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engage in what contracts and undertake what employments he pleased, but he was not to be allowed to retain the office of Alderman after accepting an employment which the law had declared incompatible with that office.

In reply to what had been said respecting the sale of offices as authorised by law, if this be considered an office, it was urged on behalf of the relator, that the act of Congress directing the publication of the laws, &c. contains nothing on the subject of a transfer of the employment. It refers to no other person, but the proprietor at the time the appointment is made: that part of the Secretary's letter therefore, which authorises such transfer, not being justified by the act of Congress on which it is founded, is void.

The Court (Gibson, C, J. and Rogers, J. dissenting) decided that the printing of the laws, &c. is not an office or employment within the meaning of the constitution and laws of Pennsylvania, incompatible with the office of Alderman-and therefore the rule to show cause was discharged. Nat. Gaz. J. B.

EARLY SETTLEMENT,

BETWEEN the period of William Penn's application for a tract of land in America and the date of the Charter, considerable time elapsed, and numerous difficulties occurred, respecting the boundaries to be embraced by that instrument, on account of prior grants to the Duke of York and Lord Baltimore. The proceedings relating to them are contained in the following documents, which are extracted from the first volume of the votes of Assembly.

Extract of the Proceedings of the Lords of the Committee of his Majesty's most honourable Privy Council, for the Affairs of Trade, and the Plantations.

In the Council Chamber, Monday the Fourteenth of
June, 1680.
Present,

Lord President Duke of Abermarle

Bishop of London
Mr. Secretary Jenkins
Sir John Chicheley.

The Petition of William Penn, referred by an order from the Earl of Sunderland, of the first instant, is read, praying, in consideration of debts due to him or his father, from the crown, to grant him letters patents for a tract of land, in America, lying north of Maryland; on the east, bounded with Delaware river; on the west, limited as Maryland; and northward, to extend as far as plantable; whereupon Mr. Penn is called in, and being asked what extent of land he will be contented with, northerly, declares himself satisfied with three degrees to the northward, and that he is willing in lieu of such a grant, to remit his debt due to him from his Majesty, or some part of it, and to stay for the remainder till his Majesty shall be in a better condition to satisfy it: upon the whole matter, it is ordered, that copies of his Petition be sent unto Sir John Werden, in behalf of his Royal Highness; and unto the agents of the Lord Baltimore, to the end they may report how far the pretensions of Mr. Penn may consist with the boundaries of Maryland, or the Duke's propriety of New York, and his possessions in those parts.

Whitehall, Friday, the Twenty-fifth of June, 1680.

Present,

Lord President
Earl of Clarendon
Marquis of Worcester Mr. Secretary Jenkins.

The Petition of Mr. Penn is again read, concerning a tract of land to be granted him in America; together with a letter from Sir John Werden, and another from

269

the Lord Baltimore's agent, touching the same; and Mr. Penn being afterwards called in, is told, that it appearing by Sir John Werden's letter, that part of the territory desired by him is already possessed by the Duke of York, he must apply himself to his Royal Highness, for adjusting their respective pretensions; and Mr. Penn being also acquainted with the matter of the letter from the Lord Baltimore's agents, he does agree that Susquehanna Fort shall be the bounds of the Lord Baltimore's province; and as to the furnishing of arms and ammunition to the Indians, Mr. Penn declares himself ready to submit to any restraint their lordships shall propose. Whitehall, Thursday, the Fourth of November, 1680. Present.

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in America, Northerly of Maryland; the Lords of the committee desire my Lord Chief Justice North, to take said patent into his consideration, and to provide, by fit clauses therein, that all Acts of Sovereignty, as to Peace and War, be reserved unto the King; and that all Acts of Parliament, concerning Trade and Navigation, and his Majesty's Customs, be duly observed; and in general, that the Patent be so drawn, that it may consist with the King's interest and service, and give sufficient encouragement to planters to settle under it.

A paper being also read, wherein my Lord Bishop of London desires, that Mr. Penn be obliged, by his Patent, to admit a Chaplain, of his Lordship's Appointment, upon the request of any number of planters; the same is also referred to my Lord Chief Justice, North.

they agree well enough with that colony or plantation, which hath been hitherto (ever since the conquest of New York, by Colonel Nicholls) held as an appendix, and part of the government of New York, by the name of Delaware Colony, or more particularly Newcastle Colony, that being the name of a principal place in it; the whole being planted promiscuously by Swedes, Finlanders, Dutch, and English, all which hath been actually under the government of his Royal Highness's Lieutenant at New York hitherto; but what are its proper boundaries (those of Latitude and Longitude, being so very little known, or so ill observed, as experience tells us, in all the West Indies) I am not able to say: if this be what Mr. Penn would have, I presume the Right Honourable the Lords of the Committee for Trade and Plantations, will not encourage his pretensions to it, because of what is mentioned, which plainly show the Duke's Right preferable to all others (under his Majesty's good Liking) tho' it should not prove to be strictly within the limits of the Duke's Patent; but if it be any other Parcel of Land unimprov'd, in those parts, which is without all other Patents, and not interfering with the Possessions of his Majesty's Subjects already settled there, I humby submit to their Lordships, how far they may think convenient (under fitting Restrictions and The Lord Bishop of London is desired to prepare the Qualifications, to tie up the government of such new draught of a law to be passed in this country, for the set-colonies, as near as may be, to the laws of England) to tling of the Protestant Religion. recommend the Petitioner's Request to his Majesty; thus I think I have, as far as I am able at present, fully answered your Letter upon this subject; so I remain, Sir, your most affectionate Friend and Servant,

Whitehall, Thursday, February 24, 1680-1.

Lord President
Earl of Conway

Present,

Earl of Clarendon
Earl of Chesterfield

Mr. Secretary Jenkins.

A draught of a Patent for Mr. Penn, is read; and there being a blank left for the name, their Lordships agree to leave the nomination of it to the King.

Copies of Letters, Reports, &c. between the board of Trade, Mr. Penn, Lord Baltimore, and Sir John Werden, in behalf of the Duke of York, in the year 1680; previous to the Grant of Pennsylvania; also the settlement of the Pennsylvania bounds by the Lord Chief Justice North. Council Chamber, June 14, 1680.

To Sir John Werden, about Mr. Penn. SIR,

JO. WERDEN.

From my Lord Baltimore's Agents, about Mr. Penn's
Pretensions, received the same day.

SIR,

In answer to yours, in reference to Mr. Penn's Petition, some things are thought proper to be offered, in respect to the particular concern of my Lord Baltimore, and something in reference to the publick, on his Lordship's behalf.

The Right Honourable the Lords of the committee for Trade and Plantations, having received a Petition of Mr. Penn, referred unto them by an order from his Majesty, concerning a tract of land in the North part of America, which he would undertake to settle, and render it a pro- the lands petitioned for by him, in America, that it may It is desired, that if the grant pass unto Mr. Penn, of fitable plantation to the Crown; but their Lordships have be expressed to be land that shall lie north of Susque not thought fit to take any Resolution thereon, before they had first consulted you, in relation to the proprie-hanna Fort, also north of all lands in a direct line betary of his Royal Highness in those parts; and do there- tween the said fort and Delaware river; and also north fore command me to send you a copy of his Petition of all lands upon a direct line westward from the said here enclosed, with their desire, that you would report fort; for that fort is the boundary of Maryland, northunto them, whether such a Plantation or Settlement ward. It is further desired, that there may be containwould any ways intrench upon the Patent of his Royaled to the Lord Baltimore, and saving to him all Right ed general words of restriction, as to any interest grantHighness, or otherwise prejudice the same.

I am,

To Sir John Werden, about Mr. Penn. Maryland.if we were enabled thereunto by a Grant from his

Whereupon their Lordships, taking Notice of the Neighbourhood of Maryland, to the country he desires to plant, have thought fit to order a copy of the Petition to be sent you, or such others, as are employed here in behalf of the Lord Baltimore, to the end you may acquaint them.

St. Jame's, June 23, 1680.

For William Blaythwaite, Esq. Secretary to the Right
Honourable the Lords Commissioners for Trade and
Plantations, at Whitehall.

SIR,

I had answered your letter of the 14th instant sooner, but that my going to Windsor just when I received it, hindered me then, and also made me think it proper to acquaint the Duke with the contents of it first; what I have now to say, is this, That by all which I can observe of the boundaries mentioned in Mr. Penn's Petition,

granted: it is also prayed, that my Lord's council may have a sight of the grant, before it pass.

On the publick account, it is offered, that some due caution be provided, that no arms, powder, shot, or ammunition, be sold, by any that shall settle in this new plantation, to the Indians, or Natives; for hereby a common mischief may happen unto all his Majesty's neighbouring Plantations.

This, with our thanks on my Lord Baltimore's behalf, for your care on him, is all at present, from Sir, your humble Servants,

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1828.1

ANNALS OF PHILADELPHIA.

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Duke his case and circumstances, in relation to the rea- That above Three Hundred Vessels belonging to son he hath to expect favour from his Majesty, touching Great Britain & others, your Majesties Dominions do anthat request of his, to be such, as that his Royal High-nually arrive at this city, the only place of Naval Comness commands me to let you know, in order to your in- merce within the Province & upon the safety of which forming their Lordships of it, that he is very willing Mr. the Trade of the Whole Principally depends. Penn's request may meet with success; that is, that he may have a Grant of the Tract of Land, which lies on the Northt of Newcastle Colony, part of Delaware, and on the West side of Delaware river, beginning about the Latitude of 40 Degrees, and extending Northwards and Westwards, as far as his Majesty pleaseth, under such regulations as their Lordships shall think fit.

Sir, your very humble Servant,

(To be continued.)

JO. WERDEN.

ANNALS OF PHILADELPHIA. From the recovered minutes of the Common Council, from 1704 to 1776; extracted for the Pennsylvania Ga

zette.

[Continued.]

17 Aug. 1741.-C. Hassell, Mayor. Frequent complaints having been made to the Board that many disorderly persons meet every ev'g about the Court house of this city, and great numbers of Negroes and others sit there with milk pails, and other things, late at night, and many disorders are there committed against the peace and good government of this city. The Board having taken the same into consideration; Do order that all persons depart thence in half an hour after sunset, and that the Constables of the s'd city be charged by the Magistrates to disperse all persons that shall meet there after the time aforesaid, and if they refuse to depart, to bring all refusing before any of the Magistrates of this city, to answer their refusal and misbe

haviour.

The Board having taken into consideration the great danger the Inhabitants of this city are in by means of Carts and Carriages driving thro' the streets at the Market Place on Market Days, to prevent the mischief that may Ensue, It is ordered that proper Iron Chains be provided to stop the passage of Carts and Carriages through the Market Places, which chains are to be put up on Market Days, at Sun Rise, and Continue till Ten o'clock in the Summer and Eleven in the Winter in the fforenoon.

4 May 1743.-William Till, Mayor. Complaints being made that several Persons have Erected Stalls in the Market Place with Merchants' goods on Market Days, and very much Incumber the Market, It is ordered that ye clerk of the Market remove all such stalls, who shall vend all such goods, that the Market place may be kept free and open.

23 Octr. 1744.-E. Shippen, Mayor.

The Board having taken into consideration the Defenceless state of this City in case of an Invasion by the Enemy, Are of opinion that a Petition to the King be forthwith prepared, Setting forth the Defenceless state of the said city, and requesting His Majesty to take the defenceless condition of the Inhabitants into consideration and to afford them such relief as his Majesty shall think fit.

A petition to his Majesty being ready prepared was offered to the Board by the Recorder, which was read and considered, which petition was approved of and ordered to be Ingrossed and is as follows.

To the King's most Excellent Majesty, The Humble Petition of the Mayor & Commonalty of the City of Philadelphia in the Province of Pennsylvania in America, in Common Councill assembled, Most Humbly Sheweth:

That the City contains at least fifteen hundred Houses & thirteen Thousand People, but it is without Batterys, Forts, or any kind of Fortifications, and the Inhabitants, like the rest of the People of the Province, are destitute of Arms & Ammunition, Unpractised in any sort of Military Discipline & under no legal obligation to arm themselves or Defend it.

That your Petitioners have just reason to believe that their defenceless state is well known to the subjects of the French King, as well in the Islands as upon the Continent, from whence we are daily under an apprehensive of an Invasion, which, if undertaken with so small an armament as Three or four Privateers, must in all human Probability, End in the destruction of the City and Total Ruin of the Inhabitants.

That the Proprietors & the Lieut. Govr. of the Province & many of the Inhabitants have frequently applied to the Assembly, to put the Province & this City into some state of defence, But they have constantly refused to do the same, declaring that Warlike Preparations are against their religious principles.

Wherefore, your Petitioners with all Humility, Do Throw themselves at your Majesty's feet, Beseeching your Majesty to take their deplorable Condition in Your Royal Consideration and tn afford them such relief as in Your Wisdom shall be thought fit, and they as in Duty Bound shall ever pray, &c.

Given under our Common Seal, at the City of Phila. The Twenty-third day of October, In the year 1744, & in the Eighteenth year of your Majestee's Reign, & signed by order of the Common Council.

18th Sept, 1747.-W. A. Attwood, Mayor.

It was represented by the Mayor to the Board, that as the time of Election of a Mayor for the ensuing year is at hand, and of late years it has been a difficulty to find persons willing to serve in that office, by reason of the great trouble which attends the faithful Execution of it. He therefore moved, that for the future, some allowance be made to the Mayor of this city, out of the stock of the corporation, for the support of the dignity of that office, & as some compensation for the trouble. The Board taking the same into consideration, the motion was approved, and the question being put, whether one hundred pounds per annum should be allowed, and paid out of the corporation stock, for these purposes for three years to come, it passed in the affirmative.

6th Oct. 1747.-W. A. Attwood, Mayor. Alderman Morris, the Mayor Elect, not being present, Charles Willing, & Saml. Rhoades were appointed to wait on him to acquaint him the Board had chosen him mayor for the year ensuing.

The two members appointed to acquaint Alderman Morris that he was elected Mayor, returned and informed the Board they had been at his House, & were told by his daughter that he was gone out of Town.

The Board being under some difficulty for want of knowing whether the Mayor Elect, would serve in the said office, concluded to meet again in the afternoon to consider what was proper to be done on this occasion.

6 Oct. 1747.-The Board being met to consider what was necessary to be done on occasion of the Mayor Elect's being gone out of town; The Recorder informed the Board that he had consulted the Attorney General & it was his opinion that a written Notice should be sent to Alderman Morris's House, signifying he was so elected as aforesaid; and likewise that a Messenger should be That the City of Philadelphia is situated upon the River despatched into the country, where it was said he was Delaware, Navigable by Ships of considerable Burthen, gone with a like Notice, who should endeavour to proby which means it stands exposed in the present Dan- cure his answer whether he would serve in same office gerous Conjuncture to the attacks of Vessels of War or not. In which opinion a majority of the Board conthat may be sent by your Majesties Enemies to Plundercurred, And accordingly two such Notices were made and Destroy it.

out & signed by the Clerk & the City seal affixed to each

by order of the Board, one of which was delivered to
Charles Stone, to be left with Alderman Morris's wife or
some one of the family if he should not be at home, &
the other was delivered to James Whitehead, who was
ordered to go up into Berks County or wherever else he
might be informed Alderman Morris was gone & en-
deavour to serve him personally with the sd Notice, &
bring his answer to the Board at the next meeting.
9 Oct. 1747.-James Whitehead, the Person Employed
to serve Alderman Morris with notice of his being elect-
ed Mayor, being called in, and sworn, said, That he had
been up into Bucks County & at Trenton, where it was
said Mr. Morris was gone, & tho' he had used his utmost

Endeavnurs, that he had not been able to find him.
Charles Slow being likewise call'd in & sworn, said
that he had been at the Dwelling House of Alderman
Morris and read the notice he was sent with to his wife
and would have delivered it to her, but she refused to
receive it & said her Husband was from Home and she
believed he would not return till Saturday night.

The Board then considering that since the Mayor Elect did not appear, to Accept of the sd office & take & subscribe the usual Qualifications within the time limited by Charter: Altho' the proper means had been used to give him Notice of his Election, it was necessary to proceed to a new choice, & thereupon Wm. Attwood was chosen Mayor for the Year Ensuing by a Majority of Votes.

19 Oct. 1747.-It being represented to the Board that the Swamp between Budds Buildings & Society Hill in the condition it now lies, is a very great nuisance & injurious to the Health of the Inhabitants living near it. Th Board having taken the same into consideration were unanimously of the same opinion.

Whereupon a Motion was made & agreed to by the Board, that Sami. Powel, John Stamper, Samuel Rhoads, Edwd. Warner, Benjn. Franklin & Wm. Logan, be desired to view the said Swamp & consider of the best means of removing the nuisance complained of, & what will be the best Method of improving the sd Swamp for the general use and benefit of the City & report their opinion concerning it to this Board as soon as conveniently may be. It was also resolved by the Board that the Mayor & Recorder, with Aldermen Taylor, Tench Francis & Thos. Hopkinson, be a committee to draw an Address to the Proprietor on this occasion, and that the same be laid before this Board for their approbation. 26 Novr. 1747.

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Weather. There was snow at Huntingdon, 17 inches deep on the 16th instant.

Marine Railway-One it is said is to be erected nex Christian street in this city.

Census of Sunbury.-By actual enumeration Sunbury contains 998 inhabitants.

Newspapers.-The Aurora and Franklin Gazette has been transferred to the editors of the Pennsylvania Gazette, which appeared on the 14th inst. as a morning instead of an evening paper, under the title of Aurora and Pennsylvania Gazette.

Dr. Thos. P. Jones, of this city, has been appointed superintendant of the Patent Office.

The Legislature adjourned on the 15th, having passed 213 bills and several resolutions.

operation, making an entire water communication be The Delaware and Hudson Canal is said to be in full

The Mayor proposed to the consideration of the Board that since the Inhabitants of the City seem now generally apprehensive that the enemies of our King and Country, encouraged by their knowledge of our defenceless state have formed a design of attacking us next spring.--tween this city and Lake Erie. Whether it might not be proper to petition the Honble. Judges of this Province to send over a number of Cannon for Erecting a Battery, with such a quantity of Arms and ammunition as to them shall seem meet. And the majority of the Board being of opinion that such a petition is necessary, & that the same ought to be forwarded by the next ship to London, a Draught thereof was brought in and read at the Board, and being approved of, it was ordered to be ingrossed and signed by the Mayor in order to be transmitted accordingly.

University of Pennsylvania.--At the commencement, 27th March last, the degree of M. D. was conferred on 133 gentlemen, of whom 44 were from this state.

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A new Post Office has been established ut Geiger's Mill, Robeson Township, Bucks Co. and John Sloana ker appointed P. M.-on the Downington route.

Another at Brumfieldsville, and J. Brumfield appoint. ed P. M.

A new Post Office has been established, about five miles from Wilkesbarre, on the Dundaff road, to be called Plainsville' and Samuel Saylor, appointed Post

Master.

Printed every Saturday morning by WILLIAM F. GEDDES, No. 59 Locust street, Philadelphia; where, and at the EDITOR's residence, No. 51 Filbert street, Subscriptions will be thankfully received. Price five dollars per annum--payable in SIX MONTHS after the commencement of publication-and annually thereafter, by Subscribers resident in or near the city or where there is an agent. Other subscribers pay in advance.

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DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE.

VOL. I.

EDITED BY SAMUEL HAZARD, NO. 51, FILBERT STREET.
PHILADELPHIA, MAY 3, 1828.

EARLY SETTLEMENT.

Extract of the Proceedings of the Lords of the Committee of his Majesty's most honourable Privy Council, for the Affairs of Trade, and the Plantations.

SIR,

NO. 18.

At Two of the Clock this Day, I met with your Letter to me, of the 18th instant, and a copy in it (which I here return you) of some part of Mr. Penn's Patent for Land in America.

[CONTINUED FROM PAGE 271.] Council Chamber, the Eighth of November, 1680. I am to first premise to you, that in cases of this naTo Mr. Attorney General. ture, it were most proper to have the advice of council SIR, learned in the laws, for settling the boundaries of any His Majesty having referred the Petition of Mr. Wil new Patent, which may be liable to encroach on those ham Penn unto the Lords of the Committee for Planta- of another's possession; but in regard I remember well tions, wherein he prays his Majesty to grant him a tract the Duke's directions, expressed in a former letter from of land in America, for the settling a colony and planta-me to you, by his Royal Highness's order, dated the 16th tion there; and their Lordships having received from him the inclosed draught of a grant, which he desires may pass to him, for the government of that colony, have commanded me to signify their desire to you, that, upon consideration of the powers therein proposed, you report unto them, whether you have, any thing to object against the same, their Lordships being to meet again upon the business, on Thursday next, at Four in the

afternoon.

of October, 1680, I shall frankly tell you my thoughts thereupon, viz. That I believe the description by lines of longitude (especially) and of latitude, are very uncertain, and so also is it, under what meridian the head of Delaware river lies, which I do believe hath never yet But it being the been observed by any careful artist. Duke's intention, that Mr. Penn's grant be bounded on the east side by Delaware river, and that his south limits be twenty or thirty miles beyond Newcastle (which colony of Newcastle is northwards, and distinct from Maryland, that being under the jurisdiction of Lord Baltimore) which extent northwards of Newcastle colony, we guess, may reach as far as the beginning of the forI formerly sent you the Petition of Mr. Penn, touch-tieth degree of latitude; therefore if Mr. Penn's Patent ing a tract of land, joining to New York; and received be so worded as to leave Newcastle twenty or thirty your answer thereupon, which I presented to the Lords miles beyond it free, and to be bounded on the east by of the Committee of Plantations; and now send you, by Delaware river, I think this is all the caution that needs their Lordships order, an extract of so much of the Pa- as to the Duke, who will not concern himself how far tent which he is solliciting, as concerns the boundaries, north or west Mr. Penn's Patent takes in. to the end you may make your objections to it, in behalf I am, Sir, your most affectionate of his Royal Highness, if you see cause, the committee Friend and Servant, having appointed to take this business into their further consideration on Tuesday next, at Four in the after

Council Chamber, the Eighteenth of November, 1680.
To Sir John Werden, about Mr. Penn's Patent.
SIR,

noon.

Council Chamber, the Eighteenth of November, 1680. To the Agents of the Lord Baltimore, about Mr. Penn's

Gentlemen,

Grant.

On the Fourteenth of June last, I sent you, by order of the Lords of the Committee for Plantations, the Petition of Mr. Penn, who prays a Charter, for making a Settlement northerly of Maryland; and I received your answer; in behalf of my Lord Baltimore, on the Twenty-third following, which I accordingly laid before the committee; since which time their Lordships have perused the Draught of Letters Patent, which Mr. Penn desires to have pass unto him, and which, he alleges, was put into your hands, according to their directions, in order to receive your objections, if you had any to make; wherefore their Lordships command me to give you notice of the meeting of a committee on Tuesday next, at Four in the afternoon, for the further consideration of this business; and that, in case you have nothing more to offer to their Lordships at that time, they will thereupon take their final resolution concerning the said I am,

Patent.

St. James's, the Twentieth of November, 1680.
For my honour'd Friend, William Blaythwaite, Esq.
Secretary to the Right Honourable the Lord's Com-
missioners for Trade and Foreign Plantations.

JO. WERDEN.

St. James's, the Twenty-third of November, 1680. For my honour'd Friend, William Blaythwaite, Esq. Secretary to the Right Honourable the Lords Commis sioners for Trade and Foreign Plantations.

SIR,

Mr. Penn having often fallen into discourse with me, of his concerns in America, since I wrote to you on Saturday, I have told him the substance of what I wrote, and he seems to fear, that if his south limits be rightly set at twenty or thirty miles north from Newcastle Town, he shall have so little of the river left, as very much to prevent the hopes he hath of improving the rest within his Patent; but, on the other side, he is willing, that twelve English miles, North of Newcastle, be his boundary, and believes the distance will fall under the beginning of the fortieth degree of latitude; I have already signified to you, all I know of the Duke's mind herein, which is, in general, to keep some convenient distance from Newcastle, Northwards, for a boundary to that colony. But I confess I do not understand, why it is precisely necessary to insist on just such a number of miles, more or less. in a country of which we know so little, and when all the benefits are intended to this Patentee which others enjoy; so as I submit this point to their Lordships consideration, and do not think it material to add more at present, from

Your very affectionate Friend and Servant,
JO. WERDEN.

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