the proceedings of the magistrates were thus found fault with, that they must not defend themselves against thieves and robbers, merchants would be discouraged of coming here with their vessels, &c. and I except against James Fox, because the first day after Babbit and his company were taken, I being at Sam Carpenter's, there was governor Lloyd, James Fox, and several others, and in discourse concerning the taking of the said privateers, James Fox greatly blamed William Walker, because he found fault with some justices that were Quakers, for commanding men, and as it were pressing them to go against the said privateers; and also James Fox joined with Thomas Lloyd in saying, he would mark them as enemies to the government and well being of the province, who were neutral in the case of going against Babbit and his crew; by which instances I think it appears that these two persons have prejudged the cause that is now to come before them. Joseph Kirle acknowledged that he had spoken such words, and desired to be discharged; but the court would not allow of the exceptions. Clerk. These are no exceptions in law. Attorney. Hast thou at any time Heard them say that thou printed that paper? for that is only what they are to find. Bradford. That is not only what they are to find, they are to find also, whether this be a seditious paper or not, and whether it does tend to the weakening of the hands of the magistrates. Attorney. No, that is matter of law, which the jury is not to meddle with, but find whether William Bradford printed it or not, and the bench is to judge whether it be a seditious paper or not, for the law has determined what is a breach of the peace, and the penalty, which the bench only is to give judgment on. Justice Jennings. You are only to try, whether William Bradford printed it or not. Bradford. This is wrong, for the jury are judges in law as well as the matter of fact. The attorney again denied it; whereupon some of the jury desired to know what they were to try, for they did believe in their consciences, they were obliged to try and find whether that paper was seditious, as well as whether Bradford printed it; and some of them desired to be discharged. A great noise and confusion among the people. Some on the bench showing their willingness to allow of Bradford's exceptions to the two jurors, justice Cook said, 'I will not allow of it; is there four of us of a mind? Then the attorney read the 9th, 10th, 11th and 12th articles of the said printed appeal, &c. and commented thereupon, and then said, William Bradford is presented for printing and publishing this seditious paper, whereof you of the jury are to find him guilty, if it appears to you that he has printed it. Bradford. I desire you of the jury, and all men present, to take notice, that what is contained in this paper is not seditious, but wholly relating to a religious difference, and asserting the Quakers ancient principles, and it is not laid down positive that they ought not to have proceeded against the privateers, but laid down by the way of query for the people called Quakers to consider and resolve at their yearly meeting, whether it was not a transgression of the Quakers principles to hire and commissionate men to fight? that was one act which they prosecuted William Bradford upon. George Keith answered the attorney, "It may be observed the singular and extraordinary severity of those justices, cailed Quakers, who will pick out a statute made in Old England, and prosecute a man upon it here, which might ruin him and his family, though it's not certain whether that act be in force; most of William Penn's and the Quakers books were printed without the name of the printer, when that act was in force, and yet we never heard that any printer in England was prosecuted for that; these here because they cannot fix the matter to be any breach of the peace they'll prosecute the printer for not putting his name to what they suppose he printed." Note. That all the time those persons were on trial, the grand jury sat by them, overawing and threatening them, when they spoke boldly in their own defence, and one of the jury wrote down such words as they disliked, signifying that they would present them. Justice Cook bid them take notice of such and such words, thereby overawing the prisoners, that they had not liberty to plead freely, When Thomas Harris, at the request of the prisoners, began to say something to the matter, they stopt him, and bid an officer take him away, and Arthur [justice] Cook said, that he should plead no more there. After a long pleading, D. Lloyd, their attorney, began to summons up the matter to the jury, and concluded by saying, It was evident William Bradford printed the se ditious paper, he being the printer in this place, and the frame on which it was printed was found in his house. Bradford. I desire the jury and all present to take notice, that there ought to be two evidences to prove the matter of fact, but not one evidence has beer brought in this case. Justice Jennings. The frame on which it was printed is evidence enough. Bradford. But where is the frame? There has no frame been produced here; and if there had, it is no evidence, unless you saw me print on it. Justice Jennings. The jury shall have the frame with them; it cannot well be brought here; and besides the season is cold, and we are not to sit here to endanger our health. You are minded to put tricks upon us. Bradford. You of the jury, and all here present, I desire you to take notice, that there has not one evidence been brought to prove that I printed the sheet, called An Appeal; and, whereas they say the frame is evidence which the jury shall have; I say, the jury ought not to hear, or have any evidence whatsoever, but in the presence of the judges and prisoners. Yet this was nothing minded, but Sam [Justice] Jennings summoned up to the jury, what they were to do, viz. to find, first, whether or not, that paper called the Appeal had not a tendency to the weakening the hands of the magistrates, and the encouragement of wickedness? Secondly, whether it did not tend to the disturb ance of the peace? And, thirdly, whether William Bradford did not print it, without putting his name to it as the law requires? The jury had a room provided for them, and the sheriff caused the frame to be carried in to them for an evidence that William Bradford printed the Appeal, The jury continued about forty-eight hours 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 the meeting? Bradford. Because it might be perused and considered of by friends before the meeting, even as the bills that are proposed to be passed into laws, they are promulgated a certain number of days before the assembly meets, that each may have opportunity to consider them. Then the attorney read the act against printing any books without the printer's name to them, and he said, dences to find a man guilty? To answer this question, the attorney read a passage out of a law book, that they were to find by evidences, or on their own knowledge, or otherwise; now, says the attorney, this otherwise is the frame which you have, which is evidence sufficient. Bradford. The frame which they have is no evidence, for I have not seen it; and, how do 1, or the jury, know that, that which was carried into them is mine? * Called by printers form, containing the pages in An act of the British Parliament. 11 Car. 2 cap 33. I types. Bradford was interrupted; the jury were sent forth again, and an officer commanded to keep them without meat, drink, fire, or tobacco. In the afternoon the jury came into court again, and told, they were not like to agree; whereupon the court discharged them. Bradford then said to the court, that seeing he had been detained so long a prisoner, and his utensils with which he should work had been so long kept from him, he hoped now to have his utensils returned, and to be discharged from his imprisonment. Justice Jennings. No! Thou shalt not have thy things again, nor be discharged; but I now let thee know, thou stands in the same capacity to answer next court as before. state money taxes, and arrears of purchase money in landoffice, per articles 21st, 22d, and 38th, are appropriated and fully sufficient to redeem the state bills of April 1781, and certificates issued for horses, &c. in 1780, per articles 11th and 36th. 6th. The marriage and tavern licenses are allotted for the payment of the judges salaries, per article 23d. 7th. The excise for the payment of interest on the depreciation certificates, per articles 24th and 27th. 8th. The continental, resolve, and commonwealth money are fully stated in articles 29th and 30th. 9th. The accounts of depreciation and funded debt certificates are made out from the best documents I could procure, per articles 27th and 28th. The balance Next court being come, Bradford attended, and de- due on these certificates is 1417,227 9 0, including the essired to know, if the court would let him have his uten-timated amount of those unfunded, which are consolidatsils, and he be discharged? ed agreeably 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. Bradford. The law will not release them unless exe cuted. to 1.25,033 12 11. This state's proportion of state debts assumed by the 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 5,316 have it. 71 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 present claims 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 fund on those sworn, well and truly to try, and true deliverance make debts. between the proprietor and prisoner, it is not illegal, to absolve them from their oaths, dismiss them, and put the cause to trial to another jury?" STATEMENT OF THE PUBLIC ACCOUNTS, Of the Commonwealth of Pennsylvania, from the 1st of October 1789, to 30th September 1790. Taken from the books in the Register General's Office. Agreeably to the duties of this department I have the honour to lay before the honourable committee of ways and means, a state of the annual accounts of this commonwealth, from the 1st of October 1789, to the 30th of September 1790. It is with regret I inform the committee, that it does not comprehend an accurate state of many important objects; nor will it be in my power to give a complete state of the finances until the books of the Comptroller General's office are made up and settled to 28th March 1789, and the balances regularly furnished this office, as directed in the acts of 28th March and 30th of September 1789, and 1st of April 1790. I beg leave to offer some general observations which tend to explain some part of this statement now before you. 1st. The balance due on the Loan office of £50,000 per article 3d, being specially appropriated for the redemption of the bills of credit of March 1785, will leave only 1.26,054 17 4 of the 1.53,709 1 9, per article the 6th, in circulation, to be provided for, which have charged in the estimate for the present year, per article 43d. 2d. The account claims and improvements, per article the 15th. There have already been drawn on this fund, warrants to the amount of 13,655 7 11 more than the sum appropriated by law, which will remain unpaid un til the 1.5000 annually set apart for this purpose, can be taken from the general revenues, when onfy 1,344 12 1, will remain unappropriated. 3d. Of the money for the improvement of roads and inland navigation, per article the 16th. Of this there remains a balance of 1.8,642 13 8, which has been used for the general purposes of the state, and will take some time to replace. 4th. The loan-office of 1 150,000 being appropriated for the redemption of the bills of June 1780, called dollar money, per articles 19th and 26th. The balance is fully equal to that purpose. 5th. The general revenues in state money, arrears of VOL. II. 10 10th. The new loan debt is taken from the Comptroller-General's former statement, per article 34th. By an act of April 1790, these certificates received in exchange for continental certificates were to be delivered monthly to this office, and cancelled, of which none have yet been received. 11th. Article 33d exhibits an account of the continen tal and new loan certificates received in the land-office, per article 17th, and paid by the Receiver-General to the Comptroller-General, and his supposed amount on loan the balance is what the Comptroller-General hath to account for, besides what he may have received for other property and debts of this state, of which I could obtain no account. He has paid to the state treasurer $302,643 99 cents, and there is yet to be paid 1.334,138 10 8, on which, as well as that already paid the Treasurer, interest will be calculated to the 31st December 1787. 12th. The account of indents, per article 31st, states the amount of indents that the Comptroller has or will receive, on the exchange of certificates, taken from the payments of interest made at the treasury on the new loan debt, and the balance to be paid, as he will receive an equal amount in indents as interests paid on said certificates. The interest on the continental and new loan. certificates, per article 32d, is carefully calculated from the respective dates of interest to the 31st December. 1787; the balance shows the indents he will have to pay this is confined to those he received from the land-of fice, taken from the Receiver-General's accounts. 13th. The arrears of specie taxes are stated in article 41st, balance outstanding, 7201,945 13 4. It was my intention to have stated an account with the respective counties for each year, but not being able to obtain all the County Treasurer's accounts, I have confined myself to those from the year 1785 to 1789, per schedule B. and the accounts with the respective counties. Of these taxes 194,009 0 8 are due from 1785 to 1789, and 107,936 12 8 for the years 1781, 1782, and 1783; the latter may probably undergo some further deductions, regular returns not being made of all the exonerations by law. The counties are bound to make up their que tas. The sum brought into the treasury from October 1789 to September 30th 1790, is 1.82,833 9 2, per schedule A, some thousand pounds more than the preceding thirteen months produced. I have in the estimate, under the 43d article, computed that 79,738 1 6 may be expected into the trearury in the course of the year. 14th. Under the 42d and 43d articles, I have made an estimate of the general revenues and expenses for the year 1791, by which it appears that fully and honourably to comply with the claims on the state, a farther sum than arrears of taxes and imposts, and interest from the United States, will be necessary. Having stated them generally under the above two articles, have again classed them under four heads, which, with great deference to the superior judgment of the committee, I beg leave to submit. I. By several acts of the legislature, the taxes from 1785 to 1789, and impost, were appropriated for the payment of the interest on the new loan debt, and burning 1.20,000 annually of the bills of March 1785; and by another act, the loan-office of 1.50,000 principal was specially appropriated for the redeeming of said bills I therefore propose holding these funds to the above purposes until the whole of these debts are extinguished, by which an instant appreciation of the bills of credit of 1785 may be reasonably expected, and the state not subject to a discount allowed on all her expenditures, except to the officers of government. To the amount of bills in circulation, per article 6th To balance of interest on debt, 31st, new loan By ditto on indents, per Surplus, to be applied to other purDeduct one fourth, as only poses after these objects are accomplished 48,041 8 0 three quarterly payments will be due 1st Oct. 1791 CR. 17,905 4 0 15,009 5 0 1,601 18 9 12,663 14 5 5241 9 7 17,467 10 7 54 4 10 22,763 5 0 5,690 16 3 125,663 5 1 17,072 8 9 £32,081 13 9 8,950 16 7 By arrears of taxes from 1785 to 1789, per schedule B. By balance on impost By ditto, due on loan office 1.50,000 per article 3d, II. The grant to the late Proprietaries. This debt being large, for which warrants to a very great amount have been issued that remain unpaid, and may, if not guarded against, interfere with any plan of arrangement of the finances that can be made. It is therefore proposed to fund this debt, and secure the interest quarterly out of the interest to be received from the United States, or discharge the principal and interest with the six per cent. of the said certificates. To amount of principal due, per article 12th, including the whole instalment Pensions to widows and children of officers of the Pennsylvania line and militia, and disabled officers, &c. One year's interest on funded debt, per article 28th Balance of Island Money, and 4 years' interest Ditto interest notes, ditto 855 18 0 178 0 7 10,000 0 0 £51,063 6 To sundry warrants issued before the 10th April 1789, that remain unpaid CR. By this sum, which may be expected 15,000 0 a 38,472 18 9 £53,472 18 9 By this sum taken out of the certificates of the United States, bearing interest at six per cent. per article 33d 184,196 8 2 By ditto, to discharge the interest III. Civil List. Agreeably to the foregoing statement, it would ap pear that all the appropriations would be fully equal to 26,698 17 10 the claims on them, except the fourth head, where a tax 210,895 6 0 is proposed. It may possibly be considered as improper to lay a new tax while such heavy arrearages are due on the old, or until the quotas of the counties shall be more exactly proportioned. In either case, the deficiency may be supplied by the state borrowing 30 or £40,000 on the funds she possesses. After another year, if the collection of the taxes is pressed, and the appropriations strictly attended to, a small tax will be sufficient, and the receipts at the treasury will be in specie. Several productive funds will be released, which may be applied to such improvements as the Legislature, in their wisdom, think proper. I have the honour to be, with great respeet, your most obedient, most humble servant, JOHN DONALDSON. Register General's Office, December 13, 1790. To the Honourable Committee of Ways and Means. ARTICLE NO. I. Dr. The Expenses of Government from the first of October 1789, to the 30th of September 1790, and the Funds specially appropriated for the support thereof. To balance deficient per last annual statement To civil list, consisting of salary to the President and Vice President of the state, pay and milage of members of Council from the 1st of October 1789, to the 30th September 1790, The President Vice President City York Chester Berks Clerks, Sergeant at Arms,and Doorkeepers do This sum to defray sundry incidental expenses Pay and milage of members on warrants issued before 10th £3,331 9 7 April 1789, Richard Peters 61 0 0 43.10 0 500 0 0 201 15 0 His clerk, 332 16 1 274 15 0 -832 16 1 249 0 0 220 10 0 Bedford 218 17 O 202 10 0 157 4 0 His clerk, William Bradford, Esq. Attor ney-general, on warrant issued before the 10th April 1789, for 11 months salary, to 1st March 1789, Ten months salary, to 1st Seven months do to 1st Au 200 0 0 -1000 0 0 229 3 4 208 6 8 145 16 8 583 6 8 17,587 188 53 10 0 27 15 0 J. Smiley, 60 15 0 N. Dennison, G. Woods, 18 0 0 49 15 0 239 15 0 1500 0 0 City and County 859 10 6 Lancaster 530 2 0 Messrs. Hall and Sellers, Steiner, Brown, Humphreys, Bradford, Bailey, Billmeyer, Dunlap and Claypoole, sundry printing for the House of Assembly, Dunlap and Claypoole, printing proclamations for declaring electors of President, &c. Francis Bailey, advertising taxes in Huntingdon, Franklin, and Northampton counties, Griffith Owen, for cleaning and repairing State-house clock, Robert Leslie, for do. do. Joseph Dalby, for ringing bells on proclaiming of the President, John Donaldson, Esq. RegisterGeneral, to defray sundry expenses of his office, Lord Butler, Esq. expenses re moving Franklin, a state pri 923 17 6 Valentine Hoffman's account, repairing artillery carriages, in Dec. 1789, Paid repairing a cart, for use of the hospital at Province Island, Paid George Brunnings, for cutting branding irons, &c. for inspection of pot and pearl ash, John Nicholson, Esq. for depreciation on sundry sums he paid on account of the state, in specie, and 'repaid him in paper currency, per account, David Rittenhouse, Esq. sundry commissions on monies passed the treasury since last settletment, This sum advanced Charles Biddle, Esq. to defray sundry expenses, consisting of pay 44 1 0 906 2023 18 5 Auction duties, from City, Liberties and township of Moyamensing, do. do. City and county, carriage tax, 1,274 16 6 Interest from loan-office for £50,000 principal, from Oct. 1st, 1789, to Sept. 30th 1790, This sum taken from impost, being in part of the protecting duties applied to the support of government, per act of 20th March 1783, GAME LAWS. 5,496 14 10 £23,343 6 8 MR. HAWKINS, from the Judiciary Committee, to whom was referred a petition signed by a number of the citizens of Potter county, reported: The petitioners set forth that they are settled in a new country, in reducing which, to a state of improvement and cultivation, they undergo many privations, and much hardship; and in many instances have to depend upon the wild animals, particularly the deer, for food. That those animals, so valuable for food, are the prey of every hunter who may choose to come into the county to shoot them, and that they are in groat danger of being |