СНАРТER III.

ABOUT the time that William Shipley first became interested in the new settlement, and when nearly all the houses in the town stood below Third street, the subject of a market house had engaged the attention of the settlers, and it was generally understood it was to be built in Market street, near Second street. With this proposition Shipley seemed satisfied. As it regarded his pecuniary interest, it does not appear that at any time it could have made much difference to him, whether it were located in Market street between Second and Third streets, or in Fourth street between Market and Shipley streets. He owned largely on both sides of Market below Third street, and only on one side of Fourth street, east of Shipley street.

Late in the autumn of 1735, W. Shipley, with Elizabeth his wife and two small children, removed to Willingtown. They passed the winter in a small brick tenement, standing on his own property, about fifty feet west of the westerly side of Shipley street, a short distance below Fourth street. This house is yet standing and is in good preservation. It is now used as a kitchen, attached to the new brick house late of Deborah Bringhurst, deceased. Here he planned his improvements for the following year, and amongst others, that of a new market house, which he found it easier to build at his own expense, on his own ground, than to unite his fellow citizens in an agreement to build it any where else. It was put up in the spring of 1736.

With this movement of Shipley, the people owning lots, and those resident in the lower part of the town were dissatisfied, as it was a practical decision of a question contrary to their interests, and to their views and intentions, before he came to reside among them.

After the market house was finished, and the advertisement

for opening it to the public use as aforesaid, was published, an open opposition was organized, and the two parties soon became involved in a warm controversy. As the town was not incorporated, there was no convenient tribunal to settle the dispute, and while their weapons of war were not more effective than opinions and censures, and reasons of private interest, neither party made much advance toward the attainment of its object.

One of the means resorted to by the up-town party, under a general notion of its efficiency for the purpose of vanquishing their opponents, was the publication of written protests against the acts of the opposition. The people of the lower district had determined to settle the question by building a market house for themselves. They had in the year 1737, procured some materials, and consulted some workmen for the purpose. This movement alarmed the up-town party, who immediately took measures to counteract it, and soon issued the following protest:

"To all Christian People to whom these presents shall comeWe whose names are hereunto subscribed, inhabitants of, and adventurers in Willingtown on the Hundred of Christiana in the county of New Castle upon Delaware, and others, inhabitants of the country and parts adjacent, send greeting:

Whereas there hath been already built in Willing Town aforesaid for the use and benefit of the said Town, and country adjoining, One certain house or building, commonly called a Market house or Shambles, and situate in High street,* and between Market street and Shipley street, in the said town: And Whereas, there is since proposed by some persons inhabitants in the said Town, and now by them a putting forward to be built, another Market house, proposed to be erected in Market street aforesaid, but down nigher the water side: Now these are therefore to declare to all persons, that WE whose names are hereunto subscribed, being very well satisfied that the Market house already built in High street as aforesaid, is and doth stand

*The name of this street has been since changed to Fourth street.

very commodious for the benefit of the said Town, both as to its situation, largeness and form of building: And that WE and every of us do approve the same, and that We nor any of us do any ways approve of, but do utterly disallow and disapprove the building or erecting any other Market house or Shambles in the said Town at the present, and until we shall see more reasonable occasion for the same.

Brineseby Barnes,
Valentine Hollingsworth,
Alexander Frazier,
Daniel Mackfarson,
John Logue,

Thomas McCullach,
James Phillips,
Jonathan Langley,

Ephraim Logue,
George Harlan,

Samuel Hollingsworth,
Enoch Hollingsworth,
Edward Way,
Ellis Lewis,

Thomas Chandler,

Jacob Chandler,

Samuel Greave,

Tho. Willson,

Samuel Greave, Junr.,

Alphonsus Kirk,

Adam Kirk.

The Swedes having a distinct and deep interest in the settlement of this question, also came forward, and, as a body, opposed the erection of another market house in the lower part of the town. In the mode of opposition, they adopted the plan of their Anglo-Saxon neighbours, and issued a written protest. The exordium or preamble to their protestation was the same as that prefixed to the one already before the reader. In the statement of their objections to the plan of the opposite party, they go more at large into the subject, and honestly show that

they are primarily moved to make this protest for the sake of their interests, and the interests of their lessees, which very probably was the great spring of action with all the parties, however patriotically they may have chosen to express themselves on the occasion. They proceed to say:

"Now these are to declare to all persons, that we whose names are hereunto subscribed, members of the said congregation, holding divers lands in the said Town for the use of the said church and minister thereof, and having by our trustees leased many lots of land there, to divers persons, and considering the interest of our said church and minister, and as well the interest and advantage of those persons that have already, or which shall hereafter lease any of our said church lands, and the future advantage, rise and growth of the said town in general, and being very well satisfied of the situation of the present market house already built in High street aforesaid, it standing nigh our line, and as we find very nigh the center or middle of the whole town, and therefore very commodious for every part thereof, that we and every of us do approve the same, and that we nor any of us do any ways approve of, but do utterly disallow and disapprove of the building or erecting any other markethouse or shambles in the said Town, at the present, and until we shall see more reasonable occasion for the same.

*

Meaning the middle of the Town Plot as far as then laid down, which only extended to Seventh street. At that time there were but two or three houses in the town north of Fourth street.

At the present time, and under our circumstances, it may seem extraordinary that much dependance should have been placed in protests, resting on the authority of individuals having no legal power in the case. But at that time, when the great mass of the people had little wealth, and a very limited education, the weight of personal influence and authority in those who were raised much above the crowd in these respects, was often overwhelming, and would frequently overawe where it failed to convince. We can hardly doubt that the name of John Eneberg, the respected pastor of the Swedish community, and the venerated representative of ecclesiastical authority in the "fatherland," would be sufficient to deter almost any member of the congregation from joining a party opposed "to the said church and the minister thereof."* Nor can we suppose that the names of William Shipley, David Ferris, Edward Tatnall, Thomas West, Joshua Way, &c., would, on the other hand be lightly opposed by men connected with them in religious society, or looking up to them as the patrons and support of the infant community.

By the constitution or frame of government of Pennsylvania, established in 1696, one of the powers delegated to the governor and provincial council, was "to settle and order the situation. of all cities and market towns in every county; modelling therein all public buildings, streets, and market places, &c.”t

For want of municipal law, no charter having yet been granted in conformity with the prayer of the petitioners, an appeal was made to the Governor, Thomas Penn, and the Executive Council, that they might exercise the power conferred on them by the afore recited article of the constitution or frame of government, which authorized them "to settle and order the public buildings and market places."

* Thomas Willing and his family were connected with the church. Andrew Justison was a Swede and a member of it; both more deeply concerned in locating the market in the lower part of the town than all the others, yet neither of them signed the address to the governor. † Proud's Hist. Penn. Appendix, p. 36.