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the terms, this was not the tribunal before which the holders could be amenable, nor this the mode of redress for any supposed delinquency; it was thought, sufficient for the day is the evil thereof.

Upon the subject of length of possession, independent of any statute or act of limitations, and independent of the evidences of title; it was strongly contended that quiet possession and improvement for the length of time which had been proved in this case, would secure a right of property against the world, against the crown, and against the sovereign power of the state. That even in England, where the records were more secure than they had been in this state, a grant would be presumed from great length of possession against the crown, and against a previous grant:-not that it was necessary for the jury to believe that a grant had actually been made, but it was on the principle of quieting possession, and settling the rights of property. In sup. port of this position, two cases were cited and read from Cowp. Rep. the one, The Mayor of Kingston upon Hull, v. Horner, p. 102; and the other, Eldridge, v. Knott and others, p. 214, which were considered to be in point, and to be authority in the case. If this were not the case, it was that length of possession, instead of benefitting, would work an injury to the possessors; because the evidence which at an earlier period might have been brought in support of the title, would be worn out by time, and lost to the purpose for which it would once have been conclusive.

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It was now urged as pertinent to the inqury, that as between individuals, if there was long possession and improvement, or consideration paid, it was no matter whether the right accrued by writing or parol, it was such a passing and vesting of property, as would take it out of the statute of frauds, and constitute a good title. To this point, 1 Binn. Rep. 378; and 1 Sergt. and Rawle Rep. p. 80 were cited, and it was contended that in this particular, the analogy would hold as well concerning the Commonwealth as individuals, and that different effect would operate as a fraud and a deception upon the holders, who had been lulled into security by length of time, and in many of the instances had paid a full consideration for the land to those from whom they had purchased.

Declaration of Rights, of 1776, by that of 1790, and the Constitution of the United States. If, therefore, you should be satisfied that this property has gone into the hands of the present occupants, or their predecessors, any law authorising an Inquest of Escheat upon it would be unconstitutional, and any proceedings of an Inquest to that effect, would be oppressive and void. I do not know that it is necessary for me to examine whether the statute of Henry 8th, of England, which extends to this country, and makes the possession of sixty years evidence to title, applies to the present case; or whether our own act of limitations would bar a recovery, since the changes and fluctuations which took place under the Proprietary Government, may present a question somewhat different from that rising under ordinary sovereignties in relation to Escheat. But upon the subject of possession, and the right that accrues by it against even the crown, and the government, it is not out of place to refer to the condition of the Province, and the mode of granting titles to the early settlers, for the purpose of educing the conclusion, that the occupants acquired a title subsequent to the date of the patent, to John Reynolds. In the month of October, 1708, the Proprietary executed a mortgage upon the Province, by which of course, the legal title passed into other hands. In the year 1711, he appointed Commissioners, who were empowered to collect rents, grant lands, and superintend his estate. The will of William Penn, was dated 1712, which was after his death contested. He died in 1718; and although there is some diversity of opinion upon that subject, yet the prevailing opinion seems to be, that from the period of his decease, until the year 1732, the land office was closed; and that previous to this date, no regular system had been obtained in relation to the granting of titles to lands in Pennsylvania; much regard was paid to the verbal agreements of land officers and agents. Great weight and importance were given to improve ments. It was the policy of Penn to get the Province settled and improved by the early occupants; hence he thought proper, so early as the year 1681, to make certain conditions or concessions, that the grantees should settle upon the lands within three years after it should be surveyed and set out to them, or it should be lawful for new comers to settle thereupon. Those terms, The argument of public inconvenience was pressed bewhich were publicly made known, we consider entitled fore the Inquest, and the consequence again adverted to much weight in the present investigation. The to of setting the example by this case of uprooting the Warrant was taken out in the name of one White pane, oldest titles in the State; it was said to be giving enin the month of February, 1687, and in the month of couragement to any informer of mercenary and corrupt May, of that year, the Patent to John Reynolds is da- designs to call together at his own caprice the citizens ted; but a little more than two months elasped between and yeomanry of the country, as parties, witnesses, or the Warrant and the Patent; and, from this fact, togeth.jurors, to establish or disturb the possessors of a centuer with other circumstances, we may reasonably inferry: and finally, in this case, the conduct of the informer that Reynolds never was in this country; that he never was left to be settled between his conscience and his settled the land, agreeably to the original concessions, God, and the Jury were asked to reflect upon their oband consequently, that he forfeited his interest, and the ligations, and decide according to the merits of the case. title passed from the Proprietaries into other hands.[To be Continued.) The remarks of the Counsel are not followed out in this place, but it was argued that the letter of James Steel to William Blackfan, of 1739, was evidence of a previous grant to the settlers from the Proprietor. To this purpose, 1 Dall. Rep. p. 6, and 2 Dall. p. 98, was cited; it was contended that the Patent to Robert Struttle for 500 acres adjoining, and the Patents for a part of the Reynold's Tract, together with the Escheat War. rants granting the right of pre-emption, negatived the presumption that any right existed at this day in the Reynolds family; that the offer of parol testimony upon the subject, by one of the most intelligent inhabitants These were the only criminal cases of much interest of the neighborhood, now 87 years of age; that the set- tried at the Court, or which occupied much time in the tlement and decision of the Board of Property, by investigation. The circumstances leading to these prowhich the long possession of the holders, and the trans-secutions had created great excitement in the minds fers and conveyances of these lands from one to anoth- and feelings of the people of that part of the County in er, were recognized, and by which this property was which they happened. The principle facts were as adjudged to the occupants upon the terms stipulated, follows: -should at this day be final and conclusive against an Inquisition of Escheat in favor of the Commonwealth. That ifthere was an allegation of non-compliance with

The following case being of some considerable interest, from the nature of the facts disclosed, and the importance of several points of law which were decided upon, a gentleman of the bar, at our request, has politely furnished a report of it.

COм. . MAHLON HALL, SMITH PARKER, MOORE M'CLOUD, and ALEXANDER PRICE.-Riot and Assault and Battery on B. Heston.

COM. v. CURTIS TREGO, JOHN TITUS and THOMAS D. WOOLFE. Riot and Assault and Battery on B. Heston.

About eight years ago last spring, Mahlon Hall, one of the Defendants, at the instance of John Griffith, rented the farm and certain personal property of the latter,

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situated in Buckingham township, near Pineville,for the term, as Hall alledged for the life time of J. Griffith and his wife, or the survivor of them, at which time Hall was to deliver up the farm to the Executors or Administrators of Griffith, and account with them on certain terms for the personal property, the improvements made by him, &c. Which allegation was denied by Griffith. In pursuance of the agreement, Hall took possession and continued in possession undisturbed until last spring, when application was made, under the Landlord and Tenant Act, to Justices Shaw and Dungan, of Doylestown-a Jury of twelve men summoned and sworn―the parties heard by themselves and Counsel, Grantham for Landlord, M'Dowell for Defendant, and the said Jury and Justices by their inquisition decided, that the "Term of Mahlon Hall in the premises aforesaid, was not fully complete and ended," and so returned their proceedings in favor of the Tenant. certiorari was issued, and the inquisition aforesaid brought before the Court, April Term, last-various exceptions filed and fully argued at the same time by Grantham and A. Smith for the Landlord, and M'Dowell for Hall. The Court held the same under advisement until the present term. Directly after April Court A. Smith, one of the counsel for Griffith, gave him written directions to go on the premises, and put the aforesaid B. Heston in possession of the same real and personal, and to prosecute Hall, if he attempted to exercise any rights of possession over the saine. Griffith in pursuance thereof, on or about the 4th of May last, goes with Heston to Hall on the premises, and tells him in the presence of others, and tells Hall that he had thereby put B. Heston in possession of the farm and stock aforesaid, and that he, the said Hall, had no longer any rights there, and read to the said Hall a part of the aforesaid written directions. Hall ordered them off of the premises, and threatened them if they did not gothey, however, after performing this ceremony, proceeded to take an Inventory of the goods and chattles, &c. which he had in posession, in pursuance of his agreement. A few days after, the aforesaid Heston arrived with a wagon load of goods, and attempted to put some of them into the house-Hall resisted, and called for assistance, but between Griffith and Heston he was overpowered, and Hesten got in. Hall constantly for bid him the house, and ordered him to leave the premises. Heston and Griffith together forbid Hall in turn the premises, possessed themselves of his stock, farming utensils, &c.—and otherwise obstructed the said Hall in his business. Various suits, civil and criminal, were instituted between the parties and privies-great excitement created in the neighbourhood, and much disorder and bad feeling ensued. On the 4th day of June past, Heston had got into the house, and there was determined to remain. Hall procures the assistance of the Defendants named in the first Bill and some others, and went into that part of the house where Heston then was, and ordered him out, and told him if he did not go they would carry him and his goods all out. Heston refused-the defendants aforesaid and their assistants fell to carrying out his goods, and he not retiring by invitation, was finally picked up and carried out also, with his goods and set down in the highway. In the struggle between the parties, a good deal of violence and force was used on both sides, and when Heston and his goods were carried out, indication on the part of Hall was shown of a determination to defend his possessions at all hazards. Griffith is without children -and Hall and Heston, the contending tenants, are relatives-the one by a former, and the other by a present wife.

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was sustained by the decision of the aforesaid Inquest. Griffith had rented the property to Heston, and was to have given possession on the first of April, which he was anxious to do.

The case was elaborately argued by the counsel on both sides. For the Commonwealth Smith and Pros. Attorney, Ross-for the Defendants, M'Dowell and H. Chapman.

His Honor Judge Fox, delivered a brief, but clear and forcible charge to the jury, in which he simplified and arranged the facts of the case, so as to curtail essentially their labor. In the law which was to govern the case, he was decided, and explicit, and laid down in substance, the following principles:

Your inquiry is whether these Defendants are guilty of a Riot and Assault and Battery on Heston.

The carrying away Hall and his goods forcibly, as was done by these Defts. is in itself a Kiot, unless they were justified in doing so.

The fact of doing so is not denied by Hall, but he says he had a right to do so.

If he had the possession, he had a right to use whatever force was necessary for him to keep it. When a man is once in possession of land, he is not to be put out by force.

Had Hall then the possession? It is agreed all round that he had the possession eight years, and Griffith himself states in his affidavit, that he was in possession rightfully up to the first of April last.

Then, has he since that time parted with his possess. ion? How did B. Heston get possession? Was Hall put out of possession by him? Both were in possession-one or the other was an intruder. When Griffith first came, as he said, to put Heston in possessión, Hall told them positively to go off. Their goods were forced into the houses, and Hall resisted with all the force he had, but he was overpowered.

I have said he had a right to use such force as was necessary to keep him in possession, and if Hall on the instant of Heston's forcing himself into possession, had blown his brains out, he would have been justified. A man has a right to defend his possession even unto death.

But it is contended, that Heston having once got in, even by force, and having remained there for one month or more, Hall had no right to turn him off by force.If Hall was never out of possession, and did not acquiesce in Heston's possession, he had a right whenever he could command sufficient power, to proceed and force him off.

If Hall had not strength sufficient to resist Heston at the time of his forcing himself into possession, he had a right in one day or in one month, whenever he could raise sufficient power, to turn him out, and use what ever force was necessary to do it.

Heston gained no right by his forced possession, he was an intruder.

The Law will not suffer a man to be dispossessed in this summary manner.

Griffith took his proper legal remedy-the jury decided that Hall's lease was not expired. The Inquisition was the judgment of a competent tribunal, and if confirmed, was conclusive evidence of the facts found.

It was Griffith's business to acquiesce in the decision of the Court.

When a man once parts with his right to lands, he has no business there till his lease is ended.

No landlord has a right to go to law, and turn his tenant out by force, even after the expiration of his lease.

Hall had a right to maintain his possession-every Hall and his party were bound over for a riot, grow-man who has possession of property, no odds how, has ing out of the proceedings above detailed, and the main a right to maintain it against all the world by force. question turned upon the possession of parties. Hall, If a man is in possession and another intrudes, he it was admitted, was properly in possession up to the gains no right by his intrusion, if the other resists, and first of April last-at that time Griffith alledged his he is not guilty of any riot in turning him off by force. term was ended, which Hall denied, and which denial

If Hall was justified in turning Heston off the way

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MESSAGE OF GOVERNOR MIFFLIN.

he did, consequently all who acted under his direction are justified.

There is no evidence of a riot against the defendants in the second Bill.

The finding of the jury was not guilty, and the ecutor, Heston, to pay the costs in both cases,

GOVERNOR MIFFLINS' MESSAGE.

[OCTOBER

your benevolence, the expedicncy of making some provision for continuing, during the severity of the winter, the relief, which has been communicated to the depressed and indigent class of our fellow citizens; of whom pros-two hundred families were under the care of the committee for several weeks; and for establishing a perma nent asylum to shelter and maintain the orphans (composing an interesting groupe of one hundred and twen ty-five children) who have been suddenly left dependent on the public bounty. With respect to the latter object, I shall be excused in suggesting, that it affords the auspicies of the Legislature, to that part of the plan, a favorable occasion, to give immediate effect, under for extending the benefits of the Pennsylvania Hospital, which contemplates the misfortunes of suffering and forsaken infancy, as peculiarly deserving our attention and compassion.

In our vol. 2, we commenced publishing a regular series of the successive Governors of this state, from the commencement of the present Government, and had proceeded as far as 1792-when the course was interrupted by other matter-In the present number, the publication is resumed-with the address of Gov. MIFFLIN, for 1793. These documents present annually to view, the prominent subjects submitted to the consideration of the Legislature, and are otherwise interesting memorials which every state ought

to preserve.

FRIDAY, DECEMBER 6th, 1793.

The Senate met according to adjournment.
The Address of the Governor, being called for by Mr.
Smith and Mr. Schmyser, was read as follows, to wit,
"Gentlemen of the Senate, and Gentlemen of the House of
Representatives!

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"Deeming it of great moment to ascertain the origin of the disorder, the extent of its ravages, and the most efficacious means of guarding, in future, against a similar contagion, I have solicited, with that view, the aid of the committee of whom I have just spoken; as well as of the College of Physicians; and their respective sentiments, on the subject, will be submitted to your consid eration. That the disorder was not immediately engendered by any noxious quality of our soil, or climate, but was brought hither from a foreign port, is a circumstance, which, being supported by the opinion of the College, affords a very serious consolation to the mind of every lover of his country: For, the resources of the "The satisfaction that I feel in meeting you, at this state, and the industry of its inhabitants, cannot fail time, is greatly increased, by the opportunity of con- soon to repair the injury, which the commerce of the gratulating you, on the restoration of health to the city city has sustained, and even the calamity itself, if propof Philadelphia. The malignant disorder, which, on its erly considered, may be rendered productive of very approach, occasioned a sudden adjournment of the last salutary effects. In order, forcibly to impress this senti session of the Legislature, produced, luring its contin- ment, I have issued a proclamation,requesting our fellow uance, a complicated scene of terror, wretchedness citizens to set apart a day for general humiliation,thanksand mortality. The lamented loss of many valuable citi- giving and prayer; and, I am persuaded, that, in so dozens; the unexpected impoverishment of many indus-ing, I shall receive all the advantage of your approbatrious families; the accumulated list of widows and or- tion and support. phans; and the total derangement of public and private business, are obvious effects of the calamity, for which, in Pennsylvania, and in most of our sister states, every sentiment of sympathy has been expressed, and every source of liberality displayed.

"But with you, gentlemen, it yet remains to institute such regulations as shall be calculated effectually to protect us from the introduction of those malignant disorders, to which, as a consequence of our encreasing intercourse with foreign nations, we become daily more "It is but just, however, on this occasion, to pay a par- exposed. The instructions that have been issued, by ticular tribute to the benevolent exertions of those citi- virtue of the act that was passed during the last session, zens, who, in the hour of extreme distress (when the will be laid before you; together with an account of the ordinary powers of the Police of Philadelphia, had be- proceedings and expenses in the health-office, since come inadequate to the exigency of affairs, and the the first of January preceding. But, it is obvious, that, wonted spirit of the inhabitants, could no longer yield for this department, a system more extensive, and more a support against the surrounding danger) were form-efficient is still necessary to the public safety, and reed into a committee, for the relief of the poor and afflic- quires the immediate sanction of legislative authority. ted; and, in the execution of that trust, with equal for- Among many practicable improvements, it is thought titude and philanthropy, stemmed the torrent of sick-essential, that every vessel from beyond sea should be ness and despair. To their judicious arrangements, and liable to examination before she shall anchor near the unremitting labours, under the influence and favour of city, whatever may be the number, or condition, in DIVINE PROVIDENCE, we must ascribe, not only an im- point of health, of the persons on board: that a compeportant alleviation of the calamity; but, while it lasted,tent allowance should be made, for fixing the residence the security of private property, and the preservation of a health-office, and a physician, contiguous to the of the public peace. When, therefore, you shall re- place appointed for such examination; and that the pestview the report, which they have enabled me to lay be-house should be constantly supplied with a steward, a fore you, I am confident, that besides uniting in a cor- matron, and proper nurses. If, in addition to an instidial acknowledgement of their services, you will cheer-tution, thus regulated, an Hospital, easily accessible by fully bestow any legislative sanction that may be wanting to their measures, and provide any fund that may be requisite to indemnify them against the costs of their disinterested undertaking.

land or water, and situated in the neighborhood of the city, were established, for the accommodation of those, who may, at any future period, be attacked by a contagious disease, the danger, and the apprehension of dan. "It is probable, indeed, that the amount of the charita-ger, would, in a great measure, be removed. I am well ble contributions, which exceeds, in money, the sum of assured, indeed, that to the want of this auxiliary for twenty-two thousand dollars (independent of the value the Health-office, may be ascribed, much of the alarm of a considerable supply in specific articles, and of a and mortality that prevailed, at an early stage of the guarantee for obtaining more money, if necessary, by disorder. way of loan) will be sufficient to defray the actual expenses of the committee, which amount, upon the general estimate, to a sum not less than twenty thousand dollars: but still, permit me to press as a claim upon

"Recollecting the extensive scene of business which my former communications, as well as the records of the Legislature, will present to your consideration, I shall not, gentlemen, detain you any longer, at this time, than

1831.]

MESSAGE OF GOVERNOR MIFFLIN.

is necessary, cursorily to present the state of some of the principal matters, that have been referred, by law, to the agency of the Executive; and to bring to your view those objects, which appear to require an immediate attention.

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on account of the defects in the law, and others on account of the limitation of the period, allowed for presenting the returns of the Commissioners, you will, probably, deem it a public accommodation, not only to explain the terms of the future, but to renew the loan of the current year. Pursuing the legislative directions, the money was procured from the Bank of Pennsylvania: but, finding a competent surplus of unappropriated specie in the public treasury, I have taken advantage of the power, with which I was evidently invested, to prevent an accumulation of interest, by a re-payment of the whole of this loan. It has not hitherto, however, been convenient to discharge the prior loan, of two hundred and fifty thousand dollars, obtained from the same bank, to complete the price of the shares, which the public holds in its capital stock; but, aided by the Land-office (which, notwithstanding the late suspension of business, has produced the sum of twenty-seven thousand six hundred and ninety-five pounds, and fifteen shillings, since the twenty-fifth day of August last) and the other resources of the state, I think it probable, that this desirable object may, likewise, be shortly accomplished.

"In reviewing the transactions that have taken place, during the recess of the General Assembly, I lament, that, notwithstanding the humane and liberal solitude of the Federal Government, to accomplish a peace with the hostile Indians, the treaty lately held at Sandusky has proved abortive, and a prosecution of the war, upon every principle of policy, and self-defence, has become inevitable. You will perceive, by a copy of the President's communication on the subject, which I have directed the secretary to deliver, that the manner of conducting the negotiation on the part of the enemy, was as inauspicious, as the condition, exclusively proposed for the basis of a reconciliation (which circumscribes and regulates the north-western boundary of the United States, by the course of the river Ohio) is extravagant. Conformably, therefore, to the intimation which I received, the proper officers of our frontier counties were apprised of the necessity of exercising all their skill and vigilance, for the purposes of protection "Of the progress in the improvement of the public and defence; they were authorised, in case of an actual roads, and the inland navigation of the state, you will invasion, or imminent danger of an invasion, of the ter- receive satisfactory information, from the reports of the ritory of the state, to make such drafts from the militia, agents, and from the other documents, which I have as the exigency should require; and they were instruc- instructed the Secretary to lay before you. As the ted, by virtue of the discretionary power, which the annual appropriation for such uses, was, however, relaw creates, to continue the three rifle companies in ser- voked by a late law, I shall particularly direct my attenvice, till the opening of the present session. The last tion to enforce the execution of all the existing conof these measures; an inconsiderable draft from the mi-tracts; so that, for the purposes of encouragement, as litia of the county of Allegheny; and a voluntary exer- well as of information, the benefits produced by the tion of the inhabitants of the county of Westmoreland; expenditures, which the Legislature has occasionaly by seasonably allaying the apprehensions of the citi-authorised (amounting, since the adoption of the prezens, have undoubtedly prevented the desertion and sent constitution, to the sum of forty-seven thousand desolation of several valuable settlements. Whatever, seven hundred and eighty-four pounds six shillings and indeed, may be the issue of the campaign, in which the six pence, exclusive of the allowance to Agents and Federal army is now engaged, similar precautions will Surveyors) may be ascertained in the course of the enbe requisite, for the same purpose, on the ensuing suing year. In the mean time you will have an opporspring; and are recommended to your immediate atten- tunity to consider the special surveys, which have been tion, by the most interesting considerations of duty and returned by the respective Commissioners, appointed humanity. I shall, therefore, only add here, that the in pursuance of the act of the eleventh day of April; account of the disbursements, which have been already the objections which are offered to some of those surmade, for the defence of the frontiers, will be presented, veys; the deviation formerly recommended to be made agreeably to the directions of the act; and, I am confi- in the course of the Pittsburgh road; and the expediency dent, you will not think, that the expense has exceed- of a revision of the general laws, concerning the public ed the importance of its object. highways. The causes which were originally assigned, as justification of the delay in laying out the town at Presqu' Isle, and the road from Reading to that place (although some preparatory steps have been taken in exploring the road) are strengthened by the issue of the late negotiation with the Indians, If, therefore, you contemplate those plans, as of immediate importance, it will be necessary to provide adequate means, for the protection and safety of the Commissioners, who are employed to execute them.

"A statement of the charges, that have arisen from the recent establishment of a fort at Mud-Island, will, likewise, be exhibited to you: but, while I perceive the propriety of maintaining that station, for those national purposes, which were mentioned in my last communication to the Legislature, I am convinced, that, as well from motives of economy, as of convenience, the existing mode of supplying the men for the garrison ought to be changed. Under this impression, I submit to your consideration, the expediency of providing for the appointment of a commandant and party, to be permanently employed; and should the proposition meet with your approbation, I cannot doubt its obtaining any sanction which may be necessary from the Federal Government, whose measures it is, principally, intended to pro

mote.

"To the several subjects incidentally introduced in the course of this statement, permit me now, gentlemen, to add others, which, as I before observed, will require the interposition of the Legislature; and on which, I am confident, your wisdom and industry will be usefully and seasonably exercised.

"As every transaction that is connected with our Fed

"The arrangements respecting the Loan-office re-eral Compact that relates to its principles and construcquire a revision. The embarrassments that attended the organization of the institution, have been already represented to the Legislature, and may be regarded as one cause of the inconsiderable amount of the sum that has been borrowed throughout the counties; which, payable in bank post notes, is no more than eight thousand six hundred and twenty-nine dollars and forty-seven cents; and, payable in specie, is no more than two thousand seven hundred and eighty-three dollars and thirty-three cents, making the aggregate sum of eleven thousand four hundred and twelve dollars and eighty cents. As some applicants have been disappointed

tion, or effects its popularity and preservation, must be deemed of primary importance, I take the earliest opportunity, at the request of the Lieutenant Governor of Massachusetts, to present to your view, the proceedings of the Legislature of that state, on the claim of jurisdiction made by the Supreme Court of the United States, to compel her to appear and answer, as a defendant, in a suit instituted against her by an individual citizen of another state. The discussion of the question, which this communication involves, will unavoidably lead you to consider, even though the power, thus claimed (and supported, indeed, by a decision in another cause, of a

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MESSAGE OF GOVERNOR MIFFLIN.

similar nature) has been legitimately delegated by the constitution to the Supreme Federal Tribunal; whether experience, the attributes of state sovereignty, and the harmony of the Union, do not require that it should be abolished: but, whatever may be the result of your deliberations on that point, you cannot fail to observe, with virtuous satisfaction, and patriotic pride, that, while an attempt to reform the political systems of other countries, is generally opposed by all the arts of corruption, and embarrassed by all the miseries of intestine tumult, the American government happily provides, under circumstances equally free from influence and fear, for the explanation of whatever may be thought ambiguous, and the amendment of whatever may be found erroneous, in the excellent instrument by which it is delineated.

"Before the present session is adjourned, your attention, gentlemen, will be required, as well to regulate the mode of electing representatives in Congress, as to apportion the representation in the state Legislature, | conformably to the rule declared in the fourth section of the first article of the constitution. The enumeration of the taxable inhabitants, for the latter purpose, has not, however, been yet received. A measure that must be so beneficial to the community, as the institution of public schools, cannot, I am persuaded, require a constitutional injunction, to secure your regard; nor, while the means of diffusing useful knowledge shall be consulted, will you neglect to provide a competent support for the seminaries and teachers of the higher branches of science and literature. The system of our penal law, is still susceptible of some improvement; and I think the law which respects creditors and debtors, might be so meliorated, as to alleviate the severity, to which the latter are exposed, without impairing the justice, that is due to the former. The militia act requires considerable amendments, to render it efficient and satisfactory: some regulations for the assessment and collection of county rates and levies, are indispensable: and the general wish of our constituents claims the early establishment of a moderate fee bill. I have, on other occasions, suggested the propriety of seasonably providing against the inconveniency, which will eventually attend the issuing warrants for a greater quantity of land, than remains the property of the state; as well as for ensuring the payment of the stipulated price, at the time of application: and it cannot escape your observation, that some precaution will be necessary to prevent the mischievous controversies, which may hereafter be the consequence of intrusive settlements upon located, though distant, tracts of land.

Besides referring these topics to your consideration, permit me to remind you, that the act for extending the time allowed to obtain patents on old warrants and locations; the acts providing for the temporary defence of the western frontiers and the river Delaware; the act supplementary to the general law for preventing pestilential diseases being brought into the state; the act for transferring the powers of the late, to the present, Ex. ecative; the act for regulating the exportation of potash and pearl-ash; the act for establishing a Board of Wardens at the Port of Philadelphia; and the act for the suppression of vice and immorality; will all require a review, on account of the legal limitation of the respective terms of their continuing in force.

(OCTOBER

ury at the close of the preceding year, will constitute a sum of seven hundred and fifty-seven thousand seven hundred and forty-nine dollars and eighty-nine cents.The public expenditures, during the same term (inclu• ding, among other things, the expenses of government, the redemption of the public debt, and the subscription to the capital stock of the Bank of Pennsylvania) have amounted to the sum of seven hundred and one thous and six hundred and twenty-eight dollars: and, conse. quently, at the commencement of the present month, the surplus money in the treasury amounted to the sum of fifty-six thousand one hundred and twenty-one dollars and eighty-nine cents. But, besides the receipts in specie, you will find an accumulation of a considerable quantity of bills of credit; which wait the customary order of the Legislature to be destroyed.

"The sources from which the commonwealth draws her pecuniary supplies, being, at length, cleared from embarrassment, doubt, and disappointment, will, I am persuaded, be guarded and preserved, with all the care of a prudent and wholesome economy. The principal of these, arising from the dividend on the public shares in the Bank of Pennsylvania, which form a capital of one million of dollars, will, probably, produce a sum nearly adequate to defray the incidental expenses of government, as soon as it shall be discharged from the interest payable on the money, that was borrowed to complete the state subscription. For that purpose, as I have before observed, the land-office (which promises a long continuance of profit) cannot fail to furnish an ample fund. The product of the permanent taxes on licenses, writs, and official certificates issued under the seal of the state, is of an increasing nature. And the arrearages of taxes, if properly divided into instalments, and the manner of collecting them is rendered more efficient, may still be considered as a valuable resource. "It is proper, however, in this place, to inform you, that a communication from the Secretary of the treasury represents, that in the report of the Commissioners for settling the accounts between the United, and the individual, States, a balance of seventy-six thousand seven hundred and nine dollars is declared against the state of Pennsylvania.

"The principal objects, for the public service, which require an appropriation, have been already suggested; and the amount of the certificates, that have been issued for unfunded debt, liquidated during the recess of the Legislature, will be exhibited to you, in the Register General's official report.

"Gentlemen of the Senate, and Gentlemen of the House of Representatives.

"As citizens and legislators of an important member of the Union, you cannot regard, with indifference, the proceedings of the General Government; nor the effects of foreign transactions, upon the tranquility and prosperity of the United States. However distinct the Federal and state jurisdiction may, theoretically, appear to be, they will, in practice, be found mutually dependent, and mutually interesting. If they are guided by a correspondent policy, each is happily calcnlated to strengthen and adorn the other; but the want of harmony in either operations, must be alike enervating and injurious to both. At a period so critical as the present, this great political truth cannot be too generally diffus"Gentlemen of the House of Representatives! ed, nor too publicly avowed. The dignity, the energy, and, perhaps, the peace of our country, depend, not "The proper officers will deliver to the Legislature only upon the wisdom of those, to whom the administraa general statement of the public finances, at the period tion of our national affairs is immediately entrusted; but prescribed by law. In the meantime, however, it may upon the sense, which the people shall manifest of their be useful to inform you, that between the first of Janu- conduct, and the support, which they shall derive from ary, and the thirtieth of November last, the revenues of the constituted authorities of the individual states. For the state have produced a specie sum of four hundred my part, I have uniformly considered a prompt co-opeand eighty-two thousand and twenty-six dollars and ration, in all the constitutional measures of the General eighty-five cents; which, being added to the balance of Government, as an important duty; and therefore, I cantwo hundred and seventy-five thousand and twenty- not close a recapitulation of subjects deserving legisla three dollars and four cents, that remained in the treas-tive attention, without anxiously recommending the

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