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stated, in order that measures may be taken to prose-vised ordinances, reported an ordinance relative to the
cute the work, now in part suspended; they take it for cording of wood, which was laid on the table.
granted, that the plan of the testator will be adhered to, Mr. DUANE, as chairman of the committee on GI-
and that those agents in whom he confided, and who RARD'S LEGACY, made the following report and resolu
fully understand his views, will be continued in their oc- tions.
cupations; because a change, besides being ungracious
in itself, could, they believe, have no salutary effect;
but would, on the contrary, be followed by delay, and
perhaps by loss and litigation—all of which the testator
deprecated.

In saying this the Executors trust that they do not pass the line of duty or propriety: they covet no control, and simply say, that it will give them pleasure to co-operate with the city authorities in faithfully carrying the testator's intentions into early and efficient execution. With this representation, the executors present a plan of the proposed improvement, and a statement, planatory of the work to be done, as well as of measures adopted for its progress and completion.

TIMOTHY PAXSON,
THOS. P. COPE,
JOSEPH ROBERTS,
W. J. DUANE,
JOHN A. BARCLAY.

Philadelphia, January 12, 1832.

To the Select and Common Councils of the City of Philadelphia.

The committee appointed to consider and report "What measures ought to be adopted, in order that the Mayor, Aldermen and Citizens of Philadelphia may promptly and faithfully execute the trusts created by the Will of the late Stephen Girard," respectfully report:

That having carefully and deliberately considered the matters submitted to them, they have agreed to report at present in part by recommending to Councils, the ex-adoption of the following preamble and resolutions:

The plan referred to and sent herewith, is marked The description, No. 2.

No. 1.

The Houses on Chesnut street, are to be built on the front of the lot fifty feet deep. Piazzas eighteen feet six inches deep-sitting room and kitchen thirty-six feet deep, with bath house attached, the house on each corner to be seventy five feet deep, and kitchens twenty-two feet deep. The front of the first story to be faced with marble agreeable to a model in our possession; to be four stories high, marble cornice, copper roof, with a sufficient rise to carry off the water, and a fancy iron railing at the top on the front and ends returning at the back of the corner houses.

The houses on the centre street are to recede twenty feet from the line of the street, to be four stories high, basement houses, the basement story to be entirely above the ground, main house to be the width of the lot in front, and forty feet deep-Piazzas seventeen feet six inches deep; there is to be a marble wall on the line of the street, returning on Eleventh and 'Twelfth streets, also to form a division between the houses with a fancy iron railing on said wall. The cornices of these houses is intended to be similar to those usually put on Mr. Girard's houses, copper roof, with an elevation sufficient to carry off the water.

The buildings on Market street are intended entirely for stores, to be built the width of the lot in front and sixty feet deep, with an area in the rear to give light to the cellar; to be four stories high, copper roof, with elevation sufficient to carry off the water, cornice to be the same as on the houses in the middle street, to be made fire proof.

The whole of the above work to be done with the very best materials, and the workmanship done in the very best manner.

The following are the names of the workmen employed by Mr. Girard to do the above work:

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VOL. IX.

Whereas, the Executors of the last Will of Stephen Girard, deceased, have delivered to the constituted authorities of the city of Philadelphia, a rent roll or list of certain real estate, in the city and the liberties thereof, constituting a part of the residuary estate devised by the said testator to the Mayor, Aldermen and Citizens of Philadelphia, in trust for the uses declared in his Will: and whereas, until such permanent arrangements as the of Philadelphia respecting the devises and bequests of testator contemplated, shall have been made by the city the said testator to the said city, it is necessary to adopt temporary but efficient measures: therefore, be, and he is hereby authorised and requested, to take Resolved, that the Mayor of the city of Philadelphia charge of the real estate described in the said rent roll, him, to notify the tenants of such parts thereof as are unor such other rent roll as may be hereafter delivered to der rent, of their future liability to the city of Philadel phia-and to let such parts thereof as are now unoccupied to good and sufficient tenants, on reasonable rents, for any term, not exceeding one year.

Resolved, that the Executors of the late Stephen Giotherwise directed by the constituted authorities of the rard's will, shall be and they are hereby authorised, until city of Philadelphia to hold and occupy free of rent such parts of the real estate of the said testator, as were in his use and occupation, in the prosecution of his business, at the time of his decease.

authorised aud directed, Resolved, that the city treasurer be and he is hereby

First-To receive from the Executors of the last will of the late Stephen Girard, such deeds and muniments of title for the estate devised to the city of Philadelphia, by the said testator as the said Executors shall deliver to him, and to give them receipts for the same in the name of the Mayor, Aldermen and citizens of Philadelphia.

Second-To receive and collect all monies due and becoming due to the city of Philadelphia, as rents for the real estate described in the above mentioned rent roll, or such other rent roll as may be hereafter delivered, and to give receipts for the same in the name of the Mayor, Aldermen and citizens of Philadelphia.

Third-To keep in a book or books to be provided for the purpose, exact entries of all monies received, so that the same may be transferred to such officer or Board of Directors as may hereafter be appointed to have the charge of the Girard Fund.

Fourth--To deposit in bank, in the names of the Mayor and Treasurer of the city of Philadelphia, jointly, all such monies as shall be received aforesaid, that the said monies shall be kept distinctly, and not mingled with any others, and that they may be transferred to those who may be hereafter appointed to have the care and custody thereof."

Mr. DUANE moved to proceed to the consideration of the resolutions attached to the report, when Mr. Groves moved to postpone the consideration for the purpose of having them printed-the yeas and nays were called on

Mr. PETITT, as chairman of the committee on the re- the postponement, and were yeas, Groves, Neff, Pettit

6

.

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and Worrell-4. Nays, Duane, Johnson, Lippincott, Massey, Scott and Toland-6, and so it was lost. The resolutions were then adopted by both Councils.

Mr. DUANE as chairman of the Watering Committee, made the annual report which was ordered to be printed.

Mr. JOHNSON offered the following resolution which was adopted.

Resolved, that the president and clerks of Councils, be directed to transmit to the speakers of the senate and house of representatives of this commonwealth, certified copies of the will of S. G., together with a letter stating the existence of a committee upon this subject, and the intention of Councils to make further communi

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Schedule of the real estate of Stephen Girard, not under rent and not heretofore returned to Councils. A lot of ground on the east side of Fifth street, between Market and Chesnut streets, north of the pro

cations as soon as they shall have formed an opinion up-perty occupied by Mr. Sully and south of Mr. Sheaff's property. Mr Sully has the use of this lot for a garden. on the character of the Laws which it may be necessary A lot of ground back of the property occupied by Mr. to ask for in order to carry the provisions of the will in- Sully, and of Mr. Blake's property, entrance to which, is under the arch-way.

to effect.

The Treasurer made his annual report.

COMMON COUNCIL.-Mr. OLDENBURG offered the following resolution, which was adopted by the Common Council, but was was laid on the table in the Select Council.

Whereas, several individuals have at different times made bequests to the Mayor, Aldermen and citizens of Philadelphia, in trust for certain purposes, which are more particularly expressed in the wills of the several testators, amongst whom are Dr. Benjamin Franklin, John Scott, of Edinburgh; Elias Boudinot, James Wills, and recently, Stephen Girard, together with some others; and it being desirable that each member of Council should be fully informed on the subject:

Therefore Resolved, by the Select and Common Councils, that the clerks of Councils be, and they are hereby directed to have 300 copies of the Wills, or so much thereof, as the city may be interested in, of all the individuals except the will of the late Stephen Girard, which they are directed to purchase of the edition already published, who have made any bequest to them in trust or otherwise, and to have the whole printed in pamphlet form, for the use of Councils, and charge the expense thereof to appropriation No. 21.

Mr. CORNELIUS STEVENSON, was unanimously re-elected Treasurer of the city for the ensuing year. Councils adjourned to meet on Saturday evening

next.

SATURDAY, January 14th, 1832.

A lot of ground on the north side of Jones' alley, on which is erected a building used as a carpenter's shop by Mr. Joseph Smith; held under a lease during the minority of Charles H. Bell at $45 per annum, and the

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To the President of the Select and Common Councils.
Gentlemen-I present a third communication from
the Executors of Stephen Girard, with a further de-
scription of real estate, and referring to considerations
connected therewith, all of which is respectfully sub-
mitted.
Very respectfully, Yours,
B. W.RICHARDS.
PHILADELPHIA, January 14th, 1832.
Sir-The Executors of the will of Stephen Girard,
respectfully present, through you, to the Select and
Coinmon Councils of this city, a third description of
certain real estate, of which the testator died seized;
and, in order that the destination of a part of that pro-
perty may become the subject of consideration, they
make known to Councils the dates of the several
purchases, made by the testator, subsequently to the
last republication of his will, namely, the 20th of June,

1831.

Whenever the Executors shall have any other information which it may be their duty to communicate,

A ground rent of $25 60 per annum, payable by Philip Smith, out of a lot of ground in Spruce street between Third and Fourth streets, due 25th March and September, in every year, per deed of this date,

A house and lot on the north side of Coates' street, west of Sixth street, per deed of this date,

A lot of ground on the N. E corner of Coates' and Johu streets, per deed of this date,

DOLLS. CTS,

10,666 67

6,659 81

569 74

3,000 00

1,800 00

Do. 4. A house and lot in south Third street, No. 48, per deed of this date, 12,000 00 Dec. 1. A messuage and lot of ground in

Passyunk township, having a front on Schuylkill, per deed of this date, 3,000 00 Do. 21. Stores, wharf and dock in north

Do. 26.

Water street, between Market and
Arch streets, late Stiles' estate,
deed dated this day, taken subject
to a mortgage for $21,000, residue
paid,

A lot of ground in Schuylkill
county, near Mount Carbon, on the
river Schuylkill, intended for land-
ings, per deed dated-instant,

Deduct,

24,222 33

4,500 00

67,273 16

854 61

$66,419 55

Mr. DUANE offered the annexed resolution relative to the articles of agreement with the commissioners of Moyamensing for the supply of Schuylkill water, which was adopted by both Councils.

Resolved, that the articles of agreement, éntered

into on the sixth of January, 1832, between the Mayor, Aldermen and Citizens of Philadelphia, of the one part, and the inhabitants of the township of Moyamensing, of the other part, be and they are hereby approved of and confirmed.

Mr. DUANE as chairman of the committee on Wills' Legacy, made the following report and resolution, which were agreed to.

The committee appointed on Wills' Legacy, report: that after mature deliberation, they have agreed to the plan herewith submitted, as drawn by Thomas U. Walter, and are of opinion that it will be most prudent at present to erect a central building only to be seventy feet front, by fifty feet in depth, th basement story to be arched with bricks, the floor of the first story to be elevated seven feet above the pavement, and the ceiling fifteen feet in height. The second story to be twelve feet, and the whole of the main building to be covered with a copper roof The south front to have a piazza its whole length, and twelve feet in width. The north front to have a portico, as per plan.

The kitchen, two dining rooms, and other small rooms, will be in the basement story.

The first story will contain a chapel, apartments for the keepers, and accommodations for eighteen inmates. The second story will contain chambers sufficient to accommodate thirty-two inmates.

The stairs throughout to be made of granite, and the pilasters of the same material.

The outside walls to be built of stone and roughcast; the partitions to be bricks.

The whole expense of the building as estimated by Mr. Walter, amounts to sixteen thousand dollars.

Resolved, that the committee be authorised to make contracts to carry the plan into effect as above specified. Mr. DOANE offered the annexed resolution, which 'was adopted.

Resolved, that the Presidents of Councils be and they are hereby requested to address letters, one to the guardians of the poor, and another to the commissioners for erecting buildings for the accommodation of the poor, requesting them to furnish to the Select and Common Councils of the city of Philadelphia, a statement of the sum expended in constructing the buildings on the west side of Schuylkill, and of the sum deemed necessary for the completion thereof.

COMMON COUNCIL.-Mr. Hoon from the committee on markets, made the following report and resolution which were agreed to.

The committee on markets, to whom was referred the Victuallers' petition, on the 24th Nov. 1831, report, That they are of opinion that the new ordinances which will shortly go into operation, will in a great degree, meet the requests of said petitioners, and afford them all necessary protection.

They therefore submit the following resolution: Resolved, that the committee be discharged from the further consideration of said petitioners.

The annexed communication from the trustees of Stephen Girard's bank, was received, and referred to the committee on that subject.

PHILADELPHIA, 14th January, 1832. James Page, Esq. President of the Common Council. SIR-I am instructed by the trustees of Stephen Girard's bank to inform you, that there are several real estates belonging to the estate of Stephen Girard, Esq. which stand on the books of his bank as part of the capital stock thereof. That there are circumstances connected with some of this property, which in the opinion of the trustees, will require early attention; and they respectfully submit to the consideration of Councils, the propriety of appointing a committee to receive from them such information on the subject as the trustees now have it in their power to give.

I am, with great respect, ROBERT WALN, Chairman of the Board of Trustees of S. Girard's Bank. Philadelphia Gazette.

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City and County of Philadelphia.

1st Brigade-City. Colonels James Page, Joseph S. Riley, Henry Simpson. Robert M. Lee,† Robert Cooper, Majors Chalkley Baker, Peter Fritz, William C. Browne,† Lieut. George Bumm.†

2d BRIGADE County. Cols. John Thompson,† John L. Wolf,t A. L. Roumfort,† Kenderton Smith,† Majors N. Nathans, L. Bomeisler,† Franklin Vansant, Captains Joseph Worrell, jr. A. T. Smith,† Lieut. James Goodman.

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13th

14th

Lycoming, Potter, M'Kean, Bradford and Tioga. 1st BRIGADE-Lycoming. Gen William B. Mitchell, Major Robert Fleming, Capt. Wm. Piatt.

TENTH DIVISION.

Centre, Clearfield, Mifflin and Huntingdon. Juniata. Col. Wm. Kirk, Capt. John Murphy, Andrew Parker, Charles W. Kelso, Esqs. Major William Sharon.

Huntingdon. Capt. John Criswell, Major David McMurtrie, Capts. William Williams, David Snare.

1st BRIGADE-Centre. Brig. Gen. James Irwin,† Col. Col. Andrew Gregg,† Major John Potter, Capt. Saml. H. Wilson, Lieut. W. W. Houston, Dr. Constant Curtin, Capts. George Buchanan, David Duncan.

Miflin. Brigadier General George McCullough, Dr. Joseph B. Ard, Majors A. S. Wilson,† David Cummins,

Richard Miles.

ELEVENTH DIVISION.

Cumberland, Perry and Franklin, 1st BRIGADE-Cumberland. General Willis Foulke, Captains Samuel Alexander, James M'Gowan,† John M'Cartney, Charles M'Clure, Lieuts Matthew Spencer, Edward M. Biddle, Alexander Oliver, William S. Ramsey, Adjutant John N Gray, Cols. William M. Greer, William Stough, Majors Peter Lesher,† Samuel Tritt, John M'Candlish, Captains Geo. W. Woodburn, Samuel Redett.

Perry. Cols. Henry Fetter, Joseph Speck, Major William Clark, Lieut. Albert C. Ramsey.

2d BRIGADE-Franklin. Major Jacob Heck, Capts. Jasper E. Brady, William B. Bard, Cols. John Wallace, John M'Geehan,

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Mr. Page,

Davis,

Price,

Hambright,

Miller, of Adams,
Roberts,

Fogle,
Paxton,
Fleming,
Williams,

M'Clure,

Downing,

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President-JOHN B. ALEXANDER, of Westmorel❜d. Vice Presidents-WM. B. MITCHELL, of Lycoming,

WILLIAM DOWNEY, of Lancaster, WILLIS FOULKE, of Cumberland, and SAMUEL A. PRICE, of Delaware. Secretaries-Simpson Torbert, of Bucks, and Walter S. Franklin, of Dauphin.

A motion was made,

That the report of the committee be adopted.
Which was agreed to unanimously.

The several officers of the convention then took their seats.

Mr. Davis announced that Dr. Huston Thompson had been appointed to supply a vacancy in the delegation from the 1st Brigade, 2d Division.

A resolution was then offered by Mr. Miller, which was read as follows:

Resolved, that no division or county be allowed more votes in this convention than their respective votes by members in the legislature, but that the members elected or nominated and accepted, be allowed seats in the convention.

The chair decided that the resolution was out of order. An appeal from the decision of the chair was made by Mr. Miller and Mr. Simpson, and the decision of the chair was confirmed by the convention.

On motion of Mr. Roberts, Resolved, that the editors of papers in this place be admitted to seats within the bar of this convention. On motion of Mr. Alexander, of Cumberland, Resolved, that a committee to consist of one from each division be appointed to suggest such matters as are most deserving of attention from this convention.

Which was agreed to.

The following gentlemen were selected by the dele gates from each division, as said committee.

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The following resolution was adopted: Resolved, that the convention adopt for their government, the rules and regulations adopted by the house of representatives of this state.

Mr. Riley, from the committee appointed to invite the governor, heads of department, state treasurer, and the members of the senate and house of representatives, to take seats within the bar of the convention, reported that they had performed that service.

On motion of Mr. Miller, of Adams, The foregoing committee were instructed to extend the invitation to the attorney general of the commonwealth.

After some time, the governor, heads of department, state treasurer, and attorney general, took their seats. A motion was made by Mr. Ramsey and Mr. Wells, To reconsider the vote agreeing to the resolution, adopting the rules and regulations of the house of representatives of this state, for the government of the

convention,

Which was not agreed to.

Mr. Page, from the committee on the subject, made the following report, in part.

That inasmuch as it is universally conceded, that the present militia system has fallen far short of the grand object for which it was established, and has entailed much ignominy and disgrace upon our military reputation; we deem it expedient that it should be made the subject of amendment, reformation or encouragement, as will best answer the purpose of reclaiming its character from the obloquy which it has incurred. In an examination of the various plans suggested, the committee have been actuated by a strong and earnest desire to select that which may be the means of adding to the strength and character of the state, and of rendering the performance of duty on the part of its citizen soldiers a matter of pleasure and pride.

Fifth. That the second class ought not to be required to do military duty, except when called forth to execute the laws, to suppress insurrections, and to repel invasions, and then such organization ought to be adopted, as should unite the two classes into one.

Sixth. That all parades of ununiformed militia ought

to be abolished.

Seventh. That the first class be required to uniform themselves; that they be furnished with arms and accoutrements, camp equipage, music, powder, and five days rations in each year, and be required to parade for drill and instruction, five days in each year.

Eighth. The committee, by reason of the peculiar locality of the first division, recommend that the convention refer to the delegates from that division, to prepare and report a system suitable to that division, so far as it is necessary the same should vary from the general system. The first resolution being under consideration, A motion was made by Mr. Merrill,

To postpone the question on the first resolution, for the purpose of considering the 8th resolution, Which was agreed to; and

Said resolution was adopted.

The question recurring on the first resolution,
It was adopted.

The second resolution being under consideration,
A motion was made by Mr. Miller, of Adams,
To postpone the further consideration of the report,
for the purpose of considering the following resolution:
Resolved, that the committee be instructed to report
a plan, for the better organization and encouragement
of the present volunteer force, and that they be a sepa-
rate force from the enrolled militia; and that parades of
the militia be abolished, but they to be enrolled, offi-
cered, and classed for service, if required by any con-
tingency.

Which was not agreed to.

A motion was then made by Mr. Frick,

To amend the resolution, by striking out "twentysix," and inserting in lieu thereof "twenty-eight." On the question,

Will the convention agree to the motion?

A motion was made by Mr. Wilson,

That the convention now adjourn, to meet this afternoon at 3 o'clock,

Which was agreed to.

AFTERNOON.

Captain John Longenecker, and Henry D. Overholtzer, Esq. having been appointed by the delegates from the 4th division, to fill the vacancies occasioned by the non attendance of Captains Flora and Yetter, appeared and took their seats.

The following resolution was offered by Mr. Staub: Resolved, that where vacancies may have occurred, by the non-attendance of delegates from any brigade, the delegates in attendance have authority to supply the vacancy;

Which was not agreed to.

Not authorized by the tenor of the resolution by which they were appointed, to do more than draw the atten- The convention resumed the consideration of the tion of the convention to such matters as may be neces-resolutions attached to the report of the committee apsary for their examination, they respectfully offer the pointed to suggest to the convention such matters as following principles as the basis of a system, to be re- deserved their immediate attention. commended to the early and serious attention of the legislature.

First. That the citizens of this commonwealth, liable to militia duty, ought to be divided into two classes. Second. That all such citizens (not by law exempt) between the ages of twenty-one and twenty-six years, ought to compose the first class, and be called the Active Militia.

The question recurring,

Will the convention agree to the amendment, to strike out "twenty-six "and insert "twenty eight." It was determined in the negative.

A motion was then made by Mr. Davis,

To strike out the words "between the ages of twentyone and twenty-six," and inserted in lieu thereof, "as will uniform themselves voluntarily according to law."

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