In the opinion of your committee, it is unnecessary to comment upon these facts, or to enter upon a more elaborate detail of them. After a mature consideration of the whole subject, your committec are irresistibly led to the conclusion, that in every country in which our system of poor laws has prevailed, the number of paupers, and the amount of assessments for their relief, have progressively increased, and in a ratio not to be accounted for by the increase of population, or a rise of provisions, and other necessaries of life.

Justice Cook. But it is revived again, and is in force, and without any regard to the matter of the book provides that the printer should put his name to the books he prints, which thou hast not done."

The prisoners continued to press for a trial. "Justice Cook. A trial thou shalt have, and that to your cost, it may be.

Justice Jennings. A trial thou shalt have, but for some reason known to us, the court defers it to the next sessions, and that is the answer we give, and no other you shall have."

The trial was, accordingly, put over to the next term. The only offence which appeared against Macomb, was his joining with Keith and his party, and disposing of two copies of Keith's printed address to his Quaker brethren; for this he was not only imprisoned, but also deprived, by lieutenant governor Lloyd, of a license to keep an ordinary, or, house of public entertainment, for which he had, a few months before his confinement, paid the lieutenant governor twelve pieces of eight, or three pounds, twelve shillings of the then currency.

At the next sessions of the court on the 6th of the following December, Bradford was placed at the bar. "The presentment was read;" the substance of which was, that the 9th, 10th, 11th and 12th articles of the pamphlet called 'An Appeal,' had a tendency to weaken the hands of the magistrates, and William Bradford The following proceedings of the court are extracted was presented as the printer of that seditious paper. from the pamphlet above mentioned.

"Clerk. What say you William Bradford, are you guilty as you stand presented, or not guilty?

Bradford. In the first place, I desire to know whether I am clear of the mittimus, which differs from the presentment?

The clerk and the attorney for the government read and perused the mittimus and presentment, and finding them to differ, said, that when William Bradford was

mus. Bradford insisted on knowing, whether, on the

(8) The cure of the "guardians and managers," includes only the city, the [old] township of the Northern Liberties, and the district of Southwark. The other parts of the county are under the direction of distinct officers.

[TO BE CONTINUED.]

SINGULAR TRIAL.

After a long debate on the subject, Bradford was told that he was clear of the mittimus, on the issue of the presentment.

Bradford. What law is the presentment founded on? Attorney for the government. It is grounded both on statute and common law.

"Justice Cook. What bold, impudent and confident men are these to stand thus confidently before the court? Macomb. You may cause our hats to be taken off if you please.

Bradford. We are here only to desire that which is the right of every free born English subject, which is speedy justice, and it is strange that, that should be accounted impudence, and we impudent fellows therefore, when we have spoke nothing but words of truth and soberness, in requesting that which is our right, and which we want; it being greatly to our prejudice to be detained prisoners.

Justice Cook. If thou hadst been in England, thou would have had thy back lashed before now. Bradford. I do not know wherein I have broke any law so as to incur any such punishment.

Justice Jennings. Thou art very ignorant in the law. Does not thee know that there's a law that every printer shall put his name to the books he prints, or his press is forfeited?

Bradford. I know that there was such a law, and I know when it expired.

my presentment, nor will ye now let me know what law ye prosecute me upon.

Attorney. It's not usual to insert in indictments against what statute the offence is, when it's against several statutes and laws made.

Justice White. If thou wilt not plead guilty, or not guilty, thou wilt lose thy opportunity of being tried by thy country.

The court then ordered the clerk to write down that William Bradford refused to plead, which he did; but as he was writing it down, Bradford desired they would not take advantage against him, for he refused not to plead, but only requested that which was greatly neces sary,in order to his making his own defence. Several in the court requesting on the prisoner's behalf, that the court would not take advantage against him, they admitted him to plead, and he pleaded, not guilty.

The jury were then called over, and attested; but before they were attested, Bradford was asked, if he had any exceptions to make against any of them that were returned for the jury.

Bradford. Yes, I have, and particularly against two of them, Joseph Kirle and James Fox, for at the time when I was committed to prison, Arthur Cook [one of the judges] told me, that Joseph Kirle had said, that if

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. 1 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, called 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 seditious 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 beers 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 disturbance 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 court to ask. Whether the law did require two evi

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,

• An act of the British Parliament. 14 Car. 2 cap. 33.

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.

Next court being come, Bradford attended, and desired to know, if the court would let him have his utensils, and he be discharged?

Justice Cook. Thou shalt not have thy goods until released by law.

Bradford. The law will not release them unless exe

cuted.

Justice Cook. If thou wilt request a trial, thou may have it.

Whereupon Bradford queried, whether it be according to law to seize men's goods, and imprison their persons, and to detain them under the terror of a gaol, one six months after another, and not bring them to trial unless requested by the imprisoned? Whether, when a jury is sworn, well and truly to try, and true deliverance make 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 l.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

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 due on these certificates is 1417,227 9 0, including the estimated amount of those unfunded, which are consolidated agreeably to the act of the United States. The an nual interest on these certificates amount, at six per cent. 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, will yield an annual interest of 1.30,350, which is 5,316 7 1 per annum more than the sum now paid by the state, which will operate in the year 1792, and will be fully equal to the present claims on the state for certificates issued, and what yet may issue on accounts settled or unsettled; besides the product of the land-office, per article 38th, which operates as a sinking fund on those debts.

10th. The new loan debt is taken from the Comptrol ler-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 continental 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 1334,138 19 8, on which, as well as that already paid the Treasurer, inte rest 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 cer tificates. The interest on the continental and new loan certificatcs, 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-office, taken from the Receiver-General's accounts.

13th. The arrears of specie axes are stated in article 41st, balance outstanding, 201,945 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 1.94,009 0 8 are due from 1785 to 1789, and 7.107,936 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 sche dule A, some thousand pounds more than the preceding thirteen months produced. I have in the estimate, under the 43d article, computed that 779,738 1 6 may be expected into the trearury in the course of the year. 14th. Under the 42d and 13d articles, I have made an