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"from the time of passing muster, at Philadelphia, as for his pay "and subsistence from his inlistment to the time of muster afore"said; and that such settlements ought to be made by the said committee, respectively, in presence of the captains and privates, or their representatives, from time to time, upon 8 days' "notice given of the time and place of meeting by advertise"ment."

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The foregoing report being read the 2d time and considered, passed the Council.

Ordered, That the same be transcribed and sent to the House of Assembly for their concurrence.

The report of the same committee as to the other accounts of the same battalion, passed by the House of Assembly the 10th instant, was, by order, read a 2d time and concurred in by the Council.

Ordered, That Mr. Wiltbank deliver the said several reports, together with the accounts therein referred to, to the House of Assembly.

Who, being returned, reported that he had waited on the House of Assembly according to the order aforesaid.

A member from the House of Assembly, attending at the door, was admitted and returned the resolutions of that House respecting Col. Jones's petition for an exclusive right to make salt, &c., with the amendments thereto proposed by the Council, also an amendment proposed by the House of Assembly to their 4th resolution, and delivered the resolutions following, to wit:

"On motion,

"IN THE HOUSE OF ASSEMBLY, "SATURDAY, A. M., February 22d, 1777.

"Resolved, That the Speakers of both Houses be requested "to write to General Washington, informing him of the receipt. "of his letter of the 31st of January last; that in consequence "thereof the Legislature of this State have passed an 'An act against desertion and harbouring deserters, or dealing with "them in certain cases,' which they flatter themselves will an"swer the intended purpose.

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"That the General Assembly have been informed that Col. "Bedford and Major McDonough decline going into the service **of the army.

"That the recruiting of the Delaware Battalion goes on very "slowly, occasioned, as is apprehended, by the want of the va"cancies of officers in the said battalion being filled up, and the "great number of parties from other States now recruiting in **this."

"On motion,

"IN THE HOUse of Assembly, "SATURDAY, A. M., February 22d, 1777.

"Resolved, That the President be and he is hereby impowered "and directed to issue his proclamation for continuing all offi"cers, civil and military, in this State, in the full exercise of their **respective offices, according to the present Constitution, until 'superceded by new appointments."

Also, the following verbal message, to wit:

"VERBAL MESSAGE TO THE COUNCIL FROM THE Assembly. "The House of Assembly have concurred in your proposition "for appointing conferees respecting the 1st amendment proposed "to the bill entitled 'An act to render parts of divers acts of As"sembly and certain law proceedings more conformable to the "present Constitution,' and have appointed Jacob Moore and "Charles Ridgely, Esquires, for that service.'

On motion,

Ordered, That Messrs. Sykes and Bassett be a committee on the part of this House for the purpose aforesaid.

A member of the House of Assembly, attending at the door, was admitted and delivered to the Chair the following orders, to wit:

"IN THE HOUSE OF ASSEMBLY, "SATURDAY, A M., February 22d, 1777.

"The House resumed the consideration of the petition from "Robert Burton, Leatherberry Barker, William Bagwell, and

"William Milby, inhabitants of this State, now prisoners in the "goal of Philadelphia, and thereupon

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"Ordered, That the same be referred to the President and "Commander-in-Chief, who is requested to write to the Council "of Safety of Pennsylvania to permit the petitioners to be 'brought into this State, as well as any other subject of this State who may be now confined, by their order, for any State offence, except against the State of Pennsylvania, to be dealt "with according to law."

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'IN THE HOUSE of Assembly, "FRIDAY, P. M., February 21st, 1777.

"The report of the Committee on Publick Accounts was, by "order, read the 2d time and agreed to except the 4th article "thereof, which was recommitted to the same committee."

Adjourned till 3 o'clock, P. M.

EODEM DIE, P. M.

Council met.

The committee appointed to confer with a committee of the House of Assembly respecting the 1st amendment proposed by the Council to the bill entitled "An act to render parts of divers acts of Assembly and certain law proceedings more conformable to the present Constitution," now report that they had met the committee of conferees and agreed on certain amendments necessary to be made in the said bill, and that they had delivered the same bill to the committee, that the amendments agreed to might be made in the House of Assembly, which this House approves.

A member from the House of Assembly, attending at the door was admitted and returned the bill aforesaid with the concurrence of the House to the amendments made and agreed to by the committee of conferees.

A member from the House of Assembly, attending at the door, was admitted and delivered at the Chair the bill entitled “An act for printing and emitting £15,000 in Bills of Credit of this State to be let out on loan, and for striking the further sum of £10,000 in such bills for the use of this State and for providing a fund for sinking the same," with divers amendments thereto proposed, for the consideration and concurrence of Council.

Also, the following resolution, to wit:

"IN THE HOUSE OF ASSEMBLY, "SATURDAY, P. M., February 22, 1777.

"Resolved, That the President, or Commander-in-Chief, be "impowered to draw on the Trustees of the Loan Office for this "State, or any of them, for such sums as have been agreed by "the General Assembly to be due to any person or persons upon "the reports of the committee on accounts liquidated, he taking "receipts for said draughts, out of the sum of £10,000 to be "struck and given for the defence and use of this State in pursu"ance of an act, passed this session, entitled 'An act for printing "and emitting £15,000 in Bills of Credit of this State to be let "out on loan, and for striking the further sum of £10,000 in "such bills for the use of this State and for providing a fund for "sinking the same.'

The Council took into consideration the amendments proposed by them to the House of Assembly to the bill entitled "An act to punish treasons and disaffected persons, &c.," and the amendment proposed to the 14th amendment, and do adhere to the same; as to the amendments proposed concurred in.

On motion,

Ordered, That a committee be appointed to draw up a message to the House of Assembly assigning the reasons for adhering to their amendments proposed to the bill aforesaid, and Messrs. Sykes and Bassett were appointed for the purpose.

The committee appointed to draw up a message to the House of Assembly laid one on the table, which was read, and, after some amendments made, transcribed and signed by the Speaker, and is as follows, to wit:

Gentlemen:

The Council have reconsidered the several amendments proposed by them to the bill entitled "An act to punish treasons and disaffected persons, and for the security of the Government," and not agreed to by the House of Assembly, and do adhere to them severally for the following reasons, that is to say:

As to their 5th amendment, for that the word High, proposed to be struck out in the amendment, is not used in the Statute of 25th of Edward the 3d, stiled the Statute of Treason in Great Britain, the form whereof is evidently made the basis of the present clause, and justly so, as that statute hath been esteemed a good and equitable law between the governor and governed, and the construction thereof clearly ascertained.

As to their 7th amendment, for that it tends to take off the dangerous consequences attending the misconstruction of words or expressions used in common conversation, and preserves freedom of speech and privilege of freemen, whereas the clause to which this amendment is proposed, in the opinion of the Council, will encourage a race of informers, the pest of society, and who always were the engines of tyrants in every State. It is to be hoped that the just cause in which all America is embarked is not to be injured by the speeches of rash, foolish or wicked individuals, or at least they are not to be so much apprehended as the effects of so dangerous a precedent in the infancy of our Govern

ment.

The 8th amendment is adhered to as a consequence of the 7th.

As to their 11th amendment, for that, they are of opinion, an increase of the fine and time of imprisonment would equally tend to prevent a breach of the law, and the execution thereof by no means be so disagreeable to humanity. It is frequently found, by experience, that ignominious and disgraceful punishment hardens more offenders than they reclaim.

As to their 13th amendment, because they do conceive that the oath or teste prescribed in the system of government, and recited in this clause, contains, in substance, the whole of the additional teste proposed in the bill, and the Council apprehend it would be wrong, without some evident necessity, thus early to add or

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