Source:Fleming-water-street
George T. Fleming. "Water street and Monongahela wharf: Protracted litigation necessary to give city clear title to tract along this highway, once an aristocratic thoroughfare of Pittsburgh." Pittsburgh Gazette Times, Dec. 20, 1914, sec. 2, [p. 4]. Newspapers.com 85909712.
IN THE street history of Pittsburgh Water street has a distinct and curious record. As originally laid out by William [sic] Woods and Thomas Vickroy in 1784, it was a long, straggling, narrow strip. On the face of Wood's plot, the lots were regularly numbered to be referred to ever since. The size of each was staked, the width of the alleys given, and likewise all the street except Water, as detailed by Thomas Vickroy in his affidavit made in 1841 and published in The Gazette Times in last Sunday's street story.
On one side of Water street, beginning at the Point, and extending to Grant street, there were lots regularly laid out, but between these lots and the Monongahela River, there was no line drawn or laid down on the plot, nothing at all to indicate that there was to be a street of any regular, definite width between these lots and the river. The width at Grant street was irregular and it continued irregular, gradually growing narrower towards the Point.
The banks at Grant street were high. The space here between the line of the lots and the river banks was about 75 feet, a width sufficient for a wide street as streets go yet. At Ferry street, this space had narrowed to about 50 feet. At Redoubt alley it was but 20 feet, narrowing at the point to less than five feet.
Yet this irregular strip as surveyed, and as plotted by the proprietaries' surveyors was duly approved by their agent, Tench Francis.
Kept in Philadelphia.
The plot as originally made was kept at the office of the Penn's in Philadelphia to which due reference was made as required.
Mr. Francis had a list made out of all the property of the Penns in the manor of Pittsburgh, succintly [sic] mentioning each lot and farm. In this schedule there is no intimation of any spot of ground between Water street and the rivers. For over 30 years the proprietaries, or their agents, never pretended to have any such claim.
About 1815 some speculators induced John R. Coates, then agent for the Penns, to execute a deed to them for all the land between Water street and the Monongahela River without specifying any length or breadth. The consideration in the deed was $10,000, but not one cent was paid. A purchase-money mortgage was given for the entire sum.
In front of lot 183 Oliver Ormsby, a pioneer resident, had a hoisting machine which extended over the banks. The banks were clay and high. They gave the name to the river and the signification, "the river with the falling-in banks." Undoubtedly from these clay banks were made the bricks that faced the revetments of Fort Pitt and the houses within the fort's walls, including Bouquet's blockhouse. As late as 1833 there was a bank at least 20 feet high at Ferry street, where a wide chute of heavy planks conveyed the contents of the street gutters down the precipitous bank.
Litigation Is Begun.
Upon the title as noted above suit in ejectment was brought against Ormsby. The city of Pittsburgh was made a party defendant and assumed the burden of the defense. The case was tried in Pittsburgh before Judge Walker in the United States Court. Henry Baldwin appeared for the plaintiffs and James Ross for defendant. The verdict was for the defendant.
Not satisfied the claimants began a new suit in ejectment against the mayor, street commissioner and wharfmaster of the city of Pittsburgh. William Wilkins was then on the bench in the United States Court. Sufficient pretext was found for the removal of the case to the Eastern district. The case was tried before Judge Bushrod Washington (nephew of G. W.) and a jury in April, 1829. Judge Baldwin was agin the leading counsel for plaintiffs, assisted by the celebrated Thomas Sergeant, the equally celebrated Jared R. Ingersoll and Charles Smith appeared for the defendants.
In substance plaintiffs claimed that the public had a right to [sic] way of a reasonable width along the river banks, and, although the title to the soil remained in the proprietories [sic], 60 feet was a sufficient width for the right of way; the plaintiffs had a title upon which they could sustain their ejectment for all the ground between the river and a line 60 feet from the line of the lots.
Odd Deed Offered.
In support of their claim plaintiffs offered in evidence a deed form the Penns to Craig and Bayard for the 32 lots originally within the inclosing walls of Fort Pitt, or between West street, Liberty, Marbury and the rivers. In the plat the lots were all distinguished by their numbers, but instead of Water street, the Monongahela was given as the southern boundary.
John Ormsby's deed was also read in evidence, "marked lot No. 183, in plan of said, town," etc., but in this deed instead of Water street, the sounthern [sic] boundary is said to be the Monongahela River.
On the part of the defendants several plats of the survey made out by Thomas Vickroy at the time surveyed, and also the plat kept in the office of the proprietaries' agent, were offered in evidence. Depositions from Samuel Ewalt and one Finley were read.
They deposed that they were present when the survey was made, and they were in agreement in stating that at the time objections were made by the inhabitans [sic] that Water street was too narrow; that George Woods, the principal surveyor, declared that "Water street would be left open to the river that the citizens might use it as landings," etc., that the people would be digging cellars, etc., and that they might extend the street out to low-water mark.
On the side of the city there was also offered in evidence the article of agreement between the proprietaries and Craig and Bayard, executed before the town was laid out. It was argued that, although this article might preclude the grantors from cutting up the ground previously sold without the consent of the purchasers, yet it would not prevent them from cutting up the remainder of the townsite as they pleased.
First Sale of Land.
The first sale to Craig and Bayard embraced only a portion of the 17 lots along the Allegheny from the Point to Marbury street. The deed embraced the whole of those lots and all the 15 lots extending from Penn street to West street and from Marbury to Yater [sic] street, or, as the deed expressed it, to the Monongahela River.
There was of course much other evidence and the case was argued with extraordinary zeal and spirit, remarkable ingenuity and great ability by the counsel. Judge Washington's charge, the last he ever delivered, favored the plaintiffs and there was a verdict and judgment accordingly.
Had this judgment been allowed to stand Pittsburgh would have lost the Monongahela wharf, unless the title of the claimants had been purchased and as they were pre-eminently land-grabbers, it is needles [sic] to say they would have set a handsome value upon "their right, title and interest."
Neville B. Craig in his history does not give these plaintiffs names and to obtain them the old reports will have to be resorted to. Various exceptions were taken to the charge of the presiding judge and the cause went on a writ of error to the Supreme Court of the United States, and was argued at the January term, 1832, Judge John McLean giving the opinion of the court, reversed the court below and the cause [sic] was remanded.
In the meantime Judge Washington had died. His successor was Joseph Hopkinson, who had been originally one of defendant's counsel. This was good cause for a change of venue and the case was transferred to Maryland, and here the celebrated Roger B. Taney comes into our history, as he was the presiding judge at that trial.
Another Trial Begins.
Whatever hopes plaintiffs may have had after the clear and decided opinion of Judge McLean, has not been made part of the record. Nevertheless they went to trial again, it is said, with a faint hope of a compromise or trusting to chance. This time William Wilkins, formerly judge, one of Pittsburgh's national celebrities, vigorously pressed the case for the city and the trial resulted by plaintiffs taking a non-suit. In plain English they voluntarily asked that the case be dropped.
Other suits that grew out of the condition of Water street were pending in our local and state courts while the protracted proceedings noted above were undecided. In the belief that the description of the western boundary of the lots embraced in Craig and Bayard's purchase of the Fort acreage was at least equivocal, the subsequent owners of these lots had encroached upon Water street.
One of the chief offenders was Gen. James O'Hara, who had extended a fence over the bank and down to the water's edge. Samuel Black and John McDonald had built houses on the north side of Liberty street, both of which had encroached upon Water street, so much so that the street seemed to end at West street
As early as 1827 the Pittsburgh Councils took measures to stop such trespasses. By resolution of Councils the city solicitor was instructed to take the street commissioner and some street hands and remove all obstructions from the street. This was done. Prosecution was entered against Black and McDonald for maintaining nuisances in obstructing a public highway.
On trial McDonald was convicted and judgment entered. The case was tried before Judge Duncan of the State Supreme Court.
McDonald appealed, but the judgment was affirmed and, good citizen that he was, with commendable promptitude, he removed all that portion of his fine brick mansion that extended beyond the line of Water street.
Black soon after did the same. His house, however, was frame and not so great a loss.
City's Title Upheld.
In two courts, of different jurisdictions, the city's title was declared good. The settling of these long drawn out suits was most important and of untold benefit to the municipality.
In spite of the trouble of these years and the nature of the river banks, Water street was the first fashionable street of the embryo city and it remained so for many years, in fact, until the growth of the steamboat interests necessitated the building of capacious warehouses on the sites of the pioneer mansions.
All buildings in Water street from Ferry street to Grant street were swept away in the fire of April 10, 1845. That was about the time of the greatest river industry and travel and freights for the Western country were constantly increasing. The warehouses were needed. Then, as now, most of them extended the full length of the lots or back to Front street, subsequently known as First street, now First avenue.
In the fall of 1795 Thomas Chapman, an English gentleman of ample fortune and leisurely habits, in the course of his journeying came to Pittsburgh. Of course, on his return he wrote a book and had something to say of the town named for that great countryman of his, William Pitt, Earl of Chatham. Chapman found the town thriving. He said it contained about 200 houses, 50 of them brick and frames, and the remainder log. He noted two brickyards in the vicinity, and bricks cost a guinea a thousand.
Chapman's Prediction.
He ventured the prediction that within a few years all the log houses would be rebuilt and brick substituted in the room of wood. Mr. Chapman was far-seeing. Old-timers yet here can relate how Pittsburgh grew after the fire of 1845 to be almost a city of brick houses.
Mr. Chapman put up "at the sign of the Green Tree." This was a famous pioneer tavern kept by one Morrow in Water street between Wood and Market streets.
It was about this time that Water street was ultra-fashionable. James Ross, United States senator, had his mansion at the corner of Smithfield street; below him, in order, came the homes of Adamson Tannehill, Samuel Ewalt, John Ormsby, Gen. John Neville, Maj. Isaac Craig and Maj. Abraham Kirkpatrick, the latter removing to Mt. Washington to his immense farm. Gen. O'Hara's home was near West street. Hugh Henry Brackenridge lived close to Water street, "just around the corner" in Market street. Judge Alexander Addison had his home at Second and Smithfield streets. Gen. John Wilkins was away uptown at Third and Smithfield.
The town was then altogether within the triangle bounded by Smithfield street and the two rivers.
The map of Pittsburgh of 1795, reproduced in The Gazette Times on Sunday, December 6, last, is usuually [sic] annotated and has reference numbers, appearing thus in the histories of the city. This map shows Gen. O'Hara located at Water and West streets, the site of the first Fort Pitt lying between the O'Hara house and the southern bastion of the second or largest fort built by order of Gen. Stanwix. This was the bastion pointing diagonally toward Mt. Washington. In James M. Riddle's history of 1815 Gen. O'Hara's residence is given as above.
Orchards at the Point.
Next to O'Hara's on the same square was Maj. Kirkpatrick's. The plan shows orchards in the rear of both residences. Across Short street, in the middle of the block, was a back yard. A pond extending from Fifth and Liberty streets enmptied [sic] into the river between Short street and Redoubt alley, so named from that structure erected in 1765 by Col. Grant. It is plainly shown on the map of 1795 on the present line of Water street.
Gen. John Neville occupied this house for a time, a log addition having been made to it. After the whisky insurrection he purchased the property at Ferry and Water streets, originally owned by Gen. Morgan. This house stood with many changes until razed for the erection of the present large warehouse building a few years ago.
Maj. Craig's residence in 1795 was at the corner of Redoubt alley immediately opposite the Grant redoubt. Samuel Sample's tavern was on the opposite corner to Neville's, so marked today with a commemorative tablet in bronze. Here George Washington stopped in 1770.
John Ormsby's was the next house in this block and then there were none until Ewalt's at the southeast corner of Market street, where Woods and Vickroy started to survey in 1784. Tannehill's and the Green Tree tavern were in the middle of the block.
Across the "gut" at Wood street, as Vickroy calls it, was the Henderson Ferry house and an orchard surrounding it.
Few Houses Beyond Smithfield.
But two houses stood in the block between Smithfield street and Cherry alley, Senator Ross' and Peter Audrain's. Two houses are shown between Cherry and Grant, but their occupants are not designated. Beyond Grant street, about the mouth of Ross street, not then laid out, there were no houses but the large stables erected and used by Gen. Wayne, still stood.
A run known as Sukes Run entered the river here. It has long since been sewered and empties into the river under the Panhandle bridge. A sand bar is often seen here, formed by the washings from the sewer. When the bridge was built, in 1868, the shore pier was far enough out in the river for two barges to lie inside of it. The pier was used to tie up sand flats and a roadway ran up to Try street, crossing the tracks of the Pittsburgh and Connellsville (now Baltimore and Ohio) Railroad at grade. The old warehouse of the Bakewell glass house at Grant street was used as a depot by the Pittsburgh and Connellsville Railroad.
In 1795 John Scull had his home at the northeast corner of Market and Front streets, the latter now First avenue. Immediately opposite was Judge H. H. Brackenridge's house. Mr. Scull, founder and proprietor of the Pittsburgh Gazette, had then (1795) published the paper for nine years. In addition he had been postmaster at Pittsburgh from the establishment of the postoffice here in 1787. Mail came every two weeks and departed as often.
It is evident that the postoffice did not trespass heavily on Editor Scull's time, for the total receipts of the office for the year ending October 1, 1790, was $110 99—pretty close to $111.
The original office was in the same log building on Water street, near Ferry, in which was printed the first number of the Gazette, July 29, 1786. On the map of 1795, this house is shown without reference to an occupant.
Birthplace of Gazette.
It was between Isaac Craig's and John Neville's, in the center of the block, extending from Redoubt alley to Ferry street. In the "Centennial History of Allegheny County," (1876) where the map appears, the John Scull home on Market street is distinctly stated to have been the place of the first issue of the Gazette. It was in September, 1793, that Mr. Scull moved the postoffice and office of publication to the Front street house. While the house is marked at Market and First, it was really one or two lots from the corner on the north side of Front street, now First avenue.
This story of Water street is truthfully a history from locality. The biographies of the eminent persons enumerated that are suggested by association with the street's history cannot be given. Anyone [sic] of them, if done justice, would transcend the whole space of this article.
The picture of Pittsburgh in 1790 was drawn by an officer of the United States army just before the demolition of the fort in 1791. The buildings of the fort and the flag in the steel engraving from which the picture herewith was made can be plainly seen. The high banks of the river are fully apparent.