accompanied by a plan and description of the same, made under your authority by Samuel Hains, City Surveyor, they feel themselves bound by a sense of duty to themselves as well as to the public, to remonstrate most earnestly against the passage of this measure, fraught as it is with consequences vitally injurious not only to your memorialists, but to the best interests of the city of Philadelphia, and they beg leave briefly to offer their reasons for so doing.

or ground for stairs or passage in their respective bank lots," and then this instrument prescribed, "Fifthly, that the bank lots from the east side of Delaware sixty foot Front street, to the west side of the thirty foot cartway, from the public landing place at the south end of the town to Walnut street, shall be thirty foot deep, and from Walnut street to the northernmost side of Samuel Carpenter's public stairs, shall also be thirty foot deep, and from the said northernmost side of Sathirty foot, with a bevil-line to Chesnut street shall be forty-five foot deep, and from Chesnut street to Vine street, beginning at the said forty-five foot with a bevil line to New street, shall be eighty foot deep, and from New street to the south side of Benjn. Chambers, his lot, shall be eighty foot deep."

The city of Philadelphia was laid out by the proprie-muel Carpenter's public stairs, beginning at the said tary in the year 1683, on "a neck of land between two navigable rivers, Delaware and Schuylkill; whereby it had two fronts on the water, each a mile, and two from river to river."

By the original plan, the front streets on each river were to be the eastern and western boundaries of the lots intended to be granted; and in the year 1684, the proprietary declared in relation to the bank of the river Delaware: "The bank is top common from end to end: The rest, next the water, belongs to front lot men no more than back lot men: The way bounds them; they may build stairs; and the top of the bank a common exchange or walk, and against the street common wharfs may be built freely;-but into the water, and the shore is no purchasers."

The necessities, and perhaps the policy of William Penn soon changed this original plan, and we accordingly find him immediately afterwards, granting lots east of Delaware sixty foot front street to various individuals upon certain terms which are described in their respective patents. Some regulation relative to these and future grants of the same part of the city became necessary, and accordingly on the 26th day of the second month(April) Anno Domini 1690, the commissioners of property executed an instrument entitled "Regulation of the Bank of the River Delaware," the original of which is now in the possession of the city.

By this regulation, the proprietors of bank lots, who had been formerly restricted by the terms of their pa tents, were allowed to build as high as they please above the top of said bank, "because, the more their improvements are, the greater will the proprietor's benefit be," and certain regulations were prescribed with regard to lots already purchased and thereafter to be purchased, of which your memorialists beg leave to cite one or two, which they conceive to be material to the present inquiry.

"First, that all the said persons who have already got, or shall hereafter, any bank lots, shall regularly leave thirty foot of ground in the clear, for a cartway under and along the said whole bank, and in convenient time shall make the same to be a common and public cartway for all persons, by day and by night for ever hereafter; and that whoever shall be willing to have cellar stairs or steps up into their houses, shall leave convenient room to make the same upon their own ground, without making any encroachment upon the said way, the narrowness thereof will not admit of any such incumberance thereupon; and if any person or persons shall unadvisedly build to the utmost extent of their bounds, such shall expect no other convenience neither for cellar stairs nor steps, than what they can make within their own houses, and if any person or persons shall not wharf out and make the said thirty foot cartway, the person or persons that shall happen to be next unto and to join upon such, shall and may make the said cartway for the general service, and the said person or persons so neglecting shall pay the said whole charge thereof to the person that shall make the same. And these commissioners have unanimously agreed that the said thirty foot cartway shall run upon one stretch or course from one public street to another, as near as may be." Then followed the regulation relative to the public stairs and passages to be left open from Delaware Front street, to the river between each public street, and leaving it at the option of the purchasers "to make and leave, or not to make and leave any stairs, passage,

This is the only original document which establishes the public cartway which is now called Water street, and which thus became the most eastern street on the Delaware front.

which bears date the 25th October 1701, William By the original charter of the city of Philadelphia, Penn erected the "town and borough of Philadelphia into a city; which said city shall extend the limits and bounds as it is laid out between Delaware and Schuyl

kill." He then says:

"And I do for me, my heirs and assigns, grant and ordain, that the streets of the said city shall forever continue as they are now laid out and regulated; and that the end of each street extending into the river Delaware shall be and continue free, for the use and service of the said city, and the inhabitants thereof, who may improve the same for the best advantage of the city, and build wharves so far out into the river there, as the mayor, aldermen, and common council, hereinafter mentioned, shall see meet."

After various grants and regulations he proceeds: "And I do for me, my heirs and assigns, by virtue of the king's letters patent, make, erect and constitute the said city of Philadelphia to be a port or harbour for discharging and unlading of goods and merchandizes out of ships, boats, and other vessels; and for lading and shipping them in or upon such and so many places, keys and wharves, there as by the mayor, aldermen, and common council of the said city, shall from time to time, be thought most expedient for the accommodation and service of the officers of the customs, in the management of the king's affairs and preservation of his duties, as well as for conveniency of trade."

"And I do ordain and declare, that the said port or harbour shall be called the port of Philadelphia, and shall extend and be accounted to extend into all such creeks, rivers and places within this province, and shall have so many wharves, keys, landing places, as mem. bers belonging thereto, for landing and shipping of goods, as the said mayor, aldermen, and common council for the time being, with the approbation of the chief officer or officers of the king's customs, shall from time to time think fit to appoint.

The corporation erected by this charter was dissolved at the time of the revolution, but was re-established by the "Act to incorporate the City of Philadelphia," passed the 11th March, 1789.

By the second section of this act, it is enacted, "that the inhabitants of the city of Philadelphia, as the same extends and is laid out between the rivers Delaware and Schuylkill, be, and they, and their successors forexer are hereby constituted a corporation and body poli tic, in fact and in law, by the name and style of "The mayor, aldermen, and citizens of Philadelphia"-with the usual corporate powers; and they were invested by this act with all the rights of the late corporation known by the name of "The mayor and commonalty of Philadelphia, in the province of Pennsylvania."

By the act entitled "An act to establish a Board of Wardens for the Port of Philadelphia, and for the

scribed to be removed, and to prohibit their future erec-pital, and has conduced much to the prosperity of this tion within the limits of the city of Philadelphia. 3. Laws metropolis, and will enable the corporation of the city providing for the gradual widening, regulating, paving, at a comparately small expense to effect the real purand curbing Water street, as herein before described, pose of the testator, and to that branch of the subject and also for the repairing the middle alleys, and intro- your memorialists will most respectfully call the attenducing the Schuylkill water and pumps as before speci. tion of Councils. fied-all which objects may, I persuade myself, be accomplished on principles at once just in relation to individuals, and highly beneficial to the public."

On the 24th March, 1832, at the request of the corporation of the city of Philadelphia, and in conformity with a bill furnished by them, an act was passed by the Legislature of Pennsylvania, entitled "An act to enable the Mayor, Aldermen, and Citizens of Philadelphia, to carry into effect certain improvements, and execute

certain trusts."

Stephen Girard was a merchant and an owner of wharf property, admirably acquainted with his own interests and those of his neighbours, and, as his will proves, with those of the community at large. In stating his plans, he says, "all which objects may, I persuade myself, be accomplished on principles at once just in relation to individuals and highly beneficial to the public," and these principles are to be steadily kept in view in construing his testament.

The difficulties that existed on the Delaware, were This act provides, among other things, for the laying that in some squares there was not a continuous passage out, regulating, curbing, lighting, and paving Dela- along the wharves, nor a sufficient width between some ware Avenue, by the Mayor, Aldermen, and Citizens of the stores and the wharves or docks, and the heads of Philadelphia; and having laid it out, directs a record of some of the docks were entirely uncovered at low of the same to be made in the Court of Quarter Ses-water-all these difficulties were to be found to a great sions for the county of Philadelphia, and makes it law-extent in the square in which he resided and had passed ful for the said Mayor, Aldermen, and Citizens of Phila- the largest portion of his life. Another evil was, that delphia, "to proceed from time to time to open, for there was no paved passage along the wharves, and the public use, any part or parts thereof, and the same to wharves themselves were in some instances not properly keep open as common and public highways for ever. And also provides for the assessment and payment of damages incurred by reason of such appropriations of this property to the public use.

The proposed ordinance is framed under this law, and fixes the width of the Delaware Avenue at twenty six feet; and by the second section it is declared, That the Delaware Avenue, as laid out by the first section of this ordinance be, and the same is hereby opened as a common and public highway, and that it shall be the duty of the attorney and the solicitor for the corporation, to make or cause to be made, a record of the same in the Court of Quarter Sessions of the County of Philadelphia accordingly."

levelled nor covered with a hard material so as to let the water run off.

These evils Stephen Girard saw and practically felt, and in framing his will, his object was to get rid of these inconveniences, and at the same time promote the health of the city without doing any injury to com

merce.

curb, light, and pave a passage or street on the east part He accordingly directs the city" to lay out, regulate, of the city of Philadelpha fronting the river Delaware not less than twenty-one feet wide, to be called Delaware Avenue, extending from South or Cedar street all along the east part of Water street squares and the west side of the logs which form the heads of the docks, or thereabouts."

Your memorialists, firmly believing that this act of the Legislature, in declaring this passage when opened to be a common and public highway, and the ordinance now before Councils, enforcing this provision, are in direct violation of the will of the testator, and will not only defeat his plain intention, but vitally injure the commercial prosperity of Philadelphia, and most materially reduce, if not destroy the value of the wharf property on the Delaware front, and that the western line of said avenue, as proposed, will unnecessarily take down several very valuable buildings, and amongst others, cut off the eastern front of the new stores of the testator; and also that the width of twenty-six feet was never designed by Stephen Girard, and is not required by public convenience-do most respectfully but earnestly remonstrate against the passage of this ordinance, and against all proceedings under the said act of Assembly, that will in any way appropriate the property of your memorialists for the purposes of a public highYour memorialists beg leave, however, to be distinct-pletely clean and keep clean all the docks within the lily understood as approving entirely what they conceive to be the intention of that wise man in relation to the Delaware Front, and also to state that they will cheerfully lend their aid to the constituted authorities of the city in carrying the same into full and complete effect.

He does not say it shall be a public highway, nor even a public passage, nor a public street, nor a public ave nue, nor does he use any words which necessarily lead to that conclusion.

"And to this intent to obtain such acts of Assembly and to make such purchases or agreements as will enable the Mayor, Aldermen, and Citizens of Philadelphia to remove and pull down all the buildings, fences, and obstructions which may be in the way. If he had intended to make it a highway, all this was unnecessary, but this clause becomes useful and necessary upon our construction of his Will.

way.

"And to prohibit all buildings, fences, or erections of any kind to the eastward of said avenue; to fill up the heads of such docks as may not afford sufficient room for the said street; to compel the owners of wharves to keep them clean and covered completely with gravel or other hard materials, and to be so levelled that water will not remain thereon after a shower of rain; to com

mits of the city fronting on the Delaware, and to pull down all platforms carried out from the east part of the city over the river Delaware on piles or pillars."

In these words there is certainly nothing contradicting the idea that he meant this for a mere passage, and not for a public or common highway.

From the small rise of the tide at Philadelphia, an The Will not necessarily leading to the opposite conextension of the wharves below the low water mark clusion, there are circumstances and reasons appearing was absolutely necessary for the purposes of commerce, in this and other parts of the Will itself, which, in conand as it was entirely out of the power of the proprie-nexion with extrinsic matters, in the opinion of your tary or the commonwealth, or of the city, to build memorialists conclusively establish, that it was not his wharves along the whole city front themselves, even had intention to make it a public highway. they possessed the right so to do, we find that every encouragement was held out to the private owners of property on the Delaware to extend their wharves into the river, and to build them in a substantial manner. This has occasioned a great expenditure of private ca

The situation of the square between Market and Arch streets, and of the testator's dwelling and stores on the wharf and on Water street, are important in con. nexion with the Will itself. The stores on the west side of Water street were built about the beginning of

the last war, and the new block on the wharf was built in 1827. The repairs to the old store back of his dwelling house were commenced in the fall of 1830 and were finished in 1831. His Will is dated 16th February 1830. A public middle or centre alley runs between his older stores and those purchased since the date of his Will. These are his land marks. In the directions relative to Water street he says, "that Water street be widen ed east and west from Vine street all the way to South street in like manner as it is from the front of my dwelling to the front of my stores on the west side of Water street, and the regulation of the curb stones continued at the same distance from one another as they are at present opposite to the said dwelling and stores, so that the regulation of the said street be not less than thirtynine feet wide, and afford a large and convenient foot way clear of obstructions and incumbrance of every nature, and the cellar doors on which, if any shall be permitted, not to extend from the buildings on to the footway more than four feet; the said width to be increased gradually as the funds shall permit, and as the capacity to remove impediments shall increase, until there shall be a correct and permanent regulation of Water street on the principles above stated,so that it may run north and south as straight as possible."

entirely the idea of a public highway. All the objects of the testator will be answered by a continuous pas sage. Can his intentions be fulfilled if it is to be a pub. lic highway?

The damages to be paid in such case to the owners of wharf property alone, without calculating the cost of curbing, lighting, and paving, and filling up the heads of docks, will be at the very least one million of dollars, and until the city is ready to pay the whole of this sum, the whole of this avenue cannot be opened as a public highway nor even for public use. If the whole income of the five hundred thousand dollars were applied to this object alone, it will be perceived that such a project cannot be affected for fifty years to come.

But this fund has two other objects, the removal of wooden buildings, and the widening of Water street, and supplying it with Schuylkill water, laying iron pipes, establishing pumps and fire plugs, and repairing the middle alleys. If all these objects are to go on together, then it will be perceived that a still longer delay must take place in the opening of Delaware Avenue-and if the whole income is to be applied in the first place to that object alone, then it inevitably follows that a main intention of Mr. Girard will be entirely defeated, that of renovating and improving Water street within any reasonable period of time.

These facts show also that Mr. Girard never did contemplate a public highway along the Delaware front

His buildings on Water street therefore formed the guide, for the regulation and width of Water street, and the city have placed that construction of this clause of his Will, by declaring that by "not less than thirty-east of Water street. Another fact is deserving of nonine feet wide," in connexion with the monuments on the street, he meant thirty-nine feet and no more, and they have accordingly established that as the permanent width of new Water street.

He has said that this passage shall be "not less than twenty-one feet wide," and by examining his old store that he repaired and new faced towards the river in 1830 and 1831, there will be found just twenty-one feet without any foot pavement between the eastern front and the dock in front of it. This shows that his own buildings on the wharf and his wharves and docks formed monuments by which this passage was to be laid out.

His new store was built in 1827, and is one of the finest buildings of its kind, and was intended by him to form a permanent monument of his skill and know ledge. By the plan proposed by the committee of Councils, a considerable part of its eastern front must be cut away, and the building itself seriously injured, an effect certainly never contemplated or intended by him when he made his Will.

Assuming then these two stores, and the dock and wharf as land marks used by him, then it follows that the avenue should be only twenty-one feet wide without a foot pavement in front of his old store, and of course of the same width throughout, and that he did not think it necessary to take even one straight line from street to street, because you must take another line to avoid cutting down his new store. This is supported by his words. "All along the east part of Water street squares and the west side of the logs which form the head of the docks or thereabouts," and he also omits entirely the language used by him in relation to Water street, which directs "that it may run north and south as straight as possible." All this it will be perceived is in strict consonance with our construction of its being a passage merely, but is entirely opposed to the other construction that he intended it to be a public highway. There is also another consideration worthy of notice. If this was a public highway, nothing could be conveniently landed at the head of his dock, nor could goods be allowed to remain at all on the wharf, but must be portered at once from the vessel to the store at a considerable additional charge.

It may be that the testator, who had long been a Warden of the Port of Philadelphia, simply intended to carry into effect the Act of the 29th March 1830, which we have already noticed, and which would repudiate

tice. There is no city in the United States so well provided as Philadelphia with the means to immediate egress and regress from the whaves into a public street like Water street, which is to be improved for this very purpose.

Between Cedar and Pine streets there are eight alleys, Between Pine and Spruce streets there are five alleys. Between Spruce and Walnut streets there are eight alleys, beside the Drawbridge. Between Walnut and Chesnut streets there are two thorough cuts, besides other alleys leading into them. Between Chesnut and Market there are three thorough cuts besides alleys leading into them. Between Market and Arch streets there are six alleys. Between Arch and Race streets there are five alleys. Between Race and Vine street there are six alleys. These alleys are only from one hundred and eight feet to one hundred and six feet in length, and lead directly from the wharves at very convenient distances into a public street.

The wharves are intended simply for commercial purposes, and no interference whatever with them can be permitted without a sacrifice of the commerce of the city. All that is wanted is a convenient method of getting from the wharves when paved, cleaned, and con nected, and this is afforded by those numerous avenues already provided by the wisdom and foresight of our citizens. At present a variety of charges on trade are avoided, and the commerce of the city increased, by the conveniences afforded of landing flour, whiskey, linseed oil, mackerel, cotton, sugar, coffee, molasses, grain, salt, and western produce generally, besides a large amount of foreign and other articles landed at wharves fronting the stores where they are warehoused. These advantages have also increased the va lue of wharf property, and have induced many persons, in various branches of business, to locate themselves in stores immediately adjacent to the wharves. A public highway like the one proposed, would cut off all direct communication between the vessels and the stores, and at once render the employment of additional hands necessary to discharge or load a vessel, and thus increase the cost, and of course diminish the commercial advan tages of our port. Philadelphia maintains her present commerce only by her superior economy, and if that is taken away, business must naturally flow to New York and other ports more favourably situated than this city for commercial business.

Your memorialists, for these and other reasons which

they do not deem it necessary to press at this time, do
not hesitate to say, that such a measure as that now be
fore your honourable bodies, would reduce at once the
value of all wharf property, and strike a fatal blow at
the commerce of our flourishing city.

It will be recollected, that the whole Delaware wharf
front within the limits of the city, including the public
as well as private wharves, is about 5,400 feet, and that
it cannot be increased. Destroy its present accommo-
dations, created at the expense of private individuals,
and with private capital, and not by public liberality,
and you injure this noble city, but you do not fulfil the
will of Stephen Girard, who was too able a merchant
not to have foreseen the consequences of such a mea-

sure.

In his emphatic language, he says-"But if the said city shall knowingly and wilfully violate any of the conditions hereinbefore and hereinafter mentioned, then I give and bequeath the said remainder and accumulations to the commonwealth of Pennsylvania, for the purposes of internal navigation. But your memorialists feel confident that this will never be done by your ho nourable bodies.

Your memorialists, having thus stated their objections to the plan before Councils, beg leave (reserving all their rights to a full compensation for all damages which may be sustained by any of them) respectfully to suggest one which they believe will entirely fulfil the intention of the testator.

between these streets as the west line, except in the cases of Paul Beck's stores next to Pine street, and Richard Willing's above Spruce street, the projections of which are to be cut off, and of the stores at the southwest corner of Walnut and the wharf, which are a few feet west of this line. This gives twenty-one feet throughout, except in one or two instances where an additional wharf log wil be required, and at the Drawbridge, which the city authorities are now filling up. From Walnut to Chesnut take the east line of Thomas P. Cope's stores, and the adjoining stores, to Chesnut street, as proposed by the Committee of Councils. Then beginning on the north side of Chesnut street, in a line with Paul Beck's stores between Chesnut and Market,and continue that line to the division line between Paul Beck and George Blight, then curve so as to remove the five feet of wall projecting from Geo. Blight's southern building, and so as to leave untouched all his other buildings, until you bring it in a line with his tavern, and continue that as the west line to Market street.

This fills up the Crooked Billet dock, and saves a very valuable and expensive building on Market street. Take the line of the present buildings on the north side of Market street until you reach the property late Bickley's now the City's. This will leave the whole front of Market street and the Fish Market as they now stand, forming a projecting centre in the line of the wharf front. Take down so much of Bickley's stores 1 To make the west line of the Delaware Avenue as will bring them on a line with S Girard's new store, agreeably to a dotted line marked on the draft accompa-then curve at the corner of said store, and take the east nying this memorial. This will save the front of the front of S. Girard's old store as the west line, and conFish market, S. Girard's new store, and several other tinue that line to Arch street. valuable buildings.

2. Make the width only twenty-one feet, without any foot pavement.

3. Lay it out as a passage merely, agreeably to said plan, but not as a public or common highway, reserving all the rights of the owners of wharves, together with the undisturbed use of them, for all commercial purposes as heretofore.

4. Let all the other directions of the testator relative to it be strictly fulfilled.

If this plan is adopted, the expense will be comparatively small. The passage could be laid out without delay throughout the whole extent, and within a very short period could be made, curbed, lighted, and paved. Your memorialists, therefore, most respectfully renew their remonstrance against the passage of the present ordinance, and pray your honourable bodies to ask of the Legislature such amendments to the Act of the 24th March, 1832, as will make it conform to the Will of our deceased fellow citizen.

DESCRIPTION

Of the western line for Delaware Avenue, proposed by the owners and occupiers of wharf property on the river Delaware.

Beginning on the north side of Cedar street, at the distance of about twenty-one feet from the southeast corner of the building at the corner of Cedar street and the wharf, and continuing in a straight line so as to strike the northeast corner of the most projecting store between Cedar and Lombard streets, and from thence in a continued straight line to Lombard street wharf. This gives twenty-one feet clear throughout.

Beginning on the north side of Lombard street, in a line with the building at the south-west corner of Pine street and the wharf, and continuing that line to Pine street. This gives twenty-one feet in the clear, except at the part of the head of the first dock above Lombard street, which will only require a wharf-log or two to give the width of twenty-one feet.

From Pine to Walnut take the line understood to be proposed by the plan of the Committee of Councils, which takes the fronts of the stores as they now stand VOL. XII.

16

This leaves S. Girard's stores and wharves untouch

ed, and fills up the heads of the two docks to the north

of them.

leave the foot pavements as they now stand, between Wherever the width of the wharves will permit to the west line and the stores, and where the width permits and there are no foot pavements, to leave from three to five feet between the west line and the stores, which the owners may use for that purpose if they deem it expedient.

It will be perceived that this is the cheapest and most commodious location for Delaware Avenue that can be adopted.

The subjoined communication was received and read, but was not acted on.

To the Honorable the Select and Common Councils of the city of Philadelphia.

Gentlemen--The subscriber having taken a part in the deliberations of the holders of property on the Delaware Front, whose memorial will be before you this evening, has reason for dissenting from the committee in the line they have proposed for Delaware Avenue in two places; but approves of the proposed line every where else. The first objection is to the line proposed in the square between South and Pine street, the second to the line between Chesnut and High street. I offer at present no reasons why I dissent from the line proposed by the committee for those two squares, and only say that I have full confidence that Councils will protect the rights of individuals and show no partiality. I am with great respect, Your humble servant,

PAUL BECK, Jr.