tants of the executive authority, though now rendered essential to the regular administration of the public affairs, I am confident that you will make such a disposi tion of them, as shall be best calculated to accomplish the beneficial purposes for which they were respectively created. ceived. To facilitate that investigation, I shall transmit to you the copies of letters which were addressed, by the different officers, to the late executive council, in compliance with a requisition of the board. From these you will derive some useful hints for improvements; and I rely upon the wisdom of the legislature, for devising such other arrangements as will effectually establish order and accuracy, energy and economy, in every public department. suit, and all the subsequent transactions, are implicitly referred to the direction of the same body. The treasurer is also prohibited from paying any monies, but by warrants drawn by the executive council; without their direction, the comptroller-general is precluded from calling the commissioners and treasurers of the counties to account; the presence of two of their members is I cannot leave this subject, gentlemen, without adding made indispensable in the business of exchanging thea wish that your attention may be directed, in the course new-loan certificates, agreeably to the provisions of the of your proceedings, to a general review of the constiact of assembly; and the instalments due to the late tution and management of the public offices, particularproprietaries (with many other public engagements) ly of those, in which the accounts of the state are adare to be paid by their order. Under the act for regu-justed, and by which its revenues are collected or relating bankruptcy, the president is required to take the petitioning creditor's bond, and to issue the commission; he may enlarge the term of the bankrupt's surrender, and after having administered an oath or affirmation to the bankrupt, that the certificate of the commissioners was fairly obtained, he is to testify its allowance under the seal of the state. The president is further authorised to grant marriage, tavern, and other licenses; he is appointed one of the licensers of the theatre; and, ex officio, he is one of the trustees of the university, and I am happy in being able to inform you, from the repatron of the philosophical society. In short, to the presentations of the judges of the supreme court and president and executive council so great a variety of of the attorney general, that the lenity of our penal law appeals and reports were directed to be made-by them has not occasioned any increase of crimes; but that, on so great a variety of commissioners, and other officers, the contrary, since the adoption of the new regulations were to be appointed for specific services-before them respecting the confinement and labour of convicts, the so great a variety of official qualifications and sureties number of offences have been comparatively few. Some were to be taken--and on them the superintendance of amendments, however, are still wanting, to render the so great a variety of public objects devolved-that a administration of justice more easy, certain and expediparticular recapitulation would at this time be impractitious; and, for the present, allow me to suggest the utili cable, and, by enacting a general and comprehensive ty of legislative provisions,-for defraying the expense law upon the subject, it may, I think, be rendered un- of commitment and removal from one county to anothnecessary till the completion of that system, which I er,-for bringing fugitive felons from, or sending them have already recommended to your attention. to, other states-for securing to the officers of justice, to witnesses, and to jurors, the payment of their respec tive fees and compensations-for making it a part of the punishment, on a conviction for robbery or burglary, that the offender should restore the goods stølen, or their value-and for vesting a discretionary power in the res pective courts, to punish by whipping, or other corporeal punishment, such slaves as are convicted of robbery, or of burglary, or of manslaughter, instead of confinement and surety for good behaviour in the one case, and confinement to hard labour in the other; the propriety of which alteration arises from considering, that the punishment now falls in a very great degree upon the innocent master, who, indeed, is fully compensated by law, if the delinquent slave should be executed, but receives no equivalent, if he should be confined during life. In addition to these, it will be expedient to make a provision for the punishment of offences committed during the continuance of the act for the amendment of the penal laws, passed on the 15th day of December, 1786; and this may easily be effected, by reviving that act (which was incautiously repealed) so far as relates to such offences. You will, likewise, find it necessary to supply the defect, which, in consequence of the alteration of the term in the supreme court, renders it im possible to place a writ of capias against a person indicted in a court of oyer and terminer, in the sheriff's hands, three months before the return day, agreeably to the requisitions of the act of assembly passed in the year 1718, in order to outlaw a capital offender. In what other respects the mode of outlawry might be improved, and how far it might be advantageously extended to cases, which are no longer capital, I submit to your judgment and determination. With this view, therefore, I beg leave to suggest, that all the alterations immediately requisite to accomodate the acts of assembly to the recent change in the executive department, besides providing for the establishment of a state seal, its custody, and the power of affixing it to official certificates and other public instruments, may, probably, be classed under the following general descriptions: 1st. Cases, in which an oath or affirmation was to be administered, or in which bonds or recognizances were directed to be given to, or taken before, the president and executive council, or the president, or vice president, or in which such bonds and recognizances were to be approved by them, or any of them. 2dly: Cases, in which the president and executive council were to appoint commissioners, or other officers, for specific purposes, to supply vacancies, and to furnish instructions. 3dly. Cases, in which the president and executive council, or the president, or vice president, were to make sale of the public lands, to grant patents. to sign warrants of acceptance, survey, re-survey, and partition; to execute deeds, to issue commissions, to allow certificates, to grant licenses, and to receive the returns or reports of commissioners. 4thly. Cases, in which the president and executive council were to receive statements or reports from the comptroller-general, register-general, or treasurer; and thereupon, as the occasion might require, to confirm the same, or to allow appeals, and direct suits. 5thly. Cases, in which the president and supreme executive council, or any part of that body, were necessary to the transactions of the board of property, to execute the regulations respecting the exchange of newloan certificates, or to carry into effect any other legislative provisions. And, 6thly. Cases, in which the president was, by virtue of his office, a patron or member of any corporate institution. The very laudable attention which government has hitherto paid to the survey of roads and rivers is a conclusive proof of the importance of the object, while it furnishes an example highly deserving your imitation. Every day, indeed, produces an additional incentive to persevere in improvements of this kind. The strength You will undoubtedly, gentlemen, provide, with all of an increased population-the wealth of an extended proper despatch, for the exercise of these various pow-cultivation--and the commercial policy, of ensuring the ers; and, as many of them are not necessarily concomi- transportation of our produce from the interior counties to the capital are all dependent upon the ease and facility of the communications that are established throughout the state; and, when we consider Pennsylvania not only as the route that actually connects the extreme members of the Union, but as a natural avenue from the shores of the Atlantic to the vast regions of the western territory, imagination can hardly paint the magnitude of the scene which demands our industry, nor hope exaggerate the richness of the reward which solicits our enjoyment. I shall lay before you the reports of the commissioners, who, in pursuance of the act of assembly, were respectively appointed to explore the western waters, and to view the Susquehanna, the Delaware, and other eastern parts of the state. In these reports a very accurate and circumstantial detail is contained, and it is to be hoped that an immediate execution of the plans that are suggested, may not be deemed inexpedient. titles, but must be prevented till the terms of sale are prescribed. The survey of the Lake Erie tract of land is returned to Congress, and steps should be taken to complete that purchase. A law ascertaining the fees of the officers of government is much wanted, most of the fees now charg ́d by Sheriffs and others depending upon usage, and varying considerably in the different counties. The act of the 25th of March, 1785, as far as respects the manner of supplying the vacancy that may arise by the death, removal, or disability of a Commissioner of the county, requires amendment; some provision should at the same time be made, for calling the Commissioners generally to account, it being alleged that no tribunal now exists with a sufficient power for that purpose. And the High Court of Errors and Appeals being dissolved, by the tacit operation of the new constitution, whether that should be revived, or a similar jurisdiction introduced, you will no doubt determine, The subsisting laws for repairing and improving the when you are deliberating upon a general judiciary sys public high-ways appear, in many cases, to be inadequate tem. To the objects thus presented to your considerato those important ob. cts, and will likewise require tion, I am induced, by reflecting upon the great portion your attention. As it generally happens that the part of the time of the legislature which has hitherto been of the road which is most difficult to be kept in good engrossed by private bills, for incorporating religious order lies in mountainous, thinly inhabited and unpro- and charitable' societies, that perhaps the expense and ductive districts, I am well informed that some of the inconvenience resulting from this cause might be avoidcourts have been induced to adopt a very improper ex-ed by a law, declaring that any number of citizens unit. pedient for alleviating this inconveniency, by leaving ing for religious, literary, or charitable purposes, formsuch districts within the bounds of every township; and ing a constitution for themselves consonant to the genethus they have no supervisors of the high-ways, nor in-ral laws of the state, and approved by certain executive deed any other township officer, to superintend or direct this salutary branch of public policy. While, gentleman, we are thus attentive to the improvement of the natural advantages of our country, I enjoy the most pleasing confidence, that an equal regard will be paid to the interest of science. By the well directed bounty of former legislatures, uniting with the meritorious diligence of private citizens, seminaries of learning have been dispersed throughout the state; and we have already the satisfaction to behold the University of Pennsylvania and the College of Philadelphia rivalling, with a laudable ambition, the scholastic fame of the most ancient institutions. To multiply, regulate, and strengthen the sources of education is, indeed, the duty, and must be the delight, of every wise and virtuous government; for the experience of America has evinced that knowledge, while it makes us sensible of our rights as men, enforces our obligations as members of society. Under your auspices, therefore, gentlemen, our fellow citizens may reasonably hope that every measure will be adopted, which is necessary to establish science on a pure and lasting foundation. Gentlemen of the Senate and and judicial officers, should, upon recording the articles of their constitution, become, to all the legitimate pur poses of their association, a corporate body. A provision of this nature has existed in a sister state for many years, without injury or complaint. Though I have already partially adverted to the subject, it may be convenient, gentlemen, in one collected point of view, to represent to you, that the suspension of the funding tax, and the time limited for exchanging and redeeming the resolve and commonwealth money, the paper emission of the 20th of March, 1777, and the various certificates issued for horses and provisions, will expire on the first of January next. The same period is limited for exhibiting claims against the state, for sup plies furnished or services rendered during the war; and perhaps under these general descriptions, any outstand ing claims of the officers of the Pennsylvania line for the gratuitous allowance of clothing, directed by the eighth section of an act passed on the 1st of March, 1780, will likewise be barred. You cannot, indeed, consider it of too great importance, to ascertain all the possible de mands of the state; and as this must be impracticable, if it depends entirely on the pleasure of individuals when they shall exhibit their accounts, I presume, that, after As the importance of precedents and first impres- the reasonable and repeated notices which have been sions will naturally excite your care and circumspection given, you will deem it unnecessary to extend your inin the arduous task of organizing our constitution, it dulgence upon this subject. How far the policy of the would be superfluous to trouble you upon this subject, preceding observation applies to the limitation which any further than to bring to your view some laws, which will take effect on the 10th day of April 1791, for pay. seem to be particularly necessary. Permit, me, there-ing, or securing to the state the payment, for lands held fore to call your attention to an act for regulating or claimed by any citizen of the commonwealth by locawages and compensations-an act for appointing subor- tion, or any other office right, obtained before the 10th dinate officers in the treasury department, collectors, of December, 1776, and yet remaining unpatented, I &c.-an act for establishing the state judiciary, agreea- submit to your judgment. And you will also determine, bly to the constitutional outline-an act for fixing dis- whether the same reasons which induced the legislature tricts for Justices of the Peace-an act for regulating to reduce the tax upon writs, issuing from the Court of contested elections,-an act for taking the enumeration Common Pleas of Philadelphia county, until the 30th of prescribed in the fourth section of the first article of the March, 1791, do not still exist in their full force. These, constitution-an act for establishing schools, and pro- I believe, however, are the only objects, which, on acmoting the arts and sciences in one or more seminaries count of their respective limitations by law, it will be of learning. necessary to suggest to your consideration during your present sessions. House of Representatives. Besides these laws, which are immediately suggested by the constitution, an act providing for the election of delegates in Congress will claim an early consideration. Some regulations should be made for disposing of the property belonging to the state in the islands of Delaware, the present occupants being, as I am informed, desirous of taking out patents, and completing their With respect to any public papers, which were in the possession of the late Executive Council, or any transac tions of that board that are necessary for your further information, such steps shall be pursued, as will enable me shortly to transmit a full and satisfactory communication. In the mean time, I have thought it proper to se lect (in addition to the documents which I have before For this sum paid Col. James O'Harra, Considering it, likewise, to be a matter of peculiar importance, I shall transmit the resolutions of Council respecting the appointment of an agent, to support the claims of the commonwealth before the Board of Commissioners established to adjust the claims of the several states against the United States; and I hope, that, concurring in the opinions which were expressed by the board, you will take the necessary steps for carrying them into effect. A communication from the legislature of the state of Virginia, respecting the expediency of admitting the citizens to attend the debates in the Senate of the United States, will at the same time be laid before you. Gentlemen of the House of Representatives. I am persuaded that all the objects of revenue which fall within your jurisdiction will receive a due attention, and that such supplies will be provided for the debts and for the support of the government, as will evince a firm disposition to maintain the faith and reputation of the state. Gentlemen of the Senate, and House of Representatives, Having stated these different matters of information, and recommended to your consideration the various measures which at this time I have judged expedient, permit me to hope, that you will regard this communication, not merely as an act of duty enjoined by the constitution, but also as an indisputable evidence of the sincerity of the professions, with which at our first meeting I addressed you. THOMAS MIFFLIN, Philadelphia, December 28th, 1790. FINANCES, 1790-CONTINUED. Paid Major William Armstrong, as commissioner to ditto, for running the northern boundary line Paid the following persons, for money J. Ingersol, 15 ditto ditto J. M. Nesbit, 50 do. 26 5 6 8 50 16 15 2 1 18 6 1 17 3 12 0 0 60 0 0 J. M. Nesbit and Co. 50 do. Paid Jonathan Wallace, taking up a Bri- Paid sundry expenses of printing and signing the treasury notes issued per act of 21st March 1783 Paid Charles Risk, signing bills of March 1785 Warrants paid by Christian Febiger, tion No. 2.-DR. The General Revenues of the State, and the German Lutheran congrega- ment 33 5 0 Managers of Pennsylvania David Rittenhouse, Esq. late Treasurer, for the following sums paid for servants enlisted in the American army, omitted the last annual account: By A. Boyd, Esq. treasurer of Chester county, to Jas. Glendengen, in 1787, J. Thome, Esq. of Dauphin, to A. Ekart, for three servants in 1787 S. Davidson, Esq. Bedford, to E. Burd, February, 1788, E. Douglas, Esq. Fayette, to Robert M'Laughlin Paid by the Treasurer of Lancaster for apprehending Bri tish deserters. To Henry Stotten back, for 7 James Searle, Esq. balance of his account as member of Con- 9 30 499 2 2 508 5 2 750 0 0 173 5 155 18 0 399 0 8 5 13 219 8 0 41 12 O 1925 Q the army, per account, 220 2 8 9 6 16 0 7 19 2 FINANCES. 767 11 4 19 5 11 5 13 3 20 8 0 26 1 7 38 9 9 To John Baker, Esq. treasurer of city and Warrant in favor of William Chancellor, Island money, for this sum received in exchange for an equal sum in bills of March 1785, and for city lots, For this sum received in exchange for do. This sum paid by David Rittenhouse, Esq. four years interest on 1.395 2 10 Island money exchanged, Do paid by C. Febiger, Esq. four years interest on 1.13 10 0 do. 399 10 0 13 10 0 58 16 0 111 18 2 To pensions to widows and children of To pensions to widows and children of mi- To pensions to officers and privates who To grant to the late proprietors, on acc't. 600 1890 12 6 1087 9 4 539 5 5 10,496 3 0 59,337 0 0 4,614 12 3 To claims and improvements, for this sum, 5000 0 0 To expenses of government, per act 26th To tonnage duties, for balance of that ac- 5000 0 0 10,000 0 0 4 19 9 18 0 0 To D. Rittenhouse, Esq. for an over credit 413 0 0 City and county, Lancaster, Chester Berks 931 12 0 580 8 0 79 0 7 457 10 0 Cumberland 274 13 0 Montgomery 325 11 0 2 14 0 Bucks 351 11 0 81 14 7 Dauphin 264 4 0 Northampton 336 1 0 2 12 7 Bedford 218 8 0 Franklin 211 16 0 Fayette 233 0 0 Washington 1,310 10 7 Do. by do. in bills of March 1785, for an equal sum received in bills of June 1780, being a part of $1,391,292 delivered to the committee, and burnt Nov. 21st 1788, Northumberland Delaware 229 15 0 100 5 0 99 5 0 117 1 0 90 0 0 170 4 0 -6502 19 0 By this sum received of the executors of Stocker and Wharton, a balance due by that house on sundry protested bills, &c. 249 16 6 Sundry balances due the state received by D. Rittenhouse, Of General Lacy, May 14th, John Ross, per J. Nicholson, July 18th, 1789, said to be a balance of his account arms purchased, John Coburn, Oct. 8th 1778, balance for work done at the Chevaux-de-frieze, James Tatlow, interest which had been paid on an altered certificate, No. 7432, Wm. C. Bradford, a balance on his account as commissary to the state fleet, Judge Atlee, said to be a ba lance of money advanced him by council, Sundry balance remaining from 1784, received by D. Rittenhouse, Esq. Received of Mr. Morris inter est on an order, 30 0 0 129 12 0 0 10 0 2 8 7 225 22 18 11 187 11 11 33 10 9 4 1 0 37 11 9 292 10 0 24 18 3 45 18 3 2,132 9 0 85 0 9 8 78665 6 53193 7 38492 1 106475 13 713536 16 632590 13 1182833 9 1,526 6 10 122 9 2 70 18 4 Westmoreland Bucks Fayette Washington Franklin Bedford- Northumberland Huntingdon (AUGUST 4,881 17 4 2,4007 11 3 82,833 9 2 16,378 10 10 £132,705 11 £619 3 82661 13 111924 15 7 1701 17 6 495 8 11 61839 1 11 COUNTIES. 1781. 1782. 1783. 1785. 1786. 1787. 1788. Total. 561 4 Chester 500 0 03787 Berks 800 15 1279 9 10 2181 10 6433 2 9 465 11 92229 6 23 5 8 178 9 10 991 0 4 242 7 10 1615 9 10 2471 12 6 4984 15 4 24820 974 7 10 6232 14 10 25942 12 0 352 23 2 ∞ ∞ 410 10 7 1301 16 340 12 11 107 0 0 1724 11 3 3284 3 2 307 13 2323 0 1309 2 694 15 7 63 14 2 434 16 694 15 765 15 5 295 9 4 145 7 11 233 2 3 ΟΙ 159 7 4 181 14 ง Note. The sums credited the counties are different 22 100 in some instances from the report in August last to 31st July, owing to several payments that had been credited, one year being applied to the credit of another, when County Treasurers accounts were settled. |