, ending first November, eighteen hundred and thirty-one, their gross proceeds are now more than double the amount of the six per cent. the first year the canal may be said to be entirely complete, and to need no further repairs than those that are ordinary. The tolls of the year ending first November, eighteen hundred and thirty, amounted to thirty-five thousand, one hundred and thirty-three dollars and eighty-two cents, and this year to fifty-nine thousand, one hundred and fifty-three dollars, nearly double the amount required to save the state from the liability of her guarantee. And yet the Union Canal company can stand up and allege that they have a right to continue the drawing of extensive lotteries, in the face of these proceedings of the legislature. The committee will leave this point, which they conceive to be as plain as any of the others they have endeavoured to establish, and proceed to show that the company have exhausted their lottery privileges even upon the most extravagant mode of estimating the amount their ingenuity can suggest. Giving the company more than they can ask; that they have two distinct lottery grants, the last of which is alone applicable to the payment of the six per cent. and giving them the right to take away the fund which the state has placed between her and the operation of her pledge, and allowing that this right of drawing lotteries is to be practised for the whole period of the twenty-five years, and afterwards to raise the two hundred and three thousand seven hundred and fifty dollars of the old grant; they have even upon all these presumptions "raised by way of lottery," on the principles which the committee hope they have satisfactorily established, more money than they were entitled to raise four times over. But it is alleged by the company that these tolls are pledged to the loan holders, who have lent money on the faith of this pledge, and that they cannot be called nett proceeds of tolls, and applicable to the six per cent. to the new subscribers whilst they are applied to the payment of the interest on loans of the company. The committee do not undertake to dispute the propriety and power of such application; it is not necessary Granting for argument's sake then to the company, that for them to do so. For if the tolls are pledged to pay they were entitled by the acts of eighteen hundred and the stockholders by the act of eighteen hundred and eleven, and eighteen hundred and twenty-one, to raise nineteen, if they belong to them, they may mortgage the balance of the old lottery, which they claim to do, them as they can: as the company is bound for the pay-of two hundred and three thousand seven hundred and ment of the interest to their loan holders they may as fifty dollars; and that they have also a right to raise the well pay it with the tolls as from their pockets. But interest on the new stock as it was paid in, for the whole the committee are decidedly of opinion that they must twenty-five years, amounting to five hundred seventyrelinquish the right to call on the guarantee of the state six thousand five hundred and thirty-three dollars; maIf they take the tolls to pay the interest on king an aggregate of seven hundred eighty thousand pro tanto. the loans, instead of applying them to pay the six per two hundred and eighty-three dollars-yet upon this excent. to the new subscribers, as directed by the act of travagant estimate they have extended their privilege eighteen hundred and twenty-one, they cannot call upon beyond conception. the state to redeem her guarantee, as it is expressly confined to the cases in which the tolls are not inadequate to that purpose. The insufficiency of the tolls collected is made a condition precedent to the attaching of the liability of the public treasury. Every year therefore that the nett proceeds of the tolls are competent to the payment of the six per cent., the state is no further bound. It was certainly not contemplated, at the time of the passage of the act of eighteen hundred and twenty-one, that the company would be necessitated to borrow money; at least to any great extent. The report of the commissioners of internal improvement that year, is decidedly of the opinion that the five hundred thousand dollars to be subscribed by subscribers and by the state, would be adequate or nearly so to the construction of the works. As the necessity If borrowing money and appropriating their tolls to the payment of the interest on the debt, was not in the view of the legislature at that time, the guarantee of the state was cheerfully accepted upon the positive condition, that if the tolls "which may be collected shall not yield a sum equal to an annual interest of six per cent." upon four hundred and fifty thousand dollars to be subscribed by new subscribers, then the deficiency is to be made up by warrants drawn by the Governor on the treasury. Certainly then whenever the "tolls which may be collected," The following list of schemes in each year, as furnished by the company, in pursuance of a resolution of the House, shows the amount of the lotteries drawn in each year from the passage of the act of eighteen hundred and eleven, till the beginning of the present year: Year. Amount of Schemes. $178,295 Year. 1812 Amount of Schemes. 1820 $350,000 1822 1814 400,000 1823 132,976 1815 400,000 1824 318,300 1817 555,000 1825 1,209,640 It appears from the above list of lottery schemes, that they have amounted, from the date of the act of eighteen hundred and eleven, until that of eighteen hundred and twenty-one, to three million sixty-eight thousand dollars, and from the passage of the latter act till the beginning of the present year, to eighteen million one hundred and eightythousand one hundred and ninety-one dollars, making an aggregate of twenty-one million two hundred forty-eight thousand eight hundred and ninetyone dollars; ten per cent, upon which will show that the company has raised by way of lottery, through the medium of their assignees, a "nett profit" of two million one hundred twenty-four thousand eight hundred and eighty-nine dollars. If we take from this amount raised, the sum of seven hundred eighty thousand two hundred and eighty-three dollars, which they pretend to claim a power to raise, we find they have exceeded their own estimate, by one million three hundred fortyfour thousand six hundred and six dollars. There is one more light in which the committee ask the indulgence of the House to place this subject, and they are done. The Union Canal company say they have received, on their own mode of estimating the proceeds of the lotteries, From the act of eighteen hundred and eleven till that of eighteen hundred and twenty-one, $136,250 And since the latter act to the present year, Making an aggregate of From which deduct what they were entitled to raise, Leaves more than they were entitled to raise under the old act, 269,210 405,460 340,000 bard street, from Thirteenth street be paved, which were referred to the Paving Committee. Mr. PETITT called up for consideration the ordinance relative to the cording of wood, &c. which was agreed to, and passed by the Select Council, but was amended in Common Council. the committee of accounts, made the following report, which was adopted. COMMON COUNCIL.-Mr. ОKIE as chairman of The committee of accounts beg leave to report, that they have examined the accounts of the city treasurer for the quarter of the year ending, 31st Dec. last, toand John Scott's Legacies for the same period, and gether with his accounts with Dr. Benj. Franklin's compared the same with the respective books of accounts, bank books and other vouchers, all of which they have found to be correct. Mr. MAYBERRY presented petitions praying that Schuylkill Fifth street from Market to Race, and Filbert street, from Schuylkill Sixth to Third street be paved, which was referred to the paving committee. whom was referred the communication of WILLIAM RUSH, made the following report and resolution with accompanying documents, which were agreed to. Mr. OLDENBURG as chairman of the committee to cation of Wm. Rush, Esq. on the subject of the navigation of the river Schuylkill, The committee to whom was referred the communi Beg leave respectfully to report, that they have attended to the duty assigned them; that they have conferred with the wardens of the port, whose resolutions are herewith presented,-and from the best information they have been able to collect on the subject, they are of opinion that there ought to be a space left be65,460 The above sum of sixty-five thousand four hundred tween the wharves on each side of the river of at least and sixty dollars, over what they were entitled to raise 400 feet. In conformity with this view of the subject, by the act of eighteen hundred and eleven has been raised Haines, to delineate wharf lines on the plan of the river the committee requested Messrs. Graff, M'Clure and under the continuing power given by the act of eigh-in such manner as in their opinion would be least injuteen hundred and twenty-one up to this time, when the tolls are more than doubly sufficient to relieve the state from all responsibility. If this monstrous system, as now pursued, will be permitted to continue-if it must be prosecuted till eighteen hundred and forty-six, the end of the twentyfive years, to the same extent they have been the last year, before that distant day arrives lotteries to the amount of perhaps seventy million of dollars, will have tarnished the moral purity of Pennsylvania. If we add to this prodigious sum the amount already drawn under the auspicies of the company since the act of eighteen hundred and eleven, we will have an aggregate of at least eighty-eight million one hundred eighty thousand eight hundred and ninety-one dollars. Your committee submit it to the House, to any human being of the most towering credulity to say if it can be credited for one moment that the legislature could have supposed they were entailing on themselves and their posterity, so galling a burthen without any expectation of redress. But they hope they will be permitted to say that the usurpations of this corporation will stand as a lofty beacon to warn us of the danger of trusting to any system of finance that is based upon an immoral foundation; and they confidently hope that when this blot is wiped away, the legislative power of the state will never again be allured to tarnish her fair fame to protect her treasury; but that that "VIRTUE" which shines conspicuous upon the escutcheon of our commonwealth, will remain as unsullied as her "LIBERTY and INDEPENDENCE." rious to private property, which they have done and explained in their report, also herewith submitted. Under all the circumstances of the case, your committee deem the subject of sufficient importance to induce them to recommend to Councils to petition the Legislature for a law to establish lines to which wharves may hereafter be erected at least 400 feet from each other-and also lines not less than 125 feet from the said wharf lines, within which no stores or other perbe more than two feet above ordinary high water mark. manent building shall be built, and that no wharf shall The committee therefore respectfully offer the following resolution Resolved, by the Select and Common Councils, that the committee be authorized to confer with such com mittees, as may for that purpose be appointed by the commissioners of the district of Spring Garden, and proper authorities of the townships of Passyunk, Moyamensing, Blockley and Kingsessing, on the subject of the laws which are proper to be passed for regulating the construction of wharves on the river Schuylkill; and that the city Solicitor be directed, to prepare a bill under the instructions of the committee to be presented to the Legislature for their consideration. To the Select and Common Councils of the City of Philadelphia. Gentlemen,-In pursuance of a resolution of the Councils of the 22d of December 1831-The undersigned proceeded to survey and take the soundings of the river Schuylkill, noting the relative situation of wharves, buildings and other permanent improvements on its margin, as well as the width of the channel, and its depth in various places at low water to hard bottom, and have marked the results on the plan of the river accompanying this report. Owing to indisposition, the unfavorable state of the weather, and breaking up of the ice, we were prevented from proceeding further than from Fairmount to Gray's ferry bridge. At the request of the committee of Councils appointed on the communication of Wm. Rush, Esq. in relation to this subject, we have in conjunction with Fred'k. Graff, Esq. delineated on the said plan, wharf lines on each side of the river at the distance of 400 feet from each other, showing the limits to which wharves may hereafter be extended in such a way as, in our opinion, is best calculated to pass off the freshets in the river, preserve its navigation, and be the least injurious to private property. A detail of the soundings is sent herewith. SAMUEL HAINES, DAVID M'CLURE. The following are the details of the survey of the river Schuylkill from Fair Mount to Gray's Ferry. In various parts of the river since the survey taken by Mr. M'Clure in 1828, some alterations have taken place, particularly in that of the soundings. Under the upper bridge it has deepened 4 feet. Its greatest depth at present is 31 feet taken at low water, and 33 feet to hard bottom, which is stony. At the time the bridge was built the depth was only about 14 feet. The water course between the abutments is 340 feet. The whole character of the soundings at this, and other places, is appended to this report. The greatest depth taken on a line at right angles, from the wharf at Lombard street is 18 feet to soft sand, and 28 feet to hard bottom, which is gravel. It has deepened 1 foot. The breadth of the river from the wharf to low water mark on the opposite side, is 420 feet. The greatest depth taken on a line at right angles, from the wharf at South or Cedar street, to the Alms House wharf, on the opposite side is 19 feet to sand, and 20 to hard bottom, which is gravel. It has deepened about one foot. The breadth between the wharves is 409 feet, The greatest depth taken on a line at right angles, from the wharf at the Arsenal, is 19 feet to sand, and to hard bottom 27 feet, which is gravel. It has deep ened here 3 feet. The breadth of the river from the wharf to low water mark, on the opposite side is 492 feet. The greatest depth taken at Gray's ferry bridge is 26 feet to mud, and at 41 feet, which was as far as the rod could be pushed, did not reach hard bottom. No alterations in the soundings have taken place here.— The breadth from low water to low water, is 330 feet. Thus it appears that an increase of depth from 1 to 4 feet is found in various places,occasioned by causes very naturally calculated to produce this effect, the principal ofwhich is the increased number of wharves, by which the The greatest depth taken on the line at right angles river has been narrowed, and the passage for the wa from Nixon's wharf, is 12 feet to mud, and 21 feet to ter considerably circumscribed. Under such circumhard bottom, which is gravel. It has deepened since stances, connected with the pressure of a strong freshthe survey of 1828 two feet. The breadth of the riveret, it is easy to conceive how readily every moveable from the wharf to low water mark on the opposite side is 416 feet. The greatest depth taken on the line at right angles from Bolton's wharf is 11 feet to mud, and 21 feet to hard bottom, which is also gravel. It has deepened 1 foot. The breadth of the river from the wharf to low water mark on the opposite side is 480 feet. The greatest depth taken on a line at right angles from the wharf at Vine street, is 16 feet to sand, and 23 feet to hard bottom, which is also gravel. The whole vertical section here has been considerably increased, not that its greatest depth is more than formerly, but there is a much larger proportion of deep soundings. The breadth here from the wharf to the opposite side at low water, is 491 feet. The greatest depth taken on a line at right angles from Race street wharf, is 12 feet to rock, corresponding with the former survey. The bottom here is one general ledge of rocks, nearly half way across. The breadth from the wharf to the opposite side at low water, is 450 feet. The greatest depth taken on a line at right angles from Arch street, at low water mark, is 13 feet to sand, and 16 feet to hard bottom, which is stony, and also corresponds with the former survey. The breadth from low water to low water is 480 feet. Under the middle bridge the greatest depth is 29 feet to hard bottom, which on the former survey was covered with about 4 feet of alluvion. The greatest depth on the line which connects Wetherill's wharf on the east and that on the west side of Schuylkill, is 20 feet to sand, and 29 feet to hard bottom, which is gravel. It has deepened here about 2 feet. The distance between these two wharves is 367 feet. The greatest depth taken on a line at right angles from White's wharf below Walnut street, is 18 feet to sand, and 22 feet to hard bottom, which is gravel. It has deepened here 2 feet. The breadth of the river from the wharf to low water mark on the opposite side, is 396 feet. The greatest depth taken on a line at right angles from the wharf at the woollen factory, between Spruce and Pine streets, is 18 feet to soft sand, and 26 feet to hard bottom, which is also gravel. It has deepened here 2 feet. The breadth of the river from the wharf to low water mark on the opposite side is 388 feet. obstruction must give way before the mighty element when it is straightened, and seeks a passage. The extensive flat, between the middle and upper bridge, on the West side of the river, has claimed particular attention, and excited deep solicitude. Over this flat the freshets find a free passage, and which not unusually rise so high as to occupy nearly one half the then existing vertical section across the river. In round numbers:-the breadth of the flat at right angles with Bolton's wharf is 750 feet. On the rise of a freshet 10 feet above the ordinary tide, (which a few years since took place) there will exist on this flat a section of 9360 feet, at the same time there will be found over the breadth of the river 480 feet (taken at low water) an additional area of 7680 feet, to which areas add 3744 feet, (the area of the section at low water) and the amount is 20,784 feet, the whole area across the river during such a freshet, of which, as has been stated, 9360 feet occupies the space over the flat, which is nearly one half the whole section. In an ordinary tide there will be found on the flat a section of 2160 feet;-over that portion of the river circumscribed to the low water mark 2880 feet, and the area of the section at low water 3744 feet, which in all amount to 8784 feet, the whole area of the section in an ordinary tide; 2160 feet of which, as has been stated, cover the flat, making nearly one fourth of the area of the whole section. The consideration of this subject alone is sufficient to awaken our fears, should obstructions be indiscriminately multiplied; and as the bed of the river at Race street, as has been stated, is one ledge of continued rock, the constructing of any extensive permanent obstacles on this flat would inevitably be attended with tremendous consequences, not only to private property but also to the pure fountain, whose streams, in these days of temperance, give health and comfort to our citizens,-the glory, and boast of our city, the Fair Mount Water-works. The following tables exhibit a number of soundings taken at low water. The first column of each, shows the distance each sounding is taken from the shore or wharf expressed at the head of the tables;-the second column the corresponding depth to the alluvion, the nature of which is given, and the third column shows the depth to hard bottom from the surface of the water, Area of section of water course 5432 feet. wharf, which is 10 feet deep. 33 18 mud 28 mud Area of section of water course 6765 feet. Area of section to hard bottom 10,230 feet. Explanation of Survey and the Soundings of the river Schuylkill, and of the wharf lines delineated on a plan of the said river from Fairmount to Gray's ferry. 1. The figures on the red line denote the width of the river at low water. 2. The figures immediately under the red lines exOn a line taken at right angles from Lombard street press the area of a section of the river from low water to 28 gravel 17 mud common bottom. 3. The figures immediately under those last mentioned, express the area of a section of the river to hard bottom, of sand, gravel, or rock, as the case may be. 4. The wharf lines are at the distance of 400 feet from each other; that on the eastern side of the river commences at the S. W. corner of the eastern abutment of the Lancaster Schuylkill bridge, thence extending in a straight line to the N. W. corner of Nixon's wharf, along the said wharf to the S. W. corner |