USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XIV > Part 22
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GENTLEMEN :- The inclosed papers, and 'several circumstances similar to those mentioned therein, shew the propriety of appoint- ing an officer to the care of estates, real and personal, which de- volve to the Commonwealth in the nature of escheats.
We entertain some doubts respecting our authority to make such an appointment without the approbation of the General Assem- bly.
JOHN DICKINSON.
Council Chamber, Philadelphia, December 1st. 1784.
The Council met.
PHILADELPHIA, Thursday, December 2nd, 1784.
PRESENT :
Honorable JAMES IRVINE, Esquire, Vice President.
John M'Dowell, Isaac Meason,
Charles Biddle, John Neville,
Stephen Balliot,
John Woods, and Esquires. George Wall,
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Jonathan Hoge, Daniel Heister,
An order was drawn upon the Treasurer in favor of James Dun- can for the sum of thirty-nine pounds one shilling and three pence specie, in full for his services as Clerk in the Comptroller General's office until the thirtieth day of November, 1784, inclusively.
A report from Henry Slaymaker and William Boyd, of the evi- dence taken by them concerning the disputed election of Justices for the district of Bart and Colerain, in the county of Lancaster, in pursuance of the order of this Board of the first of September, 1784, was read ; and the same being considered, it was
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Ordered, That the complaint against the said election be dis- missed, and the commission to Joseph Miller be confirmed.
An order was drawn upon the Treasurer in favor of the Honora- ble John Woods, for the sum of twenty-nine pounds seven shillings and six pence specie, in full for his attendance in Council until the thirtieth of November, 1784, inclusively, and his mileage coming' to Philadelphia.
The Council met.
PHILADELPHIA, Friday, December 3rd, 1784. PRESENT : His Excellency JOHN DICKINSON, Esquire, President. The Honorable JAMES IRVINE, Esquire, Vice President.
John McDowell, Isaac Meason,
Charles Biddle, John Neville,
Stephen Balliot, John Woods, and
Esquires.
Jonathan Hoge, Daniel Hiester,
An order was drawn upon the Treasurer in favor of Peter Burk- holder, for the sum of five pounds, State money, in full of his cer- tificate for provisions furnished for public use, to be paid out of the fund appropriated by resolution of the General Assembly dated the eighth day of April, 1782.
Timothy Taylor and Joshua Anderson reported to Council the evidence taken by them concerning the disputed election of Justi- ces for the district of Milford and Richard townships, in the county of Bucks, and the same being read and considered, it was
Ordered, That the complaint be dismissed, and that George Weickart, Esquire, be appointed and commissioned to be a Justice of the Peace for the said county of Bucks.
The Council met.
PHILADELPHIA, Saturday, December 4th, 1784. PRESENT : His Excellency JOIN DICKINSON, Esquire, President. The Honorable JAMES IRVINE Esquire, Vice President.
John McDowell, Isaac Meason,
Charles Biddle, John Neville, and Stephen Balliot, Daniel Heister, 1 7 Esquires. Jonathan Hoge,
A letter from Charles Thomson, Esquire, informed that the Uni- ted States, in Congress assembled, have elected his Excellency Rich-
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SUPREME EXECUTIVE COUNCIL.
ard Henry Lee, Esquire, to be their President for the ensuing year, was read and filed.
A draft of a message to the General Assembly was laid before Council, and the same being read and considered, was adopted, as follows, and presented by the Secretary, vizt :
A message from the President and the Supreme Executive Coun- cil to the General Assembly.
GENTLEMEN :- Having received authentic intelligence that a pur- chase has lately been made by our Commissioners from the Six Na- tions, of all the lands not before bought from them, within the limits of this State, and having reason to believe that the purchase will soon be compleated by a conveyance from the Western Indians of their right ; our attention has been turned towards the execution of two laws depending upon such an equitable establishment of our boun- daries, we mean an act entitled "An Act for the sale of certain lands therein mentioned," &ca., passed the twelfth day of March, 1783, and the act intitled " An Act for opening the Land office," &ca., passed the first day of April, 1784.
'The principles of these laws we generally and highly approve, but as we think some alterations proper for producing all the bene- ficial effects intended by the Legislature, we earnestly wish your revision and amendment of them.
In considering these laws, objects of immense importance to the good people of Pennsylvania, and their posterity, are brought into view.
It appears, by a state of the public debts which we have received from the Comptroller General, and now inclosed, that there are up- wards of two millions and a half of dollars due by the Common- wealth, and more than five millions and a half due to citizens and inhabitants of this State by the United States. By a judicious disposition of the lands directed to be sold for certificates, &ca., by the laws before mentioned, and to be paid down, very large por- tions of these incumbrances might be discharged, and the people of this Commonwealth be enabled to bear, without distress, the taxes that might then be necessarily required from them.
On the other hand, we think it our duty to observe, that by the best information we can obtain, and upon the fullest deliberation, we are all perfectly convinced that if a fund is first established by this State for payment of the interest of the said debts, or of either species of them in general, the sale of the lands, from which such great advantages have been expected, will afford but an inconsidera- ble relief to our constituents from their burthens.
On the former plan, the consideration for the lands would be immediately received by the Commonwealth, and the demands to that amount be at once extinguished. On the latter, or funding system, the lands would only sell for low prices, and if credit should then be given to the purchasers, their payments of principal or
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interest could never be relied upon as a supply. They would be slow, irregular, and perhaps not to be obtained but by compulsion. Multitudes of persons, in distant parts of the State, would be in- volved in the same circumstances ; the cause would be common ; might therefore, excite combinations and disturb the public peace.
Other mischiefs, and as great as the foregoing, will, in our opinion, attend the adoption of the funding system at present. A heavy load of taxation must instantly fall upon the freeholders and other inhabitants of this Republic. It would be some consolation if it was likely that they could see an end of it. But we judge it will pass to their descendants for ages, as an inheritance that in many instances will eat out any estates which they can leave to them.
As to the consequences of dealing in funds, they are well known. They are such as it is certain every wise State ought to make vigo- rous exertions for reducing them into as small a compass as is pos- sible.
The generous and benevolent temper of Pennsylvanians might be more reconciled to these evils, if they could be persuaded that such extraordinary efforts must be made for relieving widows, orphans, and worthy citizens, whose situation in life was rendered uncom- fortable by the application of their property to the use of their country, or for assisting the original holders of other certificates, or their legal representatives. But efforts of this extent are not requisite for the attainment of these ends. The Legislature has heretofore adverted to such respectable claims. We refer to the act intitled "An Act for providing the quota of Federal supplies, &ca.," passed the first day of March, 1783, and a supplement to it, passed the twenty-fifth day of September in that year, and to an act entitled "An Act to appropriate certain monies arising from the excise," &ca., passed the same day of March, and a supplement to it, passed the twentieth day of September, in the same year. It is an indisputable truth, that a very large number of certificates have been bought for a very trifling part of the sums mentioned in them, from those to whom they were issued. If these purchasers are to receive six per cent. interest upon the nominal sums contained in their certificates, they will frequently, and we believe generally, receive from forty to fifty per cent. interest annually, on the specie which they actually paid for them, besides the rise in the value of the principals ; and persons who were obliged to take the certificates from the public instead of gold and silver, and afterwards to sell them because the public did not pay them, must bear their propor- tion of taxes for converting them into gold and silver, in the bands of such purchasers.
If the hardship of these cases is to be aggravated to the first owners, it will, by reflecting that the buyers of the certificates, in all probability, were led by general conversation on the subject, and by the tenor of our laws, to contemplate the laying them out
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SUPREME EXECUTIVE COUNCIL.
in purchasing lands from the State, without any expectation of re- ceiving an annual interest of six per cent. in specie for the sums specified in them. Thus, while some will be suddenly elevated to great wealth, others will be proportionally depressed, the rewards of industry being transferred by this fluctuation from the latter to the former.
There is another circumstance connected with this subject, and deserving notice. It is easy to foresee how the certificates will rise in value when they are funded. Very many freeholders in differ- ent parts of the State, and particularly at a distance from the city, who mean only to form moderate settlements for themselves and their children, have not yet taken out patents for their lands, tho' payments may be made in certificates. The presumption is that they have none.
The possessors of certificates will have all these and unquestiona- bly many widows and orphans at their mercy, and may tax them at discretion. A dealer in land and certificates may have got a township cheaper than in such case one of these persons can get a small plantation.
When we pursue our enquiries respecting a general funding plan by this State in its relation to the Confederation, our concern in- creases.
Congress has been faithfully labouring since the conclusion. of the war, to give efficacy and permanency to the arrangements of peace. Prudence and the true interest of America, must produce a just regard for the councils of that body. Without this regard, all the wisdom and virtue of these States will fail to make us a happy people.
We consider the plan we have spoke of as interfering with Federal measures, and tending to weaken the Union. "A treaty has been held with the Indians, and a large territory ceded by them. The Commissioners have proceeded to another. The lands acquired will be disposed of, and other steps will be taken to support the National faith and honor. Let us hope that they will be sup- ported ; at least let us not declare to the world that they are des- perate.
We cannot forbear to mention our apprehensions that such a plan will exceed the ability of the Commonwealth, and injure its credit ; and that we shall be likely to involve ourselves in greater - difficulties than our proportion of the common debt will occasion. The duties upon importations have been encouraging, but your Honorable House will truly weigh the variety of events that are combined with that delicate subject.
If Pennsylvania shall take up one load we think too heavy for her, and be able to bear it in time of profound tranquility, we should endeavour to anticipate her situation if that tranquility shall be interrupted.
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We will only add upon this point, that by the act before men- tioned, " for providing the quota of Federal supplies," &ea., a tax of six hundred dollars was laid, one half payable in the Treasurer's notes, to be issued to citizens of this State who were public credi- tors. Of this half, about one hundred and sixty thousand dollars only were accordingly issued, and of these, which ought to have been all redeemed on the first day of last July, there yet remains a ballance of about seventy thousand dollars unredeemed.
Called upon by the Constitution, by the Confederation, and by our affection for the Commonwealth, to offer what information we can upon affairs of so much moment, we ardently wish your Hon- orable House may join with us in opinion, that it is proper, first to relieve the citizens whose circumstances demand the most imme- diate attention ; nezt to dispose of the lands belonging to the State to the best advantage; allow time for the United States to carry into effect their measures for the benefit of the Union; and then to provide for paying principal and interest to the publie creditors who remain unsatisfied, in such manner as shall by the Legislature be judged equitable and advisable.
JOHN DICKINSON.
Council Chamber, Philadelphia, December 4th, 1784.
The Council met.
PHILADELPHIA, Monday, December 6th, 1784.
PRESENT :
His Excellency JOHN DICKINSON, Esquire, President.
The Honorable JAMES IRVINE, Esquire, Vice President.
John M'Dowell, Mr. Balliot,
Jonathan Hoge, Charles Biddle, and
Isaac Meason, Daniel Hiester,
Esquires.
John Neville,
The Comptroller General's reports upon the following accounts were read and approved.
Of George Graff, Esquire, as Collector of excise in the county of Northampton, from the twentieth of June, 1782, untill the twentieth day of June, 1784.
Upon the surplus certificates of George Clouse, Jacob Wilhelm, Peter Evenrider, John Close, Matthias Albert, John Hardwerk, and Peter Hardwerk.
A draft of a message to the General Assembly was laid before the Council, and the same being read and considered, was adopted as follows, and presented by the Secretary, vizt :
SUPREME EXECUTIVE COUNCIL. 275
A Message from the President and the Supreme Executive Coun- cil to the General Assembly :
GENTLEMEN :- The President having reported in Council a con- versation between General Washington and himself respecting Mr. Thomas Paine, we have thereby been induced to take the ser- vices and situation of that gentleman at this time into our particu- lar consideration.
Arriving in America just before the war broke out, he com- menced his residence here, and became a citizen of this Common- wealth by taking the oath of allegiance at a very early period.
So important and disinterested were his services during the late contest, that those persons whose own merits in the course of it have been the most distinguished, concur with a highly honorable unanimity in entertaining sentiments of esteem for him and inter- esting themselves in his deserts.
It is unnecessary for us to enlarge on this subject. If the Gen- eral Assembly shall be pleased to appoint a Committee, they will receive information that we doubt not will in every respect prove satisfactory.
We confide that you, gentlemen, will then feel that the attention of Pennsylvania is drawn to Mr. Paine by motives equally grateful to the human heart and reputable to the republic; and that you will join with us in opinion, that a suitable acknowledgment of his eminent services and a proper provision towards a continuance of them in an independent manner, should be made on the part of this State.
JOHN DICKINSON.
Council Chamber, Philadelphia, December 6th, 1784.
A letter dated this day from the Managers of the State Lottery was read.
A certificate from the Court of Quarter Sessions of the Peace for the county of Washington, was read, stating the petition of a number of people resident within the township of Peters, for a di- ยท vision of the same, and recommending that a division shall take place accordingly, and that the part so taken from Peters shall form a new township by the name of Dickinson township, and be intitled to a choice of a Justice of the Peace.
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The Council met.
Tuesday, PHILAD'A, December 7th, 1784.
PRESENT :
As yesterday.
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The Council met.
PHILADELPHIA, Wednesday, December 8th, 1784. PRESENT :
His Excellency JOHN DICKINSON, Esquire, President. The Honorable JAMES IRVINE, Esquire, Vice President.
John Neville, Jonathan Hoge,
Charles Biddle,
Stephen Balliot, and Esquires.
Isaac Meason, Daniel Hiester,
Agreeably to the Comptroller General's reports of this morning, the following orders were drawn upon the treasury.
In favor of John Thompson, for the sum of sixty-two pounds seventeen shillings and nine pence, State money, for a horse fur- nished for public use by Jane Brackenridge, who assigned to said Thompson,
In favor of Joseph Keller, for the sum of twenty-seven pounds fourteen shillings and five pence State money, for a mare furnished by him for public service.
In favor of the Honorable George Bryan, Esquire, for the sum of three pounds ten shillings specie, ballance of his account as a member of the Council of Censors.
In favor of the heirs of George Ross, Esquire, deceased, for the sum of seven pounds eleven shillings and eight pence specie, being the ballance due upon a settlement of his accounts as Judge of the Court of Admiralty.
A letter from Charles Helsted, Esquire, Consul of Sweden, accompanied by an act of Congress, requesting that an exequatur or notification of his quality as such, be furnished by this Common- wealth, was read, and an order taken agreeably.
A return of Justices of the Peace elected for the district of the townships of Heidleberg and Elizabeth in the county of Lancaster, was read, and a commission directed to issue to Henry Scheffer, Esquire, as a Justice of the Peace for the said county.
A letter to the Speaker of the General Assembly, was read and adopted, as follows, vizt :
IN COUNCIL, Philadelphia, December 8th, 1784.
SIR :- We think it proper to inform your Honorable House, that orders have been lately given for the march of the troops at Wioming to their respective homes, which we have reason to be- lieve took place on the twentieth day of last month.
I am with great respect, sir,
your most obedient and very humble servant,
JOHN DICKINSON.
Honorable the Speaker of the General Assembly.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Thursday, December 9th, 1784. PRESENT : His Excellency JOHN DICKINSON, Esquire, President. The Honorable JAMES IRVINE, Esquire, Vice President.
Stephen Balliot, Isaac Meason,
Jonathan Hoge,
Charles Biddle,
John Woods,
Daniel Hiester, and
Esquires.
John Neville,
John M'Dowell,
An order was drawn upon the Treasurer in favor of John Nichol- son, Esquire, for the sum of five hundred pounds, State money, for the discharge of a third part of depreciation due to the line of this Commonwealth.
An order was drawn upon the Treasurer in favor of Isaac Mea- son, Esquire, for the sum of thirty-five pounds ten shillings, in full for his attendance in Council untill the ninth instant inclusively, and his mileage coming to Philadelphia.
The Council met.
PHILADELPHIA, Friday, December 10th, 1784.
PRESENT : His Excellency JOHN DICKINSON, Esquire, President.
The Honorable JAMES IRVINE Esquire, Vice President.
Charles Biddle, Isaac Meason,
Jonathan Hoge, John Neville,
John Woods, John McDowell, and
Stephen Balliot,
Daniel Hiester.
The prayer of the respective petitions of Margaret Standley and John Morgan, convicted of larceny, and now confined in the jail of this city, were granted upon the interposition of the Court, vizt : The fine of one pound fifteen shillings, and the corporal punish- ment of fifteen lashes, to which the former was sentenced, and the fine of six pounds imposed upon the latter, were remitted.
The petition of Patrick Fowler was referred to Major North, and that of Captain Jacob Vanderslice kept under consideration.
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The Council met.
PHILADELPHIA, Saturday, December 11th, 1784.
PRESENT :
The Honorable JAMES IRVINE, Esquire, Vice President.
Jonathan Hoge, Charles Biddle, John McDowell, and
John Woods, .
Stephen Balliot,
Daniel Hiester,
Esquires.
John Neville,
The Comptroller General's reports of December the ninth, upon the accounts of George Graff, Esquire, Collector of excise for the county of Lancaster, and Gerardus Wynkoop, Esquire, Collector of Excise for the county of Bucks, were read and approved.
An order was drawn upon the Treasurer in favor of David Desh- ler, for the sum of thirty pounds nine shillings and nine pence specie, agreeably to the Comptroller General's report of October first, 1783.
Note .- That the Treasurer be directed to negotiate the discharge of this order with John Sigfriedt, late a Sheriff of Northampton county, from monies now in his hands, arising from the forfeitures of non-jurors, agreeably to law. See page 125 of the Pennsylvania Laws.
An order was drawn upon the Treasurer in favor of Captain Na- thaniel Galt, late of the armed boat Argus, for the sum of fifty-five pounds eleven shillings and six pence; this order to be negotiated as the preceding order.
The petition of Jacob Vanderslice, with the papers inclosed, were referred to the Attorney General.
The Council met.
PHILADELPHIA, Monday, December 13th, 1784.
PRESENT :
Honorable JAMES IRVINE, Esquire, Vice President.
John McDowell, Jonathan Hoge,
Stephen Balliot,
Charles Biddle,
Daniel Hiester,
John Neville, and Esq'rs. John Woods,
Isaac Meason,
The petition of Henry M'Dowell, convicted of horse stealing, was read, and an order taken that the cropping, which makes a part of the sentence against him, be remitted.
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SUPREME EXECUTIVE COUNCIL.
A resolution of the House, authorizing the appointment of three or more Commissioners for the purpose of determining the property of this Commonwealth in the islands, &ca., in the river Delaware, was read.
Upon motion, it was
Ordered, That the Commission of Justice of the Court of Com- mon Pleas for the county of Montgomery, do issue to Henry Scheetz, Esquire.
The Comptroller General's report of the eleventh instant, upon the accounts of Frederick A. Muhlenberg, Esquire, was read, and an order drawn upon the Treasurer for the sum of twenty-nine pounds five shillings, being the ballance due to him upon his account for attendance in the Council of Censors, and superintendance of the Press.
A letter from William Bradford, Esquire, Attorney General of the State, upon the case of Jacob Vanderslice, agreeably to the order of Council of the eleventh instant, was read, and a resolution taken that it be referred to the General Assembly.
A petition from a number of inhabitants of the townships of Rockland, Hereford, and East District, stating their distance from any Justice of the Pleas, and praying that Paul Groscup, Esquire, already a Justice of the Peace, may be appointed a Justice of the Court of Common Pleas also, was read, and an order taken that a Commission should issue, agreeably to their request.
The Council met.
PHILADELPHIA, Tuesday, December 14th, 1784.
PRESENT :
His Excellency JOHN DICKINSON, Esquire, President.
The Honorable JAMES IRVINE, Esquire, Vice President.
John McDowell, John Woods,
Jonathan Hoge, Charles Biddle,
John Neville, Daniel Hiester, and
Esquires.
Isaac Meason, Stephen Balliot,
Upon the petition of Anne Foster, it was
Ordered, That the fine of ten pounds, imposed upon her for keeping a tippling house, be remitted.
The Comptroller General's report upon the accounts of William Scott, Esquire, Lieutenant of the county of York, of the tenth in- stant, was read and approved.
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A draft of a message to the General Assembly was laid before the Board, which being read and considered, was adopted as follows, and presented by the Secretary, vizt :
A Message from the President and the Supreme Executive Coun- cil to the General Assembly.
GENTLEMEN :- Having been officially engaged in considering the act entitled " An Act to carry into immediate effect the reso- lutions of the United States, in Congress assembled, for adjusting the claims of individuals of this Commonwealth, against the Uni- ted States," passed the first instant ; and the resolutions of Con- gress of the twentieth of February, 1782, and the third of June, 1784, therein referred to as its foundation, we observe a mode adopted by this State, different from the resolutions agreed to by the United States, in Congress assembled.
We, therefore, esteem ourselves in duty bound to make this rep- resentation, and to request a free conference with your Honorable House upon an affair of so much moment.
It may be proper on this occasion, to take notice that in the reso- lutions of Congress of the twentieth day of February, referred to by the said act, there is a recommendation concerning " the final settlement of the proportion to be borne by each State, of the gen- eral expences of the war, from the commencement thereof until the first day of Jannary, 1782, except the money loaned to the United States," but has not been proceeded upon by this State.
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