USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XIV > Part 29
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To these should be added an annual publication of the expendi- tures, with as extensive an enumeration of particulars as may be conveniently practicable. By this mode the taxes may be easily and exactly traced from the private purses of the citizens who pay them, into the public purse of the Treasury ; deficiencies be readily discovered ; and frauds and neglects be quickly disclosed.
Thus every freeman will have the satisfaction of knowing, that what he contributed has been applied to the general welfare, in which his own is involved, and that any abuses in diverting it from that end, cannot escape detection and punishment. It will'also be an encouragement to him to pay his taxes cheerfully when he per- ceives that they are so well guarded, so faithfully disposed of, and so strictly accounted for to him. Reason and experience demon- strate that it is the undoubted right and interest of a free people to be as fully informed of the administration of public affairs as cir- cumstances will possibly admit, and it is evidently the duty of their servants to use every exertion that they may be thus informed.
We are much pleased, after a careful examination, to find that the expences of the publications necessary for attaining the before mentioned advantages, when compared with the benefits to be de- rived from them, are too inconsiderable to be regarded.
By an act passed on the twenty-second day of November, 1782, Justices of the Peace are in some cases vested with a power to col- lect the impost on goods, wares, and merchandizes. This seems to be an improper distribution of power, the difficulty of having the duties accounted for being so very great.
We should deem ourselves guilty of an unpardonable offence against the citizens of this Commonwealth, if we should forbear to call before the notice of your Honorable House, and warmly to re- quest the interposition of your authority upon another matter rela- ting to taxation. A practice has prevailed since the revolution; as
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we are informed, for the persons concerned in making assessments, to add to the tax required by law, and to lay large sums upon the inhabitants to compensate for deficiencies. We believe the inten- tions of these persons in acting thus have been honest, but we are of opinion that such proceedings are inconsistent with good govern- ment, and are dangerous examples. The Representatives in As- sembly are, in the imposition of taxes, to estimate every circum- stance that can diminish them, and upon consideration of contin- gencies, to fix upon such a sum that the neat proceeds brought into the Treasury will answer the end proposed by the tax.
The expences of every State tax are very considerable, and by law are to be drawn from the county Treasuries. If this mode is not altered, we apprehend that at least the accounts upon which such draughts are made should be exhibited to the county Treasu- rers, and by them in their settlements to the Comptroller General, so that the whole expence of the State incurred by such taxes, and the manner of expenditures, may be brought into public view, and by a comparison of proceedings in the several counties, a regularity may be established that will be least expensive.
For further observations on the revenue and other matters of much consequence to the welfare of the State, we beg leave to re- fer to some of our former messages.
In executing the offices with which we have been honored by our country, we have judged ourselves bound to make diligent enqui- ries, that thereby we might be better enabled to discharge the trust reposed in us. From these we are induced to entertain a lively hope that, if industry, frugality, deliberation and caution, are ex- erted in regulating and managing the finances of this State, they may be placed upon such a footing that every demand for which honor or justice requires a provision, may be satisfied in such a manner that, under the favor of Providence, the people may be happy, and valuable strangers not be discouraged by the confusions of our currency or the burthens of our taxes, from fixing their resi- dence in Pennsylvania.
By the forty-second section of the Constitution, "every foreignor of good character, who comes to settle in this State, having first taken an oath or affirmation of allegiance, may purchase lands ; after a residence of one year becomes a free denizen, and in two years is capable of being elected a representative."
As no mode is directed for determining whether a "foreignor is of good character," many unworthy persons, not having a sufficient evident common interest with, and attachment to the community," to use the words of the declaration of rights, " acquire all the privi- leges of citizenship." We shall receive great satisfaction if your Honorable House shall agree with us in opinion that the foregoing section should be enforced by the establishment of some authority to decide what foreignors are comprehended in the preceeding expressions, so as to be properly intitled " to the rights of natural
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· born citizens of this State," and shall be pleased to make provision accordingly.
We have had occasion to observe that the laws relating to mar- riage, the office of Sheriff, the suppression of vice and immorality, and the election of Justices of the Peace, require several amend- ments. A specification of them is contained in a paper that will be herewith delivered. Besides those, there is a variety of cases that cannot with propriety be enumerated in a message, in which improvements neade be made in the laws. To explain our meaning, we were therefore, obliged during the last session to arrange a number of them in the form of a bill. As they are designed to prevent unnecessary delays and expences in legal proceedings, re- move doubts, promote uniformity, establish decisions according to substantial justice, upon the truth of facts, and the merits of every cause, and further to secure the peace and rights of our fellow-citi- zens, and advance their welfare, we very earnestly wish the subject may engage the consideration of your Honorable House.
The regulation of prisons seems to be a care peculiarly becoming a free people. The slightest portion of affliction needlessly added to that which results from restraint of liberty, is an offence com- mitted by the State.
But that places of legal confinement should be so contrived as to produce disease or become scenes of impurity and oppression, and schools of vice, must be deplorable and reproachful in the ex- treme. To guard against effects so inconsistent with policy, hu- manity and religion, every information should be sought for, and every effort employed. To contribute as much as we can to such desirable purposes, we inclose heads of all those regulations that in our apprehension may be useful in deliberations of this kind.
JOHN DICKINSON.
Council Chamber, Philadelphia, February 9th, 1785.
Defects in the law for suppressing vice and immorality. Gaming except in or near public houses, is not sufficiently provided against ; cock-fighting, bull-baiting, and other methods of drawing multi- tudes together for some public diversion, are not prohibited with proper extent and exactness.
Defects in the law for electing Justices of the Peace :
The Justice should mention in his procepts, the names and sir- names of the frecholders who apply to him for an election ; he should mention the district and the township or townships of which it consists, the cause of the vacancy and the name and sirname of the Justice last commissioned for the district.
It should be determined by law in what district a freeholder is to vote who holds land in one, and resides in another ; who are free- holders qualified to votes, disputes frequently arising concerning holders by warrants or survey, mortgages, deeds, made a short sime before the elections, and where the feoffecs have never been
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in possession ; the return should mention the number of votes for . each of the candidates. The payment of expences in contested elections should be provided for by law. On refusal or neglect of Constables, Overseers, Inspectors or Assistants, to proceed to an- other election, where the first has been legally declared void, and due, process issued thereon, penalties should be inflicted. Power should be vested in Council to order the examination of such wit- nesses in disputed elections as they may judge proper, and to divide districts in the interior counties. It should be settled by law, whether a county town, incorporated, has a right to chuse six Jus- tices of the Peace elect, to be returned for the appointment of three by Council, besides the Burgesses thereof, under the incorpora- tion.
. The Clerk of the Peace should certify that the district mentioned in the præcept and return consists of the township or townships therein mentioned, as composing the district, and no more, and that there is such a vacancy as is mentioned in the precept.
The defects in the laws concerning the office of Sheriffs are :
That there is no power to direct a new election where the elec- of Sheriffs has been irregular. There is the same defect as to the election of Commissioners.
The sureties of Sheriffs should be liable for the whole time that the person commissioned as Sheriff may hold that office within the next three years ; Sheriffs and their sureties should give bond in larger sums.
Under-Sheriffs and Bailiffs should be prohibited from being elected Sheriffs, in such explicit terms that the laws may not be cluded.
Defects in the laws relating to marriage :
Licences should be so regulated as not to admit of abuses in countenancing improper marriages. The bond should be accommo- dated to circumstances, and should be directed in form by law .- Divorces and Alimony should be provided for.
A draft of a bill was delivered to Messieurs Clark, M'Conaughy and Clymer, on this subject.
HEADS OF REGULATIONS FOR PRISONS.
Security .- Situation high, dry, fronting towards the south, or from south to south south-west, contrivance of the building, lodg- ing up stairs or over arcades, clothes of two colours, turn stiles, and low gates, alarm bell, double doors, one iron latticed high wall sur- rounding, number and disposition of turnkeys, military guard, if necessary gaolers, windows looking on the yard, collar-ring or some- what of that kind to be worn for discovery on escapes, times of opening and shutting up to be strictly observed, admission of rela- tions or friends, caution in admitting visiters, only to be admitted at
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certain times, not many at once, to be searched for tools, spirituous liquors, &ca., separation by day and night of men from women, of debtors from criminals, of petty offenders from abandoned crimi- nals.
Health .- Fresh and sweet air, windows with sashes to open for a thorough draft of air, prisoners made to go out and air themselves at proper times, privies properly situated, the sewers spacious.
Cleanliness .- 1. The prisoners persons, use of baths at admission and other times, to wash before meals, water in the courts and wards, towels, sinks, &ca., in proper places, heads shaved, encour- agements to be most cleanly.
2nd. Their clothes linnen, clean, how often other clothes, bedding, beds brought out and beat.
3d. The House .- Washing and sweeping of cells, workrooms, stair cases, galleries, &ca., sewers, drains, yards, plenty of water, waste-water through the privies, scraping the walls, white-washed with lime twice a year, no stable, hogstie, dunghill, fowl-yard or house near.
Diet .- Provisions, quantity and quality proportioned to work, . difference in summer and winter, hot provisions daily, breakfast, dinner, supper, what manner of dividing and sharing hours of meals, allowance in weight. Inspectors of provision, house weights, liquor, what measure of prisoners allowed to purchase, what and when.
Cloathing .- A prison uniform, materials, colour, &ca., linnen, provided stockings, shoes, &ca.
Lodging .- Cells separate for each prisoner, linnen and bed- ding, what difference in summer and winter, upon Barrack beds or iron or wooden bedsteads, flues or stoves to warm the cells in win- ter, time allotted for sleep.
Firing .- Fuel, what kind and quantity, when and how long fires were to be made, stoves, flues, &ca.
Religious Instruction and Morals.+-Ministers of different per- suasions allowed to visit; private admonitions to young offenders ; catechising ; apartment for worship; manner of placing the priso- ners ; in persons to overlook their behaviour; reward and punish- ment for behaviour at ; visitors dismissed at service time ; priso- ners reading chapters or prayers ; Bibles ; books provided ; no gaming or drinking.
Employment .- Proportioned to strength & to degree of crimi- nality ; hours, of kinds of within doors or without doors; number of working together ; tasks; mere labour or manufactures requir- ing ingenuity ; the labour of each distinguishable from that of another; working at their own trades; cloathing, &ca., of the house made by the prisoners ; washing; baking; proportion of pro- fit to be allowed to prisoners; wholesomeness of an employment ; ready sale of manufacture; conveyance of raw materials and manu- factures ; tools required not dangerous ones, returned at night.
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Rewards .-- Shortened term of confinement; work lighter or more agreeable ; order of being served at meals; better provision ; degree of liberty allowed; cells more convenient; profit of work ; distribution of charity; advance into a higher class ; money given at discharge; a character at discharge.
Punishments .- Abridgement of diet or coarser kind; hard or disagreeable kind ; marks of disgrace, wearing collar, &ca .; stripes; term lengthened on attempt to escape ; shutting up the refractory in strong rooms ; solitary confinement and work.
Treatment of Sick .- An infirmary ; medical attendance ; medi- cines ; allowance of diet, wine, bark, &ca., clean linnen, fresh air, nurses ; number of precautions against infection, fumigation, clothes exposed to fire in an oven or buried; room for convalescents ; grad- ual return to usual diet and labor.
Proceedings on death of Prisoners .- Coroner's jury, how com- posed ; funeral without the precincts, how attended; expence al- lowed for.
Government of Prison,-Magistrates to visit at proper periods without previous, to see and examine all prisoners separately ; to fix rewards or punishments ; a room for, in the prison.
Inspectors .- By whom appointed ; their duty; time of continu- ance in office ; how often to visit at unexpected times; to view the whole prison and hear prisoner's complaints; to examine and weigh provisions ; to inquire into the conduct of prisoners, and represent proper objects of favor; attendance at the apartment for worship ; no salary, but some honorary distinction.
Gaoler-His duty ; inspection of; complaints against ; admit- ted; obliged to constant residence ; allowed no profit in provisions, liquor, &ca .; salary of; manner of choosing him ; no rent or taxes to pay ; no fees or private emoluments from prisoners ; no garnish to be allowed.
Matron .- Salary of ; duty.
Turnkeys .- Number of; by whom appointed ; salary; their of- fice.
Manufacturers .- Salary of; duty.
Taskmaster .- Salary of; duty.
Regulations made known .- Tables hung up, painted on boards, of the duty of officers, of keepers, of prisoners, of hours, of open- ing and shutting, of work, of behaviour of prisoners to keeper, &ca., of rewards and punishments, of attendance on Divine service, of diet, where hung ; how made known, painted on boards, printing and given to each prisoner ; to be read at certain times by keeper.
Chiefly extracted from the excellent work of John Howard, Es- quire, intitled "The state of Prisons," &ca., See 14th George 3rd, chapter 43; 16th Geo. 3rd, chapter 43; 19th George 3rd, chap- ter 74.
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The Council met.
PHILADELPHIA, Thursday, February 10th, 1785. PRESENT : His Excellency JOHN DICKINSON, Esquire, President.
' The Honorable JAMES IRVINE, Esquire, Vice President. The Honorable Jonathan Hoge, John Woods,
Isaac Meason, John M'Dowell,
John Neville, Daniel Hiester, and
John Whitehill, Stephen Balliot, and
Esquires.
Charles Biddle, John Boyd, George Wall, Junior,
A draft of a letter from Council to the Burgomasters and Ma- gistrates of the city of Ulm, in reply to theirs of the eighteenth of February, 1784, was read and approved.
A letter from Lieutenant Colonel Josiah Harmer, inclosing a re- turn of the troops under his command, was read.
A letter from John Jay, Esquire, inclosing a resolution of Con- gress appointing him to the office of Secretary for Foreign Affairs, and a certificate of his acceptance of the said office, &ca., &ca., was read.
Note .- That agreeably to Mr. Jay's request contained in the afore- said, the Secretary of this Board be desired to transmit to him a compleat copy of the laws made by the General Assembly of this Commonwealth since the Revolution.
Council taking into consideration the memorial of the Commer- cial Committee for the city of Philadelphia, dated the twenty-sixth day of last month,
Ordered, That the Secretary write to the memorialists, inform- ing them of the communications lately made by Council to the Wardens of the Port of Philadelphia, on the subject of their me- morial, which it is hoped will be satisfactory, and assuring them that Council will allways receive with attention whatever may be offered to them by the trading interest of this city.
The Comptroller General's report upon the accounts of the es- tate of Alexander Maxwell, deceased, for a horse, saddle, &ca , and rifle gun, lost upon the Indian expedition under Colonel Lochry, was read and approved.
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The Council met.
PHILADELPHIA, Friday, February 11th, 1785.
PRESENT : His Excellency JOHN DICKINSON, Esquire, President.
The Honorable JAMES IRVINE, Esquire, Vice President.
Jonathan Hoge, John Woods,
Isaac Meason,
John McDowell,
John Neville,
Daniel Hiester,
John Whitehill,
Stephen Balliot, and
Esquires.
Charles Biddle,
George Wall, 1
John Boyd,
Henry Vanmetre, Esquire, was elected a Justice of the Peace and Court of Common Pleas for the county of Washington, and district of Cumberland, agreeably to a return made according to law.
A petition from Samuel Burroughs, now a prisoner in the jail of the county of Chester, with a recommendation of his case by Thomas Mckean, Esquire, Chief Justice of the State, was read, and an order taken that the fine of two hundred pounds, which by sentence becomes due to the Commonwealth, be remitted.
The Council met.
"PHILADELPHIA, Saturday, February 12th, 1785.
PRESENT : His Excellency JOHN DICKINSON, Esquire, President. The Honorable JAMES IRVINE, Esquire, Vice President.
The Honorable Jonathan Hoge, John Woods, John Neville, John McDowell,
Isaac Meason, Daniel Hiester, John Whitehill, Stephen Balliot, and Charles Biddle, George Wall, Junior, John Boyd,
Esquires.
The Comptroller General's reports upon the state of the pay due to the non-commissioned officers and privates of Captain Stokeley's late Ranging company, was read and approved, and an order drawn upon the Treasurer for the sum of six pounds, State money, in favor of David Honey, one of the latter.
A letter from the delegates from this State to Congress, was read and transmitted to the House.
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An order was drawn upon the Treasurer in favor of Thomas Moore, for the sum of thirty-five pounds eleven shillings, State money, due upon his certificate, for a horse furnished by him for the public service, to be paid according to resolution of the General Assembly dated the eighth of April, 1782.
The Council met.
PHILADELPHIA, Monday, February 14th, 1785.
PRESENT : His Excellency JOHN DICKINSON, Esquire, President.
The Honorable JAMES IRVINE, Esquire, Vice President.
Jonathan Hoge, John Woods,
John Neville,
John McDowell,
Isaac Meason,
Daniel Hiester,
John Whitehill,
Stephen Balliot, and
Charles Biddle,
George Wall, Junior,
Esquires. John Boyd,
A letter from David Meade, Esquire, with its inclosures, advising Council of the existence of an insurrection in the northern parts of Northumberland county, and the impracticability of executing the laws therein, was read, and an order taken that they be transmitted to the Speaker of the General Assembly.
The following letter to the Commissioners of the city and county of Philadelphia, was read and adopted :
IN COUNCIL, PHILADELPHIA, February. 14th, 1785.
GENTLEMEN :- Upon the conference which we had to-day with you and Mr. George Smith, of Montgomery county, we think it advisable that you should immediately make contracts for pulling down the old jail and workhouse in this city. The different kinds of materials should then be properly laid together, and sold in suitable lots at public auction, due notice being first given of the intended sales in the newspapers. The neat proceeds of the said sales you will please to pay directly into the bank, subject to the drafts of Council. We request that you and the Commissioners for the county of Montgomery will, in a short time, furnish us with the ratio or proportion of taxes as paid between the city and county of Philadelphia and the county of Montgomery. We should be glad to have also the ratio or proportion between the city of Phila- .delphia and the county of Philadelphia.
I am, gentlemen, your very humble servant, JOHN DICKINSON.
The Com'rs for the city & county of Philadelphia.
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Agreeably to an order of Council, Richard Wells and Henry Hill, Esquires, two of the devisees of Richard Hill, deceased, at- tended before this Board, and a consideration of their common claims to a number of city lots was gesumed : On which it was determined, that the right to the city lotts appurtenant to the ori- ginal purchase of five thousand acres by William Bacon, is in the said devisees.
Ordered, That the Secretary be authorized to pay to Mr. Samuel Kerr, the person employed in bringing Mr. Mead's dispatches to Council, the sum of twelve dollars, for the purpose of defraying his expenses in coming to and returning from this city.
The Council met.
PHILADELPHIA, Tuesday, February 15th, 1785. PRESENT : His Excellency JOHN DICKINSON, Esquire, President.
The Honorable JAMES IRVINE, Esquire, Vice President.
Jonathan Hoge, Charles Biddle,
Isaac Meason,
John McDowell,
John Neville,
Daniel Hiester,
John Whitehill,
Stephen Balliot, and
John Boyd,
Esquires. John Woods,
George Wall, Junior,
The Comptroller General's report upon the accounts of Colonel Andrew Porter, Commissary to the Commissioners for running the south-western boundary of this State, was read and approved, and an order drawn for one hundred and five pounds three shillings and three pence specie, being the ballance due to the said Porter.
A certificate from John Reynolds, keeper of the jail of the city and county of Philadelphia, stating that a certain Patrick Haley had delivered into his custody the person of Robert Steel, an at- tainted traitor, was read, with a farther certificate from the Hon- orable the Chief Justice Mckean, that the said Steel, so delivered, had acknowledged himself to be the person mentioned in the pro- clamation of Council of the thirteenth of Sdptember, 1783; upon which it was
Ordered, That a warrant issue to the Treasurer in favor of the Patrick Haley, for the sum of three hundred pounds specie, agreea- bly to an act of the General Assembly intitled "An Act to encour- age the speedy apprehending and bringing to justice divers robbers, burglars, and felons," &ca., &ca.
The Comptroller General's report upon the accounts of Colonel John Rodgers, Sub Lieutenant of the county of Lancaster, and of
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Anthony McCreigh, Adjutant, for various militia services and ex- penses, was read and approved, and orders drawn for their respec- · tive ballances, to be paid out of the militia fines of Lancaster county.
The Comptroller General's report upon the account of Captain Thomas Kemplin, for a horse lost in the public service, was read and approved.
The Council met.
PHILADELPHIA, Wednesday, February 16th, 1785.
PRESENT : His Excellency JOHN DICKINSON, Esquire, President. The Honorable JAMES IRVINE, Esquire, Vice President.
Jonathan Hoge, Charles Biddle,
Isaac Meason, John McDowell,
John Whitehill,
Daniel Hiester,
John Neville,
Stephen Balliot, and
John Boyd,
George Wall, Junior,
Esquires. John Woods,
A letter from Colonel Francis Johnston, stating that a number of horses were necessarily purchased by the Commissioners for treating with the different Indian tribes ; that these horses are now incurring a heavy daily expence ; and, therefore, praying that Council would give some instructions upon the subject, was read.
The following draft of a message to the General Assembly was read & adopted :
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