1830.] RECORDS OF PENNSYLVANIA. I find put them in the wrong at home. No dependance is to be had on the Assembly or People here, for any assistance of consequence. The principal thing which they have in view is to distress you and your Governor into a compliance with them or oblige you to give up the government. The former they seem to have laid aside the hopes of; and therefore bend their force to obtain the latter. 251 persons as he shall think proper to bring with him, should meet the troops on their march to Shippensburg, where they will wait his arrival or answer in order to consider what measures shall be proper and necessary to be taken to forward the public service. (Signed) Thomas Dunbar, Thomas Gage, Rup Chapman, Wm. Sparke. Major General Shirley, August 6, 1755, from the camp on the Mohawk river, 36 miles from the Oneida carrying place, wrote to Colonel Dunbar-Ordering him to take upon him the command of his own and Sir Peter Halkett's regiments, and without delay proceed to the city of Albany, leaving a proper number of officers of each regiment in Pennsylvania, Maryland, and New Jersey, to recruit for completing the said regiments to their full complement of 1000 men each. It being the opin August 5. Col. Dunbar to Governor-Fort Cumber-ion of Gen. Shirley as expressed in a letter to Governor land, Aug. 1. "I march from this to-morrow with 1200 men. I leave the Virginia and Maryland companies, with some of the train to protect this fort and the general hospital! where there is about 400 wounded or sick." August 8. Scaroodyady and others, Owendats and 6 Nations, made speeches. Letter from Col. Dunbar, Fort Cumberland, July 24: "I have been told that Gen. Braddock threatened this province with giving the men free quarters.-This may make the people unwilling to quarter us. But this is not my scheme-which I beg you will assure them.All I desire is that the troops may be with them as they are in England. About 800 officers and soldiers killed and wounded." Aug. 15. Warm and long controversies between the Governor and Assembly about the bill for raising £50,000; as to taxing the proprietary estates, arguments fully gone into. Letter from the Mayor and Corporation of Philadelphia, in answer to Governor, stating that they knew no law authorizing them to provide quarters, &c. therefore it was not in their power to obey the order. Signed William Plumstead, Mayor, and others. Message to Assembly recommending a militia. Message recommending to the Assembly to pass a law to provide quarters. Angry messages from Governor and Assembly, about the presents to be made the Indians now in town, Assembly say the "Treasury is exhausted. The Governor has been pleased to refuse his assent to our bill providing for Indians and other expenses. However they would do all that could be reasonably expected, leaving the rest to be supplied by the Proprietaries, who are at least as much concerned in engaging the affections of the Indians at this time." Morris, that the populous provinces of Pennsylvania, Maryland, and Virginia, are able to protect themselves upon the present emergency." A great number of petitions from the inhabitants of the frontier and other counties, setting forth their defenceless state and beseeching the Governor to enable them to defend themselves and families, &c. which was sent to the Assembly, with an account from John Harris that a large party of Indians actually set out from the French fort with design to fall upon and destroy the inhabitants of this and the neighboring provinces. August 19. Fresh orders from General Shirley to Colonel Dunbar, dated August 13th, “To collect as soon as may be, such provisions, pieces of ordnance, ammunition and horses, as he might meet with at Winchester and Fort Cumberland, or elsewhere in Virginia, (reserving for the said fort what he might think necessafor its defence) as also such as he should receive from the Lieutenant Governors of Pennsylvania, Maryland, and Virginia, and those he buried in his retreat: and immediately to march to Fort Duquesne, besiege it, and thence proceed to Presque Isle, and attempt its reduction. If it was impracticable to follow those instructions then to pursue those of the 6th August." ry Letter from Gov. Morris to Gen. Shirley, dated Philadelphia, August 19-stating his fears nothing could be done; that the Assembly had done nothing. That uncommon pains had been taken by the Quakers to prevent taking up arms-that a majority of the Assembly were Quakers. Their influence was great and the inhabitants now seem as unconcerned as ever. The As Letter from Col. Dunbar to the Governor, dated the camp at the widow Beringus, August 7. "As soon as I had the favour of your letter I called the field officers now with me and shewed it to them, and after consider ing your proposals we came to the resolution on the oth-sembly would not pass a law for a militia, nor raise super side, which we hope will be agreeable to Governor plies. As he could not conceive the other Provinces and the Council, and satisfy until we have the pleasure would carry on an expedition against Fort Duquesne, of meeting at Shippensburg, where I hope to be about without the aid of this, he had not the least hopes that the 17th inst. and as we pass to leave a good guard at any thing of that kind will be undertaken this year, nor McDowell's mill. As to the number of troops you ima- even in the next, without Parliamentary interposition gine I have with me, you are greatly mistaken. I left That Col. Dunbar's troops could be no where so well upwards of 300 wounded and sick at Fort Cumberland, employed as in strengthening Gen. Shirley in gaining in the hospital; and as I left great quantities of powder the important pass at Niagara, in which, if he succeedand other stores there, I left all the Virginia and Mary-ed, Fort Duquesne would become of little or no conseland companies to protect both. The troops now with me are not the best. General Braddock's army consis ted of all that went with him towards the French fort, both officers and soldiers were picked, and those now with me are naked; not near so many shirts, breaches, shoes, and stockings, as men; nor half the usual number of tents to cover them from the inclemency of the weather. But as they are, I am ready to do every thing that can be judged reasonable for the honor of my master and good of his country, as you will find at meeting." Camp, (as before,) August 6. Col. Dunbar having assembled the field officers, to consider the contents of a letter received by him from Governor Morris, of the 30th July, do give it as their opinions that the Governor's request of sending troops to McDowell's mill, the towns of Shippensburg and Carlisle, to cover the frontiers of Pennsylvania, should be complied with; and they do think it necessary that the Governor, with such other¦ quence to the French, as it would be impossible to supply or reinforce it. Gov. Morris also wrote to Col. Dunbar-that he had given these opinions to Gen. Shirley; and that he was clearly of opinion that it would be more advisable for him to adhere to his former instructions, and continue the march of the army to Philadelphia. That the Assembly had spent their time in a fruitless controversy, and would he feared do nothing adequate to the present emergency. August 20. A council with the Owendats and some of the 6 Nations. Long and eloquent message from the Assembly, relative to taxing the Proprietary-insisting on their bill. Governor informed by the Assembly, by message, that some "inhabitants of the city, observing with concern that the Governor and Assembly differ in opinion on the bill for raising £50,000, rather than the least hindrance should be given to his Majesty's service at this time of imminent danger by a sum so very trifling as 3. That by some mismanagement we had not an Inthey apprehend the Proprietary's share of the Provin- dian with us. That what friends there were last year cial tax might amount to, have petitioned the House, and are lost, and no new ones gained. That Gen. Braddock engaged to pay £500 in behalf of the proprietaries into could not get above eight or nine to attend him; from the public stock; being well assured that it would have which circumstances he laboured under many inconvebeen altogether unnecessary were the proprietary pre-niences--nor do we hear of measures being taken to get sent, and that they had no doubt he would honourably any. That what assistance you may expect from Vir acquit every subscriber. They therefore hoped the ginia in troops, we are under the strongest apprehen Governor would cheerfully pass the bill. sions you will be disappointed in, as more than half of Aug. 21. The Governor adhered to his amendments.the Virginia companies that were with us have deserted Message to Assembly-"On the 9th instant, I recom- for want of pay. That the season is now approaching mended to you to establish a militia-but received no when the falls of rain may be expected which will conanswer. I now call on you and insist on a plain and sequently raise the several rivers we have to pass so as categorical answer, whether you will or will not estab- to occasion the building of floats to transport the troops, lish a militia; that his majesty and his ministers may &c. over, which is almost impossible to put in execution, be informed whether at this time of danger the province if the enemy should chuse to make an opposition; and of Pennsylvania is to be put in a posture of defence or that the swampy grounds and clayey mountains we have not." to march over, would be rendered extremely difficult, scarcely practicable, and an absolute want of forage but what we could carry with us. That it greatly surprises us Gov. Dinwiddie should send you such a return of the troops, as he could have no authority for so doing, not having had it in his power to know a true and exact state of them. August 22. Several petitions from the frontier townships were read, in which is described in the most moving language, the distressed condition of the inhabitants for want of association, military discipline, arms and ammunition. The Governor informed the Council that he had called them together at the instance of Scarooyady, who wanted to say something of importance to this government in private council, but fearing least some of the Indians should come along with him, he had delivered it to Mr. Weiser. It was this: And, lastly. Were we to march immediately from hence with the greatest expedition, it would be impos sible to arrive at Fort Duquesne in less than six weeks. And we humbly conceive that before we could be provided with a proper train, provision, and every thing that would be necessary for such an expedition we could not expect to arrive there before the middle of November, and should we not succeed in the attempt we must inevitably perish, as the mountains are cover "Brother, the Governor of Pennsylvania, and all the English on this Continent. It is well known to you how unhappily we have been defeated by the French near Minongelo. We must let you know that it was the pride and ignorance of that great General, that came fromed with snow generally in the latter end of Cctober,and England. He is now dead; but he was a bad man when there is no place to retreat to nearer than Fort Cumberhe was alive. He looked upon us as dogs, and would land. This is, sir, the real state and condition of both never hear any thing that was said to him. We often officers and soldiers. And as we are now so near Philendeavored to advise him and to tell him of the danger adelphia, the only place to recruit our men with proper he was in with his soldiers. But he never appeared necessaries, we proceed to it, which we humbly conpleased with us, and that was the reason that a great ceive cannot retard our schemes, provided you shall many of our warriors left him and would not be under hereafter think proper to put them in execution, either his command. Brethren-we would advise you not to by going to Fort Duquesne or to Aibany. Therefore give up the point, though we have in a manner been shall wait your further commands at Philadelphia. Signchastised from above. But let us unite our strength.-ed by Thomas Dunbar and others, You are very numerous, and all the English Governors along your sea shore can raise men enough. Don't let those that come from over the great seas be concerned any more. They are unfit to fight in the woods. Let us go ourselves; we that come out of this ground. We may be assured to conquer the French." August 28. Colonel Dunbar to General Shirley; camp at Pine Ford, August 21, 1755. "Upon the receipt of yours, I thought proper to call the field officers, who after the most mature deliberation do unanimously agree that it is impracticable to carry on an expedition to fort Duquesue, from hence, at this time of the year, and give the following reasons, viz Letter from Gov. Morris to General Shirley; August 24. "In addition to Col. Dunbar's return, it may be ob served that Pennsylvania, the province in which Fort Duquesne is, and the best able to contribute largely to such an expedition, as it abounds with men, horses, carriages and provisions, will do nothing towards it, the Assembly baving set a month and adjourned themselves without raising any money for that service. My intelligence from the army is that they are in a very bad or der, the officers disagreeing with one another, and most of them having a contempt for the Colonel that commands them; that the men are in a poor and ragged condition, and don't relish another campaign, as it is called. I find also that the scheme is to loiter as much time and make as many difficulties as possible that these troops may not move from this place, or if that cannot be done that they may go no further than Albany this season. 1. That the only cannon we have are 4 short six pounders; that the 4 cannon at Winchester weigh upwards of 30 hundred weight each, and left there by the Jate General Braddock's orders, from the impossibility there was of carrying them with him; that those at Fort Cumberland are only four pounders, weighing from 12 Message from Assembly to Governor-that they inclito 13 hundred weight each, and mounted on ship carria-ned to adjourn to 15th September. Another that they ges with iron trucks, and Captain Orde informs us that would wait the opinion of their superiors on the points they are only fit for ship service. in dispute. As to the militia, the elections were com2. That we have not above one third of our camping on, and the people would decide how far a militia equipage, and our soldiers almost naked, and that all was expedient. the cannon, mortars and ammunition, that the late General Braddock had with him the French now have to strengthen their Fort. And we must beg leave to undeceive you in regard to what you are pleased to mention of guns being buried at the time Gen. Braddock ordered the stores to be destroyed, for that there was not a gun of any kind burie; and the four that are now left are two that Colonel Dunbar had with him, and two that were left at Fort Cumberland. Letter from Gov. Morris to Secretary of State-attributes the proceedings of the Assembly to the Quakers and Quaker preachers. Sept. 2. Gov. Dinwiddie writes to Gov. Morris, complains of Col. Dunbar's ordering away the independent companies. That he left at Fort Cumberland 400 sick and wounded, the remains of the provincials, 170 effective men to do duty. That he had put out 6 companies of Rangers to protect the frontiers. That in June the 1830.1 RETAILERS OF FOREIGN MERCHANDIZE. Assembly had voted £22,000, and now a further sum of 40,000 for the service of his Majesty. He proposes aug. menting their troops to 1200, and with the assistance of Pennsylvania and Maryland, marching over the mountains in October, and building a fort at the Great Crossing or the Meadows, and leave a garrison of 800 men all the winter. "If Col. Dunbar had entrenched himself in the Meadows, and sent in to the different Governors it would have been a wise step; for Col, Innis writes me that the day after the engagement the French destroyed all our artillery except the 6 pounders, which they carried to their fort, being apprehensive that the main body of our army would have made a second attack and afraid the artillery would have fallen into their hands. — It appears to me that an infatuation attended all our movements." 253 same in the form in which said goods are imported, to Sect. 3. And be it further enacted by the authority aforesaid, That all persons dealing as aforesaid shall be classed according to the amount of annual sales by them respectively made and effected, in the manner following, that is to say, those who are esteemed and taken to make and effect annual sales to the amount of fifty thousand dollars, shall constitute the first class; those to the amount of forty thousand dollars the second class; those to the amount of thirty thousand doll Answer. Sept. 3. Col. Dunbar arrived 29th August, in Philadelphia. "I am much with you in opinion that it would have been right in these Colonies to have made a second attempt upon the French but"-"my Assembly instead of promoting the King's service, are doing all they can to render his administration odious, and to set the great body of Germans in this province against the government under which they live, and I believe will more than any thing prepare them to receive the French proposals. This state of affairs makes it impos-ars the third class; those to the amount of twenty sible for me to assist you." (To be continued. ) AN ACT Graduating the duties upon wholesale dealers and re- COUNTY SS. thousand dollars the fourth class; those to the amount of fifteen thousand dollars the fifth class; those to the amount of ten thousand dollars the sixth class; those to the amount of five thousand dollars the seventh class; those to the amount of two thousand five bundred dollars the eighth class. And any dealer to a less amount of annual sales shall be classed in the said eighth class; Provided, That any feme sole trader or single woman in this commonwealth, who shall vend foreign merchandize and whose annual sales shall not exceed those of the eighth class, shall not be required to take out a license under the provisions of this act, Sect. 4. And be it further enacted by the authority aforesaid, That the associate judges and county commissioners of each county within the commonwealth, shall at the third term of the court of common pleas or mayor's court in this year, and the first term in each year hereafter, taking up the returns of said constables from the said returns and their own knowledge, make an accurate and correct list of all merchants trading or doing business within their respective counties or cities, and place each of the said merchants in that class which shall to them appear right and just, by the number thereof as provided in the preceding section, according to the amount of sales by them respectively effected annually, as near as the same can be ascer classes above described, which said list shall be signed by the associate judges and commissioners, or a majority of them, and delivered to the county treasurer on or before the second Monday of the third term in this year, and on or before the second Monday of the first term in each year hereafter; and if it shall thereafter appear that the name of any merchant, taxable under this act, merchandizing as aforesaid, shall not have been returned by said constable or included by said judges and commissioners, the same may be returned by the county treasurer at any time thereafter, and the said judges, upon notice to be given by said judges and commissioners, upon notice to be given by said treasur er to such merchant, of the time and place of so doing, proceed to classify said merchant as aforesaid. has paid to me for the use of the commonwealth, dollars, which entitles him to whole-tained, not fixing any one of them between any of the sale or retail foreign merchandize and liquors, as a wholesale dealer or a retailer of foreign merchandize and liquors, of the class, within the county of for one year, from the first day of September, (or May as the case may be,) one thousand eight hundred and A. B. Treasurer of County: Provided always, That the sale of liquors shall not be hereby authorised in measures less than those of one quart; and that nothing herein contained shall be construed to extend to physicians, apothecaries, surgeons or chemists, as to any wines or spirituous liquors which they may use in the preparation or making up of medicines, for sick, lame, or disordered persons. And provided also, That the licences issued on the first of September next, shall be for the term of eight months, and expire on the first day of May ensuing, and be paid for that period in proportion to the rates for such licences hereafter fixed by this act, and at the expiration of said time such licenses shall be issued from the first day of May for the term of one year, unless in case of wholesale dealer or a retailer commencing after said date, as provided hereafter by this act. Provided That nothing in this act shall be taken or construed so as to require the importer of foreign goods disposing of the Sect. 5. And be it further enacted by the authority aforesaid, That it shall be the duty of the said judges and commissioners, to fix upon some day certain, of which reasonable public notice shall be given, when any of the merchants defined and described in the first section of this act and required to take out a license as aforesaid, or their agents or attorneys, may appear before the said judges and commissioners and show the amount of their annual sales during the year previous, and if such merchants shall not so attend, it shall be the therefrom a commission similar to what is now allowed for the payment of moneys arising from tavern licenses, and such settlement and all the remedies and duties in relation thereto shall be regulated by the provisions of the third section of the act of twelfth of March, eighteen hundred and twenty-five, entitled an act more effectually to secure the collection of the revenue from tavern lcenses and for other purposes. Sect. 10. And be it further enacted by the authority aforesaid, That the aforesaid city and county treasurers previous to entering upon the duties enjoined upon them by this act, shall enter into bonds with sufficient security, conditioned for the faithful performance of their trust to the commonwealth, according to the provisions of the act of fifteenth April, one thousand eight hundred and twenty-eight, relative to treasurers' bonds, and the regulations prescribed by said act are hereby extended to all bonds to be taken under this act, and in case the bonds required as above are not transmitted within one month after the appointment of the said city or county treasurers, it shall be the duty of the auditor general to give notice to the county commissioners, who shall forthwith proceed to remove said officer so neg. lecting or refusing to give bond from his said office and appoint some other person in the place of him so remo Sec. 7. And be it further enacted by the authority aforesaid, That it shall be the duty of the respective clerks of the several Mayor's courts and courts of Quarter Sessions within this commonwealth, immediately after receiving from the said judges and commissioners the lists containing the names of the wholesale dealers and retailers of foreign merchandize within their res-ved. pective counties, together with the classification afore. said, to transmit to the auditor general and the treasurer of their respective city or county duplicate copies of the same under the seal of court, and it shall be the duty of the auditor general to charge the treasurers of the said cities or counties with the amount payable by the several persons mentioned in said lists, from the payment of which the said treasurers shall be exonerated | only by procuring satisfactory evidence to the account ing department, that the person or persons so returned were not wholesale dealers and retailers of foreign merchandize or liquors according to the true intent and meaning of this act, and that it was impracticable to col-ponsible for said duties or the collection thereof. lect and recover the same. Sec. 8. And be it further enacted by the authority aforesaid, That it shall be the duty of the proper city or county treasurer, on the first day of October in this year, and on the first day of June in each year hereafter, to make out a correct list of all those who have not paid the duty and obtained license, it shall be the duty of such city or county treasurer to institute a suit against such delinquents under the directions of the second section of the act of the fourth of March one thousand eight hundred and twenty four, entitled a supplement to the act laying a duty on retailers of foreign merchandize,and the per centage recoverable by the said city or county treasurer, from the delinquents for his own use as a compensation for his services in the suits aforesaid, shall be five per cent. in lieu of the ten authorized by the above act. Sect. 11. And be it further enacted by the authority aforesaid, That the act of the second of April, eighteen hundred and twenty one, entitled an act laying a duty on the retailers of merchandize and the first section of the act of fourth March, eighteen hundred and twentyfour, supplementary thereto and such parts of said last act as are inconsistent with the provisions of this act are hereby repealed. Provided always, That such repeal shall not have any effect upon duties now payable or accruing under said act, or upon any remedies or actions for the recovery of the same or to diminish the liability of any retailers or officers under the said act, now res The following table shows the operation of the old Duties on Retailers of Foreign Merchandize from the comlaw. YEAR. mencement in 1821 to 1829, inclusive. Philad'phia Philad'phia City & Co. Wh. State City. County. Total. Total 1821 1822 12347 31 5841 88 1823 7779 61 2026 28 1824 2831 31 727 05 1825 20236 90 5690 62 18189 19 2372 64 35658 22 Sec. 9. And be it further enacted by the authority aforesaid, That the respective clerks of the court of quarter sessions and mayor's courts shall keep a record of the schedules and classifications made under this act and shall be entitled to the sum of three cents for each name registered and returned by virtue of this act, and the respective city & county treasurers shall be entitled to demand and receive from each person to whom they shall deliver a license as aforesaid the additional sum of twenty-five cents, as a compensation for his services in making out, registering and delivering such license, and each constable shall be entitled to receive twelve and an half cents for each name correctly returned in his In the course of the investigations which it has been list, to be paid to the said constable and clerks by the their duty to make, they have viewed with deep regret proper city or county treasurer out of the funds created the multiplicity of Taverns within the city limits. It by this act, and the said county and city treasurers res- has appeared in evidence that licenses have been grantpectively, once in each year, to wit, on or before the seed in instances wherein the parties are in the constant cond Tuesday of December, shall settle their accounts habit of selling spirituous liquors in very small quantiwith the auditor general and pay over to the state trea- ties, and that persons have actually been furnished surer all moneys received by them from dealers in for- with liquor for which only a single cent has been deeign merchandize in pursuance of this act, deducting | manded. Augmentation of revenue is sometimes of fered as a reason for granting licenses; but surely the framers of our laws never intended to accumulate misery or increase crime, by sanctioning licensed grogshops; places for vending liquors in the smallest quantities to those whose daily labour is scarcely sufficient to support their families. The jury cannot but believe that if greater caution were used in granting licenses, and that if the court issued none but to persons of good character, and whose places of entertainment were adapted to accommodate the public, many of the crimes which fill the docket and continue to disgrace our city, would not exist, at least in the painful degree which is now obvi ous. The Inquest view, also, with an unfeigned sorrow the many Lottery offices which are swallowing up the hard earnings of the poor, and by holding out the delusive promise of a fortune, making them unfit for their regular business; this is an evil of great and increasing magnitude. Information has reached the jury that a bout 403 offices for the sale of tickets are now open in the city and liberties, besides a considerable number of persons who pass through our markets and endeavour to draw in the weak and credulous. Their efforts do not operate only on the uninformed part of the community, but the Jury believe some who have heretofore sustained characters of reputation, have fallen victims to them. We therefore are of opinion that, if lotteries either of our state, or the sale of the tickets of those of other states, were wholly prohibited, incalculable benefit would be the happy result. I This inquest is also of opinion that the facilities afforded by the too indiscriminate purchases of Pawnbrokers, and other dealers in the articles generally known as second hand, and in a great degree accessary to and encouraging the numerous instances of petty larceny which fill the record-and they are presented, in the hope that if any measures are in the power of the court to check this evil, they may be resorted to. 255 course of law;-if he pays the committing magistrate's THOS. PHIPPS, Foreman. WM. E. LEHMAN, Secretary. COMMUNICATED. SCARCITY OF LAWYERS. Petition of Francis Daniel Pastorius, to the Governor and Council of Pennsylvania; from the original in his own hand writing, among the papers at Stenton. Read in Council March 1, 1708-9. To Charles Gookin, Esq. Lieutenant Governor of the Province of Penasylvania, Es. and his honorable Council. The earnest petition of Francis Daniel Pastorius humbly sheweth, that whereas your petitioner is not only a copartner of a certain company called the Francfort Company, but also hath served the same the space of seventeen years and five months without the least payment from the said company of a reasonable salary promissed him out of the revenues of their Pennsilvanian The Jury have noticed, with much concern, the large estate; and moreover, hath considerably disbursed onnumber of boys collected almost every evening, and their account; and one John Henry Sprogel, through the during the Sabbath, at the various corners of the pub-contrivance or plotting of Daniel Falkner, in the last ad lic streets and near the engine and hose houses. They believe these collections to be of serious injury to the morals of the youth, and subversive of that good order which ought to prevail in our city. They, therefore, present them as nuisances which the peace officers ought to disperse, and which ought much more frequently than appears to be the case, engage the salutary care of the city police. They also deem it their duty to notice the encroachments on the side walks of the streets, by the numerous wheel barrows found passing there, to the annoyance, and frequent danger of passengers. It has been said that an ordinance is in existence, imposing a fine on certain descriptions of barrows thus wheeled on the brick pavement, but the Jury cannot but fear, that from some cause or other, the ordinance is not duly enforced; if in the power of the court to institute measures of a remedial nature, they hope this matter will be attended to. The great number of boxes, casks, and other packages placed on the side walks, are also great obstructions in the street. The Grand Jury likewise present the practice of some of our magistrates, committing idle and disorderly persons, or vagrants, until discharged by due course of law, and of again discharging them at their pleasure. It is believed that such a practice, though somewhat sanctioned by usage, has no foundation in law, and that any such person being thereof legally convicted before a justice, cannot be properly committed to prison, except for a term not exceeding one month-such commitment, in their apprehension, is the only legal one that can be made, and when so made, it is a sentence of the law, over which the committing magistrate has no control. But it is a common thing, as the Grand Jury understand, for commitments to be made for various periods of time, or until the prisoner be discharged by due journed court held for the County of Philadelphia the 18th of January,by means of a Fictio Juris, (as they term it) wherewith your petitioner is altogether unacquainted, hath got a writt of ejectment, which, tho' it does not affect your petitioner, yet the said Sprogel would have ejected him out of his own home. Therefore your pe titioner humbly intreats the honorable Governor and his Council, to be pleased to take into your serious consid eration, 1st, That the said Falkner, what he hath done in this case, did do, solely by himself, beyond his pow er, and contrary to the mind and will of his joint attor ney, Johannes Jawert. 2dly. That, Sprogle cannot show any deed of sale from your petitioners Copartners in Germany, the which, if the French had taken, (as he sometimes will say) might by him have been procured afresh; he afterwards lying still in Holland several months. 3dly. That, even suppose that he had bought the shares of those in Germany, then the said company or their attornies here, ought in honesty, to make up their accounts with your petitioner, and satisfy what is justly owing to him and others, pursuant to their contract of Society. 4thly. That the said Sprogel having at once, in the last adjourned court above mentioned, got the said writ of ejectment so as to finish this his contrivance in the County Court to be held the 3d day of the next month, between which, and the former, no provincial court will intervene, ffor a writt of error, and hath further fee'd, or retained, the four known Lawyers. of this province, in order to deprive, as well your petitioner, as likewise Johannes Jawert, of all advice in law, which sufficiently argues his cause to be none of the best, And so, finally, your petitioner, notwithstanding he was the first of all Germans who came into this country since it is a Province, yet being but poor, and unable to fetch Lawyers from New York, or remoter places, makes this his humble application to the honourable Governor |