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the western bank of the river until a short distance above the Upper Ferry Bridge, from whence it crosses the river obliquely by a bridge of six spans, two of 90 feet, and four of 103 feet, with five piers set in the thread of the stream; and it is then carried through the bridge property, and at the distance of 26 chains it turns and continues on the eastern front of the Schuylkill, and passing through the eastern abutment of the Permanent Bridge terminates one chain south of it. It would therefore appear not to be the intention of the Canal Commissioners to extend the benefits of the Rail Road to the centre of the city and the Delaware front, nor to the adjoining districts, but to confine them exclusively to a small portion of the water front of the Schuylkill. This
1. The east and west sides of Front street, from Chesnut to Arch street; and the west side of Front from Arch to Race street.
2. Second street, from Vine to Spruce street, attach-route has never received the approbation of any engineer in
ed to the High street Market; and from Spruce to Pine street, attached to the Second street Market. 3. Third street, from Market to Race street. 6. Market street, from Eighth street to the Old Centre Square,
Your Remonstrants further represent that Second street has been proved by long experience to be peculiarly calculated for a stand, and the reason is evident when it is considered that this street connects the North and South Markets in Second street, with our principal Market in High street.
The nature of its population-the ready access to it from the North and South, from which the produce is principally brought for sale-its vicinity to the water, and its numereus shops for the accommodation of people from the country, point it out as the most eligible stand --and such has been the opinion of all preceding coun cils-The last ordinance extending its limits was passed so late as the 27th January, 1825.
able bodies, praying for an entire removal of the Market Wagons from Second Street to Sixth Street, grounded upon reasons and statements which your remonstrants believe to be fallacious.
From the language of the Petitions, it would seem as if Second Street was the only stand for Market wagons, and that the western part of our city was entirely unprovided with similar ones, which is not the case, as appears by the following enumeration of such stands as are now authorised by the existing ordinances of the Corporation.
Your remonstrants are surprised that Sixth st. should be recommended as a proper stand for country wagons, which, if occupied as Second street is at present, would interfere with our courts of justice and public buildings, and extremely destroy the beauty and utility of those noble public squares on which so much money has been and is annually expended.
Your remonstrants therefore humbly pray your hon orable bodies not to grant the prayer of the petitioners, but to allow the Market Stands to remain as they are now established by Law.
Thursday Evening, Dec. 31st.
Mr. Hale presented the following
The Watering committee who were directed by a resolution of the Select and Common Councils, of the 24th instant, to make a full inquiry into the probable effects of the route for the Philadelphia and Columbia Rail Road proposed by the Canal Commissioners, on the general interests of the city, and particularly on our establishment at Fair Mount, and to report the result thereof with such measures as they may deem expedient to be adopted, at the next meeting of Councils,"
the service of the state.
The route originally located by Major Wilson, and subsequently reviewed and approved by Messrs. Robinson, Hopkins and Douglass, crosses at Peters' Island by a bridge of 7 spans and 824 feet between the abutments, and passes into the bed of the Union Canal.The main line is continued to the intersection of Vine and Broad streets, and a branch line diverging at the Four Nation's Hotel, turns into the direction of Fair Mount street, and passes along the Western front of the City, and through the eastern abutment of the Permanent Bridge, and terminates also to the Southward of it. The Watering Committee think that the comparative merits of these two routes cannot be better expressed than in the language of the Engineers of the state. Major Douglass says, "comparing these two lines with regard to the expense, we find from the estimates given, a balance of 33,018 30 dolls. in favour of that which crosses at Peters' Island. With regard to distance, the same line has the advantage of 14.40 chains, in reaching Broad street, and of 20.40 in reaching the Permanent Bridge. In point of rise and fall, it has also the advantage by thirty-four feet on the line to Broad street. Lastly, in point of convenience for connection with the various localities of the City, it is thought also to have the advantage, as conforming more nearly with the views already suggested on this point, and particularly being more apart from the ordinary travel of the
The first object proposed by the resolution, was the probable effect of the route proposed by the present Board of Canal Commissioners on the general interests of the city. The route recommended by the Canal Commissioners for the termination of the Railway, is one surveyed by Maj. Douglass under the orders of the Board of the 11th and 21st August last, and commences "from the inclined plane near the farm of the late Judge Peters and extends down the western side of the river Schuyl kill to a point near Fair Mount, thence across the said river and down its eastern side to sloop navigation between Market and Chesnut streets." Upon examining the report of Major Douglass and the map accompanying this report, your committee find that the line continues on
Messrs. Robinson, Hopkins, and Wilson, say—"we conclude by stating what we presume has been already inferred, that the line adopted by the Board of Canal Commissioners, (the former Board,) crossing opposite Judge Peters', and following the bed of the old Union Canal, with the change in its graduation proposed, presents in our opinion, the most eligible and least expensive route to the City, and at and near its point of termination, offers as many facilities for an extensive distribution of, and consequently a full and free competi tion for the trade of the Columbia Rail Road, by branch Rail Roads, as any one locality can combine."
A more decided expression of opinion could not have been given by these distinguished Engineers.
The Watering Committee think it, however, their duThat they have made as full inquiry into the subject ty to present their views of the effect of the two routes referred to their consideration, as the short time allow-on the general interest of the city. The route by the ed them would permit, and the result of it they will western side it appears by the Report of Major Dougbriefly lay before Councils. lass must cross at Fair Mount or not at all, as his decided disapprobation of the erection of a bridge between the Upper Ferry and Permanent Bridges, leaves this as the dernier resort of the advocates of the western side of the Schuylkill. If, as we shall see hereafter, this plan of a bridge at Fair Mount is not feasible without a vast destruction of public and private interest, then the Railway on the western bank of the river must be exclusively confined to that side, and must terminate on a comparatively uninhabited and unimproved shore, instead of in the heart of a populous district of nearly 200,000 inhabitants. Such a location might suit the interests of a few individuals, owners of property on the western bank, but would injure vitally the interests of the City and districts, and jeopardise the great advantages
expected by our fellow citizens in the interior from a Successful completion of this great state work: the object of which is to introduce by the best and cheapest incans to the best and most profitable market, the various productions of their soil and industry. Supposing it to pass at Fair Mount, the line now recommended by the board, terminates nearly two miles from the Delaware front, and confines the whole trade that may cross, to the sparsely settled front of the Schuylkill. The location on the western bank is in fact a private not a public concern; and if it is needed, private capital assuming the shape of an incorporated company, can easily be found to complete it.
PROCEEDINGS OF COUNCILS.
The route on the eastern side passes along a levelled track through the heart of Penn Township, strikes into Spring Garden, and terminates at the intersection of Vine and Broad streets. From different parts of this route, branch railways can be readily taken to accommodate the flourishing districts of Spring Garden, the Northern Liberties and Kensington-it can also be taken to any part of our city plat, and by conducting a line through the centre of Broad street; it will also suit our fellow citizens in Moyamensing and Southwark, who will have their share of the trade of the interior by this noble improvement. Our western front will also be supplied by their branch as before described. The Watering Committee are therefore decidedly of opinion that the route proposed by the present Board of Canal Commissioners by the way of Fair Mount would be highly injurious to the interests of the City and the State, and that the route by Peters' Island is the only proper mode of terminating the Columbia and Philadelphia Rail Road.
These works consist of a Dam across the Schuylkill, of which the height of fall at high water is 6 feet 6 inches. The overfall part of the dam is 1204 feet long, and the mound dam 212 feet, making together 1416 feet
from shore to shore.
of water. The ground owned by the city at Fair Mount contain about 30 acres.
There are now 3 finished Reservoirs on the Hill, which is 98 feet above high water mark, which occupy about 6 acres.
No. 1 contains
No. 2 do
Gallons. 3,917,659 3,296,434 2,707,295
No. 3 do
The mill buildings containing the wheels and pumps are 238 feet front by 56 deep, and contain apertures for 8 wheels, and pumps opening into the forebay between the mill buildings and the hill.
There are now 4 wheels and pumps put up and in
use, and of course room for 4 more.
Gallons, 9,921,388 Reservoir No. 4, which is now erecting, will contain about
Your committee will next proceed to consider its effects on our establishment at Fair Mount, a short de
scription of these works and their cost will better enable Councils to judge of its operation on them.
"In the year 1799, Councils sensible of the importance of a supply of water to the city appointed a committee to ascertain whether it could be introduced by means of water power, and whether such power was to be found within a reasonable distance of the city, and to report on the subject."
Mr. Latrobe was employed by the committee and after considerable pains it was believed that no water power could be had adequate to the purpose, and Councils finally decided upon constructing two steam engines, the one on Chesnut street (Schuylkill,) and the other in the Centre Square; and by these means to supply the City with water from the Schuylkill." 275,861 91 "In the course of a few years these works were found insufficient and very expensive, which induced Councils once more to look for a more frugal means of super ply." The consequence was the erection of two steam engines and works at Fair Mount, and the raising of the water at that spot: 200,700 32
These works cost
These engines and works cost
and occupy also about six acres of ground,
Total contents 19,921,388
The iron mains and pipes which distribute the water from the Reservoirs laid in the city to Dec. 31, 1829, amounted to 36 miles.
The whole cost of the last Water Works, including laying pipes and mains, with the expense of the former works, and these works from August, 1812, to Dec. 31, 1829, is 1,307,081 32 1,783,643 74 500,000 00 1,283,643 74
And it leaves
The cost of the works now in use, with Iron Pipes, Reservoirs, &c. included.
What will be the effect of the contemplated Bridge and Rail Road at Fair Mount on this valuable property?
The river at the Upper Ferry Bridge is contracted to 340 feet between the abutments. The contemplated Bridge begins a short distance above on the Western Bank, crosses the marsh below it, and terminates on the Bridge property at Fair Mount on the Eastern side.— There are to be 6 spans and 5 piers and 2 abutments. The piers cannot be safely less than 28 feet, as they will be sunk in the water 23 feet deep, and they are to be carried 22 feet above the water line, making 45 feet in height. This will, of course, narrow the river at this point from 80 to 100 feet but a short distance below our works, and where the river is but 400 feet wide.Past experience supplies us with ample materials to foretell the inevitable and fatal consequences of such an obstruction, In February, 1822, the water rose 19 feet 5 inches at the Falls of Schuylkill, and was 8 feet 11 inches perpendicular on the Dam at Fair Mount and the water below the Dam was on a level with it. What would have been the effect of a rail way bridge at that time cutting off a fifth of the natural channel of the rivbelow the Dam?
Making the total cost of all the works
This freshet if the works had been in operation, would have rendered them entirely useless for 24 hours without such an impediment. A common ice freshet in February, 1829, of 4 feet, stopped the water wheel for 18 hours, and the ordinary full moon tides stop them 6 hours in the 24.
A rail-way bridge must greatly increase this evil, and in the opinion of our scientific superintendent, Mr.Frederick Graff, "will in part if not effectually destroy a public work which has cost the city upwards of a million of dollars."
The watering committee think it unnecessary to state more fully the reasons upon which this opinion is founded, as they are detailed at length by Mr. Graff in a letter attached to this report. Even a temporary stoppage of the water would expose us to all the horrors of conflagration without the means of relief, and deprive us of
NOTE. The iron pipes laid in the Districts to Dec. 31, 1829, amount to 19 miles, which with 36 miles in the City, make 55 miles of iron pipes supplied from the reservoirs at Fair Mount.
a most necessary element, upon which all classes of citizens depend for the ordinary purposes of life. The works are superior to any similar ones in the civilized world, and do honor to the enterprize of Philadelphia, and your committee cannot for a moment suppose the Legislature of the State will place them at the mercy of a rash experiment which may, nay will destroy the comforts of 200,000 people.
The Watering Committee are conscious that after the liberal protection extended to these works by the Legislature in 1829, that it will not be permitted in 1830 to erect a bridge in this spot which will do such vast injury to the community.
Your committee have with some surprise observed that there is no estimate of the damages to be sustained by the city by this location of the bridge and road. The almost incalculable injury to the works which will be sustained, together with the damages the Schuylkill canal and works may sustain,and which the city by contract is bound to pay, your committee have thought should fairly enter into the calculation of the cost of this route.
In conclusion, the Watering Committee trust and believe that the same liberal spirit which was manifested in the location of the western canal so as to suit the convenience of our western sister Pittsburg, will be displayed towards her eastern sister Philadelphia in the termination and location of this Railway.
west end of Church Alley may be re-paved. Referred to Paving Committee, with power to act as they may deem fit.
Resolved by the authority aforesaid, That the Water ing Committee be and they are hereby authorized to take such measures as they may deem expedient to carry into effect the views of Councils.
THOS. HALE, Chairman. The resolutions were unanimously adopted, by both the Select and Common Councils.
A note was received from the Clerk to the Commis. sioners of the Northern Liberties communicating the following resolutions which had been passed by that body.
Mr. Troth presented a memorial from sundry citizens praying Councils to use their influence in favor of the route for the Rail Road recommended by the State Engineers, and in opposition to that recommended by the Canal Commissioners.
They offer for consideration the following resolutions: Resolved, By the Select and Common Councils, That in their opinion the location of the Philadelphia and Columbia Rail Road recommended by the present An ordinance to authorize the appointment of an adBoard of Canal Commissioners would be greatly inju-ditional number of vaccine physicians, was passed by rious to the interests of the City and the State, and des- each Council but it being discovered after adjournment, tructive to the valuable property owned by the city at that the copy of the bill which had been passed by the Fairmount and the water works thereon erected. Select Council, did not agree with that which had been passed by the Common Council, the President of the Select Council pronounced the proceedings of both bodies nugatory. A special meeting must be held to rectify the mistake.
Mr. Johnson presented the following:
The Committee to whom was referred the Petition of John S. Furey; a Tax Collector for 1828, Report, That they have taken the subject of his petition into consideration, and are of opinion, that under all the circumstances of his case, the claim of interest should be released. They, however, wish it to be distinctly understood, that this ought not to be considered as a precedent for future cases.
They accordingly, offer the following resolutions for the consideration of Councils.
Communications were received from Edward L. Biddle, Charles Davis, and Joseph Haines, offering to take on lease the city property at Chesnut street on Schuylkill. Referred to the committee on that property.
Mr. Price presented a petition from sundry citizens, praying that about one hundred and fifty feet of the
Resolved, by the Select and Common Councils, That the claim of interest from Jolin S. Furey, a Tax Collector for 1828, be, and the same is hereby relinquished; and, that the Mayor be, and is hereby requested, upon payment of all the costs of suit, and being satisfied, that the principal sum due has been fully discharged, to cause satisfaction to be entered on the judgements ob tained against the said John S. Furey, and his sureties. The resolution was adopted.
Resolved by the authority aforesaid, That Councils do most cordially approve of the proposed route for the Railway crossing at Peters' Island and terminating at the intersection of Vine and Broad streets, with a branch railway to accommodate the eastern front of the Schnylkill as best calculated to promite the interests of the city and adjoining districts, and of the commonwealth. Resolved by the authority aforesaid, That the Presi-ing dents of Councils be and they are hereby requested to cause to be prepared memorials to the Senate and House of Representatives, expressive of the sentiments of Councils on this important subject.
It was resolved to proceed to the election of a City Treasurer and of Directors of the Public Schools at the first stated meeting in January.
Thomus Hale, Esq. Chairman of the Watering Committee. Sir-I have received a letter from Harrisburg, inform me that the Canal Commissioners have adopted the route for the state rail road along the western side of river Schuylkill terminating at a bluff of rocks opposite Fair Mount, at which place it is contemplated to cross the river by a rail way bridge to be constructed with five piers, which in addition to the contraction already existing in the river by the abutments of the upper ferry bridge, will, in my opinion, form such an obstruction to the passage of the ice and water in times of freshets as will completely inundate the canal and mill buildings at the Fair Mount Water Works in such manner as to prevent the regular supply of water to the city and districts.
From the experience I have had since the erection of these works I can readily conceive what will be the result if any further impediments should be thrown into the river, already too much contracted.
Resolved, That Messrs. J. Naglee, Wm. Binder, and During the freshet of February, 1822, the water and Benj. E. Carpenter, be a committee to prepare a re-ice rose nine feet perpendicar en the dam at Fair monstrance against the proposed alteration of the loca- Mount, completely inundating the canal locks and guard tion and termination of the Pennsylvania Rail road, with pier on the west side of Schuylkill, and at the same authority to confer with any Committees on that sub- time swelled the water below the dam to the height of ject from the adjoining districts. five feet above the pumps in the mill house of the water works, which, had they been ready for operation would have been rendered useless for upwards of 24 hours.
Resolved, That the Clerk be instructed to furnish the City Councils, with a copy of the above resolutions.
The communication was referred to the Watering Committee with authority to confer with the committee appointed by the Commissioners of the Northern Lib
In February, 1829, a common ice freshet of five feet, occasioned so much swell in the river as to stop the water wheels for 18 hours, and as it cannot be calculated at what time the ice in the dam may break up, it is impossible to guard the water works at all times in such manner as to have the reservoirs full, for at periods when the water is turbid in the river the pumping is suspended, and the pure water in the reservoirs is permitted to flow to the city until they are nearly empty; at such time should an ice freshet take place and the works be in
undated thereby, great part of the city or districts might be destroyed by fire, without the aid of water from the work, as was the case lately at Cincinnati, merely from the circumstance of one of the valves of the pump being out of order, and which could not be got at during the freshet in the river. If such destruction has taken place from such a cause, should not the citizens of Philadelphia be alive to prevent a similar accident happening to their works.
Independent of the contemplated piers of the rail road bridge, it behoves the citizens of Philadelphia to guard the Fair Mount works from innovations of every description. As from late surveys of the Schuylkill made for the purpose of building a bridge across the river at Race street it has been found that the bottom is rock, consequently when improvements by wharfing shall be extended, the river will naturally become contracted in width, and as it cannot deepen in the ratio as it is narrowed on the account of the rock bottom; an increased .swell of water must be expected, and which will of course have a tendency to check the operations of the water wheels at Fair Mount, which at the present day are frequently stopped eight hours out of twenty-four on account of high waters.
Every volume of Pennsylvania reports will show cases in which some Judge of the Supreme Court has retired from the Bench, when the cause of a relative or connex
Although the bridge at the Falls of Schuylkill twenty feet above the common water line of the river, the ice freshet of 1822 raised it from its bed and swept it down the current. That bridge had but two piers, the one intended for the rail road at Fair Mount is to have five, the space below the falls bridge widened for the spread of the water, whilst the space below the con-ion by marriage was to be heard. Several acts of Astemplated bridge at Fair Mount contracts to 340 feet. sembly have been passed, making provision, that when a president of a district has been concerned as counsel, or was a relative of either party, &c. that the president of the nearest adjoining district should hold special courts to try such causes. In numerous instances have those Judges been called to a great distance for this purpose, and paid their mileage and additional compensation, rather than that a Judge should preside in a cause under any supposed bias.
From these circumstances the consequences may be conjectured should the ral way bridge be built, as the ice and water could not find vent between the abutments of the upper ferry bridge it will re-act with double force, and pass up the western shore of the river and occasion destruction to the canal, the water works, and in all probability to the rail road bridge itself.
Under every circumstance either as regards convenience or economy, it is my opinion, that the location of the rail-way so as to cross Schuylkil! near Fair Mount is
a bad one.
2d. The grade of levels is 34 feet higher. 3d. It will cost 33,000 dollars more.
By the common law and every day's practice, no relation, not even a cousin of either party, is permitted to be a juror to try the cause. The Sheriff is not permitted to draw and summon the jury to try the cause of his brother, if it be objected to by the opposite party. 10 Ser. & R. When the Legislature in 1810 were forming a new system, trial by arbitration,they provided that each party shall have the right to object to six persons named as arbitrators by the opposite party, without assignwasing any reason. And when the Prothonotary comes to name the umpire the same right of arbitrary rejection is allowed.
The freshet of 1822 rose to within about one foot of the springing line of the arch of the Upper Ferry Bridge, When we find the common law thus strict, and the and although the water got vent by the increased width Legislature of this state thus jealous, as to who shall be of the river below the Bridge, still it swelled to such a the arbiters on the rights of parties litigant, thus scrudegree between the Upper and Middle Ferries as to in- pulous and exact to preserve the ermine of justice pure undate all the wharves and store houses, and had it not in every respect, can it be supposed that the same Legbeen for the low lands on the west side of the Schuyl-islature ever intended to give jurisdiction to a justice of kill at High street giving vent to the ice and water, the the peace to try the cause of his own brother? Where damages would have been immense. As it was, the is the necessity for giving such jurisdiction where justices store houses and buildings south of High street Bridge are so numerous in every neighborhood, affording amwere inundated and materially injured. ple opportunity to every plaintiff to make a selection, without resorting to so near a relation? Let it be remembered that the justice of the peace sits alone on his judgment seat, unrestrained by impartial colleagues.— The juror is but one of twelve who join in giving the ver dict. The arbitrator or judge is a ininority of those who decide the cause. The act giving jurisdiction to justices of the peace in cases not exceeding $100, was passed by the same Legislature, and bears the same date with the judg-arbitration law. It is true it is general in its terms; but it must be understood to have been passed, with a view to be constructed according to the general principles of up-law and the first principles of jurisprudence. Had it been proposed to have added a proviso that a justice shall not try the cause of his brother or son, such proviso would have been rejected by an intelligent Legislature as unnecessary and absurd, inasmuch as the first principles of the common law would prevent the assuming of such a jurisdiction.
We are of opinion that it never was the intention of the Legislature to grant jurisdiction to a justice to issue his process at the instance of his near relatives, or to decide their suits. Every such judgment, execution or other process, will be set aside by the Court at any time for want of jurisdiction.-Filed by request of couns 1.
Warren, Dec. 1, 1829.
HENRY SHIPPEN. [Voice of the People.
1st. The distance is greater than Major Wilson's route by the Union Canal.
to its being located at a more narrowed space of the river, will increase the danger of the Fair Mount works in a two fold degree to that of location No 1 on the plan.
Certiorari. The Error assigned is this :-
If a Justice can issue a writ and try the cause of his brother, it is an evil which requires remedy by the Legislature. By an examination of the principles of the law and the statutes of Pennsylvania, it will be found that so great an imputation on her system of jurisprudence is unfounded.
4th. It is located contrary to the opinions and ment of many of our most scientific Engineers.
5th. And it will in part, if not effectually destroy a public work which has cost the city of Philadelphia wards of one million of dollars.
With great respect, your humble serv't,
December 26, 1829. N. B. Since writing the above I have received information from good authority, that Major Douglas has surveyed route No. 2, marked on the plan herewith annexed, locating the rail-way bridge immediately adjoining the north side of the Upper Ferry bridge, so as to cross the ferry road at the toll house, and from thence rangeing along the south line of the ferry road through the ground of Messrs. Nixon, Williams, Ridgeway and others, to an intersecting line with Type Alley, situate south of Wood street. The level plane of the bridge by this route is only 22 feet above the tide, and owing
Bradford and Tioga
Centre and Clearfield
S'rs. on Ra. 7,700.0
20750 25350 1 3
S'rs. on Fractions.
Total No. of Sen'rs.
ty and District.
1 Philadelphia County
7899 1 199
12718 15018 1 2 Westmoreland
Indiana and Jefferson -
1 Northampton, Wayne and Pike
Lycoming, Potter and McKean
Members on Fractions.
4442 11898 1 2
4510 11966 1 2
3034 1 490
5009 12465 1 2
ty and District.
year 1825, was
Members on Fractions.
1 Of the President and Managers of the SCHUYLKILL NAVIGATION COMPANY, to the STOCKHOLDERS, January 4, 1830,
The President and Managers of the Schuylkill Nav1 igation Company, in submitting to the Stockholders their annual Report, have great satisfaction in adverting to the present state of their affairs. By the persevering and liberal exertions and contributions of the Stockholders, continued under circumstances at times very discouraging, the work has at length arrived at a point to make them a return, and to afford an earnest of further and increasing requital for their heavy advanceThe regular growth of the business on the navigation, and the corresponding growth of the revenue, afford the strongest assurance that the basis is sound, and that the present prosperous state of the Company's affairs, is the natural result of permanent causes, operating by their own proper strength, without the aid of any temporary or artificial stimulants. This will appear from 4 the following statement of the revenue from tolls of the 1 last five years, to wit:
The amount of tolls received in the
58,149 74 87,171 56 120,039 11
The progress of the business has been quite equal to 1 the expectations of the most sanguine: and from the preparations made and making by individuals at the 2 coal mines in constructing railways, as well as the im4provements in opening and working the mines, togeth2er with the increase of the number of mines and of per1 sons engaged in working them, there is every assurance that it will be rapidly accelerated.
The limitation of time in the charter for the completion of the work having nearly expired, it was deemed necessary to ask for a supplemental act, in order to avoid the questions which might otherwise be raised a