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the proceedings of the magistrates were thus found that was one act which they prosecuted William Brad fault with, that they must not defend themselves against ford upon. thieves and robbers, merchants would be discouraged George Keith answered the attorney, "It may be obof coming here with their vessels, &c. and I except served the singular and extraordinary severity of those against James l'ox, because the first day after Babbit justices, cailed Quakers, who will pick out a statute made and his company were taken, I being at Sam Carpen- in Old England, and prosecute a man upon it here, ter's, there was governor Lloyd, James Fox, and several which might ruin him and his family, though it's not others, and in discourse concerning the taking of the certain whether that act be in force; most of William said privateers, James Fox greatly blamed William Penn's and the Quakers books were printed without Walker, because he found fault with some justices that the name of the printer, when that act was in force, and were Quakers, for commanding men, and as it were yet we never heard that any printer in England was propressing them to go against the said privateers; and al-secuted for that; these here because they cannot fix the so James Fox joined with Thomas Lloyd in saying, he matter to be any breach of the peace they'll prosecute would mark them as enemies to the government and the printer for not putting his name to what they supwell being of the province, who were neutral in the case pose he printed.” of going against Babbit and his crew; by which Instan
Note. 'That all the time those persons were on trial, ces I think it appears that these two persons have pre- the grand jury sat by them, overawing and threatening judged the cause that is now to come before them. them, when they spoke boldly in their own defence,
Joseph Kirle acknowledged that he had spoken such and one of the jury wrote down such words as they diswords, and desired to be discharged; but the court liked, signifying that they would present them. Juswould not allow of the exceptions.
tice Cook bid them take notice of such and such words, Clerk. These are no exceptions in law.
thereby overawing the prisoners, that they had not liberAttorney. Hast thou at any time Meard them say that ty to plead freely, When Thomas Harris, at the request thou printed that paper? for that is only what they are of the prisoners, began to say something to the matter, to find.
they stopt him, and bid an officer take him away, and Bradford. That is not only what they are to find, Arthur (justice] Cook said, that he should plead no they are to find also, whether this be a seditious paper more there. or not, and whether it does tend to the weakening of After a long pleading, D. Lloyel, their attorney, began the bands of the magistrates.
to summons up the matter to the jury, and concluded by Attorney. No, that is matter of law, which the jury saying, It was evident William Bradford printed the seis not to meddle with, but find whether William Brad- ditious paper, he being the printer in this place, and the ford printed it or not, and the bench is to judge whether frame* on which it was printed was found in his house. it be a seditious paper or not, for the law has determin. Bradford. I desire the jury and all present to take ed what is a breach of the peace, and the penalty, which notice, that there ought to be two evidences to prore the bench only is to give judgment on.
the matter of fact, but not one evidence has been Justice Jennings. You are only to try, whether Wil- brought in this case. liam Bradford printed it or not.
Justice Jennings. The frame on which it was printBradford. This is wrong, for the jury are judges in ed is evidence enough. law as well as the matter of fact.
Bradford. But where is the frame? There has no The attorney again denied it; whereupon some of the frame been produced here; and if there had, it is no jury desired to know what they were to try, for they did evidence, unless you saw me print on it. believe in their consciences, they were obliged to try Justice Jennings. The jury shall have the frame with and find whether that paper was seditious, as well as them; it cannot well be brought here; and besides the whether Bradford printed it; and some of them desired season is cold, and we are not to sit here to endanger to be discharged.
our health. You are minded to put tricks upon us. A great noise and confusion among the people. Bradford. You of the jury, and all here present, Some on the bench showing their willingness to allow I desire you to take notice, that there has not one eviof Bradford's exceptions to the twojurors, justice Cook dence been brought to prove that I printed the sheet, said, 'I will not allow of it; is there four of us of a mind called An Appeal; and, whereas they say the frame is Then the attorney read the 9th, 10th, 11th and 12th ar evidence which the jury shall have; I say, the jury ticles of the said printed appeal, &c. and commented ought not to hear, or have any evidence whatsoever, but thereupon, and then said, William Bradford is presented in the presence of the judges and prisoners. for printing and publishing this seditious paper, whereof Yet this was nothing minded, but Sam (Justice] Jenyou of the jury are to find him guilty, if it appears to nings summoned up to the jury, what they were to do, you that he has printed it.
viz. to find, first, whether or not, that paper called the Bradford. I desire you of the jury, and all men pre- Appeal had not a tendency to the weakening the hands sent, to take notice, that what is contained in this paper of the magistrates, and the encouragement of wickedis not seditious, but wholly relating to a religious differ- ness? Secondly, whether it did not tend to the disturbence, and asserting the Quakers ancient principles, and ance of the peace? And, thirdly, whether William it is not laid down positive that they ought not to have Bradford did not print it, without putting his name to it proceeded against the privateers, but laid down by the as the law requires? The jury had a room provided for way of query for the people called Quakers to consider them, and the sheriff caused the frame to be carried in and resolve at their yearly mccting, whether it was not to them for an evidence that William Bradford printed a transgression of the Quakers principles to hire and the Appeal, The jury continued about forty-eight hours: commissionate men to fight?
together, and could not agree; they then came into Justice Cook. If it was intended for the yearly meet- court to ask. Whether the law did require two eviing at Burlington, why was it published before thc meet- dences to find a man guilty? To answer this question, ing?
the attorney read a passage out of a law book, that they Bradford. Because it might be perused and consi- were to find by evidences, or on their own knowledge, dered of by friends before the meeting, even as the bills or otherwisc; now, says the attorney, this otherwise is the that are proposed to be passed into laws, they are pro- frame which you have, which is evidence sufficient. mulgated a certain number of days before the assembly Bradfordd. Thc frame which they have is no evidence, meets, that cach may have opportunity to consider them for I have not seen it; and, how do I, or the jury, know
Then the attorney read the act* against printing any that, that which was carried into them is mine? books without the printer's name to them; and he said,
* Called by printers form, containing the pages is An act of thc British Parliament. 11 (ar 2 cap 33. I type.
Bradford was interrupted; the jury were sent forth state money taxes, and arrears of purchase money in landagain, and an officer commanded to keep them without office, per articles 21st, 22d, and 38th, are appropriated meat, drink, fire, or tobacco. In the afternoon the jury and fully sufficient to redeem the state bills of April came into court again, and told, they were not like to 1781, and certificates issued for horses, &c. in 1780, per agree; whereupon the court discharged them.
articles 11th and 36th. Bradford then said to the court, that seeing he had 6th. The marriage and tavern licenses are allotted for been detained so long a prisoner, and his utensils with the payment of the judges salaries, per article 23d. which he should work had been so long kept from him, 7th. The excise for the payment of interest on the he hoped now to have his utensils returned, and to be depreciation certificates, per articles 24th and 27th. discharged from his imprisonment.
Sth. The continental, resolve, and commonwealth Justice Jennings. No! Thou shalt not have thy money are fully stated in articles 29th and 30th. things again, nor be discharged; but I now let thee 9th. The accounts of depreciation and funded debt know, thou stands in the same capacity to answer next certificates are made out from the best documents I court as before.
could procure, per articles 27th and 28th. The balance Next court being come, Bradford attended, and de- due on these certificates is 1.117,227 9 0, including the essired to know, if the court would let him have his uten- timated amount of those unfunded, which are consolidat. sils, and he be discharged?
ed agrecably to the act of the United States. The anJustice Cook. Thou shalt not have thy goods until re- nual interest on these certificates amount, at six per cent. leased by law.
to l.25,033 12 11. Bradford. The law will not release them unless exe- This state's proportion of state debts assumed by the cuted.
United States, per article 37th, on the system funded, Justice Cook. If thou wilt request a trial, thou may will yield an annual interest of 1.30,350, which is l 5,316 have it.
7.1 per annum more than the sum now paid by the Whereupon Bradford queried, whether it be accord-state, which will operate in the year 1792, and will be ing to law to seize men's goods, and imprison their per- fully equal to the presert elaims on the state for certifisons, and to detain them under the terror of a gaol, one cates issued, and what yet may issue on accounts settled six months after another, and not bring them to trial unless or unsettled; besides the product of the land-office, per requested by the imprisoned? Whether, when a jury is article 38th, which operates as a sinking sund on those sworn, well and truly to try, and true deliverance make debts. between the proprietor and prisoner, it is not illegal, to 10th. The new loan debt is taken from the Comptrolabsolve them from their oaths, dismiss them, and put the ler-General's former statement, per article 34th. By an cause to trial to another jury?”
act of April 1790, these certificates received in exchange
for continental certificates were to be delivered monthSTATEMENT OF THE PUBLIC ACCOUNTS, ly to this office, and cancelled, of which none have yet,
been received. Of the Commonwealth of Pennsylvania, from the 1st of 11th. Article 35d exhibits an account of the continenOctober 1789, to 30th September 1790. Token froin tal and new loan certificates received in the land-office, the books in the Register General's Office.
per article 17th, and paid by the Receiver-General to the Agreeably to the duties of this department I have the Comptroller-General, and his supposed amount on loans honour to lay before the honourable committee of ways the balance is what the Comptroller-General hath to acand means, a state of the annual accounts of this con- count for, besides what he may have received for other monwealth, from the 1st of October 1789, to the 30th of property and debts of this state, of which I could obtain September 1790. It is with regret I inform the com- no account. He has paid to the state treasurer $502,043 mittee, that it does not comprehend an accurate state of 99 cents, and there is yet to be paid 1.334,138 10 8, on many important objects; nor will it be in my power to which, as well as that already paid the Treasurer, integire a complete state of the finances until the books of rest will be calculated to the 3ist December 1787. the Comptroller General's office are made up and set- 12th. The account of indents, per article 31st, states tled to 28th March 1789, and the balances regularly fur- the amount of indents that the Comptroller has or will nished this office, as directed in the acts of 28th March receive, on the exchange of certificates, taken from the and 30th of September 1789, and 1st of April 1790. payments of interest made at the treasury on the new
I beg leave to offer some general observations which loan debt, and the balance to be paid, as he will receive tend to explain some part of this statement now before an equal amount in indents as interests paid on said ceri you.
tificates. The interest on the continental and new loan. 1st. The balance due on the Loan office of £50,000 certificatc9, per article 3?d, is carefully calculated from per article 3d, being specially appropriated for the re- the respective dates of interest to the 31st December demption of the bills of credit of March 1785, will leave 1787; the balance shows the indents he will have to pay: only 2.26,054 17 4 of the 1.53,709 1 9, per article the this is confined to those he received from the land-of: 6th, in circulation, 10 be provided for, which have fice, taken from the Receiver-General's accounts. charged in the estimate for the present year, per article 13th. The arrears of specie taxes are stated in article : 43d.
41st, balance outstanding, 1. 201,945 13 4. It was my 2d. The account claims and improvements, per article intention to have stated an account with the respective the 15th. There have already been drawn on this fund, counties for each year, but not being able to obtain all warrants to the amount of 1.3,655 7 11 more than the the County Treasurer's accounts, I have confined myself sum appropriated by law, which will remain unpaid un to those from the year 1785 to 1789, per schedule B. til the 15000 annually set apart for this purpose, can be and the accounts with the respective counties. Of these taken from the general revenues, when onty 1.1,344 12 taxes 1.94,009 ( 8 are due from 1785 to 1789, and 1, will remain unappropriated.
1107,936 12 8 for the years 1781, 1782, and 1783; the 3d. Of the money for the improvement of roads and latter may probably undergo some further deductions, inland navigation, per article the 16th. Of this there regular returns not being made of all the exonerations remains a balance of 1.8,642 13 8, which has been used by law. The counties are bound to make up their quca for the general purposes of the state, and will take some tas. The sum brought into the treasury from October time to replace.
1789 to September 30th 1790, is 1.82,833 9 2, per sche4th. The loan-office of l 150,000 being appropriated dule A, soine thousand pounds more than the preceding for the redemption of the bills of June 1730, called dol- thirteen months produced. I have in the estimate, unlar money, per articles 19th and 26th. The balance is der the 43d article, computed that 1.79,738 1 6 may be fully equal to that purpose.
expected into the trearury in the course of the year. 5th. The general revenues in state money, arrears of 14th. Under the 42d and 43d articles, I have made in Vol. II.
estimate of the general revenues and expenses for the By the neat amount of licenses, fees of year 1791, by which it appears that fully and honourably land-office, tax on writs, arrears of carriage to comply with the claims on the state, a farther sum tax, auction duties, and interest from loan than arrears of taxes and imposts, and interest from the office, per article 42d
15,009 5 0 United States, will be necessary. Having stated them By interest on certificates generally under the above two articles, I have again from the United States, per classed them under four heads, which, with great defer- article 33d
17,905 40 ence to the superior judginent of the committee, I beg
Deduct one leave to submit.
year's interest I.
on 1.184,196 By several acts of the legislature, the taxes from 82, proposed 1785 to 1789, and impost, were appropriated for the to be applied payment of the interest on the new loan debt, and to the Propriburning 1.20,000 annually of the bills of March 1785; and prietary debt, by another act, the loan-office of 1.50,000 principal was as under the specially appropriated for the redeeming of said bills 12d head 11,061 15 therefore propose holding these funds to the above pur. Ditto, poses until the whole of these debts are extinguished, 1.26,698 17 10 by which an instant appreciation of the bills of credit of ditto 1,601 18 9 1785 may be reasonably expected, and the state not sub
12,663 14 5 ject to a discount allowed on all her expenditures, ex. cept to the officers of government.
5241 9 7 To the amount of bills in circulation,
By ditto on indents, per per article 6th
£53,709 1 9 articles 31st and 32d 17,467 107 To balance of interest on new loan
By ditto, old continental debt, 31st, 23,912 15 4 dollars
54 4 10
77,621 17 1
22,763 5 0 Surplus, to be applied to other pur
Deduct one fourth, as only poses after these objects are accomplished 48,041 8 0 three quarterly payments
will be due 1st Oct. 1791 5,690 16 3 125,663 5 1
£32,081 13 9 By arrears of taxes from 1785 to 1789, per schedule B.
94,009 0 8
IV. General Revenues. By balance on impost 4,000 0 0 To balance deficient, per article 2d,
16,378 10 20 By ditto, duc on loan office 1.50,000 per
To claims and improvement, per act article 3d, 27,654 4 5 26th March, 1789
5,000 0 0 To inland navigation, &c.
5,000 0 0 125,663 5 1 Pensions to widows and children of offi.
cers of the Pennsylvania line and militia,
4,700 0 0 The grant to the late Proprietaries. This debt being One year's interest on funded debt, per large, for which warrants to a very great amount have article 28th
8,950 16 7 been issued that remain unpaid, and may, if not guarded Balance of Island Money, and 4 years' against, interfere with any plan of arrangement of the interest
855 18 finances that can be made. It is therefore proposed to Ditto interest notes, ditto
178 0 fund this debt, and secure the interest quarterly out of To sundry warrants issued before the the interest to be received from the United States, or 10th April 1789, that remain unpaid
10,0000 discharge the principal and interest with the six per cent. of the said certificates.
£51,063 6 0 To amount of principal due, per article 12th, including the whole instalment 184,196 8 2
CR. To balance of interest to 1st January,
By this sum, which may be expected 1791, the period the United States inte
to be paid into the treasury in the course Test will cominence
26 17 10 of this year, from the arrears of taxes for
1731, 1782, and 1783, out of £107,936 12 210,895 6 08, due thereon, per article 41st, 15,000 O a CR
By a tax to be laid for half the amount By this sum taken out of
of the late funding tax, say
38,472 18 9 the certificates of the United States, bearing interest at
£53,472 18 9 six per cent. per article 330 184,196 8 2
Agreeably to the foregoing statement, it would ap-By ditto, to discharge the
pear that all the appropriations would be fully equal to interest 26,698 17 10
the claims on them, except the fourth head, where a tax 210,895 60 is proposed. It may possibly be considered as improper
to lay a new tax while such heavy arrearages are due on III. Civil List.
the old, or until the quotas of the counties shall be more To amount of one year's expenses of
exactly proportioned. In either case, the deficiency may government, per arti le 420
25,009 5. Obe supplied by the state borrowing 30 or £40,000 on the Surplus, which may be applied as the le
funds she possesses. After another year, if the collection gislature may think proper
7,022 8 9 of the taxes is pressed, and the appropriations strictly
attended to, a small tax will be sufficient, and the re 32,031 13 9 ceipts at the treasury will be in specie. Several pro-.
ductive funds will be released, which may be applied to
such improvements as the Legislature, in their wisdom,
171 30 think proper: I have the honour to be, with great respeet, your most
6489 10 6 obedient, most humble servant,
Clerks, Sergeant at JOHN DONALDSON. Arms,and Doorkeep. Register General's Office, December 13, 1790.
504 0 6 To the Honourable Committee of Ways and Means. This sum to defray
sundry incidental ex. ARTICLE No. I. Dr. The Expenses of Government from penses
100 0 0 the first of October 1789, to the 30th of September 1790,
604 0 6 and the Funds specially appropriated for the support
7093 110 thereof.
Pay and milage of members To balance deficient per last annual state.
on warrants issued before 10th ment
£3,331 9 7 April 1789, To civil list, consisting of salary to the
61 00 President and Vice President of the state,
43 10 0 pay and milage of members of Council from
Joseph Hiester, March 1789, 26 10 the 1st of October 1789, to the 30th Sep
Gabriel Hiester, do
28 14 0 tember 1790,
42 80 The President 1500 00
Abraham Smith, 29th March 1787 36 00 Vice President 500 00
John Hopkins, Esq.
1789 35 10 O City 254 50
273 30 York 171 15 0
Hon. John Armstrong, balance due him as Chester 218 15 0
member of Congress, to 4th March 1789, 387 15 0 Berks 178 50
John Donaldson, Esq. RegisterCumberland 217 15 0
General, one year's salary, 500 00 Montgomery 201 15 0
332 16 1 Bucks 274 15 0
-832 16 1 Dauphin 249 00
John Nicholson, Esq. Comp. Northampton 220 10 O
Gen. one years salary,
800 0 0 Bedford 218 17 0
200 0 0 Franklin 202 10 O
-1000 0 0 Fayette 157 40
William Bradford, Esq. Attor. Washington 145 50
ney-general, on warrant issued Northumberland 135 15 0
before the 10th April 1789, Westmoreland 182 50
for 11 months salary, to 1st Huntingdon 9900
229 3 4 Luzerne 155 оо
Ten months salary, to 1st Allegheny 95 15 0
208 6 8 5478 60
Seven months do to 1st Au. Doorkeepers wages, and sun.
145 16 8 dry incidental expenses he paid
583 68 for Council Chamber,
17,587 18 8 Pay and milage of members
To contingent expenses, of Council, on warrants issued
consisting of before the 10th April 1789,
Payments made Messrs. Bailey, J. Cannon,
53 10 0
Dunlap & Claypoole, Brown, J. Baird,
27 15 0
Humphreys, and Spotswood, J. Smiley,
60 15 0
for sundry printing, papers, N. Dennison,
180 18 5 G. Woods,
49 15 0
Repairing locks, book cases,
239 150 quills, writing paper, fireBenjamin Franklin, Esq. late
wood, &c. for ditto,
70 1 11 President, one year's salary 1500 0 0
251 04 Pay and milage of members
Messrs. Hall and Sellers, Steiner, Brown, of assembly
Humphreys, Bradford, Bailey, Billmeyer,
Dunlap and Claypoole, sundry printing
923 17 6
Dunlap and Claypoole, printing
proclamations for declaring
Francis Bailey, advertising taxes
in Huntingdon, Franklin, and
15 9 4
Griffith Owen, for cleaning and
repairing State-house clock, 11 13 4
Joseph Dalby, for ringing bells
on proclaiming of the Presi-
6 0 0
John Donaldson, Esq. Register.
General, to defray sundry ex.
penses of his office,
50 0 0
Lord Butler, Esq. expenses re:
moving Franklin, a state pri. Mifflin 96 15 0 soner,
Wm. Bradford and J. Ingersol,
to watchmen for guarding public offices, Esquires, fee for defending
repairs done to the state house yard, ringsuit brought by the Chief Jus
ing bells on public occasions, expresses to tice against the siate for de.
the Indians, fire works on the arrival of his preciation,
Excellency the President of the United Wm. Bradford and J. D. Ser
400 0 0 geant, Esquires, fee respect. ing I. Doan's forfeited estate,
£23,343 6 8 in Bucks county,
40 00 Wm. Bradford, Esq. a fee clo. I. Dunns forfeited lands in North
CR. The Expenses of Government, &c. ampton,
By the general revenues, for this sum ap. Ditto, balance of his fee, in four
propriated per act of 26th March, 1789, £10,000 0 0 actions against Messrs. Miles,
Court fines and forfeitures, received of Matlack, &c.
Wm. Bradford, Esq. Attorney General, 2000 Edward Shippen, Esq. amount
Fees of land-office, for this sum received by of his account as one of the
Christian Febiger, Esq. State Treasurer,
from the time of his appointment to the
59 00 George Evans, for surveying do
31st August 1790,
1,348 511 nation lands,
Received of David Kennedy, Stephen Porter's demand for half
Esq. Secretary to land office,
since, the pay and expenses incur
104 10 4 red by Jacob Ninkirk, as In
Received of Daniel Broadhead, dian Interpreter, on the lines
Esq. Surveyor-General, 84 8 5 between N. York and Penn
Received of Charles Biddle, sylvania, from the 28th May to
Esq. Secretary to Council, 50 5 5 the 25th November 1787, per
Received of Francis Johnston, account,
Esq. Receiver-General, 78 00 Matthew Irwin, Esq. for enroll.
317 4 2 ing sundry acts of assembly,
Received by D. Rittenhouse, per account,
43 16 5
Esq. late Treasurer, of Chas. For do do to 6th Sept. 1790,
6000 per ditto,
45 1 4
Tax on writs, for these sums paid
457 12 0 from 1st Oct. 1789, to 30th Towers, Evans & Flake's account for win.
Sept. 1790, dow glass, &c. broke by firing of cannon
City and County
446 17 0 on the day the President was proclaimed, 8 5 4 Lancaster,
408 2 6 Joseph Stiles, one year's salary,
271 7 2 as Commissary of military
116 8 9 stores,
50 0 0
100 0 0 One year's store rent,
13 14 4
90 13 6
66 0 0 Christian Laurence,smiths-work
36 17 6 done for the invalids, 1 0 0
-1,536 6 5 John Schriber's account for taking care of
Auction duties, from City, Liberties and of the barracks, public stores and powder
township of Moyamensing, do. do. 1,718 13 2 magazine, at Lancaster, from the 23d April
City and county, carriage tax, 1784, to 23d May 1788, is four years and
received from Oct. 1st, 1789, one month, at six pounds per annum,
24 10 0
1,349 7 10 This sum advanced col. Proctor
Bucks county, do. do. 121 17 10 to purchase powder to be used
Chester county, do. do. 100 0 0 4th July, 20 15 8
-1,571 5 8 This sum paid Anthony Wright, for powder supplied the regi
Interest from loan-office for £50,000 princi. ment of artillery to celebrate
pal, from Oct. 1st, 1789, to Sept. 30th the birth day of his Excellen
1,274 16 6 cy General Washington, 23 5 4
This sum taken from impost, being in part of
44 1 0 the protecting duties applied to the supe Valentine Hoffman's account, repairing artil
port of government, per act of 20th March lery carriages, in Dec. 1789, 9 0 6 1783,
5,496 14 10 Paid repairing a cart, for use of the hospital at Province Island, 1 0 6
£23,343 6 8 Paid George Brunnings, for cutting branding irons, &c. for inspection of pot and pearl
GAME LAWS. ash,
2 5 10 John Nicholson, Esq. for depreciation on
Mr. HAWKINS, from the Judiciarv Committee, to whom sundry sums he paid on account of the
was referred a petition signed by a number of the cistate, in specie, and repaid him in paper
tizens of Potter county, reported: currency, per account,
81 5 0 The petitioners set forth that they are settled in a new David Rittenhouse, Esq.sundry commissions
country, in reducing which, to a state of improvement on monies passed the treasury since last
and cultivation, they undergo many privations, and settletment,
1566 1 much hardship; and in many instances have to depend
upon the wild animals, particularly the deer, for food,
2023 18 5 That those animals, só valuable for food, are the prey of This sum advanced Charles Biddle, Esq. to
every hunter who may choose to come into the county defray sundry expenses, consisting of pay
to shoot them, and that they are in groat danger of being