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Pennsylvania Legislature.
SENATE.
MONDAY, Feb. 25, 1861.
The Senate met at 3 o'clock, P. M. Opening
prayer by Rev. Mr. Kamm, of Philadelphia.
The Journabi of Friday were read. •
rearms or swamis° '
_ .
Mr. IMBRIE, (Election Districts,) ab, com
mitted, an Act to change the place of holding
elections in Sidsbury township, Chester county:
Mr. CRAWFORD, (same,) as committed,
House bill No. 226, a supplement to 'the Act to
extend the limits of the borough of Prompton,
Wayne county.
Mr. IRISH, (Private Clairra and Damages,
as committed, House bill' No, 266; entitled. "an
Act to compensate ileorge Jordon for injuries
sustained in the public service:"
Mr. HALL, (Estates and Escheats,) as com
mitted,' an Act to authorize the sale of the
Walnut Hill school property, in the late town
ship of liybary, 28d ward of the city of Phila
delphia.
BILLS READ IN PLACE
Mr. NICHOLS read in place,a further supple
ment to the Act to perfect the charter. of the
Samaritan Benefinial Society ;of
Referred to the Committee on Corporations.
Mr. CONNELL, an Act to authorize the"erec
tion of a free bridge over the river. Schuylkill
at South street in the city of Philadelphia.
Referred to the Committee on 'Roads and
Bridges.
Mr. GREGG, an Act to incorporate the Bald
Eagle Valley Railroad company.
iteferred to the Committee on Bei!roads.
Also, an Act regulating election districts in
Lycoming county.
Referred to the COmmittee on Election Dis
tricts.
Mr. PENNEY, a supplement to an Act incor
porating the Monongahela water compitty.,
Referred to the Committee on Corporations.
Also, an Act relative to voluntary deeds of
trust.
Referred to the Committee on the Judiciary.
Also, an Act for the relief of the heirs of 'St.
Clair Detiney, deceased.
Referred to the Committee on Private Claims,
&c.
Mr. IMBRIE, an Act for the more efficient
collection of debts due the Commonwealth..
Referred to the Committee•on Finance.
Mr. BENSON, an Act for the collection of
additional' taxes in Homer township, Potter
county.
Referred to the Committee on the Judiciary.
Mr. IRISH, an Act for the removal of a toll
gate of the Lawrenceville and Sharpesburg
Plank Road company, from the borough of
Lawrenceville.
Referred to the Committee on goads, Bridges
and Canals.
Mr. FULLE,R,,an Act to change the name
of Mary Atli Margaret Eighen.
Referred to the Committee on the Judiciary.
Mr. HIESTAND, an Act to incorporate the
Oxford and Peach Bottom Railroad company.
Referred to the Committee on Railroads
Mr. WHARTON, a further supplement to
the Act ki incorporate the Bedford Mineral
Spring Association.
Referred to the Committee on Corporations.
Mr. SMITH, a further,supplement to the Act
incorporating the city of Philadelphia. -
Referred to the Committee on the Judiciary.
The Deputy Secretary of Comraonwealth
being introduced, presented a message from the
Governor, with accompanying documents.
ORIGINAL RESOLITTIONS
Mr. DEBBIE offered the following resolution,
which was twice read :
"Resolved, That, if the House of Representa
tives concur, the Clerks of the Senate and
House be directed to prepare and have printed
for the use of the Legislature twenty thousand
copies of the proceedings of the celebration of
Washington's birthday at Harrisburg, and
Washington's Farewell Address, the addresses
to and replies of President Lincoln, and the or
ders of the day."
Mr. WELSH. I move to strike out the word
"twenty," before the word. "thousand," and
insert "ten" in lien thereof.
Mr. PENNEY. I suppose that the difference
in the amount of cost between ten and twenty
thousand will bo -very small. ' The number
named is designed to supply both Houses.
Mr. CONNELL. Under the resolution, as
originally proposed, I would not get half as
many as I need of those documents.
On the question,
Will the Senate agree to amend as proposed?
The yeas and nays were required by Mr.-
WELSH and Mr. IMI3RIE, and were asfollOws,
viz:
INAS —Messrs. Clymer, Hamilton, Mott and
Welsh-4. ,
NaTs---lifessis. Benson, Blood, Bound, Con
nell, Crawford, Finney, Fuller, Hiestand,.
brie, Ketcham, Landon, Lawrence, M'Clure
Nichols, Parker, Penney, Robinson, Serrill
Smith, Thompson, Wharton, Yardley and Pal
mer—Speaker-28.
So the question was determined in the nega
tive.
The question recurring on the original reso
lution,
It was agreed to. _
BEELIKE MR THE PEOPLE OF KANSAS.
The SPEAKER laid before the Senate a mes
sage from the Governor, transmitting comm.:
nications received from the Legislature of Kan
sas territory; which were read.
On motion of Mr. PENNEY, the same were
ordered to be printed in the .Record.
Mr. EIESTAND, on leave being given,
presented a petition of citizens of Upper Lea
cock township, Lancaster county, praying for
an appropriation teith - diriffrriiig people of ran
us, which was also ordered to be -published in
the Record, as follows :
lb the Legislature of Transylvania
The undersigned, inhabitants of Upper
Lea
cock and East Larnpeter townships, in Lerma,
ter county, respectfully petition, that, in view
of the urgent and immediate wants of our fel
low countrymenli E" . . sae, so pressing, as ,to
prevent, in a measure, the slow relief of private
subscriptions, you will be pleased to make a
speedy appropriation for their benefit, Suited to
the wants of the suffering multitude, and .to
the means of the great State of PermsylVania.
Referred to the Finance Committee.
sascrioN oa Puma) BUILDINGS IN PHILADELPHIA.
Mr. SMITE, on leave, presented a remon
strance of citizens of Philadelphia, against the
passage of an Act for the erection of new pub
lic buildings in the city of Philadelphia.
Mr. SMITH.
I ask, in order that justice may
be done to the gentlemen remonstrating against
the passage of the bill alluded to, that the re
monstrance be read.
The paper prat; then,read by the Clerk, and
laid on the table. •
Mr. NICHoLS on leaire, presented a petition
foitizens of Philadelphia, praying for the pas-
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VOL. XIV.
sage of the bill providing for the erection of
new public buildings in the city of Philadel
phia.
Laid on the table.
Mr. WELSH,
.on leave, presented two remon
strances of eitizoigt of, Philadelphia,: against the
passage of the bill providing for the erection of
new public buildings in the city of Philadel
phia.
Laid on the table.
Mr. CRAWFORD, on leave, presented a pe
tition of similar import, asking for the passage
of said bill.
Laid on the table.
Mr. CONNE.T.L r im leave, presented a copy Of
the resolutions adopted by the,City Councils of
Philadelphia, rolatixe to , passage-of the bill
providing for the erection of new public build
ings in the city of Philadelphia.: -
The resolutions were, read by : the Clerk.
On motion of Mr. SMfilji the . Senate pro
ceeded to the consideration of Senate bill No.
70, entitled "a supplement - to an Act to provide
for the erection of public' buildings in the city
Philadelphia, approved April:2fid,lB6o," which
Was upon second reading.
The first section of tile bill was read aslol
owS
Sacrum 1. Be it enacted by the Benateand House
Representatives of the Corinna:wealth of Pennsyl
vania, in General Asembly' met, and it is hereby en
acted by the authority of the same, That Alexan
der Henry, Theodore G l uier, Charles B. Trego,
George M. Stroud, Oswald . Thompson, Joseph
Allison and James R. Ludlow, the commission
ers who have entered upon the discharge of the
duties, prescribed : by the. Act to which this is
supplementary, be, and they are hereby con
firmed in their said office, and further, , that
they be, and are hereby authorized and rected
to continue in the discharge of their said office
until the duties prescribed`by this Act, and the
Act to' which this is a supplement, shall be com
pleted, and the buildings provided for by the
same are completed and furnished ready for ac
tual occupancy, by the several. Courts and pub
lic offices of the city and county .of Philadelphia.
Mr. PENNEY. If the Senator from Phila
delphia has any speech to make on the bill I
should like to hear it now. '
Mr. SMITH. I" do not propose to make a
speech. I made a lengthy speech when this
bill was considered in Committee of the
WhOle, some days agd. l will remark now that
it is necessary , in order,to. keep alive an Act of
the Legislature, passed ast session, with much
unanimity, providing for the erection of public
buildings.
Some, difficulty was thrown in the way of the
erection of the public buildings in Philadelphia,
by persons who were anxious to have them
located on any. other site than :that now
occupied by the public buildings •in that
city. The question was *lento the Supreme.
Court of the State where a' deCision .was given
in favor of the bill generally. But this con
struction was given to that Act, that it requiv
cd the `assent of Councils to confirnithe_action
of the elOnatilmturiirs.co nstruction
destroyed the Act itself—all the Legislature
and the Commissioners had done, under that
Act. The City Councils have, for the last
twenty-five years, successfully resisted every
effort for the erection of public buildings, uni
versally acknowledged to be so'much needed in
that city. I need:not say to any person Who
has visited the city, of Philadelphia that we re
quire new public buildings. I need not say to
any Senator on this 'floor who has ever seen
public buildings, "that there is not one county,
in the State which is not better supplied
in this particular than that which I, in - part,
represent. Those councils' baveleen for twen
ty-five years engaged in, a Consideration of this
question. We have never yet 'succeeded in
making any public improvement of this charac
ter without the passage of a bill similar to the
one now before us. In the project for the erec
tion of our county prison, after a contention of
years, it was necessary for the Legislature to
take the matter in band, and appoint Commis
sioners for the purpose of carrying-out-a speci
fied pl:at. If that had notbeen done, we would
still have•had one of the county jail; locatea at
Sixth and Walnut Streets, and the other at
Broad and Arch streets.
Owing to the preference of the people residing
in different Parts of the city with regard to a
location of the now buildings, the city councils
have been unable to fx upon any one site. The
common council would agree to the location of
the buildings at. a certain place, but the select
councils stand in the way. I have done all that
I can in order to allow the ()Notation to this
bill to be heard, and have presented every me
morial received by myself front those persons
who remonstrate against its passage. In every
instance when we have asked whether councils
would act hi the matter, should we consent to
lay thisi bill over, we have been answered in an
evasive manner. They say, "we object to the
doing of the work ; we will not do it ourselves,
nor will we, allovi you to do it. The people, of
Philadelphia are in favor of the . erection
of these public buildings upon the site designsted in the Act;of Assembly passed last year ,and
they are in fiver, of every measure' calculated
to promote its - success, and hope that a bill will
be passe' here which will not allow councils:to
embarrasi the erection of those buildings so
much needed in that, city." Why, Mr. Speaker,
our Court houses are so contracted that it is 017
most impossible for any,man to, have &fair trial
in those Coints. They are" mall rooms, scarcely
forty by forty feet, in which our Courts of
justice are required to sit—not one-third ,the,
size of this Senate, as my colleague (Mr. Nice
ors) remarks—in which witnesses, jurorsiplaint
iffs, defendants and lawyers are required to
sit together, because there is no place of ac
commodation for them. I say here now, that
there is'not one county in the State with so
mean accommodations for public offices as our
own. We will never get these buildings unless
the Legislature provides for their erection. I
would not willingly
run COUnter.. to the judg
merit and general feeling of my constituency,
and if I knew that this Act would be unpopu
lar in the city of Philadelphia, I would not ask
for its Peseage; but I, know to the contrary.
There have been objections made to the passage
of the bill by persons living in the locality of
Independence Hall. These ...objections come.
fA4n2 fossilated lawyers, who were born and
have lived in that neighborhood, 'from tavern
keepers and from the Public Ledge.
Mr. PENNEY. Ido not wish to be upder
stood as objecting to the bill if" the Senators
from Philadelphia, and the people of that city,
desire its passage. I think, however, it contains
an extraordinary provision.
Mr. CONNP.T , L. I have to, differ.with my
colleague (Mr. SMmI). While,_l adinit the ne
cessity for the trectiMi of thesebtadings, in or
der to provide fiCco - min - Odatiouty Jos:, our;courts,
juries and witnesses, _
are entirely insuffi
cient, and:while I admit that. !entertain the
highest cenfidatice in !Au , commission who
have awarded thCOutrait lil'Axtlikos`
well as in that gentlemanl' for his skill Bs ail .
architect' and the sufficiency of his plan, yet, in
obedience to what I consider to be the public
"INDEPENDENT IN ALL THINGS-NEUTRAL IN NONE."
HARRISBURG, PA.. WEDNESDAY AFTERNOON, FEBRUARY 27, 1861.
sentiment of Philadelphia, I must oppose -this
bill. When it was printed I sent about seventy
five copies, and subsequently twenty-fiver more,
making one hundred, to some of the leading
men in my district.
,:When I received any answer, it was a very
decided instruction for me to_ oppose this bill.
I know of, but one gentleman throughout the
whole of my senatorial district, out of the nine
thousand voters who cast their suffrages for me,
who has asked me to vote for this bill. lam
not here to carry out my own views of expediency
but the will of the people. lam the represents
tive of residents of the rural districts, the owil
ers of brOad lands, and they have asked nie to,
oppose the bill. I have received a large num
ber of letters, one of which I will read to the
Senate. It is as follows :
Efmroxvrus, Feb. 4, 1861.
GEO. CONNELL, Esq., Senator.
Dear Sir: We haveseepherewithienneaurprise
thatyour honorable bodyis abouttoacoammodate
the lawyers of our city with a magnificentcourti
House and public offioes, eilhe - triflini cost - of
a million and a half of money; without even so
mochas saying to us,"byyourleaye; sirs." Nay,
more, that you intend to lock up in jail instant
er, any of our city officials who shall say "no,"
or dare oppose any obstacle to your decree.
We admire your.assurance, or .if the word be .
not deemed offensive,. the sublime impudence cf
the act,andifyouestablislitlie - piebellint.bYlidi6r-:
bag through the projectedmeasureAwebeg leave
to suggest to you as our finmediate Representa
tive, that as soon as the policy.(if Legialstiie
usurpation is inaugurated, you should proceed
to develope it more fully and to its broadest
extent.
Badly as the lawYers wanted the new Court
House, (and we sPopose the sympathy of the
members of that learned and useful profession
in your body will go far to' induce them to' vote
their distressed brethren that house,) our chil
dren need school houses still:More. , You your
know.the wretched condition of our school
shanties in this village, as you interested your:
self to procure an appropriatibn 'frdni Councils
for the erection of a suitable • bitilding 'for :the
schools of this neighbohood. Our Primary
School,...you may remember, is situated at a
street crossing, where there is great danger .of
the children being injured by passing - Vehicle's,
while their small play ground is tjiree fourths
of the year under water. Our neighborhood is
rapidly becoming densely populated. The
crowded state of our school rooms in many parts
of our city, makes them breeders of Pestilence.
Verily, it is "the slaughter of the innocents."
We have appealed to. Councils vain for
years pait. Our own members from this.ward
have coaxed and begged, without success. , -The
rural wards are always snubbed and out voted.
They pay their fair proportion ofthe•• heavy
taxes, .but in the appropriations the - non share
is always gobbled. up by the hungry crowd - Who
hill from - the middle and lower part'a the
Now we think that if the lawyers of the
Quarter Sessions and their clients .. ,:Whis enrich
them, are... C o —lie provideirstrairianlYWitli - gor
geous palaces,the youthitd ! - Clulit" - . .itrand. the
large and industrious and intelligent class en
geged in teaching, have at least equally strong
claims upon. you for similar legislation. There
fore, we say up here, go it!'
Bring in a bill and make commissioners
build schriol hones wherever needed. through ,
out all the county away up to the Bucks county
line ! A million of dollars, or. more, - ,could'he r
Well spent for this purpose. Fashion your bill
on Senator Smith's pattern, only. more .so!
the bonds will not sell, force xriaterjal-men and
workrnen to take them, just se your . preidecesi-'
sore in. 1780 made the Continental currency pay
for butter and eggs, and- punished the Simple_
fanner whovins green enough todernanditiecre:
Go it strong, for strong legislation is the . 4r4ir
of the day. When the schoolihonsel commis- ,
sion is started, get up another to build bridges
over the Schuylkill and Delaware. Take 'the
Chestnut Street bridge out of the hands, ef ,
Councils. They have been already as long
bungling over the job as Jacob served for each
of his wives. We must have more bridged; Say
ten over the Schuylkill at an average cost, of
$260,000 each, and one over the Delaware, say
half -a million more, making the round
$8,000,000 in all—a small sum 'when we con-
ider. how easily the bends can be numufec
sured, more espechdly nowthat yourhonorable
body has incorporated the Engravers' COM
paw, for the express purpose of furnishing; in
the highest style of art, and in unlimited quan
tities, those seductive representatives of*values.
Then that Almshouse must come down !. It
is a nuisance. Clear it out. let palacesdiring .
up where it now frowns in hideous uglintse
. Let a commission move it miles` away;.
din's LUMP will be an old fogy. concern com
pared with the modern invention of commis
awns ; yes, as far behind conunimiothi as the
old fashioned mode of packing salt over the
mountains oh horseback, is surpassed by rush-•
big.trains of the Central Itai.lroad. Go on then
with commissions ! Louis Napelenniie
delphia , Make
_her ;the - llans of the _New.
World. 1111 a twelve month. -' "Don't look behind'
—remember Lot's wife--Yon may be petrified..
Don't stop to count the coeitii* yeti'''. brain May
grow dir;zy. Don't strip under fifty millions
additional debt, and if yoncan make it a hun
dred, so much the better. ,
- One word more and I have done, - namely 4
Just.put me on all the commissions, and then I'
shall be Everlastlingly yours.
- 0.00 aorta
8.--In the accomplishment of so many
maznificent projects, 'don't forget to 'remove
the Capitol here. You may recollect we Hes
*liens 1 offered, last -winter, te..ten of
our finestocres for the site.... Our 'timid . Conn-.
cils hesitated about erecting the.. necessary
buildings at 'the expense of the city, andthe.
bill failed. ' Now you haVe — the secret (dew
cess in the magic word- --Bozos I Already we
have a spacious Hotel outhere, well kept and or
derly, where I doubt not those members of pour
honorable body who wish to sleep at night can
do so; which, I hear, is difficult to do in Harris
burg. -
I have gratified my curiosity by referring to
the Act to which my correspondent; alludes.
will read it. It was passed in 1789
16 Wharear, - the - practice of buying al:Kr:selling
the necessaries 'of. life and other commodities
withhard money, or specie,_is tine"of the means
of depreciating the continental bills of credit
"Be it therebre enacted, !That, from and after
the passing of this Act, .no person or per Sons
whatsoever,,Aiithin this; Commonwealth, sball
buy or sell, or offer to buy or sell, any of the
necessaries:of life or other commodities, ,with'
or for hard money ; and if any person shall be
connoted of hiving- or selling- or 911042 - to
buy and, sell, any merchandise,- commoliitieai ,
or:any of the.necessaries of life, ofr,...jeuting of
houses or lands, for Wird ipurley‘, 4 ' i eigirlo
this Act, he or Ow so offending, shall forfeit
ppyi for the use of thiii-state ; pourids;
and the value of the things so bought, or of
fered to be bought for =chitin/A or lands."
It is very similar to - olieeflthe sections'of the
bill proixsecill
Mr.Spea_ket4heritlitth*leattUir.tu'end?
have read thia letter' because I - COnaidered it to
be pregnant with - meaning, - or as Senator Ben
ton once said of '
.a clause in Judge_ ,Douglas'
Kansas Nebraska bill, "it has a speech in its
belly." If we take the step proposed by this
Act, it will be followed up by others. There is
the same necessity for others as for this. In
regard.to the.biß oflad:session I have-only_ to
say. that it has already produced-hopeful action
in our Coulicils; onliharice has' ragged each
branch of that body-in relation to the subject,
though it has been impossible to obtr.M. nu en
tire agreement in regardtO the cost of those
new huildings ; • one branch apprepriating the
sum :of four hundred thousand .dollars, the
other a, larger' amount.- pnij' love full confi
dence that Councili will surmount this difficult);
and be able to agree - Matter: -A few days
ago We liaised a bill reducing the number of
• ourdoiincil"from ninefy l six, clowniOabont half
: that liiiniber which I have no doubt will prove
• a - wo :Frig bOdy" and will 'do all that the people
want • ,this matter. This, .too, is not the time
to asli. -for the of this bill,whenhalithe
peoPle. 'or Philadelphia' are crying out for the
pastage of a stay law, when embarraannent, ruin
and d is tress per vade the whole community,
when; there is actually $900,000 of city war
-rants imitstanding, With no fundi in the treasu
ry____, no
,incoming. retenne'to provide for them,
We afereqUiled by this bill to create an addi
tional debt of an unlimited amount,
.because, as
the bill now stands, there is no ; limit to the
• amount' to be expended by the passage of this
bill 'At any other tune its intreduction might
be excusable; but now I say it is not.
- I hate beside, Mr. SPeaker . ; an insuperable
objection to this bill. :I take it that as :by. the
First Section of 'Article Ninth of the COnstitii.-
lion; the Legislature is' 'forbidden to impose. a
debt upon the State 'Cif greater amount than
$760,000, ,body ;cannot impose upon the
people of ;anY portion of the Commonwealth a
debt exceeding, hat amecuit. AlthOiigh not in
direct violation e of the letter:it is in, direct con
flict Witlithe spirit of the 'Constitution.
Mr. SMITH. Ilmve lint one word to say in
reply to my colleagne's - remarks. In. the first
! place; vairsny that ;had chosen - to read a
letteron the alibied, 1 worild'hate ditch'inhint
ed between those that were respectfully ad
dreasedto the Senate, and those that were not.
So much for theletter. _
I wi ll r e mark withregard to the prospect fen the
passage of the bill for the erection of pnblip build
ings in the city of .I"qadelpliiit, by theemMella
of that city,' in thee Vent Of a reductibii"cf their
number, that we hg4.1.12. the city of •Thilidel
phia, think, less : Mita" twenty • nierbi)era 'of.
.Councile for the twenty ,years prior to a late
:change in the It has only been with
in thti last six years that the number of niem.-
bera cparilis of Philadelphia ' bLig been 113 7
cretby 'the - `Act` consohdation. , - During
up from e
:the citizens.of P favor of
the eredtiOn of 'nett pubhc buildings As
-long !ago as twenty five the Repple
publiC tiMidings - ori the 'Very spa
now proPeped, as the iocation by the Commis-,
gion. Thg buildings , cann ot be erected by the
douncilti 'of the city. becaus e' it is iinposidide for,
them, ti agree on the Chatter They cone here.
said .us this. The ;
. rnOnbera Councils'
have been here this Winter have invariably
- 01.1 ; w :that that body cannot agree 'on this:Sub-.
jest., TheThe'v ry men who voted in favor Of the
regOlUtiork which bate been read'at the Clerk's
desk hate 'told' us, in this sgnate tharaber,
.r.wheri we proposed to therm to liave this
passed, limiting the expenseof tbb erection of
-the buildings, -(which pro Pose to do by the
third Section); - that the public will ;be satisfied,:
and a matter which it is impoSaible__fortliern
to settle disposed of They . neverWlll give 'us .
public buildings until .thew now in' use tumble
down about their ears. ' Our reenda;
league (Mr.' Comma) lmOws very Well, are in
secure. They ate the records Of two Centuries,
and.
,my colleague does not Irnov ishether;the
Mends of. the property-he, holds , 'are - safe. — It
is universally Admitiedti the - CW:of
- phia, - that nerecords of the' property in that
great "pity: are, secure. , When they Accumulate,
'they are carried-down' into , the Cellar,:inone
department .of are' cellected; the' dogs
captiired by -the 'dog-cat6l.l.o.s''pf eity,'and
in thei.other: the reentletif 'the - City.
"
' he'only queS ion aheut 'which we have any
troriblp'iti that • - tif lo4flon. If it Were ,fixed
upon to be made at old' Independenee &there;
that spot'Orso much interest to the people of
all 'the State, there would be no objection made
to it' by those persons who now object; these
would be'ne'cry here Third street' if agreed
to appropriate;three' r er'four hUndred thousand
dollars to - build:an old' cotton factory on Inde
pendence. Square..
Mr. 'CONNEI,/, Would my colleagVe'rdlPW
me to remind hinf tiu4tlito ppt represent ,the
people of Third street;lnit - those Of `the s itiral.
wards.
Mr. CLYMER:It:I4B F not' been4ny habit,
•Mr. Speaker i du.ipg the short- time I have had
the honor of beinglinieMber of . this body, to
interfere-With /9eza 449cgion, tinder Ordinary.
circumstances. Benaters rePiesenting: districts
mrelhoronghly EMI accuiatelY
wa•
nts anal necessities their own constituents
than others cen`peasibly do. As a general rule
we should be guided by theirWialus and:ideas
in relati94 to matters purely loCal bit, sir,
when we called upon, 1 )3 4 10* vote
to sanction an enactment: whiCh ignores one ,
of the great hindaraental principles of all free
governments, the right of the people to regu
late their awn domestic
.‘ af •s—wherk we are
called upon to deprivea greif citY, powerful;`
_intelligent ana l liberal,
. - (4 ' , the:control bf its
monerand its property, some overshadowing
and ii&essity thorild be shOwn. To
my mind,. sir, hornand edu'catedamobgSta pee
ple tenacious of their personal and municrpal
nightii, the idea . is abhorrent that we - in: this
Senate,Strangers to - tlie'WentS and s neceasi
ties and to the- views and Wishes Of
• , should be'= asked to legislate upon'
a subject of •such vital interest to them, should
be asked Inf4ee upon thn measure • Which
affects rights of 'petson'- and of property-Lthat,
'in fine, We sheilld be calledupon to treat Phila
delphia as a captured--eityrwhoisl•revenuer are
ours to plunder,.whose property js ours, to de
stroy, and whose very liberty exists only in the
breath of ourincitrils; 1' say ; sir, that to me
there is for:nothing' revolting in this attempt. I
look von it as Aeliberate, premeditated op
.pressfon. I denounceit as an act of wrong and
injustice which, established as a precedent, may
carry 'dismay and destructibw• - into any and
'every district represented on this floor.
_ Whether. the city of Philadelphia needs new
public buildings:at is not „for :us 'to inquire,
nor 'fol.= to :decide ..If: her .!owrccitizens,- re- '
preliented lie: her :councils; ,deeril fthat- th 6
sent it,coononeditionsfaie ampleidhat thereon&
AMMO, surely it is no concern of ours. They
alone are interested—they alone are affected.—
If, on the contrary, they have or should decide
that new ones are required, is it for:us to say
where they should be located r' Do you,
Mi. Speaker, does any one:: Senator, saving
perhaps the
them
from the city, (and even
amongst them there is a difference of opinion;)
have a Clear, well-donfirnied opinion as to Where
in all great city the-proposed buildings
should_
lie located? I certainly have no suck
opinion. I have,had no Means uponn which te
base it. It is true, sir, I might, with map _be
fore me, ascertain what is the geopraphical cen
ter of ; Philadelphia might.possibly with the
census returns determine, with some degree of
accuracy,' its center of population; but, sir,
geographidal centers,, centers of population, do
not, with unerring exactness; .determine the
will and Wishei of the people: There are con
siderations of habit, othatom,. convenience and
buSitiess necessity, to" which we are and must, be
strangers:: These are controlling elements in
the question of loeation, before:Which the two
patent facts which - We might possibly ascertain,
sink bite linaignificance. They are elements
which we do not now nor ever, can understand;
and even if we did, we have no earthly right to
decide,loi =the clear, slinple and unanswerable
reason' that it is none of our business. To do so
would be to dead& upon a question which be
longi to; the 'people of Philadelphia alone. It
would beanfusurpation of poWer never contem
plated, which would be discreditable to us as
legislators, and which, if submitted to, would
.humiliate . and degrade. I have, sir . ; the_pleas
ure to knoii Many of Ake _people of that city.
I knoW them to be honorable, high minded and
independent men;Kid, sir, I have much mis
taken their Character, if -they will tamely sub
mit to a yoke which jr:3 not only galling, but.de
grOing: •
Again, suppose, for ,the sake of argument,
that we had thp power,:justly and fairly, inac-.
cordon& with the opinions of a vast majority
of the people of- hiladelPhia, to deterinine the
question of, location, there still remains the
greater enormity, the greater wrong, to be exe
cuted. We, sir, place it in the power of the
commissioners, to be appointed by this bill, to
tax the people of Philadelphia to, the amount of
Millions, if they deemproper. We grant to them
the arbitrary exercise of the most dangerous and
most odious power known to a free peoplethe
right to._, tax without representation. Their
immediate representatives, the councils, have
no power to interfere, ' their taints have no
power to relieve-i-a,free people are bound hand
andiciot., person and property, liythe uncontrol
led and .rinControlable poWer of an irresponsible
commission, constituted by strangers to their
feelings, their views, their wishes and theirin
terests. 'When, the'people of these States'
were colonies and but five times -greater . 1 in
number than thOse now inhabiting. Philadel
phia, they fought a seven yea& "war for IC)
greater .grievanee Of a like nature, than that
threatened:in thiS bill; and. would it bewonder-
'ful if you attempt - to: force AM -descendants of '
those triot- rebels ; a similai yolie that
Ixo-1461,a s Atr-bracr
7 - "'• - I
you arm your_commission4ith -the terrors of
the law ; that you give them power' 'riot Only
over the: property of 4ltepeeple of Philadelphia,
but that you also ciotbeitlion with the terrible
right todepriVe.the 'representritivett of those
people of their . pentorial. liiberty Should they'
disobey .your commands/ Yet, it is also
true.; and:l ask you and the Senate to retrain
her, thatitliepectle arethe bOuteeof all 'power,
all authority;: and that yon canna- coeree Mad
eirslike the free - people free City. They
know theirirights, andl doubt 'not they -11;1_1.1
dare maintain thent. • If they 1 'do not they
would be unworthy of :that 'ancestry
whose blood Courses hi their veirtS:4 To show
that I have not • misinted' or= overdrawn the
feeling of deenindignatilin,mad 'of determined
resistance:to this bill-which exis' ts in the minds
of the people of Philadelphia; Ihave* only to
refei the Senate to the-143110ring :extract from
the last:annual message the Honorable Alex
ander Henry, Mayor of thatcity. '
"Whilst it is 'believed that the erection of
suitable public am be best and most
,
economically effected , . through' & - commission,
and that loxil jetildrudei3 May , long retard . the
faVorable action of Ocenicils,...-the 'direst inter
ference of 'State legialatker. a. Matter fully
within the cogrdzance-and-authotity of the mu
nicipal government, cannot be too strongly re
prehended.
. up
"The power conferred upon the Comm*doners
in the recent 'Act, .by which . they- may add
:whatever sum they Shall diterruine tothe fund
ed debt of the city, and may "reciuire the levy .
of arr.edilitional ;laic to‘ prcivide for tiad interest
and:principal of the loair which, they Shall au
thorize without regard 'to, the : wishes of 'the
community, is dangerous as a precedent, and is
oppretaive as a measure Of goverwnent.'
He, sir, Imam these people Well; he is high
in their confidence and esteem; and this delib-.
errte expreSsiim as to the policy'of this - rocas
; ure shotildnet be t rirdieeded'by this body. He
speaks :for Phladelphia. - I feebly re-echo - his
sentimentS,'ind :t;believe - the sentiments of the
vast majority of' that 'people, when I' enter
my; solemn protest against the paisage, of
this Act. 'Again, ' sir, I cannot divest. my.
mind of the suSpicioti—indeed, sir, I had
*Rost said 'convidion—that this 'whale bill is,
but the transparent veil, which Conceals an
wornpus fib or contract, out ofwhipli`Certabi,w
ilea are to Make vast fortrehm it:the - expense ,of
their fellow. citizens. Di nAntaining this Sus-
Picrion.,Or'eOnviction, I "disclaim any intention
to impugn the integrity or motives , of the ho
norable Senator who has Alie bill'in charge. I
know him toe well aneesteeni: him too highly
even to entertain, any' such opinion ; but, sir,
I fear he is unwittingly; and therefore, I know
unwillingly, serving the -ptirposea of Selfish in
ditidual interest. The whole bill is framed
•
.upon the principle of a close corporation ! unjust
in conception, unfair in detail and wrong in
principle. It strikes at, the very root of self
government; it ignores the great principle of
thei,conomritant rights of taxation and repre
sentation, it endangers, property end threatens
'personal liberty . and'"may serve 'an instru
ment of wrong, injustice and oppre,s - Jdon.
'Mr. SMITH. I rise to explain. I dislike to.
interrupt the Senator'in his speech ; but he has
asserted that the design of this bill is to give
anericiimous job or contract to 'somebody.
That 'assertion applies to I,he very' gentleman
to whom he luis,referred,land,in whom he has
expressed so much confidence, The. gentlemen
named in this bill are Alexander Henry, (who
has been so highly euliigilded in the remarks of
therSeuator from Berks t and in all whose eulogy
I concur;) Theodore CuYier, President of Select
Connell, Charles B. Trego, President of Corn
nnin-Ctsincil, George If Judge of the
District Court of the ,c 1 -of Philadelphia, Os
witid-Thompsen, President, Judge of the. Court
Of ConimorkPleas,'Xoseph Allison and james R.
Lirdlo*, Assaelate Rid& Of that Court. Yew,
will=the Senatorsay that these gentlemen have
been g0t.9.1 0 f. 113 #. Lade! 1 7111 91 1 .4e 3 3 0.-institi,
•tiIdraICEYMER. I int'Ve
most astonishing fact is patent to the people of
this state that one of the Commissioners maned
gttam n 1 art
4 Haying procurel — Steam Power PreMee, we are
prepared to execute JOB d BOOK NUM% of etery
description, cheaper that Itcan be dohe at any other ea
tablishmentin the country.
RATES OF ADVERTISING.
- .OW-Four lines or lees constitute on&halfaquare• Eli
Ikea or more than four constitute a square.
Half Square. one day. .......
• one wee k.. ,,
one month
three menthe 3 00
six months ...... . ........ •• • ••••t 4 o
one year::
Ono Fquare one day 60
4( one week........ 200
,‘ one month . . .. . . 300
three ........ ..... o oo
u six months..... .......... 0 00
One year 10 00
Ittehteee notices inserted in the Lead esieswor
I,o3firo Marriages and Heaths, FIVE Cllns PER LINM
or each.lnaerlion.
NO. 47.
Sir Marriages and Deaths to be charged as regular
advertlaementa:
in this bill asks that this Senate should not
Pais ,it. 'May be that that gentleman has
been overruled in his views of right and' aitice;
and it is a notorious fact to the people of Pidia
.delPhia and to the people of this State, that the
contract foi execting.the buildings.has heen-ap,
proved by a majority of the Commission.; .
Mr; SMITH. By every man compokang the
Commission.
Mr CLYMER. I care not for that. But it
is notorious that the'Commission has antho
rited • the contract which was not awarded to.
the lciwest bidden and itisequallypatenttothe
People of this'State and of timt city that to,
contract was awarded =der circumstances which
precluded men—honest and practical.w.orkmen
--in the city of Pidladelphici, from offering bids
under those specifications. They were:made in
such a loose manner ,that it was impossible for
any man who intended to • live up to those spe
cifications. ,Itis the concurrent testimony of
every architect or contractor who has had any
thing to with them that those 'specifications
were of such a nature as to mislead anybody
who is not in that "ring."
Mr. SMITH: I will inform the Senator from
Berks, who take& such an interest in this
that that contract was signed by Alex. Henry,
Theodore Cuyler, Chas. B. TregO, George M.
Stroud, Oswald ihompson, Joseph Allison and
James R. Ludlow—all 6f the Commissioners
named in the Act to which this bill proposes to
be &supplement. - ' -
Mi. CLYMER. I certainly have had-thates
timony of some of the most noted architects and
contractors of the city of Philadelphia, setting
forth that under the specifications laid before
them by the architect first employed by : this
Commission, it was utterly impossible for any
man to understand those specifications. Ihave"
almost the direct proof, and certainly the pa
tent insinuation, that those specifications were
gotten up for the purpose of enabling one set of
men to secure this contract. I certainly can
present the proof of the other startling factthat
this contract was awarded to a person who was
not thalowest bidder. •
Mr. SMITH. It was never intended that' it
should be so awarded.
Mr. CLYMER. I have the' other patent fact
which I present for the information of this
Senate if it is not already known to its Inem ,
bers, tintt when this COMMMOIL called upon
the contractor to whOm the contract was
awarded for his bail, that that bail consisted of
the sureties of sub-contractors of the city of
Philadelphia. Everything points to the fact
that this - whole proceeding, from . the day the
specifications were first laid before the.public,
up to the hour - when the contract was conaum
mated, was but :a plan whose consummation
was tb put this contract into the hands of pan.
ticnlar parties.
But the worst feature of the whole thing is
that the contract has no limit ; that the people
of Philadelphia in the long years it-will take to
build: no .these enormous piles of whicli we
. • occroneatter anotner put before
us in the Senate, Will be called upon to pay not
.only the original contract price, (and there is:
no'llthit to that,) but an arnount pf
fdur, or perhaps five millions of dollars .
- It has been well said thatby - an amendment
ti the Conatitation it is wisely declaredthat we
shall not increase the debt of this State beyond,
the sum of $750,000,' except to defend us in*
case of war; to put
_down startling .llVlthiOlt
insurrection. this great State cannot in
crease her indebtedness - beyond the sum of
$7.50;000,' is, it right:fox-We body to bind_upon
an unwilling city a debt which may amount to
five 'millions of dollars ? I have no right, con-,.
stitutionally, by my vote, to impose any such:
burden upon the people of that City ; and. I
never will impose that burden upon the people
of any city or county.
I trust, sir, having been led into this digres
sion, that I may be permitted to close the ar
gument I intended to make.
I know, sir, none of the parties for or against
this bill. lam not interested directly or indi
rectly for any location, or for any .character`of
structure. Ido not own one dollar's worth of
property to be affected by it. - I have considered
it merely as an abstract question of right and
of jistice. I have endeavored to place myself
in the:pcisition of those who are to be -directly
affected by its provisions, and with:no other
purpoge than to secure and advance the general
Welfare. I have here given to the Senate my
reflections of this'question. It is or that may,
in some form, affect hereafter the rights and
interests of the constituencies of every Senator
on this floor—and if they do. not desire to be
taxed without representation, if they do not
wish to be'bound by the ixreversable decrees of
a commission not self-imposed, if they are even
unwilling; to be taunted as conquered and sub
jugated provinces, let them destroy a precedent
Which ina,y.impose all these evils upon them.
Mr. SMITH. I have but a few words to say
in reply to the able speech made on this subject
the Senator from Berks, in order to
contradict the statement made by him that
therewere parties specially and: pecuniarilY in
tert4ted in this Matter... There is nothing.to;
justify such a statement.
Mr. CLYMER. I desire to ask the Sena
ter a question; will he be kind enough :to
'mane to me the securities of John MoArthur?
Mr..SMITH. They can easily be named, but
lappialto my colleague, (Mr4.Colunixr,i) to . every '.
one'who, knows John McAtthur„-whether that
gentlemaii Would, for the stike . of - Obtaining the'
whole amount which would accrue from the
performance of - such - contract, be guilty of, a
mean or dishoneat act? "- -
Mr: CONNELL. It affords roe great, pleature
to
_saithat I laelieve there is no _more high
ininded and honest man in the city of Phila
delphia than. Mr. -John-McArthur.
- Mr. CLYMER. Will the Senator from Phil
adelPhia allow me to explain ? I intended to
cast no such aspersion upon John McArthur.— -
I say that the fact that he is a higher biddor
thairothors' Makes it'patent to the world that -
he was, hem* hi. hia intentions in regard td this
eontract ; and the fact that he has the names,_
of welliknOwn contractors of Philadelphia of-
fered as l lii sureties may be a mere coincidence.
They are well known names, and though a
stranger in the city, I recognize amongst them
the names.of those who are widely. known as
contractors. If they are all his bail, is it sur
prising-thatthe bail of the principal might `at
least furnish• him with stone, iron, work on
stone, when it is known that Mr. McArthur him.
self is an architect and has never been a con '
tractor ?
, ..
Mr. SMITH. I would remark that the first
name given as the security of Mr.- McArthur is
that of John White. The notoriety whichtthat
gentleman has achieved is vastly to his credit.
No contract which he has undertaken has ever
failed, and no injury has resulted'to the city of
Philadelphia so far as he is concerned. The ,
nest:name is that of William Struthers. I.can.
.51:r. ~. . t°mycol e--
CL YMER. now Mr.
Strut els p
er
'acnadly., He is a marble mason.
Mr. SMITH. The name of the next gentle
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