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structed, and supplied with plain and suitable furniture and
When the college and appurtenances shall have been con-
books, philosophical and experimental instruments and appara-
tus, and all other matters needful to carry my general design into
execution; the income, issues and profits of so much of the said
sum of two millions of dollars as shall remain unexpended,
shall be applied to maintain the said college according to my di-
rections.
and to accomplish that purpose more effectually, due public no-
1. The institution shall be organized as soon as practicable,
tice of the intended opening of the college shall be given-so
that there may be an opportunity to make selection of compe-
tent instructors, and other agents, and those who may have the
charge of orphans, may be aware of the provisions intended for
them.

and other necessary agents, shall be selected, and when needful
2, A competent number of instructors, teachers, assistants,
their places from time to time supplied: they shall receive ade-
quate compensation for their services, but no person shall be
employed, who shall not be of tried skill in his or her proper
department, of established moral character, and in all cases per-
sons shall be chosen on account of their merit, and not through
favor or intrigue.

and the three inside foundation walls running east and west, place in Passyunk township. In minute particulars, not here (intended to receive the interior walls for the four rooms, each noticed, utility and good taste should determine. There should not less than fifty feet square in the clear, above mentioned) be at least four out buildings, detached from the main edifice shall be three feet thick up to the first floor, or as high as may and from each other, and in such positions as shall at once anbe necessary to fix the centres for the first floor when carried swer the purposes of the institution, and be consistent with the so far up, the outside walls shall be reduced to two feet in thick- syrametry of the whole establishment: each building should be, ness, leaving a recess outside of one foot, and inside of six in- as far as practicable, devoted to a distinct purpose; in that one ches-and when carried so far up, the inside foundation walls or more of those buildings, in which they may be most useful, 1 shall also be reduced, six inches on each side, to the thickness direct my executors to place my plate and furniture of every of two feet; centres shall then be fixed on the various recesses sort. of six inches throughout, left for the purpose; the proper arches shall be turned, and the first floor laid; the outside and the in-Eleventh and Twelfth streets, shall be enclosed with a solid The entire square, formed by High and Chesnut streets, and side walls shall then be carried up, of the thickness of two feet wall, at least fourteen inches thick, and ten feet high, eapped throughout, as high as may be necessary to begin the recess in- with marble and guarded with irons on the top, so as to prevent tended to fix the centres for the second floor, that is, the floor persons from getting over; there shall be two places of entrance for the four rooms, each not less than fifty feet square in the into the square, one in the centre of the wall facing High street, clear, and for the landing in the north, and the landing in the and the other in the centre of the wall facing Chesnut street; south of the building, where the stairs are to go up-at this stage at each place of entrance there shall be two gates, one opening of the work, a chain, composed of bars of inch square iron, each inward, and the other outward; those opening inward to be of bar about ten feet long, and linked together by hooks formed of iron, and in the style of the gates north and south of my banking the ends of the bars, shall be laid straightly and horizontally house; and those opening outward to be of substantial wood along the several walls, and shall be as tightly as possible work- work well lined and secured on the faces thereof with sheet ed into the centre of them throughout, and shall be secured iron. The messuages now erected on the south east corner of wherever necessary, especially at all the angles, by iron clamps High and Twelfth streets, and on Twelfth street, to be taken solidly fastened, so as to prevent cracking or swerving in any down and removed as soon as the college and out-buildings part; centres shall then be laid, the proper arches turned for the shall have been erected, so that the establishment may be rensecond floor and landings, and the second floor and landings dered secure and private. shall be laid; the outside and the inside walls shall then be carried up, of the same thickness of two feet throughout as high as may be necessary, to begin in the recess intended to fix the centres for the third floor and landings, and, when so far carried up, another chain, similar in all respects to that used at the second story, shall be in like manner worked into the walls throughout as tightly as possible, and clamped in the same way with equal care; centres shall be formed, the proper arches turned, and the third floor and landings shall be laid; the outside and the inside walls shall then be carried up, of the same thickness of two feet throughout, as high as may be necessary to begin the recess intended to fix the centres for the roof; and when so carried up, a third chain, in all respects like those used at the second and third stories, shall in the manner before described, be worked as tightly as possible into the walls throughout, and shall be clamped with equal care; centres shall now be fixed in the manner best adapted for the roof, which is to form the ceiling for the third story, the proper arches shall be turned, and the roof shall be laid as nearly horizontally as may be, consistently with the easy passage of water to the eaves: the outside walls still of the thickness of two feet throughout, shall then be carried up about two feet above the level of the platform, and shall have marble capping, with a strong and neat iron railing thereon. The outside walls shall be faced with slabs or blocks of marble or granite, not less than two feet thick and fastened together with clamps seerely sunk therein, they shall be carried up flush from the recess of van foot formed at the first floor where the foundation outside wall reduced to two feet: the floors and landings as well as the roof shali uvered with marble slabs, securely laid in mortar; the slabs on the roof be twice as thick as those on the floors. In constructing the wants, as well as in turning the arches, and laying the floors, landings and roof, good and strong mortar and grout, shall be used, so that no cavity whatever inay any where remain. A furnace or furnaces for generation of heated air shall be placed in the cellar, and the heated air shall be introduced in adequate quantity wherever wanted by means of pipes and flues inserted and made for the purpose, in the walls, and as those walls shall be constructed. In case it shall be found expedient for the purposes of a library, or otherwise to increase the number of rooms, by dividing any of those directed to be not less than fifty feet square in the clear, into parts, the partition walls to be of solid materials. A room most suitable for the purpose, shall be set apart for the reception and preservation of my books and papers, and I direct that they shall be placed there by my executors, and carefully pre-ring; but if there shall be at any time, more applicants than vaserved therein. There shall be two principal doors of entrance into the college, one into the entry or hall on the first floor, in the north of the building, and in the centre between the east and west walls, the other into the entry or hall in the south of the building and in the centre between the east and west walls; the dimensions to be determined by a due regard to the size of the entire building, to that of the entry, and to the purposes of the doors. The necessity for, as well as the position and size of, other doors, internal or external, and also the position and size of the windows, to be, in like manner, decided on by a consideration of the uses to which the building is to be applied, the size of the building itself, and of the several rooms, and of the advantages of light and air: there should, in each instance, be double doors, those opening into the rooms to be what are termed glass doors, so as to increase the quantity of light for each room, and those opening outward to be of substantial wood work, well lined and secured; the windows of the second and third stories I recommend to be made in the style of those in the first and second stories of my present dwelling house, north Water street, on the eastern front thereof; and outside each window, I recommend that a substantial and neat iron balcony be placed sufficiently wide, to admit the opening of the shutters against the walls; the windows of the lower story to be in the same style, except that they are not to descend to the floor, but so far as the surbase, up to which the wall is to be carried, as is the case in the lower story of my house at my

and ten years, as the said income shall be adequate to maintain, 3. As many poor white male orphans, between the ages of six should be introduced into the college as soon as possible; and from time to time as there may be vacancies, or as an increased ability from income may warrant, others shall be introduced. shall be taken in a book prepared for the purpose, of the name, 4. On the application for admission, an accurate statement birth place, age, health, condition as to relatives, and other particulars useful to be known of each orphan.

tors of the poor, or a proper guardian or other competent au5. No orphan should be admitted until the guardians or directhority, shall have given, by indenture, relinquishment, or otherwise, adequate power to the mayor, aldermen, and citizens of Philadelphia, or to directors, or others by them appointed, to enforce, in relation to each orphan, every proper restraint, and to prevent relatives or others from interfering with, or withdrawing such orphan from the institution.

be made, shall be first introduced, all other things concurring6. Those orphans, for whose admission application shall first and at all future times, priority of application shall entitle the applicant to preference in admission, all other things concurcancies, and the applying orphans shall have been born in different places, a preference shall be given-first, to orphans born in the city of Philadelphia; secondly, to those born in any other part of Pennsylvania; thirdly, to those born in the city of New York, (that being the first port on the continent of North America at which I arrived); and lastly, to those born in the city of New Orleans, being the first port of the said continent at which I first traded, in the first instance as first officer, and subsequently as master and part owner of a vessel and cargo. with plain but wholesome food, clothed with plain but decent 7. The orphans admitted into the college, shall be there fed apparel, (no distinctive dress ever to be worn) and lodged in a plain but safe manner: Due regard shall be paid to their health, and to this end their persons and clothes shall be kept clean, and they shall have suitable and rational exercise and recreation: They shall be instructed in the various branches of a sound education, comprehending reading, writing, grammar, arithmetic, geography, navigation, surveying, practical mathematics, astronomy, natural, chemical and experimental philosophy, the French and Spanish languages, (I do not forbid, but I do not recommend the Greek and Latin languages)—and such other learning and science as the capacities of the several scholars may merit or warrant: I would have them taught facts and things, rather than words or signs: And, especially, I desire, that by every proper means a pure attachment to our republican institutions, and to the sacred rights of conscience, as guaran

teed by our happy constitutions, shall be formed and fostered în the minds of the scholars.

8. Should it unfortunately happen, that any of the orphans, admitted into the college, shall, from mal-conduet, have become unfit companions for the rest, and mild means of reformation prove abortive, they should no longer remain therein.

be learned.

agents.

2. To pull down and remove all wooden buildings, as well as those made of wood and other combustible materials, as those called brick-paned, or frame buildings filled in with bricks, that are erected within the limits of the city of Philadelphia, and also to prohibit the erection of any such building, within the said city's limits at any future time.

9. Those scholars who shall merit it, shall remain in the col3. To regulate, widen, pave and curb Water street, and to lege until they shall respectively arrive at between fourteen and distribute the Schuylkill water therein upon the following plan, eighteen years of age; they shall then be bound out by the that is to say-that Water street be widened east and west from mayor, aldermen and citizens of Philadelphia, or under their Vine street, all the way to South street, in like manner as it is direction, to suitable occupations, as those of agriculture, navi- from the front of my dwelling to the front of my stores on the gation, arts, mechanical trades, and manufactures, according to west side of Water street, and the regulation of the curb stones the capacities and acquirements of the scholars respectively, continued at the same distance from one another as they are at consulting, as far as prudence shall justify it, the inclinations present opposite to the said dwelling and stores, so that the reof the several scholars, as to the occupation, art, or trade, to gulation of the said street be not less than thirty-nine feet wide, and afford a large and convenient footway, clear of obstructions In relation to the organization of the college and its append- and incumbrances of every nature, and the cellar doors on ages, I leave, necessarily, many details to the mayor, aldermen which, if any shall be permitted, not to extend from the buildand citizens of Philadelphia, and their successors; and I do so, ings on to the footway more than four feet; the said width to be with the more confidence, as, from the nature of my requests increased gradually, as the fund shall permit, and as the capaand the benefit to result from them, I trust that my fellow-citizens of Philadelphia will observe and evince especial care and city to remove impediments shall increase, until there shall be a correct and permanent regulation of Water street, on the anxiety in selecting members for their city councils, and other principles above stated, so that it may run north and south as There are, however, some restrictions, which I consider it straight as possible. That the ten feet middle alley, belonging to the public, and running from the centre of the east squares my duty to prescribe, and to be, amongst others, conditions on to Front street all the way down across Water street to the which my bequest for said college is made and to be enjoyed, river Delaware, be kept open and cleaned as city property, all namely: first, I enjoin and require, that, if, at the close of any the way from Vine to South street; that such part of each cenyear, the income of the fund devoted to the purposes of the said tre or middle alley as runs from Front to Water streets, be college shall be more than sufficient for the maintenance of the arched over with bricks or stone, in so strong a manner as to institution during that year, then the balance of the said in- facilitate the building of plain and permanent stone steps and come, after defraying such maintenance, shall be forthwith in-platforms, so that they may be washed and kept constantly clean; vested in good securities, thereafter to be and remain a part of and that the continuance of the said alleys, from the east side of the capital; but in no event, shall any part of the said capital be Water street be curbed all the way to the river Delaware, and sold, disposed of, or pledged, to meet the current expenses of kept open forever. (I understand that those middle or centre althe said institution, to which I devote the interest, income, and leys, were left open in the first plan of the lots, on the east front dividends thereof, exclusively: Secondly, I enjoin and require of the city, which were granted from the east side of Front street that no ecclesiastic, missionary, or minister of any sect whatso-to the river Delaware, and that each lot on said east front has ever, shall ever hold or exercise any station or duty whatever in contributed to make those alleys by giving a part of their ground the said college; nor shall any such person ever be admitted for in proportion to the size of each lot; those alleys were in the any purpose, or as a visiter, within the premises appropriated to first instance, and still are, considered public property, intended the purposes of the said college. In making this restriction, I do for the convenience of the inhabitants residing in Front street, not mean to cast any reflection upon any sect or person whatto go down to the river for water and other purpose; but, owing soever; but as there is such a multitude of sects, and such a dito neglect or to some other cause, on the part of those who versity of opinion amongst them, I desire to keep the tender have had the care of the city property, several encroachments minds of the orphans, who are to derive advantage from this have been made on them by individuals, by wholly occupying, bequest, free from the excitement which clashing doctrines and or building over them, or otherwise, and in that way the inhasectarian controversy are so apt to produce; my desire is, that bitants, more particularly those who reside in the neighborall the instructors and teachers in the college shall take pains hood, are deprived of the benefit of that wholesome air, which to instil into the minds of the scholars, the purest principles of their opening and cleansing throughout would afford). morality, so that, on their entrance into active life, they may from inclination and habit, evince benevolence towards their fellow creatures, and a love of truth, sobriety and industry, adopting at the same time such religious tenets as their matured reason may enable them to prefer.

If the income arising from that part of the said sum of two millions of dollars, remaining after the construction and fur-lity and dimensions in every respect, and laid down as deeply nishing of the college and out-buildings, shall owing to the increase of the number of orphans applying for admission, or other cause, be inadequate to the construction of new buildings, or the maintenance and education of as many orphans as may apply for admission, then such further sum as may be necessary for the construction of new buildings and the maintenance and education of such further number of orphans, as can be main-south-west corner of Sassafras and Water streets, one of each tained and instructed within such buildings as the said square of ground shall be adequate to, shall be taken from the final residuary fund, hereinafter expressly referred to for the purpose, comprehending the income of my real estate in the city and county of Philadelphia, and the dividends of my stock in the Schuylkill navigation company-my design and desire being, that the benefits of said institution shall be extended to as great a number of orphans as the limits of the said square and build-lated throughout, as well as the ascent and descent of the ings therein can accommodate.

XXII. And as to the further sum of five hundred thousand dol lars, part of the residue of my personal estate, in trust, to invest the saine securely, and to keep the same so invested, and to apply the income thereof exclusively to the following purposes:

that is to say

1. To lay out, regulate, curb, light, and pave a passage or street, on the east part of the city of Philadelphia, fronting the river Delaware, not less than twenty-one feet wide, and to be called Delaware avenue, extending from South or Cedar street, all along the east part of Water street squares, and the west side of the logs, which form the heads of the docks, or there abouts; and to this intent to obtain such acts of assembly, and to make such purchases or agreements, as will enable the mayor, aldermen and citizens of Philadelphia, to remove or pull down all the buildings, fences, and obstructions which may be in the way, and to prohibit all buildings, fences, or erections of any kind, to the eastward of said avenue: to fill up the heads of such of the docks as may not afford sufficient room for the said street; to compel the owners of wharves to keep them clean and covered completely with gravel or other hard materials, and to be so levelled that water will not remain thereon after a shower of rain; to completely clean, and keep clean, all the docks within the limits of the city, fronting on the Delaware; and to pull down all platforms carried out, from the east part of the city over the river Delaware on piles or pillars.

That the iron pipes in Water street, which, by being of smaller size than those in the other streets, and too near the surface of the ground, cause constant leaks, particularly in the winter season, which in many places render the street impassable, be taken up and re-placed by pipes of the same size, quafrom the surface of the ground, as the iron pipes which are laid in the main streets of the city; and as it respects pumps for Schuylkill water and fire plugs in Water street, that one of each be fixed at the south-west corner of Vine and Water streets, and so running southward, one of each near the steps of the centre alley, going up to Front street; one of each at the near the steps of the centre alley going up to Front street, and so on at every south-west corner of all the main streets and Water street, and the centre alleys of every square, as far as South or Cedar street; and when the same shall have been completed, that all Water street shall be re-paved by the best workmen, in the most complete manner, with the best paving water stones, after the height of the curb stones shall have been regustreet, in such manner as to conduct the water through the main streets and the centre alleys to the river Delaware, as far as practicable; and whenever any part of the street shall want to be raised, to use nothing but good paving gravel for that purpose, so as to make the paving as permanent as possible. By all which improvements it is my intention to place and maintain the section of the city above referred to, in a condition which will correspond better with the general cleanliness and appearance of the whole city, and be more consistent with the safety, health and comfort of the citizens. And my mind and will are, that all the income, interest and dividends of the said capital sum of five hundred thousand dollars, shall be yearly and every year, expended upon the said objects, in the order I have stated them as closely as possible, and upon no other objects until those enumerated shall have been attained; and when those objects shall have been accomplished, I authorize the said the mayor, aldermen and citizens, to apply such part of the income of the said capital sum of five hundred thousand dollars, as they may think proper to the further improvement, from time to time, of the eastern or Delaware front of the city.

XXIII. I give and bequeath to the commonwealth of Pennsylvania, the sum of three hundred thousand dollars, for the pur pose of internal improvement by canal navigation, to be paid into the state treasury by my executors, as soon as such laws shall have been enacted by the constituted authorities of the said commonwealth as shall be necessary, and amply sufficient

to carry into effect, or to enable the constituted authorities of my general estate, and the balance remaining to be paid over to ter mentioned, not to interfere with the said trust in any way except to see that the same is faithfully executed, and to aid the execution thereof by all such acts and deeds as may be necessary and expedient to effectuate the same, so that it may be speedily closed, and the balance paid over to my executors, to go, as in my will, into the residue of my estate: And I do hereby authorise, direct and empower the said trustees, from time to time as the capital of the said bank shall be received, and shall not be wanted for the discharge of the debts due thereat, to invest the same in good securities in the names of my executors, and to hand over the same to them, to be disposed of according to this my will.

ments above specified; namely, 1. Laws, to cause Delaware avenue, as above described, to be made, paved, curbed and lighted; to cause the buildings, fences and other obstructions now existing to be abated and removed; and to prohibit the creation of any such obstructions to the eastward of said Delaware avenue; 2. Laws, to cause all wooden buildings as above described to be removed, and to prohibit their future erection within the limits of the city of Philadelphia; 3. Laws, providing for the gradual widening, regulating, paving and curbing Water street, as herein before described, and also of repairing the middle alleys, and introducing the Schuylkill water and pumps, as before specified-all which objects may, I presuade myself, be accomplished on principles at once just in relation to indi- XXVI. Lastly, I do hereby nominate and appoint Timothy viduals and highly beneficial to the public: the said sum, howe-Paxon, Thomas P. Cope, Joseph Roberts, William J. Duane ver, not to be paid unless said laws be passed within one year and John A. Barclay, executors of this my last will and testaafter my decease. ment: I recommend to them to close the concerns of my estate as expeditiously as possible, and to see that my intentions in respect to the residue of my estate, are and shall be strictly complied with: and I do hereby revoke all other wills by me bereto

XXIV. And as it regards the remainder of said residue of my personal estate, in trust, to invest the same in good securities, and in like manner to invest the interest and income thereof from time to time, so that the whole shall form a permanent fund; and to apply the income of the said fund,

1st. To the further improvement and maintenance of the aforesaid college, as directed in the last paragraph of the XXIst clause of this will:

2d. To enable the corporation of the city of Philadelphia to provide more effectually than they now do, for the security of the persons and property of the inhabitants of the said city, by a competent police, including a sufficient number of watchmen, really suited to the purpose; and to this end I recommend a division of the city into watch districts, or four parts, each under a proper head, and that at least two watchmen shall, in each round or station, patrole together.

3d. To enable the said corporation to improve the city property, and the general appearance of the city itself, and, in effect, to diminish the burden of taxation, now most oppressive, especially on those who are the least able to bear it:

fore made.

In witness, I, the said Stephen Girard, have to this my last will and testament, contained in thirty-five pages, set my hand at the bottom of each page, and my hand and seal at the bottom of this page; the said will executed, from motives of prudence, in duplicate, this sixteenth day of Frebruary, in the year one thousand eight hundred and thirty. STEPHEN GIRARD. [Seal.] Signed, sealed, published and declared by the said Stephen Girard, as, and for his last will and testament, in the presence of us, who have at his request hereunto subscribed our names as witnesses thereto, in the presence of the said testator and of each other, February 16, 1830.

JOHN H. IRWIN,
SAMUEL ARTHUR,
S. H. CARPENTER.

WHEREAS, I Stephen Girard, the testator named in the foregoing will and testament, dated February 16, 1830, have, since the execution thereof, purchased several parcels and pieces of as any real estate that I may hereafter purchase, it is my wish and intention to pass by the said will; Now, I do hereby republish the foregoing last will and testament, dated February 16, 1830, and do conform the same in all particulars: In witness, I, the said Stephen Girard, set my hand and seal hereunto, the twenty-fifth day of December, eighteen hundred and thirty. STEPHEN GIRARD. [Seal.] Signed, sealed, published and declared, by the said Stephen Girard, as, and for a republication of his last will and testament, in the presence of us, who, at his request, have hereunto subscribed our names as witnesses thereto, in the presence of the said testator and of each other, Dec. 25th, 1830. JOHN H. IRWIN, SAMUEL ARTHOR,

To all which objects, the prosperity of the city and the health and comfort of its inhabitants, I devote the said fund as aforesaid, and direct the income thereof to be applied yearly and every year forever, after providing for the college as hereinbefore di-real estate, and have built sundry messuages, all which, as well rected, as my primary object. But, if the city shall knowingly and wilfully violate any of the conditions hereinbefore and herein after mentioned, then I give and bequeath the said remainder and accumulations to the commonwealth of Pennsylvania, for the purposes of internal navigation; excepting, however, the rents, issues and profits of my real estate in the city and county of Philadelphia, which shall forever be reserved and applied to maintain the aforesaid college, in the manner specified in the last paragraph of the XX1st clause of this will: And if the commonwealth of Pennsylvania shall fail to apply this or the preceding bequest to the purposes beforementioned, or shall apply any part thereof to any other use, or shall, for the term of one year, from the time of my decease, fail or omit to pass the laws hereinbefore specified for promoting the improvement of the city of Philadelphia, then I give, devise and bequeath the said remainder and accumulations, (the rents aforesaid always excepted and reserved for the college as aforesaid), to the United States of America, for the purposes of internal navigation and no other.

Provided, nevertheless, and I do hereby declare, that all the preceding bequests and devises of the residue of my estate to the mayor, aldermen and citizens of Philadelphia, are made upon the following express conditions, that is to say: First, that none of the moneys, principal, interest, dividends or rents, arising from the said residuary devise and bequest, shall at any time be applied to any other purpose or purposes whatever, than those herein mentioned and appointed: Second, that separate accounts, distinct from the other accounts of the corporation, shall be kept by the said corporation, concerning the said devise, bequest, college and funds, and of the investment and application thereof; and that a separate account or accounts of the same shall be kept in bank, not blended with any other account, so that it may at all times appear on examination by committees of the legislature as hereinafter mentioned, that my intentions had been fully complied with: Third, that the said corporation render a detailed account annually, in duplicate, to the legislature of the commonwealth of Pennsylvania, at the commencement of the session, one copy for the senate, and the other for the house of representatives, concerning the said devised and bequeathed estate, and the investment and application of the same, and also a report in like manner of the state of the said college, and shall submit all their books, papers and accounts touching the same, to a committee or committees of the legislature for examination, when the same shall be required. Fourth, the said corporation shall also cause to be published in the month of January, annually, in two or more newspapers, printed in the city of Philadelphia, a concise but plain account of the state of the trusts, devises and bequests herein declared and made, comprehending the condition of the said college, the number of scholars, and other particulars needful to be publicly known, for the year next preceding the said month of January, annually.

XXV. And whereas I have executed an assignment, in trust of my banking establishment, to take effect the day before my decease, to the intent that all the concerns thereof may be clos ed by themselves, without being blended with the concerns of

JOHN THOMPSON.

WHEREAS, I, Stephen Girard, the testator named in the foregoing will and testament, dated February 16, 1830, have, since the execution thereof, purchased several pieces and parcels of land and real estate, and have built sundry messuages, all which, as well as any real estate that I may hereafter purchase, it is my intention to pass by said will: And whereas in particular, I have recently purchased from Mr. William Parker, the Mansion House, out-buildings, and forty-five acres and some perches of land, called Peel Hall, on the Ridge road, in Penn township; Now, I declare it to be my intention, and I direct, that the Orphan establishment, provided for in my said will, instead of being built, as therein directed, upon my square of ground between High and Chesnut and Eleventh and Twelfth streets, in the city of Philadelphia, shall be built upon the estate so purchased from Mr. W. Parker, and I do hereby devote the said estate to that purpose, exclusively, in the same manner as I had devoted the said square, hereby dírecting that all the improvements and arrangements for the said Orphan establishment, prescribed by my said will as to said square shall be made and executed upon the said estate, just as if I had in my will devoted the said estate to said purpose; consequently the said square of ground is to constitute, and I declare it to be a part of the residue and remainder of my real and personal estate, and given and devised for the same uses and purposes as are declared in section twenty of my will, it being my intention that the said square of ground shall be built upon and improved in such a manner as to secure a safe and permanent income for the purposes stated in said twentieth section. In witness whereof, I, the said Stephen Girard, set my hand and seal hereunto, the twentieth day of June, 1831. STEPHEN GIRARD. [Seal.] Signed, sealed, published and declared, by the said Stephen Girard, as, and for a republication of his last will and testament; and a further direction in relation to the real estate therein mentioned, in the presence of us, who, at his request, have hereunto subscribed our names as witnesses thereto, in the presence of the said testator and of each other, June 20, 1831.

S. H. CARPENTER,
L. BARDIN,
SAMUEL ARTHUR.

FOURTH SERIES. No. 9-VOL. IX.]

BALTIMORE, OCT. 26, 1833.

[VOL. XLV. WHOLE NO. 1,153.

THE PAST THE PRESENT FOR THE FUTURE.

EDITED, PRINTED AND PUBLISHED BY H. NILES, AT $5 PER ANNUM, PAYABLE IN ADVANCE.

A large quantity of matter prepared for the pre- | of Baltimore, delivered before the institute and a great sent publication has been necessarily postponed.

assembly of ladies and gentlemen, on the evening of the 17th instant. The address is very highly spoken of, and, no doubt, is appropriate and strong, as well as chaste and spirited. It was warmly received. The orator was frequently interrupted by the hearty cheers of one of the most closely-packed audiences ever seen in New York. It is mentioned that Mr. Clay and Mr. Kennedy were complimented with patterns of cloth, from the very superior piece manufactured by Peter H. Schenck & Co. of whose fine establishment Mr. A. L. Ulrick is the superintendent. The cloth for Mr. Clay was presented made up, in the best style of Messrs. Lynde & Jennings-that to Mr. Kennedy was of the same cloth for a cloak-and Mr. K's lady was also presented with the first premium lady's work-box. These are neat and appropriate proceedings.

There is a great excitement in Alabama, and it seems about to be again tested whether there is sufficient power in the general government to preserve itself. This number contains a large mass of matter in reference to this subject, such as a calling out of the militia-the correspondence between the secretary of war and gov. Gayle (so far as it has yet reached us)—the opinion of the attorney general-a report of a legal decision as to Jurisdiction over the Creek lands a statement of the case of Owens-a warm notice of the present condition of things, from an Alabama newspaper and a proclamation of the governor; the length of all which has materially interfered with the contents of the present sheet: but it is considered most respectful as well as most useful to our friends, that important matters, whether for present reading or record, should be as fully as possible We relieve ourselves of another promise, by inserting presented at once. We have a "mortal aversion" to the communication of "A Subscriber," concerning "rethe words "TO BE CONTINUED," and very seldom use ligious newspapers. We have yet two or three others them. to redeem and especially in the preparation and publiThe U. S. Telegraph hails the proceedings above al-cation of a legislative history of the land bill, introduced luded to as good evidence that the people of Alabama by Mr. Clay. have resolved that "nullification is the rightful remedy;" and adds

"The next inquiry is, what will general Jackson do? Those will back ont. He will soon see that Alabama nullification is very different indeed from South Carolina nullification, and he will make a merit of necessity, sacrifice one or more subordinates, and throw himself on gov. Gayle, and a few leading partisans, to whom he will seem to make concessions, provided they use the influence thereby obtained over the people to keep them in subjection to his will."

who know his character will be at no loss for the answer. He

This is a severe censure-but "nous verrons!"

The "Baltimore Gazette" has the following remarks "Governor Gayle of Alabama appears to think more highly of the practice of nullification than of the theory. He is aware, he says, that the terms state sovereignty, reserved rights, &c. 'are used by many as cant expressions, and that they have been brought into disrepute by the extravagant pretensions and absurd doctrines of a sister state-meaning South Carolina. But he expresses his belief that the Creek treaty of 1832 is not law,' and can impose no obligation on the people of Alabama: it 'crosses the constitution,' he says, 'at right angles,' so that there can be no mistake about it-and he, in consequence, demands that the government shall desist from attempting to exeeute its provisions. Nullification, therefore, is orthodox and proper, only when a law crosses the constitution at right angles. But, of course, every governor of a state has a right to graduate his own constitutional protracter-or measure angles with his elbow if he pleases; and thus a right angle in South Carolina may be considered shockingly obtuse, 'extravagant and absurd' in Alabama."

A letter from Abbeville, S. C. says that the nullifiers will keep up their military organization-the volunteer corps being as it were separated from the militia. The governor, attended by eight aids-de-camp, lately pre sented a flag of the "nation" of South Carolina, and delivered a speech, of which we have the following account

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Reduced duties often bring about increased profits to foreign producers, as we have frequently stated, and clearly shewn was the case.

A London paper of the 7th Sept. speaking of the iron trade, says "A still further improvement has taken place in this important trade, iron having this week advanced ten shillings a ton. We understand that the trade is in a better state than it has been for several years, and that there is an immense quantity of business doing, and that a ton made in the duty on foreign iron by the French gowith advantage to all parties. Since the reduction of £2 vernment, considerable quantities of British iron have been shipped for France, and this seems likely to become a valuable trade."

In 1831 the price of common iron, in England, was £5 108. to £6 per ton. There are various qualitiesbut the coarse sort is generally alluded to, and stands as a guage for the better kinds. Now 108. advance on £6 is a very handsome one to the English iron makers-because France and the United States have reduced their tariffs. The chief part of the reduced duty, instead of reducing the cost to consumers, passes pretty directly into the hands of the producers, by weakening the domestic competition.

In our last, we briefly noticed Mr. Clay's arrival at New York. While he remained there, the most delicate and kind attentions were continually paid to him and his lady. On Friday, last week, he proceeded to Providence, (stopping a few moments at Newport), and was warmly received. On the following Monday he reached Boston, and was met and conducted to his lodgings in the best manner of the Bostonians-who certainly understand and manage things of this sort with peculiar harmony and effect. Scores of thousands of persons have paid their personal respects to Mr. Clay since he arrived at Baltimore from the west-and the immense crowds of people who have assembled at different places to greet him on different occasions, have greatly offended some, and caus

"He stated that South Carolina, by her brave and determined course, had driven the tiger within his den-that the tyrant with his bloody bill had to succomb to the brave and chivalrous spirits of Carolina, and that they never would lay down their arms till congress had repealed the force bill. He directed their attention to Alabama who had risen in her might against the ty rant, and, when the hour of trial came, South Carolina would aided an opening of the flood gates of the meanest calumny her in maintaining her soil against the oppression of the despot

Jackson."

We did hope that the "day of these things" was passing away that their end was nigh.

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against him; and yet is well known that he neither expeeted or sought to create an excitement. So it was with Mr. Webster in the west. But the people will render respect to the talents and services of such men, and cannot be restrained.

*But, if we are not mistaken, the whole advance on iron, in England, since the commencement of the present year, has been from 20 to 25 shillings the ton!

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As usual in similar cases, we have prepared a record of some of the chief things which happened-but mechanical necessity has compelled a postponement of its publication until next week.

It is freely stated in the "by authority" newspapers, that there will be a surplus of twelve millions of dollars in the treasury, "over and above the wants of the government for national debt, &c." in Jauuary next. We shall

see.

We have a long and highly interesting, as well as awful description of the late explosion of the steamboat N. England, in the Connecticut river, by which seventeen persons were hurried into cternity, and many others mangled and tortured, and, perhaps, crippled for life. We shall record this statement as a beacon that may guide into some legislation which shall prevent such sacrifices of human life to gratify the filthy passions or gross insensibilities of some of the owners and commanders of steamboats-for it is clearly apparent that these murders, (as it seems they ought to be called), were committed, that the New England might beat another steamboat some 5 or 10 or 20 minutes in the voyage!

About 2,000 soldiers of the army of Santa Anna had died, and as many in that of his opponent Arista. The disease had been equally terrible at Tampico and Guanajunto, and many other places; and such was the state of the country, that, though Arista's force had been reduced to about 1,000 men, he had taken possession of the products of the mines of Valencia, the richest in Mexico. On the 28th August there was said to be only about 200 sick of the cholera at Mexico-but that 22,000 had died of the disease.

The cholera had broken out with great malignity at
Seville and Granada, in Spain-and other places.
At our latest date, the health of New Orleans had much
improved.

About one-fourth of the population of Vera Cruz died of the cholera.

THE MARKET. In one day last week, 5,019 barrels of flour, and 44,133 bushels of grain, chiefly corn, arrived at Boston, from southern ports of the United States. The eastern market is worth more to the southern grain growers than all the other markets in the world-and one or two manufacturing districts are more valuable to them than the whole of the recovered trade with the British West India islands—about which so much was said, and sung, and huzzaed, a little while ago. And in the domestic trade too, the important fact exists that American vessels, only, are employed: but the chief part of our products which reach the British West Indies, are transported in British vessels, the lessened duty on articles imported in the latter being equal to a fair freight upon many of them!

If such things cannot be made punishable by law, even to the death or life-imprisonment of offenders, the people, at large, must take it up for themselves and let it be understood, that, in case of an explosion, the captain, or person having charge of the boat, shall be swiftly executed by the survivors, if not himself among the slain. It is one of those cases to which the "law of nature" is applicable and in which punishment should be instant and decided; for, with ordinary care, and due caution, such accidents would hardly occur once in twenty years. SHIP BUILDING is still very lively in Baltimore and In the present instance, it may be, with a sort of melan- other places. Among others, two first rate vessels, of choly satisfaction, observed, that a large proportion of the about 500 tons, have just been built at Baltimore. A killed and wounded were persons attached to the boat, huge ship, expected to carry a dead weight of 1,100 tons, and that she herself has been made a complete wreck of— being built above south Boston bridge, was jammed in to which, we hope, will be added actions against the ownthe draw for several hours; but, at last forced through, ers for damages in every shape in which they can possi-though several inches wider than the draw. A shipbly be made to lie upon them.

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building yard, on a large scale, is preparing at Poughkepsie, on the Hudson river. At Medford, near Boston, 23 ships and 8 brigs were built in the last and present

year.

TRAVELS IN AMERICA, by George Fibbleton, esq. exap-cently been published in New York. It is a pleasant and barber to his majesty the king of Great Britain, have rejust satire, judging by some extracts that we have seen from the work. "His majesty's" rat-killer and fleacatcher, we hope, will also publish volumes of "travels in America." "The field of observation" is not at all exhausted!

The num

There has been a terrible explosion of a powder magazine at Peubla, in Mexico. It was attributed to five royalists, who were taken and held for trial. ber of deaths was not yet known-but 107 dead bodies had been found among the ruins!

MR. WEBSTER. It was some time since mentioned, Two tremendous fires recently occurred at Constanti-that a table of black walnut was presented to Mr. Webnople, within a week of each other, the first of which destroyed 2,500 houses, and the second 250 houses and 600 shops.

Among the passengers in the Philadelphia, at New York, from London, are Mr. Leslie, the celebrated artist, his lady and four children. Mr. Leslie, it is known, has an appointment at West Point.

The Charleston Courier informs us that the bank of South Carolina, of that place, has declined receiving the United States deposites.

The following paragraphs are from the New York Evening Star-Mr. Noah's paper:

ster by the mechanics of Buffalo, as a token of their respect for his public services. It was forwarded by a committee to that gentleman, who made to their communication the following reply:

Boston, Sept. 28, 1833. Gentlemen: Your letter of the 5th of this month was duly received, and the table, so kindly presented to me, has arrived this day.

An opportunity of some degree of intercourse with the manufacturers and mechanics of Buffalo, is remembered by me, as one of the most pleasing occurrences of a very agreeable journey, and I should not have done justice to my own feelings, if I had not, on all proper occasions since, spoken of them as highly intelligent,

Money is scarce-good notes cannot be discounted un-enterprising and public spirited citizens. der one and a half per cent. per month. Fine times for They have now given me new pleasure, as well as conbrokers. Query. Do the deposite banks discount libe-ferred on me an honor which I highly esteem, by prerally? If they do, money should be plenty. senting me an article of furniture, admirable in its material, and elegant in its workmanship, bearing an inscription expressive of their approbation of my public conduct.

Can any one explain why United States bank stock obstinately refuses to come down to par? If it does not fall very low before the first of December, there will be some long faces at Albany and in Wall street.

THE CHOLERA. There died in the city of Mexico on the 15th August 533 persons; on the 16th, 611; 17th, 1,219; 18th, 954; 19th, 1,165; 20th, 1,460; 21st, 1,100.

I accept this present, gentlemen, from the mechanics of Buffalo, with sincere and grateful acknowledgments. I shall preserve it, as a valued testimonial of their regard, and I offer them in return, my most hearty good wishes for their prosperity and happiness.

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