CALENDAR STATE From } WE F 226 V81 416 1 } 7 VIRGINIA STATE PAPERS 05 1. AND OTHER MANUSCRIPTS, JULY 2, 1790, TO FROM LASERVEDE SAPT THE SAME AT RICAMONU, ARRANGED AND EDITED BY WP PALMER, M. D., AND SHERWIN MCRAE. VOLUME V. RICHMOND: DERR, SUPERINTENDENT OF PUBLIC PRINTING. 1885. ļ : ** ARTES LIBRARY: 18371 VERITAS UNIVERSITY OF MICHIGAN *E-PLURIBUS UNUMS TUFUOR SCIENTIA OF THE SIQUAERIS PENINSULAM AMOENAM CIRCUMSPICE. WYSTAWZBYTENANTRYCKY CAN (IN AINESVAIN (BY (INAV 2001 DISNEYMANOVCAN PSYZSYKSYTI : 1 i : 1 F 221 V81 ERRATUM. On page 88, 8th line from bottom, for "James Junes,” read “James Innes." CALENDAR OF VIRGINIA STATE PAPERS AND OTHER MANUSCRIPTS, FROM JULY 2, 1790, TO AUGUST 10, 1792, PRESERVED IN THE CAPITOL AT RICHMOND. ARRANGED-AND EDITED BY WM. P. PALMER, M. D., AND SHERWIN MCRAE. VOLUME V. RICHMOND: RUSH U. DERR, SUPERINTENDENT OF PUBLIC PRINTING. 1885. Entered according to an Act of Congress, BY THE COMMONWEALTH OF VIRGINIA, In the Office of the Librarian of Congress at Washington. JAMES E. GOODE, PRINTER. PREFACE. The present volume of the Calendar of Virginia State Papers is the fifth of the series, about one half of which was arranged and edited by Dr. Wm. P. Palmer, M. D., of Richmond, Virginia, when failure of health compelled him to abandon the work which he was so well qualified to conduct and complete, and the residue of the volume, was arranged and edited by the subscriber, with an index added. Each successive volume of the Calendar furnishes facts and information illustrative of the history, genealogy, and biography of the people of Virginia, for the most part not to be obtained elsewhere. Much knowledge of the genealogy of Virginians is derived from the numerous names and places recorded in the Calendar-often indicating an ancestor who had been sought in vain, through all the mists of tradition and vague history. To the individual, family history is one of the most interesting subjects of human knowledge, and thus a paper appearently trivial, recorded specially for preservation, is often found to be the source of valuable information in personal history or gene- alogy; but the chief value of this volume of the Calendar, consists in its containing the papers which relate to the Commonwealth, at the point of time when Virginia transferred to the United States certain sovereign powers, which the state had exercised exclusively; but the volume is yet more interesting for the history of events transpiring at a time when the United States was in danger of disruption, and the integrity of the territory of Virginia was threatened. The perils of the United States soon after the adoption of the present constitu- tion, exceeded any to which the country had been exposed since the termination of the revolutionary war. The years 1789-90–91-92-93 were peculiarly critical. When the constitution of the United States was adopted, the western and north- western frontiers of Virginia was the theatre of never ceasing Indian murders and robberies. A cry of distress floated on every breeze which blew from the west. The frontiersman was the object of Virginia's special care and solicitude, and her western domain among the most valued of her treasures. Kentucky was her oldest daughter, and the pride of the mother. Virginia guarded this treasure with cease- less vigilence, and organized an army of scouts and rangers for its defence and protection as the most suitable which could be devised. One of the most import- 123818 iv PREFACE. ant subjects which first engaged the attention of Washington was the relation of the United States to the Indian tribes, which inhabited the western frontiers of the United States. The pacification of the Indians, and judicious treaties with them he regarded as of much more importance than the relations with European and other foreign powers. Owing to the great extent of Virginia's western and northwestern frontier, her relation to the Indians was more comprehensive, and her machinery for the protec- tion of her people more elaborate, complex and expensive than that of any other state. Washington well knew this, and at what cost Virginia had defended her western and northwestern frontier from the savage ferocity of the Indian. Under the constitution of the United States, the power which had been exercised by the State for efficient defence, was transferred to the United States exclusively. This transfer was fraught with great danger. The United States unprepared, found itself unable to give the frontiers the necessary protection for life and property. Kentucky and the border counties protested against the withdrawal of Virginia's protection, and although there were constitutional difficulties in the way of State protection, the good sense and patriotism of Washington preferred the coöperation of Virginia with her plan and means of defence, to massacres and pillage, which the govern- ment of the United States, without the aid of Virginia, was impotent to prevent. Acknowledged inability of the United States to protect the settlements from murder and pillage by the Indians, would have been fatal to the government; but this was not all of the perils to which the new government was exposed. In the midst of the Indian troubles, there arose a controversy between Virginia and Pennsylvania of the most serious character. The constitutional obligation to sur- render fugitives from justice, and to surrender fugitive slaves, with the complica- tion of contradictory testimony, sustained by the oaths of credible witnesses; the quarrel fomented and aggravated by the hatred of individuals and the creed of fanatics; the States being coterminous, and the hostile parties in close proximity, the irritation was perpetuated by constant contact, and could not be allayed. The propriety of complying with the demand of Pennsylvania was difficult to deter- mine, and required time for decision. Unfortunately before this case was disposed of, two other similar cases arose between the same states, increasing the excite- ment and difficulty. The power of the United States was invoked to coerce Vir- ginia to make the surrender, but Washington recognizing the delicacy of the sub- ject, abstained from participating in the controversy, although pressingly urged so to do. The prudence and influence of Washington averted a collision which seemed inevitable. But one of the greatest perils to which the state and United States were ever exposed, lurked in the mammoth land companies and schemes of gigantic land speculators, the design of which in particular cases, was the control of the vast domain extending from the Mississippi to the Pacific ocean, and as an essential feature of the scheme, to form a Western Republic, surpassing in extent of territory the original thirteen states, and in fertility and mineral wealth any other part of North America. At this day we have but little conception of the danger which lurked in these land companies. Most of the incorporators no doubt, were seeking settlements on PREFACE. the rich lands of the west for the peaceful pursuit of agriculture, but the ambitious statesman and greedy land speculator saw a vast territory greater than that of the original thirteen states, of matchless fertility and wonderful mineral wealth, which Spain invited them to occupy almost gratuitously. While the invitation to such an Eldorado would be largely accepted by citizens of the United States and people of all nationalities, there was reason to believe that Kentucky would be the leader in this enterprise to form a great western republic with access to two seas. Kentucky, the pioneer commonwealth of the west, ever agitated by the ceaseless claim of the free navigation of the Mississippi, a privilege indispensable to the develop- ment and prosperity of that rising commonwealth, tempted first by the French, and then by the English, to withdraw from the United States and become the great Western republic-the Spanish forts to be captured, and the navigation of the Mississippi to be made free; removed so far from the seats of government of Virginia and the United States, that speedy communication and relief in times of exigency and distress was a physical impossibility-separation from the east, and alliance with the west, seemed to be the dictate of necessity as well as of policy. The free navigation of the Mississippi, and the head of a great republic destined to overshadow the United States, were offers to the ambition of a state, which few people could resist; but whilst the French and English as rivals, were proposing to conquer the free navigation of the Mississippi, on condition of Kentucky's separation from the United States, Spain, with great address and complete foil to her rivals, not only offered the free navigation of the Mississippi, but a territory of matchless fertility, exhaustless mineral wealth, and sea and rivers for the richest commerce of the new great republic. This offer of Spain was peculiarly dangerous from its character. It proposed quietly and peaceably te settle this fine country by the agency of mammoth land companies covering the country at once with an expanse of population, which in the ordinary settlement of new countries required years to effect; led by men selected for their intelligence and energy, from the different states of the Union; sustained as a financial scheme by capitalists and speculators, and as a political scheme by the ambitious and adventurous. With such advantages, if Kentucky had separated from the United States, and the Indiana company had established its title to the north west territory, (claimed by Virginia by charter and conquest), the new Madrid company might have bridged the Mississippi, and the western republic have become something more than a myth. But Kentucky did not separate from the United States, although so strongly tempted, and the mammoth Indiana com- pany did not succeed in establishing its claim to the northwest territory; and what- ever might have been the result of the secession of Kentucky or the success of the Indiana company, the danger of disruption was imminent; indeed, so imminent, that Mr. Dawson, a distinguished statesman, in view of the Morgan land company, writes to Gov. Beverly Randolph of Virginia, as follows: "this transaction I consider of the most interesting nature, and one which will probably produce a remarkable era in the Ameri- can history, as a door will be opened through which the United States will lose many thousands of her best citizens." This letter of Mr. Dawson was written imme- diately after the reception of one on the same subject from Washington, and no vi PREFACE. doubt reflects the sentiments and apprehensions of Washington, as well as his own— a strong belief that this Spanish land company would be the means of transferring thousands of the best citizens of the United States to the west side of the Missis- sippi, and the formation of a western republic. That Washington entertained similar apprehensions from the same cause, is evident from his appeal to Jefferson for his reconciliation with Hamilton, and would be much more apparent if Wash- ington's private correspondence in full, on the dangers of the Union could be seen. There is reason to believe that the most of these letters were destroyed. It is plain that if the Indiana company had not been defeated by Virginia in their claim to the northwest territory that favored and splendid region would have been settled early during the foreign intrigues to disrupt the Union, and a reservoir of supply would have been furnished to the western immigration beyond the Mississippi at the expense of Virginia and all the eastern states. We are informed that the most valuable men of all classes in the states were engaged to sustain this enter- prise, and only waited for the signal to advance. Not only the numerous letters of Morgan, Henderson, and others connected with these land companies are inaccessible, but the letters of Washington to Dawson, and Dawson to Washington on Spanish intrigues and western relations, which no doubt could reveal so much, are not only unpublished, but we have reason to fear have been lost or destroyed. Dawson's letter to Governor Randolph of Virginia, printed in the 4th volume of the Calendar of the Virginia State Papers, describing the New Madrid company, and depicting the consequences which would result from its success, gives probably the best information of the collossal power of these com- panies for mischief, extant, except the deposition of Mr. Henry given in the Hen- derson case at Williamsburg, June 4th, 1777, and printed in the first volume of the Virginia Calendar. Now these are Virginia papers, but necessary to fill a void which exists in the history of the United States, and which probably cannot be filled with- out their aid. These companies had an intimate connection with the destiny of the United States. The name of Patrick Henry is now one of the most famous in the world's vocabulary of names. His eloquence, wisdom and patriotism are proverbial, but probably there is no service which he performed for his state or country more use- ful or honorable than his resistance of the claims of these land companies. Mr. Henry informs us that being a member of the first Virginia convention and also of the first Continental Congress, that on reaching Congress he was informed of many purchases of Indian lands, shares in all of which were offered him, but which he declined for reasons stated in his deposition. The acceptance of these shares would. have conferred immense wealth on Mr. Henry, probably many millions of dollars, but would have committed him to the support of the Henderson and Indiana claims, and yet more to the magnificent scheme of the Madrid company, with its power of expansion over the richest portion of North America. The public virtue which George Mason saw in his first conversation with Mr. Henry was Virginia's shield. The name of Henry was a tower of strength to any cause which he espoused; withholding it was the death knell to Indian titles, sustained as the refusal was by reasons the most cogent and a patriotism which covered him with a mantle of honor. His course was decisively influential on the leading men of the two conventions. With PREFACE. vii the Indiana company this grand scheme of General Morgan and Gorduquoi toppled to the ground, and the government of the United States was rescued from the most im- minent danger which has beset it since its organization. This sentiment may seem strange to many, yet the writer believes that the government of the United States is stronger to-day than it has ever been since its formation, and that it has now a power of self protection equal to any future emergency. But in 1789, the case was widely different. The most perfect constitution which statesmanship, philosophy, and human wisdom (under the circumstances), could devise, had been adopted, but the sectional differences between the states were greater then than now, and the · cohesive power of the constitution weaker then than now; indeed this cohesive power was so weak at the time of the adoption of the constitution, that it was regarded as unsafe even to relax its bands for the insertion of necessary amendments, for fear they could not be tightened again. The amendments therefore were added to the constitution, instead of being incorporated, thus impairing the symmetry of this incomparable work. The same causes which made it difficult to unite the states in such a constitution as the present, made it easy to disunite them. The general sen- timent of the northern states, as indicated in a resolution of the first Continental Congress, was adverse to Virginia's claim to the northwest territory, and thus the effort of the Indiana or Vandalia company to subject Virginia's boundary to limita- tion and prescription by Congress, would not only, if successful, have confirmed that company's title, but prevented Virginia's concurrence in the present constitu- tion of the United States. The paper which relates to the history of the suit in the supreme court of the United States by the Indiana company, against the State of Virginia, to compel the acknowledgment of that company's claim, will appear in the next or sixth volume of the Calendar, now in course of preparation. SHERWIN MCRAE. CALENDAR OF STATE PAPERS. 1789. Petition of Joseph Selden Represents that he stands indebted in the Solicitor's Office in the sum of thirty pounds or thereabouts, as security for Duties, and an execution has issued against his property, which from the great scarcity of money in the County of Elizabeth City, will not sell for one tenth its value; he therefore humbly begs a suspension of the Execution until October next, so as to enable him to dispose of so much of his property as will discharge the said Duties. Col. Wm. Henderson Encloses to the Governor his recommendation as Sheriff, by the Court of Campbell county, and requests that bis commission may be sent to him. Accompanying this communication is a protest from Charles Lynch & John Ward, and a note from Richard Stith on the subject of Col. Henderson's Commission. Nottoway County July Court, 1789.-Freeman Epes Gent, is recom- mended to his Excellency the Governor, as a proper person to execute the office of County Lieutenant. Peter Randolph, Colonel, Thomas Jones, Lieut. Colo., Edmund Wills, Major, Moses Craddock, Capt., Abra- ham Hatchett, Lieut., Henry Fowlks, Ensign, Samuel Watkins, Capt., George Green, Lieut., John Wm. Connally, Ensign, Thomas Epes, Capt., Wm. Sidner, Lieut., William Gunn, Ensign, Wm. Jennings, Capt., James Dupey Jr., Lieut., James Cooke, Ensign, Warning Peter Robert- son, Capt., Alexander Erskine, Lieut., Murdoch Coper, Ensign, Daniel Verser, Capt., Wm. Jones, Lieut., Robert Winfrey, Ensign, Sharp Lam- kin, Capt., John Evans, Lieut., Thomas Ellis, Ensign, Nathan Fletcher, Capt., Wm. Cabiness, Lieut., Daniel Parham, Ensign, Samuel Morgan, Capt., Charles Willson, Lieut., John Tucker, Ensign, Samuel Pincham, Capt. of Light Horse, Philip W .Greenhill, Lieut., Ubrick Mark, Cornet. 1789. July 2d Elizabeth City County July 2d July 3d 1 2 CALENDAR OF STATE PAPERS. · 1789. July 6th July 6th July 6th July 10th . Sam. Coleman, A. C. C., States that by the pay rolls of Major Lanham for the Superintendant & Artificers, and for the Guard at the Point of Fork for the last quarter ending the 30th of June, 1789, it appears that there is due to the former, One hundred and twenty-two pounds, nine shillings and three pence, and to the latter, Seventy-two pounds, twelve shillings. And by a "Statement of Receipts and Disbursements it appears that there is in the hands of the Superintendant, the sum of Ninety-four pounds, nineteen shillings, said by him to be intended for the purpose of providing clothing for the present year. "1 At a Court held for Ohio County on Monday the 6th day of July, 1789. Present-Zachriah Sprigg, Isaac Meek, Benjamin Biggs and John Henderson Gentlemen, Ordered that Stephen John Francis be recom- mended to his Excellency Beverly Randolph, Esq., Governor of Virginia, as Ensign of the Militia in Ohio County. A Copy-Teste. MOSES CHAPLINE, Clk. FRANCIS YOUNG TO GOVERNOR BEVERLEY RANDOLPH. "Sir, I send you herein enclosed the Sheriff's Commission for Mr. John Goodrich, with a certificate of the proceedings had thereupon, & also a certificate of Mr. Sampson Willson's resignation as a justice of the peace. I have conversed with all the Gent in the commission of the peace in this county as well as with others, & I am convinced that no one will accept the office of Sheriff to be made liable to the collection of the Tax for 1788. Indeed I am well convinced that were any of them so inclined, it would be out of their power to find security, that is from the appearance of things at present. Mr. James Wills qualified as She'ff in the month of May last, who then declared that it was not in [his] power to find security for the collection of the said Tax. He still fills & occu- pys that Office, but does not presume to meddle with the 88 Tax. I am, &c. Peter F. Archer Commissioned as Cornet on the 8th day of May, 1789. in the "Militia Cavalry of the County of Powhatan," who refused to act, and "Wm. Bentley, recommended in the room of Peter fd. Archer." CALENDAR OF STATE PAPERS. 3 L. WOOD, PUBLIC SOLICITOR, TO THE EXECUTIVE. Reporting on Banks & Co.'s claim, and is in the following words: "Pursuant to an Order of Council, dated 4' Ultimo, directing me to examine any further proof Mr. Banks might produce in support of Messrs. Hunter, Banks & Co.'s account against the Commonwealth, I find he has procured a Certificate, herewith inclosed, from Mr. Armistead, which admits the receipt of the two articles of Sugar & the expence of reprizing Tobacco amounting in the whole to £686, 14s. Mr. Armistead seems also willing to admit the Return of eight Hogsheads of Tobacco paid on Account. Mr. Crothers on similar principles that have ever guided on such occasions, to wit: where it did not appear that the loss was occasioned by the delay or inattention of the party-in this case, neither the time of paying the Tobacco to Messrs. Hunter, Banks & Co., or the time of the notes being tendered in return, appearing, the Cer- tificate seems useless, but from another Certificate it appears that the Notes for 7013 lb Tobacco were paid Messrs. Hunter, Banks & Co. the 5th February, 1782, which being at a period since the devastation of the Enemy, & the Tobacco being then of old standing, seems the most favourable circumstance, therefore it is submitted to the Governor & Council's consideration, which, should they be pleased to allow the notes. remaining, amount to 3884, & a supposed note for 774, all which gives rise to the following account: Sugar delivered Col. Morgan, Sugar, 25 lb. Expence reprizing Tobacco, £686 14s turned into Tobacco at £50 per Cwt., is, Tobacco Notes presented-Return in part of 7,013lb. 1 for 1 1 1 1 111 11 [J | 1 } I A supposed note, Interest on 1,373b Tobacco from Augt. 1781 till paid, Do r CL 4,662 Feb'y 1782, │ 844 850 868 492 834 - £250 00 - 262 10 166 4 686 14 - 3.888 774 1,373 6,035 I have omitted the calculation of Interest untill the Executive will be pleased to direct the extention, saying it will be allowed, 1789. July 10th Richmond เ 4 CALENDAR OF STATE PAPERS. 1789. July 16th July 20th July 20th Washington County JOHN HARVIE TO GOVERNOR RANDOLPH. Sir, When the Directors of the James River Company made their de- mand for the publick Shares upon the Requisition of the 20th of May last, they made a Mistake in the amount of £25, this has since been corrected by the auditor, & a warrant granted to Mr. Buchanan. You will be pleased to grant an order on the Treasurer for payment. I am Sir, &c. Lankston Ford of Hanover County petitions the Governor and Coun- cil for the remission of a fine of ten shillings imposed on him by a Court Martial, for the reason "that he was in a bad state of health, and unable to attend muster at the time he was so fined." COL: ARTHUR CAMPBELL TO Governor BEVERLEY RANDOLPH. Sir, Sometime ago I received the enclosed, which I did not, nor could not comply with, for reasons obvious from Mr. Barnett's own Statement. Harvest being now over, and a plentiful crop of grain secured, it will remain with the Executive, what orders they are pleased to give on the subject. However, on attending to the idea of the President of the United States, and the advice of Council of 30th of May last, we can- not help concluding that a Ranging Company stationed on Clinch, will ill answer the purpose of defence-To repress the spirit of Enterprise. in the hostile partys of the savage Tribes that annoy us, the surest way is to make them feel the same inconvenienceys, in their own settlements, as they unprovoked inflict on us. But this may take time, and no small expense. Another mode of defence would be, to have companys of Reg- ular Troops, so stationed, as to intercept the enemy coming in, or going out, or at least retake their booty, which is always the principal incent- ive to hostility of the disorderly parts of the Tribes. Take away tho motive, and inaction on their part will ensue. On this plan 60 men well officered, might suffice to defend that part of the frontier from the Kana- wha to the N. Carolina line. These Troops next year could be removed for more distant service if our transactions with the Indians will make it necessary, and the advanced Settlers' may supply their place. On the proposed plan also, an auxiliary means of defence would be the integ- rity and activity of the Superintendant of Indian affairs and their Deputys-For if they should be concerned either directly or indirectly in trade, the profits on the plunder purchased from the Indians are so great, that we might expect not only their conniving at predatory excursions, but openly countenancing them, Not a few complaints of CALENDAR OF STATE PAPERS. Cr this kind have already arisen againt Traders in S. Carolina, who have been known to purchase the Horses taken on the Kentucky path, and from the back Settlers M. Gillivray with an host of assistants, have been for years at it, to the ruin of many. The booty carried off by the Shawanse and the Renigadoes that takes an asylum with them, are generally disposed of at Detroit-To intercept that, one half of the proposed number might be stationed on Sandy River near the Fork or where the Greenbriar road to Kentucky crosses that river. To guard against the Cherokee and Creek parties, the properest place for a Fort seems to be near Cumberland Gap, on the Kentucky side of the Moun- tain, As of late it is known the Southern Indians, in order to advance on us more privately, come up the West side of Cumberland Mountain to near the head of Kentucky river, from thence pass over on our settle- ments, and return nearly the same way. When N. Carolina is admitted into the union, the plan of defence may be varied to advantage. I am Sir, Your most obedient servant. The following is the enclosed letter to which Col. Campbell refers: "RUSSELL, MAY 20th day, 1789. Sir, On friday last, the indians fell on the family of Joseph Johnson in the rye cove settlement, it being twelve in number, of which but three in number himself and two sons Escaped. His wife and child was found about one quarter of a mile of the house, kill'd & scalped, the bones of one child found burnd in the house, the others I have not been informed whether kill'd or taken. Attempts have been made by voluntary enlist- ment to raise the number of fifty men in our County, but to no purpose, it apears they cannot be got. I request you in behalf of our County, to furnish with the number of Fifty men & their proper proportion of Officers to be continued on duty untill the first of Sep'r, or longer, if needful, And provitions to supply untill that time. The scercity of Graine in our County and other provitions apearingly it will be impossible I think, to purchase them on good terms on public credit. William Hun- ton on Mockison have some corn for sale. He inform'd me yesterday he wou'd take half a crown p'r Bushal, Cash, paid in hand for twenty- five Bushals, And if any more to spare he wou'd let it on public Credit. If you sir, Can Comply with the above Requisition, order that the men be under the direction of the field officers of Russell County while on Duty. Present necessity require part for the rye Cove, & the remainder in Powals Valley. Please Write to me by the first opertunity, when the men will come and their place of rendezvous, what can be done 1789. July 20th 6 CALENDAR OF STATE PAPERS. CO 1789. about getting provitions in your County. And the name of the Cap- July 20th tain that is to have the Command of s'd Company. Please let it be done with the most immediate dispach. I am sir, your obedient and very Humble Servant." To the County Lieutenant of Washington County. July 21st Richmond Sir, COL. WM. DAVIES TO GOVERNOR RANDOLPH. None of the Gentlemen who acted under Major Claiborne have as yet rendered a statement of the credits to which the State is entitled with them. Stephen Southall is the only one who appears to have attended to the business at all, and as several of them can authenticate charges against the United States to a very considerable amount, I sub- mit to your Excellency whether it would not be proper to renew your application to them on this head. How far an assurance of compensa- tion for their trouble may operate, I cannot say, but I think Captain Russell, & perhaps others are tardy for want of some such stimulus, or possibly have it in view by withholding information to induce the State to use its influence to procure the establishment of such arrangements by Congress as will enable them to accomplish the settlement of their accounts, without the necessity of an expensive attendance at New York, or the prospect of receiving final settlements only in discharge of the balancies claimed to be due them. Should it be thought proper to hold out an expectation of any agency of the State with respect to their situation, it might probably prove an excitement with those Gentlemen to recommend themselves in return to the favor of the State, by fur- nishing properly authenticated the desired information. I have the honor to be Your Excellency's Obedt. Servt. PROCLAMATION OF GOVERNOR RANDOLPH. Virginia, to-wit-By his Excellency, Beverley Randolph, Esquire, Gov- ernor of the Commonwealth: * A PROCLAMATION. Whereas, it has been notified to me, that the Senate and House of Representatives of the United States in Congress assembled, have taken measures concerning duties and Imposts, I have, therefore, thought fit, *Bears impression of the seal of the State. CALENDAR OF STATE PAPERS. 7 in obedience to the act of the General Assembly, entitled "An Act con- 'cerning certain public Establishments," and by and with the advice and consent of the Council of State, to issue this, my proclamation, hereby requiring all Naval Officers, Collectors of duties, and Searchers, to cease the exercise of the power vested in them by virtue of their respective Offices, from and after the 1st day of August next, except so far as relates to the collection of a duty of Six Shillings per Hogshead on Tobacco exported. Given under my hand and the seal of the Commonwealth, at Richmond, this Twenty-first day of July, in the year One thousand seven hun- dred and eighty-nine. Teste. At a court held for Augusta County July 21st, 1789, The Court doth July 21st recommend James Steele, Joseph Bell, and John Wilson, Gent., to his Augusta Co. Excellency the Governor as fit persons to execute the office of sheriff for this county. A. MCCLENACHAN, Clk. SAM'L MCDOWELL TO THE Governor of VIRGINIA. Sir, A Letter from the County Lieutenant of Mercer to the President of Convention, inclosing the copy of a Letter from the President of the United States to your Excellency, and your Circular orders to him, on receiving that letter was laid before the Convention. The members of convention were of opinion that, as a convention, they could not take up the consideration of these papers, but that as Citizens of Virginia, and inhabitants of Kentucky, possessed of the confidence of their brethren, inhabitants of the District, and suffering with them, it was their duty as an assembly of individuals, to take them under consideration. 1789. July 21st A committee of the Convention reported the following remonstrance: To his Excellency the Governor, and the Honorable the Council of Virginia-The Remonstrance of sundry Inhabitants of the District of Kentucky, who are also members of the Convention for the District, Showeth, that the discharging the Militia of the District from any fur- ther service, on account of the State, before measures can be taken by the Federal Government for the protection and security of the Inhabi- tants of the District, from the depradations of the Indians, will probably be attended with injury to all, and deplorable consequences to some of the good people of the District, Because from the discharging the scouts no notice of the approach of the Indians, can possibly be given to the People to enable them to secure their property from their depradations, July 26th Danville 8 CALENDAR OF STATE PAPERS. 1789. July 26th and their Lives from their Cruelty; nor to assemble always in proper time to intercept them in their retreat, by which they might have a chance of recovering part of the property taken by the Indians, and chastising them for their cruelties. In consequence of which, many of the poor Inhabitants on the frontiers will probably be obliged to leave their Habitations and remove to the more secure parts of the country, to their great loss, if not utter ruin. That the strength and stations of the Federal Troops at present, are such that it is impossible for them to afford the smallest security to the People of Kentucky; a striking proof of which is that they afford no security whatever to the people of Jefferson, who are the nearest to the Troops stationed at the falls, as will appear from the many depradations committed by the Indians in that County, but more particularly from their attack on the seventeenth day of this month on Mr. Chinowith's Family. Your Remonstrants consider your Honorable Body as on your own motion, withdrawing from us our only defence and depriving us of that security for our Lives and our Property, which has hitherto been granted us by Government. As his Excellency the President's Letter did not require the immediate discharge of the Militia and discontinuance of the Scouts, which has hitherto been employed for the Security and defence of this district, Your Remonstrants must be of Opinion that the expenses incurred in defence of the District of Kentucky would not. be at the sole charge of Virginia, but would be a Federal charge. Signed by Order of the Committee. Danville, July 26th, 1789. The following paper accompanied the above protest: An account of the depredations committed in the District of Kentucky by the Indians since the first day of May, 1789: In Jefferson County— On Floyd's fork, two men were killed; Near the same time, and on the same River, two persons were Killed, and three taken Prisoners; On Brashear's Creek, two were killed and two taken prisoners; On the 17th of July, Chinowith's Station was attacked by a number of Indians, who entered Chinowith's House while the family were at Supper. Three of Chinowith's family were killed and seven wounded. Three of the wounded are since dead and several others yet dangerous. The Indians plundered the House of everything they could carry away. There was at the same station before this date, One man killed and one wounded. The number of Horses Stolen from this County exceed twenty. Nelson-Two men killed and two wounded, and a number of Horses Stolen to the amount of about twenty. Lincoln-One man & one child killed and two women wounded and about twenty-five Horses Stolen. CALENDAR OF STATE PAPERS. 9 Madison On the first day of June the Indians broke into the House of Edmund Stephenson and wounded one person. They have stolen a number of Horses from this County. Bourbon-Two men have been badly wounded & about fifteen Horses Stolen. Mason-Two men Killed & Forty-one Horses Stolen. Woodford-One Boy Killed and several Horses stolen. A List of sundry Indian Tribes not included in the late Treaty: To the northwest of Kentucky are the Shawanees, Twichtwees or Picts, Piankeshaws, Kickapoos, Kaskaskies, Wiogtenons, Waweogtenous, Motuckons, Masquaques, & a Banditti from several Nations now living on the Heads of Sandusky, Sciotho, & the Miamies of Lake Erie & Ohio. To the Southward of Kentucky, The Creeks, Chickamagas, & all the other tribes of the Cherokees, Choctaws & Chickasaws. Dabney Minors account against the Commonwealth for the erection July 28th of a Necessary in the Capitol yard and furnishing materials for same, £43, 128, 1d. Sir, 1789. July 26th Certificate of John Campbell, Keeper of the Dumfries District Jail, July 30th that he had received into his custody a certain George Quick, who was convicted of Horse Stealing and who had escaped from Jail in company with a certain Jett Roach, who was also convicted of horse stealing at the same time. Garrett Minor, COUNTY LIEU'T OF LOUISA TO GOVERNOR BEVERLEY July 30th RANDOLPH. : John Poindexter who was appointed to the command of a company of Light Infantry to be raised for Louisa, having Resigned, Give me leave to recommend in his stead, George Michie, as Capt., James Poin- dexter, Lieut., & Chapman White, as Ensign. I am, &c. Louisa 1 JUDGE WM. FLEMING TO GOVERNOR BEVERLEY Randolph. July 31st This will be handed you by Mr. Bennet Ballew, who is on his way to Summerville New York in company with two Chiefs of the Cherokee nation of In- 2 10 CALENDAR OF STATE PAPERS. 1789. July 31st dians, & deputed by them to lay their grievances before the president of the United States and the Congress, and to make proposals for a per- manent & perpetual peace & union, with full power to act in their behalf & stead. I have been many years acquainted with Mr. Ballew, and think him an honest, upright, intelligent man, tho' he sensibly feels the want of a liberal education, but from his long residence among the different nations of Southwestern Indians, he is well acquainted with their manners, politicks & connexions. The Cherokees rely much on the friendly Offices of Virginia to forward their views & obtain their wishes. Mr. Ballew therefore desires to communicate to you in detail, the different objects of his mission, and hopes that you will with the advice of your council, give him such an introduction to the president as may best tend to pro- mote the reciprocal interests of the United States, and of the nation he has the honor to serve. Permit me to add sir, that my humanity feels itself deeply interested in the success of those unfortunate people, who I believe have been much injured & distressed by some who call them- selves our fellow-citizens. August 1st Washington Sir, I have the honor to be sir, Your most obed't servant. July Affidavit of Richard Chapman "that indisposition rendered him Hanover incapable of attending as one of the Grand Jury at the time he was fined," &c. COL. ARTHUR CAMPBELL TO GOVERNOR BEVERLEY RANDOLPH. Since my last of the 20th July, I have received information from the Indian Country that a difference happened between the Creek In- dians and the Spaniards. In the attack some lives was lost on both sides. That in consequence thereof the port of St. Marks have since been shut and no intercourse can now take place with the Bahama McGilvery Islands. That McGillivery alarmed at his situation, seemed anxious to put a stop to hostilities with the American States and entered into a Treaty, and that he had proposed a meeting in September next. This unexpected turn of affairs offers to the general government a favourable opportunity to chastise our late invaders, or to bring about such terins of accommodation as may, ensure a lasting tranquility. If a Treaty is preferred, which from the State of our finances it is most probable will be the case, Virginia ought to have a commissioner at it as well as the three more Southern States, and from the importance of the negociation CALENDAR OF STATE PAPERS. 11 1789. it is much to be wished that one of the Executive could attend. The Cherokee Indians greatly depressed by their calamities last year, deny August 1st their being concerned in any of the late murders except a few of the Chickamogga Party, who had mixt themselves with the hostile detach- ment of the Creeks sent out by McGillivray to Kentucky and the set- tlements on Clinch. About two weeks ago a skirmish happened in Powell's Valley with a small party of Indians that were stealing Horses, in which we had one man badly wounded. I have the honor to be with great Respect Sir, Your most Obedient Servant. MAYO CARRINgton to Governor BeverLY RANDOLPH. · August 1st Sir, . longing to Buchanan Furnace Negroes In consequence of your last letter to me respecting the property belonging to the Buchanan Furnace, I called on John Fearn of that County, who was a purchaser of one of the negroes. He did not hesitate Property be- to deliver him on demand. He is a fellow of small value, and appeared to be desirous of remaining there. I consented that he might continue with Mr. Fearn until I received instructions from the Executive as to the further disposal of him & remains there still.. Mr. Ross was the pur- chaser of the other three; on application to him, he informed me that one only of three were in his possession, the other two have absconded immediately after he purchased them, & readily agreed to deliver the one to my order. The public business I am now engaged in called me from home about the latter end of June, since which I have not been in Cumberland. I authorized Mr. Codrington Carrington to apply to Mr. Ross for them. I, a few days past, rec'd a letter from him informing me that he applyed to his agent at the Point of fork, who refused to deliver the slave in his possession, as he had not received instructions for Mr. Ross to do so, & that the two that were absconded had come to my house, and still remain there. Any instructions from the Executive as Instructions to the future disposal of those, as well as the one in possession of Mr. as to their disposal will Fearn, I shall be glad to receive at the next Cumberland Court, as reach him at that is the only time I shall be at home between this and the latter end Cumberland of October. As I shall during that time engaged in the business before mentioned, a letter lodged with Mr. James Dean in Richmond will come to hand at Cumberland Court. Theoderick Scruggs who leased Lease of Fur- the furnace lands of Mr. Rively has lately offered to deliver the posses- sion of the land to me. The offer I did not think myself authorised to receive; at his request I promised to inform the Executive of his propo- sition; he wishes not to be involved in a suit on that account, which is the reason he offers for wishing to give up the lease; if the Executive C. H. nace land Prince Edward 12 CALENDAR OF STATE PAPERS. 1789. August 1st Instructed by the Board to sell the negroes New York think it advisable to accept of his proposition, their instructions on that head shall be my guide. August 1st The Governor laid before the Board a Letter from Mr. Mayo Carring- Major Car- ton, informing him that he had, agreeable to the former Instructions of rington's let the Executive, taken into his possession several negroes the property of ter the public heretofore employed at the Buchanan Furnace. Whereon it is advised that Mr. Carrington be desired after giving sufficient notice, to offer them for sale at Cumberland Court House, on six months credit for specie, taking Bond with sufficient security for the amount of the Purchase money. August 4th August 4th Go. WASHINGTON, PRESIDENT OF THE UNITED STATES, TO GOVERNOR BEVERLEY RANDOLPH. Sir, With respect &c., Yr. Mo. Ob. Serv. Sir, Agreeably to the Resolution of Congress of the 5th of June, I do myself the honor to enclose to your Excellency an act to regulate the Collection of the Duties imposed by Law on the Tonnage of Ships or Vessels, and on Goods, Wares and Merchandizes imported into the United States. His Excellency BEVERLEY RAndolph. I have the Honor to be With due consideration, Your Excellencys most Obedient & most Humble Servt. COL. WM. DAVIES TO THE GOVERNOR. Captain Denham, who has been engaged in the business of his appointment, has applied for £7 more. The bearer, Col. Lee, can informi you what he has done, that if your Excelleney thinks proper, a warrant may be given to him. I am your Obed. Servt. CALENDAR OF STATE PAPERS. 13 { 1789. Two Petitions to the Governor, numerously signed by Citizens of Loudoun County, and others praying the pardon of George Quick, late August 4th of the County of Loudoun, who was condemned for horse stealing, at the District Court held at Dumfries. David Sheppard, County Lieut. of Ohio, to Mr. Archibald Wood Esq., August 5th Transmits a full list of the Number of Militia in the County of Ohio- Effective Men, 545-Non effective mon, 72-Cavalry, 18-Total 635. Sales at Auction of the State Boats Liberty & Patriot, Whale boat, August 6th Searcher's boat, &c., pr. Order of Capt. Richard Taylor: Norfolk Boat Patriot, James Young purchaser, £431, Loan office or Soldier's Certificate. Sale of the boats Patriot Moses Myers, Purchaser of Boat Liberty, at £501, Loan office or and Liberty Soldier's Certificate. Thomas Allen, purchaser of the Whale Boat, for £325, Loan Office or Soldier's Certificate. William A. Bailey, Purchaser of the Searcher's Boat, £36, Loan Office or Soldier's Certificate. James Caton, 1 Lott Bomshells & Pigg Iron, £81, Loan Office or Sol- dier's Certificate, &c., &c; 1 "Lott Bomshells & Pigg Iron; 1 Sein, about 35 Fathom; 1 old Foresail & Some blocks; 1 Arm chest, Contain'g Musketts, Pistols, &c.; 1 Arm chest Contain'g Musketts, Pistols, &c.; 1 old stove, oyl Juggs, &c.; 2 Two pound Cannon Gunns, & 16 Swivells. Nett proceeds of the above sundries being £28, in specie; Nett pro- ceeds of sale of boats, £270, 6s, 3d, in specie, making a total of £298, 68, 3d. Deduct Commissions for Advertising, Crying sale, Collecting, taking bonds, &c., a 5 p'r cent., making £14, 18s, 3d, leaving a nett balance of £283, 7s, 114d. Above sale was made and Account sales signed by George Kelly, N. M. Account current of Capt. Richard Taylor with George Kelly, giving August 8th the nett proceeds in specie of the sales of the State boats Liberty & Norfolk Patriot, and Materials as pr. Sales, amounting to £283, 7s, 114d. Pay Roll of Company of Rangers stationed on the Great Kanawha, August 8th Wm. Clendinen, Capt.: The names of said Company being Wm. Clendinen, Greenbrier 14 CALENDAR OF STATE PAPERS. ? 1789. Capt.; Geo. Shaw, Lieut.; Francis Watkins, Ensign.; Shoderick Harmon, August 8th Sgt.; Ruben Slauter, Sgt.; and 26 privates, viz: John Tollyprurt; Wm. Rangers Carroll; Wm. Turrell; Saml. Dunbar; Thos. Shirkey; Wm. Hyllard; John Burns; Nicholas Null; John Cavinder; Isaac Snedicor; Archer Price; Henry Morris; Wm. Miller; Benjn. Morris; Chas. Young; John Buckle; Levy Morris; Wm. George; James Edger; Joseph Burwell; Alex. Clendinen; Michl. Newhouse; Wm. Boggs; John Moore; Robert Aron; Wm. Morris. August 10th Certificate of rations furnished Rangers by Geo. Clendinen for 26 pri- Rations for vates, 2 Sergts., one Ensign, one Lieut., and one Capt., from first of March Rangers till first of July, amounting to Three thousand seven hundred & eighty- two rations at seven pence half penny per Ration & purchased of Wm. Morris, Leonard Morris & others, being a ration per day for above num- ber of men, & amounting to £118, 3s, 9d. August 10th GEO. CLENDINEN TO GOVERNOR RANDOLPH. Greenbrier Inclosed I have sent your Excellency a letter respecting the Situation Affairs on of Affairs on the Kanawha. The Recommendation for Magistrates in Kanawha the new County; The Pay Roll of Wm. Clendinen, Capt. of the Rangers, the together with the amount of Rations actually furnish'd. August 10th LETTER FROM GEO. CLENDINEN AND ANDREW DONNALLY TO GOVERNOR RANDOLPH. Sir, New county of Kanawha I am your Excellences obt. Servt. Your Excellency and the Hon'ble Board by Recurring to the Law forming a new county out of the Counties of Greenbrier and Mont- gomery, will find that it is to be a separate and distinct one, called and known by the name of Kanawha, from and after the first day of October next, and whereas, we have patronised The formation of said County, and with the people of this County it is Expected that we will do every Recommen- thing in our power for the promotion of the new one; and whereas, no Magistrates person or persons, as we have understood, have yet proceeded to Recom- dation for mend the Magistrates for said new County, We therefore take the liberty to Recommend to your consideration, The following Gentlemen to-wit: Thomas Lewis, Robert Clendinen, Francis Watkins, Charles McClung, CADENDAR OF STATE PAPERS. 15 1789. Benjamin Strother, Wm. Clendinen, David Robinson, Geo. Alderson, Leonard Morris, & James Vanbebber, Gentlemen as fit persons to fill August 10th the office of the peace in said new County, and as in all probability, no opportunity will again serve for their Commissions to come to Hand Before the s'd County takes place. We hope if the Executive should approve of the afores'd Gentlemen, their Commissions will be forwarded by the bearer Mr. Reuben Slaughter. We are Intirely unacquainted with the mode pursued in those cases and therefore must Beg your Excellencies pardon, and Hon'ble Board, if we have assumed a part which we ought not. We have the Hon'r to be with great Respect & Esteem, Your Excellencies Ob't Serv'ts. N. B. His Excellency & the Hon'ble Council will, I trust, pardon the appearance of my name to the recommendation of two men so near to me as Brothers, & be assured that my Indelicacy in that Respect has proceeded from no other motive other than a conciousness of their merit, which I flatter myself, their public and private characters will manifest through life. I am with true Respect, Your Excellencies ob't serv't. T SH LETTER FROM GEO. CLENDINEN, C. L. G. C., TO GOVERNOR Randolph, IN August 10th REGARD TO AFFAIRS IN KANAWHA. Sir, Rangers I Receiv'd your Excellencees favor of the 23rd of May last, by the Greenbrier Hand of young Mr. Renick, wherein I found I was directed to inform the Executive of the number of Scouts and Rangers I had Imployed Number of for the defence of the Inhabitants of Kanawha, and also to discharge Scouts & any number that exceeded a sergt. and twelve men. The number of Rangers I had ordered on duty, I should have specifically mentioned, but consider'd it unnecessary as I could order out but one half, unless I had previously Consulted the Executive; and as to such part of my orders as Respected the discharge of the Rangers, I should have most pointedly obeyed, had not the Indians previous to the time of my Receiving the Executive's orders and after I had wrote to the Executive, killed and taken ten persons on the settlement of Clintch, (and neer to the settlements of Kanawha,) and likewise, other sign of different Indians discovered in divers place on that quarter. However, imme- diately on the Receipt of your orders, I wrote you by private convey- ance, (as you had Requested me to make use of such, as frequent as possible, and forbear to send by Express,) the danger that to me was apparent. The number of Scouts & Rangers, then Imploy'd for the Indians murdering the Inhabi- tants on Clintch Settlement 16 CALENDAR OF STATE PAPERS. 1789. defence of Kanawha, and then Immediately Repair'd myself to the August 10th Stations on the Kanawha and to the mouth thereof, at Point Pleasant. In order to find out as fully as possible the disposition of the Indians, as the Executive had Informed me they had no official Information thereof; And must beg leave to lay before your Excellency and the Honorable Board, that In my oppinion no other disposition prevails amongst them Towards our frontiers, other than that of Committing Every murder and Theft in their power, which is clearly Manifested as followeth: The first of last month they Barbarously murdered A man, murder near and wounded four others at the mouth of little Miami, killed a Capt. Hockhocken Indian and in King neer Hockhocken, and a very few days agoe killed a Mr. Davis In Kanawha Kanawha, Robbed four other men of their Horses in said County who neerly escap'd in the night with their lives, and since I left the Station at the mouth of Elk, there has been the sign of fifteen or sixteen dis- covered neer the late settlement Established at the mouth of Coal, twelve miles below Elk; which different Hostilities together with many others that are daily committing on our neighbouring counties, I doubt not will Justify my Conduct in Continuing the Rangers I ordered on Duty this Spring, Who's number, as I wrote you by my private Conveyance, Con- sisted of Twenty-five privates; But find since I Receiv'd the Captain's Mus- ter Roll, Consists of twenty-six privates, Captain, Lieut., Ensign, and two Sergts., which officers, to me, has ever appeared Indispensably necessary. If the Company is even not Compleate, there being no field officers or Captains neerer them than one Hundred miles, Consequently, If a Gen- eral Invasion was to take place, It would be an improper time to appoint those officers. Indeed, I believe If they could be procured at all, to serve In the moment of Invasion, they would scarcely answer a God pur- pose, being, perhaps, such as would be altogether Inexperienced in In- dian Affairs. And, However desirous the Executive may be to Husband the public money, I beg leave to Inform them that a less number than those now on duty will answer no Essential purpose, as the present number are oblidged to be disperced in sundry places to Guard the people in attending their crops, and cannot collect a sufficient number when mischief is done until the savages have an opportunity of Making their Escapes; thus the Good Design of Government is obstructed by an over Rigid Parsimony. Whereas, If the whoke company was on duty, a sufficient number Could be always kept together to give chase on a moments warning, as was the Case last year, while victory mark'd the steps of Every attempt was made to pursue those wanton destroyers of Mankind. Yet, notwithstanding the very great necessity I see of augmenting the number of Rangers, My power is so Definite that unless I have the Approbation of your Hon'ble Board, no other consideration than the County being Generally Invaded would licence or Justify an augmentation by me. I have herewith Inclosed the Pay Roll for the present year, up till CALENDAR OF STATE PAPERS. 17 1789. the first of July, and also the amount of Rations That have been actually furnished, which Rations were as difficult to purchase as well as convey August 10th to the Kanawha, as they were last year occasioned by the Tardy pay- ments of those lately furnished, and the Extreame Bad appearance of crops in our quarter, from an Excessive Drooth that has prevailed all over our back Counties. The Executive will therefore be pleas'd to fix the price per Ration knowing how it was settled for last year. I have the Honor to be with great Respect and Esteem, Your Excellencies ob't & very H'ble Servt. P. S. On receiving no answer to the last letter I wrote by private conveyance, and not knowing How I should conduct myself, I have been compelled to send these By Express, and trust I shall be fully Instructed How I shall proceed the Ballance of the year, or such part thereof as danger may be apprehended in from the savages. The num- ber of Scouts that have been Imploy'd this year are four; To-wit: Leonard Cooper, Charles McClung, Charles Asbury, & John Young, certificates of the time of their service is herewith Inclos'd, which accounts as well as those for Rations, and Rangers' services, I trust your Excellency will direct to be Audited, and pay'd if possible. This Express will, I hope be paid, as it is with great difficulty That I have procured his service. Sir, JOHN KEARNES TO GOVR. BEVERLY RANDOLPH. August 10th Some days ago, I committed to Jail, six pirates for the cruel and Portsmouth inhuman murder of a Captain Lapelle, master of the Brigantine Aurora, sailing under the French flag, and a subject of his most Christian Majesty. He was bound from Port au Prince to Cyann in South America. Ten days after he left that place, three of the crew rebelled and threw him and the cook overboard. They then took command of the vessel, stood for the Continent, and made the E. shore of our State; upon the appearance of it, they sunk the Vessel, took to the Boats, and came on shore; from thence proceded to this place, reporting as they came along, that their vessel foundered at sea. Now, sir, will you be so obliging as to inform me if there is any law of our State to condemn those wicked wretches for this barbarous murder committed on the high seas? It is doubted here, and some say they must be sent to France. Pray be so obliging as to favour me with your thoughts respecting them, and directions how to conduct myself, as the committing magistrate. I am with every sentiment of respectful attachment, Your Excellency's Most obedient servant. French Pirates } 3 18 CALENDAR OF STATE PAPERS. 1789. N. B. The French Consul has this moment left me. He wishes to get August 10th the criminals to send them on board the fleet at York Town. I beg you to be so good as to give men your orders by return of Post in this busi- ness. Alexandria Your most obedient humble servant. August 10th CHARLES LEE TO GOVR. BEVERLY RANDOLPH, IN REFERENCE TO HIS PROCLAMATION RESPECTING THE CESSATION OF DUTIES. C Sir, Last month I received your letter accompanied with your proclama- tion respecting the cessation of duties, and I have accordingly conducted myself. Herewith are the returns from the naval office of Alexandria for the last quarter, viz: from the 20th April to 20th July, and from 20th July to 1st August; also the returns from the naval office of Yeocomico for the last quarter, viz: from the 20th April to the 20th July; whether any entries have been made there since the 20th July I do not know, and I have not had time yet to hear from thence in answer to the letter I wrote touching the termination of the office, but I think it probable no entries have been made there since the 20th July, in which case, the present returns are complete as to this district. From the manner in which the laws are understood here by others as well as myself, I consider it my duty to receive payment of the bonds as may be offered here, according to the 27th Section of the naval office law of 1787, which stands unrepealed, for the act of last session relates to books and papers of office of such nature as to require public preservation, and not bonds which on payment of certain sums are to be restored to the obligors. To retain these bonds makes this difference to the naval officer, that if he collects them, he will receive a commission of 1 pr. cent. otherwise not; and this difference to the merchant that he will pay them more conveniently here than in Richmond; and this difference to the Commonwealth that the duties will be sooner paid to the treasury. However, I am ready to obey whatever orders may be sent me from the hon'ble Executive upon this subject. I have the honour to subscribe myself most respectfully Sir, Your most obedient and most humble Servant. August 10th JoHN C. LITTLEPAGE, CLERK OF DISTRICT COURT TO THE EXECUTIVE. Suffolk Alterations Sending a copy of the order of the Court appointing four gentlemen and repairs of Suffolk (therein named), to examine into the condition of the Gaol, and report such alterations and repairs as they may deem advisable for criminals. Goal CALENDAR OF STATE PAPERS. 19 1789. anl debtors, together with an Estimate of the Expenses of such altera- tions, if any, shall be found necessary. This copy of the Court's order August 10th is accompanied with the return of the four gentlemen suggesting certain alterations, repairs & improvements with estimate of cost thereof. J. AMBLER, TREASURER, TO MR. BLAIR. Reporting Cash on hand in the Treasury Aug. 1st, 1789, as follows: Amount p. Mr. Auditor's Return of warrants issued to Scouts & Rangers, And then Rations to 1st Aug., 1789, £6,759 1s, 7d. 5,300 0, 0. Specie remaining in Treasury, 1st August, 1789, 1,459, 1, 7. Warrants to Scouts & Rangers discharged, viz: under Reso- lution of Assembly, to amo. of Discharged & set apart, under order of Executive to July 31, 1789, £800 4,500 £5,300 £4,100 HENRY BANKS TO GOVERNOR RANDOLPH. In relation to certain claims he has against the Commonwealth, con- tracted by Mr. Armistead, an agent of the government, during the Revolution, and about which previous correspondence bad been entered into with the Executive. Mr. Banks encloses explicit memoranda from the books of Mr. Armistead, and requests a settlement of his account, strengthened by the explict opinion of Mr. Armistead, that the claim ought to be paid. August 11th Treasurer's report to Auditor Sir, I do myself the honor to transmit to your Excellency the following Acts, viz: An act to provide for the Government of the Territory North- west of the River Ohio. An act for the Establishment and support of Warrants August 11th Richmond claims vs. Common- wealth GEORGE WASHINGTON, PRESIDENT OF THE UNITED STATES, TO BEVERLY August 11th RANDOLPH. New York Acts for Ter- ritory N. W. of Ohio River Light Houses, &c. Executive 20 CALENDAR OF STATE PAPERS. 1789. Light-Houses, Beacons, Buoys and public Piers. An act to establish an August 11th Executive Department to be denominated the Department of War. Department likewise the duplicate of an act for settling the accounts between the United States and Individual States. Accounts be- tween United States and individual States August 11th August 11th HILLARY MOSELEY TO GOVR. BEVERLY RANDOLPH. Richmond A petition citing the fact that he is Security in a Duty Bond for James Petition for Coats, for about forty pounds, on which judgment is obtained, Execution relief as security on issued but no property found. As he is likely to suffer thereby, begs the Duty bond of Governor to direct the Sollicitor to suspend an Execution against him until next April by which time he can either get the money from Mr. Coats or pay it himself. Jas, Coats Asking for permission to carry with him Audi- tor's and Treasurer's books and Executive Journals up to 1781 WM. DAVIES TO GOVERNOR Randolph. Richmond Informing him that he has nearly completed the collection of the Vouchers vouchers that are to be found here and asks directions as to the mode of to be carried to New York taking them safely to New York. He finds the entries in the Auditor's books in many instances so short that the nature of the charge cannot be known but by an examination of the Executive Journals and those of other Boards. The books of these boards prior to 81 are indispensa- bly necessary, as the orders on which the Auditors acted were destroyed with their other papers. He is compelled therefore by necessity to ask to be entrusted with the books of the Auditors & Treasurer up to 81 in order to have extracts taken and copied, also with the Executive Journals of that year, promising to keep them no longer than absolutely necessary. watch them with the utmost care, and return them by the safest con- I have the Honor to be, with due consideration, August 12th Your Excellency's most Obed't Servt. Richmond United veyance. Suggesting that the Expenses in this matter may properly be States to pay demanded of the United States. expenses L. Wood, Public Solicitor to the Executive, reporting on claim of Banks & Co., and is in the following words: Pursuant to an Order of Council, dated the 4th June, I proceeded to consider the Certificate of Mr. Armistead's, then granted and reported thereon, which was laid before the Governor & Council at the special instance & request of Henry Banks, Esq., who thought he could prevail on Mr. Armistead to be more explicit. Mr. Banks has now produced CALENDAR OF STATE PAPERS. 21 • 1789. another, which I think, sanctions the whole Account & therefore con- ceived there was nothing further for me to say upon the subject, but it August 12th appearing from Mr. Blair's information that the Executive still expects a report from me, I am constrained to make the following observations: If the Executive admits Mr. Armistead's Certificate dated July, 1789, as conclusive, Mr. Banks' Account with Interest, will stand as I appre hend, nearly as he states it in No. 2, except such alterations as the errors in Interest may occasion. But on the other hand, should the Executive disapprove of this settlement & it is left to me, I cannot recede from my former & inclosed report, which was made on Principles that have ever guided in similar instances, to-wit: where proof of transactions are wanting & Books belonging to the Department remain whereto reference can be had, the publick Books have been the rule of adjustment; so in this case; Mr. Banks presented his account; reference was had to Mr. Armistead's Books; Mr. Banks was interrogated as to the difference in the Entries which he could not account for, & the account was adjusted agreeable thereto. Mr. Banks wished to return Notes for Tobacco, which were then supposed inadmissable from the delay. Mr. Banks applied to Mr. Armistead, who with good reason said that a lapse of eight or nine years might be supposed, would prevent an accurate recollection, but admits the small charges of Sugar &c., as proper. He refers to sundry accounts for the charge of Money paid Mr. Moss, if no other proof was offered by Mr. Banks, which have been examined & nothing appears. Mr. Armistead admits the propriety of receiving the Tobacco Notes, had they been returned during his agency, & thinks the Interest reason- able. It appeared to me from the list of the Tobacco, that it was paid since the devastation of the Enemy, induced me to admit it, in addition to the smaller articles, provided the Notes were deposited in such office ·´` as the Executive might order; still subject to the final consideration of the Executive together with the Interest. This adjustment still being dissatisfactory to Mr. Banks, he craved time to repeat his application to Mr. Armistead, thinking that he might still have it in his power to con- vince him of his loss should the account be closed as proposed, & from what Mr. Armistead sets forth in that Certificate, I then thought, & still think, all was allowed that that Certificate would justifie. However, it now appears Mr. Armistead settles Mr.. Bank's account. He admits the £3,000 paid to Mr. Moss, thọ. not recollected, & seems to justifie it from the difference in the Money credited the State by Mr. Banks on account of Col. Godfrey, & the sum charged therefor on Mr. Armistead's Books to the Debit of Messrs. Hunter, Banks, & Co., a con- nection that I must confess I do not understand, & was it not for Mr. Armistead's well known intimacy with accounts, should suppose he mistook the matter. Mr. Armistead has received from Mr. Banks, Notes for 6 hhds. of Tobo., permitts his debitting the state with a deficiency in reprizing 20 22 CALENDAR OF STATE PAPERS. 1789. hhds. of Tobacco, and deems the Interest reasonable untill paid; hence August 12th there appears nothing for me to adjust, upon a supposition that the Ex- ecutive admits Mr. Armistead's settlement as final. Otherwise my report is as inclosed. August 12th Archibald Denholm to Governor Randolph requesting him to mention Richmond to the Council the application made by him this day for Five Pounds to pay Mr. Burnley, which he advanced him. With all submission, I am the Executive's Most obt. & very h'ble servt. August 15th David Buchanan, alderman of said Town, Certificate of Register of Petersburg Schooner Liberty, lately belonging to the State, is a square starned Ves- Register of sel of sixty tons Burthen, built in Hampton, Virginia, in the year 84, is commanded by Hillery Moseley and navigated by three men; Owned by Moses Myors and William & James Douglas, citizens of this state, and that the master and mate have been citizens of this State for more than one year preceeding this date. schooner Liberty August 18th EDMUND RUFFIN, JR., COL., TO GOVR. BEVERLY RANDOLPH. Prince Return of the Militia of Prince George for April, 1789, with a return George Co. of arms, ammunition & accoutrements, together with a letter explaining Return of the reasons why he had not made the returns for the last year; saying Militia, &c. that his returns for last year were regularly made to Col. Bland, his superior officer, who can alone relieve him from this difficulty. If the return is meant to account for fines, he has never till the date of enclosed return, been invested with the power to direct the collection of, or receive any. Col. Bland being then engaged in Congress, and the com- mand devolving on him. If clerk of the Ct. Martial of his county can furnish the amt. of Fines heretofore imposed, will make Enquiry as to their collection. No information to ascertain the sums collected or to be collected had been put into his custody. August 18th Prince Edward District WM. DAVIES TO GOVERNOR RANDOLPH. Giving information that at least £250 specie are due in this district, which should have been collected long ago, could he have prevailed on CALENDAR OF STATE PAPERS. 23 1789. the proper officers to have received it; and suggesting that orders be given to Capt. Morton, formerly district Commissioner to collect it, and pay it August 18th over to the present proper officers. WM. DAVIES TO GOVERNOR RANDOLPH. August 19th Sir, I beg leave to inform your Excellency that on consideration of the Richmond state of the business under my direction, I find there will be an absolute Continuing two clerks necessity for the continuance of two clerks with me. There are several reasons which might be mentioned to prove this necessity, arising from the extent of the business itself. The darkness & uncertainty occasioned by the loss of vouchers & papers, which can only be supplied, and at best very partially, by a laborious research into very numerous extraneous documents, from whence after all, not much information can be obtained, and yet that little may be the best to be found. Add to this the derange- ment of accounts & vouchers, which an almost entire want of knowledge Accounts of the laws and arrangements of the State has occasioned among the papers taken on by the District Commissioner, and which must all undergo a revision, so far as to correct accounts with vouchers, and to make Revision such adjustments of them according to the laws which produced them · and the agents who conducted them, as will facilitate the application of the proofs, and render the whole more perspicuous. Mr. Dunscomb, upon farther conversation with him is willing to continue on his present allowance, trusting however to the future consideration of the Executive for any thing additional which his services may deserve. York Mr. Burnley, who is a young man of patience & understanding, will be the Second Clerk, but on account of the greater expense of living in New York, hopes an allowance of £20, or £25 a year more than his present wages. When the papers arrive at New York, there will be an absolute necessity of renting a room for the purposes of the examina- Renting tion & adjustment, which I have before mentioned, and of comparing room in New and selecting the proofs. The expence on this account will perhaps be at the rate of £40, or £50 a year, and shall be discontinued as soon as it can be dispensed with, and indeed I should hope that after a while, perhaps one clerk will be sufficient for the common business of the office. Mr. Burnley will set out with the papers as soon as they are ready to move, but expects his expences will be borne by the public. He will be Horse, Sad- at a loss for a horse, saddle, & bridle, unless your Excellency shall empower him to procure them at public expence, to be sold at New York, upon his arrival, or shall point out a better mode. I have not yet been able to contract for a waggon & team on such terms as I think Wagon and moderate. I beg leave to assure your Excellency that fully sensible of the number of years since this business of settling our continental ac- dle, &c. team 24 CALENDAR OF STATE PAPERS. 1789. count was first begun, and of the sums of Money it has already cost August 19th the State. I have constantly in my view the necessity & propriety of the strictest econemy; a consideration only to be dispensed with, when interfering with the proper execution of the business itself. I request information on the subjects of this letter as soon as convenient, and have the honor to be, Sir, August 21st August 21st Your Excellency's Most obedt. servt. Wm. Davies states that Mr. Cock will transport the books and papers to New York to support the claim of this state against the United States, and is in the following words: Contract for "Mr. Cock is willing to undertake the transportation of the books transporting books me & papors from hence to New York in 20 or 25 days for £15 and ferriages, papers to and £12 & ferriages returning. He insists on £12 in advance to enable New York him to equip the waggon, &c. I do not conceive myself empowered to make such an advance, without the consent of the Governor or members of Council." HENRY LEE TO GOVR. BEVERLY RANDOLPH. Dear Sir, Alexandria It is with regret that I find myself obliged to trouble the Subject of Executive again on the subject of the militia appointments in the ppointment county of Westmoreland. But until the other day, this necessary officers in business never was completed by the Court. Westmore- land county Will your Excellency please to transmit the commissions to Col. Washington, so soon as they are ready, who will in my absence, take the proper steps for preparing the militia of the county for the Autumn muster. I have the honor to be with great regard, Your Excellency's obt. Militia officers The following persons were appointed officers of the Militia, at a appointed Court held for Westmoreland County the 28th day of July, 1789, which is certified by Jas. Bland, clerk of Westmoreland Court, to-wit: William Augustine Washington, Colonel, William Nelson, Lieutenant Colonel, George Garner, Capt., John Critcher Lieutenant, and Wm. Atwell, Ensign; William Middleton, Capt., Fleet Cox, Jr., Lieut., Benedict Lam- kin, Ensign; Philip Lee, Capt., Corbin Washington, Lieut., and Ariss Buckner, Ensign; William Edwards, Capt., Wm. Robinson Dozier, Lieut., CALENDAR OF STATE PAPERS. 25 1789. Girard Robinson Hull, Ensign; Edward Sanford, Capt., Charles Muse, Lieut., John Marmaduke, Ensign; Richard Muse, Capt., Richard San- August 21st ford, Lieut., John Perry, Ensign; Elliot Monroe, Capt., Lewis Smith, Lieut., Lovel Harrison, Ensign; William Payne, Captain, James Brewer, Lieut., John Pierce, Ensign. HAYNES MORGAN TO Gov. BEVERLY RANDOLPH. August 22d Complaining that the County Court had recommended Lieut. Col. Pittsylvania County Stephen Coleman to be Colonel of the first Battalion of Militia, and Mr. Constant Perkins a private in the second Battalion, to be major.. in the first. He claims that he is entitled to the promotion, being the Eldest Colonel. These promotions occur by reason of the death of Col. Abraham Shelton of the first Battalion. - ANDREW DUNSCOMB TO LT. Gov. WOOD. Asking the Executive for an order for the amount of wages as clerk. Woodford County Court recommending to the Governor the appoint- ment of Robert Johnson as County Lieutenant, in place of Gen'i Charles Scott, who refuses to act. Also recommending Wm. Stute for Colonel of the County, and John Finney, as Lieutenant Col. of Militia for this County. August 25th GEO. WASHINGTON, PRESIDENT OF THE UNITED STATES to Govr. BEVERLY August 30th RANDOLPH. { Sir, New York of Congress I have the honor to transmit to your Excellency a Resolution of Resolution Congress for carrying into effect, a Survey directed to be made by the late Congress, and requesting the President of the United States to appoint a proper person to compleat the same. for Survey Also the duplicate of an Act relative to Negotiations and Treaties Negotiations with the Indian Tribes. with Indian Tribes. I have the honor to be with due consideration, Your Excellency's most ob't and most Humble Servt. Sept. 1st Woodford County County Lt. Col. of County Lt. Col. of. Militia. 4 26 CALENDAR OF STATE PAPERS. 1789. Sept. 1st Woodford County Militia officers Sept. 8th Nelson Co. The following persons are recommended by the Woodford Co. Court to the Governor, for Militia offices of this County, to-wit: Sept. 7th COL. SILAS HEDGES TO GOVR. BEVERLY RANDOLPH. Ohio County Resigning and returning his Commission as Colonel of the Militia of Resigning Ohio County, on account of old age and infirmities. This commission his Commis- is dated at Williamsburg, June 28, 1777, and is signed by John Page. sion Nelson Co. Bartlet Collins, Major, Jacob Stucker, Capt., Archibald Campbell, Capt., James Finney, Capt., George Gray, Lieutenant, Rhodes Thomp- son, Lieutenant, Thomas Mitchell, Lieutenant, John Rodgers, Ensign, William Davis, Ensign, & James Hayden, Ensign. ANDREW HYNES TO GOVR. BEVERLY Randolph. Resigning his commission as Lieutenant of this County, on account of declining health. NELSON COUNTY COURT TO THE GOVERnor. Lieut. of Recommending Will May for Lieutenant of this County. Proctor County Ballard to be Capt, of Militia; Pottenger for Lieutenant; John Militia offi- Robinson, Ensign; Edward Williams for Capt.; David Cleaver for Lieut., & John Bryant, for Ensign. cers. JOHN EDWARDS TO GOVR. BEVERLY RANDOLPH. Sept. 10th Bourbon Sir, County The inclosed is an account of the Expenses incurred in the defence Expences in of the County of Bourbon, since your Letter and advice of Council, defence of except a few rangers that was ordered into service for a small space of County time, on the most distant frontiers, and from whom I have not been able to ascertain any accompt respecting their expenditures. All the injury done us this summer has been two men wounded and some horses Stol'n. We have received no other, Subsequent to the discharge of the Act of Con- Scouts. Your inclosed acts of Congress respecting the oath to Support The oath to gress The Federal Constitution, came to hand, but the Magistrate by some support the accident, not making a Court, the persons therein prescribed, prevented Federal Con- stitution from taking the oath agreeable to said act. CADENDAR OF STATE PAPERS. 27 Doubts have arisen from my having any authority in this County under the invasion and insurrection Law, and as we are subject to fre- quent and sudden attacks from the Indians, from which we cannot be relieved from the Scattered Military force on the North-west side of the Ohio, I therefore beg your advice with the Executive's on that subject. I am sir, Your ob't Servt. ROBERT TODD TO JOHN HAWKINS. Sept. 10th Making application for the office of County Surveyor, in place of Fayette Co. Thomas Marshall, resigned, and this letter accompanied by the recom- mendation of Fayette County Court, dated July 15th, 1789, for said Todd to that position. For hire of Waggon, team, &c., to carry Books & papers belonging to the State of Virginia from Richmond to New York, amounting to, Cash advanced by Thos. W. Cocke, driver for ferriage, as per sundry receipts, &c., from Richmond to New York and return, 3 days detainure of waggon for want of a discharge, 1789, Aug. 25-By Cash Rec'd of Col. Wm. Davies in part, Sept. 11-By Cash rec'd of R. Burn- ley, Balance due W. Cocke, WM. COCKE'S ACCOUNT CURRENT WITH THE COMMONWEALTH OF VIR- Sept. 11th GINIA, AS PER AGREEMENT WITH COL. WM. DAVIES. Richmond 4. 7. £15, 0s, Od ditto ditto ditto ditto ditto 8, 3, 0 8, 16, 8 4 List of ferriages paid by Thos. W. Cocke, on above trip: 1789, Aug. 30. Cash p'd at Fredericksburg, 31. Sep. 1. 2. Colchester, George Town, Elkridge Landing, Susquehanah, Scuylkill, 3, 9, 8 1, 10, 0 £31, 19s, 8d £31, 19s, 8d 1789. Sept. 10th Indians Hire of waggon and team to carry £27, Os, Od Books, &c. to New York 2s, 6d 2, 4 6, 0 2, 0 10, 0 1, 0 County Surveyor Ferriages 28 CALENDAR OF STATE PAPERS. 1789. Sept. 11th Sept. 13th Ohio County 1789, Sep. 8. Cash p'd at Shamany Creek, Delaware, Newbrunswick, 8. ∞ oi 9. Same Returning, ditto ditto 1, 5, 4, £1, 148, 10d 1, 14, 10- £3, 98, 8d The above account of ferriages is certified to by Thomas W. Cocke. 6 0 6 Sept. 13th DAVID SHEPPERD COUNTY LIEUTENANT TO GOVERNOR BEVERLY RANDOLPH. Ohio County Stating that he had sent a list of the spies & Rangers of the County. Spies and for the current year; Says that there is a balance of £49, 7s, due the Rangers last year's contractor for rations, which he thinks him liable for, and Capt. Bilder- hopes the Executive will settle. The articles of agreement between back and them and his proven account is in the hands of the Council; have had by Indians no disturbance with the Indians since Capt. Bilderbuck & wife were taken prisoners about two months ago, & not yet heard from. Rations wife taken • > David Shepperd, Co. LIEUT., TO GOVR. BEVERLY RANDOLPH. Returning Capt. Wm. McMahan's Pay Roll for 3 officers & 50 pri- vates together with a list of spies ordered for the present year, for the defence of the County, to-wit: Vackal Dickeson, Lewis Whetsell, John Millar, Saml. Brady, Peter Cox, George Cox, & James Mitchell. 4,040 rations delivered by Walter Buckhannon at 6d per ration. Two addi- Peter & George Cox were sent out by the request of the inhabitants of tional Spies the County as additional spies, and to be laid before the Executive. Accompanying this is a letter signed by Benj'n Biggs & John Henderson, dated Richmond, Nov. 8, 1790, stating that the frequent incursions of the Indians, and the constant dread of a helpless & Extended frontier, induced the County Lieut. to call into service two additional Scouts, viz: Pete & George Cox, who discharged their duties with fidelity, hoping the Executive will lay their claim before the Board; trusting that they will reconsider the matter, & allow them the compensation they justly merit. CALENDAR OF STATE PAPERS. 29 WM. C. DUNBAR TO THE Governor. This letter is so queerly written and spelled that it is almost unintel- ligible. It seems that Mr. Dunbar is perplexed of women, who follow him through the Country; that he is afraid of his life, and cannot attend to his business; asks assistance from the Governor to put a stop to this trouble. * 1789. ALEXANDER MOSELEY, CK. HUSTINGS COURT, to the Governor. Certifying that the Court recommends the following persons to be officers of Militia, viz; James Ramsay for Lieutenant and John Brent, John Swallwood, & John Pryor, for Ensigns. This certificate is enclosed in letter from Thos. Newton, Jr., asking the Executive to send the Com- missions. Sept. 15th No place given JNO. BOUSH, CLK. OF COURT TO THE GOVERNOR. Sept. 18th Norfolk Co. Pension Bernard Certifying that the Court recommends the continuance of the pension heretofore allowed Sarah Linton, widow of Bernard Linton a soldier in 2nd State Regiment, for the benefit of Lemuel, Lydia, & Lucy Linton, Linton orphans of the said Bernard & Sarah Linton, they being young, and His orphans having no means, Also certifying that Elisha McBride had been ap- Lydia, and pointed Guardian of the said orphans & given security. Lucy Sept. 21st Norfolk Borough Militia offi- cers MR. DEMARBOIS TO THE Governor. Sept. 21st Introducing Mr. Chevalier a French man, who has claims due him New York from the state, and requests that he be afforded Every facility to a settlement, as soon as his claims are ascertained. JOHN BECKLY, CLERK OF THE HOUSE OF REPRESENTATIVES. In the House of Representatives of the United States, Monday, the 21st September, 1789. The House proceeded to consider the Report which lay on the Table Pennsyl- from the Committe to whom was referred the Memorial and petition of vania Credi- the public Creditors of Pennsylvania. tors Sept. 21st No place given 30 CALENDAR OF STATE PAPERS. 1789. Sept. 21st National honor Plan Sept. 21st Sept. 21st Lancaster County Sheriff's office Sept. 26th No place given Whereupon, Resolved, that this House consider an adequate provision for the sup- port of the public Credit, as a matter of high importance to the National honor and prosperity. Resolved, that the Secretary of the Treasury 'be directed to prepare a Plan for that purpose, and to Report the same to this House at its next meeting. Extract from the Journals. (Copy) Compared with the original in the office of the Secretary of the Treasury. Ordered, that the Secretary of the Treasury be directed to apply to the Supreme Executives of the Several States for Statements of their public Debts; of the funds provided for the payment in whole or in part State Debts of the principal and interest thereof, and of the amount of Loan office Certificates or other public Securities of the United States in the State Treasuries, respectively; and that he report to the House such of the said documents as he may obtain at the next Session of Congress. Extract from the Journals. WM. QUER, Asst.-Secy. In the House of Representatives of the United States, Monday, the 21st September, 1789. (Copy) Compared with the original in the office of the Secretary of the Treasury. WM. QUER, Ass't. Sec'ry. JAMES GORDON TO Gov. BEVERLY RANDOLPH. Recommendations from Lancaster County Court that James Ball, Jun., Henry Lawson, and James Wallace Ball, are proper persons to officiate in the Sheriff's office. ALEXANDER HAMILTON, SEC'Y OF THE TREASURY, TO THE Governor. Treasury Department, September 26th, 1789. Sir: In obedience to an order of the House of Representatives of the 21st Instant, (Copy of which I have the honor to enclose.) It becomes my duty to request your Excellency to procure and transmit to this • CALENDAR OF STATE PAPERS. 31 office the Documents and information therein required. As the next 1789. Sessions of the Legislature will be on the 1 Monday of January ensuing, Sept. 26th it is greatly to be wished that the whole of the above Statements may Statements of the pub- be forwarded to this office before that day; particularly the Statement lic Debt of the Loan office Certificates, or other public securities of the United Loan office Certificates States, which may be in the Treasury of your State. This last Statement is immediately necessary to enable me to prepare with the requisite accuracy, the plan referred to in other resolutions of the House of the same date, with those above mentioned; a Copy of which is likewise enclosed for your Information. It would be advisable to transmit at the same time, as accurate a Statement as can be made of the Interest, if any, which the State may have paid on the Evidences of the public Debt above mentioned. I have the honor to be sir, Your most obed't Servt. His Excellency the Governor of the State of Virginia. September 19th, 1789-William Johnson's family, four killed and four Captivated, horses taken, Cattle, hogs, & sheep kild & the house plun- dered. Benj'n Wilson, giving a list of the Mischief done by the Indians in the Sept. 27th County of Harrison, viz: September 22d, 1789-Mr. Mauck's wife & two children kill'd, Cattle, &c., and house Burnt. September 22d, 1789-Mr. Statzer's house Burnt, Including his house- hold stuff; the family hardly Escaped. September 23d, 1789-Jethra Thopson's house Burnt. September 26th, 1789-John Simms' house Burnt and horses Taken away. The above Mischief done from the midle of County & upwards. This Evening I Rec'd an Express that two Indians was seen near the Lower End of the County. The Bearer can Give you fuller information, he was present and saw some of those that were killed. He may be Depended upon as he is a Gentleman of varacity. Interest Harrison County Indian Massacre and destruc- tion of property ROCKINGHAM COUNTY COURT TO THe Governor. Sept. 28th Recommending the following persons to be Commissioned for Rock- Rockingham ingham County, viz: Jacob Hyson for Captain, James Blair, for Capt., County Acariah Berry, for Lieutenant, Martin Kite, for Ensign, Jacob Arga- Militia offi- bright, for Lieut., George Gilmore, for Ensign, John Bright, for Lieuten- ant, and Samuel Harned, for Ensign. cers 32 CALENDAR OF STATE PAPERS. 1789. Sept. 28th Cumberland County Fined for not listing his riding chair Sept. 28th Harrison County Gov. St. Clair People dispirited Sir, I understand the protection of the frontiers of this state is now put into the hand of Governor St. Clair, who I believe, is Now Absent from the station at the Mouth of the Muskingum. The Indians are very Troublesome in this County, as will appear by this inclosed troublesome list of Depradations. Indians Our people is dispirited, as the have soon felt the Direfull Effects of an Efficient Treaty with the Indians, in which they had put some Con- fidence. Requests that Maj. Wm. Low- ther be examined in regard to The persume if Congress knew their situation, it would soon be other- wise, for which purpose I Earnestly request that the Bearer Major Wil- liam Lowther May be Call'd before your Board and Examined on Oath, as Touching the late Incursions in this County & a Copy of his Testi- mony sent to Congress, that they may be acquainted with the Sufferings Indian of their people, and the Ill Effects of Partial Treatys. incursions and testi- Sir, am your very Humble Servt. mony sent The above paper to be inclosed to the President of the United States, to Congress the assembly having taken up the subject, nothing to be done by the Executive. Sept. 29th Prince George Compensa- tion for self and assistant TSCHNR. WOODSON, DEPUTY CLK. OF THE COUNTY COURT. Certifying that Martin Pearce had been fined and treble taxed for not rendering an account of his riding chair with his list of other taxable property to the Commissioner. The fine ordered is Five Pounds. Sheriff to have £1, 6s, for his ser- vices; the clerk 12s, 6d, and the Commissioner 10s; the ballance £3, 16s, to be applied towards lessening the Courty Levy. With this paper are sent affidavits from a number of Mr. Pearce's neighbors, testifying that at the time of listing the property, Mr. Pearce had no riding carriage, as his old one had been taken to pieces to secure the irons from which to make a new one; and that at that very time, the old irons were lay- ing around the Smith's shop waiting to be attached to the new wood work, when it was ready for them. COL. BENJ'N WILSON TO GOVERNOR BEVERLY RANDOLPH. C. RUSSELL TO GOVERNOR BEVERLY RANDOLPH. Enclosing certain accounts taken from his books and leaving the com- pensation of himself and assistant, contracted with on the faith of the Governor's letter, for their trouble, to the Governor, asking him to enclose the warrant for his services by the bearer, Mr. John J. Thweatt. CADENDAR OF STATE PAPERS. 33 JNO. MCCALLY TO GOV'R BEVERLY RANDOLPH. Requesting to be removed from the Commission of Justice of the peace of Harrison Co., giving his reasons therefor, that there are already Twenty-two justices, and the Court has lately thought meet to recom- mend Seven more, making Twenty-nine. As there are only four Hun- dred and Seventy odd tithables in the County, he thinks 28 Justices will be sufficient for the business of so small a number of people. COMMONWEALTH OF VIRGINIA, 1789, Aug. 26-To my Salary from the 1st June to this day, when the office closed at Richmond, - To WILLIAM Davies, Dr. Cr. 1789, Aug. 20-By Cash advanced in part, Balance due W. D., Sept. 30-To my Salary at 6 dollars a day from the 27th Augt. when the papers set out for New York, is 35 days, 210 Dol- lars, - · - £46, 17s 63, 0 £109, 17s £75, 08 £34, 17s 1789. Sept. 30th Harrison County Sept. 30th No place given Wm. Davies' Salary Acct. 1 E. LANGHAM, SUPT. OF STATE POST AT POINT OF Fork, for QuaRTER Sept. 30th ENDING SEPT. 30, 1789. Fork Cash Clothing Pay Roll Men Quarterly returns from the Point of Folk, enclosing Account of Cash Point of Expended for sundries with accompanying vouchers amounting to £109, 17s, 12d. Account of Clothing issued and on hand. Quarter Master's stores issued and on hand; Also the Pay Roll of the State Guard, composed of 26 men, viz: John Maddox, Jno. Dillard, Jno. Lane, Jno. Finch, Jno. West, M. Jorden, H. Perry, R'd Cawthorn, Wm. Cooper, J. Wood, D. Akers, Jno. Seay, Wm. Hopkins, Ro. Cawthorn, S. Bridg- water, Jos. Griffin, Ro. Harslep, Wm. Harslep, Jas. Harriss, Wm. Bashaw, L. Cawthorn, G. Comer, C. Williams, Jas. Hawkins, R. Wood, B. Sim- mons; enclosing also an Estimate for forage for the year 1789-90, com- mene'g Oct. 1, 1789, viz: 80 Barrels of Corn @ 10s, making £40, & Estimate for 20,000lb fodder or hay at 3s per Cwt., making £30. forage 5 34 CALENDAR OF STATE PAPERS. 1789. Sept. Pittsylvania County Militia officers October 1st MEMORIAL FROM JOHN LINTON TO THE GOVERNOR. Dumfries Setting forth that he had been removed from his office of Inspector of Tobacco by the County Court of Prince William Co. in September last, from Tobac- without being heard or notified of any charge. He claims that he has co Inspec- Removal tor's office discharged his duties faithfully and to the Satisfaction of the Merchants. Not notified That presuming he would retain his position during good behaviour, he or heard had bought a lot and built a residence for his family in Dumfries, which he under other circumstances would not have done. His interest thereby destroyed, besides his good name affected in his declining years. Con- Request siders this action without precedent or authority. Requests that the charges to be Governor & Council order the charges, if any, to be brought before them, brought be- fore the Gov. and unless good cause be shewn to the contrary, he be reinstated in his and Council office. This memorial is also accompanied by the signatures of Fifteen merchants, certifying to the facts contained in the memorial, Except respecting the notice not being given Mr. Linton, of which they cannot have knowledge. Bedford Co. Jos. AKIN, D. C., PITTSYLVANIA Co. COURT, TO THE Governor. Recommending Joseph T. Williams for Lieut., and Thomas Tanner for Ensign of the Militia. W. LEFTWICH COL. OF MILITIA. October 5th The Checkesaw Chief & his companions on their way to Congress, On their way having good vouchers for their conduct, and on publick business, they to Congress are recommended to the people in this County for assistance in provisions Recom- for themselves, & Horses, taking a recepte from the Interpritor Mr. Fry, mends them for the same. to the people October 6th Rockbridge county Militia officers ? Given under my hand. Major Robert King will also pass his rect'e for the provisions. } Clerk of County Court of Rockbridge TO THE GOVERNOR. Certifying that the Court recommends James Tedford for Lieutenant, and Robert Anderson for Ensign. < CALENDAR OF STATE PAPERS. 35 WM. ESKRIDGE TO GENERAL WOOD. Your Obdt. & Humble Servt. Dr. Sir, moved to Kentucky You directed me to give the Executive an account of those persons October 8th who had acted as Heads of Departments, & had moved to the district of Winchester Kentucky. I find that Colo. Abrm. Hite, Stephen Ashby, & Richard Persons act- Easton, the two former of Hamshire, and the latter of this County, of Depart have moved to that Country. Ashby & Easton acted as Commiss'nrs ments and Provision Law, & Colo. Hite was County Lieut. of Hamshire; Him, or his son Araham Hite, acted as Paymaster & Commissary in the Northern Hite, Ashby, and Easton Department in an Expedition against the Indians in 1776. The son, as well as father, is in Kentucky. These are all that I know of who have moved to that Country. You will please to communicate the above information to the Executive. I am now on my way to Hamshire & Hardy, & shall proceed over the mountains & finish all the business in that Country before I return. Have done some business in this County, & shall use every exertion to get it compleated as soon as possible. I am Dr. Gen❜l, 1789. Sir, I have the honor to transmit to your Excellency the duplicates of the following Acts, viz: An act to establish the Judicial Courts of the United States. An Act to regulate the process in the Courts of the United States. An Act to explain and amend an Act entitled an Act for registering and clearing Vessels, regulating the Coasting trade, and for other pur- poses. An Act to recognize and adapt to the Constitution of the United States the establishment of Troops raised under the Resolve of the United States in Congress Assembled, and for other purposes therein mentioned. Original LETTER FROM GEORGE WASHINGTON, PRESIDENT OF THE UNITED October 8th STATES, TO GOVERNOR BEVERLY RANDOLPH. United States, October 8th, 1789. An Act providing for the payment of the Invalid Pensioners of the United States. Hampshire and Hardy counties No place given From G. Washington President U. States Duplicates of Acts of Con- gress Judicial courts Process in courts Registering and clearing vessels, &c. Troops, &c. Invalid Pen- sioners, &c. Allows Baron de Glanbeck pay of Capt. An Act making appropriations for the present year. An Act to Allow the Baron de Glanbeck the pay of a Captain in the in the army Army of the United States. Meeting of next Con- gress An Act to alter the time for the next meeting of Congress; and a 36 CALENDAR OF STATE PAPERS. 1789. Resolution for continuing John White, John Wright, & Joshua Dawson October 8th in office until the 4th of February, 1789. Continuing Jno. Wright, Jno. White, and Joshua Dawson in office October 9th Northum- berland county Militia officers October 12th Richmond Sir, Delinquent I am to request the favor of your Excellency's order to the Auditor Sheriffs, &c. for fifty pounds upon acct., to defray Expences of sending out Notices to delinquent Sheriffs & Debtors, & for Duties. Lam Sir, Your Excellency's most obt. Serv't, Columbia I have the honor to be with due consideration, October 12th Tнos. Pollard, D. C., OF NORTHUMBERLAND COUNTY COURT, TO THE GOVERNOR. Peomingo or Mountain Leader Your Excellency's most obedient Servt. L. WOOD, PUB. SOLICITOR, TO GOV. BEVERLY Randolph. Certifies that the court recommends George Ball, (Doctor,) for Cap- tain, John Hughlett for Lieut., William Nelms, for Captain, Cuthburt Harcum, for Lieut., Thomas Keene, for Capt., Robert Crowther for Lieut., & Joshua Cockarill, for Ensign in the Militia of Northumberland County. DAVID ROSS AND OTHERS. Recommending Peomingo or Mountain Leader, a principal chief of the Chickasaws, & other chiefs of that Tribe to the hospitality of the people, through whose country they may pass, on their way to New York on business with the Government, respecting their Nation. LETTER OF DAVID ROSS. The Bearer, Peomingo or Mountain Leader, I know to be a Chief & Warrior of the Chickesaw Nation. His Nation have ever been singular in their attachment to the whole people, and have uniformly held it in abhorrence to shed their blood. Kind and They are remarkable for their kindness & hospitality to people passing hospitable through their Country, and their friendship is in a particular manner servicable to our Western people, who adventure to New Orleans with their produce, as they generally return home by Land through the Chickesaw Towns. CALENDAR OF STATE PAPERS. 37 I From this character of those people, which I am sure is the truth, 1789. take the liberty of Recommending them to friendly & kind treatment October 12th on their journey to New York. Recom- to kind treat- ment This letter is accompanied by papers of the same tenor from Isaac mends them Shelby, giving the party permission to pass unmolested; also one from Dan'l Smith Command'g the Miro District; and a certificate of the same import as to their friendly actions, signed by Wm. McDowell, Thos. Barber, Wm. Kennedy, Ro. Lawson, George Muter, Saml. McDowell, Caleb Wallace, Harry Innes, George Nicholas, Christo Greenup, Ben. Sebastian, & James Brown. WM. MCCRAW, Jr., TO GOVERNOR RANDOlph. : .. Sir, Your favor of the 30th July last, was handed to me yesterday. I observ'd the contents, & you may rest assured that I will as early as possible, furnish you or y'r Successor with the acct. required. I intend engaging the business this afternoon. I expect to be in Richmond Established between this & Xtmas, with all my public Books &c., and will do my Country that Justice as give you any information that will tend to the with the U. Establishing of the acct. of this State with the United States. account of this State States I am sir, Your Excell'y obt. Servt. October 12th SAML. A. OTIS, SEC'Y OF THE SENATE OF THE UNITED STATES, TO THE Governor. Enclosing a Copy of the Journals of the Senate at their first Session. Halifax JOHN BECKLEY, CLK. OF THE HOUSE OF REPRESENTATIVES, TO THE GOV- October 13th ERNOR. Enclosing three sets of the Journal of the House of Representatives New York for the late Session; one for the supreme Executive, and one for each branch of the Legislature of the State. House Journals Senate Journal HAYNES MORGAN TO Gov. BEVERLY RANDOLPH. Stating that he had written him some months past, respecting some Pittsylvania vacancies that happened in the Militia of Pittsylvania, occasioned by October 14th 38 CALENDAR OF STATE PAPERS. 1789. the death of Col. Shelton of the 1st Regt. He claims the appointment October 13th being Col. of the 2nd regiment. Says that the Court of the County, consisting of few members, & in his absence had recommended Stephen Coleman Lt. Col. of the 1st, to be Col. thereof, & he had been commis- sioned. This he conceives to be his right, and requests the Governor as Commander-in-chief, to see him righted. October 14th COPY OF A CERTIFICATE FROM DANIEL CLARK. "To whom it may concern." I, Daniel Clark do declare that when I acted as Attorney for Mr. Oliver Pollock at New Orleans, I did for account of said Pollock, pay to the Honorable Toutant Beauregard Province of one of His Majesty's Council for tho Province of Louisiana, and to Mr. Louisiana Bourgeois, who is married to the widow of the late Cadet Sardet, certain sums of money, which the said Pollock owed to them on ac- count of Bills of Exchange he had drawn on the House of Penet, Exchange Dacosta, Freres & Co., of Nantz, which were protested for non-payment, Sardet Bills of Penet, Dacosta, and then held by them; and I also declare that the said payment to New Orleans Feres & • Co. protested them, and each of them; was in Paper Dollars of this Country, at a period when they were from 60 to 62 p. Cent. of less value than Silver Dollars of Mexico; and that they received but 12 p. Cent. Damages, & 5 p. Cent. Interest. October 15th Money in treasury October 15th J. AMBLER TO THE GOVERNOR. The sum of Eight thousand five hundred pounds in the Treasury, Exclusive of what has already been directed to be set apart for the Scouts, &c. Sir, WM. HENDERSON TO GOV. BEVERLY RANDOLPH. Campbell Co. Upon reflection since I saw you, of what was represented to the Executivo by James Adams, &c., in order to justify Mr. Richard Stith's In regard to claim to the Sheriffalty of this County, contrary to the Recommenda Richard Stith's claim to the Sheriffalty tions of the Court of Campbell, I think it reflects upon my Charecter, and in order to justify myself I shall take it as a singular instance of your kindness, if you will furnish Col. John Trigg, who will deliver this to you, a coppy of Charles Lynch & John Ward's Letter, also any other papers or proof made use of by the said Adams, as Maj. Ward informs me he never signed any such Letter. I am sir, Respectfully, • Your Mo. Ob't. CALENDAR OF STATE PAPERS. 39 1789. H. KNOX TO THE GOVERNOR. Extract of an Act to recognize and adapt to The Constitution of the No date and United States, the Establishment of the troops raised under the resolves no place given of the United States in Congress assembled, and for other purposes therein mentioned-Passed 29th September, 1789: WM. DAVIES TO GOV. BEVERLY RANDOLPH. "Section 5th. And be it further Enacted, That for the purpose of Protecting protecting the inhabitants of the frontiers of the United States from the hostile incursions of the Indians, the President is hereby authorised to call into service from time to time, such part of the Militia of the States respectively as he may judge necessary for the purpose aforesaid, and that their pay and subsistence while in service, be the same as the pay and subsistence of the troops above mentioned." the Inhabi- tants of the frontiers from Indians President is authorized to call the militia into service and subsist- Their pay "Section 6th. And be it further Enacted, That this Act shall con- tinue and be in force until the End of the next session of Congress, and no longer." ence October 16th Sir, The Commissioners of the board of three are still absent, and the Comptroller & Auditor of the Treasury have not yet arrived; there is therefore no business going forward in the settlement of accounts with individual States, but in the office of the Commissioner of army accounts whose cognizance is confined to advances for pay & depreciation to the army and pay of the Militia. He takes them in order as bro't in, and he has not yet come to Virginia. I find almost universally to the East- Mileage of ward the militia have charged mileage to & from camp, in addition to Militia their pay. This seems to have been unattended to in Virginia, and as the period when Congress allowed this compensation was prior to Arnold's visit, the Evidences of the members of our militia who were in service, and consequently of the amount of the mileage to which they were entitled, were burnt with the other public papers. should be The Collectors of vouchers therefore should be as expeditious in Collectors procuring & forwarding the proofs on this, as well as other heads, as the of vouchers nature of the business will permit. I confess it escaped me at the time expeditious of preparing instructions for the Collectors, to give them any special as possible directions on this subject; how far your Excellency may have it in your ing proofs, power to direct their attention to this object, I cannot say. The gentle- &c. man appointed near Winchester to collect vouchers, &c., I fear is either Collector of not qualified, or not disposed to act in the business. General Wood vouchers at Winchester promised to take some agency respecting the appointment. I have heard nothing from Mr. Langhorne, and I am apprehensive that Mr. Yarbro' is inattentive to the duties of his appointment, tho' very capa- ble of executing it advantageously. I conversed with him very particu- New York No settle- ment of accounts with indi- vidual States going on Arnold's visit 40 CALENDAR OF STATE PAPERS. 1789. larly on the business, and received assurances of his undertaking it. October 16th My last from Petersburg announced to your Excellency my apprehen- Collector at sions that he meant to deceive. I would be much obliged, should your Petersburg; Excellency think proper to write him on the subject to know his sions of him intentions explicitly. Should he decline & would deliver to Major Peter Suggests Williams all the papers & instructions he has had from me, the public would not be injured by the Change, if the Major will undertake to act. He lives in Prince George, and some time ago would have been willing to have been employed in this way, and perhaps may be still. Major Williams in his place October 17th Hanover County Shewing that every one of them had been fined 10s Each by a Court Martial for non-attendance at a General Muster, & praying to be Fines for acquitted for the following reasons: That they had not been warned so non-attend- to do; that the sheriff gave them the first notice by demanding the ance at General fines; that they conceive that they have the Constitutional right to be Muster heard before being condemned; are convinced that upon principals of Not warned Right to be common justice, they could have cleared themselves, had they been heard before allowed the liberty of defending themselves; and appeal to the dispens- being con- October 17th I have the honor to be with great respect, Your Excellency's very obed. Servt. PETITION FROM CAPT. THOMAS WHITE'S COMPANY OF MILITIA of HANOVER COUNTY, TO THE GOVERNOR & COUNCIL OF STATE, demned ing power of the Executive for relief from the fine. Appeal to the Execu- tive This petition is accompanied by a sworn statement from John Chappel, Nathan Barker, & Jeremiah Lindsey, Sergeants in Capt. Statement Thomas White's Company, setting forth that they did not receive orders from County to warn the said Company to appear at the General Muster, & did not Sergeants Green Level warn them that they heard no such orders given; Lindsey however recol- lected hearing the Lieutenant of said company, after the company was disbanded, and a great part gone, give notice of the General Muster. Names of The names of the Company are Wm. Spur, David Martin, John Bailey, Petitioners Nathaniel Talley, David Gooch, Edmund Hooper, James Bingham, John Wood, John Boatright, Obediah Tucker, George Slaughter, Anthony Ingram, Joseph Gathright, Thomas Slaughter, Elias White, David Acre, Heartwell Boatright, John Perry, James Hooper, John Acre, Aaron Marsh, Richard Meux, & Joshua Acre. Sir, WM. HELM TO GOVERNOR BEVERLY RANDOLPH. Inclos'd you will find my Commission with thanks for your Compli- ment, thoug beg the favour that you will not appoint me to any publick CALENDAR OF STATE PAPERS. 41 1789. post at all, for it is my wish until I can reconcile myself to be a partizan to keep as clare of Publick posts as possible; it is true I have made a October 17th small stroke at one of our grand party, but I will promis him if he will Green Level excuse me for it I will do so no more. I have heard an old proverb that Resigning his commis- honesty is the best policy, but I can venture to say an honest man can sion as Capt. not always come at justice. of militia From your obe'd svt. of The above commission was issued at Richmond to Wm. Helm, Prince William, appointing him Captain in the militia of said County, dated June 5th, 1787, and signed by Beverly Randolph, Lieut.-Gov'r. H. KNOX, SECRETARY AT WAR TO THE GOVERNOR. War Office of the United States, October 19, 1789. Your Excellency's most obedient Humble Servant. No place given Sir, I am directed by the President of the United States to request that October 19th your Excellency would be pleased to order an exact list to be made out agreably to the form herein enclosed and transmitted immediately to this office, of all the military Invalids to whom pensions have been List of Pen- granted and paid by the State of Virginia in pursuance of the resolves of the late Congress of the United States. sions to be made It is to be observed that no lists have been received at this office of the invalids residing in the State of Virginia since the one for the year 1787. The list now requested is indispensibly necessary in order to make an arrangement for the payment of the Invalids in March next, agreably to the information published in the newspapers. I have also to request that your Excellency would be pleased to direct a return to be made out of the officers' widows or orphans, if any, who have received from the State of Virginia the seven years half Pay stipulated by the resolve of Congress of the 24th of August, 1780. This return to State the rank, and time of the officer's death, the amount of the annual pension paid to the widows or orphans, and the years for which it has been paid. I have the honor to be Invalids in Virginia Payment Officers' widows or orphans James McGavock's receipt book containing sundry receipts to him October 19th from the officers of various counties for public lead. These receipts date Public Lead from July 21, 1786, to Oct. 19, 1789. 6 42 CALENDAR OF STATE PAPERS. 1789. October 20th JOHN CALDWELL, LT. COL., 2D REGT., to Governor BEVERLY Randolph. Nelson Co. Returning the number of Militia of Nelson County, viz: 1st Rogt. Returns of 600 rank & file, 2d Regt. 650 rank & file, does not recollect the exact number of officers, but they are not proportionable on account of resig- • Militia nations. October 20th WALTER CROCKETT, COUNTY LIBUT. OF MONTGOMERY COUNTY, TO GOV- ERNOR BEVERLY RANDOLPH. Indian massacres Richmond Sir, Two spies ordered on Agreable to your Excellencie instructions to me sometime last the frontiers spring, I Ordered Out two spies on the frunteers of Montgomery County which Continues on duty at this time, but the frunteers of that County is Seventy or Eighty miles in length, it was emposseble for two men to make the nessery discoverys and to watch all the inroads that led to the frunteers of the County. On the first of this instant A party of Indians took one Willey's family, killed and scalped foure of his Children and took his wife and her youngest Child prisoners. About the same time they killed one Whitley, and masscrced him in Abrbares manner. There went Twelve men in persute of them Emeadiately, and was gon Twelve days when I left home and was not returned, therefore I can In pursuit Give Know account what success they had. I emeadiately Ordered a October 21st Auditor's office In regard to examina- tion of ac- counts re- ferred to Auditor from the Executive - Capt. and Fifty men with proper officers to Rainge on the frunteers for one month from the time of thire Randezvousing at the place appinted for them to meet. This is a true account of what happened in the County of Montgomery by the incursings of the Indians last Summer. Sir, I am with Regaurd, Your Excelenecy most Obe't Humble servt. J. PENDLETON, AUDITOR, TO THE GOVERNOr. Stating that he never considered the reference of an account from the Executive to him for settlement, as procluding an examination of the charges contained therein, but when so referred, he conceived that to be an admission of the claim to be settled according to the legal or customary rules of the office, and hopes that if the Governor & the members of the Council are now of opinion, there was no necessity for their instruction on this subject, it may be rescinded or expunged. CALENDAR OF STATE PAPERS. 43 Thomas Parker's account against the Commonwealth of Virginia, 1789. for his expenses from 20th April last, to this date, in obtaining vouchers October 23rd for this State against the Continent, amount'g to £15, 12s, 43, actually Account of paid, exclusive of horse. expenses JOHN LOGAN TO GOVR. BEVERLY RANDOLPH. October 23d Stating the strength of the Militia of Lincoln County, at as follows: Lincoln Co. strength of 14 Field officers, 13 Captains, 13 Lieutenants, 13 Ensigns, 26 Sergeants, the Militia and about 800 privates. - Resolution of the House of Delegates for the relief of the Chickasaw October 23rd* Indians, and is as follows: In the House of Delegates, Friday, the 23d of October, 1789. Whereas some of the Chiefs of the Chickasaw Indians have repre- sented that the Creek Indians have committed many insults and depradations on their Nation and have attacked them in a hostile man- ner, and unprovoked; that they intended to make application to the President of the United States for assistance to repel those violances but are prevented from executing that intention by the great distance to New York, the advanced season of the year, and the pressing exigence of their affairs. And the General Assembly calling to remem- brance the long and uninterrupted friendship which hath existed Long and between the said Indians and the people of this State, who have received uninterrupt- ed friend- constant proofs of their affectionate regards, and at the same time ship pitying the defenceless condition of the said Chickasaws, who are Defenceless exposed to the fury of their enemies from the want of ammunition. condition Lead It is therefore resolved that the Executive be desired to furnish to the Resolution to furnish said Chickasaw Nation, such quantity of Gun powder, not exceeding the Gun- two thousand weight, and lead proportioned thereto, as their necessities powder and may require and the public can conveniently spare; and furnish such of the said Indians as are in this City, with such articles as may be proper for them, and also make a suitable compensation to the two white men who accompany the said Indians. Resolved, That it be an instruction to the Committee appointed to prepare an address to the President of the United States, on the subject of Indian affairs, to represent to him that the General Assembly have the Presi- dent United been induced to interpose in the manner expressed in the foregoing States on In- resolution from an expectation that the peculiar circumstances of the dian affairs Resolution to prepare an address to 44 CALENDAR OF STATE PAPERS. 1789. Chickasaws, who are now applying to the Government of Virginia, October 23rd would render such interposition acceptable, and that the federal Govern- Retribution ment will not be averse to make retribution for the advances on this for advances occasion. made on this occasion + Names of losers and amounts claimed Teste: October 24th October 24th and 26th King William Court appoints Christopher Tompkins & John Catlett King Wil- in February, 1783, to receive the value of the damages done by the liam County British in Saint Davids Parish in this county in May, 1781, agreably to CHARLES HAY, C. H. D. H. BROOKE, C. S. 1789, Oct. 26th, Agreed to by the Senate. A Copy Teste: his favor No compen- sation Persons ap- an Act of Assembly in that case provided; and in October, 1789, James pointed to ceive dam ages by Hill and Isaac Quarles are ad led to the former order of Court, any two of the whole to perform the same. British Returns made This return was made & signed by Christopher Tompkins, John Cat- lett, & Isaac Quarles, which was ordered to be certified by the Court. Slaves, &c. The losses comprise slaves, cattle, Tobacco, silver spoons, &c., furniture, wearing apparel of every description with various other property, fully described in the respective sworn statements of the loosers which accom- pany this report. The persons claiming damages are as follows, together with amounts, viz: Reuben Sizer, £75, Samuel Bennett, £100, Walter Dugleas, £45, Wm. Toler, £146, John Hill, £11, 2s, Christopher Tomp- kins, £380, 16s, 3d, Thomas Nelson, £629, Geroud & Vial, £6,241, Alice Taylor, £75, 2s, Thomas Nelson, £4,546, 16s, 8d, Wm. Nelson, £761, 13s, Richard Sqr. Taylor, £74, 8s, John Nelson, £59, John Anderson, £30, 8s, Christo. Taliafaro, £5, Yancey Lipscomb, £100. CHARLES HAY, C. H. D. WILLIAM MORRISS TO THE GENERAL ASSEMBLY OF Va. Appointed A petition shewing that he was appointed by the Board of Trade in superinten- March, 1779, to superintend a ship yard established at Cumberland, on dent of ship- yard at Cum- York River, for the purposes of Commercial Department, that he con- tinued to act as such till March, 1780, when said ship yard was discon- berland Yard discon- tinued tinued; that he kept on his books a fair & just account of all his trans- actions during his service, of which he sends a true copy, showing a Balance in balance in his favor of £207, 9s, 81d, which he, nor any person for him, has received any compensation, though he had frequently applied to the Board of Trade. The State's Agent & the Commissary of Stores for that purpose. The account could not be settled for want of CALENDAR OF STATE PAPERS. 45 vouchers, which vouchers were destroyed by the Enemy as will appear 1789. from Certiffcates of J. Ambler, one of the Board of Trade, Benj'n Day, October 24th Account the State's agent, & others hereto annexed. He prays that the Assembly could not be will enact that this account be liquidated, and he receive such compen- sation as the case may require, and they in their great wisdom shall think just. Accompanying this petition are the certificates of J. Ambler, Benj'n Day, Robert Witchell, Boatswain of the ship yard, & Wm. Lucas, clerk of Ship yard. settled Certificates of J. Ambler and others Asks com- pensation HENRY LEE TO THE GOVERNOR. I have the honor to be sir, with real regard & respect, Your Exc'y's hum. Ser. Sir, I have the honor of your Exellency's let'r of the 2nd Sept. covering Richmond commissions for the officers of militia in the County of Westmoreland, Militia of Westmore- excepting in the case of Colo. Washington. By consent of Mr. Nelson land County did the Court recommend Col. Washington, in consideration of its Col. Wash- being highly agreeable to the militia, & because Col. Washington had ington's case lost his rank in the militia when he entered into the minute service. It is not necessary to enter into a minute explanation of Col. Washing- ton's pretensions, as the recommendation of the Court was done by the express consent of Mr. Nelson. October 25th DAVID PATTESON TO ROBERT GOODE. Stating that Sam'l Weisiger was appointed Flour Inspector on the recommendation of the Court, and acted as such last season, to the satisfaction of all concerned, as far as can be known. Mr. Weisiger failed to apply to the Court at the September Court just passed, for reappointment. He requests that Mr. Goode will make the necessary application now to the Executive as he is certain that Mr. Weisiger would have been continued had he made the proper application to the Court. This letter is accompanied by a certificate from David Patteson & James Harding, stating that Mr. Weisiger had discharged the duties of Flour Inspector last season for Manchester and its neighborhood & to the satisfaction of all concerned as far as they know. Nathaniel Wilkerson, Justice of the peace for Henrico, certifies that October 26th Walter Crocket, Lieut. of Montgomery County, made affidavit before Henrico Co. him that no monies arising from militia fines had ever come into his hands. Lieut. of Montgomery County in regard to money arising from Militia fines October 26th Manchester Flour in- spector for and its neighbor- hood 46 CALENDAR OF STATE PAPERS. 1789. Want rifles Dear Sir, Indians here; their expenses October 27th The white men who came with the Indians entreat you to Richmond reconsider the sum they have been out in bearing their own & the Indian Expences on their Journey. Perhaps an account stated might give some necessary Information. The safety of these poor people depends on the conduct of those who will go with them, & I really fear if their con-. ductors are not very attentive even the White people may do them an Injury. They complain of the necessity of getting fresh horses & that the Sum allowed will not replace what they have expended. I would wait on you this morning but am unwell. Pray be pleased to pardon the liberty I take, and believe me, October 28th October 29th I New York P. HENRY TO THE GOVERNOR. WM. McCLEERY TO THE GOVERNOR OF Va. Richmond States that the number of rangers ordered for the County of Monon- Rangers in galia by direction of Council in May last, had been considerably reduced Monongalia County in order to keep out more scouts than were ordered by the Council-the safety of the frontiers requiring it. He gives this information lest the Council should have difficulties in passing the accounts as they now stand, there being more scouts than were ordered, & requests the Gover- nor to lay it before the Council for their approbation. Scouts Sir, Dear Sir, Your aff'te Servant. The Indians will be much disappointed if they can't get Rifles. They are in the power of the white men who will give such impressions to their minds as their own Rewards may induce. October 29th Turner Southall a justice of the peace for Henrico County certifies Henrico Co. that he had administered to Cyrus Griffin the Oath prescribed by law to be taken by a Privy Counceller. ALEX'R HAMILTON, SECRETARY OF THE TREASURY, TO GOVERNOR BEVERLY RANDOLPH. Your letter by the last Post, without date, I have had the honor of receiving. I perceive that you had concluded to defer directing the ; ? CALENDAR OF STATE PAPERS. 47 amount of the State Debt to be furnished till a provision is made by the 1789. Legislature respecting funds for discharging it. Allow me to remark, October 29th Sir, that I am persuaded, for a variety of reasons, that the amount of the debt is the most material part of the information desired by the House of Representatives, and that in regard to Funds, it will be a com- plete answer to their enquiry to state those which do exist, if there are any, and if there are none, to state that there are none. Under this conviction, I beg leave to urge that your Excellency will have the goodness to direct that the amount of the Debt be immediately transmitted to this office, accompanied with such remarks respecting the other objects of the Resolution as the actual state of things shall suggest. I have the honor to be with perfect consideration, Your Excellency's Most Obedient and Humble Servant. Copy-Teste: Copy of the proceedings of Brunswick Co. Court againt Robin a October 31st negro man slave, charged with feloniously Robbing Bottom Steagall of a Brunswick Gun, & wounding him with a knife. County At a Court of Oyer & Terminer held for the County of Brunswick on Saturday, the 31st day of October, 1789, for the trial of Robin a Negro man Slave, the property of Humphrey Traylor of Dinwiddie County, charged with Feloniously Robbing Bottom Steagall of a Gun, & wounding him with a knife. Present; William Thornton, Benjamin Blick, James Harrison, John Justices who Stith, & Edward Birchell, Gentl. tried the case WILLIAM THORNTON. Am't of State debt to be fur- Prisoner The prisoner was led to the bar, & being arraigned, &c., &c., Plead Guilty, and for trial put himself upon God and Court. And on examin- ing the witnesses and considering the circumstance of the case, the arraigned Court are of opinion that the said Negro Man Slave, Robin, is guilty of Guilty the said offence, and do accordingly pronounce Judgment that he be Judgment banged by the Neck till he be Dead, Dead, Dead. And ordered pronounced that the Sheriff of this County cause Execution of this Sentence to be done on the Fifth day of December next, between the Hours of 12 and 2 of the Clock, of the same day; and thereupon the Court having taken into consideration the Value of the said Negro Man, Slave, Robin, do His value. accordingly value him to Sixty Pounds Current Money. To be hanged The minutes of these proceedings were signed, CHAS. B. JONES, D. C. B. C. On the trial of Robin, a Negro Man Slave, the property of Humphrey Traylor, at a court held for that purpose on the 31st day of October, nished the Treasury Dept. 48 CALENDAR OF STATE PAPERS. of Bottom Steagall 1789. 1789, Bottom Steagall of Lawful age, being sworn, Deposed & said that October 31st on the 4th day of August last, as he was Walking round and off Corí Testimony field of his, he discovered the said Robin in his field gathering & eating peaches, and on going up to him & questioning him, he said that he belonged to Col. Allen, but not being able to tell his overseer's name gave him reason to suspect he was a runaway, & ordered him to go before him to his house; the said Robin had a knife in his band pealing & cating of the Peaches, and after going about One hundred & fifty yards, they came near to a thickett of Bushes, when all of a sudden the said Robin turned about upon this Deponent and seized the gun which he had in his hand, and fell to cutting him with the knife till he had stabbed and cut him in about 12 places, and disspossed him of his Gun, and this Deponent further said that finding his gun was gone, he retreated back some distance, and that the said Robin pursued him and continued to stab him untill be had cut him in several other places, which last cuts occasioned the blood that had settled from the first wounds in the Lower part of his bosom to gush out in a large stream, when the said Robin dissisted and walked off with this deponent's gun; and this deponent further said that he supposed that the said Robin expected he had killed him or he would not have left him. Gun pro- duced in Court Whereupon the said gun being produced in Court, this Deponent further said that it was the Gun which tho said Robin took from him and that it was his property, and that it had been Robed of many of the Ornaments and very much disfigured since it was taken from him by the said Robin. And further this deponent said not. Certificate of I do hereby certify that the above appears to be a true state of the Clk. of Court Evidence and facts which were produced on the triall of Robin a Negro, Man Slave, the property of Humphrey Traylor, when he was condemned by the Court of Brunswick, Bottom Steagall being the only witness. Teste: CHAS. B. JONES, D. C. B. C. Brunswick County, October 31st, 1789. Certificate of I do hereby certify that at a called Court held for this county the Clk. of Court above date, that William Thornton, Benjamin Blick, James Harrison, John Stith, & Edwarg Buchett, Jr., were the Justices that sot and con- demned Robin, a Negro Man Slave, the property of Humphrey Traylor, for Feloniously Robbing Bottom Steagall of a Gun, & stabing him. Given under my hand, the day & Date above. CHAS. B. JONES, D. C. B. C. CALENDAR OF STATE PAPERS. 49 Brunswick County, October 31st, 1789. 1789. We, whose Names are hereunto annexed, sat on the thial of Robin, a October 31st Negro Man Slave, the property of Humphrey Traylor, when he was condemned for Feloniously Robbing and Stabing Bottom Steagall of the county of Brunswick of, and carrying away his Gun, and from prin- ciples of Humanity, do recommend him to his Excellency Beverly Randolph, Esquire, Governor of this State, as an object of Mercy. WILLIAM THORNTON, BENJ'N BLICK. In connection with this case is a letter from Wm. Barksdale to Col. Wm. Fontain, dated at Petersburg, December 1st, 1789, and is as fol- lows: Recom- mended to mercy Endorsement on back of the last written paper signed by Thornton Reprieved & Blick: "Negro reprieved Nov. 12, '89. Dear Sir, > I have your favor 29th ulto., accompanying a letter to my Care, sent by Mr. E. Harrison, directed to the Sherriff Brunswick for Robin's reprieve; I accordingly hired an express & sent up for fear of the letters miscarrying; the man has return'd, & brought the Sherrif's ret'n, & reports that its impossible the fellow can sur- vive until the time in which he is suspended for, say 1st Friday in next month. I did not suspect it was a Partial reprieve at the time I hired a man to carry it out; he says the fellow is Iron'd up against a wall, standing, bear of clothes, exposed to the cold, without fire, in a mancholy situation, as well as in very greate pain. There are holds boore threw the Loggs, & Iron bolts threw fastining the out side with a key. From this information you may judge the situation he must be in. He is almost reduced to a skelleton from the cruel treatment he gets from the gard. Humanity has taken its flite from the people of that county that are privy to the circumstances. Mr. Traylor is now here present, & says unless a reprieve can be Immediately got, the fel- low had better be hanged at once, as it will be easing him of a very tedious & lingering pain, which is more terrible than death. He says the fellow has perfully made his peace, as he was constantly praying while he was present, & desires to be hanged sooner than undergo the Torture of his present fate. Should the fellow be kept untill the time of his suspension, & should not dy within the time, Mr. Traylor says he cannot be worth within Twenty pounds of the prise he was to give. The fellow must be inevitably frost bitt, should nothing else befall him. These things considered, there had better be something done decisive. Traylor has agreed either to pay the money which he was to give, or 7. 50 CALENDAR OF STATE PAPERS. 1789. take the certificate if the fate of the fellow can be determined in the October 31st course of a few days, before he receives further injury. Steagall, the man that took the boy up, swears he will put him to death on his being relieved, being determined he shall lose his life. I am Yr. Mt. Hl. Sr. No date or place; sup- posed to be in October MEMORIAL FROM JOHN B. SMITH & RO. LAWSON TO THE GOVERNOR, AND MEMBERS OF THE COUNCIL, IN BEHALF OF HAMPDEN SYDNEY COLLEGE. Gentlemen, As you are not less distinguished for your abilities & taste in polite learning than for your high rank in the state, we are en- couraged to address you in behalf of the College of Hampden Sydney. Supported It has been instituted and carried on to a considerable degree of useful- by donations from indi- ness by the generous donations of individuals, neither connected by particular favour nor interest. From the same benevolent source alone, we derive a supply to answer the various exigences which arise in such an institution. As we are now engaged in building a Common Hall for the public academical exercise of the students, and have no funds for Solicit aid defraying the expence, we are obliged to solicit aid from the Patrons of viduals Building a common hall No funds Science for this purpose. Our principal design in the erection of this building is to promote the useful & ornamental practice of speaking with ease in public. And as your experience in the business of the State undoubtedly convinces you Gentlemen of the importance of an early habit and address in oratory, we presume you will cheerfully en- courage any useful plan for the Cultivation of it in this Government. And as the public periodical exhibition of the Students at the College have been attended with the best effects this way, though they have laboured under many disadvantages for the want of a proper building for the purpose, we flatter ourselves that you will grant us such assist- ance as you may judge to be convenient, & necessary upon the present occasion. We are Gentlemen, Your very humble Servts. October Benjamin Harrison, County Lieut. of Rockingham, reporting the Rockingham strength of the Militia, to be 909, foot & cavalry, in October, 1789. County militia October JOHN EVANS, COUNTY IAEUT., TO GOVERNOR BEVERLY RANDOLPH. Monongalia Reporting the strength of the militia of Monongalia County to be. County 1 County Lt., 1 Colonel, 1 Lieut. Col., 1 Major, 10 Captains, 10 Lieu- tenants, 10 Ensigns, 600 rank and file, Total 634. militia CALENDAR OF STATE PAPERS. 51 BENJAMIN JOHNSON, L. COL. ORANGE MILITIA, TO GOVERNOR BEVERLY RANDOLPH. Reporting the strength of the Militia of Orange County to be 1 Regi- ment, 12 Companies, 1 Licut. Col., 1 Major, 6 Captains, 11 Lieuts, 10 Ensigns, 28 Sergeants, 3 Corporals, 2 Drummers, 2 Fifers, and 731 Pri- vates. The County Court of Amelia, October, 1789, appointed Francis Ander- son, Jr., Ensign., Archer Johnson, Jr., Ensign, Jacob Roberts, to be Cap- tain, Parham Booker to be Lieut., Pinkish Booker, to be Ensign, Grief Talley, to be Captain, Matthew Wills, to be Lieut., William Cousins, to be Ensign, Edward Wilkerson, to be Captain, Joel Jackson, to be Lieut., and Crofford Anderson, to be Ensign. MAJOR E. LANGHAM TO GOVR. BEVERLY RANDOLPH. 1789. I judge it will cost £160 to get the powder and lead delivered at red- stone, therefore would be glad to receive pr. bearer £80 for the purpose October This report seems to be in the hand writing of Edmund Randolph, one of the compilers appointed by the General Assembly in Oct., 1789, Compilers with Messrs. Mercer, Tazewell, Prentis and Tucker for the purpose of making a new edition of the laws of this Commonwealth, with a distri- New edition of state laws bution of the work to be performed among the said gentlemen, and con- tains some letters from him to the parties named on this subject, and also memoranda of the work in hand copied from the Acts of Assembly. 7 October Orange Co. militia October Amelia Co. militia Sir, saw nation I rec'd yours yesterday respecting ammunition, &c., for the Indian Chief of the Chicasaw Nation, all of which shall be complied with as speedily as possible. It will not be possible to get waggons in this Ammunition neighborhood for the purpose of carrying the Lead, I must therefore for Chicka- send to M'tgomery and have waggons engaged to Carry the Lead to Winchester, or shou'd there be a nigher rout to redstone, they shall be engaged to deliver it there. I can make out to get waggons in this neighborhood to carry the powder to Winchester & must go that far my- self to engage the carriage to redstone. I judge it is at least as far from McGavok's to redstone as from this place. Novem. 2d Point of Fork Cost of carrying 52 CALENDAR OF STATE PAPERS. 1789. of executing the business,, and the balance, whatever it may be, may re- Novem. 2d main untill the work is completed. You will find by my last accot. of Cash expended, that there remains in my hands only £10, 15s, 9d, which will answer no purpose in this business. I shall pay every attention necessary to the Indians & dispatch them as early as possible. Novem. 3d The chier's The Chief, Peoming, has this morn'g made application for about 40 application Gallons of rum to serve them on their route down the Ohio. He says for rum New York Novem 3d. WM. DAVIES TO GOVNR. BEVERLY RANDOLPH. In which he states that he has just rec'd the Governor's letter of the 23d ultimo. He begs to refer him to three former letters, and in addition Genl. Clark requests to have forwarded to him the accounts and letters of General Clark & others relative to his Shawnese Expedition. He thinks that expedition from all he learn in regard to the settlement of the claims of other states, and others Shawnese he can, with these papers, accomplish a credit to the State for their amount, & solicits the aid of the Governor in procuring them for him. His last letter was on the subject of money and says that at present he is in real distress. Washington Co. Militia laws two fre- quently altered I have the honor to be, Militia returns Your Excellency's mo. Hble. Servt. that he quite forgot to apply to you, but wishes me to do it in his behalf. Your orders on this occasion shall be obeyed, and furnished if you choose, if at all, by yr. contract. ARTHUR CAMPBELL TO GOV. BEVERLY RANDOLPH. Enclosing a Return of the militia of Washington County for Octo., 1789. States that it is very imperfect by reason of neglect of officers commanding companies. Thinks that the frequent altering of the militia law has a pernicious tendency. In October, 1788, the Court Martial was strict & fined a number of officers. The law of last year was considered as a privilege to have a rehearing, and at the last Court Mar- tial all the fines of the officers were remitted Except one. Is doubtful of their powers and requests the Governor's commands on this subject. The. remainder of the fines, which amounts to upwards of £20, is not yet collected, tho' the Sheriff answer him he has made every effort in his power. The Militia Return is. 1 county Lieut., 1 Col., 1 Lt. Col., 1 Major, 15 Captains, 13 Lieutenants, 11 Ensigns, 30 Sergeants, 3 Drummers, 2 Fifers-675 Rank & file, adding in the Remarks "no Returns from three companies, nor of the Arms, Ammunition, Dead or Removed." CALENDAR OF STATE PAPERS. 53 SAM'L COLEMAN TO THE GOVERNOR. 1789. · Reports that Ohio & Nelson Counties have made militia Returns, but Novem. 3d Militia made no distinction between officers and privates, so send no return of returns their arms, accoutrements, & ammunition. Monongalia Co. makes this Ohio, Nelson distinction, & goes no farther. Hanover return is in form; states that and Monon- galia he has rec'd a letter from County Lieut. of Goochland, saying that Goochland Judgment had been obtained against the sheriff, for amount of fines put into his hands for Collection. The sheriff has appealed, & County Lt. requests to know what further steps to take. Botetourt returns are made in due form for the year 1788 & 1789. Botetourt Affidavits tending to the excuse of the County Lieut. of Botetourt for not making returns for 1788 sooner, are received; has rec'd an affidavit proving that the County Lieutenant of Montgomery hath received no Montgomery fines. The County Lieut. of Campbell has resigned. The Colonel of Col. of Ohio Ohio has resigned. Lincoln return of Militia deficient in Form; says Lincoln Co. that pursuant to a letter from County Lieut. of Westmoreland, commis- Westmore- sions have issued to Wm. A. Washington, as Colonel, & to Wm. Nelson, as Lt. Col. of Militia for that County. A letter from the County Lt. Washington of Hamshire, on the subject of a Lt. Col's. Commission to a Mr. Fox, Hamshire is withheld for the resignation of Major McGuire. Return of Militia from Chesterfield is in due form; the County Lieut. has resigned, & Chesterfield made affidavit that no fines have come into his hands. The above & foregoing are since last Report. land Wm. A. Wm. Nelson Clerk of Court Martial, Louisa Co., certifying fines assessed against Novem. 3d Thos. Anderson, Benjn. B. Hope, & L. Pullam. Louisa militia H. BROOKE, CLERK OF FAUQUIER CO. COURT, TO THE Governor. Novem. 3d Enclosing a copy of the order of the Court for September, 1789, in Fauquier Co. which he is ordered to apply to the Executive for a Proclamation, directing the Court of said County to be holden at the house of Thomas Maddux, in said County, until the building in which the Court was. formerly held, is repaired or rebuilt. He states that the Court was induced to make the order, because the present Courthouse was unfit to do business in, occasioned by decay. It is so much out of repair, that it will not keep out the rain, & does not think it safe to be in it, in any thing of a wind, as the roof is almost entirely rotten. 54 CALENDAR OF STATE PAPERS. 1789. EDWARD BOOKER, COUNTY LIEUTENANT, TO GOVERNOR BEVERLY RAN- DOLPH. Novem. 3d Return of the Militia of Amelia Co. for 1789, viz: 1 County Lieut.. Amelia Co. 1 Colonel, 1 Lt. Col., 1 Major, 7 Captains, 8 Lieutenants, 6 Ensigns, 20 militia Sergeants, 472 Effective. Novem. 4th Point of Sir, Fork E. LANGHAM TO GOV. BEVERLY RANDOLPH. wishes to change his route Piomingo, the Chickasaw Chief, wishes to change his rout by Piomingo way of Holston, instead of redstone. He observes that the talk he had with you, he wishes not to violate in the smallest Instance, yet he con- ceives that if it is his choice to have the ammunition delivered at the long Islands of Holston, or thereabouts, provided it will not be more expensive to the State, that you will have no objection. He observes that he is fearful the river Ohio will be frozen up, before he can possibly be prepared to go down, & in that case he will be in a bad situation; That on Holston, a number of families are making ready to go down, and that if he can have his stores there time enough to ac- company them, he can go down safe. If he is not time enough for those families, that he can send a small part of his ammunition with orders for a Guard to come to him for the safe conveyance of the remainder of his ammunition down the Tanesee river. My orders is to deliver the stores at redstone, & must do so unless ordered to the con- trary. I'am so sure that you will not object to the rout, that the Chief proposes, that I venture to set out the powder that way on Saturday. morning next, knowing that the expense to the State will thereby be considerably lessened, as from Magafocks to the long Island of Holston is not more than 120 miles, and to redstone would be 380 miles. I shall wait your orders on this head, & so soon as I receive them, shall proceed on, either to deliver the stores ordered at the long Islands, or to turn the powder to redstone, & engage the carriage of the lead to the same place. The chief further observes that even should he be detain'd the winter, it will be better for him to be on Holston, where he is acquainted with Capt. King & other friendly families, than at redstone, where he is a stranger; provided you consent for him to change his route, he wishes to give up the letter that he has to Mr. Kean of Winchester, & that you will authorize me to furnish him with the rifles by purchase, or to agree with Capt. King of Holston to furnish them. I have the honor to be I rec'd the money pr. Mr. McDonald. waggon sets out with the powder. Your mo. ob't Servt. To-morrow morning the CALENDAR OF STATE PAPERS. 55 COL. FRANCIS GOODE TO Gov. BEVERLY RANDOLPH. 1789. Stating that he resigns his commission in the Militia, his business Novem. 4th putting it out of his power to attend to it. Chesterfield Resigning his commis- sion in the militia L. WOOD, PUBLIC SOLICITOR to GovR. BEVERLY RANDOLPH. This Letter is in reply to one received from the Governor, to whom Richmond Robert Teare complains that L. Wood refused to receive payment from him for his Bonds. He acknowledges that Mr. Teare offered payment, but the bonds had not come into his possession at that time, and he declined to receive his warrants as a public officer or as an individual. He refers the matter to the discretion of the Executive to determine the propriety of demanding or remitting the Interest. Novem. 5th MR. OSTER, VICE-CONSUL OF FRANCE, TO GOVERNOR BEVERLY RANDOLPH. Novem. 5th This correspondence is in French, and in the interest of Mr. Chaumont & other Frenchmen who have claims against the State of Virginia desir- ing a settlement. Norfolk French claimants against the state ED. HARWOOD, COUNTY LIEUT. OF WARWICK, TO GOVERNOR BEVERLY Novem. 6th RANDOLPH. Militia Stating that he will be able to send a return of the strength of the Warwick Co. militia after the 20th inst., that being General Muster day. In the mean- time he recommends Wm. Digges, Jr., Wm. Allen, Jr., & Humphrey Harwood, as proper men to serve as Cavalry officers for this County, CHARLES HAY, CLERK OF THE HOUSE OF DELEGATES. Resolution requesting the Executive to have printed the usual number of copies of the Laws & resolutions of a public nature of the present Session with all possible dispatcb, that the members may be Enabled to carry to each county its respective proportion; and that the Executive make such allowance for printing the same out of the salary of the pub- Public print- lic printer as they shall think reasonable: provided the public printer cannot satisfy the Executive that he can perform the business himself. ing Agreed to by the Senate Nov. 12th, 1789, & certified by H. Brooke, C. S. Novem. 7th 56 CALENDAR OF STATE PAPERS. 1789. L. WOOD, PUBLIC SOLICITOR, TO GOV. BEVERLY RANDOLPH, Novem. 7th Informing the Governor that he had continued the motions against Richmond the following County Lieutenants for not making returns of militia & not accounting for Fines, to the Ensueing court, and wishes to be in- against structed whether to prosecute or dismiss them, viz: Wm. Bowyer, of lieutenants Augusta Co., not making return of militia and not accounting for Fines; Motions county James Pendleton, of Culpeper, for same; John Fitzgerald, of Fairfax, for same; John Wilson, of Pittsylvanin, for same; David Mason, of Sus- sex, for same; George Hillern, of Botetourt, for not making return of Militia; Thomas Edmunds & Thos. Claiborne, of Brunswick, for same; George Thompson, of Fluvanna, for same; William Ward, of Greenbrier, for same; George Hairston, of Henry, for same; Nathaniel Burwell, of James City, for same; Francis Payton, of Loudoun, for same; Henry Walker, of Mecklenburg, for same; Thos. Gaskins, of Northumb'd, for same; Edmund Ruffin, of Prince George, for same; John Blackwell, of Fauquier, not accounting for fines; John Skinner, of King George, for same; Thomas Mathews, of Norfolk, for same; John Bowyer, of Rock- bridge, for same; Edwd. Harwood, of Warwick, for same; Thomas Posey, of Spottsylvania, for same. Novem. 7th No place given Novem. 9th WILL. DAN. CLAIBORNE To Gov. BEVERLY RANDOlph. Declining to serve as sheriff of King William Co. longer; and asks that another appointment take place. COL. WM. DAVIES TO GOV. BEVERLY RANDOLPH. New York States that he omitted to mention in his last letter that the return of Pensioners Pensioners, which he delivered last Spring to the Secretary of War, and which he says he sent to the late Board of Treasury, cannot now be found. He does not think that it will make any immediate difference, as the new Auditor has but lately arrived, and there can be no con- jecture when he will be able to attend to this part of the business, as he has not only his share of the new accounts, and all the old of the Treas- ury Dept. to adjust, but also all the accounts of the five great Depart- ments that were left by the late Commissioners Burrall & Walker are to undergo his examination & decision. In regard to the subject of charged by milage, he states that Massachusetts has charged it to Camp for every Mileage setts recruit, and it is not rejected as yet, by the Commissioner of Army accounts. This charge seems never to have been thought of in Vir- ginia. Says that Mr. Beckley's early return to New York, will afford • • CALENDAR OF STATE PAPERS. 57 1789. a safe opportunity of sending the papers that have been collected; say that he will have to buy a set of the Journals of Congress, which will Novem. 9th be returned to the Executive, when he has finished using them. He well remembers that milage was allowed the troops in 1777, at settle- ments he saw made at the army, but thought the allowance had been repealed. The allowance is in addition to the pay; the same to soldier & officer. It is a penny of Virginia currency a mile, and 20 miles is estimated a day's march; making the milage & pr. day, being more than a 항 ​soldier's, and less than an officer's daily pay. The fact is the milage has no relation at all to the pay. Same to officers and soldiers The collectors of vouchers would do well to obtain from the General, Field, or Commanding officers of Companies, certificates of the places where their several Corps joined the Headquarters of the Southern Army, and where they left it, as the distance which numbers of the Militia marched to the Southward, renders the charge a matter of con- sequence. These enquiries he says, can be made in every county, in respect to every tour throughout the war. It is a matter of regret, that this matter has not received Earlier attention. Gen'l Stevens, Col. Mason, Col. Burwel, & several members of assembly can give infor- mation on this subject. Mr. Yarbrough's particular attention should be directed to this object, as he thinks that the troops who marched to join Gen'l Lincoln in South Carolina, went entirely from the south side of Genl. Lin- James River, & Chiefly from the district assigned to him, the distances found on the attendance books of the asssembly, will be of much use. coln The President of the United States, it is supposed is now on the return from New Hamshire. The Comptroller arrived yesterday. W. H. MACON, COUNTY LIEUT. OF NEW KENT Co., GENERAL RETURN Novem. 9th OF MILITIA & Arms, &c. militia County Lt., Col., Lt. Col., Major, 5 Captains, viz: Nathaniel Wilken New Kent son, Stanhope Vaugne, George Ball, George Wilkenson, Wm. Chamber- layne, Lieut. William Hockaday, 6 Lieuts., 3 Ensigns, 18 Sargeants— 303 Rank & file. No other names given. ANTHONY STREET, COUNTY LIEUT., TO GOVERNOR BEVERLY RANDOLPH. Novem. 9th Co. Enclosing four recommendations, no names given, for officers of Militia Lunenburg for Lunenburg County, also General return of Militia for the year 1789, viz: 1 Regt., 1 County Lt., 1 Col., 1 Lt. Col., 16 Capts., 16 Lieuts, 16 Militia re- Ensigns, 14 Sergeants, 9 Drum's & Fif'rs, 686 Effective. turns 8 58 CALENDAR OF STATE PAPERS. 1789. HARRY HETH TO THE EXECUTIVE. Novem. 9th Account Sales of 39 Hhds. Tobacco rec'd from Matthew Anderson by Richmond order of the Hon'l the Executive: Sold to Alexander McCauley, 39 Hhd., at Ware, 39,456lbs @ 16s, £315, 12s, 10d. Payl. 20 Dec'r & 20 Jan'ry, Specie. Sales of tobacco Novem. 9th STATEMENT OF HARRY HETH. Richmond Being Transcript from Sales of 181 Hhds. Public Tobacco from Oct. Sales of pub- 7th to Nov. 9th 1789-inclusive wgt., 184,048lbs, prices ranging from 16s lic tobacco to 20s per fb, amounting to £1,632, 12s, 74d, and sold to Robert Goodo, Alex. McCauley, Jas Brown, Ben. Harrison, Loll & Higbee, Benedict Crump, John Swann, John Hopkins, Robert Page & Cash, Novem. 10th PETITION TO THE GOVERNOR & COUNCIL OF VIRGINIA, FROM NUMEROUS CITIZENS OF GOOCHLAND COUNTY. Goochland Setting forth that Heth Jones Miller had been nominated by the County County Court for Captain of the company of Militia, lately commanded. Captain of by Capt. Thomas Royster, who has resigned his commission. That the militia com. said court was not a full bench for business, being composed of but five Not a full bench members; that the said Heth Jones Miller does not reside in the Dis- Does not re-trict of which the said company is composed, and pray that notwith- side in the district be not allowed to qualify standing the said Miller has received his commission, the Executive will Pray that he direct the said court not to allow him to qualify, but proceed, a majority of the Court being present, to nominate some fit person residing in the District for the position. The certificate of Wm. Miller, D. C. of the court accompanies. this petition, stating that on the day the recommendation of Miller for the commission took place, it was after all the other business of the day was over, say between 4 and 5 o'clock, and after the Justices, or a major portion of them had left the bench; so that only four Justices sat & nominated H. J. Miller. The sheriff was ordered to call in members of the bench, but none came. November Henrico Henrico County Court, upon application & complaint of the sheriff that a jail be assigned him, as the present jail of the County is in the possession & use of the Jailor of the Richmond District Court. It is ordered that Nathaniel Wilkinson & Miles Selden be appointed to wait on the Executive, respecting this application, that the difficulties attend- ing the same may be removed. CALENDAR OF STATE PAPERS. 59 STOTT & DONALDSON TO Gov. RANDOLPH. Stating that his letter of the 9th, was received, advising that they might receive £49, 17s, current money, on account of Col. Wm. Davies, & request that the amount be paid upon the application of Wm. Mitchell of Richmond, who will grant the necessary receipts. Sir, NEW KENT COUNTY COURT TO THE GOVERNOR. William Hockady, & William Foster to be Captains, Joséph Wood- Novem. 12th New Kent ward & Thos. Howle, to be Lieutenants, James Williams, William County Militia Bailey, Thomas Ratcliff, and George Meux, to be Ensigns in the Militia. officers J. PENDLETON TO THE GOVERNOR. Audr's office 12 Nov., 1789. 1789. Your Excellency's most obt. Servt. Novem. 12th Petersburg Asking that their claim be paid to Ŵm. Mitchell Novem. 12th No place given soldiers I have received an order of Council, directing me to furnish an Donations to account of the donations given by this state to the officers & soldiers of officers and the Virginia line on Continental Establishment, and beg leave to inform your Excellency that there is no particular amount on the Auditor's books of Donations to the army. They are carried into account along with the advances, Expenditures, pay & supplies, & charged under the general head of Army, and therefore an account of the donations w'ch have been paid, can only be made up by selecting those charges from the auditor's Journals from '79 to 89. The Commissioner for adjusting the Continental account is possessed of all the day-books belonging to this office, and from the establishment of the board, up to the 1st Jan- uary '89; and as all the donations which have been paid at the public Treasury, on warrants from the Board of Auditor's, must appear on the day-books which I have said are in the hands of the Commiss'nr, I presume Sir, he may with equal facility & more propriety raise the ac- count himself. It is the duty of the Comm'r to select & bring forward, and not the business of the Auditor to furnish, such charges as ought to be introduced into this State's account against the U'd States; and with respect to the donations, I suppose it would be necessary to ex- amine the Laws & Reso's of Assembly from the commencement to the close of the war, in order to ascertain the donations which have been allowed by the Legislature of Virginia. I have the honor to be, Under gen- eral head of Army The com- missioner has the books Commis- sioner to at- business, not the auditor's tend to this 60 CALENDAR OF STATE PAPERS. 1789. GEORGE JACKSON TO GENL. JAMES WOOD. Novem. 12th Stating that he incloses Col. Job Welton's receipts from the different Richmond officers of Monongalia, Harrison, & Randolph Counties for Arms, powder, Arms & am- lead & flints; that there is a balance wanting of what Col. Welton receipted for to Mr. Langham, & sends a copy of Col. Welton's letter to him to make the matter clearer, in which he says the powder was sent in insufficient barrels to cross the mountains, and he had been informed by the waggoners that a good deal of it was lost. The loss on the lead cannot be accounted for. He will afford the Executive any further in- formation in regard to this matter with pleasure, & hopes to receive a call out of the House if such information is desired. munition for Monongalia, Harrison and Ran- dolph Cos. Powder lost Lead lost Novem. 12th Fayette Co., Ky. JOHN KING TO GOVR. BEVERLY RANDOLPH. Stating that he encloses medical certificate in regard to his wound, and asks the Governor to lay his case before the Assembly, that he may Wants a pen- be put in a way to get something to make amends for the pain he has suffered & still suffers for the sake of his country. sion Pension Dr. Slater's certificate Fayette County, Nov. court, certifies that John King, duly proved, that on the 15th day of March, 1781, he was a private soldier in a com- pany commanded by Capt. Nathaniel Cunningham, in a regiment com- manded by Col. Nathaniel Cocke, which then was part of a Brigade com- manded by Genl. Edward Stevens; that on the day aforesaid, at Guil- ford Court House, he received a musket ball in the upper part of his thigh, by which he is considerably disabled; that he was at that time a citizen of this Commonwealth, & in the service of this State. Where- upon, Doctor John Tom. Slater was ordered to examine his wound, & certify to the Executive, ascertaining the several degrees of disability occasioned thereby, in order that he may receive a pension in proportion thereto. Dr. John Tom's Slater's certificate accompanies these papers, dated Fayette County, Kentucky, Lexington, April 15, 1789, stating that he had Examined the wound of Jno. King; there was a large formation of matter in the thigh in consequence of a wound by a ball, which pene- trated the limb, that he was disabled thereby for five months, & has to the present time experienced great weakness in the part affected, with a general debility, which appears impossible to be entirely removed. Dr. Fou- W. Foushee certifies that the patient is about 28 years of age; that a shee's certifi- ball has passed through his thigh & groin, near the neck of the thigh bone; that there can be no doubt, but a considerable degree of disability to support himself, by hard labor only exists. cate CALENDAR OF STATE PAPERS. 61 1789. Thos. Ridley certifying that Benjamin Blurt County Lieutenant of Southampton, this day made oath before him that he has received no Novem. 13th money by virtue of his office for militia fines for the years 1788, & 1789. Southamp- ton County Trial & conviction of George, negro man slave, of Alexander Glass Novem. 14th Strachan of Petersburg, for Felony; His sentence to be hanged, and Petersburg Petition of the Court, & other citizens for his pardon. At a Court of Oyer & Terminer held for the town of Petersburg, at the house of James Bromley, heretofore called John Hares, in the said town of Petersburg, Nov. 14, 1789, for the trial of the said negro George. Present: Simon Fraser, Esquire, mayor; Joseph Westmore, Esquire, Recorder; Samuel Davies, Thomas G. Peachy, James Corran, Gentle- men, Aldermen.· Court Indictment Richard Gregory, Deputy attorney in the Court of the town of Deputy Petersburg for the Commonwealth, gives the Court to understand and attorney's be informed that George, a negro slave, the property of Alexander Glass Strachan of the said town, not having the fear of God before his eyes, but being instigated by the devill, sometime on or about the six- teenth day of October, in the present year of our Lord, One Thousand seven hundred & Eighty-nine, and within the jurisdiction of the said Town, Did break and enter the Warehouse of Messrs. Kellock & Morri- Break and son, with force and Arms, and the following Goods and Chattels, being the proper Goods and Chattels of the said Kellock & Morrison, to-wit: two pieces of sheeting, a piece of brown sheeting, three pieces of blue balf-thicks, a piece of Green half-thicks, and sundry other goods to the value of Twenty pounds, Feloniously did Steal, take, and carry away, Contrary to the Act of Assembly in that case made and provided; and against the peace and Dignity of the Commonwealth, wherefore he prays Judgment against the said George, &c. enter. bar Whereupon the said George was led to the Barr in custody of Robert Led to the Armistead, Gentleman, Sargeant of this Town, to whose custody for the cause aforesaid, he was committed, and being arraigned of the premises, he said he was in nowise thereof Guilty, and for his Trial, Pleaded not according to the Act of the General Assembly in such case made, he put himself upon the Court. guilty Sworn Whereupon divers witnesses were sworn and examined, and the said Witnesses George heard in his own defence. On consideration whereof, It is the unanimous opinion of the Court that the said George is guilty of the Felony aforesaid in manner and form as in the Information against him is alledged, and thereupon it being demanded of him if any thing for himself he had, or knew to say why the court here to Judgment and Execution against him of, and upon the premises should not proceed; he said he had nothing but what he had before said; therefore it is con- sidered by the Court that he be hanged by the neck untill he is dead, Goods Opinion of the Court Guilty Asked if he had any- thing more to say 62 CALENDAR OF STATE PAPERS. 1789. and it is commanded the Sergeant that he cause Execution of this judg- Novem, 14th ment to be done on Saturday, the Nineteenth day of December next, at the usual place of Execution. To be The court also valued him to sixty-five pounds, Current money. The minutes of these proceedings were signed, SIMON FRASER, Mayor. A true Copy. J. GRAMMER, C. C. hanged His value To His Excellency Beverly Randolph, Esq. Petition for The petition of the Magistrates composing the Court, for the tryal of the Court George on suspicion of Felony, Respectfully sheweth: That circum- stances inclining to mercy appearing to the Court in the course of his trial, they cannot refrain, having neglected to make the usual entry recom- mendation to mercy on their minutes, praying of their own mere motion, that your Excellency will spare the life of the said George, his condem- nation being founded on a confession produced perhaps by a promise of mercy, when a greater villian, more guarded as is the opinion of the subscribers, escaped the punishment due his crimes, & who no evidence could convict, George being charged as principal in the felony. SIMON FRASER. JOS. WESTMORE, Recorder, SAML. DAVIES, Ald'n, T. G. PEACHY. JAMES CORRAN. Petition from Citizens Signers Novem. 14th The subscribers Humbly beg leave to add their solicitations to that of the Court, in praying your Excellency to spare the Life of the crimi- nal George, whom they are told was alone convicted by his own con- fession, and as they believe this to have been the first offence be has been guilty of to affect his Life: Robert Turnbull, Will Cole, Rich'd Swepson, Robert Torrence, Wm. Barksdale, John Stuart, Arch. Gracie, W. Knox, Mason Stott, Daniel Staniford, John W. Shuter, Willson Stevenson, William Douglass, James Dunlop, Robt. Barber, Christ'r McConnus, George Torrance, Isaac Hall, J. Grammer, Thos. Shore, Richard Jones, William Robertson, Patrick White, Conway Whittle, Daniel Dodson, Wm. Stabler, Samuel Hough. C SAMUEL PAYNE TO THE GOVERNOR IN COUNCIL. 10% Sir, Richmond I take the liberty to inclose my acco't, for bringing the two pris- 2 prisoners oners from Boston, which I hope will be thought reasonable, particularly considering that we were oblig'd to appropriate a room on purpose, and were at a considerable expence in securing them. from Boston I am your very H'ble Servt. CALENDAR OF STATE PAPERS. 63 Garrett Minor County Lieut. of Louisa, sending a General Return of the Regiment of Militia in the County of Louisa. 1 Col., 1 Lt. Col., 1 major, 12 Captains, 11 Lieutenants, 12 Ensigns, 29 Sergeants, 3 Drummers, 4 Fifers, 632 Rank & file; also 5 Swords, 11 Muskets, 71 Guns, 1 Bayonet. COL. WM. DAVIES TO GOVR. BEVERLY RANDOLPH. Your Excellency's most obed. Servt. Mr. Dunscomb obtained from the Audr's office all the accounts & vouchers which have been settled, relating to the departments men- tioned in this letter. Audr's office, 2 Dec., '89. J. PENDLETON. Sir, I hope your Excellency will excuse the trouble I have occasion frequently to give you, but I find such deficiency on examining the papers delivered to Mr. Winder, that I am obliged to have recourse to your assistance. Having my attention principally directed to the specific claims, previons to Mr. Winder's departure, I had no oppor- tunity of investigating those which were said to have been presented. I find however, that the accounts of stores furnished for public purposes from the public rope walk, the public tannery, the laboratory, hospital, and some other departments, are not here. The gentlemen who directed Accounts of in these departments as usual, have, I suppose, settled with the Auditors public stores for their disbursements of money, but of their application & distribution of stores, I can find no accounts among the papers here. I shall there- fore feel myself much indebted to your Excellency, if you will direct an inquiry to be made in the offices for the settlements of the store's ac- counts made by the departments before specified. Col. Lynch last year promised me an account of the lead furnished from the mines, as most of the papers respecting it were destroyed. He has not as yet com- plied with his promise; perhaps an application from the Executive would produce the desired effect. not here I am very respectfully, ROBERT PORTERFIELD TO Gov. BEVERLY RANDOLPH. 1789. Novem. 15th Militia returns ! Novem. 16th New York Deficiency in papers Novem. 17th I received a letter from Colol. Davies, dated at Richmond, 27th Augusta Co. August, instructing me to transmit your Excellency such papers as I might in future collect, to be forwarded on to him at New York. Pre- 64 CALENDAR OF STATE PAPERS. Col. Davies 1789. vious to the receipt of which, (early in Septr,.) I sent on such documents Novem. 17th as I then had in possession, by a Mr. Edwards, Inspector at Manchester. Papers to be They were vouchers of considerable value, and as its probable Mr. forwarded to Davies had left Rich'd before Mr. Edw'ds had an opp'y of handing them, at New York you may perhaps think it proper to have enquiry made thro' what channel they were sent on. You will receive by the hand of Alexan- der St.Clair, Esqr. a small bag containing the bulk of papers which may Sent bulk of be expected from district No. 8. There are still some remaining, which shall be forwarded so soon as in my power to have them authenticated. Sent some by Mr. Edwards papers by Alex. St. Clair Papers regarding supplies des- troyed by County Lt. of Rock- bridge Novem. 17th Auditor's office I have taken every step which I thou't most likely to gain the informa- tion required, and altho' succeeded better than expected at first seting out, have met with much embarrassment owing to a degree of diffidence in some, & negligence in others. I mentioned in a letter to Colol. Davies among many other reasons, why information cou'd not be obtained, that the County Lieutenant of Rockbridge had destroyed all his papers which related to supplies in time of war, but believe he will certify in a general way, "That all lawful requisitions on the County for men, money, &c., were comply'd with." He is now in Richmond. I must beg leave to observe that the sum advanc'd has prov'd inadequate to the necessary expences attend ing the business in this district, which I will undertake to say is not less from its Northern to Southern Extremities than 300 miles, & crossing it not less than 200. Mr. Johnston who collected the papers in the south- western Counties, has kept an accurate acco't of distance & money ex- pended. I have done so in this quarter; I wish to know when the business is finished; whether its necessary that I waite on the Hon'l The Executive for a settlement or not. If there are any further instructions in this business, they shall be attended to. I am with due respect, Your Excellencie's ob. Servant. J. PENDLETON, AUDITOR, TO The Governor. Sir, I have the honor to enclose the statement required by an order of Council of the 12th instant. I could wish it were practicable to ascer- Certificates tain the amount of outstanding Cert's for Militia service & warrants Militia ser- for supplies to the army, but the former having been entered very vice & war- rants for irregularly, & such of the latter as were issued by the Comm'rs Jones & for supplies Carrington, not being entered on the Auditor's books, I find it impossi- ble to come at the amount. If the Executive should think it proper to form of the enclosed abstract, I hope they make any alteration in the will suggest it to Your Excellency's Most ob. Serv't. 酞 ​CALENDAR OF STATE PAPERS. 65 1789. CHARLES HAY, CLK. HOUSE OF DELEGATES. Certifies that the House proceeded on this day by joint ballot with the Senate, to the choice of a Judge of the Court of Appeals, in room of John Blair, Esq., resigned. The Committee to meet the House Com- mittee were Mr. Benjamin Harrison, Mr. Henry Lee, Mr. Edmund Harrison, Mr. Hopkins, Mr. Taliaferro, Mr. Preston, Mr. James Wilkin- son, Mr. Dawley, and Mr. Roger West. They returned to the Senate, and reported a majority of votes in favor of the Honorable James Mercer, Esquire. H. BROOKE, CLK. SENATE.-COPY OF EXTRACT FROM THE Journal. The House, according to the order of the day, proceeded by Joint Novem. 18th ballot with the House of Delegates, to the choice of a Judge of the Court of Appeals, in the room of John Blair, Esquire, who hath re- signed. The members having prepared ballots with the name of the person to be appointed, & deposited the same in the ballot boxes. Mr. Election of a Judge of the Carter, Mr. Southall, Mr. Anderson, & Mr. Jones, were nominated a Court of Committee to meet a Committee from the House of Delegates, in the Appeals in Conference Chamber, & Jointly with them to Examine the ballot boxes, place of Jno. Blair, & report to the House on whom the majority of votes should fall. The resigned Committee then withdrew, and after some time returned into the House, and reported that they had according to order, met a Committee from the House of Delegates, in the Conference Chamber, & jointly with them examined the ballot boxes, and found a majority of votes in favor Jas. Mercer of James Mercer, Esquire. chosen In the House of Senators Novem. 18th In the House of Delegates House com- mittee on same CHAS. HAY, CLK. HOUSE DELEGATES. Novem. 19th Certifies that the House proceeded on this day by Joint ballot with In House of Delegates the Senate, to fill the vacancies in the General Court. The Committee to meet the Senate Committee were Mr. Benjamin Harrison, Mr. John- Vacancies in General son, Mr. Hopkins, Mr. White, Mr. Turberville, Mr. Cleery, Mr. Strother, Court filled Mr. Nicholas, and Mr. Preston. They returned to the House, and Jos. Jones reported that a majority of votes were cast in favor of Joseph Jones and Spencer and Spencer Roane, Esquires. Roane chosen SAM'L H. SAUNDERS TO GOVERNOR BEVERLY RANDOLPH. In which he states that he was employed during the war to manu- Powhatan facture some wheat for the public; That he was called on by a Mr. Novem. 19th 9 66 CADENDAR OF STATE PAPERS. for 1789. Morton to settle the accounts of that transaction, stating that he was Novem. 19th authoriz'd to do so. He said the public had no use for the remainder of Mr. Morton the flour on hand, & he would dispose of it; that he agreed with him settles wheat for it, and gave him his obligations therefor; that when he manu- accounts Flour factured the public wheat, he supplied 102 flour barrels, costing him barrels 2s, 6d, each; that he brought this charge when settling with Morton. Not settled Morton said this charge did not fall within his department, as he was employed to settle for remains of the wheat & other public property in Millers' hands; but that he would represent the case to the Executive, & had no doubt of its being allowed. He pressed him urgently for his obligation for the balance of the flour, saying his business would be closed when that transaction should be settled. On this, he gave his obligation to him, not doubting that justice would be done him. Con- trary to his expectations, a suit has commenced against him in Powhatan County Court, and judgment awarded. Mr. Morton con- ducted the prosecution, & refused to suffer any credit to go against my note. He understands also, that he has never represented the State of the transaction to the Executive. Therefore, hopes the Governor will submit his case to the Council, who he is persuaded, wish on all occasions to dispense justice, which he has a right to ask. If they will be pleased to examine this matter, & will fix a day, he will give Mr. Morton notice thereof, & bring forward the proper proofs; or if more agreable to the Executive and the board, it will be equally so to him, to submit the case to any reputable, well-informed gentleman, either in that County, City of Richmond, or elsewhere, that his Excellency & the Council may appoint. Novem. 19th H. BROOKE, CLERK OF SENAte. Election of Certifies that the Senate proceeded on this day, on Joint ballot with Members to the House of Delegates, to nominate a Committee to meet House Com- fill vacancies in General mittee, & count ballots for vacancies in the General Court. The Com- Court Joseph Jones and Spencer Roane chosen Novem. 23rd Norfolk • mittee of Senate, Mr. Southall, Mr. Karnes, Mr. Cabell, & Mr. Coleman, upon returning to the Senate from the Conference Chamber, they reported that a majority of votes fell upon Joseph Jones & Spencer Roane, Esquires. WILL FINNIE TO Gov. BEVERLY RANDOLPH. Stating that he had a letter rec'd on yesterday, from Col. Wm. Davies, asking information and explanation of sundry considerable claims, he wishes to establish against the United States, during the time he acted CALENDAR OF STATE PAPERS. 67 1789. asks infor- as Deputy Quarter-master General, from the beginning of 1776. He has written him that it is impossible to give him the desired information, Novem. 23rd unless he could attend him in person, as many of his papers are filed Col. Davies in the different offices, where he finally settled his accounts. He is mation willing to attend him during his settlements, and thinks that he would about claims against be of infinite service to him in establishing many claims requiring sup- United States port & information on both sides of the question, as he acted for both State & United States for about same period. He will require a moderate allowance made him for his time, and say that he will proceed to New York at once, if the Governor so orders it. R. HARRISON TO THE HON. JAMES WOOD. I have the Honor to be, very respectfully Sir, Sir, In compliance with your request, contained in your favor of the Alexandria 16th Inst., I have the Honor to inclose for the Information of the Hon- orable Executive, the most accurate Statement I can form of the prize sent by the Liberty to Martinique. Part of the effects, as you will please to observe, and of which I have stated the net product, were sold in that Island; but from the loss of some books and papers, it is out of my power to ascertain the particulars. If however, such account. should be thought necessary, I presume it may be found among the papers of the then State Agent, to whom different copies were trans- mitted at the time. This is the only prize in which the state was con- cerned, that ever came under my care. Your obed't h'ble serv. BENJAMIN HARRISON TO GOVR. BEVERLY RANDOLPH. I am Sir, with Due Esteem, Novem. 23rd Your Excelleye's most obed. & H'ble Servt. Prize sent by the Liberty to Martinique Sir, Militia The Inclos'd is a strength Report of the Militia of the County, but Rather Imparfectly taken Because I have not officers In commission to command the Whole of my Militia, for Instance, there was two Capts. In regard to companies as laid of that there was not a commissioned officer in, there- strength of fore I was under the needcessity to apply to a former Return for them. I Receiv'd your favour of the 19th August, sign'd Saml. Coolman, some time in this month, Leting me know some errows committed in our County Clark, Not Making proper & nesesserry Remarks and Distinctions in the Recomadations to your Honour; But for the futer, I hope to be Beter Serv'd, by seeing that the Recomadations Be made agreeable to your Directions. Novem. 23rd Rocking- ham County 68 CALENDAR OF STATE PAPERS. 1789. Novem. 25th Richmond Militia return Enclosing return of the Militia of Mecklenburg County, and telling the Governor that the County Court had by mistake omitted to make recommendations for one of Companies belonging to the second Regi- John. Hop- ment. The officers omitted are John Hopkins, for Captain, & William William Hendrick, for Lieutenant; and asks that their Commissions be made Hendrick out. He states that the militia return inclosed, includes the Troops. kins Novem. 26th New York RICH'D KENNON, COUNTY LIEUTENANT OF MECKLENBURG Co., To Gov- ERNOR BEVERLY RANDOLPH. WM. DAVIES TO THE GOVERNOR. Thanking the Governor for his attention to his application for money. Says Mr. Griffin being in hast, he defers till next mail, a particular answer to his letter; meantime he begs to commit the enclosed to his protection. 1 Novem. 28th CERTIFICATES FROM CHARLES HAY CL'K OF HOUSE OF DELEGATES, AND H. BROORE CL'K OF THE SENATE. Stating that the Joint Committee of the two houses met in the con- ference Chamber this day, to examine the ballot boxes, and report on Governor whom the majority of votes for Governor should fall; his term of office The two Houses choose a being for one year from the Third of December next. House Committee being Mr. Richard Lee, Mr. Corbin, Mr. Marshall, Mr. Walker, Mr. Hopkins, Mr. Breckenridge, Mr. Wilson, Mr. Pendleton, & Mr. Thurston. Governor Senate Committee being Mr. Southall, Mr. Cabell, Mr. Carter, and Mr. Beverly Wills. They reported that the majority of votes had fallen on Beverly Randolph Randolph, Esquire. Henrico County-To-wit: } I, John Pendleton, a magistrate for the said Oaths ad County, do hereby certifie that I have this day administered to His ministered Excellency Beverly Randolph, Esquire, Governor or chief magistrate of the Commonwealth of Virginia, the oaths prescribed by law. Given under my hand the 8th day of december, 1789. JOHN PENDLETON. CALENDAR OF STATE PAPERS. 69 M. ANDERSON TO GOVERNOR BEVERLY RANDOLPH. Sir, Some time last month, a Negro man slave, named erty of Mr. John Lawson, was arraigned and tried for Robbery in Gloucester County, found guilty by the Court, and sentenced to suffer death on the fourth day of next month. I was not one of the Court who sat on his trial, but the Clerk in- formed me that the precise Proof adduced against him was that he did. in the day time enter into a dwelling house, the door of which was open, stole out sundry clothes, and was making off, when a young woman, who had been out, as well as I recollect, getting wood, was re- turning to the House, observed and followed him a little way, calling to him & begging that he would return the clothes, which he refused to do. Last week, Colo. Boswell, a magistrate in Gloucester, shewed me a letter from Mr. Lawson, earnestly requesting that he would if possible, get a reprieve, promising that if it could be effected, he would send him so great a distance, that he never should again do mischief in Gloucester. Colo. Boswell, as well as myself, felt himself in a very delicate situa- tion, as neither of us sat on his trial, but he requested that I would lay the matter before the Executive. I do indeed feel myself in a very delicate situation, but humanity in this case getting the better of deli- cacy, forces me to be thus troublesome, for which I hope I shall be pardoned by your Honorable board. Novem. 28th the prop- Richmond Slave tried for robbery Sentenced to death I have the Honor to be with every sentiment of respect Sir, Your most obedient H'ble Servt. 1789. THOS. NEWTON, JR., TO GOVERNOR B. Randolph. Says he ordered a General Muster for the Borough, which was held, but could hold no Court Martial for fining delinquents owing to the death of one Captain and absence of another, so can make no return. He is much at a loss for another Colonel, for though the Corps is small, The owner requests a reprieve T. POSEY TO GOVERNOR RANDOLPH. Stating that a mistake bad arisen in respect to a commission issued in Fredericks- burg favor of Beverly Stanard for Lieutenant, vice John Woolfolk resigned, in the troop of Militia Cavalry to be raised in Spotsylvania. The truth being that John Woolfolk was cornet, and Beverly Stanard was recom- mended to take his place. He returns Mr. Stanard's Lieut.'s commission and wishes a Cornet's made out in its place. Novem. 28th Beverly Stanard a Cornet Novem. 28th Norfolk 70 CALENDAR OF STATE PAPERS. 1789. yet he finds it difficult to hold Courts Martial. If the Major is absent Novem. 28th none can be held, as it is judged the Command'g Officer cannot set on them, being the returning officer of all delinquencies. Wishes to know if he is entitled to a Lieut. Colonel or whether the law excludes the commanding officer from setting on the Courts martial. Says that they have many settlers in the Borough who have not taken the oath of citizenship & who refuse to do duty. Wishes to know if they can be compelled to muster or pay a fine. Many of these men be says have married here and enjoy all the benefits of the country and contribute nothing towards its protection. Courts Martial Settlers No Place Received Novem. 28th " Novem. 30th Public printing Novem. 30th Tobacco demanded State agent refused Prays for relief P. TARDIVEAU TO THE GOVERNOR. Petitions and shews that in 1787 he was clerk to the Commiss'rs for set- tling the Expenditures of the campaigns under Genl. Geo. Rogers Clark & Col. Benjamin Logan. Being no printing offices in the District, be was forced to buy paper to write the books & certificates. He has been paid for the writing of blank certificates but has never been reimbursed the price of the paper, and asks that the amount Three Pounds, fifteen shillings be counted to him. HUGH PATTON TO GOV'R BEVERLY RANDOLPH. Richmond of 300 hhds. Tobacco Petition stating that he purchased of Harry Heth last September, Purchase Three Hundred Hhds. of Tobacco, said Heth being the State Agent, as per enclosed Invoice, the money to be paid 1st January, 1790, The tobacco to remain with Heth till he returned from Philadelphia or found need for the Notes, at which time he was to deposit public papers or cash to guarantee his performance of the contract. That soon after his arrival he demanded the tobacco according to the bargain, but to his surprise was refused, Mr. Heth alleging that I had not complied, which is entirely groundless, and begs that an order be given for the delivery of the tobacco, or the matter be left to arbitration or any other mode that may be judged best. CHARLES HAY CLERK OF THE HOUSE OF DELEGATES. Certifying that the House resolved that the Public printer be directed to print four copies of all public acts & resolutions of this Session for each county. Agreed to by the Senate Dec. 2d. H. BROOKE, Clk. Senate. CALENDAR OF STATE PAPERS. 71 ? TURNER SOUTHALL. 1789. Certifying that he has administered unto Charles Carter, Esq., the Novem. 30th Chas. Carter oaths prescribed by law to be taken by a privy counsellor. Privy Coun- sellor SAM. COLEMAN TO THE GOVERNOR. Reports that the County Lieutenants of Albemarle, Fluvanna, Hardy, Richmond King William, Lunenburg, Mecklenburg, & Northumberland Counties. have made militia returns for 1789. The county Lieuts. of Southampton, Fairfax, & Fluvanna certify that they have received no muster fines for 1789. Francis Goode has resigned his Commiss'n as Col. of the militia for Chesterfield Co. Enclosing a copy of the Order of the Board of Directors of the Luna- tic Hospital, directing him to request the Governor to apply to the Auditor for his warrant for £200 for the present support of the Hos- pital. ARTHUR CAMPBELL TO JAMES MCGAVOCK. Stating that he had an order from the Executive for (he thinks) 2,000 p'ds Lead. Thought he had sent it to him, if not, will make search & see how much had been received, by the time McGavock's son returns. Thinks he has received 3 whole large bars and a half. Novem. 30th JACOB RINKER, COUNTY LIEUT. OF SHENANDOAH, TO THE Governor. Inclosing a General return of the Militia, arms & accoutrements for Militia 1789-all the arms being private property. Militia returns JOSEPH HORNSBY, TREASURER OF LUNATIC HOSPITAL, TO GOV'R BEV- Decem. 1st ERLY RANDOLPH. Novem. 30th Williams- burg For support of Lunatic Hospital Decem. 2nd Lead COL. WM. DAVIES TO THE GOVERNOR. Decem. 3rd Replying to the Governor's letter of the 13th ultimo, says that the New York statement of distances is expressed to be from the seat of Government, 72 CALENDAR OF STATE PAPERS. 1789. but as the route of the Militia from many of the Counties to the Army Decem. 3rd lay wide of Richmond, a list taken from the books of Attendance at Militia W'msburg would be of Considerable use. With respect to the militia Southern who joined the army in their several Campaigns Southward, & the reputed campaign distances of their counties, Gen'l Stevens, Col. Mason, & other members of the assembly may give sufficient information. division The donations to the army given by the state appear on the Auditor's book, which he now has. He would like to have the day books for January, 1786, and for the whole of 1785. The Commiss'nrs of General Board say that no further testimony will be admitted after the 19th of next month, that being 12 months from the time of their commencing the business. They consent, however, to receive as of that day what- Bounties by ever he may offer prior to 1st February. He is concerned that it should be deemed impracticable to obtain information of the bounties given by divisions, as it is of such magnitude, he cannot yet give up hope. He recollects having heard that the recruits cost at least £20 on an average, specie value. This was under Act of Spring 1780 for raising 3,000 men, which gave a Tobacco Loan office certificate as the only public bounty. He has direct evidence of 1,311 men being recruited under this law in 36 Counties, and presumptive proof of many more, & has no doubt if full returns from the whole state could be had, that at least 2,500 men were raised. Thinks that the Amount would be about £40,000 Specie, a sum too great to be lost on one law. The county which the division contracted with their substitute for, was procured by compulsion when not voluntarily contributed, & may therefore with more ease be ascertained. Thinks from the small number of vouchers so far obtained from Mr. Langhorne for his district, makes him fear that Mr. L. does not fully comprehend the business of his Appointment. Spoke in a former letter of the practicability of pro- curing the admission of the claim for the expenses of the Shawanese expedition; to effect this, he should sent to him Gen'l Clark's letters & other papers respecting them, & will return whatever is sent. Is flat- tered by the Executive's assurance of assistance in the removal of diffi- culties, & will regularly communicate the circumstances as they occur, which in any manner may affect the important business Entrusted to his care. Cost of recruits Decem. 5th RESOLUTION OF HOUSE OF DELEGATES. Address to Requesting the Executive to take the earliest opportunity of trans- the Presi- mitting the address of the General Assembly of this Commonwealth to dian Hos- the President of the United States on the subject of Indian hostilities. tilities CHAS. HAY, Cl'k. H. Brooks, elk. of Senate, certifies that the Senate agreed to this reso- lution on same day. CALENDAR OF STATE PAPERS. 73 COL. WM. DAVIES TO HIS EXCELLENCY BEVERLY RANDOLPH, Esq. Sir, I omitted to mention in my last the expediency of hastening the Decem. 7th collection from Mr. Yarbrough's district which is an important one. New York Should it be thought eligible to divide it, Mr. Roney, who, while a clerk Collection in in this business at Richmond, had considerable agency in arranging & Mr. Yar- brough's preparing the papers relative to the district; would be glad to undertake district If divided, part of the collection. Mr. Price too appears to have been very diligent recommends as far as his abilities would extend, and possibly might be willing to be Mr. Roney Mr. Price employed in this way again. Capt. Carrington's assistance if it can be Captain obtained, will be preferable to either; should he not act, tho' neither of Carrington the other gentlemen may be equal to him, yet they will be both very attentive in making the enquiries pointed out, which are fully expressed in the various papers forwarded to Yarbrough. rapid appre- ciation of public paper "Act of Ver- Within these few days the accession of North Carolina to the present Decem. 7th Constitution has been announced, and public paper has appreciated North Caro- Accession of with greater rapidity than before, tho' it has been rising for many lina to the present con- months. An act of the Vermont assembly has just appeared for ascer- stitution and taining the line between that State & New York, and for removing cer- tain obstacles to the admission of Vermont into union with the United States. These are the expressions in the preamble. In the enacting clause certain persons are named with full powers to treat & establish with the New York commissioners the boundary between the two States, "and to adjust & finally determine all & every matter or thing, which in any wise obstructs a union of this State with the United States." These are their words, and as New York had sometime ago appointed Commis- sioners for the settlement of the line, there is no doubt here of the addition of Vermont to the Union. The Act I have quoted was passed the 23d of last October. mont assem- bly for ascer- taining the line between that state and New York with a view to Ver- mont's ad- the Union mission into The enclosed letters to the late armourer, and to the principal con- tractor for the Navy, I beg leave to recommend to your Excellency's care, as they must be possessed of many valuable vouchers which Mr. Langhorne ought to collect. I have the honor to be, Sir, with the greatest respect, Your Excellency's most obedt. Servt. 1789. JAMES CRANE TO GEN'L JAMES WOOD. Decem. 8th He writes in behalf of one Jno. Smith, who is a wounded soldier, and John Smith's had been duly examined and put on the Pension List. He has lost or pension mislaid his certificate, and so cannot draw his annual pension of £12. 10 74 CALENDAR OF STATE PAPERS. 1789. Sends enclosed an affidavit of Jno. Smith made before Wm. Cherry, a Decem. 8th Justice of the peace for Berkeley Co., setting forth the above facts, and requests that a Duplicate certificate may be sent him for Smith. Decem. 9th BENJ'N WILSON, CLERK OF COURT, TO HIS EXCELLENCY BEVERLY RANDOLPH. Harrison Co. Decem. 10th Hampshire Co. At a Court held for Hampshire County the 10th Dec., 1789: Present-Abraham Johnson, Cornelius Free, George Beall, William Fox, John Mitchell, & Tbomas Collins, G. J. James Martin, Edward Macarty, Isaac Parsons, Virgil Mecrakin, Solomon Jones, & Jonathan Purceli, Gent., are recommended to bis Ex- be added cellency, the Governor, as proper persons to be added to the Commis- sion of the Peace for this County. The following Gents who were in the Commission of the peace for the said county, have removed since the last additional Commission in March, 1788, viz: New justices recom- mended to Those removed J Certifying that a sheriff's commission from the Governor, dated Oct. 16, 1789, to Jno. Powers being read to him at November court, 1789, s'd Powers came into court and said that he could not procure the security, when having taken the oath to that effect as provided by law, he was discharged, and Thomas Cheney, George Jackson, and John McCally, Gentlemen recommended for sheriff of said County. Samuel Dees removed to Green Brier Co'ty. Ralph Humphries removed to the Missisipy. Marquis Calmes removed to Kentucky. Ovid Mecrakin removed to Maryland. Michael Cresap, William Vause, dead. Andrew Cooper removed to Winchester. The following Justices remain: Abraham Johnson qualified & acts. ditto ditto. Isaac Millar David Mitchell has not acted for some years, and refuses to do so. He is generally at Hagerstown, Maryland, in business. Elias Poston, present sheriff. Ignatius Wheeler has not acted lately; has sold his land and means to remove to Kentucky in the Spring. Jno. J. Jacob qualified & acts sometimes; lately ordained a Methodist minister & seldom in the County. Thomas Maccubbin, sheriff Elect, has never attended court but once since his qualification, & means very Soon to remove. CALENDAR OF STATE PAPERS. 75 Cornelius Free qualified this present court, & and says he will act. Philip Wiggins qualified-seldom attends. George Beall ditto acts. John Mitchell, Thomas Collins, James Monroe, Okey Johnson, Wil- liam Fox qualified & act. John Taylor refuses to qualify. ANDREW WOODROW, Clk. Hamshire Co. Court. CHAS. HAY, Clk. H. of D. H. BROOKE, C. S. 1789. Decem. 10th RESOLUTION OF HOUSE OF DELEGATES. Resolved, that a copy of the act for the cession of ten miles square, or any lesser quantity of Territory within this State, to the United States in Congress assembled, for the permanent seat of the General Government, be transmitted to the General Assembly of Maryland without Delay, and that it be proposed to the said Assembly to unite with this Legislature in an application to congress; that in Case Con- gress shall deem it expedient to establish the permanent seat of the Gen- eral Government of the United States on the Banks of the Potomack, so as to include the Cession of either state, or a part of the Cession of both States, the Assembly of Virginia will pass an act for advancing a sum of money not less than one hundred and twenty thousand Dollars, Money to be to the use of the General Government, and to be applied in such Manner advanced by Virginia and as Congress shall direct towards erecting public Buildings. The said Maryland Assembly of Maryland on their part advancing a sum not less than for public buildings three-fifths of the sum advanced by this state for the like purpose. Dec. 14th, 1789. Agreed to by the Senate. Decem. 10th The maps which are in the public possession are totally wanting in the division of the western counties, which occasions considerable per- plexity in ascertaining the information of the Depredations of the Indians in that quarter. Act for the cession of territory for permanent seat of gov- ernment On the Potomac H. KNOX, SECRETARY OF WAR, TO HIS EXCELLENCY, THE GOVERNOR OF Decem. 10th VIRGINIA. Sir, By desire of the President of the United States, I have to request War office the favor that your Excellency would be pleased to direct a map of Requests a Kentuckey and the western parts of Virginia to be transmitted to this office, with the divisions of the counties marked thereon. map of Ken- tucky and the western parts of Vir- ginia 76 CALENDAR OF STATE PAPERS. 1789. I have also taken the liberty to enclose a letter of some public conse- Decem. 10th quence to Colonel Arthur Campbell, which I pray may be forwarded to- him by the first opportunity. I have the Honor to be, Sir, Your most obedient Humble Servant. Decem. 12th SAM'L J. CABELL, COUNTY LIEUTENANT OF AMHERST COUNTY, TO THE GOVERNOR OF VIRGINIA. Enclosing the proceedings of the Field officers & captains of the Amherst Co. Militia, declaring it their decided opinion that they have No power to no power to hold a Court Martial or an enquiry of assessment of fines. hold courts Richmond Amherst militia martial, &c. The power of regulating the Militia by the late adopted Government power being invested in Congress, and no rules relating thereto being received from the aforesaid body. He flatters himself that this action of his officers done at his suggestion, will meet with the Executive approba- tion when they advert to the part of the 8th section of the 1st article of the Federal Constitution respecting the Militia, and compare thereto. the 11th amendment as proposed to the aforesaid part by the Conven- tion of this State. being in- vested in Congress He is conscious that the Commencement of the lately adopted ses- sion of Government rendered null and void all state regulations of the Militia as far as respected Organization, arms, & discipline, and is aware of the powerful necessity of preserving impressions in the minds of the militia favorable to a strict adherence to our State Regulations, so far as relates to assembling & training, until Congress could form a system for the said purposes, in consequence of the Exposed situation of the West- ern Country to the hostile attacks of the Indians; these facts impelled him to recommend to his officers the mode of procedure as pursued as being the most likely to quiet alarm, preserve acquie ence, suppress investigation, & and render subordination cheerful. He trusts that his line of conduct will be satisfactory to the executive. The annexed proceedings are sigued by the following officers of the 1st Regiment: First Sam. J. Cabell, C'ty Lieut., Will. Cabell, Jun., Lt. Col., John Loving, regiment John Barnett, Thos. Morrison, Wm. Warwick, Stephen Watts, George Campbell, James M. Alexander. Second Sam'l Higginbotham, Col. C. D., William Ware, Capt., Chas. Talia- regiment ferro, Capt., J. Stewart, Isaac Tinsley, George Phillips, Charles Ellis, Daniel Tucker, Capt., Rich'd Harrison, Henry Turner, William Horsely, Capt. CALENDAR OF STATE PAPERS. 77 • RESOLUTION OF HOUSE OF DELEGATES. Requesting the Executive to have the same number of Acts of Con- gress printed as are usually printed of the acts of the General Assem- bly, to be distributed in like manner among the different Counties & Corporations; also, five hundred copies of the Journal of the House of Representatives to be distributed in like manner, and so many copies of the Senate Journal as to furnish one copy to each member of the Gene- ral Assembly. Agreed to by the Senate Dec. 4. 1789. J. PENDLETON, AUDITOR, TO THE GOVERNOR. Stating that Col. Davies desires the Auditor's books for 1785 for- Decem. 12th warded to him. They are not journalized. Wants to know whether he shall send them or not. ¿ Decem. 12th Printing Acts of Con- gress, &c. Report of the Committee to whom was referred the letter of the Decem. 14th Directors of the public buildings with their accounts, &c., through Mr. Public build- ings Edward Carrington, and agreed to by the House. They report that the whole amount of funds which have been appro- The capitol priated to the building of the Capitol is £25,761, 13s, 4d; of this sum, £11,500 arose from the Treasury by votes of the General Assembly; £2,000 from subscriptions of the inhabitants of the city of Richmond, and the remainder from the sale of confiscated property in and near the said city. That there remains about £2,000 yet to be collected from said confiscated property; that the contracts heretofore made by the directors will consume the whole of the funds appropriated; that from information of the Agent, about £8,000 will still be requisite for com- pleting the capitol; that in addition to the work already contracted for, Additional it is absolutely necessary for the preservation of the building from work neces- sary to pre- ruin, there be immediately a podimont roof put on it to be covered with serve the building Lead, that the Portico and General Court be paved, that the flooring be finished, and that some painting, plastering, and other small things be done; that it is necessary for the present General Assembly to provide. £3,476 for the building of the roof, £382 for the pavement of the Portico Roof, &c. and General Court, and £142 for the other purposes before mentioned— making in the whole £4,000, and that it will be proper to leave the farther completion of the Capitol to be provided for at some future Contract for period; that Samuel Dobie contracted with the Directors in February, flat roof with 1787, to put a flat roof on the Capitol which should be tight and dura- 'Sam'l Dobie 78 CALENDAR OF STATE PAPERS. 1789. ble for £170, but after much labor in honestly endeavoring to fulfil his Decem. 14th contract, it is apprehended that it will be impracticable to make the Willing to roof a tight one, and said Dobie is willing to make a reasonable com- compromise promise on account of said contract. Your committee think it will be proper to authorize and instruct some person or persons to adjust and settle the accounts of the Direc- tors for the funds that have been appropriated in their hands, and for the disbursements thereof. Authority to Resolved, that the Executive be authorized and requested to make. compromise such compromise with Sam'l Dobie on account of his contract, as to them shall seem just and reasonable. Resolved, that the Executive be authorized and requested to cause the accounts of the Directors of public buildings for all the several appropriations heretofore made in their hands, and of the disbursement thereof, to be adjusted and settled. Resolved, that in any contract or contracts to be made by the Direc- tors of Public buildings for Lead, the said Directors be authorized and Preference requested to give preference to such as is the production of this Com- to Virginia lead under monwealth, if the same can be procured in season at a rate not`exceed- certain con- ing five per centum higher than other lead would cost. Agreed to by the Senate Dec. 19, 1789. ditions Accounts of Directors of public build- ings to be adjusted Contract for lead Decem. 14th H. KNOX, SECRETARY OF WAR, TO HIS EXCELLENCY, THE GOVERNOR OF VIRGINIA. War office Decem. 14th Enclosing a letter of public importance, which he wishes forwarded to Daniel Smith, Esquire, of Miro district on the Cumberland river. RESOLUTION OF HOUSE OF DELEGATES. Some person dition of Certifying to a Resolution by the House, that the Executive be re- to report con- quested to appoint some proper person to examine & report the situa- light-house tion and condition of the materials formerly provided by the State for materials the purpose of Erecting a lighthouse, and if deemed necessary they To be sold if contract for securing the same, and be empowered to dispose of them expedient upon such terms as to them shall appear most advantageous to the State. Agreed to by the Senate. CHAS. HAY, Clk. CALENDAR OF STATE PAPERS. 79 W. H. MACON, COUNTY LIEUTENANT OF NEW KENT COUNTY, TO HIS 1789. EXCELLENCY, GOVERNOR BEVERLY RANDOLPH. Stating that he incloses a return of the militia under his command, Decem. 14th accompanied with an account of fines imposed by the Court Martial last April, amounting to £21, 10s, Less £2 paid James Poindexter, clerk of the Court Martial, and 6s, 8d paid Richard Foster, Provost Martial, & sworn to before John Bacon on Dec. 15, 1789. JOHN CALDWELL TO HIS EXCELLENCY, THE GOVERNOR OF VIRGINIA. Decem. 15th Stating that Capt. Matt. Walton has certain certificates for Scout ser- Richmond vices, which he cannot get settled on account of some inattention of the In regard to officer who granted them, & their not being signed by the County Lieut. certain Scout certificates Those granted to Wm. Foster & Edward Robinson, & signed by Col. for pay Jno. Harden, he knows to be just of his own knowledge; that the service was performed by the direction of the County Lt., who ordered Col. Harden to place them as he saw best for the safety of the frontier, & being in the neighborhood of Col. Harden's residence, and the certifi- cate of any field officer within the county, was deemed sufficient to secure the pay of these scouts. The certificate of Mason McCullum was intended for a scout, and James McConnell appears to be in the same condition as McCullum. There was a dispute among the officers of the county which was the right term-Scout or Ranger; and to make it certain inserted Spy, which would answer the purpose to describe the ser- vice performed. SAM. J. CABELL, COUNTY LIEUTENANT OF AMHERST COUNTY, TO HIS Decem. 15th EXCELLENCY, THE GOVERNOR OF VIRGINIA. Stating that he transmits a certificate of the oath required annually Richmond of the County Lieuts. relative to monies rec'd by them for delinquencies, Amherst Co. &c. Upon his return to Amherst will send return of the militia. Says Militia that he rec'd his Excellency's letter with the enclosed order of the Council, and tho' he differs with them as a member of the Assembly, yet, as a soldier, will strictly execute the militia regulations as before, conceiving himself now fully justified so to do, &c. RESOLUTION OF HOUSE OF DELEGATES. Resolved, that the Executive be requested to use the most effectual Unnecessary means in his power to prevent the employment of unnecessary Guards guards Decem. 15th 80 CALENDAR OF STATE PAPERS. 1789. over the prisoners confined from time to time in the several District District jails jails, and to enforce the nceessity of keeping the said jails in good to be kept in good repair repair upon the courts of the Counties in which the District Courts are by the coun- holden. ties in which Agreed to by the Senate Dec. 16th, 1789. District courts are held Decem. 15th CORNELIUS CONWAY TO THE GOVERNOR OF VIRGINIA. Berkeley Co. Petition showing that he had been fined by the court Fifty pounds Petition to for shooting at George Rootes, and upon the unsupported testimony of be relieved said Rootes; that he was ready to prove that he did not do it, but that of a fine of £50 for his counsel had informed him that the case had been dismissed, so he shooting at Geo. Rootes did not attend court, and had no witnesses summoned for his defence. Decem. 16th CHAS. HAY, Clk. PRIVY COUNCILLOR CHOSEN. Election of The Senate proceeded this day by joint ballot with the House member of of Delegates, to the choice of a member of the Privy council in privy council Warrants Thinks the prosecution was malicious and the fine unreasonable. En- closes affidavits of several of his neighbors as to the facts stated by him, together with one from Arthur McCan, who deposes that he fired the gun to scare Rootes, and that it had powder only in it. Many neigh- bors certify to Conway's good character & pencable disposition. The Governor is asked to relieve him of this fine, as his goods have been levied on by the sheriff, and he is in danger of great damage thereby. place of Cyrus Griffin, resigned-Senate Committee being Mr. Nelson, Mr. Mason, Mr. Cabell, & Mr. Pope. The Committee report that the majority of votes were found in favor of John Dawson, Esq. H. BROOKE, Clerk of Senate. Decem. 16th THOMAS UNDERWOOD TO HIS EXCELLENCY, BEVERLY RANDOLPH, Esq. Enclosing a petition to the Governor & Council, shewing that he has Warrants drawn on the General fund in favor of George Rogers, clerk, amounting to £903, 6s, 5d, dated July 1st, 1783, which he requests may be placed on the Agregate fund, which he thinks is agreeable to a clause in the Revenue Law passed in 1787. He states that he purchased these claims in 1784 upon the faith of a law passed then, & which placed the CALENDAR OF STATE PAPERS. 81 1789. claim on a Fund to be raised by a Tax of 5s. pr. Hundred acres on all lands to be patented in the Western Country, which Law was repealed Decem. 16th by the next Assembly; since which, no funds have been assigned for the payment of his claim. He thinks that by the act of assembly, 1787, it was put into the power of the Executive to place his claim on the Agregate fund, and he has greater hopes of success, seeing that the General Government has given this State credit for the Amount of those debts, and seeing that the arrears are fully Equal to the discharge of the balance of all such claims, & so far as they are distinguished by Foreign claims, have this Session placed them on the Agregate fund. ROBERT HARVEY TO HIS EXCELLENCY, BEVERLEY RANDOLPH AND Decem. 16th COUNCIL. Asking to be relieved from acting as Sheriff of Botetourt County, as he is a member of the Assembly and Superint. of a furnace & forge, which occupies his whole time. He recommends Martin McFarrin, Esq., as a proper person to be appointed in his stead, who can doubtless give the security. THOS. HARRIS TO COLONEL SAM. COLEMAN. Informing him of his great distress & poverty, with a wife & 7 small children. Has been chief armourer of the State at Williams- burg and at Fredericksburg under the Committee of Safety; thence to North Carolina, & took care of the Arms under Gen'l Green. Applied for a pension, but timè had expired; wishes he would put him to work under Major Langham at Point of Fork. CAPTAIN THOS. LILLY TO GOVERNOR BEVERLY RANDOLPH. Informing him that his schooner (Donald) went ashore on Staten Island in a gale of wind on the night of the 26th November, loosing his whole cargo of Tobacco, barley, & flaxseed. Is in a distressing condi- tion, & would be glad to have about 300 Dollars; wants Col. Thos. Ran- dolph & Col. N. Burwell, of Carter's grove, informed. The schooner is nearly repaired, and will be as good as ever. No date; no place Decem. 17th New York Schooner Donald ashore 11 82 CALENDAR OF STATE PAPERS. 1789. Decem. 17th Decem. 17th Williams- burg Decem. 18th Sinking fund Decem. 17th. J. PENDLETON, AUDITOR, TO GOVERNOR BEVERLY RANDOLPH. Expence of Stating that Col. Davies has requested him to furnish an account of expeditions the expence of the two expeditions against the Shawanese & Wabash against Shawnese Indians. He finds that the account is comprised in an acct. made up by and Wabash Indians order of the Executive of the Expence incurred by this State in defend- ing the Western Frontier since the Cession to Congress; a duplicate of which acct. is enclosed to the Executive & to be transmitted if they think proper, Amount fur- nished to fund by the treasurer J. KNOX, SECRETARY OF WAR, TO HIS EXCELLENCY, BEVERLY RANDOLPH. Enclosing public letters for Kentuckey, which he desires to be sent— they having no Established mode of Conveyance to that district. * J. MADISON TO HIS EXCELLENCY, THE Governor. Enclosing by order of the Directors of the Insane Hospital, the names of persons from whom to fill three vacancies in the Directory, occasioned by the death of Thos. Nelson & the resignations of Jno. Dixon & Henry Tazewell. He sends the names of Jno. Byrd, Jas. Southall, Benj'n C. Waller, Robt. Greenhow, and Champion Travis. SINKING FUND. Copy of a Report from the Committee appointed to examine the state of the Sinking fund in conjunction with a Committee from the Senate. Mr. Corbin reports as follows: Your Committee find that the sum £15,218, 12s hath been furnished by the Treasurer on account of the Sinking fund; that out of the monies thus advanced, there has been purchased and received the fol- Military cer- lowing public securities, viz: Final settlements to the amt. of £27, 6s, 9d; Military in- Military certificates including a surplus military certifc. for £59,358, terest war- 17s, 6d; Sixth year's Interest warrants on Loan office certificates for tificates rants Loan office certificates £103, 1s, 2d; Military Interest warrants for £11, 6s, 6d; Loan office cer- tificates for £1,725, 0s, 3d; Contingent fund warrants for £32, 17s, 9d; Indents drawn on Final settlements for £485, 19s, 4d; Seventh year's Military Interest warrants for £148, 11s, 10d; funded certificates for £67, 178, 1d. 1 CALENDAR OF STATE PAPERS. 83 A * 1789. Your Committee also find that there is on hand belonging the said fund £3,386, 98, 02d in specie, and that the nett sum of £63,208, 183s in Decem, 18th public securities has been made since the establishment of the said fund Funded cer- tificates up to the nineteenth of October last, as will more fully appear by the General accounts hereto annexed. ment of said fund ties in hand per cent. But your Committee beg leave further to observe that exclusively of Nett sum in public securi- the £3,386, 9s, 0ąd specie, there are public and other securities in hand ties since the for Tobacco sold, and monies advanced conditionally under the direc- establish- tions of the Executive to the amount of £13,079, 18s, 1d. specie value; these advances have been made upon deposits of public securities, at a Other securi- price something lower than the market price, with a condition annexed, that unless they should be redeemed before the first day of January, 1790, by repaying the money so advanced upon them, with an interest Interest at 5 thereon at the rate of five per centum per annum, they should become the property of the Sinking fund. These deposits your Committee must observe in justice to the caution and prudence of the Agent, are more than sufficient to cover the monies so by him advanced under the authority of the Executive. But they beg leave with deference to represent that the mode of lending money at five per centum per annum on depreciated public securities, which bear an interest of six per centum, is highly disadvantageous to the state, since it receives only five per centum from the loan of specie, whilst it is paying six per centum on paper that sells in the market for only between five and six shillings in the pound. The Executive were, no doubt, induced to authorize the Agent to advance monies in this manner on these deposits, with an ex- pectation that they never would be redeemed, and that the sinking fund in this case would be enriched by the conditional purchase of public securities at the rate of four and five shillings in the pound; but your Committee conceive that a little reflection will prove these expec- tations to be delusive, since it will seldom or never happen that those who borrow money from the sinking fund as deposits will suffer them to be forfeited, whilst they are in a state of appreciation, and whilst the said borrowers are annually receiving an Interest of six per centum on the nominal value of the said deposits, and only paying five per centum per annum for the loan of actual specie. Your committee beg leave further to represent that this practice appears to them to defeat the main purposes of the Sinking fund, since the holders of public securities will never dispose of them whilst they can procure money to answer their pressing demands upon such advan- tageous terms. These are the ideas, that a theoretical view of the sub- ject has suggested to your Committee, which, tho' experience may prove them to be fallacious, it was nevertheless their duty to state to the house. Your Committee think that the business relative to the said fund has been transacted by the Agent thereof with accuracy and fidel- ity and with advantage to the public, but they cannot help expressing 84 CALENDAR OF STATE PAPERS. 1789. their wishes that the Executive had directed the monies in the said Decem. 18th fund to have been appropriated altogether to actual and not conditional purposes. Whereupon, on a motion made, Resolved, that the Executive be requested to direct the Agent of the sinking fund to apply the monies appropriated to the said fund solely to the actual, and not conditional purchase of the public securities of this Commonwealth or of the United States, bearing an interest of six per centum, and to no other purpose whatsoever. Agreed to by the Senate Dec. 19th, 1789. Decem. 19th CHAS. HAY, Cl'k H. of D. · Decem. 19th Wм. HARTSHORNE, TREASURER OF THE POTOWMACK COMPANY, TO THE HONORABLE GOVERNOR AND COUNCIL OF STATE. Alexandria Co.'s share Petition of said Company, shewing that some time ago they made a Potomac demand of five pounds on each share subscribed to this undertaking, to demands for be paid on or before 15th of Nov'r last, and in reliance of its payment 5 pounds per many contracts bave been made necessary to the Conduct of the busi- ness; that they have applied to the Treasurer of the State for the amount, but were informed by him that there was no money in the fund appropriated to this business; that they are advised that the Gov'r with the assent of the Council, has the power to authorize the Treasurer to pay the said Sum of money out of some fund in which there is money sufficient for the purpose; that they relied on the punctual payment by the State of its proportion, and hope that the Treasurer may be author ized to pay the aforesaid demand. Resolution of the House of Delegates, and agreed to by the Senate on same day, directing the Executive to forward certain petitions claiming Payment for military services to the proper Federal officers, viz: claims of Isham Medlock, John McLogblin, Bernard Stovall, Johnson Crews, John Lennum, Thomas Wishart, Thomas Walch, Paul Shry, William Carter, John Bridges, Anderson Bryant, William Flood, Thomas Pope, Samuel Hosier, Andrew McCreery, William Grimes, David Owen, and David Woods, with the earnest wish of the General Assembly that the claims be enquired into and paid, if they be found just and right. CALENDAR OF STATE PAPERS. 85 ! Augustine DAVIS TO ARCHIBALD BLAIR, Esq. Offering to print 2000 copies of the Laws, at £12, 10s per sheet, being Decem. 19th £3, 9s, 6d. per sheet less than was allowed last session, and which on Offer for pub- lic printing account of the marginal notes, will be attended with more trouble & labour. The difference in price being made on acc't of the Extensive- ness of the Job. 500 Journals of the Lower House at £2, 15s per sheet; and 200 of the Journals of the Senate at 40s per sheet. The whole to be completed by the time the Laws of the present session are ready. COL. WM. DAVIES TO THE GOVERNOR OF VIRGINIA. 1789. I am Sir, with great respect, Your Excellency's most obedt. Servt. Decem. 20th Sir, The issues of arms and other military stores from the public maga- New York zinė by Mr. Maupin, of Williamsburg, appear to have been very con- In regard to the issues of siderable, but the only Evidence I have as yet obtained, goes no farther arms, &c., than to prove the purchase of these stores, the delivery of them to Mr. from public lic magazine Maupin, and that the militia were often in service, and the regular at Williams- troops armed; altho' this is presumptive evidence, I would willingly burg procure more direct proof, which I hoped Mr. Langhorne would have obtained, but as he has not, I have addressed the enclosed to Mr. Mau- pin on the subject. Mr. Boush appears to have been keeper of the pub- lic naval store; whether he ever accounted for his issues, I cannot say; but I suppose not, as there seems to have been no office which took up that kind of business. He lives in Mr. Yarbrough's district, but as I do not know whether Mr. Yarbrough has engaged in the collection of vouchers or not, I have thought it the most certain expedient to write to Mr. Boush on the subject. Anything from your Excellency on this business will have weight, and stimulate the various agents to afford all the information they are able at so late a day. The Commissioners of the board of three have consented that the charges founded on vouches of reception, may be sustained by vouchers of delivery, altho' they may not individually apply; a liberality of con- struction which I conceive will be productive of infinite advantage of our claims. J. Pendleton certifies that he has administered to the Honbl. John Decem. 21st Dawson, & the Honl. Jno H. Briggs, the oaths required to be taken by Henrico Co. members of the Privy Council, and the oath required by an Act of Con- gressi Privy council 86 CALENDAR OF STATE PAPERS. 1789. T. POSEY, COUNTY LIEUTENANT OF SPOTSYLVANIA COUNTY, TO Gov- ERNOR RANdolph. Decem. 21st Enclosing return of the Militia, together with arms & ammunition of Fredericks- Spotsylvania County for 1789. Will make returns of fines as soon as burg the Sheriff makes his report to him. Decem: 21st MEMORANDUM FROM AUDITOR'S OFFICE IN CASE OF JOSEPH LEIPLONG. Jos. Leiplong Suppose the distance from Richmond to Cross Creek to be 280 miles at 6d, Decem. 22d 5 day's detention at 10s, Ferriages, Received, Balance, 1 GEORGE CLENDINEN TO GOVERNOR RANDOLPH. P £7, 0s. 2, 10 4 9, 14 8, £1, 14s. Sir, Richmond Order of June 1st No longer necessary for the State to pay the I Receiv'd your Excellencie's letter, dated 20th of August last, on the twenty-seventh day of the same month, with which was Inclos'd an Extract from the Records of the Executive, dated the first day of June last, Informing me that It became no longer necessary for the State at her Own Expence to pay the Troops Called into service; and also a Copy of two letters from the President of the United States on the subject of Indian affairs. I find from the Extract Inclos'd, as well as affairs from Your Excellencie's letter, that I was particularly directed to dis- troops Indian To discharge all scouts and charge all the Scouts & Rangers by me Ordered into Service, which rangers orders I am Shure will not be Exacted of me, as I am willing to be Orders not received till upon Oath that I never Either Receiv'd or heard of them until the Auguet 27th aforesaid twenty-seventh day of August. I also find from your Excellencie's letter and the said Extract from the Hon'ble Board, That they ware dissatisfied at my Conduct In Con- tinuing more Rangers than a Serg't and twelve men. Having acknowledged the Receipt of your Excellencie's letter to that Effect," and altho' I was told in said letter that from the Representation of the Murders and thefts committed on our frontier by me stated, that your Hon'ble Board ware of Oppinion that the said Serg't and twelve men (( CALENDAR OF STATE PAPERS. 87 ܂ 1789. ware Sufficient; Yet I find In the subsequent clause that I was directed To Inform the Executive from time to time the precise number I found Decem. 22d necessary to Call into Service, which very clearly demonstrated to me that In Case actual Invasion or very Eminent danger appeared, that the Executive allow'd me to Exercise In some measure a Discrationary power; In which situation your Excellencie's letter found me, for from the time that I had the Honor to address the Hon'ble Board and the Receipt of your orders, they Indians had Committed many Hostilities, Insomuch that If I had not Receiv'd your orders for a Diminution of the number, I should from my Gen'l orders been Induced to Augment them; therefore I trust that your Excellency & the Hon'ble Board will Wishes his Reconsider my case, for in my oppinion it is an Extream bard one, For sidered while on the one hand I viewed with every aw and Respect your Excel- lencie's orders, I Beheld on the other the distressed Situation of a De- fenceless frontier, who look to me for protection; and Beg leave to men- tion that a smaller number than what was Realy In Service would have Answered no valuable purpose, as the people are very much disperced In their Situation, and the Frontier Exceedingly Extensive, which will more fully appear from the Representation of the Hon'ble James Wood, well acquainted with the Geography of that County; which Informa- tion I am Confident he will give on this occation. case recon- I Beg leave further to Represent that since the discharge of the said Scouts & Rangers, which was in three days after I Recer'd your Excel- lencie's orders-they being for the most part One Hundred miles distant from me at that time-That the Indians have killed a man In Kanawha, took a Boy of about sixteen prisoner, and a negro man and somewhere between twenty and thirty head of horse creatures; And Since I arriv'd at this place I am Inform'd by Colo. And'w Lewis, of Botetourt, that they have killed young Daniel Boon, And took his Father, old Colo. Young Dan'l Boon, prisoner. I fear this news Is true, as the Circumstances that accompany the information gives Credit to it. Boon killed Old Col. Boon prisoner I beg pardon for taking up so much of your Excellencie's time, and that of the Hon'ble Members, And have only to add that whatever aspect my conduct may Represent, I did for the best. I have the Honor to be, with great Respect & Esteem, Your Excellencie's Obt. & very H'ble Sevt. N. B. Inclos'd is the pay Roll of the Rangers, the appointment of the Scouts and time of their service, and the amount of expences Incur'd the present year, together with the Recommendation of Officers, &c., In Kanawha County; An Answer to which, I wait the determination of your Hon'ble Board. Indian hos- tilities since discharge of scouts, &c. Man killed Boy taken prisoner Horses stolen Pay-roll of rangers in- closed, &c. 88 CALENDAR OF STATE PAPERS. 1789. JOHN FITZGERALD TO BEVERLY RANDOLPH, ESQ. Decem. 22d Enclosing an address to the people, by a committee appointed at Alexandria George Town and Alexandria, setting forth the peculiar advantages Address possessed by the Potomac river and its Tributarios, as the safest, most Advantages direct, and cheapest route from the western Country, for its produce to of Potomac the sea, and being about the centre of the union, offers the most eligi- Permanent ble site somewhere on its banks, for the permanent seat of the Federal seat of the Government. The address is very able and exhaustive, and signed by Robert Peter, George Walker, Bernard O'Neill, Benjamin Stoddert, William Deakins, Jun., George Gilpin, John Fitzgerald, Charles Simms, David Stuart, and Robert T. Hooe. Federal gov- ernment Decem. 23d Auditor's office Report Decem. 23d J. AMBLER TO THE Governor. Treasurer's Specie in the Treasury on the 23d Dec., 1789, report Deduct for warrants to Scouts & Rangers up to the 26th Octo., 1789; registered warrants unpaid; mem- bers & officers of Assembly unpaid, Remains, Decem. 23d J. PENDLETON TO THE Governor. Issued to Scouts & Rangers for services in the year '88, & for Rations since 26th Octo., '89, £771, 9s, 9d. £7,149, 13s, 10d. 2,000, 0 0 £5,149, 13s, 10d. JAS. JUNES, ATTORNEY-GENERAL, TO THE Governor. Sir, Richmond I am informed that the last act of Assembly for the appropriation Opinion in of the public Revenue is not in force until some time in March next. in regard to This I assert from information, for I have not seen the Suspending Law. the law appropria- I am inclined therefore to think, that while the last act is suspended, ting the pub- the former one must operate; by the fifth section of which, the Execu- lic revenue tive may direct the treasurer to borrow out of any of the funds, for the purposes therein specified. I am Sir, respectfully, Yr. Most ob. Serv. : CALENDAR OF STATE PAPERS. 89 Sir, BEVERLY RANDOLPH TO JAMES INNES. Sir, I send you the act concerning a new Edition of Laws spoken of in your letter above, which does not in the opinion of the Executive, in any manner interfere with the question stated to you yesterday. We there- fore will thank you to favour us with your opinion upon it now. I am respectfully, JAS. INNES TO THE GOVERNOR. Dec. 24th, 1789. Yr. h'ble Servt. I am respectfully sir, Yr. most obt. servt. JAMES INNES TO THE GOVERNOR. Upon perusing the act you sent me, I am the more confirmed in More con- firmed in his the opinion given on the other side of this sheet. opinion 1789. I have the honor to be respectfully, Sir, y'r most obt. Sevt. No date Sends the Act spoken of above No date Sir, When I sent my opinion yesterday on the question submitted by the Richmond Executive, I had not seen the act concerning a new Edition of the Changes his opinion Laws, &c., and when thro' y'r means I had an opportunity of giving it a momentary survey, the last clause of it escaped my notice. I dis- cover that the last act for appropriating the public revenue has been in force since the date of its passage. By adverting to the sixth section of that Law, I have no doubt but that the Legislature, by omitting to Thinks that mention the warrants issued to Scouts and Rangers, among the other papers in the said clause contained, for which the Executive in cases of certain deficiencies are empowered to make a provision by Loan, must have intended to exclude them from the benefit of such provision. warrants to scouts and rangers are excluded from the pro- visions of the act Decem. 23d L. WOOD, PUBLIC SOLICITOR, TO THE GOVERNOR. Decem. 23d Enclosing the acct. of expenses in forward'g Executions & notices Richmond previous to last court, for balance of which £74, 8s, 8d, he asks an order to the Auditor. 12 90 CALENDAR OF STATE PAPERS. • 1789. Decem. 24th Claim Decem. 24th 4 Decem. 24th A. HAMILTON, SECRETARY OF THE TREASURY, TO THE GOVERNOR. New York THOMAS UNDERWOOD TO THE GENTLEMEN IN COUNCIL. Calling their attention to the fact (when his petition lately offered is under consideration), that his claim stood charged on a branch of the Revenue Law in 1784, and continued so till the Tax under that law was repealed, when he was left without any fund except his claim, can be put on the Aggregate Fund, which he thinks the Executive Authorized to do, as all similar claims have been so placed, & as the State cannot be injured he hopes his claim will be so arranged. Says that the only dis- tinction between his claim & Bosserans, Carbinces & Co., is that they are foreigners and Gen'l Clark a native. Sir, Treasury I have been duly honored with your favors of the 28th of November department & 5th of December, with their inclosures, And I beg leave to make my acknowledgments for the attention which has been paid to their early transmission. I presume in the account transmitted, the Arrears of In- terest have been added to the principal; should the contrary be the case, permit me to request that a statement of those arrears, if any exist, may be forwarded as speedily as possible. I have the honor to be, with great respect, Sir, Your ob't & hbl. Serv't. COL. WM. DAVIES TO THE GOVERNOR. Stating that he had received his letter of the 8th instant, with en- closures, and a packet of papers by Mr. Beckley, who informs him that he was desired to take charge of a box of papers for him, but not being entered in time at the Stage office; it remains still at Mr. Blair's. The box brot on by Mr Griffin had safely arrived, and contents properly applied. Regrets the delay of the other box, especially as the commis- sioners limit him to a short period for the introduction of vouchers. Thanks his Excellency for referring him to the files of Congress & the war office for information on many subjects sought from the Executive. This resource had not escaped him, but he looked on the papers in the publick offices under Congress, as vouchers already presented, and from that circumstance all benefit from them already secured to the State. Thinks that the returns from the Southern army are in every respect, CALENDAR OF STATE PAPERS. 91 1789. Mileage less exact and complete than those from the Northern. Will postpone recurrence to those offices till the period of bringing in vouchers ex- Decem. 24th Returns pires. He is surprised at the difficulty among the collectors about from south- milage. Thinks nothing could be easier or more simple, than to make ern army not Enquiry in Each County, whether any officers or men from it went to as complete South Carolina; for instance, in the spring of 1779, to join Gen'l as northern Lincoln; or to North Carolina, in the spring of 1781, to join Gen'l Greene, & so, with respect to other calls of the militia. Collectors should not depend entirely on Commandants of Counties for this in- formation, but apply to the parties themselves as they find them, & so obtain the fullest and most satisfactory information. Cites the case of his Excellency, to show the ease with which the desired facts may be obtained, by application to those who were personally acting in them. Wishes his Excellency to have the information concerning his militia command properly certified, & give the computed distance of the march of the militia of his three Counties, from their several Court-Houses to High-Rockford, & to Ramsay's mills on Deep River, & of the greatest number composing his command at any one time. Mr. Dunscomb de- nies receiving from the Auditor's office the papers mentioned in Mr. Pen- dleton's certificate. Thinks it probable that no other settlement has been made at Auditor's office, than for the disbursements of money, but none for stores, which account is wanting. Capt. Thomas, who directed the Rope walk, is dead. Probably Col. Thos. Newton can obtain all his public papers from his representatives, in relation to supplies from the Rope walk for the gallies, public cruising vessels, & for other naval or military defence. If Mr. Yarbrough would make the application, it would be much better, and save Col. Newton that trouble. Is led to suppose from his Excellency's letter that Mr. Yarbrough's place has /been substituted by Major Williams. He knows Major W. to be a man Major Wil- of ability, diligence, and honesty. Not knowing of the substitution of Williams, & feeling unhappy at the disappointment which has taken place, in that district, he says that he in a letter of a later date, recom- mended a division of the district, and the appointment of Mr. Roney & Mr. Price, giving to one, the counties to which Col. Newton was for merly district commissioner, and to the other, those which Yarbrough himself formerly superintended in that character. Hopes that this business will be arranged as speedily as possible, and so avoid injurious delays. Suggests that Mr. Gressit Davis of Petersburg, as a proper person to engage to state and authenticate the supplies & services of every kind, obtained by George Elliot for war purposes, & which were not paid for by the Continent. Thinks the amount will be immense. Has applied more than once to Davis, but being rather a mercenary man, wished for engagements he had no power to make. liams Will draw on 1st day January next, upon the Governor for his ac- count, which will then be due, & concludes that there is no living in this Expensive place without money. Mr. Yar- brough 1 Mr. Roney Mr. Price Gressit Davies 92 CALENDAR OF STATE PAPERS. 1789. J. Knox, SECRETARY OF WAR, TO CAPTAIN THOMAS HOLT. Decem. 24th Ordering him to deliver to the order of his Excellency, Governor Gunpowder Randolph, 2,000 weight of Gunpowder and lead in proportion, according and lead to the quantity furnished by the state of Virginia to the Chicasaw Nation. Decem. 27th Decem. 29th JOHN MORTON TO HONORABLE JAMES WOOD. Saying that he had received on last Even'g his order of the 4th Dec., and a Copy of Mr. Sam'l H. Saunders' letter; that his transactions with Saunders were as district Commissioner. Is sorry to have to contra- dict almost the whole of his letter. He had great difficulty in bringing him to a settlement for the public wheat in his mill, and finally suc- ceeded in getting his bond, which he promised to pay in a short time; he has never paid a shilling; had waited on him about two years. The last time he asked him for a settlement, he for the first time brought up the charge of the flour barrels, which of course I could not allow, but referred him to the Executive. Thinks this charge a trumped up one. Is now very unwell with the general disorder that prevails through the county, but as soon as he can ride, will carry out his Excellency's orders. to him. THE JAMES RIVER COMPANY TO GOVERNOR RANDOLPH. Sir, Broad Rock Calling for £15 on each The James River Comp'y at their last meeting on the 26th instant, Resolved that their should be paid the sum of Fifteen pounds on each share at three payments for the expenses of the ensuing year, and share Flattering from the present situation of the Canel, we have the flattering prospect prospects of of making very considerable progress in this business the ensuing year. the canal We are now taking measures for Carrying on the Work with vigour. We shall therefore be much obliged to your Excellency for a Warrant on the Treasurer for the sum pay'ble by the Common Wealth agreably to the said Requision, that we may use it from time to time as the money may be needed. ·· As Directors, We are, Sir, Your humble Servants, JOHN HARVIE, DAVID ROSS, WM. FOUSHEE. CALENDAR OF STATE PAPERS. 93 JOHN AMBLER TO THE GOVERNOR. JOHNNY SCOTT TO THE EXECUTIVE. Certifying as Justice of the peace that Benjamin Johnson, Lt. Col. of Decem. 31st the militia, made oath before him that he never yet had received any Orange Co. monies into his hands by virtue of his office. I am with great respect, 1789. Sir, office There appears to be at this time in the Treasury belonging to the Treasurer's several funds, £5,210, 168, 11d, specie. Several of the members, the offi- cers, and expences of assembly still remain unpaid; the sum of £1,200 is also to be reserved for the senators and Delegates to the Continental Congress, and probably some other specific payments ordered which have not yet come to my knowledge. It will require some time to post up the accounts of the several funds, whereby alone the specie belonging to each can be ascertained. Your Excellency's most obed. Serv't. ¿ Decem. 31st Report of specie in the treasury SAM. COLEMAN TO THE GOVERNOR. Stating that the County Lieuts. of the following counties had made January 1st returns of their militia strength since last report, and are duly entered in the General Return, viz: Nottoway, New Kent, Rockingham, Essex, Fayette, Washington, Prince Edward, Louisa, Amelia, Augusta, Rich- mond, Northampton, Orange, Surry, Charlotte, Spotsylvania, Nanse- mond, Caroline, & Shenandoah; County Lieuts. of Dinwiddie, Mecklen- burg, Halifax, Isle of Wight, Henrico, Richmond, & Amherst have made oath that they have received no fines or other monies by virtue of their office. C'ty Lieut. of New Kent acknowledges on oath a balance of muster fines in his hands of £19, 3s, 4d, and the C'y Lieut. of Nanse- mond acknowledges the reception of £46, 10s, Od. for fines, &c., but brings the County in his debt the sum of £52, 9s, 6d for clothing fur- nished the light Infantry of said County to the amt. of £98, 19s, 6d. This being the first charge of this nature which has been made, but is justified by the militia Law. The C'y Lieut. of Charles City has re- signed. * 1790. Militia returns 94 CALENDAR OF STATE PAPERS. 1790. January 2d United States January 4th Act of the second session of Congress (printed), for regulating the New York Military Establishment of the United States. The number of Non- Commissioned officers, privates, and musicians to be 1,216, and shall Military Establish- ment of the serve 3 years, unless previously discharged by law. They shall be able- bodied, not under 5 ft 6 inches high without shoes, not under 18 nor above 46 years of age. January 4th New York January 4th THOMAS PARKER TO Giving an account of vouchers collected in district No. 7, for Beeves, Bacon, Corn, Tobacco, &c., in favor of King George, Lancaster, Acco- mack, Northumberland countics, and reporting his inability to obtain information from Richmond, Westmoreland, & King George counties on account of the death of the Commiss'r, loss of papers, &c. Upon the return of Rich'd Henry Lee, County Lt. of Westmoreland, thinks he will be able to obtain some satisfactory information respecting the dif ferent drafts. Act of Congress at its second session to Enable the officers and sol- diers of the Virginia Line on Continental establishment to obtain titles to certain Lands lying Northwest of the river Ohio, between the little lands to offi- Miami and Sciota. Bounty cers and soldiers of Virginia line January 5th Public Tobacco Then come full instructions as to the officers to command the troops; the formation into one regiment of infantry to consist of three battalions and one batallion of artillery, &c., &c., pay and subsistence, &c. M J. PENDLETON, AUDITOR, TO THE GOVERNOR. In relation to certain charges of interest claimed on Oliver Pollock's bill of Exchange for $3,278 (silver), drawn on Messrs. Penet, DaCosta, Freres & Co., of Nantes in France, & purchased by Michael Perreau, of New Orleans. HARRY HETH TO Transcript from sales of public Tobacco from 9th November to 26th Dec'r, 1789, inclusive, being 297 Hogsheads, and amount'g to £3,107, 3s, 9d, prices ranging from 13 to 20s. CALENDAR OF STATE PAPERS. 95 1790. } L. WOOD, PUBLIC SOLICITOR, TO THE GOVernor. Stating that James Herren, of Norfolk borough, offered this morning January 6th to pay a bond given by Moses Myers and James Douglass, of said Bor- Richmond ough, for £502, with military certificates, the Interest to the 1st Instant drawn. He wishes to know the Executive's opinion in regard to accept- ing this offer. This transaction seems to have arisen from the public sale of the State's boats, Liberty and Patriot, with their guns, rigging, & apparel, a whale boat and searcher's boat; all of which appear to have been offered at Maxwell's wharf for sale by George Kelly. WM. HAY TO THE GOVERNOR. January 6th Informing him that the Directors of the Public buildings have con- Richmond tracted with Moses, Austin & Co., to cover the roof of the Capitol with Contracts for lead; also with Dabney Minor to furnish the materials and do the covering the roof of Capi- wooden work; also with Andrew Hosie and James Kerney to pave the tol with lead &c. General Courtroom and the Portico. They will require some advances. Agree to Some little plastering and painting, and finishing the flooring are also advance necessary to be done; they have agreed to advance Austin & Co. £600 upon their executing the contract & giving bond and Security for its performance £300 will answer for the other purposes named. The How balance is to be paid contractors agree to receive the balance out of the arrears of taxes of 1788 & the surplus of the Tobacco duties, unless when the work is fin- ished they prove unproductive; in which case, it would be reasonable to borrow from some other fund. He desires the Governor to lay this matter before the Executive Board, that the measures may be taken for raising the amounts named, so that the work may be bastened as rapidly as possible. M. ANDERSON to GovernoR BEVERLY Randolph. January 6th Enclosing sundry affidavits stating that from the evidence, James, Gloucester Co. (negro slave of Jno. Lawson, tried for robbery, and condemned by the Gloucester Court on Nov. 2d, 1789,) did not come within the law against Negro slave James forcible entry and robbery, by putting person or persons in bodily fear. Nobody was in the house at the time, and no locks were broken. Thinks he has suffered sufficiently-being naked, chained to the floor, his flesh worn by the irons, and his coffin kept steadily in his view. Prays for a pardon absolutely, or a reprieve till the facts in Evidence Can be stated & presented to the Executive. 96 CALENDAR OF STATE PAPERS. i 1790. January 7th Chesterfield County Certifying that Edw'd Archer, the Inspector of Tobacco at Jno. Bolling's warehouse, died on the 3d inst., and that Mr. Jno. Rowlett was appointed a Inspector, & wishes now to have a com's as Inspector. Inspectors Says that Mr. Rowlett Gill comes as security for Mr. Wm. Rowlet, and Tobacco thinks him sufficient. Middlesex Militia GEO. ROBERTSON TO THE GOVERNOR. January 7th Certificates of sundry persons in the case of Jno. Morton, District Powhatan Commis'r againt Saml. H. Saunders, a miller of Powhatan Co., who claims a credit for a certain number of flour barrels that he alleges were furnished the public by him during the war, and for which he had never been paid; and which Morton declined to allow him for in the settlement made with him, giving as his reason, that he had no authority to allow it, but promising if he would close the matter, & give his bond, that he, Morton, would see that the claim should be properly presented to the Executive. This he has failed to do, & has brought suit and obtained a judgment against Saunders for the bond. These certificates indicate that Saunder's mill books and accounts were accurately kept, and evidently seem to show that his claim was a reasonable one. January 9th January 8th GEO. BIRD, COUNTY LIEUTENANT, TO GOVERNOR BEVERLY RANDOLPH. Enclosing a General return of the militia of Middlesex County for 1789, with arms & accoutrements, being 1 Regt., 1 C'ty Lt., 1 Col., 1 Lt. Col., 1 Major, 3 Capts., 3 Lieuts., 3 Ensigns, 12 Sergts., 1 Drummer, 1 fifer, 249 Effective men, 80 good muskets, 41 bad, 14 good swords, 1 good spontoon. Frederick 4 WM. ESKRIDGE TO THE GOVERNOR. Informing him that the business entrusted to him lies in such distant & remote places, he fears he will not be able to furnish it by the time required by Col. Davies. Will however, use every exertion, & get it finished as soon as possible. CALENDAR OF STATE PAPERS. 97 [ 1790. HARRY HETH TO THE GOVERNOR. Sales of Tobacco Enclosing memorandum of am't of Sales of Public Tobacco from 1st January 9th Feb., 1789 to the 26th December, being 2,989 Hhds., amounting to £31,498, 2s, 1d, also an account of his travelling expenses to the different Warehouses, & incidental expenses of his agency from Mch 2d, 1789, to Dec. 26th, being £39, 9s, 2d. Agency expenses CAPE HENRY LIGHT-HOUSE ACCOUNT WITH BASSETT MOSELEY, CLERK January 9th AND TREASURER. From Feb. 25th, 1774, to Sept. 22d, 1777, amounting to £8,113, 4s, 4d., Norfolk with a certificate from Thomas Newton, Jr., one of the Commiss'rs, Cape Henry that he had examined said account with a book kept by s'd Moseley, Lighthouse and found them to correspond. ; HARRY HETH TO THE Governor. Hopes that he will excuse him for writing on business on Sunday, Richmond but Mr. Scott leaves in the stage to-morrow, he thinks it necessary to Mr. Scott have his advice. He offers 17s. specie, or 19s. Half cash, & War for His offers for 200 Hhds. of Rappah'k and upper Powłomack Tob'o. This is 150 to the best offer he has ever had for that quality. Mr. Scott will take no Tobacco inspected prior to the year 1789. tobacco Jan. 10th ARMISTEAD LONG TO GOVERNOR BEVERLY RANDOLPH. Enclosing a detailed Statement of his proceedings as a collector of Richmond vouchers for District No. 6, composed of the 8 large Countics, to-wit: Prince William, Stafford, Culpeper, Fauquier, Loudoun, Fairfax, Spotsyl-. vania, & Orange, and asking a proper allowance for his services, &c. Jan. 11th GEO. CLENDINEN TO GOVERNOR RANDOLPH AND THE HONORABLE MEM- Jan. 13th BERS OF COUNCIL. Desiring that they would examine the Enclosed papers, and report to Richmond him (that he may inform the holders), What measures are to be pursued regarding them; also, offering to take out any public papers the Execu- tive may have for Greenbrier or Kanawha. UorM 13 98 CALENDAR OF STATE PAPERS. 1790. SAM'L SHEPARD AND J. CARTER, JR., (CLERKS IN PUBLIC OFFICES), TO THE GOVERNOR. Jan. 13th Asking permission to occupy one of the Committee rooms of the Richmond Capitol during the recess of the Assembly. The difficulty of procuring Asking per- lodging contiguous to the offices, (which seems to be the wish of Mr. Pendleton), induces them to make this application. mission to lodge in one of the com- mittee rooms Jan. 13th The above letter was sent to Gen'l Wood by the Governor (he being indisposed) in council, with the remark that he thought great caution should be used in admitting any person to lodge in the Capitol. Thinks that similar requests were refused when the public buildings were far less valuable than the Capitol; would like to have his advice upon the subject at the Board. JAMES WOOD, LIEUTENANT Governor. Richmond Reports that in obedience to the advice of Council of the 17th ultimo, Reports the he had visited Cape Henry in order to ascertain the present situation of the materials the materials placed on the head-land of the Cape for the purpose of situation of house at for light- erecting a Light-House. He discovered from the books of the Com- Cape Henry miss'r, and also from information of Col. Thos. Newton (one of them), that Virginia & Maryland had appointed the same commiss'rs; that they had rec'd from Virginia £5,418, 7s, 101d, and from Maryland £2,489, 16s, 51d, which sums were expended for stone, fr't to the Cape, Cartage to the spot which was intended for the sight of the Light-house, and other necessary expenses. Found the quantity of stone on the spot about 4,036 Tons, which was supposed to be sufficient for an octagon Light-House 72 f't high, diameter at base 26 f't, 9 inches, and at top 16 feet, 6 inches; walls to be 6 feet thick at the base, and 3 feet thick at the top; foundation to be 13 feet deep; the building to be divided into seven stories, besides the Lantern. The Stone was purchased at a quary on Rappahannock river at seven shillings the perch-Each perch estimated to weigh 3,004 lbs., fr't averaged 13s, 6d. per ton, and cartage to the spot fixed on for erecting the Light-House 6s, 24d, so that Each ton stood the public where it now lies, 24s, 4d, Virginia Currency. Thinks that the same stone could not now be purchased and landed at high water on the Cape for less than 20s. per ton. There were 150 Hhd. of Lime placed with the stone, but they Appear to have been Carried off, or rendered useless by the Hhds. falling to pieces, or being buried under the sand. The Commissioners estimated the whole necessary expenses of build- ing the Light-house, dwelling-house, and Eight buoys to be placed in CALENDAR OF STATE PAPERS. 99 the Chesapeake at £13,000, Virginia currency. Thinks that nothing at present can be counted on but the stone. The buoys were provided by this state, but the copper was afterwards converted to other state pur- poses. The whole of the stone is covered by drifting sand 20 to 50 feet deep, & the digging out will probably amount to half its value in expense. He declined making any contract for recovering the stone, as it is not known whether the General Government will build with stone; thinks that an immediate attempt should be made to dispose of it to the Government as it now stands, or recovered from the sand, which Ever should be thought the more advisable. Wm. Clayton, clerk of New Kent Co. Court, certifies that William H. Macon, high sheriff of this county, came into court and gave notice that he intended to resign his commission at the next February Court. 1790. Jan. 13th Informing him that Col. Gilpin, one of the Directors and Mr. James Smith, their manager, last July & August, surveyed the river from Tide water to the mouth of Savage, connecting their work with former surveys, which had been carefully made; from the whole of which the charter plan accompanying this has been formed, and which they are satisfied is accurate. These gentlemen have no doubt that navigation will be extended to the mouth of Savage, & think it may at considerable expense, be connected with the western waters, several of which, they visited and examined. Inland navigation is now constantly performed by Batteaux of ten tons burthen, and upwards, from East Cumberland, and a considerable distance within the South Branch to the Great Falls, within nine miles of Tide water, the boats returning on an average of twenty miles a day. The navigation has already become useful. The falls at Shenandoah which had never been passed, are now rendered Jan. 14th New Kent Co. JAMES Gordon, JAMES TAPSCOTT, AND OTHERS TO THE GOVERNOR. Co. A memorial asking pardon for James, a negro man slave, of Joseph Lancaster Shearman, tried at a court of Oyer and Terminer for sheep stealing, on Jan. 16th, 1790, convicted and sentenced to be hung. This slave being young, and his first offence, besides the evidence in their opinion not warranting the rigor of the sentence. Jan. 16th THOS. JOHNSON, PRESIDENT OF THE POTOMAC COMpany, to GovernOR Jan. 16th RANDOLPH. 100 CADENDAR OF STATE PAPERS. I 1790. safe and easy. They now require but little labor to put them in the Jan. 16th state they are designed to be left. Seneca Falls are completed, as well as the Canal at the Great Falls, where the Company's force is now em- ployed preparing seats for the Locks. Detached rocks in some places must be blown, & shallows deepened by narrowing or obstructing the current, which is all that remains necessary to be done above the Great Falls to the mouth of the savage. They expect to accomplish this in one favorable season. It will require some time to cut the Canal at the Little Falls, and fix the Locks there and at the Great Falls, with the little labor necessary in the intermediate space, tho. they have no fears but the whole will be completed on as little expense and to more general benefit than was first expected. Not being as well informed as to the navigation of the Potomack and the distances on Tide water, as the merchants & others of Alexan- dria & George Town, they beg leave to enclose a printed copy of their statements, which they think can be depended upon. Jan. 18th L. WOOD, PUBLIC SOLICITOR, TO THE HONORABLE JAMES WOOD, JAMES MCCLURG, AND CARTER BRAXTON, ESQ'RS. Richmond office Stating that he had rec'd their letter respecting the Executive super- In regard to intendence of his office, the necessity of their being furnished with a the books, state of the books kept, & of all papers properly coming in and deposi- &c., kept in Solicitor's ted in his office. He says that originally no books were intended to be kept in this office, but finding it impracticable for the public books to be always posted so as to ascertain an exact balance due from any public debtor, he was compelled to make use of temporary ones for the sheriffs, to aid him in forming the accounts preparing for Judgments. These books have in course of time become useful in finally adjusting the accounts, & the books in the Auditor's office will be Closed from them; after which, they will be of very little Consequence. Considerable diffi- culties have arisen from the want of similar books for Every other species of Public debtors, in proceeding against Inspectors, clerks, and naval officers; he has waived. it, hoping to ascertain the balances from the several collectors by the Auditor's books previous to March, 1787, which are now in this office, and he hopes nearly effected. The papers properly coming into this office now, are the Returns. from the Tax Commissioners in the several Counties, Sheriffs & Inspec- tors' Bonds, with all other papers relative thereto & necessary for ob- taining judgments, & pursuing them to the recovery of the money. Some of these remain here, & others are finally lodged in the auditor's office. Any other information necessary for the Committee will be given on requisition. CALENDAR OF STATE PAPERS. 101 PETER WILLIAMS TO GOVERNOR B. RANDOLPH. Says that on perusing the papers sent him for Collecting vouchers to Jan. 18th establish the claims of this State against the United States, he finds a great part of them scarcely practicable; he has, however, begun the business, and will do all in his power to complete it. ܕ܃ · G 1790. BARTLETT WILLIAMS, ATTORNEY FOR THE COUNTY, AND THE MEMBERS Jan. 18th OF THE COURT TO THE GOVERNOR AND THE HONORABLE, THE COUN- CIL OF STATE. Prince George Collecting vouchers Co. Petition for the pardon of Phil., negro slave of Wm. Tyree, tried & New Kent convicted of felony, and sentenced to be hung. The court declare that the Commonw'lth's attorney showed them a law for hanging the said - negro, and that upon their afterwards Coming into the Tavern, they were informed by the Honl. Edmund Randolph that the law under which they were led to act was not in force, and the offence was punish- able by brarding in the hand. The attorney & court all unite in the prayer for pardon. ers. He will endeavor to procure a longer time for the admission of vouch- North Carolina is in some instances as tardy as we have been, and he thinks it as well, perhaps, to waite the arrival of members from that state, hoping that they will bring forward a proposition for the purpose, Petition for the pardon of slave Phil. COL. WM. DAVIES TO GOVERNOR BEVERLY RANDOLPH. Has received his Excellency's letter of the 30th ulto. & in consequence of the directions of the Assembly, will do nothing in regard to the Shawanese accounts, but by advice of the delegation from the state, thinks it unfortunate that Genl. Clarke's letters & vouchers should be missing for tho' the vouchers may apply perfectly to the charges, yet the necessity & propriety of the expeditions could probably be sus- tained only by the correspondence between the Executive and the Western officers. Says that excepting a few papers by Mr. Beckley, and the Shawnese account from Mr. Pendleton, he has rec'd nothing from Virginia since the box by Mr. Griffin. Has heard but little from the collectors. The Board of three began to act on January 19th last, and continued 3 months when Mr. Baldwin resigned, since which time thay have never made a board nor pointed out what resigned proofs they require. The ordinance constituting the Board requires that they shall all be present-their continuance in office is limited to 18 months from the time of their commencing to act. Jan. 18th New York Shawnese Accounts Board of three Mr. Baldwin North Carolina 102 CALENDAR OF STATE PAPERS. 1790. Jan. 18th New Hamp- shire and New York Mr. Ronald Jan. 19th Harrison County which, if supported by Virginia, will probably succeed. He is the more inclined to this delay as Mr. Madison & two other members from our state have not yet arrived, besides the present members of the Board of Three have consented to receive my vouchers till Feb'ry 1st, though re- marking that strictly no new evidence can be offered after the 19th of this month, being six months before the end of the 18, the period of their existence. The money & supplies managed by Mr. Ronald in the earlier periods of the War appear to have been considerable, but he has no papers in his possession that prove their proper application. Col. Mayo Carring- ton, in whose district he was, says nothing about him in any of his papers, & probably was not acquainted with the agency of Mr. Ronald. Would be glad to have the clerks in the different offices look over their files for the papers of Mr. Armistead for 81 & 82. His books for that year appear to have been once in the possession of Mr. Dunscomb, who thinks probably they have been placed in some of the offices for occa- Capt. Peyton sional purposes. Says that Capt. Peyton has never settled his accounts The New Hamshire & New York Assemblies have lately appointed persons to search their public offices for vouchers to support their accounts against the United States. The members from those two states will concur in a measure which may promote their views in this respect, though if they should conceive it of much consequence to Virginia, they might be less disposed to favor it. & therefore his issues of stores, which were considerable, do not appear. As he would not probably attend in Richmond, suggest that Mr. Price be sent up, or some other, for the special purpose of procuring the amount and vouchers for services & supplies. He encloses the copy of the reso- lutions of the New York Assembly, which have just appeared in regard to their claims against the United States. He would be glad to be furnished with an account of all the military land warrants which have been issued by Virginia. In the general account rendered to Mr. Winder of advances for county, he has made a charge for the lands allowed by law to the Virginia troops, though he expects that it will not be admitted without dispute. Thinks that from the sentiments of New York, & upon more mature reflection, the lands actually granted for military services, may be supported as a just charge against the United States at such price as may hereafter be agreed upon. For this purpose it will be necessary for him to be furnished with a list of the warrants. Will thank his Excellency for £10 on account. COLONEL BENJAMIN WILSON TO GOVERNOR BEVERLY RANDOLPH. Enclosing a return of the proceedings of a court-martial held in Har- rison Co., for the trial of Capt. John McCally for being drunk, & behav iour unbecoming an officer. CALENDAR OF STATE PAPERS. 103 Ordered, that he be censured, and that his Command devolve on his Lieutenant for one year; after which, if he prove before a Board of officers that he has behaved himself as becoming an officer, in the mean while, he shall be restored to his Command. John Harvey certifying that Thomas Madison, Esq., made oath before Jan. 19th him, a magistrate, that he would support the Constitution of the United States, & well & truly discharge the office of a Councellor of this State. Henrico : 1790. Trial of Captain McCally for drunkneness ROBERT PORTERFIELD TO GOVERNOR BEVERLY RANDOLPH, Stating that the heavy rains lately have rendered it impossible to Augusta Co. make any headway in Collecting vouchers. Has done, and will do all Collecting of that is possible, though does not expect that this District will prove of much consequence. vouchers P. PELHAM, CLERK COURT, TO THE GOVERNOR. The Court recommends Benjamin Goodrich, John Goodwyn, John Greensville County Fisher, & Wm. Sykes, Gent., for Justices of the peace, and Lockett Mitchell to be coroner in place of Peter Pelham, resigned. Jan. 19th With Sentiments of Esteem, I have the honor to be Your Excellency's most obedient Servant. Jan. 20th GEORGE WASHINGTON, PRESIDENT OF THE UNITED STATES, TO GOVERNOR Jan. 22d RANDOLPH. Sir, As it is of considerable consequence to the Public that a letter which I have just written to Mr. Jefferson should reach him at as early a period as may be, and as I am unacquainted with any other certain channel of Conveyance, I have taken the liberty of enclosing it to your Excellency. The importance of having it delivered to him with cer- tainty and expedition, I hope will be Considered as an apology for the trouble which may be occasioned by this measure; and even for the farther favor I am about to ask, of having it dispatched by a particular Asks to have Messenger, in case no opportunity (that might with safety be depended it dispatche upon) should present itself of forwarding it in a short time from Rich- Monticello mond to Monticello. to New York Enclosing a letter for Mr. Jefferson 104 CALENDAR OF STATE PAPERS. 1790. JNO. S. LANGHORNE TO BEVERLY RANDOLPH, Esq. Jan. 24th Enclosing all the vouchers remaining in his possession, with Every Warwick Co. information he could Collect under the last instructions from Col. Davies. Vouchers Encloses his acct. of expenses, & desires that the balance due him be handed to Miles Cary, Esq., from this county. Jan. 25th JNO. ROANE, JAMES RUFFIN, JAS. HILL, ISAAC QUARLES, AND FRANCIS Dandridge, MAGISTRATES, TO THE GOVERNOR AND THE MEMBERS OF THE PRIVY COUNCIL. King Wil- Informing them that Thos. Butler was deemed inadvisable to dis- liam County charge the duties of sheriff, to which office he had lately been commis- T. sheriff sioned, and he is about to remove from this county to Henrico; That Jno. Hill's they were informed that Jno. Hill had made application to be appointed application sheriff of said county on the resignation or incapacity of said Butler. for the place Reasons why This is to assure your Honors that Jno. Hill is conceived by them to be he should a very unfit & improper character to be entrusted with that important not be appointed office, because he has not for years discharged the duties of magistrate, & has (as they have been credibly informed,) denied & referred persons coming to do business with him to some other justice, & that he has not taken the Federal Oath agreably to the Constitution before Aug't 31st, or since, until within a very short time, when he saw an opening for the sheriffalty of this county. Jno. Quarles, cl'k of court, certifies that T. Butler came into court & produced his commission as sheriff of this county, and said that he could not furnish the security, which was ordered to be certified to the Executive. Jan. 27th New York A. HAMILTON, SECRETARY OF THE TREASURY, TO THE GOVERNOR. Sir, I am favored with your letter of the 11th instant, enclosing a Cer- tificate from the Auditor of the State on the Subject of my inquiries of the 24th of last month. Be pleased to accept my acknowledgments for the attention you have shewn on this occasion, and to believe me, With perfect respect, Sir, - Your most obed. & h'ble Serv't. CALENDAR OF STATE PAPERS. 105 GEORGE WASHINGTON, PRESIDENT OF THE UNITED STATES, TO THE GOVERNOR. 1790. Sir, Jan. 29th I have been duly favored with your Excellency's letter of the 14th instant, enclosing General Wood's report respecting the materials which New York were placed upon Cape Henry by the States of Virginia and Maryland, Materials for for the purpose of building a Light-house, and have put both the letter Lighthouse on Cape and report into the hands of the Secretary of the Treasury, who is Henry authorized by Law "to provide by contract, which shall be approved by Secretary of Treasury the President of the United States, for building a Light-house near the authorized entrance of Chesapeake Bay." I have also directed him to write to your Excellency upon the subject, and to take such steps in the business as may tend to a speedy accomplishment of the desired object. to contract for Light- houses I have the Honor to be, with very great esteem, Your Excellency's most obed't & Huml. Serv't. sion to U. States neces- sary In the first place, it will be necessary that a deed of cession of the Deed of ces- land upon which the Light-house is to be erected, should be executed from the State of Virginia to the United States; and when this is accom- plished, as the building of the Light-house is to be done by Contract, it Light house is probable that the person or persons who may contract for the build- ing of it, will make such agreement for the materials as to them shall seem proper; and in this case, the expediency of their being purchased immediately by the United States will be superseded. to be built by contract COLONEL WM. DAVIES TO Governor BEVERLY RANDOLPH. Informing him of the arrival of the two boxes & his letter by Express. New York Is pleased at their reception before the 1st of February, to which time In relation to claims he is at present limited by the Commissioners of the General Board. against U. Hopes, however, that they will not be rigid, tho' their authority is some- states what circumscribed by the Act of Congress. Our Delegates are fearful of an application to Congress for a longer time for the admission of Evidence. Virginia has been so frequent in her complaints of different kinds on this head, that every measure must be brought forward with great caution. The accession of North Carolina and the relinquishment. of Territory lately made by her to the United States, seem to render an application by her most promising of success. Her Senators are here, but as this more properly belongs to the Representatives, it will be neces- sary to wait their arrival. Meanwhile endeavors must be made, if pos- sible, to influence the Board of three to propose something necessary to accomplish the object of their appointment more fully than the Existing Jan. 29th 14 106 CALENDAR OF STATE PAPERS. 1790. Jan. 29th Jan. 30th Acts of Congress seem at present to authorize. He finds it a peculiarly fortunate circumstance to have the books of the Executive (mutilated as they are) with him, as frequently advances of money on account can nowhere else be found, owing to the imperfect construction of other Boards, and the destruction of papers by the Enemy, which tho' of itself only presumptive Evidence, yet combined with information from other documents, frequently rises to positive proof. Hopes that the vouchers from the Collectors will be forwarded as early as possible. Would like to retain all the papers & documents in his possession for the purpose of Comparing them before handing them over to the Commis- sioners, but that cannot be done. It may be necessary for him to have the Acts & Journal of the last session of assembly, which may be for- warded by water as opportunities are frequent. Sir, Jan. 31st G. NICHOLAS TO GOVERNOR RANDOLPH. Danville to late attor- Having been informed by some of my friends that they have men- Mentioned tioned me to the Executive as successor to the late Attorney-General as successor for the district of Kentucky, I now take the liberty of informing your ney-general Excellency that if I am honored with that appointment, I will discharge of District of the duties of the office to the utmost of my abilities. Perhaps it may Kentucky be proper for me also to add that I have not, neither shall I accept of my commission as attorney to the federal court within this district. I am, with the greatest respect and Esteem, Your Excellency's most ob't Serv't. FRANCIS PRESTON AND JAMES BRECKENRIDGE TO THE GOVERNOR. Montgomery They write in relation to difficulties likely to arise with the magis- Co. trates, County clerk, &c., of the new county of Wythe, which was New county of Wythe formed out of the County of Montgomery at the last session of the Assembly. They say that some of the competitors have written to the Executive in regard to these offices, and persons are recommended, which, if confidence be reposed in, the county will be likely to suffer. List of mag- They send the names of the old magistrates, whom they think should istrates in retain their commissions in the new County as they reside in that part. Wythe These are Walter Crockett, James McGavock, Andrew Boyd, William Davies, James Newell, Robert Sayers, William Ward, William Love, Jehu Stephens, John Adams, John Thompson Sayers, David McGavock, Hourer Swift, & William Thompson. Jas. Newell James Newell is recommended for High Sheriff, being entitled to it for sheriff by rotation. CALENDAR OF STATE PAPERS. 107 · THOS. PARKER TO GOVERNOR RANDOLPH. Jan. 31st berland Vouchers Finds great inattention in the persons formerly at the head of the business, in preserving vouchers for the payment of money advanced Northum- for the recruits; can get but little information; will be in Richmond shortly & will bring all the vouchers then obtained. Directing his letter to Westmoreland instead of this county, he fears some valuable vouchers from Col's Lee & Peachy have miscarried, as he requested in that letter to direct to him in Northumberland. J. AMBLER TO THE GOVERNOR. Specie in the Treasury on 1st Feb., 1790, Deduct for Warr'ts unpaid to Scouts & Rangers due pr. order of the Executive, - P - For do. to Foreign creditors under apportionments of the Executive, Registered Interest warr'ts supposed about, £324, 14s, 10d. 84, 16, 0 200, 0, 0 Remains seventeen hundred and sixty pounds, 10s, 3d, 609, 10, 10 February 1st £2,370, 1s, 1d. Report of specie in treasury on Feb. 1st, 1790 £1,760, 10s, 3d. 1790. SAM. COLEMAN TO THE GOVERNOR. Reports that militia returns have been made from Amherst, Prince George, Pittsylvania, Greensville, Powhatan, and King & Queen; county Lt. of King & Queen has resigned. The clerk of the Court-Martial of Goochland for 1788, has stated that the Fines assessed amount to £139, 10s, & are in the sheriff's hands for collection. Fines assessed in Shenandoah for 1783 & 1784, there appears a balance due of £20, 1s, 63d which has been paid into the Treasury. The C'ty Lt. of Powhatan has received Fines to the amt. of Five pounds, which he has disbursed according to Law. The C'ty Lts. of Lunenburg, Essex, Greenville, Hanover, & King & Queen, testify that they have received no monies by virtue of their offices. ? February 2d Militia returns 108 CALENDAR OF STATE PAPERS. 1790. THOMAS COLEMAN TO BEVERLY RANDOLPH. February 2d Stating that his name, with that of Anderson Scott, was sent to the King & Executive at last June Court, as fit persons to act as sheriff. By the Queen Co. Anderson accompany'g certif. of Ro. Pollard, Clk. of the Court, it appears that at Scott for the Court held Jan'ry 11th, 1790, the said Anderson Scott produced his sheriff Security Commission of Sheriff, and offered security, which the Court adjudged insufficient insufficient, and ordered that it be certified that said Scott had made all proper efforts to obtain sufficient security, without being able to do so. He learns that the sheriff's Commission will be sent to him, which he trusts will not be done, as he does not consider himself a magistrate now, nor has he acted as such, since the oath imposed by Congress, under the new Constitution was offered to, and refused by him for reasons peculiar to himself. He would by no means wish to act as wish to act sheriff, being very old and infirm. Does not February 2d CHAS. LYNCH, SEN'R, TO THE GOVERNOR. Staunton Stating that the bearer waits on him with his vouchers as enclosed, Settlement to settle his acct. with the state, which if found right, leaves a balance of account in his favour of £112, 19s, 11d., & interest from 1st Nov. 1783. Feb. 4th Richmond Myers & Douglass' bond Boats Paid Feb. 6th Albemarle L. WOOD, PUB. SOL'R, TO B. RANDOLPH, Esq. Informing him that Messrs. Myers & Douglass had altered their opinion in respect to their Bond to the Commonwealth for the purchase of the Boats, as on yesterday, they paid their Bond for £501 in Mili- tary & Loan certificates with Interest thereon to the 1st ultimo, at the same time delivering to him the warrants for the Interest, all which together with £36 certificates for another Bond, (Interest undrawn,) he holds ready to pay the Treasurer or Agent of the Sinking fund, whichever he may by the Executive be directed. THOMAS JEFFERSON. Received from Joseph Clarke a letter addressed to me, endorsed by the President of the United States, and forwarded by his Excellency the Governor of this state. CALENDAR OF STATE PAPERS. 109 He can only inform him what he believes he knew before, that full and regular returns were made Quarterly, and adjusted in the office lately Kept by Col. Thos. Meriwether, and the vouchers lodged with the returns; However, lest they should have been mislaid, he has deposited in William's hands his books, which he will lay before him for his in- spection. They contain a true statement of the whole business. If deemed necessary, copies can be sent to Col. Davies, but the Books must be returned to him for his own justification. JOHN PEYTON TO GOVERNOR RANDOLPH. Feb. 6th Stating that Capt. Williams, at the request of the Executive, had applied to him for information, regarding his transactions while he Columbia continued in office at Post Point of Fork. 1790. Point of Fork L. WOOD TO BEVERLY RANDOLPH, Esq. Feb. 6th In which he expresses surprize at the receipt of his Excellency's Richmond letter on the subject of speculations. Suggests to the Governor & coun- Speculations cil that the charge is too general for an indiscriminate censure. Has written to his clerks recommending a forbearance from all such practices, has also shewn them his Excellency's letter. In reply, one clerk declares "that he has never directly or indirectly speculated upon public papers. of any denomination since being in the office"; the other writes "that he is entirely clear of having transactions with any person coming under the description mentioned in his or the Executive's letter"; & both say, they shall in future adhere to their former line of conduct. This he trusts will wipe off Every ill impression, that vague reports may have made upon the minds of the Honorable members. From these documents, I understand that in the year 1780, Pollock being an agent for the western army of Virginia, and authorized by the Governor and board of trade of that State, to draw bills of exchange EDMUND RANDOLPH, ATTORNEY-GENERAL OF THE UNITED STATES, TO Feb. 7th THE GOVERNOR. Sir, I had the honor of receiving last night a letter of the 6th instant, New York from your Secretary, Mr. Lear, inclosing by your order a representation from Louis Poutant Beauregard and Le Bourgeois, two different state- ments of their respective accounts with Oliver Pollock, and a certificate of Daniel Clark, and requiring my opinion thereupon. Claims of Beauregard and Bour- geois against Oliver Pollock + 110 CALENDAR OF STATE PAPERS. 1790. Feb. 7th Not a debt of the United States on the house of Penet, Decosta, Freres and company, of Nantz, for 65,814 dollars and five ryals, Beauregard and Cadet Sardet, deceased, bot. three of those bills, and paid for them instantly in Gold & Silver; that after the expiration of eighteen months, advice was received of the non-acceptance of the bills thus purchased from Pollock; that in 1784, Pollock settled his accounts with Virginia in silver dollars, included in them Beauregard's and Sardet's demand, and obtained damages at the rate of Eighteen per centum, and an interest of six per centum per annum; that Bourgeois has married the widow of Sardet; that in 1787, Clark being Pollock's agent, took up the non-accepted bills which had been protested at the damages of twelve and a half per centum, and at an interest of five per centum per annum, and paid the amount estima- ted on these principles, in the paper money of New Orleans; and that one hundred and sixty-two dollars and on half of this paper money, was no more than equal to one hundred silver dollars. Upon these allegations, a request is founded that the President of the United States "will cause justice to be done." By Justice is ment a com- pensation for the difference between the damages of eighteen and twelve and a half per centum, between six and five per centum per annum, and between silver dollars and the paper dollars of New Orleans. To me it appears that these transactions do in no manner fall within the sphere of the President: 1st. It is not pretended that the bills in question were drawn by Pollock in behalf of the United States, or under their license; on the Contrary, he was treated with as the agent of Virginia, and under the particular powers of the Governor and board of trade of Virginia- consequently, the debt arising from the protest of these bills never was a debt of the United States. 2d. Let it then be allowed for a moment that Virginia is bound to make the compensation required. The Constitution of the United States extends the Judicial power to all cases between a state and foreign sub- jects. Beauregard & Bourgeois profess allegiance to his Catholic majesty, and therefore have the courts of the United States open to their claims against Virginia. 3d. Perhaps, however, the President may sometimes think it advisa- ble to remonstrate with a state on its conduct towards foreigners; But on this occasion, the truth seems to be that Virginia will always be able to defend herself. The papers are silent as to many important facts which ought to be ascertained, and which, when ascertained, might probably by their own weight, support the refusal of Virginia to pay what is claimed; But enough is in my opinion disclosed for this purpose. It is admitted that Beauregard & Bourgeois consented to accept in the paper money of New Orleans the damages of 123 per centum, and the interest of five per centum per annum. The course of business renders it certain that Clark received the protested bills from Beauregard & CALENDAR OF STATE PAPERS. 111 I have the honor, Sir, to be, with the highest respect, Y'r mo. ob. Serv't. Bourgeois, and that they were delivered up to Virginia when Pollock closed his accounts with her. Virginia then, ignorant of the distant negotiations between them, and finding Pollock in possession of the bills, infers with great propriety that the rights of all other claimants were relinquished in favor of Pollock, and adjusts the debt as it is agreed fairly & honorably. Nay, even if Virginia had been apprized at the time of the adjustment, that Beauregard & Bourgeois had made a bad bargain with Clark, it surely was not proper for her to undertake to rectify the want of prudence in individuals, who resigned everything when they surrendered the bills. These reasons apply with equal force against any reimbursement for depreciation. But it may be added with respect to this point, that Clark, altho' he paid paper money, paid a money which was legitimated by the sovereignty of New Orleans. 4. In short, (if a dispute can be said to exist at all), it must lie between The dispute Beauregard & Bourgeois and Pollock. If he has deceived them, the if any, must be between laws of the United States afford redress. But as the merits of their Beauregard & Bourgeois contest do not relate to the General Government, I shall not trouble you and Pollock with any observations upon it. 1790. Feb. 7th Virginia settled with Pollock fairly and honestly WM.. TATHAM TO GOVERNOR RANDOLPH. Enclosing the copy of Mr. Gilpin's survey, finished as requested for the use of the Council. Thanks the Executive for entrusting its execu- tion to his poor abilities. Presents it to the Board in testimony of his sincere attachment to the United States, but particularly to this Com- monwealth. Did not conceive himself at liberty to take a copy or ex- tracts from it, but if no impropriety intervene would be glad to do so, as J. PENDLETON TO THE GOVERNOR. office Recom- mends a leave of Informing him that owing to the declining health of Mr. Southall, he Auditor's was induced to recommend to him a few weeks' absence from the office. He flatters himself that the Executive will permit him to employ an assistant in his place, at the rate of £100 per annum, to be paid out of the contingent fund. He supposes that Mr. Southall's absence will not exceed two months the salary to a temporary clerk being a trivial sum, and the indulgence will no doubt be very pleasing to a valuable assistant.. absence for assistant Mr. Southall Temporary His salary How to be paid Feb. 8th Feb. Sth No place given Copy of Gilpin's Survey 112 CALENDAR OF STATE PAPERS. 1790. Feb. 8th Invalids Feb. 8th War office Sir, Invalid I have the honor to acknowledge the receipt of your Excellency's Pensioners two favors of the 28th of December and 11th of January last; the former covering a list of Invalid pensioners, dated 19th of December, 1789. Hutchin's map he has for several years been collecting every information that may con- tribute to a general knowledge of the Southern Division of the United States. He thinks that if he could be permitted to inspect or transcribe from the public papers of Virginia, he would be able to furnish better information to the world than has heretofore been published-having had the advantage of many years' personal observation through the greatest part, besides a general information through the several depart- ments of civil, military, and mercantile life. He has contemplated undertaking a work in addition to Mr. Jeffer- son's, on a plan similar to the one of Dr. Burns (now in his Excellency's possession); thinks the task an arduous one, but can be accomplished by perseverance, and though it may be imperfectly executed at first, will at least perpetuate a knowledge of fugitive matter, that may give light to future ages. He would ask the sense of the Executive on these subjects and their patronage. Thinks that the privilege, however, should be exclusive, otherwise the infancy of the country would render the considerations inadequate to the undertaking and necessary sacra- fices. I beg leave to observe that the list of Invalids acknowledged on the 25th April, 1789, to have been received by me, was a list for the year 1787, which rendered a more recent list necessary. In the advertisement respecting the payment of the Invalids, it is at Bermuda stated that those for Virginia would be paid by William Heath at Ber- To be paid Wm. Heth Hundreds muda Hundred; but as a matter of accommodation, he will authorize At Rich- mond some person to make the payments at Richmond, which it is hoped will be a satisfactory arrangement. Availing the public of your goodness, I have the honor herewith to transmit one of Hutchins' Maps of the Western Country, which although not accurate, will show the divisions of the counties generally, when the same shall be marked thereon; you will then please to return it to me. Powder I pray your Excellency to consider that it was the intention of the advanced to President of the United States, that Virginia should have the best Chickasaws to be re- placed by the best J. KNOX, SECRETARY OF WAR, TO GOVERNOR RANDOLPH. powder returned for the advance she made to the Chickasaws; If, there- fore, the report of the Commissary should be unfavorable to the public powder at present in Virginia, I will, on being informed thereof, direct 1 CALENDAR OF STATE PAPERS. 113 1790. that the quantity to be replaced shall be shipped either from this port or Philadelphia, to such place in Virginia as you shall please to point Feb. 8th out. I have the honor to be, with great respect, Your Excellency's most obedient Humble Servant. A. SINGLETON, AGENT OF THE SINKING FUND, TO THE Governor. Specie on hand to continue the purchases, To be paid by Messrs. Lott & Higbe in all this montb, Do. by Drury Ragsdale in do., Brought up,- Total, ! I 2,106, 3 84 91, 14 10/1/ 6,557, 8 8 £17,123, 7s, 94d. £8,365, 0s, 5d. Report of sinking fund Specie on hand The whole amount of Warrants which will be drawn by the Agent of S. Fund on certificates purchased, and certificates received from the Treasury for the use of the said fund £7,494, 4s, 3d. The above sum of warrants will in the opinion of the agent, produce at least in specie in the course of the year, £6,557, 8s, 84d; and how much may be counted on for the 1-10 arrears of Taxes, the Honl., The Executive, will be able to form a better idea of than their Obt. Humble Serv't. Public securities purchased by the Agent of the Sinking Fund from Purchases 1st Jan'ry, 1790, to 6th Febr'y: Military certificates, - Loan office do., Funded do., Feb. 8th £14,935, 19s, 6d. 393, 9 34 246, 17 7 £15,576, 68, 1ąd. EDMUND RANDOLPH, ATTORNEY-GENERAL OF THE UNITED STATES, TO Feb. 10th THE GOVERNOR OF VIRGINIA. Sir, On Saturday last, a question was submitted to me officially, respect- New York ing certain bills of exchange drawn by Oliver Pollock in favor of Beau- regard and Cadet Sardet. I requested permission from the president of 15 114 CALENDAR OF STATE PAPERS. 1790. the United States to inform your excellency, and am authorized to Feb. 10th inform you accordingly, that Beauregard and Le Bourgeois, the repro- Bills of Ex-sentative of Sardet, have alleged that their bills amounting to about change by Pollock 18,000 dollars, were taken up by Pollock's Agent, Mr. Daniel Clark, at 121 per centum damages, five per centum interest, and in the paper money of New Orleans depreciated to 162 when compared with 100 specie dollars. Should you desire copies of the papers, they may be procured by an application to the president. Supposing it possible that this information might not be useless, I thought it my duty to my coun- try to transmit it to you. Gov. Ran- dolph's note The solicitor will immediately examine the settlement made with to the Solici- Oliver Pollock, & report to the Executive whether the Bills spoken of tor in regard in the within Letter make any Part of the account & at what Rate of to said bills Depreciation the s'd Bills were settled, I have the honor, sir, to be, with the highest respect, Y'r mo. ob. Serv. Feb. 16th Lunatic Hospital Council chamber, Feb'ry 22d, 1790. Feb. 10th A. HAMILTON, SECRETARY OF THE TREASURY, TO GOVERNOR RAndolph. New York Informing him that the President of the United States had referred his letter of the 18th Dec'r last, transmitting the copy of an Act of the Commonwealth of Virginia, empowering him upon certain conditions to Light-house make the cession necessary for building a Light-house near the entrance at entrance of Chesapeake Bay; that as soon as the proper instrument shall be exe- peake bay cuted for the cession, arrangements will be made for carrying the object Two acres to into execution. He thinks it desirable that the full quantity of Two be ceded of Chesa- acres which he is at liberty to make, should be coded. BEVERLEY RANDOLPH, Materials on In regard to the materials on hand, the business, if practicable, should hand be executed by an entire Contract, and the purchase of these materials done by con- will depend on the Contractor, who it is to be presumed will find it ex- pedient to avail himself of a supply on the spot. Work to be tract WILL. RUSSELL, CLERK. Certifying that the Directors of the Lunatic Hospital, at a meeting held Feb. 16, 1790, ordered that the Treasurer of this Hospital be directed to apply to the Executive for £400 for the use and maintenance of said Hospital. CALENDAR OF STATE PAPERS. 115 WILL, RUSSELL CLERK. 1790. Certifying to the Executive that John Blair and James Innes, Esqrs. Feb. 16th Lunatic have resigned the office of Directors of this Hospital. Hospital COL. WM. DAVIES TO GOVERNOR BEVERLY RANDOLPH. Feb. 16th Stating that he has waited the result of the measures he had taken New York to relieve the State from the embarrassment in regard to the time of In regard to producing Evidence, before troubling his Excellency on the subject. against state's claims United States Found that the Commissioner from North Carolina and Genl. Matthews from Georgia were rather inclined to wait fortuitous events in course of the session, than make direct application to Congress on this subject. Meanwhile, Mr. Gilman's arrival completed the General Board. As soon as this month began, the limit of the period allowed him by the other two, He renewed his application for prolonging the period, for arranging & exhibiting the Evidence. This was declined for want of authority. He then urged the necessity & propriety of referring to the Comptroller of the Treasury, and the Commissioner of army accounts, all the papers, which by the Ordinance were the proper objects of their discussion. He was fortunate enough to get this allowed; which has enabled him to proceed in the statements of papers brought by Liblong & others till this day. It is necessary however that the Collectors should send in their vouchers as speedily as possible. Fears that the delays, which a variety of circumstances have occasioned, will have an ill effect. Has conferred with the Virginia representatives from time to time, and particularly with Mr. Madison, whom he finds zealous on this subject, and has promised his assistance at all times, when he can make it effectual. Meanwhile, he is perfecting and arranging the ac- counts & evidence in support of the claims for pay, & depreciation, & bounties to the army, & advances to the militia, & for pecuniary and specific payments to the requisition of Congress. He requests the Governor's interposition with Mr. John Hopkins, with respect to Mr. Claiborne's papers. Hopkins informed him that Claiborne would assuredly come in with Mr. Jefferson, and under that hope, he has promised himself an authenticated voucher for all the supplies furnished his Dept., during his Quarter-mastership. Says that the Auditor of the Treasury proposes to attack his papers, & thinks that even if a legal step of that kind could be adopted, yet the attainment of the desired Evidence without recurring to compulsion, would be better and possibly Mr. Hopkins might be prevailed on to affiord his assistance. Glo New York & New Jersey are now both engaged in the same business of Collection as Virginia, tho' theirs are confined to the accounts of their military & militia only.. 116 CALENDAR OF STATE PAPERS. 1790. Feb. 16th Stating to them that their letter respecting an account between Oliver Beauregard Pollock and the Representatives of Cadet Sardet, had been received by & Bourgeois' claim the President, and by his order referred to the Attorney-General of the United States for his report thereon. He now has the honor of trans- mitting a copy of the report for their information. Feb. 17th L. WOOD, PUBLIC SOLICITOR, TO BEVERLY RANDOLPH, ESQ. sheriffs Names Richmond Enclosing a report on the returns of Such Executions against delin- Delinquent quent sheriffs, as were issued previous to the late Gen'l Court, setting forth that sales could not be effected for the want of buyers, and asking whether it is expedient to order a removal of the property. The sher- iffs are Wm. McClanachan, of Botetourt Co.; Vivion Brooking, of Amelia; John Calloway, of Campbell; Abram Stratton, of Pittsylvania; John John, of Buckingham; Stephen Sampson, of Goochland; Wm. Moore, of Orange; Wm. Washington, of Westmoreland; John Rogers, of South- ampton; Thos. Hughart, of Augusta; Wm. Leftwick, of Bedford; Mar- tin Pickett, of Fauquier; Robt. Wood, of Franklin; John Lacy, of New Kent; Wm. Todd, of Pittsylvania; George Rives, of Sussex; Morgan Morgan, of Berkeley; Maurice Langhorne, of Cumberland; Joseph Fox, of Westmoreland. Feb. 17th No place given Charged with damages TOBIAS LEAR, SECRETERY TO THE PRESIDENT OF THE UNITED STATES, TO MESSRS. Poutant Beauregard and BouRGEOIS, NEW Orleans. Solicitor's office The foregoing relate to delinquencies occurring in the years 1782 1785, & 1786, as specified on the different margins. THOS. NEWTON, JR., TO THE GOVERNOR. Stating that he finds on a settlement of his certificate, that he is charged with damages as shown by the account. He assures his Excel- lency that he spared no exertions in collecting the taxes, but from the circumstances of the country could not get them in, and what he now pays is in advance for the people. He says that he has overpaid £156 in the Revenue, and hopes the Executive will remit the damages in- curred. Sam'l Shepard, C. Sol., certifies under date of Feb. 20th, 1790, that Thos. Newton, Esq., late sheriff of Norfolk Co., has paid the balance of principal & Interest, with one per cent. damages, on a judgment obtained against him for the certificate tax of 1786. ▸ CALENDAR OF STATE PAPERS. 117 THOS. NEWTON, JR., TO THE Governor. Capt. Brown's pur- abled cannon Brown dead Stating that during the time he acted as Sheriff of Norfolk, he had an Execution sent him against Capt. Thos. Brown, of Portsmouth, for some disabled public cannon bought of me to the amt. of £54. He had some discounts thereon for taking several large cannon out of the water and landing them on high land, done by order of the Executive. He chase of dis- has endeavored to get the amount, but the condition of Brown's affairs are very precarious-He has lately died: The only settlement he could effect was to have a continental final settlement lodged in his hands of about 4,000 dollars as security. He has also been informed that Brown had 10 ton 15c. more disabled cannon than was charged to him, which were carried to Boston by a Capt. Turner on one of Brown's sloops. Brown's illness for a long time previous to his death prevented him from taking his bond for the payment, and considering also that the cer- tificate was ample security for the debts due the public. Brown's Execu- tors allege, however, that he has no right to stop the certificate further than the duties, as it was lodged for that purpose, the state having no greater right to the debt than other creditors. He has plead that the debts due the public are of the greatest dignity and must be paid first. Brown's affairs are in a desperate condition, and unless the certificate can be stopped, he fears that the debt will be lost. He asks the Execu- tive directions in this case. The money arising from these sales was to be applied to fixing a shelter over the good cannon now lying at Nor- folk and Fort Nelson. At a court of Oyer & Terminer held Feb. 20th, 1790, for the trial of a negro man slave named Joe, the property of Warning Peter Robert- son, charged with feloniously consulting, advising, preparing, and plot- ting the murder of the said Robertson, by administering poisonous medicines for the destruction of the said Robertson. Court present: Rawleigh Carter, Peter Randolph, Abner Osborne, Edmund Wills, and Samuel Pinckham, Gents. J'S. HOLMES, Clk. 1790. Feb. 17th No place given Brown's executors Brown's affairs in a desperate condition Feb. 20th No county given Trial of negro slave Joe Poisoning be hung The said Joe was tried, found guilty, and sentenced to be hung on Sentenced to Friday, the 26th day of March next. The said Court valued him at Seventy pounds. HARRY HETH. Feb. 22d Transcript from sales of Public Tobacco from Dec. 26th to 22nd Feb- Richmond ruary inclusive, being 655 hlids., amounting to £6,887, 2s, 10d., prices Sales of pub- ranging from 15s, 9d., to 20s. lic tobacco 118 CALENDAR OF STATE PAPERS. 1790. Feb. 24th New York Chart of river Potomack Feb. 24th Richmond Map ALEX'R WHITE TO THE GOVERNOR OF VIRGINIA. Informing him that his letter to the Representatives of Virginia, in Congress, with enclosures, accompanied by a chart or plan of the River Potowmack, was received by last post. They will lay the same before Congress as soon as they can with propriety. The other members have requested him to make this communication, and suppose it unnecessary for them all to sign the letter. WM. TATHAM TO GOVERNOR RANDOLPH. Sir, I have yours of the 23d, and will execute the business alluded to, or any thing else that will afford me an opportunity of evincing my gratitude to the Executive for their attention. The immediate information of the President for the purposes of Government, is a consideration that waves every other, and we must describe what is wanted for the present use on Mr. Hutchins map, tho' it should prove to be unavoidably inaccurate. If materials for the Department of War only, is the object of the Secretary, and tho' time will admit of a short suspension, I had much rather furnish him an original draft of those parts, adding your injunc- tion against any publication from it, till my present undertaking of the Southern division of the Union is finish'd so as to be fully explanatory. I am stimulated to this wish thro' various inducements, among which if I know my own heart, a pecuniary one is far distant, altho' I have heretofore hinted the expediency of making this work exclusive, as an indemnification for the loss of time, expences, personal labor, and neces- sary sacrifice to the magnitude of the attempt.. But I have reasons of greater moment, when I view the eyes of a World turn'd on a rising Empire recently ranked among the Nations of the Earth, and see the component States engaged in a laudable emulation for local superiority, certainly it is a justifiable policy to avail ourselves of our own materials. Virginia is among the oldest settled Countries on the Continent; her resources are superior to any, but we cannot equally boast the improve- ments of civilization. I trust she will not much longer yield the plaudit of foreign powers, to the industry of Her Eastern Sisters. You will pardon my Enthusiasm, for if it is wrong to be partial to the Antient Dominion, I confess myself extremely criminal. I thank you, my dear sir, for your polite care of my Interest; I feel alternately on this head the delicacy of the Executive and my own situa- tion. Resolutely determined to espouse the cause I have served in on independent principles, and buoy'd above every sordid motive, I have CALENDAR OF STATE PAPERS. 119 struggled thro' the War regardless of Emolument and offer'd my whole. 1790. substance and connections at the shrine of Liberty. I have in exchange Feb. 24th a Heart-felt satisfaction in pursueing my duty and inclination; the world has no power to rob me of this, and I see no cause to change my system-This is to me a full compensation. To be the hireling of jobbs, would degrade me in my own estimation, but if ever my services become usefull in official Life, I shall then willingly accept the annex'd Emolu- ments as the necessary support of my endeavours, a security against the trowns of adversity or inabilities of old age. Whenever I am furnished the utensills for drawing on the large scale, I shall be at all times prepared to enter upon the required delineation of the several counties. I have furnished Mr. Mann with a list, but I find a difficulty in getting him to work. I shall, however, occasionally use your name as a spur to his industry. Doctr. McLurg has returned my circular letter with your Excellency's note. I thank you for the correction; I meant the expression as a term of comprehension only, but it might have borne an impolitic construc- tion. I have made some progress in the arrangement of the first vol- ume, which I shall continue to forward till I am prepared to proceed on the Map; this will, I hope, give me an opportunity of Mr. Jefferson's opinion on the plan before he leaves us. I have the honor to be, Dear Sir, Your obt. and much obliged Huml. Servant. SAM. COLEMAN TO THE HONORABLE THE COUNCIL. Reports that in obedience to an instruction from the Governor, he has examined the account of Mr. James McGavock for public lead delivered at Fort Chiswell, with the vouchers to support the same. The whole quantity of Lead said to be delivered is 72,482 lbs.; 651 lbs. of which is receipted for by Col. Walter Crockett, himself, and by his order for the use of Montgomery county; 511 lbs. rceeipted for by orders of county Liouts. of Greenbriar, for the use of said county-No authority from the Executive for these deliveries. 5423 lbs., said to be for Washington Co. in 1788, wants a voucher for delivery; of 44,093 lbs., said to be delivered for Mr. Moses Austin, 7,406 lbs. are not receipted for, and 8,107 lbs. want the orders of Mr. Austin. N. Frisbie, said to be a manager for Mr. Austin, has ordered the delivery of 158 lbs., which is charged to Mr. Austin. No order of council adduced authorizing the delivery of lead to Mr. Austin. Feb. 25th Council office James McGavock's accounts for public lead delivered at Fort Chis- well Montgomery County Greenbriar County Washington County Moses Austin N. Frisbie Examined Auditor's books, and finds no advance on account He has examined the Auditor's books from 1782 to the present day, and finds no advance on account made to McGavock. It appears, how- ever, from the journal of the Council, that his acct. was settled and a Account was settled warrant on the Contingent Fund given him for the balance due. 120 CALENDAR OF STATE PAPERS. 1790. L. WOOD, PUBLIC SOLICITOR, to Governor BEVERLY RANDolph. Sir, Feb. 25th property Indents On receiving this Morning your Excellency's orders for the removal Richmond of the Sheriff's Property, I observed to Gen'l Wood that the Executive Removal of had been pleased to direct the sales to be made for Money or such war- Sheriff's rants or other governmental Securities of this State as were receivable in the several Taxes respectively. In the Taxes of 1785 & 1786, a certain pro- portion of Indents were to be received, & which seems to me still to be permitted by the word Facilities being used in C. 38, sect. 3 of the last Assembly Acts. I therefore presumed to hint whether, if the words of this State were left out & the words according to Law inserted, it would not prevent an Idea that Indents were inadmissable, and the Act of 1787 directing the removal of Property, uses the words Money or Gov- ernment securities, without confining them to those of this State alone. My motive for making the observation, was to prevent the delay that I apprehend may be occasioned in some cases, & therefore hope the lib- erty I have taken to propose an alteration in positive instructions from the Executive (altho' I may be wrong), will not be deemed disrespect- full or impertinent. Feb. 26th Point of Fork CAPTAIN E. LANGHAM TO BEVERLY RANDOLPH, ESQ. United Reporting that he had agreeably to orders examined the powder at New London, belonging to the United States. He found it by no means equal to that furnished the Indians by this State. He says that about States 3,000 lbs. of lead may be had from New London, which will replace powder examined only one-half the quantity furnished the Indians. Suggests that the Not equal to Secretary of War should be made acquainted with the fact that the that fur- nished the powder belonging to the United States at New London will in a short Indians by time be of very little account, owing to its age. Thinks if it were now the State sold, enough could be realized to import of the quantity in new pow- der, but if kept two years longer, will not produce sufficient to procure more than one-fourth. United States? muskets I am, Sir, Your Excellency's most obt. h'ble Serv't. - He also states that there are at New London a considerable quantity of United States muskets, very much injured for the want of means to keep them in repair. If attended to in time, considerable saving would be made, as it would cost much less to repair these, than make or import new ones. ? CALENDAR OF STATE PAPERS. 121 Henry Thweatt certifying that his colleague, Capt. Peter Thwcatt, as an Inspector at Robert Bolling's warehouse, departed this life on Friday, the 26th day of this Instant. COLONEL JOSEPH HOBSON. February Resignation of his commission as Colonel of the 2d Regt. of Militia Resignations of Halifax Co., dated at Richmond, Feb. 22d, 1787, and signed by Gov- ernor Edmund Randolph. of militia officers MAJOR A. PAMPLIN TO THE HONORABLE GOVERNOR AND COUncil of VIRGINIA. Lieutenant-COLONEL Bernard MarkHAM. Resignation of his commission as Lt. Col. of the militia of Chester- Chesterfield field Co., dated at Richmond, July 26th, 1787, and signed by Governor Beverley Randolph. County Informing them that he served several years as Major in the lower Battalion of the Amherst Militia, and that he resigned his commission to County Lieut. Col. J. Cabell, about July 1788. 1790. Feb. 28th Capt. Peter Thweatt died Lt. Col. B. Markham February Major A. Pamplin resignation Amherst Co. PETER WILLIAMS TO B. Randolph. Informing him that he is proceeding in the collection of vouchers as rapidly as circumstances will allow. Finds the business attended with great expense and trouble, besides difficulties in obtaining vouchers, as many persons who acted during the war in different departments, not supposing that their vouchers would ever be called for, have either lost or mislaid them, so have to trust to their recollections. Sheriff's hands He finds in several counties considerable sums of money in Sheriff's Money in hands, collected from delinquents of the specific tax of 1782. These ac- counts having been placed in their hands for collection by the County Commissioners. He desires to know whether to proceed against these sheriffs to judgment, should they fail to pay over the sums upon application. March 1st Prince George Collecting vouchers 16 122 CALENDAR OF STATE PAPERS. 1790. 5 months elapsed MARTIN OSTER, VICE-CONSUL OF FRANCE, TO BEVERLEY RANDOLPH, GOVERNOR OF VIRGINIA. March 1st Norfolk Enclosing a copy of a decree rendered at his tribunal, on September 10th, 1788, and signed the same day, by which Messrs. Adrien, Wiscart, Decree and Augustin de Neuville, french merchants in Hanover Town, are Wiscart and ordered to render account at the expiration of five months to Mr. Pierre Ordered to Francois Dauchy, attorney for his brother, Alexis Francois Joseph render an Dauchy, a merchant of Dunkerque, in Flanders, a province of France, de Neuville account in 5 months Cargo of the management and administration of a cargo, valued at £85,617, 19s, 3d, which had been entrusted to them by the said Alexis Francois Joseph Dauchy, on the ship, St. Aldegonde, which arrived in Virginia on October 15th, 1784. The five months allowed for rendering the account having expired on Feb. 10th, 1789, and the said Wiscart and de Neuville not having as yet showed any diligence for the satisfaction of Asks the Mr. Dauchy, he is requested by the latter to ask the favor of his Excel- Governor to order the lency to issue the necessary order for the execution of the aforesaid execution of decree. He prays that this will be accorded and thereby justice will the decree be done. 1 March 3d H. KNOX, SECRETARY Of War, to GovERNOR ST. CLAIR, or Brigadier- GENERAL HARMAR. Sir, War office Côn In pursuance of powers vested in the President of the United States Governor St. by the Act of Congress, passed the 29th day of September, 1789, he au- Brigadier thorized you by his instructions dated the 6th of October following in General certain cases, and in the proportions therein specified, to call forth the Clair Harmar authorized Militia of Virginia and Pennsylvania for the protection of the frontiers in certain cases to call against the depredations of the Indians. forth the Since transmitting you the aforesaid instructions, he has received sev- Militia eral applications for protection from the Inhabitants of the frontier against Indians counties of Virginia, lying along the South side of the Ohio. These Application applications are founded on the depredations of small parties of indians for pro- tection during the last year, who it seems have murdered many of the un- guarded inhabitants, stolen their horses, and burned their houses. Until the last year, an arrangement of the following nature existed at the expence of Virginia: The Lieutenants of the exposed counties under certain restrictions were permitted to call forth a number of active men as patroles, or scouts as they are generally termed, and parties of rangers. But the Government of that State thought proper to discontinue this arrange- ment on the organization of the General Government to which the ་ CADENDAR OF STATE PAPERS. 123 1790. inhabitants of the said counties now apply for protection. All ap- plications of this nature have been placed before the Congress for their March 3d information, and in order that they may adopt such measures as the case may require. But as the season is fast approaching in which the inhabitants are apprehensive of a repetition of the injuries suffered the last year, they seem to be of an opinion that their situation requires some conditional'security previously to the measures which may result from the deliberations of Congress. The President of the United States has therefore so far conformed to their apprehensions on this point as to refer the case to you, or in your absence to Brigadier-General Harmar, and to give you the authority herein described:. 1st. That if from good and sufficient information it should be your judgment, or in your absence the judgement of the commanding officer aforesaid, that any of the frontier counties of Virginia lying along the South of the Ohio are under exciting circumstances threatened imme- diately with incursive parties of Indians, that you or the said command- ing officer under your hands and seals empower the Lieutenants of such exposed counties to call forth a particular number of Scouts in propor- tion to the danger of the said Counties, not, however, exceeding for any one county the number of eight men. The said scouts to be continued in service no longer than the danger shall exist, according to the judg ment of the County Lieutenants. 2d. That when the said service shall be performed, the following Evi- dence thereof shall be required: Firstly. A return of the names, ages, and residence of the said scouts. Secondly. An abstract of the pay of the said scouts specifying the exact days in which they were so employed; the pay to be regulated by the lowest price in the respective counties in which the service may be performed, and on this point you and the Commanding officer will be particularly accurate. I have been informed that 5s. Virginia currency per day has been given to each of the Scouts. If this high price has been given, it must form the excess to be given on the part of the Uni- ted States. Thirdly. An account of rations, each ration being stated at not a higher rate than 6d. per ration. Fourthly. All these papers must be signed and certified on oath by the County Lieutenant, or commanding officer of each County, and transmitted to Brigadier-General Harmar, in order to be delivered to the Paymaster of his regiment, who will have the accounts passed, and draw the money for the same. The money so drawn, to be paid by him to the County Lieutenants, who must produce to him the receipts of the individuals for whom the money was so drawn. The commanding officer will also issue a reasonable quantity of pow- der and ball for the said scouts, to the County Lieutenants. 1 124 CALENDAR OF STATE PAPERS. 1790. March 3d : March 3d Richmond March 8th It is however to be strongly remarked that all measures of this nature are uncertain, opposed to the principles of regularity, and to be adopted only in cases of exigence, and to cease the moment the said exigences shall cease. That therefore, you, or the commanding officer aforesaid, will not confer the authority herein contained, but in cases of the most con- spicuous necessity, and that when such cases do arise, that you, or he transmit to this office a particular detail of the evidences, whereon you have formed your judgment. The foregoing instructions are written in obedience to the particular orders of the President of the United States. Writ to Sheriff of Hanover Co... I have the honor to be Sir, Your most obedient Humble Servant. A. BLAIR, CLERK OF COUNCIL. Decree In council Martin Oster, Esquire, Vice-consul of France, having certified to the Martin Oster Executivo in due form of law, that he had taken cognizance of a certain controversy arising between the Messieurs Alexis Francois, Joseph Dauchy, Merchant, and subject of his most Christian Majesty, represented by his brother Mr. Pierre Francois Dauchy, complainant, and the Messrs. Adrien Wiscart, and Augustin de Neuville, likewise merchants and subjects of his most Christian Majesty, defendants, and on the 10th day of September, 1788, had determined the same by condemning the defendants to render good sufficient accounts of their management of the cargoe of the ship St. Allegonde, belonging to the complainants, and to pay him the balance together with the whole costs of suit, &c., within five months from which notice of this sentence shall be given to the Mr. Peter Robert de Neuville their representative, under penalty of being constrained thereto, and imprisoned; and the said Martin Oster, Esquire, having required aid for executing the said determination. It Governor is advised that an order issue to the Sheriff of Hanover County to advised to execute it execute, or aid and assist in executing such determination, according to the Act of the General Assembly, in that case made & provided.. Virginia-to-wit: L. WOOD, PUBLIC SOLICITOR TO GOVERNOR BEVERLY RANDOLPH. Asking an order on the Auditor for £25, for account of office expenses. To the Sheriff of Hanover County: In pursuance of the foregoing advice of the council of State, I do hereby order you, the said sheriff, to execute or aid and assist in exe- CALENDAR OF STATE PAPERS. 125 1790. cuting the above-mentioned determination and sentence: provided that the manner of executing the same does not extend to life or member of March 8th the said Adrian Wiscart and Augustin de Neuville. And I do moreover direct that you endorse on this order the manner in which you shall have executed it. ! Given under my hand as Governor & under the seal of the Common- wealth at Richmond, this 8th day of March, 1790. [Seal.] BEVERLEY RANDOLPH. Memorandum. April 24th, 1790. return Be it Known to all whom it may Concern, that I, Wm. Anderson, Sheriff's sheriff of Hanover county, did on ye day and date above mentioned (agreable to ye within orner), take into my custody ye Body of Adrian Wiscart, one of ye defendants therein named, Augustin de Neuville, ye other defendant being no inhabitant of my Bailewick, ye s'd Wiscart being now in my custody. Given under my hand, this 1st day of May, 1790. SAM. COLEMAN TO THE Governor. Asking permission of the Governor and Board to employ a young man to assist him in his office at his own expense, and for whose good conduct he will answer. March 12th COLONEL WM. DAVIES TO GOVERNOR BEVERLEY RANDOLPH, Esq. Claims मेक Stating that he had heretofore informed him that he found it neces- New York sary to place the papers in the possession of the different offices, fearing difficulty, if longer retained. Many of the papers are not fully stated, and he had not sufficient time to arrange fully the evidence. Has lately received another box of vouchers, but can not at present make use of them, but will when Congress makes some regulations in regard to the further admission of Evidence. March 12th He is now engaged in selecting his charges for the examination of the Commissioner of Army accounts, for the bounties, pay & depreciation of the Army and advances to the militia. Wants all papers of this descrip- tion sent as fast as safe opportunities occur, as the Commiss'r is of liberal · sentiments, and as yet has taken no steps to ascertain the papers pre- sented, and as he occasionally withdraws numbers of them, without any stipulations, thinks it will not be difficult to obtain admission for any Commis- sioner of Army accounts 126 CALENDAR OF STATE PAPERS. 1790. evidence which may come to hand within the next two months when March 12th the examination will begin. Congress will not probably do anything in Shawanese regard to the Virginia accounts for several weeks. He has suggested to the Virginia representatives the different desiderata necessary to be attended to in the Bill providing for the State debts. He has all the papers relating to the Shawnese Expedition, and shall be attended to when Congress is discussing our matters. THOS. LEE, JR., TO BEVERLEY RANDOLPH, ESQ. Dumfries. Informing him of the death of Hon'l Wm. Grayson this day. Alex. Wm. Gray- Henderson in letter to the governor, dated Mch. 13th, sends intelligence son died of his death also. March 12th ROBERT PORTERFIELD TO THE GOVERNOR. Richmond Enclosing an account of his Expenses incurred while collecting vouch- Vouchers ers for Col. Davies in the counties of Augusta, Rockingham, & Rock- bridge, being a part of District No. 8; also the acc't of John Johnston's expenses while collecting same in North Carolina, South Carolina, & Georgia. March 13th • March 13th J. PENDLETON TO THE Governor. Richmond Stating that the list of pensioners lately sent to the Secretary of War Pensioners contains only the sums paid by Virginia to Cont. pensioners from Jan. 1, 1786, to Jan. 1st, 1789. The alterations made by the Executive in the allowances of 1789 affecting the annuity of that year, does not, nor should they appear in that list. Thinks perhaps that it would be proper to furnish a list of those alterations, but doubts whether any augmenta- tion allowed here after Congress assumed to provide for the pensioners, will be regarded by the Secretary of War. March 15th DAVID MASON TO GOVERNOR RANDOLPH. Sussex Militia or- Stating that he rec'd his Excellency's letter requesting him for full dered from information by deposition in relation to the Militia ordered from this Virginia to South Caro- state to South Carolina in 1779. Being in possession of nearly all the lina CALENDAR OF STATE PAPERS. 127 papers relating thereto, he thinks that a clear verbal statement before 1790. the Council would be more satisfactory, and desires to learn his Excel- March 15th lency's views on this matter. The troops returned to the Southward, Bounty received each private & non-commissioned officer 3 bushels of salt as a bounty. STOTT & DONALDSON TO BEVERLY RANDOLPH, Esq. Asking him to pay to Wm. Mitchell, the sum of 33 dollars, which Petersburg they are advised by Col. Wm. Davies he had written to the Governor to do. March 18th HARRY HETH TO THE GOVERNOR. Tobacco Enclosing a statement of the tobacco received from the Treasury, and Richmond the amount sold. The Amount of Warrants still due from the pur- chasers of Tobacco is £7,253, 0s, 6d., and Specie £13,434, 138, 11 d., statement making in the whole £20,688, 0s, 64d., agreeing with the statement rendered on Monday last. The accounts show for the year preceding this date, the total am't of Public Tobacco sold to be 4,296 Hogsheads; total am't brought in Specie, £31,062, 0s, 3d. 9,264, 11, 111 Warrants, £40,326, 12s, 3d. March 18th JOHN ROBERTS, JAILOR, TO BEVERLEY RANDOLPH, ESQ. March 19th Informing him that Wm. Brown and Elijah Newston (white), and Northum- LeRoy Nickens (free mulatto) confined for felony, had broken jail berland Co. Wm. Brown, through negligence of the guard. The two whites are retaken, but the Elijah News- mulatto is still at large. Desires to know if the expenses of recapture ton, and Le- Roy Nickens & advertising paid out of his own pocket will be refunded him. Broke jail THE MEMBERS OF NOTTOWAY COURT TO BEVERLY RANDOLPH, Esq. Petitioning for the pardon of Joe, a negro slave, who was tried and Nottoway convicted and sentenced to death at February court last, for plotting the murder of his master, Mr. W. P. Robertson, by poisonous medicines. March 19th 128 CALENDAR OF STATE PAPERS. 1790. JAS. INNES, ATTORNEY-GENERAL, TO THE GOVERNOR. March 20th This is an opinion on the question submitted to him by the Executive Richmond upon an Enquiry from the clerk of Cumberland Co., in regard to whether Magistrate's magistrates appointed or chosen previously to Aug. 1st, 1789, should oath to sup- take the oath to support the Constitution of the United States. He port the con- stitution of considers the Constitution of the United States the supreme law of the United States land, the judges in Every State bound thereby, regardless of the laws and Constitutions of the several individual states. Congress has passed All State this law, and in his opinion the letter and spirit both clearly mean that officers all the officers of the state appointed or chosen previously to Aug. 1st, 1789, & those then in office shall take the prescribed oath within one month after Aug. 1st, 1789, in order to give all ample time to comply with the law. Those to be appointed or chosen hereafter, of course to take the prescribed oath before entering upon the duties of their offices. March 20th Richmond March 22d Sale of Prize to Brig Mus- quitto MAJOR J. PRYOR TO THE GOVERNOR. Enclosing as accurate a statement as possible of the Military Stores issued, during the time he acted as Commissary. RAWLEIGH COLSTON TO HONORABLE GENERAL JAS. WOOD. Sir, No place given Samuel Par- sons I received your letter respecting the money which Mr. Samuel Parsons of St. Pierre, in the Island of Martinique, was impowered by the Executive to recover; and in answer thereto, must inform you, that Martinique immediately on the receipt of the powers of attorney & Mr. Henry's • letter, I forwarded them to Mr. Parsons by different Conveyances: since which I have heard nothing from him, tho' I have no doubt of his hav- ing received the papers. This debt originated from the sale of a prize to the brig Musquitto, Capt. Harris. I was once requested by the State Agent to liquidate this business, but having no correspondent in the Island of Guadaloup, where the prize was sold, I addressed myself to Mr. Parsons, who as the successor of Mr. Bingham, I believe Considered himself as the Agent for this State in the Island of Martinique. It was in Consequence of this I presume, that he applied to me, to procure him power from the government to recover the money. I will again write to Mr. Parsons & Communicate the result to the Executive. I am Sir, your mo. obt. Ser. CALENDAR OF STATE PAPERS. 129 : % ALEXANDER MOSELEY, CLERK OF COURT, TO BEVERLEY RANDOLPH, Esq. Certifying that at a quarterly session Court held this day: Present-Robert Taylor, Esq., Mayor George Kelly, James Taylor, Benjamin Pollard, Cary H. Hansford, and Paul Loyall, Gent'n Alder- men, recommend Rich'd Evers Lee for Recorder, in the room of Ed- mond Randolph, who hath declined to accept that Appointment; also, Donald Campbell, Esq., for alderman in the room of Richard Evers Lee. Recorder L. WOOD, PUBLIC SOLICITOR, TO BEVERLEY RANDOLPH, Esq. Informing him that he finds his health so far impaired, as to render a recess from business indispensably necessary. He trusts that his absence from his office will meet with the Executive's permission. Mr. Sam. Shepard, who has been with him a considerable time, is not only conversant with the business, but he will continue to give him every necessary instruction for its execution, and also endeavor to in- crease his natural exertions by an additional allowance out of his own salary. 1790. J. PENDLETON, AUDITOR, TO THE GOVERNOR. for 1785-7 Stating that from some official occurrences, he finds that an opinion Richmond prevails among the public collectors, that under the XI. sect. of XLII. chap. of the Acts of Assembly, they are at liberty to discharge the arrearages of taxes due for 1785-6-7, in facilities or Tobacco, without Taxes due the returns, required by the laws which regulated the collections for those particular years; from a cursory reading of the law, he thought it a mistaken opinion & refused to permit any payments otherwise than in the manner prescribed by the former laws. But upon reading the paragraph more attentively, he owns that he has some doubts whether the Legislature did not intend to dispense totally with such returns in future, as he wishes this law to receive such an interpretation as will coincide with the probable intention of the Legislature, and accord at the same time with the public interest, he hopes this subject will be laid before council and that they will direct him how to proceed under the clause referred to. March 24th Norfolk Borough Recom- mend Richard E. Lee for March 25th Public collectors March 25th Richmond Health im- paired, recess re- quired Samuel Shepard 17 130 CALENDAR OF STATE PAPERS. 1790. March 26th Elizabeth City County March 26th A. DONALD TO BEVERLY RANDOLPH. Richmond Stating that the scarcity of current money has become so great that Mr. Brown Mr. Brown will not be able to comply with his engagement to Mr. Heth Mr. Heth without great difficulty and sacrifices. He trusts that the Governor will extend the same indulgence to Mr. Brown as he has to others in his situation. March 26th Commis- sioners Contractor JAS. TAYLOR TO BEVERLY RANDOLPH. Norfolk Enclosing the proceedings of the Commissioners appointed by the Marine Governor to contract for the building of a Marine Hospital in the town Hospital Town of of Washington; also a copy of the contract, with Robert Boreland Washington for building said hospital, dated May 8th, 1788; the whole building to Contract be completed on or before the last day of November, 1789, according to JOHNSON TABB, CLERK OF ELIZABETH CITY COUNTY, TO BEVERLEY RANDOLPH, Esq. March 26th Certifying that Benjamin Bryan is Escheator for said County by vir- tue of a commission from the Governor, dated Feb. 12, 1790, and that he qualified to said commission M'ch 26, 1790. March 29th SAM. SHEPARD, CLERK IN SOLICITOR'S OEFICE. Richmond Enclosing returns of delinquent Sheriffs for 1785-6, of Jno. Law- Delinquent rence, of Hanover, Jas. Ewell, of Prince William, Newman Brockin- Sheriffs borough, of Essex; Lawrence Baker, of Isle of Wight, property levied on, but could not be sold for want of bidders. the plans & specifications cited in said contract. This paper is signed by the commissioners James Taylor, Thos. New- ton, Jr., Josiah Parker, John Boush, Edward Archer, and John Cowper; also by the contractor Robert Boreland. SAM SHEPARD, CLERK IN SOLICITOR'S OFFICE. Richmond Making a return of the execution against James Upshaw, Sheriff of Jas. Upshaw Caroline, delinquent for the arrearages of the Certificate taxes of 1785 Sheriff of Caroline & 1786, with a petition from said Upshaw, praying to be relieved from the Delinquent damages, as the principal cost, and part, if not all the Common interest relief from is paid, and that the said taxes could not have been collected earlier damages from the people of Caroline without greatly distressing them. 事 ​CALENDAR OF STATE PAPERS. 131 SAM. COLEMAN TO THE GOVERNOR. Reporting that the County Lieuts. of Gloucester, Middlesex, Henrico, Halifax, Campbell and Southampton have returned the militia strength of their counties. Those of Orange and Middlesex certify that they have received no monies by virtue of their offices. Col. Joseph Hobson of 2d Regt. of Halifax, Lt. Col. Bernard Markham of Chesterfield, & Major Pamplin of Amherst, have resigned. The vacancy occasioned by the resignation of Major Pamphlin has been filled. ROBERT PORTERFIELD TO THE GOVERNOR. Informing him that Col. Chas. Cameron, who acted as a District Com- March 29th missioner, will hand him papers proving a considerable part of the sup- No place plies which came thro' his hands while so acting. He will also hand him Copies of Col. Sampson Matthews' accounts, which he took the trouble of copying. Col. Matthews says that it was understood between Col. Davies and himself that he was to receive compensation for copy- ing so large an account. If so, he is entitled to the compensation. Col. Charles Cameron Col. Samp- accounts son Mat- thew's accounts 1790. April 1st Council office Militia returns > JAMES INNES, ATTORNEY-GENERAL, TO THE GOVERNOR. April 4th Patents Islands This seems to be an opinion given in answer to an enquiry from the Richmond Governor, whether he had a right to withhold his signature from patents. in which the grantees claimed, under the latitude expressed in their Patents, the property over the waters of James river flowing be- James River tween the Rocky Islands. Two, at least, of his predecessors, Mr. Jeffer- Rocky son & Mr. E. Randolph signed Patents of a similar nature, and both learned in the law. But from the short consideration of the subject, he is free to confess that he has his doubts but that the waters flowing between the said Rocky Islands are a commons, belonging to and sub- ject to the free use of all the citizens of this Commonwealth and indeed Free to all of the United States, and also whether they are not within the intent, Spirit and meaning of the Land law; and he is doubtful whether he as Governor of the State, is at liberty to enquire judicially into the pro- priety & legality of such grants. However, should prior rights be con- travened by these patents there can be no question that they can be legally set aside and rendered null and void. Upon these grounds he leaves it to the better judgment of the Governor and Council to deter- mine upon the propriety of affixing his official signature or not. He has no doubt that patents may issue to embrace such rocky Islands as are 132 CALENDAR OF STATE PAPERS. 1790. April 4th April 5th Council office April 8th Wythe Co. Enoch Osborne for Magis- trate April 8th No place given April 10th FRANCIS PRESTON TO THE GOVERNOR. Informing him, that in transcribing the names of the magistrates from the list sent him by the clerk, the name of Enoch Osborn was by mistake omitted, and he was not commissioned. If not improper, would be glad if he would send on his commission. Also, that Capt. Newell, who has received the appointment of Sheriff for Wythe County cannot serve, being about to remove from the County; he recommends. Wm. Love Wm. Love, Esq. for that office, as a proper person, he being one of the for sheriff magistrates commissioned by the Council. Richmond April 12th Caroline Militia fines evidently prominent above the face of the waters in their medium and common flowing, and such as do not properly appertain to the bed of the river, but more, he cannot advise positively until these questions shall have undergone formal adjudications. # SAM COLEMAN TO THE Governor. Reports that he has examined the accounts of Elias Langhan, Supt. of the Post, at Point of Fork, for the quarter ending March 31st. He finds £136, 19s. due the Supt. and artificers, and £72, 12s. due the guard. There is still £34, 8 pence in Supt's hands. Estimates for clothing for the year 1790 amount to £67, 14s., 4d. which is submitted together with) a contract for furnishing the Post with provisions. WM. J. VERCKER TO THE GOVERNOR. Requesting an order for £8 till he completes the business that he has put into his hands. SAM. SHEPARD TO GOVERNOR BEVERLY RANDOLPH. Requesting an order on the Treasury for £35 on account, to defray expenses of riders with Executions against public delinquents. ARTHUR THORNTON TO GOVERNOR BEVERLY RANDOLPH. Informing him that the Militia fines for Caroline County had been put into the hands of the sheriff, as the law directed for collection. He CALENDAR OF STATE PAPERS. 133 1790. has made repeated application to him, but cannot get a shilling. He has at last given him notice that he would move against him. His April 12th deputies say the people will not pay, & many assert that it is contrary to Law for distress to be made. Some are of opinion that he, Thornton, is the sole cause for prossing for the fines. He is anxious to do his duty to his country, and also avoid the censure of his county, and asks that his Excellency will give him express commands as to proceedings in the matter. JAS. INNES, ATTORNEY GENERAL TO THE Governor. Asking for the pardon of James Johnston, Convicted of Burglary, and sentenced to be hanged on May 14, 1790, by the District Court of Richmond. Being a young man, a foreigner and stranger, convicted on his own confession, after hopes of a pardon had been held out to him; besides the two partners in his guilt and equally criminal were acquit- ted for the want of evidence. Thinks that this is a case of executive mercy. : WM. HAY TO THE GOVernor. April 12th Informing him that Mr. Minor has delivered the plank and scantling Richmond for the Capitol roof, agreeable to his contract, and asks that £260 be Plank for furnished to pay this account, which includes a small balance due Mr. capitol roof. Minor on last year's acc't. WM. TATHAM TO GOVERNOR RANDOLPH. April 12th Richmond Petition for the pardon of James Johnston H. KNOX, SECRETARY OF WAR, TO THE HONORABLE HARRY INNES, April 13th DISTRICT JUDGE OF KENTUCKY. Sir, I received yours (without date) with Hutching's map, the Report on the Pennsylvania Line, and the following Extracts of the several acts for creating and dividing the Counties in the western parts of Virginia, viz: Stating that from recent information received, the Indians still con- War office tinue their depredations on the frontiers. He encloses the same author- ity and discretionary power in regard to employing Scouts for Kentucky, as were sent on M'ch 3d to the Governor of the western Territory, or, in his absence, Brig. Gen'l Harmar. Indian troubles in Kentucky Employing scouts April 13th No place given 134 CALENDAR OF STATE PAPERS. 1790. April 13th Counties made and lines altered The county of Fincastle divided into three distinct counties-Ken- tuckie, Washington, & Montgomery. The Boundary between Augusta & West Augusta established. The county of Ohio established. The county Yohiogania established. The county of Monongalia established. An alteration of the county line between Washington & Montgomery; Greenbriar county taken from Bottetourt, and part of Bottetourt added to Montgomery. Part of Augusta added to Hamshire; Rockingham formed of part of Augusta, aud Rockbridge of part of Augusta and Bottetourt. Part of Augusta added to Monongalia. Kentuckie divided into three distinct counties-Jefferson, Fayetto,' and Lincoln. Part of Augusta added to Monongalia. Harrison taken from Monongalia. Nelson taken from Jefferson. Bourbon taken from Fayette. Russell taken from Washington. Yihiogania destroyed by the Pennsylvania Line, and remainder added to Ohio county. County of Lincoln divided into Three distinct counties-Mercer, Madison, & Lincoln. Hardy taken from Hamshire. Randolph taken from Harrison. Pendleton formed out of parts of Augusta, Hardy, & Rockingham. Mason taken from Bourbon. Woodford taken from Fayette. Kannaway form'd of Parts of Greenbriar and Montgomery. Wythe taken from Montgomery county. I have since found among the Papers of the Council, The Report and Survey of the Line extended by Walker & Smith between Carolina & Virginia. The Return of this on the Records of the Assembly seems to have been omitted on account of the Enemie's interruptions at that Time, preventing the Executive from laying it before the House; and it would be well, perhaps, that some step should be taken on this Head before the meeting of the intended Commission or any confirmation of the two states. These authorities, with the surveys of Potowmack, and maps in my own possession, will enable me to come as near your Excel- lency's request as any individual, but I am clearly of opinion it will at present be impracticable to answer the secretarie's expectations, for it will be essential that some Draftsman visit the premises in many In- stances where neither the Drafts nor personal acquaintance of the best informed Inhabitants will be adequate to the necessary knowledge. I will, however, examine the materials in their proper order, and a conclusion may be drawn from the several notes and observations I shall make. CALENDAR OF STATE PAPERS. 135 1790. made and I will begin, first, with the county of Fincastle, which was the Fron- tier in July, 1776. I am not yet furnished with any extract by which April 13th this county was established or taken from the county of Bottetourt. I Counties recollect something of its origin (the circumstance of Mr. Byrd's being lines altered appointed clerk of the court, will perhaps remind your Excellency). I think it contained all beyond the Allegehena mountains, and was the third Division of Antient or original Augusta, westward; But as the Frontier depended on several collaterell Transactions, Treaties, Lines, &c., I allways held its bounds ideal and indefinite in Law, and have ob- served a frequent difficulty between the sheriffs and Inhabitants on that account. But whatever its supposed bounds were, it is very clear it could never exceed Donaldson's Line, because that Line established by Donaldson (I think at the Treaty of Lochaber), was the extreme of the Antient Dominion of Virginia under the king's authority. In October, 1776, The county of Fincastle was divided into three dis- tinet counties-Kentuckie, Washington, and Montgomery. It is practi- cable to trace theese on Hutchings's map. At this Session the Boundary between Augusta and West Augusta was also established. But all the Maps, when compared with the respective Laws, are evidently errone- ous in theese parts, insomuch that even the begining cannot be ascer- tained in any of them without very considerable amendments and alter- ations, nor does Hutchings contain the Rivers mentioned in theese Boundaries-even Mr. Jefferson, himself, is so imperfect in what is par- tially laid down, that it will be necessary to view if not survey tho premises. The counties of Yohiogania, Monongahela & Ohio were also established at this session, but stand in a similar predicament. In May, 1777, the Line between Washington & Montgomery was alter'd. This Line calls for the Lines of Bottetourt & Henry Counties, which are not furnished me. Many other places are mentioned, which I cannot myself ascertain without view, tho' tolerably acquainted there. The same session the County of Bottetourt was divided to create Greenbrier, and add to Montgomery. The Augusta and Bottetourt Line is here called for as a begining. This I am not furnished with, but if I was, from thence courses and places are named, which fixes this County under similar inconveniences with the last, as they are not laid down in the Maps, and will be at best, a piece of incorrect guess work if laid down without a view. The addition to Montgomery is equally impracticable. In October, 1777, part of Augusta was added to Hamshire. The county of Rockingham form'd of part of Augusta, and the county of Rockbridge of part of Augusta & Bottetourt, But I am not furnished with theese extracts. In 1778, there seems to have been nothing done, as nothing is furnish'd of that year on the division or creation of counties. In May, 1779, part of Augusta is added to Monongalia, but the Lines are entirely impracticable on Hutchings or Jefferson. 136 CALENDAR OF STATE PAPERS. 1790. April 13th Counties made and lines altered ៩ Both must be erroneous in theese parts, as neither agree with the Division Line. Mr. Jefferson seems here indebted to Hutchings for This case will require a view or survey. errors. In October, 1779, Kentuckie is divided into three distinct counties— Jefferson, Fayette and Lincoln; but Hutchings has omitted many of the principal Rivers, and is so very erroneous that it is impossible to do any thing with him short of correcting the greatest part of his map, for I do not find anything to be depended on but his main work of the Ohio, which, as far as my knowledge extends on information, has a tolerable appearance. Gen'l Weedon carried away a Rough manuscript done by Col. Todd and myself in 1780, which contained theese three counties with the Boundaries delineated; perhaps the Executive might command this on application to Him. In May, 1780, part of Augusta was added to Monongalia, but this is impracticable on Hutchings. From this time till May, 1784, I am furnish'd with no materials. I conclude nothing of this kind was done in that space. • 1784, May-Harrison taken from Monongalia, but cannot possibly be laid down on Hutchings. He is erroneous, and on too small a scale for the object. 1784, October-Nelson taken from Jefferson; impracticable on Hutch- ings for reasons given under Title Jefferson. 1785, October-Bourbon taken from Fayette. This is situated as the last is. Same session, Washington & Russell divided; here Hutchins might be corrected to answer tolerably, but the scale is too small to give a perfect idea of the country. The same session, (October, 1785,) Yohio- gania county is destroyed by the extention of the Pennsylvania Line, and a residue thereof is added to Ohio. Hutchings here appears to be exceedingly erroneous, and the Report of the Comissioners on the Penn- sylvania Line equally as imperfect. The first has misplaced the Rivers, creeks, & objects-The Latter wholly omitted them, and have only told us "they cut vistas and planted Posts," (which marks their language intimates). We may find on the Premises, if we trace Mason's & Dix- on's Latitude of the Pennsylvania Line, a certain number of Degrees of Longitude; certainly this Report ought to have been accompanied with a survey of the Line, such as the one of the Southern Boundary re- turned by Daniel Smith, which is the only accurate mode of conveying to official Bodies or futurity, a distinct idea on the subject. The same session the counties of Mercer and Maddison are taken from Lincoln-Theese cannot be laid down on Hutchings for the Reasons before given. They will require a view or survey. This same session, the county of Hardy is taken from Hamshire. I am furnished with the extract, and it might be traced on Fry and Jefferson or my Copy of Gilpin's survey by makeing some small amendments, but I apprehend this is not within the Secretarie's request. CALENDAR OF STATE PAPERS. 137 1790. April 13th 1786, October-Randolph is taken from Harrison. This cannot be traced accurately on any of the Mapps-a sketch might be shewn on Hutchings, if connected by a person well acquainted with the parts, but His scale is too small for anything but a general Draft of so extensive lines altered a country. Counties made and 1787, Oct'r-Pendleton is form'd out of Augusta, Hardy, & Rocking- ham, but this county being dependant on the other, cannot be traced on Hutchings or any other of the Maps. 1788, October-Mason was taken from Bourbon; Woodford from Fay- ette; Kannaway from Greenbriar & Montgomery; & 1789, October— Wythe from Montgomery; but theese are all under similar circum- stances with the last, and therefore cannot be delineated. I now come to the Report of Messrs. Walker & Smith of the Carolina Line, which notwithstanding the dispute of about Two miles parralell, has more merit than any other public work in my possession. But it will be much easier to form a new map, than to correct the errors of Mr. Hutchings, even as to this Line, and we must be content to acknowledge his credit for a general Draft which contains amidst his inaccuracies many valuable truths. I trust your Excellency will pardon me for being more lengthy on this Report than I cou'd have wish'd, and will excuse the Time that has elaps'd on account of indisposition and unavoidable interruptions of public meetings and private Business. At all events I thought it useless that you or myself should advise the Secretary of War of the impracti cability of His Request, without ascertaining the several dificulties; for when they are made known at the Federal Seat, they will lead to an enquiry into the subject mentioned in my Letter to Mr. Jefferson, and will shew the necessity of this Department being suited officially to the extent of our country and its military security, as well as the prosperity of our Peace establishments. I would not, however, have it understood that I am carveing Business for myself. Certain I am it must be done by somebody, and the sooner the better; therefore, that the Country may have the imediate benefit, I will at any time chearfully pursue the object, requiring nothing but necessaries, and leaving the rest to the President's decision. If I might be permitted to add my opinion of the best arrangement to accomplish the wish'd for end, I shou'd propose the most perfect Theorist we can get to be named in a Comission with my- self, with powers to call the county surveyors to our assistance. I shall do myself the honor to call on your Excellency shortly, that we may have an oportunity of conversing on whatever may occur. I have the honor to be, Your Excellency's obt. H. Serv't. 18 138 CALENDAR OF STATE PAPERS. 1790. JOSEPH HOWELL, JR., PAYMASTER-GENERAL. April 13th Certifying that the list annexed is a true copy of the original re- New York turn of subsistence due the officers of the late line of Virginia, amount- Pay office ing to $5030 88-90, as reported by the late Paymaster-General to the Subsistence due officers Commissioners of the late Board of Treasury, also the amount of of Virginia $17261, 76-90 specie pay due the non-commissioned officers and privates of the said late line of Virginia, as reported by the said late Paymaster- General to the said Commissioners of the said board of Treasury. line Specie due non-com- missioned officers and privates of said line April 14th War office H. KNOX, SECRETARY OF WAR, TO THE GOVERNOR. Informing him that by direction of the President, he transmits him copies of letters written to the Governor of the Western Territory, or in his absence to Brigadier General Harmer, and to Judge Innes. He states that letters have also been written to the Lieutenants of Harrison, Randolph, Ohio, Monongahalia, and Kanawha Counties on the 13th instant, investing them with a similar authority to call out Scouts not exceeding eight men. He says these letters will show his Excellency the species of pro- tection which have been afforded the frontier counties of Virginia, at the expense of the United States. The arrangement directed is to be considered as a temporary expedient, until the President can take other measures of a more general and decisive nature. April 15th COLONEL GEORGE CLENDINEN, COUNTY LIEUTENANT OF KANAWA, TO Governor BEVERLEY RANDolph. Rankins Kanawha Enclosing a letter from Robert Rankins, of Kantuckey, directed to Robert Col. Thomas Lewis at the mouth of Kanawa, representing many depre- Thos. Lewis dations lately commited by the Indians, also his letter enclosing the Indian same to him. He says that it is unnecessary for him to mention any- depredations thing respecting their situation other than they are collected in bodies, Waiting for and wait the moment when the savages will make a formidable attack the attack to depopulate our settlements on the Ohio and Kanawa. Mr. Rankin's notice was forwarded to Col. Lewis by subscription, and that from Lewis to him by a person hired for that purpose. He has also hired a man to carry it to Greenbrier Court House, expecting that it will meet with a speedy conveyance from thence to Richmond by the Post. From the mouth of Kanawa to Greenbrier C. House, is one hundred and sixty miles. CALENDAR OF STATE PAPERS. 139 JOHN ROBERTS TO GOVERNOR BEVERLEY RANDOLPH. Stating that he had taken care of the two prisoners, Wm. Brown and Elijah Newsten, also their guard during the whole of the winter. The District law seems to make no provision for the keeping of the prisoners under the jurisdiction of that court. In fact there is no District jail in his county. This expense has been very hard on him, and he desires the Governor to afford him such relief as is just and proper. 1790. April 15th Northum- berland Wm. Brown and Elijah Newston H. KNOX, SECRETARY OF WAR, TO THE GOVERNOR. April 15th War office United States pow- Informing him that his favors of the 10th, 17th and 26th of March last were received. In regard to Mr. Langham's report concerning the powder of the United States at New London; it has determined him to der at New draw both powder and lead from the arsenal at West Point, on Hud- son's River, which will be transported to Richmond, to the orders of his Excellency, as soon as a convenient opportunity offers. London West Point He thankfully acknowledges the information from Mr. Langham, in Other stores respect to the state of the other stores, but apprehends that no efficient measures can be taken for the present for the reparation of the arms and other stores at New London, nor for a proper disposition of the same; the important business in which the Congress is engaged will probably prevent them from taking up any new business this session. The arrangements of the arsenals and Magazines will most probably be Arsenals and magazines deferred until next session. Invalid The payment of the invalids, whose pensions had been increased by his Excellency during 1789 will be conformed accordingly, he having pensions issued his warrant for that purpose. The arrearages mentioned by his Arrearages Excellency, as due to the invalids previously to the 4th of March last, will most probably be provided for by Congress this session, at least their opinion of the manner in which the said arrears are to be paid will be taken. The claim of John Skurry has been put into a train of investigation, John Skurry with the other claims sent by his Excellency on December 31st last Other claims past. The said claims have passed one, and are undergoing a second examination, and the result shall be transmitted to his Excellency. Such of them as will be a subject of petition to Congress will be sub- mitted accordingly, and those peculiarly belonging to the State will be returned. From the Commissioners of the Marine Hospital, containing several April 17th resolutions in regard to the work progressing on said Hospital, and the payment on account of funds to Thomas Borland, the contractor. Norfolk 140 CALENDAR OF STATE PAPERS. 1790. A. MERCER TO BEVERLY RANDOLPH, GOVERNOR, AND THE HONORABLE, THE COUNCIL OF THE COMMONWEALTH. April 22d This is a memorial in behalf of Lady Mary Peyton, relict of the late Lady Mary Sir John Peyton, Baronet; High Sheriff of the County of Gloucester, Peyton Sir John stating that the Chancellor had proceeded to a judgement against the Peyton, high estate of the said Sir John Peyton for the taxes, and interest due Gloucester for the whole of the year. That the said John Peyton had used all sheriff of diligence, and secured judgements against Mrs. Ann Fox and Mrs. Eliza- beth Whiting, whose several Testators were securities for William Duval, Richard W. Royston and James Jones, his deputies, for the full amount of the taxes recovered against him as High Sheriff. Wm. Duval, Richard W. That the solicitor having sued out executions on the judgements Royston, & against Sir John, Sir John sued out execution on his judgements against James Jones, the said Mrs. Fox and Mrs Whiting, by virtue of which executions, the deputies estates of Sir John, as well as those of the Testators of Mrs. Fox and Whiting were offered for sale, and upon the executions, were returned, not sold for want of buyers. That the estates being all in the hands of the same sheriff, it was his intention, as well as duty, to proceed against the estate of the said Sir John, unless the estates in the hands of Mrs. Fox and Mrs. Whiting should fall short, a circumstance next to impos- sible and not suspected, therefore, the said Sir John rested satisfied, being as secure from loss as legal diligence could make him. That before any further proceedings could be had, Mrs. Fox and Mrs. Whiting applied to the General Assembly in November last, and for reasons offered the Legislature, were graciously pleased not only to remit to the said Mrs. Fox and Mrs. Whiting all damages and interest arising on the taxes due from the said Duval, Royston & Jones, (which they ordered to set off against the Commonwealth's judgment against the High Sheriff), but the said Legislature were pleased to resolve and order, that all proceedings on the several executions against the said Mrs. Fox and Mrs Whiting should be suspended until the first day of October ensuing. That notwithstanding these proceedings of the assembly, the solicitor conceiving that he was not justified in suspending the Commonwealth's Executions against Sir John Peyton, because the words of the Resolve according to strict language did not include his Executions, was pleased to sue out in the month of March last, writs of rendition & directed to the sheriff of Gloucester, whereby he is commanded to proceed in the sale of the Estate of the said John Peyton to the full amount of the Commonwealth's judgment against him, and for ready money at any price the Estate will fetch. That the said sheriff was about to proceed in the said sale, when he was advised by counsel that the legality of the said sale was doubtful, and it would be safest to wait to the last day of return. The said sheriff did postpone the sale in order to give the said CALENDAR OF STATE PAPERS. 141 Sir John time to take good counsel on the subject & to apply to the proper Tribunal for his redress. That the said Sir John being about to set out to make his application to his Excellency & their Honors, whom he was advised had the power in this case equal to, but more expedi- tious than the chancellor, was taken suddenly ill on the 25th day of March last, and died in the space of one hour. That this unfortunate family are in great affliction, and the operations of the executions being in full force, have so alarmed the friends of the deceased, that the Executors of the will have actually refused to under- take the executorship, unless the execution can be suspended until Sir John's estate can have the benefit of the executions against Mrs. Fox and Mrs. Whiting. In consequence there is not, nor can there be any representative of Sir John, who can legally apply to his Excellency or the chancellor so early as this case requires. He therefore conceives it to be his duty to this unhappy family to lay this case before his Excel- lency and Honors, whom he conceives have ample power to afford relief upon information of the facts, without waiting for the application of a legal representative, or any other legal requirements which might be necessary to give the chancellor jurisdiction. Then follows some argu- ments to prove the illegality of the Legislative proceedings, which he thinks will beyond the possibility of a doubt induce the chancellor to enjoin all further proceedings against Sir John's Estate, until the sus- pension shall be taken off from his executions against Mrs. Fox and Mrs. Whiting. COLONEL WM. DAVIES TO BEVERLEY RANDOLPH, ESQ. Stating that he begun not long since with the Auditor of the Treas- ury, an examination of the specific account of Virginia. They soon found that no distinction had been made between the documents of col- lection and those of issues, and that an entire distruction of vouchers from the accounts & returns to which they once belonged, had taken place without regard to laws, dates, objects, counties, or agents. This will necessarily require a re-examination of the papers, that new state- ments may be made. The commissioners he fears will become rather impatient, as it has hitherto been difficult to arrange Virginia claims, owing to the great irregularity of the business. Under the circum- stances, it will be impossible to dispense with the assistance of either of his clerks. 7 1790. April 22d Mrs. Fox Whiting and Mrs. April 22d New York Virginia claims 142 CALENDAR OF STATE PAPERS. 1790. April 23d Richmond 15 per cent. damages Essex Co. NEWMAN BROCKENBROUGH TO BEVERLEY RANDOLPH, ESQ., AND THE HONORABLE THE COUNCIL. Praying to be relieved of the 15 per cent. damages which he has in- curred as sheriff of Essex Co., for a balance of Revenue and certificate Tax for 1785. This judgment was obtained against him in 1786, and laid dormant till 1789, when execution was issued thereupon. He de- clares that he was totally ignorant of any such judgment being obtained against him, and from the assurances of his deputies was firmly under the belief that he was not in arrears. From the accompanying acct. from the solicitor's office, it will be seen that all his accounts have been paid up, and as the country has sustained no loss, and the delinquency proceeded from no intention of his to defraud, but entirely from his ignorance of his situation & placing too much confidence in the sayings of his deputies, he hopes that bis Excellency & Council will remit the said damages. ► April 23d JAMES EWELL, SHERIFF OF PRINCE WILLIAM COUNTY, TO GOVERNOR RANDOLPH AND THE PRIVY COUNCIL OF VIRGINIA. Petition setting forth that the public taxes could not be paid for the years 1785 & 1786, on account of the most unfavorable seasons for farming and cropping; that notwithstanding this frequent distresses. had been made, but generally no sale, for want of bidders; that he had paid out of his own pocket £518, 3s, 11d. for the Revenue, (besides cer- tificates, but large balances still remain due from individuals. He now offers of his own property, the further sum of 9,778 lbs. crop Tobacco, which he thinks sufficient to discharge the said taxes, (Except certificate), exclusive of Interest. He therefore prays that the Hon'l Board will remit. the damages unavoidably assessed on the said Taxes, in conse- quence of judgments obtained thereon. The tobacco may be received at the prices affixed by law, without the formality of an order of Court, and for the Interest, if necessarily required, and he may have a reason- able time given for the payment, from the balances still remaining due in the said collection. Yelverton Peyton, deputy sh'ff, certifies that Col. James Ewell, late sheriff, has put into his hands for collection the books of his sheriffalty for 1785-1786, and that there appears thereon to be due £492, 12s, 10d. for the Revenue, and £323, 4s, 7d. certificate; 15,610 lbs. Tobacco for levies, for the collection of which he is allowed 7 pr. ct., and that fre- quently no sales are made on distresses for want of bidders. CALENDAR OF STATE PAPERS. 143 LIEUT. JOHN WOODSON TO THE Governor. Stating that Matt. Cox was fined by a court of Enquiry held in april, April 26th 1788, ten shillings for not attending the November muster in 1787. He Cumberland does not remember crossing Mr. Cox at any time, and verily believes it a mistake. 1790. GRESSITT DAVIS TO THE Governor. April 26th Informing him that he had handed his Excellency's letter to Col. R'd Petersburg Elliot, who states that his counsel advises that nothing more than a copy Colonel R'd Elliott of expenditures, issues, & impressments shall be furnished. That a copy Geo. Elliott of receipts for money, grain, &c., would constitute a legal claim against the estate of George Elliott for the amount, which he thinks cannot now be made out against it, as he apprehends the State books are lost on which those charges were made; but whether this is the case or not he is willing that every charge for expenditures & issues of grain & pro- visions, with every other thing furnished by his brother after the resig- nation of Col. Finnie, shall be made out and applied to the credit of this State in accounts with the United States, after discharging all charges which the United States has against him after that period, if any such there are, as he thinks the whole was done under the authority & with the money of this State. J Being certain that the amount of payments and impressments of grain, beeves, &c., from the different counties was to a very capital amount, he suggests that the Executive receive those accounts and transmit them to Col. Davies at New York, accompanied by Col. Elliott's order for them, Col. Davies to be applied to the credit of this State. He will waite his Excellency's answer before opening the chest of public accounts & papers, & will then proceed in any manner his Excellency shall direct. JOHN HARVIE, DAVID ROSS, AND WM. FOUSHEE, DIRECTORS OF THE April 26th JAMES RIVER COMPANY TO THE Governor. Informing him that they have immediate occasion for money to meet James River their engagements, and requesting him to send an order on the Treasury Company 5 pounds on for five pounds on each of the public shares agreeable to their requisition each share of December 29th, 1789. 144 CALENDAR OF STATE PAPERS. 1790. THE DISTRICT COURT OF WINCHESTER TO THE Governor. April 26th Informing him that Solomon Watson and James Ridly were convicted Winchester on the 15th inst. for horse-stealing, and sentenced to death, which is ordered to be executed on them on Friday, the 11th day of June. . Solomon They directed the clerk of the Court to transmit to his Excellency a Watson, Jas. copy of the record of their conviction, but lest some accident should Ridley Horse-steal- prevent its receipt, they consider it incumbent on them to make this ing report to the Executive. 1 { April 26th Petersburg Spencer Martin Sentenced to be hung Petitions for pardon April 27th WILLIAM WHITLOCK, CLERK OF THE COURT TO THE GOVERNOR. · Certifying that Spencer Martin was convicted of horse-stealing at the District Court held in Petersburg on April 26, 1790, and sentenced to be hung by the Sheriff of Dinwiddie County, on Friday, the 28th day of May next. J. AMBLER, TREASURER. Balance of Certifying that on this day, the whole amount of specie in the specie in Treasury, is £3,776, 7s, 24d. Treasury Accompanying this paper is a memorial from 74 of Martin's friends and neighbors, living in Henry, Pittsylvania and Halifax Co., testifying to Martin's youth and subsequent good behavior since the felony was committed, and praying for his pardon. The jury which convicted him also join unanimously in a petition for Executive mercy. Petersburg Martin Spencer April 27th JOSEPH MOORE, LATE SHERIFF OF ROCKBRIDGE COUNTY, TO THE Gov- ERNOR AND COUNCIL OF STATE. Petition, praying to be relieved of the damages of 15 per cent, for taxes due and remaining unpaid for the year 1787, on account of the scarcity of provisions and the general distress of the people. April 28th HENRY Tazewell anD RICHARD PARKER TO BEVERLEY RANDOLPH, ESQ. Inclosing a report ordered by and made to the District court on the subject of the District prison, also inclosing the judgment of the court in the case of Spencer Martin, convicted of horse stealing. They know nothing of the character of this youth, except he was convicted upon satisfactory evidence. CALENDAR OF STATE PAPERS. 145 SAM. SHEPARD, CLERK IN SOLICITOR'S OFFICE. Statement of account against Goodrich Willson, sheriff of Isle Wight Co., for Revenue tax of 1784 amounting to £1,784, 138, 1d, which was settled in full on this date. Stating that he had this day paid up in full the amount due for taxes & interest for the year 1786, as per statement from Solicitor's office, and praying to be relieved from the 15 pr. Ct. damages standing against him, as the distressed condition of the people would not allow an earlier settlement. MR. OSTER TO GOVERNOR RANDOLPH. JNO. HOUSTON, SHERIFF OF ROCKBRIDGE COUNTY, TO THE GOVERNOR April 29th AND COUNCIL OF VIRGINIA. I have the honor to be, with the most perfect respect, Your very humble and very obedient servant. 1790. of April 29th G. Willson, sheriff Isle of Wight Sir, Mr. Pierre Francois Dauchy, of Hanover Town, has informed me Norfolk that the order which you were pleased to accord him to compel Messrs. Adrien Wiscart & Augustin de Neuville to render him the accounts which they owe him, has never been executed against the said Augustin de Neuville by reason of his actual residence in the County of New Kent. And the said Dauchy requesting me to apply again to your Ex- cellency to obtain in his behalf a new order executable against the said Augustin de Neuville in the county of New Kent, as well as in all the other counties in the State if possible. I have the honour, Sir, to request that you will do this expeditiously. He will be very much obliged, and I too shall be the same for your condescension. The duplicate of this letter you will receive through Mr. Dauchy. : April 29th HARRISON RANDOLPH, CLERK OF DISTRICT COURT OF BRUNSWICK, TO April 29th THE GOVERNOR. Certifying that John Goodrum had been fined 400 pounds of tobacco Brunswick for contempt of court in not answering to his name as a grand juryman, Couuty · 19 146 CALENDAR OF STATE PAPERS. 1790. April 29th iffs of Fauquier No date; no place April 30th SAM. SHEPARD, CLERK IN SOLICITOR'S OFFICE, TO THE GOVernor. Jno. Black- well, Martin Enclosing statements of accounts against John Blackwell for Revenue Pickett sher- taxes of 1784 & 1785, and against Martin Pickett for the certificate tax of 1786 & Rev. Tax of 1787-these accounts being balanced. April 30th Norfolk Militia after being summoned. Accompanying this paper is an affidavit from several of his neighbors setting forth that they were present on muster day, when Jno. Goodrum was summoned by the sheriff, and the question arose as to the legality of the summons on that day-all coming to the conclusion (the sheriff included) that it was not a legal summons. R. J. VANDEN BROEK, CLERK. Schedule of pay and rations, agreeably to an act for regulating the Military establishment of the United States, Approved April 30th, 1790: Lieut. Col. Command't, 60 dollars per month, 6 rations per day. * (( ،، ،، 4 (( 40 Major, (( Captain, 30 Lieutenant, 22 18 30 24 5 4 3 Ensign, Surgeons, Surgeon's mates, Sergeants, Corporal, Private & musician, (C ،، .. (L ،، (( ،، (( (C (C .(( (( (( (C ،، on Mr. Voss's part, or otherwise, till the taking down of the columns, at which time, they would be particular in viewing the same, and then report finally. That upon Mr. Hay showing the said report to Mr. Voss, he refused to take down the columns, alledging that his workmen were otherwise employed, but said at the same time, that if upon a fur- ther view of the Referees, they should be of opinion he was faulty in the execution of the work, he must pay the expense of taking down & putting up the said columns. The Directors not being satisfied with the answer, furnished Mr. Voss with a copy of the Report of the Referees, and asked for his determination in writing, whether he would Directors or would not take down the columns, or as much as would be necessary, or whether the Directors should have it done at his expense. The determina- expense thereof depending on the final award of the Referees. Mr. Voss failed to answer in writing; a meeting of the Directors was called, at which he verbally answered that it was not in his power to take the columns down, and desired the Directors to employ some other person to do it, and if they were condemned on account of the badness of the work, he would pay the expense attending the same. ask for his written tion consider stone columns preferable to brick The Directors having considered the foregoing determination of Mr. Directors Voss, & having from the opinion & conversation of the Referees, some reasons to believe that Brick columns may in the end be defective, and ultimately as expensive as stone columns, if coated with a hard finishing to make them resemble stone, they feel inclined to postpone the fur- ther Execution of the work until the meeting of the General Assembly, that they may give directions therein; and will proceed to have the vaults finished with all possible expedition. As it would be unsafe to trust a Lead Cover on the roof of the Portico until the columns are Lead cover made sufficient, they think that the roof should be shingled, & the front unsafe now & sides of the Pedimint sheeted with plank to preserve the timbers from shingled injury; and they are more induced to this opinion, for the reason that . they fear Mr. Austin will not be able to finish more than the remainder of the roof & gutters this season. Roof to be These matters are all submitted by the Directors to the consideration of the Executive, & beg their opinion & advice therein. 1790. June 22d Mr. Hay shows the report to Voss Answers verbally Ask the advice of the Executive B. WOOD, CLERK IN SOLICITOR'S OFFICE. Statement of Jno. Buck, sheriff of Shenandoah's acc't, for taxes for Richmond 1787, paid up with interest & damages, June 22d 176 CALENDAR OF STATE PAPERS. 1790. June 22d June 22d Petition for pardon June 23d June 25th # Bermuda Hundred Manifests of Tobacco JNO. PENDLETON, DEPUTY CLERK OF CAROLINE COUNTY, TO THE Gov- ERNOR. HARRY HETH TO THE Governor. Richmond Enclosing List of balances and accounts on the Books of Westham Westham Foundry, liquidated by the scale of Depreciation, leaving a balance in Foundry favor of the Foundry of £877, 11s, 61d. accounts Certifying that George Guy and Anthony New were recommended by Caroline Co. court at its June term, for sheriff. JOB MCKAY TO THE GOVERNOR. Petition showing that he had been unjustly & illegally convicted of forging a receipt in full for all demands from him to Ralph Withers, by Frederick Co. Court at May, 1789, term, and praying to have the fine of Twenty pounds remitted, also the costs, which are 1,132 lbs. Tobacco and 15s. COLONEL WILL. HETH TO THE GOVERnor. Sir, I have rec'd yours of the 7th inst. Knowing how essential the manifests for Tobacco shipped were to the State, I made a point of duty to demand & receive them, from the clearing out of the first vessel in this District to the present time, and last December I informed the Treasurer and Auditor that they were ready to be delivered whenever called for. I will embrace the first opportunity of forwarding all those which were rec'd from the 17th Aug't to the 31st March last, as you de- sired, and the most pointed complyance with your request may be ex- pected from me. Sensible as I am that this acknowledgment of the rec't of your letter would have been deemed sufficient, yet, Sir, such are my wishes to bave it in my power to do every possible Justice to the State, and such is Coasting my anxiety to see a system of absurdity-the coasting act-rendered act intelligible as well as advantageous to the revenue, that I cannot for- bear offering some remarks on those laws, to which your letter has reference, from a persuation that you will think them worth mentioning to the Virginia representation in Congress. CALENDAR OF STATE PAPERS. 177 1790. The salutary purposes for which the Act of Congress was passed, di- recting the officers of the Customs to be governed by the Inspection June 25th laws of the respective states, will in a great measure be defeated in this State, by one of the many imperfections in the Coasting Act. Vessels of any burthen duly licensed as Coasters, and laden with American pro- duce only, may depart from any port in Virginia for Maryland or North laden with Carolina without clearing; and by the celebrated explanatory Act to the American Coasting Act, pass'd towards to the close of the last session, and of produce only which our honest, departed friend, Colo. Bland, was the author, a vessel of fifty tons burthen, laden as aforesaid, may proceed to any parts of the U. States, without clearing or entering; so that vessels of these descrip- tions, and thus laden, will always take the shipping manifests with them. For tho' it may be a question with some, whether the Act of Congress "To prevent the exportation of goods not duly inspected," &c., does not dó away so much of the Coasting Act as exempts the description of coasters aforesaid from clearing, by obliging them, when they have Tobacco, Tar, pitch, turpentine, flour, bread, Hemp, pork, beef or lum- ber, to clear out; yet it is not so understood; and if the master of a vessel, who hath been accustomed to go from District to District free of any expence, should now be called upon to clear out, if he has any of the above articles on board, and which clearance would cost the enor- mous high fee of 25 cents, it would occasion much grumbling; and if all the officers in the State should not construe the laws alike in this par- ticular, you may easily guess what displeasure it would create, should this be my construction, and I should request the surveyors in this dis- trict to conform thereto. The language of the Laws of Virginia, respecting Tobacco, runs thus : Customs governed by Inspection laws Coasters Tobacco 1st. The master shall deliver on clearing, a fair manifest, &c.; 2dly, Language of Virginia Shall produce & lodge on clearance, the Inspector's manifests, &c.; laws lastly, no vessel shall be cleared out, unless the master thereof shall pro- concerning duce a manifest of the Cargo, & make oath that the commodities to be exported have been inspected, &c., &c. See May Session, 1783, Chap. 10th, Sect'ns 3 & 4; and Jan'ry 1788, Chap. 4, Sect. 57. On the other hand, the laws of the United States exempts vessels of certain burthens from clearing, if laden with Am. produce only. But by the act of Con- gress of the 2nd of April alluded to, it is expressly declared that “no vessel having on board goods liable to inspection, shall be cleared out, until the master or other proper person shall have produced, &c., &c.” Now, whether this clause can have reference to vessels which were intended under the Coasting Act to be exempted from entering or clearing, or to such only as the laws of the U. States have, in clear and unequivo- cal terms declared, shall clear out, in the District where they load, under certain penalties, is a question which will admit of much being said Act of Congress 23 178 CALENDAR OF STATE PAPERS. 1790. June 25th June 29th June 29th JAMES WOOD, LIEUTENANT-GOVERNOR OF VIRGINIA. tion for arrest of Woodward Richmond Who in the absence of the Governor, issues this proclamation for the Proclama- arrest of one Benjamin Woodward, who upon the confession of James Arthur before the court of Dinwiddie county 21st June, 1790, when Benjamin apprehended on suspicion of having forged or assisting in forging or signing certain certificates issued by the authority of this Common- wealth, he has reason to believe has been principally concerned in coun- terfeiting & passing such certificates & public securities of this State, $150 reward and offers a reward of One Hundred & fifty Dollars for the apprehen- sion & conveyance of the said Benjamin Woodward to the District jail of Petersburg. Richmond June 30th upon both sides. It is at least, a moot case, and such as in my humble opinion requires Legislative explanation. I have the honor to be Sir, June 30th Your mo. obt. Servt. HARRY HETH TO THE HONORABLE JAMES WOOD, Esq. Richmond Informing him that he sends for the inspection of the Executive, a Westham list of balances from the books of Westham foundry, which were put accounts into his hands by the solicitor by direction of the Executive. The bal- SAM. COLEMAN TO THE LIEUTENANT-Governor. Stating that the claim of Edward Pindell for services as a scout, is not authorized by any order of the Executive. ances are extended in paper currency as directed, agreeably to the scale at the time the last entry was made. As he is about to leave town to make sale of tobacco, & will go to Fort Pitt to see a relation before his return, he requests that he may receive an order on the auditor for whatever amount the Executive may consider his services worth. (( Militia returns for the spring of 1790: - From David Shepherd, County Lt. of Ohio Co. "Arthur Thornton, do., (C Caroline Co. do., "Orange Co. Benjamin Johnson, CALENDAR OF STATE PAPERS. 179 rom Wm. Henderson, County Lt. of Campbell Co. CC. Wm. Waring, "Essex Co. do., Jas. Bayton, Col. 2d Regt. Gloster Co. H. Smith, Command'g officer" Russell Co. "" " (( H. KNOX, SECRETARY OF WAR, TO GOVERNOR BEVERLEY Randolph. Informing him that his letter of the 22d Instant was this moment received. He thanks him for the information respecting Ensign Seayyes. The appointment is for the son of the late Col. John Seayres, and will thank his Excellency to forward the same to Thomas Seayres. THOMAS HARRIS TO THE GOVERNOR.. Complaining that he had been unmercifully beaten by Major Lang- ham, and discharged from the garrison, where he is employed as an arti- ficer; that Major Langham will not tell him the reason of this treat- ment, and asking the Governor for a full investigation of the matter and restoration to duty if he is found innocent of any charges. He speaks of great irregularities going on at the garrison, and of the public prop- erty being converted to the private use of Major Langham. THOS. ROGERS, DEPUTY CLERK OF HANOVER COUNTY COURT, TO Gov- ERNOR BEVERLEY RANDOLPH. 1790. June 30th July 1st Ensign Seayres July 1st Fork Beaten by Major Langham full investi- Irregulari- Asks for a ties at the Garrison July 1st Certifying that Parke Goodall, John Syme, & Elisha White are re- Hanover Co. commended for sheriff of said County. COLONEL WM. DAVIES TO GOVERNOR BEVERLEY RANDOLPH. July 2d Stating that he had lately received the box of papers entrusted with New York Mr. Marmie. The lid had been split and the box but little more than half full. He can't say that it had been opened, as it was well secured with nails and the papers did not appear deranged. The vouchers from Williams & Eskridge Districts are fewer in num- Vouchers ber than he expected, tho' he has not yet particularly examined them. The bill for settling the accounts with the individual states has passed the house of Representatives, giving the Commissioners of the General t 180 CALENDAR OF STATE PAPERS. 1790. board nearly the same powers as before, except that the quota of each July 2d State is settled in the bill, and two more Commissioners are to be added Two more to the present. It was originally proposed to transfer a considerable ers added to portion of the business to the Auditor & Comptroller, but they having the board represented the impossibility of attending to it, the clause was struck commission- out. Settlements The settlements made with individuals since Sept'r, 1788, by the dif with indi- ferent States are not to be admitted against the Union. The Repre- vidual, since Sept., 1788, sentatives having applied to him for information on the subject & find- not to be admitted ing the amount did not exceed £3,000 or £4,000 at the utmost, they against the determined to favor the motion, supposing that Virginia would ulti- Union mately be a gainer by it, some of the States having made many settle- ments of a later date-particularly New York, who as soon as there was a prospect of the assumption of the State debts, opened an office for receiving claims for services and supplies during the war. He encloses the accounts of himself and assistants for salaries from April 1st, to June 30th, 1790, inclusive, to-wit: Wm. Davies, for services as Commissioner, settling the accounts of the State against the United States 91 days at 36s, amounting to £163, 16s. Andrew Dunscomb, his assistant, 3 mos. at £200 per annum, being £50 Virg'a Currency. Reuben Burnley, his assistant, 3 mos. at $400 per annum, being £ 30 Virg'a Currency. Salary accounts of himself and assistants July 3d Council office Point of SAM. COLEMAN TO GENERAL WOOD. Enclosing E. Laugham's quarterly returns Ending June 30, for the Post at the Point of Fork. The amt. of pay due the guard is £72, 12s. Amt. due Superintendent and Artificers, £229, 7s. This latter sum is Quarterly considerable & is occasioned by the number of guns stocked, being 225 Fork returns at 68, 8d. each. £100, 11s, 6d, remain in superintendent's hands, said to be for the purchase of clothing. From return of clothing, it appears that Each of the guard has re- ceived within the last quarter 2 p'rs overalls & 1 Regimental Coat & vest. July 4th Russell Co. • J. D. SMITH, COUNTY LIEUTENANT, to Governor BEVERLEY RANDOLPH. Honorable Sir, I cannot but think it my duty to trouble your Excel- lency with the following accounts: Early last month a party of hostile Indians crossed through this nar CALENDAR OF STATE PAPERS. 181 1790. row County and fell on the House of a certain Capt. Newland in Wash- ington county near this County line; plundered his house of all that July 4th was valuable that they could carry away, burnt many of his goods that they could not carry, and took his wife and three children prisoners; but being quickly pursued and like to be overtaken, they kill'd & scalped the woman & children in this County & made their escape. Last Spring John Frazier, Esq., had his on (a little Boy) taken priso- Jno. Frazier ner, & I am well inform'd that unfortunate man has since had the rest of his family killed on the Kentucky road. Scouts I doubt not but your Excellency has been informed of Mrs. Wyley's Mrs. Wyley oath, who was taken prisoner last fall and runaway from the Indians late in the winter. I am credibly informed that her deposition was taken in Montgomery County, & reports that the Indians informed her - they would bring four hundred Indians against Clinch River & Blew- stone this summer. There has lately been much sign of Indians dis- covered on big Sandy River. We keep out twenty-five Rangers & four Rangers and scouts, but as our County is about 150 miles in length, that small body is insufficient to guard it. Should our distressed situation incline your Excellencie's tender feelings to redress these grievancies, I would hum- bly propose that fifty men at least be appointed to range on our Fron- tier untill the fall; I find it exceeding difficult to get men to range, as the whole of this county from its narrowness is considered as frontier-— a man will choose rather to submit to a fine than have his helpless family exposed to danger while he performs a tour of duty. If such a number of men as your Excellency may Judge necessary for our defense should be ordered to be raised in Washington, which this county covers in its whole length, it would be the best & most natural defense that our frontier at this interim can expect; in all probability it would secure us from such frequent and cruel barbarrities as this County has lately experienced. I have resided in this county during the last war, and I do not think that during the whole war I heard of more cruel or more frequent acts of cruelty than has been committed within a year past. Permit me, Sir, to instance one act committed last fall on the line dividing this County & Montgomery, on the person of a certain Mr. Mr. Whiting Whitley, who went a few miles in the woods hunting his Horses, when the Indians fell on him, killed him, and cut him into small pieces; cut out his guts & strung them on the Bushes; cut out his heart & flung it against the ground with such violense that it covered itself in the soil. The Bearer, Mr. Fletcher, having some business in Bedford, I have Mr. Fletcher prevailed on him to carry this Express. I hope your Excellency will be pleased to order him such reward as you may adjudge him for his trouble. I have the Honour to be, Your Excellencie's obed't H'ble Serv't. Hostile Indians Captain Newland 182 CALENDAR OF STATE PAPERS. · 1790.. S. SHEPARD, CLERK IN SOLICITOR'S OFFICE, TO BEVERLEY RANDOLPH, GOVERNOR. Court July 5th Informing him that at the last General Court, held June 15th, 1790, a Richmond motion was made in behalf of the Commonwealth, at the request of General Charles Lee, Esq., late Naval officer of Powtowmack River Dist'et, on Charles Lee a bond dated August 1st, 1789, given by John Laird, & Buchanan & Pat- Bond given ton, for goods imported from Goorge Town, amounting to £40, 10s, 5d. by John Laird and This motion was overruled, the Court being of opinion that the Bond was taken after the Laws of this State on the subject of Duties, ceased. He encloses a copy of the order of the Court, also the Attorney-Gen- eral's opinion to the same effect, as he says that the Court having unanimously determined that the Laws of the state concerning duties on imports, ceased so early as the 21st July, 1789, "he is of opinion that the solicitor should deliver up any bonds for duties, which were entered into after those Laws ceased to the obligors, upon application for the same, and the Auditor should credit all such bonds accordingly; they having been illegally taken." others, for goods imported As he has a number of bonds taken by Mr. Lee, dated on and after the 21st July, 1789, in his office, which he has demanded to be given up, on behalf of the obligors, in consequence of the aforesaid order, he requests that his Excellency & the Board of Council will be pleased to direct whether they shall be given up or retained in the office. July 6th Charles City with the acts, &c. OTWAY BYRD TO SAML. COLEMAN, Esq. Enclosing the resignations of Major Gregory and Ensign Marstors, to be handed to the Governor, & requests that other commissions will be forwarded in their places. · July 7th COL. WILLIAM DAVIES TO BEVERLEY RANDOLPH. New York custom of Stating that till lately it was the custom to neglect printing the In regard to Resolutions with the Acts of Assembly, and also to omit entering on the former the Journals of the House of Delegates, any amendments made by the not printing Senato. A resolution after having passed the House, and then amended Resolutions by the Senate, never appears in its amended form in any of the public records, except it be in the Journals of the Senate, tho' the amendment may have materially altered, if not entirely changed the nature of the original proposition. CALENDAR OF STATE PAPERS. 183 He says that he is frequently referred by the specific vouchers to a Resolution of Nov. 17th, 1780, which as it appears on the Journals of the Delegates, was only an authority to the Executive to take measures for salting up a quantity of provisions for the succeeding campaign. The resolution was amended in the Senate, but how, he has not been able to find out from any thing in his possession, and requests the Governor's assistance in procuring it; possibly from the Auditor. He A · says that the bill for the settlement of accounts is before the Sen- ate, and the Eastern members will endeavor to strike out the addition provided in the bill of two more commissioners, fearing that one of the additional commiss'rs will be taken from Virginia. He cannot yet tell what will be the result, tho' Col. Lee thinks that the opposition to this part of the bill will not be successful. THOS. NEWTON, JR., TO GOVERNOR BEVERLEY RANDOLPH. .. Informing him that at the request of the President and Secretary of the United States, he had chosen a spot whereon to erect a light-house. The place formerly intended to build on, is now fixed upon. The cession to the United States may now be completed. A survey and plat (if necessary) may be directed by his Excellency to be made, that the boun- daries may be known. He has informed the Secretary of the steps taken. He will be happy to render any assistance in his power to carry so desirable an object into immediate Execution, as the trade suffers much for the want of a light-house, & it will in all probability be the means of saving many lives. ANDREW DUNSCOMB TO GOVernor BeverLEY RANDOLPH. In which he refers to his past and present services to the State; he begs that the Governor will make such addition to his salary as will give him a living, and allow him to educate his children. At present his needful expenses exceed his allowance. COLONEL WM. DAVIES TO GOVERNOR BEVERLEY RANDOLPH. 1790. July 7th His trouble therefrom July 10th Norfolk Spot chosen for Light- house Cession to States may United now be made July 11th New York Asking for this salary an addition July 12th Sir, I enclose to your Excellency a plan for the final settlement of the New York continental accounts & contributions of the individual States. Your Excellency will readily perceive that the ratio of representation will 184 CALENDAR OF STATE PAPERS. 1790. operate very powerfully in the final adjustment, and that unless the July 12th balance of her proper account with the United States be greatly in favor Enclosing a of Virginia, she will be ultimately a debtor; that balance, from the best plan for the final settle- view of the accounts which I have been able to obtain, appears to be ment of the about 8,910,809 dollars, but whether Virginia will finally be a debtor or Continental accounts, &c. creditor, cannot be known till the accounts of each state have been ad-, justed. The bill for settling the accounts between the United States & Individual States, has returned from the Senate with amendments, one of which is to strike out the two Commissioners proposed by the bill to be added to the present; the reason of this I suggested in a former letter. The house of representatives have not yet taken the amendments into consideration, tho' the members from some of the middle & southern states seem not satisfied with the alteration. Eskridge vouchers The papers collected by Eskridge are not so numerous or compleat as expected, and I shall have to rely much on the promised assistance of Col. White, on his return home. He transacted a good deal of public business in that part of the country, and assures me of his endeavors Temporary to authenticate fully the wanting vouchers. The act of Congress, fixing seat of Gov- the temporary seat of government in Philadelphia, will be attended ernment to with some inconvenience & additional expence to this office, as by the law, all the public departments attached to the seat of government are to be in Philadelphia by the first Monday in December. next. be fixed in Philadel- phia I have the honor to be Sir, with great respect, Your Excellency's most obed't Serv't. July 12th Scheme to exemplify the settlement of Account between the United New York and individual States, on the principle that each State is to contribute in proportion to a given ratio towards the expence of the War, also showing upon a suppositions statement of ballances due from the United The scheme States, what credits would be funded to the creditor States, and what credits would be entered on the books of the treasury in favour of all the states except the greatest debtor state, to be discounted in any future direct tax after the present debt shall be disch'g'd, or to be paid out of the annual revenue after the present debt shall be discharged: CALENDAR OF STATE PAPERS. 185 1 STATES. - - 2 New Hampshire 23 Massachusetts, Rhode Island, Connecticut, New York,- Mew Jersey, Pennsylvania, - Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, - Balances found due upon an adjustment of accounts with the United States. 42332 75 36 3 4 5 Ratio of each to apportion the aggregate bal- ances of 520 dollars. 20 3 72 8 64 8 44 54 6 29 er a ∞ w Proportion of each state in the aggregate bal- ance of 520 dollars. 10 M 520 65 *H∞OQ ONH 68 12 1 44 6 48 10 80 5 40 5 40 24 8 40 48 32 64 8 LO 24 Balance due by the debtor states to the Uni- ted States. 1 IMHO HO H 4 4 520 26. 6 Bal. due from U. States to the creditor states to be credited on the Treasury books & funded. 100 |+6|+ 9 4 26 7 The greatest proportional debtor state in this statement is Georgia—the debt she owes to the United States is 4, and her ratio is 3; therefore, when 4 is hereafter to be paid by her, the proportion of the others will be as in the next column. 8 Proportion of each in a future direct tax, &c., that the creditor states ultimately, may receive their neat bal. +OT∞∞ 4 ESŁO COP— COLO 10/2 11 6/3/3 5/1/ 10/3/ 11 8 wro who wid 131 6/3/ 6 / 4 86-3/30 6 Unfunded bal, to be credited to all except Georgia, and to be discounted as proposed. Differences in the sums of the 8th & 9th columns. 3 ♡♡ 103/ 1 1 csło co capo 6/3/ ∞ 2 23 A+ ∞ ¦ H 103/ Hko exco Ho 11 8-3-3-3 wło wło ast- 2 3/ 12 | 603 1 0 3 0 0 5 5 4 26 The credits in column No. 9 being placed on the books of the Treas- ury. If then after the present debt is discharged, a direct tax should be levied of 86 dollars, and the proportion of each brought into the Treasury, and the credits as stated in the 9th Column discharged, there will remain in the Treasury of the United States the several sums stated in the next column, (being the difference between the sums in the 8th & 9th columns), the aggregate whereof is equal to the aggrc- gate of the funded credits stated in the 6th column, and thus equal Justice will be done; or if 84 dollars should after the payment of the present debt, remain in the Treasury, or come therein from the ordinary revenue, the credits in the 9th Column would be discharged, and there would remain a sum equal to the aggregate of the debt now funded in favour of the Creditor States, or the balance due from the debtor States. 1790. July 12th 24 186 CALENDAR OF STATE PAPERS. 1790. STEPHEN & MOSES AUSTIN TO BEVERLY RANDOLPH, ESQ. July 13th Calling his attention to a certificate from Arthur Campbell, R. Sayers, Lead mines & Wm. Migomry, who have inspected their lead works in Wythe County, and wish to inform the state of the condition of matters there. They Number of certify that between fifty & sixty men are now employed as miners, artificers, and labourers. Seven pits are sunk about seventy feet deep, which are so productive that six to eight tons of ore may be raised Ore inex- daily. From appearances, the ore in the hill is inexhaustible; that at haustible men employed present, a very simple but improved manner of beating & washing the ore is adopted. Materials are now getting ready for the erection of a new furnace, which will soon be ready for use. The one built by the late Col. Chiswell is now so repaired as to smelt over one ton & a half of lead, while it stands. They think from the activity & views of the owners, that with a small encouragement from the General Govern- ment, so as to compensate in a degree for so distant a land carriage, lead will be produced & manufactured in the course of the ensuing Sufficient for year, sufficient for the consumption of the United States. They con- the United clude by saying that the time has been when much depended upon this States manufacture, and that similar occasions may happen in the course of future events, that will show the good policy of being independent of all the world for so necessary an article. To levy a duty on lead, &c. July 15th Point of Fork Thomas Harriss dis- charged from the fort • Messrs. Austin desire that his Excellency & the Council will call the attention of Congress to this subject, and the importance of giving the preference to the manufacture of this article to our own country, by either levying a duty upon imported lead, or giving a small bounty for the encouragement of the discovery of this article, as at present the expenses attending its long land carriage, make it impossible for them to stand upon an equality with the importer. They cannot sell the quantity they could wish, nor can they obtain a price sufficient to repay them. CAPTAIN E. LANGHAM TO THE HONORABLE JAMES WOOD, ESQ. Stating that an old man named Thos. Harriss, lately employed at this place and discharged by him on June 23d, had, as he learned, made com- plaint to the Executive against him for inhuman treatment; that he supposes the Executive will pay no attention to his statement, as he would have given them his reasons for his action, had he considered it necessary; but has never conceived it to be his duty to apply to supe- rior authority to point out the punishment for any one offending at this place. This man is a tolerable good workman, but unwilling to be CALENDAR OF STATE PAPERS. 187 : · 1 1790. steady at any one thing; he is dissatisfied, assuming, & impertinent, & by no means fond of truth. He does not stand well among his old neigh- July 15th bors for honesty. If such information should come to the Executive & make an unfa- vorable impression, he will rely on his goodness & friendship to be informed of it. His constant study is to do for & please the public, & should he fail to do so, the best wages that could be offered should not keep him in service one week when his conduct should meet with frown or censure. COLONEL WILLIAM DAVIES TO GOVERNOR RANDOLPH. July 15th Stating that he is apprehensive that in his last letter he made a mis- New York take in the date of the resolution he requested should be transmitted, as it passed the 15th of November, and not on the 17th, as he fancies he has erroneously mentioned. The bill for settling the accounts between the Individual and the United States, was returned to the Senate with several amendments; all of which have been disagreed to by the House. A conference has been appointed, but not as yet held. The assumption business is again. revived. H. KNOX, SECRETARY OF WAR, TO GOVERNOR BEVERLEY RANDOLPH. Stating that he authorized him by direction of the President of the United States, on April 13th last, in certain cases of imminent danger, to call out for the protection of the frontier counties a certain species of patroles, denominated Scouts, at the expense of the United States. He is now directed by the President to inform his Excellency that the au- thority relative to the scouts is to be considered as having ceased upon the receipt of this letter, to which an immediate reply is requested. The reasons for this action are, that conditional orders have been sent to the Governor of the western territory, and to the commanding officer of the United States troops to act offensively against the Shawanese and outcast Cherokees joined with them inhabiting northwest of the Ohio, who are probably the banditti, which have for some time past committed depredations on the Counties lying along the Ohio; and as the militia or rangers hereafter described will, in cases of necessity, be permitted in lieu of the scouts. The representations of the then deplorable situation of the frontier counties, and the high estimation the said scouts were held in by the inhabitants, were the inducements of the President to consent to calling forth that expensive species of militia as a temporary measure for the July 17th War office Authority given for calling out scouts in certain cases- Authority ceased Reasons therefor 188 CALENDAR OF STATE PAPERS. 1790. July 17th protection of the exposed counties. Experience, however, has proved the inefficiency of defensive measures for an extensive frontier against straggling parties of Indians. President anxious to The President is anxiously desirous of effectually protecting the fron- tiers, and will take all such reasonable measures as in his judgment the the frontiers case may require, and for which he shall be authorized by the Constitu- protect tion or the laws. Militia allowed each county Rations Sheriff In addition, he is directed by the President to inform his Excellency that he has empowered the Governor of the Western territory & Briga- dier-Gen'l Harman, or either of them, to make the arrangement here- after described for the internal security of the exposed counties. The said Governor or commanding officer will under their hands & seals, empower the Lieutenants of such counties lying along the Ohio, to call forth the number of militia or rangers, as they shall judge necessary, and under prescribed regulations. The said militia or rangers shall not exceed, for the internal defence of any County, one subaltern, one ser- geant, one corporal, & twenty privates; but such less number may be ordered at the discretion of the said Governor, commanding officer, or County Lieutenant. The said Militia shall receive during the time of their actual services, the same pay as established by law for the regular troops of the U. States, & the Militia, to-wit: Lieutenant, twenty-two dollars per month; Ensign, eighteen; Sergeant, five; Corporal, four; Privates, three. Rations furnished the rangers, in such manner as the County Lieut. shall think proper. The subaltern to have two, and the non-commis- sioned and privates, one each. The United States will allow for each ration, six pence Virginia currency, or eight and one third hundreths of a dollar. The Lieut. of each County to be responsible on oath that the said rangers shall be called into service in cases of imminent danger only, and discharged as soon as the danger shall cease. He hopes that his Excellency will impress upon the County Lieuts. that these tem- porary expedients should be conducted with the highest economy, so that the permission given, if used with great discretion & only in cases. of real necessity, will in the future justify a more extensive & perfect protection to the frontiers, should they require it. Copy of this cir- cular sent to the Lieuts. of the Counties of Washington in Pennsyl- vania; Harrison, Randolph, Ohio; Monongahalia, & Kenhawa, & Russel, in Virginia; & Mason, Bourbon, Woodford, Madison, Lincoln, Mercer, Nelson, & Jefferson, in Kentucky. July 19th JOHN JAMESON, CLERK OF CULPEPER COUNTY COURT, TO THE Gov- ERNOR. Certifying that the Court this day recommends Saml. Clayton, French Strother, & Edw'd Stevens for sheriff. CALENDAR OF STATE PAPERS. 189 GLOUCESTER COUNTY COURT, MEMBERS THEREOF, TO GOVERNOR RAN- DOLPH. 1790. Petition asking for the pardon of Dick, negro man slave, property of July 20th Charity Buckner, an orphan, tried & convicted by said court on June Gloucester County 24th, 1790, of burglary, and sentenced to be hung on Friday, July 30th next. O. TOWLES, COMMONWEALTH'S ATTORNEY FOR ROCKINGHAM, TO Governor. MICHAEL BAILEY, CLERK OF SUSSEX COUNTY COURT, TO THE GOVERNOR. July 20th Certifying that the Court at its July term, recommends Lawrence Sussex Co. Smith, Green Hill, & Rich'd Harwell, for sheriff. то THE July 21st Petition for the pardon of a negro man slave Jack, the property of Spotsylvania County Wm. Ireland, of Rockingham Co., convicted of burglary & sentenced to be hung. He states that he is the Commonwealth's Attorney, and prosecuted the said slave. That the testimony of the accomplice was allowed against him, which is illegal, and conflicts with the act passed in October, 1789, a part of which reads thus: "That approvers shall never be admitted in any case whatsoever." That clause was totally overlooked by both myself and the Court, and in no manner construed for him in his favour. The other testimony was light, and could not have resulted in his conviction. He confesses that his inattention is a very poor excuse, when the life of a fellow creature is involved, but that it was carelessly, not wilfully done. He trusts that a pardon will issued and be given to Mr. Thomas Harrison, the bearer of this letter, which will be faithfully transmitted to the proper officer. Asking for the pardon of negro slave Jack Illegal testimony allowed MARY WHITE TO THE Governor. To remit Petition praying that certain muster fines assessed against her for her son Robert, be remitted as he is only 18 years of age. The certifi- cate of Elisha White accompanies this petition, in which he states that he has examined tho Register of the children of David White, deceased, muster fines & Mary his wife, entered in an old family book now in Mrs. White's possession, and finds that Robert White was born January 23d, 1773. He observes that the ages of all their children stand legible & plain one after the other, without any appearance of fraud or erasure. Robert July 21st No place given 190 CALENDAR OF STATE PAPERS. 1790. JNO. BRACKER TO BEVERLEY RANDOLPH. July 22d Calling his attention to the case of Haman Snow, a mariner, who was Williams- yesterday admitted as a patient in the Lunatic Hospital. From the burg Haman Snow Philadelphia Norfolk depositions taken in this case, it appeared that he had served his appren- ticeship from the Port of Philadelphia, but that he has sailed two voy- ages at least to the West Indies out of Norfolk, from whence he was sent to this place. It was doubted whether this entitled him to a set- tlement, as the Court conceived that the object of the Hospital was limited by the Legislature to citizens of this State. But as he could not be permitted to go at large with safety, the Directors thought it prudent to admit him as a patient, and to submit it to his Excellency & Council to represent his case to the State of Pennsylvania, & make application for his support, if they deem such a measure necessary. July 23d EDMUND RANDOLPH TO THE GOVERNOR. Philadelphia Stating that he found the enclosed treaties in his baggage, and that Enclosing by the endorsement in Mr. Blair's handwriting, he suspects they belong treaties to the Executive. Under that impression, he takes the liberty of enclosing them to his Excellency. July 25th ► THOS. NEWTON, JR., TO THE GOVERNOR. Norfolk Enclosing a plot of the two acres for Cape Henry Light-house, with Cape Henry the Cape lands. He does not yet know what the cost of the survey is, Light-house and wishes to know how the surveyor is to be paid. Thinks the spot chosen is the most proper place for the Light, and requests his Excel- lency to inform him if the Cession can be completed without further proceedings on his part. Prince George Co. July 27th PETER WILLIAMS, CLERK OF THE COUNTY COURT, TO THE GOVERNOR. Certifying that the Court on this day recommends Francis Ruffin, Edmund Harrison, & Wm. Ball for magistrates. CALENDAR OF STATE PAPERS. 191 [ LIEUTENANT JOHN BULLOCK TO THE Governor. Petition showing that he had been fined by a court-martial Three July 27th pounds for non-attendance at a General Muster on October 18th, 1787. Hanover Co. That he would have attended said Muster, and set out for that purpose, Petition for the remis- but that his horse was taken sick on the way, and he was compelled to sion of a return home. These facts were stated to the second Court-martial, but fine they have no power to grant a remission of the fine. He now applies to the Executive for the remission, for the reason stated, which has been sworn to by him, and herewith annnexed. THOMAS ALLEN, CLERK OF MERCER COUNTY COURT, TO THE GOVERNOR. July 27th Certifying that the Court recommends Grant Allen for magistrate. Harrison- burg JAMES BLAND, CLERK, OF WESTMORELAND COUNTY COURT, TO THE July 27th GOVERNOR. Sam. COLEMAN TO THE Governor. Stating that he had examined the claims for services rendered for the defence of Jefferson & Mercer counties referred to him, and begs leave to report them just. : 17 Certifying that the Court recommends Samuel Rust, Beckwith Butler, Westmore- & John Rochester, for sheriff of said county. land County 1790. THOMAS SHORE & A. W. ROBERT TO BEVERLEY RANDOLPH. Recommending Mr. Henry Morris as a flour Inspector, for that part of Petersburg formerly Pocahontas, in the County of Chesterfield, as a competent person for the office, and conveniently situated, besides being sufficiently at leisure to attend properly to the business. July 27th Council office July 27th Petersburg Henry Morris, for inspector 192 CALENDAR OF STATE PAPERS. 1790. ESTEVAN MINET, GOVERNOR OF NEW ORLEANS, TO EDMUND RANDOLPH, Esq., GovernOR OF VIRGINIA. Sir, July 27th The bearer of this letter, Mr. Oliver Pollock, had the honor of acting New Orleans as Public Agent at this place, during a considerable part of the late war, on the part of the United States, and also for the State of Virginia. Mr. Pollock in the execution of the orders he from time to time received from these states, contracted very considerable debts at this Place, which he was unable wholly to discharge, altho' he disposed of all his Estate, real and personal in this Country, at a great disadvantage, for the purpose of fulfilling his engagements with his creditors in this Province. Mr. Pollock has since his late arrival here, very honorably and to the entire satisfaction of his creditors in this Province, dis- charged all his remaining debts here, to a considerable amount, which he owed on account of the United States & the State of Virginia. The great integrity evinced by this Gentleman in the faithfull discharge of his engagements entered into for the service of his country, strongly inter- ests me in his favour, and induces me to pray you will have the Good- ness to take him under your protection, and that you will be pleased to give him your aid in obtaining as speedy reimbursment as may be for the moneys now due to him from the United States & the State of Vir- ginia; which I shall esteem as a personal favour conferred upon myself. I pray God to take you into his Holly keeping. Oliver Pollock Public agent for United States and Virginia His great integrity I have the honour to be, with the greatest respect, Your Excellency's most obedient, humble Servant. July 28th H. Knox, SECRETARY OF WAR, TO GOVERNOR BEVERLEY RANDOLPH. Informing him that his letter of the 19th inst. with enclosures, had been received and submitted to the President. He says that if his Ex- cellency should think that from the peculiar extent of Russell county, further in its situation would require an additional protection to that mentioned certain cases in his letter of the 19th inst., the President consents to his giving direc- War office Russell County to be protected tion to one Lieutenant, one ensign, two sergeants, two corporals, and twenty-six privates, under same regulations as have been prescribed for the rangers of the other Counties. The orders given by his Excellency in case of an invasion of said County by a large body of Indians, appear perfectly just and proper. CALENDAR OF STATE PAPERS. 193 H. KNOX, SECRETARY OF WAR, TO GOVERNOR RANDOLPH. L. WOOD, PUBLIC SOLICITOR, TO GOVERNOR BEVERLEY RANDOLPH. Council's regard to certain arrange- ments in the Regretting that he is still unable to return to Richmond. His knee July 28th is considerably mended, yet it is far from being well. Hopes that a Hanover cure is not far distant. He has examined Mr. Shepard's work in the Not well yet office respecting the Duties, & finds that payments have been made the Treasurer for what has been received, and trusts that his management has given satisfaction. He has attentively perused the Council's advice respecting certain arrangements to be made by the several public offices. advice in If his office can be furnished with the state of accounts whenever requi- site to calculate the Interest & Damages that Executions may be endorsed & proper copies prepared for Judgments, which the usual accu- public offices racy of the Auditor & his assistants doubtless will effect, the arrange- ment will be attended with singular benefit. He will cheerfully trans- fer his books to the Auditor, and prosecute the business in such a man- ner as his Excellency & council shall finally point out. He suggests that it would be well to request the Auditor to furnish the state of accounts for endorsing executions, as also those for Judgments at fixed periods, that the Auditor may know when to prepare, and the Solicitor when to be furnished with them, which will be the means of introducing a regu- larity that may be useful. Should anything further occur to him before receiving his Excellency's final orders upon the subject, he will lay it before him. 1790. The President of the United States, upon mature consideration, has July 29th Sir, I had the honor on the 14th of April last, to transmit to your Ex- War office cellency copies of certain letters to the Governor of the Western terri- Governor of the western tory, or in his absence to Brigadier-General Harmar, and to Judge Innes, territory in order to exhibit the species of protection which had been authorized on the part of the United States for the protection of such of the fron- tier counties as should be exposed to the incursions of parties of indians. Ohio Since then, repeated information has been received of depredations Depreda- committed on the Ohio, and in the counties lying along the same. From tions on the a variety of circumstances, it appears highly probable that the Shawa- nese and outcast Cherokees and others joined with them, have been the perpetrators of the said depredations. These indians seem to form an incorrigible banditti, whose outrages cannot be prevented while they are suffered to inhabit the country lying between the lakes and the Ohio. Their whole numbers probably do not exceed two hundred fight- ing men. 1 25 194 CALENDAR OF STATE PAPERS. 1790. July 29th Ordered to be extir- pated therefore thought proper to give the Governor of the Western territory, and commanding officer, conditional orders to exterpate the said ban- ditti: provided the same could be effected without interfering with the general object of peace with the regular tribes lying upon the Wabash and its vicinity. General Harmar to command the It is proposed that the expedition should be performed under the im- mediate Command of Brigadier-General Harmar, with about one hun- dred Continental troops, and three hundred militia of the neighbouring expedition Counties of Kentucky, who should be engaged for thirty days from the Troops to be time of their arrival at the place of rendezvous. It is further proposed that both the regular troops and militia should be mounted on horse- back, if the nature of the Country should permit that mode of opera- tion. The orders on this subject are to be considered as in force until the object shall be effected. mounted Expected As it is to be expected that the result of the said orders will be pro- result of these orders ductive of security and tranquillity to the frontiers, and as the expence of the Scouts is considered as too great to be longer supported, and as the rangers directed may effectually answer the same purpose, the Presi- dent has thought proper to direct that the scouts in future be discon- tinued. Letter on I have the honor to enclose your Excellency, the copy of a letter on same subject enclosed to this subject to the County Lieutenants of Harrison, Randolph, Ohio, certain Monongahalia and Kenhawa; and also the county lieutenants of Mason, County Lieutenants Bourbon, Woodford, Madison, Lincoln, Mercer, Nelson, and Jefferson, in Kentucky; and if you should be of opinion that the same protection ought to be extended to the counties of Washington, Russell, and Wythe, you will please to have the goodness to direct the lieutenants of the said counties conformably to the general rules pointed out in the regu lations on the said subject. In which case the lieutenants of said coun- ties, instead of having the service certified by the governor or Com- manding officer on the Ohio, will have the service cortified by your Ex- cellency, or by your order, and the abstracts transmitted directly to this office. Information I have to request the further favor of your Excellency that you would in regard to be pleased to direct that the wages which have been allowed and paid forming wages of by Virginia for the scouts for each year since the peace to be transmit- scouts by the ted to me, together with the general rules which were directed by the state requested state for calling said scouts into service, and the evidence required of the performance of such service. I will thank your Excellency for directing that the enclosed letter be conveyed to Judge Innes, which, besides the letter respecting the ran- gers, contains letters for Brigadier-General Harmar. I have the honor to be, Sir, with great respect, Your most obedient and very humble Serv't. N. B.-The letter to Judge Innes & the Lieutenants of the counties of Kentuckey will be prepared in a few days, and are not enclosed. CALENDAR OF STATE PAPERS. 195 GEORGE ADAMS TO BEVERLEY RANDOLPH, Esq. Stating that he was instructed by Madison co. Court to enclose again to his Excellency the names of Thomas Kennedy, John Goggins, James French, Samuel Estill, John Kinkaid, James Anderson, Green Clay, & John Adams, recommended to be added to the Justices of this county at June court last, and certified to his Excellency. He is at a loss to guess the reason why they have not beer commissioned. From some removals and the daily extension of the county, the court was of opinion that an additional number of magistrates ought to be appointed, and pursuant to the Constitution proceeded to recommend the above-named persons as the most proper to be appointed. He imagines that this order should have been superior to any private information which could be given. He now makes application for the commissions agreeably to the said order of court, or the reasons for the contrary, as the court may take further order therein. SAM'L COLEMAN TO THE Governor. Stating that the County Lieuts. have made returns of the strength of August 4th the militia for the spring of 1790 from Essex, Campbell, Russell, Glou- cester, Orange, Caroline, and Ohio counties. COLONEL WM. FINNIE TO GOVERNOR RANDOLPH. Enclosing instructions rec'd by him from the secretary of war, in regard to having certain Cannon belonging to the United States & lying at Tucker's mills near Norfolk, also a quantity of shot & shell lying at Yorktown, removed to New York. He says that there is no doubt of the fact that they belong to the United States, as he well remembers that they were brought from France by the way of Carolina. He has engaged a vessel to carry them away, and requests his Excellency to issue the order for that purpose. Some of the shot & shell at Yorktown have been pilfered by some New England vessels, & he is informed by Col. Newton that some of the cannon were carried away from Norfolk some time ago. 1790. Council office August 4th Madison Justices recom- mended August 5th Norfolk Cannon at Norfolk Brought from France 196 CALENDAR OF STATE PAPERS. 1790. SpotsylvaniA COURT TO THE GOVERNOR. August 6th Jack recom- mended for pardon Recommending Jack, negro slave, convicted on June 28th, 1790, of Negro slave burglary, & sentenced to be hung, for pardon-He being Convicted on the evidence of a negro who was an accomplice in the said burglary, but was not indicted for the same. If the witness here mentioned comes under the description of an approver & is applicable under the Act of Assembly passed in 1789, to the present case, they wish him pardoned. August 9th BEVERLEY RANDOLph, Governor of VIRGINIA, TO THE UNITED States. Deed of cession of two acres of land at Cape Henry, in Princess Anne County, Va., for the purpose of erecting a light-house thereon. The United States to build the light-house, equip it, and keep it in repair, and to pay the salary, wages, or hire of the person or persons appointed by the President of the United States for the superintendence and care of the same. The light-house to be built within seven years after the cession of the said two acres of land. If it should not be built within said seven years, or if after it is erected, it should be allowed to fall into decay or rendered useless for the purposes for which it was erected, and so continue for the space of seven years, then the property in the soil & the jurisdiction over the territory hereby vested in the United States, shall revert to this Commonwealth, and the property & jurisdiction to be considered in like manner as if this act had never been made: pro- vided that nothing contained in this act shall effect the right of this Materials State to any materials heretofore placed at or near Cape Henry for the heretofore placed at purpose of Erecting a light-house, nor shall the citizens be debarred, in Cape Henry consequence of this cession, from the privileges they now enjoy of haul- ing their seines and fishing on the shores of the said land so ceded to the United States. Richmond Cession of two acres for Light- house To be built within seven years August 9th H. KNOX, SECRETARY OF WAR, TO GOVERNOR BEVERLEY RANDOLPH. Requesting him to forward the Enclosed packet of letters to Judge. Innes, of Kentuckey, in the safest and most expeditious manner. War office August 10th Richmond WM. TATHAM TO GOVERNOR RANDOLPH. Dear Sir, This morning's work on my map brings me to a very serious subject, which (tho' it may escape common observation, as it appears CALENDAR OF STATE PAPERS. 197 1790. Map trifling at first view.) I conceive my duty to consult your Excellency on, as a confidential business. It is simply the colouring of the Islands in August 10th the Mississippi; for if We ever mean to contest the sole Exclusive navi- Work on his gation with the Spaniards (which one day must be the case), we ought to neglect no step to propagate the earliest evidence of perpetual claim, and as Maps have a tendency to beget prejudice, which often turns the scale of Fact on intricate and distant matter, there can be nothing amiss, I suppose, in such a peaceable assertion of our future expectations; for, if I am right in my general observation, such is the disposition of the People and common course of nature, whatever present policy may dic- tate officially. I would not, however, have it understood that I apply to your Excel- lency for anything more than your opinion and advice founded on ample information; for if you think it well to consult the supreem authority, perhaps the Communication would come thro' your Excellencie's bands with the greatest propriety. At all events I am persuaded the People of Carolina, Georgia, and the Western Settlements abstractedly con- sidered, will avail themselves when they have power to seize the whole to their use independent of Eastern consequence. I have finished the outlines of Maryland. If your Excellency can point out a Channell by which I shall get their District and County Lines, &c., you will oblige me much, as I have no acquaintance in that State. Whenever you have leisure, I shall be happy to see you or any of the Gentlemen of the Executive at my office in the Masons' Hall, and the oftener the better, as matters frequently occur wherein your advice. might be proper. I am, D'r Sir, Y'r much obliged H. Serv't. His Excel- lency's opinion Outlines of Maryland towmack The Ohio P. S.-I have platted the Powtowmack by the manuscript Maps, and The Pow- the Ohio by Hutchings; the Carolina Line being extended by Walker's added to Byrd's of 1728, and Fry & Jefferson's of 1749, agrees so accu- rately tho' taken from different scales, that after going round so many Hundred miles, there is not more variation than might be occasioned by the prick of the Compasses, which I hold as a strong proof of the cor- rectness of all those works. SIMON FRAZIER TO GOVERNOR RANDOLPH. August 10th IIe is directed by the Common Hall to inform his Excellency that an Petersburg attempt was made to burn the Town of Petersburg on the night of the 4th inst., by setting fire to the house of Mr. Alexander Horsburg in two places, which, if it had not been providentially discovered & extinguished, Attempt to burn the town 198 CALENDAR OF STATE PAPERS. 1790. great destruction of private property, as well as public property in the August 10th Tobacco warehouses, would have been the result. A reward of one Reward hundred pounds has been offered by the Town, for information that will offered for lead to the conviction of the perpetrator or perpetrators. The pro- the perpe- trators priety is suggested to his Excellency (being the guardian of the public property,) of issueing his proclamation to the same purport. The inten- tion was, it is supposed, to liberate the criminals from the District jail by drawing the attention of the inhabitants to a more distant portion of the town. August 10th S. SHEPARD, CLERK IN SOLICITOR'S OFFICE, To Governor Randolph. Richmond Enclosing a report of Executions against delinquent sheriffs, issued Delinquent previous to the last General Court, and which are now returned to this sheriff's office, with endorsements setting forth that sales could not be made for want of buyers, viz: August 10th Auditor's office Garland Anderson, sheriff of Hanover, (C Peter Sampson, Abram Penn, Goochland, Henry, Rockingham, Stafford, Wm. Nall, Jno. Pollard, Lawrence Baker, Isle of Wight, Otway Byrd, Chas. City, Simon Triplett, Jno. Bernard, Jas. Upshaw, Hugh Innis, Wm. Royster, Armistead Russell, Jno. McMillan, Geo. Rives, Thos. Mountjoy, (C (C (( (( (( (( (( (< (( (( (( (( (( (C Loudoun, Buckingham, Caroline, Franklin, Goochland, New Kent, Prince William, Sussex, Stafford, for taxes for 1782. ،، ( (( (C (( (( (C (( (( (( (( (( (( (( (( 1784-5. 1784. 1784. 1784-5. 1785-6. 1786-7. 1786. 1787. 1787. 1787. 1787. 1787. 1787. 1787. 1787. THE AUDITOR TO THE GOVernor. Informing him that he has no vouchers for the service of scouts or spies since March, 1789, at which period he made up an account of the Expenses of expenses incurred by the State in defending the Western Frontier sub- scouts or .spies sequent to the cession. An account of the claims settled since that time Can be made up supplemental to the one transmitted, which he will set about immediately if directod so to do by his Excellency. CALENDAR OF STATE PAPERS. 199 J. PENDLETON, AUDITOR, TO THE GOVERNOR. An account of the payments by the State of Virginia since February August 10th 20th, 1789, for the services of Scouts & Rangers on the frontiers: To Sundries per Voucher, No. 1, for the year 1788, ditto, K (( ( 2, ،، 1789, - £1,278, 18s, 6d. 1,590, 13 5 £2,868, 11s, 11d. THOS. ANDERSON TO GOVERNOR RANDOLPH. Petition asking that a fine of £50 imposed upon him by the Mecklen- burg Co. court for assaulting one Jno. Winkler, be remitted as being excessive, extravagant, & immoderate under the circumstances. The court encloses a certificate to the same effect; in which they say that £20 would have been in every respect sufficient. 1790. Auditor's office August 11th Mecklen- burg Petition for the remis- sion of a fine GEO. WASHINGTON, PRESIDENT OF THE UNITED STATES. August 13th Proclamation of a Treaty of Peace between the United States and New York the Creek nation of Indians, composed of the tribes of the Upper, Mid- dle, and Lower creeks, and Semanolies, concluded on August 7th, 1790. JOHN BROWN TO THE Governor. August 13th Enclosing a statement of his account for arranging 3,760 suits pend- Richmond ing in the General Court to the Several District Courts, making two Account for lists thereof, & taxing costs in 5,072 instances for plaintiffs & Defendants. arranging Making Copics of necessary papers at 10 lbs. Tobacco for each order, and 1 lb. Tobacco for every 20 words in the other copies, will amount to 6,386 lbs. Tobacco. The British Suits have been retained by order of the General Court, and are not included. JOHN MARSTON, JR., TO THE GOVERNOR. August 14th Enclosing his Commission as Ensign in the militia of Charles City Charles City County, dated Aug. 1, 1787, and signed by Beverley Randolph, Lieut.- Governor, at Richmond 14th of August, 1787. 200 CALENDAR OF STATE PAPERS. 1790. THOMAS DAVIES TO THe Governor. August 14th berland Stating that he is inclined to believe that Mr. Oldham has from Party Northum dispute, been placed the last in the nomination of Tobacco Inspectors. Mr. Oldham Fearing that this will not only deprive him of a Comfortable office, but for Tobacco at the same time injure his charactor, he has applied to him for assist- Inspector ance in this matter. He therefore takes the liberty of saying that he believes Mr. Oldham the most useful, & indeed the most agreeable of any person in the nomination, to all who have any concern for the reputa- tion of our Tobacco, and hopes that the Executive will continue in office a sober person, who has served the Publick three years in this capacity with diligence & honesty August 14th Petersburg SIMON FRAZIER TO JAS. WOOD, LIEUTENANT-Governor. Enclosing sundry affidavits of citizens of Petersburg, on which to ground a proclamation from the Gov'r offering a reward for the appre- hension & conviction of the person or persons who attempted to fire this town on the night of the 4th Inst. August 17th James Lyle, Alex'r Banks, Androw Nicolson, Nat. Kelso, & Furning Chesterfield & Wardrop, to the Gov'r & Council, recommending Wm. Ball for Inspec- tor of Hemp for Chesterfield County. August 19th ALEXANDER HAMILTON, SECRETARY OF THE TREASURY, TO Governor BEVERLEY RANDOLPH. Sir, New York I have the honor to acknowledge the receipt of your letter of the Receipt of 9th inst., containing a Cession of two Acres of Ground on Cape Henry to the United States, intended for the Site of the Light-House. On the for Light- return of the President, who is now on a visit to Rhode Island, meas- ures will be taken for the early completion of a Building, so necessary to the Commerce of the States on the Chesapeak. cession of two acres house at Cape Henry I have the honor to be, very respectfully, Your Excellency's most obedient Servant. CALENDAR OF STATE PAPERS. 201 ARCH'D DENHOLM TO THe Governor. Calling his attention to the unusual indistry and address displayed by August 23d him in the collection of Vouchers in the Gloucester District, asking that Richmond his services in this matter be reconsidered, and he be allowed a further allowance. 1790. The new Cartridge boxes & other accoutrements imported from France, are carefully packed & appear well preserved. There are a large number of old ones in good repair, lying on the floor in the loft of the Arsenal-they appear to be somewhat mouldy; they would be bet- ter preserved if packed in cases like the others. A large number of old arms are piled in the loft of the Work-shop, very rusty, and should be cleaned immediately. A number of good musket-barrels cleaned, & he is informed that the stockers are preparing stocks for them. The pow- dor is all removed into the new magazine, the walls of which do not appear to be sufficiently dry. This is occasioned by two or three leaks in the roof. He is informed that the Superintendent intends putting on a new roof immediately on a better construction. LETTER FROM THE GOVERNOR. the Post at Point of Fork August 24th Reporting that he had visited the Post at the Point of Fork Report on and Examined the Arsenal, magazine, &c. The new French arms continue in good order, except some small spots on the barrels, occa- sioned probably by the late rains. Three of the apartments in the Arsenal Contain by the Return 5,717 old dissorted muskets; these Old muskets appear to be in good repair, except that the greatest part of the bayo- nets which have been forged at the Post, are in a rough State—never having been ground. The machine for this purpose being reported out of repair. Powder He is unable to make so accurate a Report as he wishes on account of Superin- the absence of the Superintendent. His assistant not being so well acquainted with the business as to give satisfactory answers to some of the inquiries he thought proper to make. tendent absent HENRY ANDERSON TO THE Governor. August 24th Petition shewing that the Amelia county court are about to fix the Amelia courthouse and public buildings on the land mortgaged by him to secure Courthouse a debt due from him to the Public, on account of the late Christopher and public buildings Hudson, Sheriff. And as the Court has doubts about their right to place 26 202 CALENDAR OF STATE PAPERS. 1790. the public buildings on his lands in its present situation, he prays his August 24th Excellency to give the Court leave to take as many acres of the said lands for the above purpose as are prescribed by law. They paying the value thereof to the credit of his said debt. August 25th Norfolk Borough August 26th Jno. Beckley, Clerk of the House of Representatives, transmitting New York three Copies of the Journal of the poceedings of that House-One for the Executive, and one for each branch of the State legislature. Kentucky Militia August 26th JOHN EDWARDS, COUNTY LIEUTENANT OF BOURBON COUNTY, TO BEV- ERLEY RANDOLPH, Esq. August 26th ALEX'R MOSELEY, CLERK OF THE COURT, TO THE GOVERNOR. Certifying that the Court recommends John Boush, Gent., for alder- man, in place of Wm. Plume, gent., who declined qualifying to his com- mission. August 27th Stating that he had at several times transmitted the number of mili- tia in this county, tho' the Emigration is so considerable, he cannot with any exactness inform him of the number. There has never been one penny collected for fines on acct. of delinquencies in this County. BEVERLEY RANDOLPH TO THE ATTORNEY-GENERAL. Sir, Richmond A Doubt has arisen whether the commissioner's Fees & other ex- Commis- pences attending the Sales of Land under the Revenue Laws are to be sioner's fees, defrayed out of the Amount of the sales. As this matter is of consid- &c. erable moment & has been much agitated in some counties, the Execu- tive request your opinion upon the subject. I am, Sir, Y'r obed't Serv't. JAMES INNES, ATTORNEY-GENERAL, TO THE Governor. Richmond I am of opinion that the Commissioner's fees, and every other legal The opinion expence attending the Sales of Lands under the Revenue Laws, are payable out of the money produced therefrom. CALENDAR OF STATE PAPERS. 203 THOMAS JEFFERSON, SECRETARY OF STATE, TO THE GOVERNOR. Sir, New York I have the honor to send you herein enclosed a collection of the Acts August 30th passed by the Congress of the United States at their second session, to which are annexed all the Treaties which have been already made and promulged under the Authority of the United States, and of being with sentiments of the most perfect respect, 4 Your Excellency's Most obedient & most humble Servant. : COLONEL WM. DAVIES TO GOVERNOR RANDOLPH. Sir, I had observed the application made by Mr. Jefferson prior to the receipt of your Excellency's letter, as I formerly informed you. I have since examined the matter more particularly, and find it has no relation to any discrimination between State & Continental paper, but only respects a transaction between the Continental Treasurer and a person on whom the State had procured a bill for a sum in paper, which the Treasurer had exchanged for a sum in specie; which exchange Mr. Jef ferson did not wish should bind the State, but that a credit for the amount of the paper should be given her. The board have not sat for some weeks past-their authority having expired, and the new appoint- ments being but lately made. Their clerks, however, still go on with business. The proofs of the relative value of State & Continental paper forwarded by you, seem satisfactory to the Commissioners. In haste, I have the honor to be, Your Excellency's most obed't Serv't. 1790. Enclosing Acts of Con- gress and all treaties made August 31st New York Mr. Jeffer- son State and Continental Paper S. SHEPARD, CLERK IN SOLICITOR'S OFFICE, TO GOVERNOR RANDOLPH. August 31st Asking for a warrant for Thirty pounds to defray expences of Riders Richmond with executions, &c., against sundry publick debtors. DANIEL MILLER TO THE GOVERNOR AND COUNCIL. August Petition asking that a fine of six pounds assessed against him by Winchester Frederick County Court, be remitted-It being for a breach of the Petition for peace committed by him against one Wm. Phillips for excessive abuse. remission of He asserts that the prosecution was malicious, and refers his Excellency to the signatures of his neighbors who testify to his character as a peacable, honest, and industrious man. a fine 204 CALENDAR OF STATE PAPERS. 1790. Sept. 1st Richmond Petition for the remis- sion of a fine for con- tempt of Court EDWARD VOSS TO THE GOVERNOR. Petition shewing that he had been fined Five pounds by the Court of King & Queen Co., for contempt of court for not asking & obtaining the leave of the court after having been empanneled as a juror. He states that he was called to that court as a witness in a case; which case was postponed; that the sheriff summoned him for a juryman; that he served on one Jury; that being ignorant of the customs of courts, (never having served on a Jury in Richmond on account of his engage- ments with the Public), and being very anxious to get back to Rich- mond to his business & family, he left-not being aware of the necessity of first obtaining leave of the court; and in this way committed the unintentional contempt. He therefore prays the remission of the said fine. Sept. 2d Sept. 1st T. Posey certifying that John Eager enlisted with him on February John Eager 13th, 1776, in the 7th Virginia Regiment. He re-inlisted in said Regi- Enlisted in ment on Feb. 14, 1777, during the war. He was detached on June 10th 1776 following from the 7th Reg't, & incorporated in his company in the Rifle Reg't commanded by Col. Morgan; in which Corps he was on the Wounded 19th September, 1777, wounded through his left arm by a shot at the battle of Stilwater; that he continued with the Reg't until November, Lost the use when he was sent to the Hospital where his wound mortified & deprived of his arm him totally of the use of his arm. He can with truth say that a more orderly & brave soldier was not within his knowledge. H. Knox, SECRETARY OF WAR, TO GOVERNOR Randolph. Sir, New York I have the honor to acknowledge the receipt of your Excellency's Protection favor of the 11th ultimo, with the enclosures therein contained, and I to Russell stated to the President of the United States the protection you have County approved by extended to Russell county, who expressed his approbation thereof. the Presi- dent I have also the honor to acknowledge the receipt of the lieutenant- governor's favor of the 17th ultimo, with its enclosures. Governor St. Clair has in person, laid before the President the plan of the proposed operation against the Wabash Indians, which has been approved. It being the anxious desire of the President that the expedition should be effectual and not require a repetition, all the arrangements are made to accomplish so desireable an end. For this purpose, Governor St. Clair CALENDAR OF STATE PAPERS. 205 ► has been further empowered to require, if necessary, an additional num- ber of men. If therefore, there are any measures necessary to be taken by your Excellency and the Council, in order to facilitate an additional number of men, the President of the United States hopes that they will be expedited with all possible dispatch. troops It has been suggested that the expedition may be liable to miscar- Jealousy of the Militia riage from a jealousy of the militia and regular troops. It is devoutly and Regular But if to be wished that such suggestions may be entirely unfounded. jealousies should exist, it would be highly important that they should be entirely removed, or suspended during the season of activity. I shall write particularly on this point to Governor St. Clair and to Brigadier General Harmar, to adopt the most conciliating conduct. It has also been mentioned as a circumstance of considerable impor- Cols. Logan and Selby tance to the success of the expedition, that Colonels Logan and Selby should be induced to accompany the militia on the expedition, even as volunteers, great confidence being placed in the characters of those gentlemen. Could your Excellency therefore influence those gentlemen to go forth on this occasion, it would be highly acceptable, and might tend greatly to the accomplishment of the public good. The expence of the expedition will be great, and if it should fail by any circum- stances whatever, the public injury and disappointment will be in pro- portion. It is thought proper for particular political reasons, to give. the expedition the appearance of being levelled only at the Shawanese. I have the honor to enclose some copies of the Creek treaties for your Excellency; and am with the greatest respect, Your Excellency's Most obedient and very humble servant. 1790. Sept. 2d COL. WALTER CROCKETT TO THE GOVERNOR. Sept. 3d Sir, Assistance in case of Depreda- tions of I, a few days ago rec'd your letter dated in June last, informing Wythe Co. me the President of the United States has authorized the Executive of President of United this State to afford us some assistance in case the savages should com- States mit Depredations in our county. I am induced to believe, if the authority be no further extended, that it will be of very little service to us, after the commission of hostilities on the frontiers of this county, 250 miles from the Executive. Communications would then be altogether unnecessary, the savages would be out of reach before orders could be received. A week or two ago, 5 or 6 persons were killed by the Indians on Clinch, in Russell county, which is very near us; it is uncertain when hostilities may be committed on the inhabitants of this County, but I think we are in as emenent danger as any people can possibly be ex- posed to. the savages Persons killed 206 CALENDAR OF STATE PAPERS. 1790. Sept. 3d Militia officers The recommendations of militia officers for this county were put into the Hands of Colo. Lynch to carry down 3 months ago; it seems they have by some means miscarryd. I Have now sent by way of Express the recommendations of militia officers for this County, & an acct. of Situation of the present situation of its harrassed Inhabitants. I am Hopes your the inhabi- Excellency will grant Mr. Joseph Evans an order for his pay-he having tants Jos. Evans rode 250 miles to carry this, without any other business. Sept. 6th Sept. 7th H. KNOX, SECRETARY OF WAR, TO GOVERNOR RANDOLPH. War office Requesting him to forward the enclosed important packet to William Governor Blount, Esq., Governor of the Territory of the United States ceded by Wm. Blount North Carolina. He is on the frontiers of North Carolina, at Washing- ton Court House, between the forks of French, Broad, and Holstein Col. Arthur rivers, which form the Tennessee. It may be sent to the care of Col. Campbell Arthur Campbell, with a request to forward it by Express to Governor Blount, if his Excellency should have an immediate and safe opportu- nity. If not, he will please forward it by a special Express, whose account shall be paid on information of the amount, by order on Colonel Heth. Westmore- land Sept. 7th Prince Wil- liam Co. I am, Sir, Your ob't Servant. He also transmits to his Excellency some proclamations by the Presi- dent of the United States, respecting the observance of certain treaties and a law passed the last session relative to indian affairs. JNO. JAS. MAUND TO THE HONORABLE JAMES WOOD, ESQ. Requesting that he will propose his name to the Executive, and ask that he be appointed a Notary Public for Westmoreland, Richmond, Northumberland, & Lancaster Counties. ALEX'R BROWN TO THE GOVERNOR. Enclosing the order of Prince William Court, recommending him for Sheriff, and asking that his Commission be sent him as speedily as pos- sible. CALENDAR OF STATE PAPERS. 207 : JNO. HARDIN, COUNTY LIEUTENANT, TO BEVERLEY RANDOLPH. Stating that he had sent him a general return of the militia for this county. Very few of the officers have commissions, owing principally to removals, resignations, & preferments. There is not a commissioned Field officer in the county. He asks that he will order at least one hun- dred blank commissions to this county. : EDMUND RANDOLPH, ESQ., TO THE GOVERNOR OF VIRGINIA. Sir, The board of property here, have decided on several claims under Virginia, to lands which have fallen within the limits of Pennsylvania, in consequence of the meridian drawn from the Western Extremity of Mason & Dixon's line, when extended & due west, five degrees of longi- tude from the river Delaware. They are about to proceed still farther, and from a communication made to me yesterday in the line of my profession, I am satisfied that the rights of those who depend on the support of Virginia, have at least not been well understood. I have the honor Sir, to be, Y'r respectful & obed. serv. 1790. Sept. 8th Nelson Co. Militia Stating that he had made application to the commissioners appointed under the Act for Equalizing the Land Tax for the books of the Land Tax, but has not received them. He has since been applied to to com- pare and certify the Commissioner's lists, which he cannot with safety do for want of said books. He desires a speedy answer on this subject. Sept. 9th I suspect that the board has not yet received an authentic statement Land laws of our land laws. This was formerly directed to be prepared, and I had a conversation, long since forgotten, with the Attorney-general of Vir- ginia on the subject. As well, however, as I now recollect, he could do nothing in it without a full copy of our laws, for which he might possibly have depended on me. If you conceive that I can be instru- mental in warding off the injuries, which many claimants may sustain, from an ignorance of our laws, I shall be ready to state them to the board, in behalf of our state; and perhaps it may be considered as proper that your Excellency should have a report of what has been done in those cases of lands, claimed under Virginia titles. Here too, my services are at your command. If they should be thought important, a letter to President Mifflin, might best open the business. Philadel- phia Virginia land claims JNO. EDWARDS, CLERK OF BOURBON COUNTY COURT, TO GOVERNOR Sept. 9th BEVERLEY RANDOLPH. Bourbon Land tax books not received 208 CALENDAR OF STATE PAPERS. 1790. Wm. Nelson, clerk of Caroline county Court, certifying that Peyton Sept. 9th Stern, Thomas Alcock, Wm. Buckner, Sen'r, and James Bowie, are re- Caroline Co. commended to his Excellency, the Governor, and Council, for Tobacco Inspectors at Roy's warehouse. Sept. 14th Fauquier Sept. 15th H. KNOX, SECRETARY OF WAR, TO THE GOVERNOR OF VIRGINIA. Sir, War In pursuance of an Act of the Congress of the United States "to Department enable the officers and Soldiers of the Virginia line on continental estab- Officers and lishment, to obtain titles to certain lands lying northwest of the river soldiers of Ohio, between the little Miami and Sciota," I have the honor to trans. Virginia line Titles to land mit to your Excellency a list of said officers and soldiers, who are upon record in this office. JNO. GREEN, JR., AND OTHERS, TO THE GOVERNOR. Petition for the pardon of Joe, negro man-slave, tried and sentenced to be hung for administering drugs. They feel assured of his innocence, which they say has been proven to their satisfaction, and that the Evi- dence which convicted him was intended as Evidence against his father, Mazar, a negro man-slave, who was known to have mixed and adminis- tered drugs. The said Mazar at a subsequent trial was tried and also sentenced to be hung. Sept. 15th I have the honor to be, Your Excellency's Most obedient & most hum. Serv't. H. KNOX, SECRETARY OF WAR, TO THE GOVERNOR OF VIRGINIA. Sir, War The Congress of the United States have directed the register of the Department Treasury to issue certificates to the military invalids and to the Widows Register of military and Orphans of such officers, non-commissioned and privates who were Invalids, killed or died while in the Service of the United States, and who are widows, &c. Entitled to entitled to pensions by the Act of Congress for the arrears of their pen- pensions sions due prior to the 4th of March 1789. It is therefore become neces- Sums due sary to ascertain with precision the sum due to each individual of the above description. As several of the States may have paid a part or the whole of the said arrears since the return received at this office. *Not found. CALENDAR OF STATE PAPERS. 209 1790. I have the honor respectfully to request that you would be pleased to cause me to be informed whether any such payment of arrears has Sept. 15th been made by the State of Virginia since the 17th day of March, 1790, Payment of the date of the list transmitted to this office by your direction. arrears If any partial payments have been made by the State of Virginia, I take the liberty to request the information whether any arrcars prior to the said 4th of March, 1789, remain duc; and if so, the amount to cach individual? If no payments have been made since the date of the list, the arrearages may be made out at this office, presuming on the accu- racy of the list received. Sir, I have the honor to be, Your Excellency's most obedient, humble Servant. EDWARD MCGUIRE AND OTHERS TO THE GOVErnor. Sept. 20th Dr. James Medlicott for murder This is a petition signed by a large number of the inhabitants of Winchester Frederick and adjoining counties praying for the pardon of Doctor Petition for James Medlicott, who was convicted at the last District court held in pardon of Winchester, and sentenced to be hung on Octo. 22d, next, for the mur- der of one Wm. Hefferman. They state that he was exceedingly pro- voked with abusive epithets, and struck with a heavy cudgel by the said Hefferman, when he ran into the house, seized the first weapon he could find, which proved to be a spade, with which he struck the deceased and by which blow he was killed. They consider Medlicott a peacably dis- posed man, and the circumstances very aggravating, and though the law declared him guilty, and pronounced his sentence, they yet appeal to the mercy of the Executive in this case, and beg them to consider the great difference in character of the two men, and extend the mercy which they so earnestly seek for this unfortunate man. CH. SIMMS TO GOVERNOR BEVERLEY RANDOLPH. Partial payments Sept. 20th Having a Title derived from the State of Virginia to a considerable Alexandria quantity of land in the territory ceded by Virginia to the State of Pen- Land titles sylvania, I take the liberty of informing you that by an Act of the Legis. in Pennsyl- lature of that State, all titles which shall not be carried into grant by the first of next April, are declared void. The board of Property in Pensylvania refuse to order Patents for Board of Lands claimed under Virginia rights, because they say they are not fur- property re- nished with a complete collection of our Land laws duly authenticated. fuse Patents 27. 210 CALENDAR OF STATE PAPERS. 1790. Unless those laws are speedily forwarded to the Board of property, Sept. 20th many citizens of Virginia will be deprived of very valuable property within the state of Pensylvania. This consideration I am persuaded will induce you to take effectual measures to furnish the Board of prop- erty with all the Laws passed in this State, respecting the granting of Lands. Most of those Laws have been frequently revised and continued. The Acts for the revival and Continuance of them ought also to be for- warded. Sept. 25th Amelia Co. Sheriff I am Sir, with due respect, Y'r obed't Servt. THOMAS V. BROOKING, CLERK OF AMELIA COUNTY COURT. Certifying that Henry Anderson, Edmund Booker, & John Pride, are recommended to the Governor, for sheriff. Sept. 27th J. PENDLETON, AUDITOR, TO THE GOVERNOR. Regulations Enclosing the report of the Committee appointed Dec. 29th, 1789, to in the public make certain regulations for the more efficient and safer conduct of the Auditor's, Treasurer & Solicitor's offices, and which had been submitted to him for any suggestions he might think proper to make. He states that he has no alteration to suggest. That he is satisfied with the laws as they now stand, but will use his best endeavors to render it adequate to the attainment of the objects of the law under which it is formed. Sept. 28th ALEXANDER HAMILTON, SECRETARY OF THE TREASURY OF THE UNITED STATES TO THe Governor. Sir, Treasury I have the honor to inform you, that the funds necessary to dis- department charge the arrears due to the Virginia line, have been placed in the New York Funds for hands of the Pay Master General, with instructions to remit them to the arrears John Hopkins, Esquire, Commissioner of Loans for your State, to whom ginia line the execution of the business is Committed. Mr. Hopkins is furnished placed in with the official returns, and has my directions to inform you of the hands of Pay-master receipt of the money, that you may cause the same to be made known General to the persons concerned. to the Vir- ! I have the honor to be with great respect, Your Excellency's most obed't & most hum. serv't. CALENDAR OF STATE PAPERS. 211 1790. S. SHEPARD, CLERK IN SOLICITOR'S OFFICE, TO THE GOVERNOR. Requesting an order on the auditor, for a warrant on the Treasurer October 1st for £30, to defray expences of Riders with notices to delinquent Inspec- Richmond tors, and on duty Bonds. October 1st SAM. COLEMAN TO THE GOVERNOR. Stating that he has examined the Pay Roll of the Supt. & artificers at the Point of Fork, for the quarter ending Sept. 30th, and finds the same truly stated, with a balance due of £138, 16s, 6d. Pay roll of the Pay-rolls at Guard, as usual for the same time, amounts to £72, 12s. By an account of cash received and expended, it appears that £27, 7s, 43d. remains in the hands of the Supt. £73, 4s, 14d. having been expended for contin- gencies, and to clothe the Guard, the account whereof is submitted. expended Estimate for forage for 1790–1, as usual is £70, & is also submitted. Point of Fork Amounts Council office CAPT. E. LANGHAM TO THE GOVERnor. Stating that his letter of July 16th not having been received, is the Richmond reason that his Excellency had gotten no answer. He is sensible of the justice on which the Honl. Board took up the business in regard to the complaint of Thomas Harris. He observes the number of charges against him, and for his general conduct at the Post, must refer his Excellency to the artificers, soldiers and the neighboring inhabitants. He frequently has small jobs done in the shop, both for himself and Jobs done in the shop neighbors, but they are small jobs & such as cannot be done in the neighborhood, but has never made a charge, either for his own or the public's benefit. He keeps the public waggon in his own service except when wanted for public use, for which service he amply repays the pub- lie by purchasing fine wood of Mr. Ross at his own expence, & hiring waggons at his own expence to assist in hauling whenever occasion requires. A great quantity of work done in the shop, appears to be private, considering the place as an armoury only, but from the number of buildings requiring hinges and other articles made here, which would. have to be purchased, and which my returns will prove, the public are at no expense; all old musket barrels and other unservicable material are worked up when occasion requires. Lastly, he conceives that it is im- possible for him to waste the public property, when be considers that he must account for all deficiencies, or give just reasons when they are gone. As to his punishing & dismissing Harris, he considered his crime Punishing sufficiently deserved it, and he knew of no other redress against him. Harris October 1st Thomas Harris Public wagon 212 CALENDAR OF STATE PAPERS. 1 1790. October 1st Washington Letters received for and for- warded to Governor St. Clair and others October 5th ARTHUR CAMPBELL, COUNTY LIEUTENANT OF WASHINGTON Co., To October 7th Collector of taxes for Henry Co. He has been here but 2 months & 23 days. He endeavored to get the artificers in confusion by trying to dissatisfy them with their wages, saying that the Supt. was the cause of it, and that the Executive desire was that their wages should not be so low. That he had influence with the Executive & would see that they were raised, & other things of this nature, which he thought (together with being informed that he was not honest), sufficient reason for punishing & dismissing him. Remon- strance against his pardon Stating that he had on Sept. 26th last, received a letter from Lt. Gov'r Wood on public business. Also one directed to the County Lieut. of Russell Co.; also Letters to the County Lieut. in the Kentucky Dist.; one for Gov'r St. Clair; all through Mr. James Campbell, of Wythe Co. Said letters have been forwarded to Harry Innes, Esq., through Jerse Walker, Esq., and doubtless safely arrived in Kentucky before this time. DANIEL TOMPKINS TO THE GOVERNOR. Stating that he had been Commissioned by Honl. Jas. Wood, to col- lect the Revenue Taxes of Henry County for 1786, but was too sick to procure sufficient security before the last Court adjourned. He now has the security to offer when the next Court meets. Col. Geo. Hair- ston applied to the Court to be recommended in his stead. He trusts that his Excellency will, under the circumstances, permit him to retain. his Commission, and give the proper security at next Court. October 7th JOHN TYLER, PETERFIELD TRENT, AND OTHERS, TO BEVERLY RAN- DOLPH, Esq., Governor. Charles Burkes Petition for This is a petition for the pardon of one Charles Burkes, now under pardon of sentence of death for horse stealing. They state that his conviction could only have been effected but by his confession, which he was induced to make by promises of mercy. They acknowledge the very bad character of the criminal, and plead his pardon for the reason stated above, and for the sake of his aged parents, who are highly respectable. people. They promise to send him away from the Continent if par- doned, with the assurance that he shall never return. Accompanying these petitions, is a remonstrance from numerous well known citizens of Nottoway County, against the law being interfered with in this case, as CALENDAR OF STATE PAPERS. 213 1790. they are prepared to prove to his Excellency the numerous frauds and other villanies which the said Burkes has committed, and whom they October 7th conceive to be not in the least entitled to clemency. JOHN HOPKINS, U. S. COMMISSIONER OF LOANS FOR VIRGINIA, TO THE October 7th GOVERNOR. Sir, to pay arrears of pay, &c., of I am directed by the Secretary of the Treasury of the United Instructed States, to acquaint your Excellency that he has instructed me to dis- charge the arrears of pay & subsistence due to the officers, non-commis- officers and sioned officers, and privates of the late Virginia line, on Continental privates of establishment, agreeably to statements of the balances due, which have late Virginia line been transmitted to this office, and further to request that your Excel- lency will be pleased to communicate this information in the most effectual manner, to the several claimants, to prevent impositions. I have received from the Paymaster-General sundry drafts, of the Treasurer of the United States, on the several Collectors in this State, which I have put into a train of Collection, the monies to be applied to this object, and I have the expectation of being in complete readiness to discharge these arrears upon proper applications, agreeably to the terms of the resolutions of Congress passed on the 7th June last, in the course of the ensuing week. I have the honor to be with great respect Sir, Your mo. ob't servant. WM. POLLARD, CLERK OF HANOVER COUNTY COURT, TO GOVERNOR October 9th BEVERLY Randolph. Certifying that John Syme, commissioned to be sheriff of this county, Hanover Co. hath not entered into bond with security, for the collection of taxes as John Syme the law directs. JOHN SYME TO THE GOVERNOR. Stating that he had offered sufficient security to the Court for his office Hanover of Sheriff, but they would not determine on its validity, alledging that they wanted a full bench. They seem to be contending against the Executive and wish to deprive him of his undoubted right to the Sheriff- alty. He requests that no new commission be granted, as no evil can arise to the public by a postponement of the matter. October 9th 1 offered; court would not determine 214 CALENDAR OF STATE PAPERS. 1790. SAM. COLEMAN TO THE GOVERNOR. Informing him that a letter, together with a pay roll has been put into his hands from Otho H. Williams, Esquire, in regard to the services of a Company of Militia Cavalry, in Jefferson County in 1788, asking such information thereon, as may be necessary for the adjustment of the said Pay Roll. He begs leave to report to his Excellency, that the said Pay Rolls had already been presented to the Executive for settlement, but was rejected upon the principle that no militia cavalry were author- ized by that body to be called into service. That a Petition to the assembly for allowing the additional expences. attending the employment of Cavalry instead of Rangers, hath been rojected. That the Board of Officers Authorized by the Executive to Scouts and employ as scouts and Rangers, such number of the militia of the Dis- rangers trict of Kentucky as they should deem proper, ordered for service in the County of Jefferson, for the year 1788, twelve scouts and seventy-five rangers; and that no pay roll for the rangers for that county, in the said year, hath been settled in the Auditor's office by order of the Executive. October 9th Council office Militia cavalry in Jefferson Co. None authorized October 9th JAMES TAYLOR TO THE GOVERNOR. Stating that the Commissioners for building the Marine Hospital, had requested him to apply to the Executive for information as to the state of the funds remaining in the Treasury, which were appropriated for that purpose. The Commissioners are apprehensive that considerable time must elapse before the completion of the building, unless the More funds Assembly adopts some mode of raising the necessary surplus required required to complete it. Norfolk Marine hospital October 11th JAMES LYLE TO THE Governor. Manchester Stating that he was informed by Mr. Daniel Tompkins, that he Daniel had been Commissioned to collect the Taxes in one of the back coun- Tompkins' ties, but had been unavoidably prevented from giving the required secur- commission October 11th Hanover Co. ity at the last Court. He considers Mr. Tompkins a suitable person for the business, & hopes no other recommendations will be made. ELISHA WHITE TO GOVERNOR BEVERLY RANDOLPH. Asking that he be commissioned as sheriff of Hanover County, the position for which he was recommended by the Court, two years ago, CALENDAR OF STATE PAPERS. 215 1790. but which by foul play, Mr. Anderson obtained. He conceives that his long service as a magistrate in Lunenburg and Charlotte Counties, October 11th entitled him to the preference. Sam. COLEMAN TO THE Governor. Stating that no alteration had taken place in the Militia since his last report, except a return of strength from the County Lieut. of Louisa. October 12th Their several petitions, applying for the position of Door-keeper to the Executive, made vacant by the recent death of John Connor. Council office L. WOOD, PUBLIC SOLICITOR, TO BEVERLY RANDOLPH, ESQ. Enclosing a letter which he received on the 10th inst., purporting to Hanover give information in regard to certain property in Frederick County, about which a suit is pending in favor of the state. He does not know exactly how to act in the matter. If true, such information would be very beneficial to the public, and shall be answered by a publication in the Gazette. It may be a plot in order to get the suit against the Security removed, and amuse him in searching after imaginary property, in which case it should not be noticed. He requests that his Excellency will decide as to the propriety of sending an execution to Frederick County upon this information, & should property be found, then suggests that a public acknowledgement of the letter should be made, as an encouragement to future information of the kind. October 12th MRS. CONNOR AND OTHERS TO THE GOVERNOR AND COUNCIL. Mrs. Connor, widow of the late Jno. Connor, deceased; Terry Connor, Applying for door- Christian Bowers, Jos. Liplong, Thos. Upshaw, Thos. Harris and keeper's others, to the Governor and Council: place to the Executive October 12th EDMUND LYNE TO COLONEL HENRY LEE OR COLONEL ALEX'R D. ORR, October 14th IN THE ASSEMBLY. Informing them that things have taken such a turn with him, he will Mason Co. leave this place next December, and settle on Hinkson's fork in Bourbon Lower Blue County. Residing in Bourbon Co., it will be incompatible for him to be sheriff of Mason Co. He requests that the Executive be informed of these circumstances, and also that it is his earnest desire that Col. Henry Licks 216 CALENDAR OF STATE PAPERS. 1790. Lee, who stands next in the recommendation, be made sheriff of Mason October 14th Co. He states that the army composed of about 2,400 men under the Col. Henry command of General Harmar, marched from the mouth of Licking Lee, for sheriff of about a fortnight ago, but no accounts have been had from them. The Indians are perfectly still in this quarter, so that he supposes they are making preparations at home for their defence. Mason Co. October 17th ANDREW DUNSCOMB TO THE GOVERNor. Sir, Richmond I request you will be pleased to direct the Auditor of Public Ac- Requests to counts to adjust my account for Pay and expences, as also for the loss have his pay, sustained in House Rent in consequence of my leaving the service of the &c., settled State previous to the expiration of the term for which I had taken the same. Had the cause of my quiting the service of the Commonwealth have proceeded from any other source, or could I be satisfyed of the rectitude views as his heart of the motives that led to it, my mind, as well those of others who are Conceives equally friends of the State, would be better satisfyed; for myself, I the author's hesitate not to declare that I conceive the views of the Author as design- designing as ing as I do his heart-an opinion that led me to quit the office imme- diately upon being furnished with a Copy of the minutes of Council; which, untill then, were known only to himself, and were falsely related and repeated with different constructions and a denyal of having writ- ten in the stile of the minutes-producing your Excellency's letter to prove the assertion—but his to you was mislaid; concluding with a de- claration of sorrow at my quiting, as he intended going on with the business alone after the next quarter-a declaration I view'd in the light of his others. I trust I shall be pardoned for observing that I neither feel satisfied nor well treated at being obliged to quit an office that has not sustained any injury from my unremitted exertions, nor does reflection induce a belief that my future Conduct, with a character more open and sincere, would have been less productive. It perhaps might be considered obtrusive for me to deleniate the view I eonceive I stood in in the eyes of the Representation of Vir ginia. I will therefore only observe that I feel myself easy on that score while in office and anticipated a better return for my integrity, assiduity and laborious struggles to promote the Interest of Virginia than I have experienced. I have the honor to subscribe myself, A Your most obe. Humb. Serv't. P. S.-The Accompanying Letter the Attorney-General of the United States was pleased to give me. CALENDAR OF STATE PAPERS. 217 Kategorie to c : SAM. A. OTIS TO THE GOVERNOR OF VIRGINIA. Enclosing a copy of the Journal of the Senate of the United States October 20th at the second session of Congress, begun and held in this City January New York 4th, 1790, with a request that he may have a line in answer hereto. 1790. G. THOMPSON TO BEVERLEY RANDOLPH, Esq. Charging Tunstal Quarles, High sheriff of Fluvanna county, with Richmond. gross and palpable abuses of his office, viz: in 1783, he then being a coroner, an Execution was put into his hands, being the Commonwealth against William Henry, sheriff of the said county-said Quarles was applied to not to levy and he should receive Ten pounds; which sum he did receive, and the Execution returned "no effects"; that the said Quarles, as sheriff of Fluvanna co., in April last, conducted the election of Delegates contrary to the laws of the country; that he also failed to return to the clerk's office all the names of those who voted for Geo. Thompson at the said Election; that about the 6th of September last, a writ was put into his hands, being Meriwether Morriss, plaintiff, against Elias Langham, defendant, which he was desired to execute; after that day, and before the return day of the writ, Quarles administered an oath to the said Langham as a Juror, to view a place for a mill. The said writ is now in the office of the District court at Charlottesville, and the return on the same is "come too late to hand." The above charges can be proved by him. October 22d Charges against Tunstal Quarles, sheriff of Fluvanna County, with abuses of his office CHARLES HAY, CLERK OF THE HOUSE OF DELEGATES. October 22d Resolved, that the Executive open a Correspondence with the Presi- Resolution dent of the United States, on the subject of a Woollen manufactory, in President of order to bring the negotiations for the establisment of a woollen manu- factory within this Commonwealth to some definite shape for future Contract, if deemed proper, and that they report their proceedings Manufactory thereupon to the next session of the assembly. United States Woolen Within this State Nov. 8th, 1790, Agreed to by the Senate. ROBERT CARTER TO THE HONL. BEVERLEY RANDOLPH. October 22d Stating that he had been confined at this place since Sept., 1789, by sick- Westmore- ness. This, together with advanced age disqualifies him from acting with land County that spirit and diligence requisite under his appointment. Mandamus dated 13th of June, 1789, now most gratefully acknowledged. 28 218 CALENDAR OF STATE PAPERS. 1790. CHAS. HAY, CLERK OF THE HOUSE OF DELEGATES. October 23d Resolved, that the Petition of Col. Wm. Finnie, praying to be allowed Resolution certain additional pay granted by the board of war, while acting in the in regard to certain Quarter Mastor's Department, with the vouchers in support thereof, additional ought to be referred to the Executive for settlement, and they direct pay to Col. the Auditor of Public accounts to issue warrants for whatever compen- Wm. Finnie sation they shall think said Finnie ought to receive for his public services. Nov. 6th, 1790, Agreed to by the Senate. October 25th Council office Scouts in Harrison Co. October 25th Richmond Scouts in They contain also claims for four Scouts for the services rendered in Randolph Randolph County, in the year 1789, without any authority that I can County discover. Williams- burg Sir, The inclosed Papers contain claims for services rendered by four scouts for the county of Harrison, for the year 1789, commencing in September. The Governor's letter discharging the Scouts and Rangers is dated the first of June, 1789. Only two scouts were allowed this County for '89; yet on the 17th of October, it has so happened that four have been paid for services rendered in the course of this year. Mr. Jackson says, that the Governor's letter did not get to hand till the time of the conclusion of these services, but that will not justify the employment of four Scouts, when but two were allowed. October 26th: SAM. COLEMAN TO THE GOVERNOR. し ​# I have the honor to be Sir, S. SHEPPARD, CLERK IN SOLICITOR'S OFFICE, TO THE GOVERNOR. Enclosing the Annual Statements of the Commonwealth's Revenue & Expenditures, together with a list of balance due from the several Counties for the years 1782, '83, '84, '85, '86, '87 & 1788, which he re- quests may be laid before the Honorable House of Delegates. Your Most ob't Servant. Jos. PRENTIS TO BEVERLY RANDOLPH. Stating that his letter of the 15th inst. came to hand on yesterday. That Mr. Randolph and he signed the report some time in June, and CADENDAR OF STATE PAPERS. 219 the 1790. Mr. Ran- dolph Report Mr. Taze- papers were delivered to Mr. Tazewell for his examination. Mr. Randolph had his assurances that after Mr. Tazewell's revision, the October 26th papers should be sent to Mr. Marshall. This he expected to do early in August. They are still in the possession of Mr. Tazewell, but cannot tell what progress he has made in their revision. Mr. Tazewell is now absent on his circuit at the Eastern shore, and upon his return, he will well, Mr. make personal application to him for their delivery, when they shall be forwarded to the Executive, that the report may be submitted to the Legislature at an early period of their present session. MEMORIAL to GovernoR RANDOLPH. Geo. Jackson, Abraham Claypool, Cornelius Bogard and Jno. Haymond, Richmond Delegates from Harrison and Randolph counties, to the Governor: October 27th Stating that they are informed that the claims from their counties Claims of for services performed in 1789, by four Scouts, are likely to be dis- allowed. They beg leave to say that the said services were very essen- tial for their safety, as at that time Indian barbarities were very cruel in their Country, and these scouts could only be obtained after the greatest persuasion. From the extent of the frontier, less than four would have been of no service-Eight being the number usually allowed by the Executive. These scouts were ordered out by the Commanding officer, and there never appeared a greater necessity for Exertion than at that time, as the Indians had massacreed & captured eleven persons in that country in about one week, besides killing the stock & burning furniture of several poor people; under the distressed situation of affairs, they consider that they did right and hope that their claims will be considered by the Council. the four scouts Services then very essential the Chas. Hay, CLERK OF THE HOUSE OF DELEGATES. A petition of Henry Stratton, which was referred to the Committee on claims, and reported from said Committee by Richard Lec, chairman. Henry Stratton appears to have commanded the State Sch'r Alliance during the years 1779 and 1780, and in the course of his command, ad- vanced a considerable sum of money in purchasing necessary materials, provisions, and in discharging seamen's wages; that on March 3d, 1781, he settled his account of such advances with William Armistead, the Commercial Agent, whose certificate of that date acknowledges a bal- Balance due ance due said Stratton of Fourteen thousand, nine hundred and eighty- him seven pounds, two shillings, paper money, October 27th Petition of Henry Stratton 220 CALENDAR OF STATE PAPERS. 1790. Resolved, that it is the opinion of this Committee that the petition of October 27th the said Stratton with the vouchers in support thereof, be referred to Resolution the Executive for settlement, and if it shall appear that there is a bal- anco due him, they report the fact to the present General Assembly. Nov. 6, 1790. Agreed to by the Senate. for settle- ment October 27th ROB'T H. SAUNDERS TO THE GOVERNOR. Goochland Petition asking that four years' taxes on his negro man, Sam., amount- County ing to forty shillings in specie & forty shillings in certificates, be refunded Asking that to him, as said negro was exempted from taxation by the court which tax on negro was duly recorded, notwithstanding this tax had been annually collected refunded from him as per sheriff's receipt herewith enclosed, Sam October 28th Petition for pardon Horse stealing October 28th Resignation of his commission October 28th Goochland County JOSHUA E. V. KNIGHT TO THE GOVERNOR. Petition asking for pardon on account of his youth-having been con- victed of horse-stealing by the county court of Caroline on Octo. 9th, 1790, and sentenced to be hung on November 18th, next. This petition is signed by about 150 persons, male and female; among whom are some of the best and most influential citizens of the county. HOWELL LEWIS TO THE Governor. Certifying that John Williams this day made oath before him that a militia fine for non-attendance at muster was imposed upon him in the Militia fine year 1788; while at the same time, be held a certificate from the clerk imposed of the court of exemption dated in 1781, on account of bodily infirmi- though exempted ties, and that he was still labouring under the same. Court certificate Prays relief herein enclosed. He prays the interposition of the Executive in his behalf. MAJOR JOHN GREGORY TO THE GOVERNOR. Resigning his Commission as Major of the Militia of Charles City County. This commission is dated on Oct. 28, 1786, at Richmond, and signed by Patrick Henry, Governor. CALENDAR OF STATE PAPERS. 221 شد COL. ARTHUR CAMPBELL TO GOVERNOR BEVERLY RANDOLPH. TUNSTAL QUARLES TO BEVERLEY RANDOLPH, ESQ. Stating that he was not a little astonished to hear a few days ago, October 30th that Col. Geo. Thompson had exhibited a catalogue of charges against Col. Thomp- him, highly reflecting on his official character; all of which he trusts to son's charges him against be able to demonstrate, are founded in error, and called into existence by the complaining of a malignant heart. As a computation of these charges in detail would be too prolix and tedious to impose upon his Excellency, he hopes he will suspend his opinion respecting their valid- ity until the trial, when he will be able to establish his innocency by Will estab- the most incontestible testimony, and baffle the calumny of his accuser. lish his innocence A general expectation that a change is about to take place in the regulations of the Militia, and perhaps some neglect of the officers. It is out of my power to make any thing like a correct Return to your Excellency at this time; however I have confidence, if the Legislature this session does their part, that a love of order and a martial spirit will soon again return. I am Sir, 1790. Sir, Hannah The letters sent last September by Mr. James Campbell of Wythe Washington Letters sent county, was forwarded to Kentucky a few days after their arrival here, to Kentucky by a Mr. Jesse Walker, and I have since heard of Mr. Walker's safely by Jesse Walker reaching the Kentucky settlements. On the first day of Octo. last, Hannah Tackitt, one of the Captives taken at the mouth of Cole River safe arrival in Kanawha County, made her escape from an Indian who was carrying Tackitt her southwardly, and said he was of the Creek nation; had gone as an escaped from an Indian express to the Northward Indians last spring, and was returning with a war party designed for the more southwardly settlements in Virginia; but unexpectedly fell in with the defenceless people at the mouth of Cole river. The fellow had by uncommon care, passed undiscovered through the thickest settlements in this county, and had nearly reached the great mountains south of us. The 18th ult., as a party of Emigrants was passing through the Wilderness to Kentucky, they were attacked by a party of Indians. Our people were dispersed; two killed and several wounded. From another quarter, we learn two partys of Cherokee Warriors has set out to harrass the Travellers to Cumberland and Kentucky. If so, the above may not be the only mischief done by the Indians: Nor need we look for peace as long as the banditti of several Tribes finds an asylum in the lower Towns of the Cherokees, Your most obedient servant. Novem. 1st Indians 222 CALENDAR OF STATE PAPERS. 1790. MEMORIAL TO GOVERNOR RANDOLPH. Novem. 1st Benj'n Biggs and John Henderson, of Ohio county; John Evans, Jr., Delegates and Wm. McCleery, of Monongalia county; Geo. Jackson and John Prunty, of Harrison county; Cornelius Bogard and Abraham Clay- pool, of Randolph county; Andrew Donnally and Geo. Clendinen, of Kanhaway county; Thos. Edgar and W. H. Cavendish, of Greenbrier county; St'n Gomsey and R. Sayers, of Montgomery county, to Gov- ernor Beverley Randolph : Defeat of our Army Joint Joint memorial from the above persons, delegates from the several memorial counties mentioned, stating that the defenceless condition of those of the Gen- eral govern- ment ineffectual counties, forming a line of nearly four hundred miles along the Ohio. Indians river, exposed to the hostile invasions of the Indians and destitute of every support, is truly alarming, notwithstanding all the regulations of Regulations the General Government in that country. Hitherto these regulations have been totally ineffectual for their protection; that it could not be otherwise, as the Garrison kept by the Continental troops on the Ohio can be of little service, if any, except to the Kentucky settlements. which they immediately cover, and being from two to four hundred miles below their frontier Settlements; that agreeably to the last arrangement for their defence as declared by the Secretary at War, a subaltern officer, a sergeant, a corporal, & twelve privates were allotted to some of the above counties, to be continued in service only during the approval of the Continental Commanding officer in the Western coun- try; they to be at the same time, under such regulations as make it impossible for the Inhabitants to comply with-the communication be- tween him and thom being cut off by a distance of two to four hundred miles, and that through an uninhabited country & exposed to the Old plan of Indians; that having entirely exploded their old experienced mode of defence exploded defending the frontiers by keeping out Scouts & Rangers for their inform- ation & protection, owing to the fact, as they are informed, that the new plan is less expensive (though the saving, if any, must be small), ought not to be deemed a good reason to alter from a known measure to one that is only supposed to be as good, when the lives of so many of the citizens are exposed to the Enemy. They further say, that they have reason to fear the consequences of the defeat of our army by the Indians on the late expedition, as the Indians flushed with victory will doubtless fall on our frontiers, as soon as the weather will permit, and exercise all those horrid murders incident to their invasions; that it would be much support the better to support them-be the expense what it may-than to compel Better to citizens thousands of our citizens who have suffered so much and so long from the Savages, to quit the country. CALENDAR OF STATE PAPERS. 223 They further state that they think the only measure which will estab- lish the confidence of our frontier people in the Government, and bring about the End proposed, to-wit: their safety & protection, will be to empower the County Lieutenants in Each of these counties to send out a few scouts to watch the passes of the Enemy, and when the winter breaks up, to place some Rangers on the outside of the Settlements. This is a temporary matter, and to continue till moro effectual means are provided for the protection of that country-the expense to be set- tled by the Auditor of the State, and charged to the General Govern- ment; which they hope Congress will allow till they extend that pro- tection which as Virginians they have a right to expect. They further say that they hope that Virginia will never quietly rest inactive till peace is restored to all her citizens. They conclude by requesting his Excellency, in the event he has not the power to relieve them, to lay their complaints before the proper Tribunal, where they may be redressed. He requests the Executive to give such directions in this matter as they may think necessary. EDWARD PEGRAM, JR., TO THE Governor of VIRGINIA. lina cur- Informing him that Mr. John Young, living in the neighborhood of Counterfeit Ben. Woodward, lately found in an unfrequented place in the woods, North Caro- several thousand pounds. of North Carolina currency-the best part of rency and which is signed; also a large bundle of certificates, with every imple- certificates, &c., found ment necessary for counterfeiting the said currency & certificates; also for coining, with sundry other articles. Being apprehensive of danger from those concerned in that detestable business, he requested him to take charge of them, which he has done. 1790. Plan proposed CHARLES HAY, CLERK OF THE HOUSE OF DELEGATES. Certifying that George Nicholas, Esq., had been elected Attorney- General for the District of Kentucky, in the place of Harry Innes, Esq., Nov. 2d LAN. BERRY, CLERK OF KING GEORGE COUNTY. Nov. 4th Certifying that the circumstances of Mary Armstrong and Betsy Rigg, King George residents of this county, are the same as when their pensions were granted them. County Nov. 9th George Nicholas 224 CALENDAR OF STATE PAPERS. 1790. Nov. 9th Nov. 11th ROBERT GOODE AND OTHERS TO THE Governor. Richmond Robert Goode, J. Ambler, Wm. Hay, and Turner Southall, Directors of Public Buildings, to the Executive: Moses Austin resigned. A joint committee composed of Mr. Henry Lee, Mr. Walker, Mr. Braxton, Mr. Patterson, Mr. Upshaw, of Essex; Mr. Holmes & Mr. Robertson, of the House; and Mr. Pimples, Mr. Pope, & Mr. Claiborne, of the Senate, reporting that they had examined the ballots, & found a majority of the votes in favor of the said Geo. Nicholas. Requesting that Moses Austin be granted an order for Eight hundred pounds, on account of his contract for covering the roof of the capitol with lead. Paid Nov. 11, 1790. Nov. 12th MILLER WOODSON TO THE GOVERNOR AND MEMBERS OF THE COUNCIL. Cumberland Memorial shewing that he had been fined by a court of Enquiry for County not attending muster in 1788, when the fact was, he had never failed to Muster fines attend any muster, except when prevented by his duties as clerk, and by reason of a disorder from which he has been suffering for several years; Affidavits to this effect annexod. He prays relief from the unjust fines. Nov. 24th GEO. DENEALE, DEPUTY CLERK OF FAIRFAX COUNTY COURT, TO THE GOVERNOR. Alexandria Certifying to the correctness of the copies of certain depositions Deposition against the Inspectors of Tobacco in the Alexandria warehouse made against by Wm. Hodgson, Wm. Wilson, James Patton, Wm. Lowry, Robert Inspector Hamilton, Jno. Dundas, & Wm. Hepburne; in which they charge gross irregularities on the part of the Inspectors, & great loss & inconvenience sustained by them in consequence. Tobacco Nov. 24th P. WAGONER, CLERK OF FAIRFAX COUNTY COURT, TO THE Governor AND COUNCIL. Tobacco Certifying that Chas. Jones has resigned his appointment as Inspector Inspectors at Alexandria Tobacco warehouse. CADENDAR OF STATE PAPERS. 225 + 1790. Richard Sandford not being able to give bond & Security for the faith- ful discharge of his duty as Inspector at said warehouse, it is ordered Nov. 24th that he be no longer considered in office, & the same be certified to the Governor & Council. The court ordered that Henry Darue, Wm. Darue, Geo. Thrift, Thos. Daruo, Jr., be recommended for Inspectors at the Falls warehouse; and Geo. Minor, Thos. Grafford, Jr., & Wm. Halley & Jacob Cox, for Inspect- ors at the Alexandria warehouse. H. BROOKE, CLERK OF SENATE. Miles Selden Certifying that John Steele and Miles Selden were clected members of John Steele, the Council of state in the room of Carter Braxton and Charles Carter, who stand removed from May 28th, next-Election by joint ballot of the two houses; also Harden Burnley, Esq., in room of Thomas Maddi- son, Esq., resigned. G. DENT, SPEAKER OF THE HOUSE OF DELEGATES OF MARYLAND, TO THE GOVERnor. : Certifying that Lemuel Bailey, John Southall, John Watkins, Jr., James Allen Bradby, and Benjamin Edwards Browne, are recommended to his Excellency, the Governor, to be added to the Commission of the Peace. Nov. 26th Advancing money General Enclosing a resolution of the Maryland house of Delegates & Senate, Annapolis agreeing to advance the sum of 72,000 dollars (being three-fifths of the amount proposed by the assembly of Virginia,) to the General Govern- ment for the purpose of erecting public buildings; the Am't to be paid Government to the order of the President of the United States in three annual pay- buildings for public ments. They request this information to be laid before the General Assembly of Virginia. CHAS. HAY, CLERK OF HOUSE oF Delegates. Certifying that by the Joint resolution of both houses, the petition of Dan'l Herring, late sheriff of Isle of Wight County, is reasonable. Mr. Nov. 27th JACOB FAULCON, CLERK OF SURRY COUNTY COURT, TO ARCHIBALD Nov. 27th BLAIR, CLERK OF COUNCIL. Surry Co. Justices Nov. 27th Petition of Daniel Herring 29 226 CALENDAR OF STATE PAPERS. 1790. Herrings gave bond for the faithful collection of the taxes for 1787, but Nov. 27th gave no bond for those of 1788. A Judgment has been obtained against him, however, for the full amount of the taxes for 1788. Mr. Herrings' petition to be relieved of this unjust judgment, ought to be granted. Decem. 1st COLONEL WM. DAVIES TO BEVERLEY RANDOLPH, ESQ. Philadel- Stating that since the removal of the office to this City, his time had phia Office been wholly engrossed with that part of the specific account, compre- removed to hending the supplies furnished under the provision laws. It will take Philadelphia several weeks to complete the examination, and he will be necessarily obliged to retain the services of Mr. Burnley. He as yet can find no Alex. Baugh account of the transactions of a Mr. Alexander Baugh, of Chesterfield, supplies who appears to have procured large quantities of supplies during the seige of York siege of York. It is very important to collect all the evidence possible, to ascertain the amount & appropriation of the specifics furnished by the State; for though this part of our claim will bo better supported, when arranged & stated, than he once expected-yet from the unlucky measure of separating the papers, which had been once methodized by Pierce & others formerly employed in the Commissary Department, there are many documents still to be sought for. He encloses a letter Payments at to Mr. Pierce on this subject. He also finds many payments made at the treasury the Treasury not vouched for among the receipts brought on by Mr. Winder, which shows mismanagement in the selection from the Treas- ury books. Thinks that it would be better to forward to him the receipt books themselves to the 4th January, 1781; to which period, they are the best vouchers we can produce. • Different states set- tling their accounts He has not yet had leisure to examine the books and papers from Woodlief's district. They are very trifling in number, and he would have supposed from the instructions given, that much more extensive information would have been procured. He says that the different States seem at length seriously attentive to the settlement of their accounts; all of them, except two, have employed agents here-some of them being gentlemen of Eminence. The General board of Commis- sioners are proceeding with those accounts, as the agents admit them to be complete. Decem. 3d J. Pendleton certifying that he has this day administered the oath Henrico Co. required by law to be taken by the Governor, to his Excellency, Bever- ley Randolph, Esq. Given under his hand. CALENDAR OF STATE PAPERS. 227 DENNIS DAWLEY AND THOMAS LAWSON TO BEVERLEY RANDOLPH, ESQ. 1790. Lemuel Cornick Anthony Walker Enclosing the petition of Lemuel Cornick, Anthony Walke, and Decem. 4th other prominent citizens of Princess Anne Co., certifying to the general Richmond good character of certain militia from that County, who accompanied the Sheriff to arrest one Amos Weeks, near Suffolk, and who were fined by the District Court jury held at Suffolk, upon the complaint of the said Weeks that he had been illegally oppressed by the said Militia. These militia being ordered by the sheriff to assist him, thought that they were acting according to law; and from the known orderly and inoffensive character which they bear at home, are entitled to the clem- ency which they pray at the hands of the Executive. They trust that Ask remis- their fines will be remitted, and they spared the distress which will be visited upon them, should the fines be collected from them. sion of the fines J. PENDLETON, AUDITOR, TO THE GOVERNOR. Stating that the enclosed bills of Exchange, and all the endorsements thereon respecting the claim of Mr. Pauley, being in the French lan- guage, and requesting his Excellency to appoint a Commissioner to translate and state those described in the decree accompanying them, and to report the same either to the Executive or to him. ; : WM. SHANNON TO GOVERNOR BEVERLEY RANDOLPH. Accounts Stating that Mr. Coleman, to whom was referred his accounts for set- Richmond tlement, during the time he was Commissary & Quarter-master under Gen'l Clarke in the Western Department, being appointed in 1779, and acting 3 years, had reported adversely upon certain claims which were unsupported by vouchers. He remembers distinctly that when his papers were put into the hands of the .Commissioner, they were com- plete, with the vouchers to support every claim. Some of these vouch- ers seem to have been carelessly lost or misplaced. As this matter is very important to him, he requests that the Governor of the Western Department be applied to in regard to these claims; and that a speedy determination be arrived at, and reported to the General Assembly. V. H. MACON TO BEVERLEY RANdolph, Esq. Stating that he held a Court-Martial of the officers under his com- mand on the 27th of last month. The majority of them were of opin- ion that they could not enter upon the fines with propriety, as they Decem. 6th Auditor's office Mr. Pauley's claim in French language Decem. 7th Complete when put in hands of the commis- sioner Decem. Sth Court martial 228 CALENDAR OF STATE PAPERS. 1790. Doubts about the doubted if there was any law in existence for the government of the Decem. 8th militia. He has heard that Congress passed a law at their last session for the organizing the militia, but had not seen it. He requests the law being in Executive to instruct him how to proceed. He states that Lt.-Col. John existence to Bacon was fined £5 last fall, twelve months, for not giving notice of the impose fines Regimental muster, tho' the sum is inconsiderable, it will distress him very much to pay it-being very poor & with a large family. He re- quests that the fine may be remitted, if his Excellency can do so with propriety. Decem. 8th Westmore- land county Decem. 8th SAM'L RUST TO THE GOVERNOR OF VIRGINIA. Certifying under his hand as a Justice of the Peace, that Jeremiah Rust, one of the Tobacco Inspectors at Kinsale & Yeocomico ware- houses, departed this life on 22d of Novembor, last past. JNO. CRUBB, SR., TO RICHARD LEE. Westmore- Requesting him to send 2 quires of crop notes, 1 quire Transfer notes, land Co. & 1 quire manifests, by Mr. Jno. Crubb, without fail. Decem. 9th THOMAS ROANE, JR., TO THE GOVERNOR AND THE COUNCIL OF VIRGINIA. King & Queen Co. Petition for relief from fine Petition praying to be relieved of a fine of £50 assessed against him by the District court of said county on Sept. 16, 1790, for an assault & battery upon Robert Beverly. The petitioner states that he was induced to make this attack on account of false aspersions made by said Bev- erly upon the character and memory of Col. Wm. Roane, his father, in a printed Libel addressed to Spencer Roane, Esq. This had the effect to highly exasperate this petitioner, and meeting said Bev- erly by accident, demanded satisfaction; which being refused, he was induced to do the act which gives rise to this application. He states that the said Beverly has prosecuted him with the most inveterate ran- cour, and was himself the principal witness to support the indictment for the assault. Said Beverly has morcover a private action now pend- ing in Essex county court against him, wherein he may recover ample damages for any injury he may have sustained. Under these circum- stances he hopes that duc allowance will be made for the passion & in- firmities incident to men, and the remission of this fine be granted. CALENDAR OF STATE PAPERS. 229 JAS. MONROE TO THE Governor oF VIRGINIA. JOSEPH HORNSBY TO GOVERNOR BEVERLEY RANDolph. Enclosing a Copy of an order of the board of Directors of the Luna- Decem. 10th tic Hospital, & requesting. his Excellency to direct the Auditor to issue Williams- burg his warrant on the Treasurer for £400 for the support of said Hospital made payable to Mr. Wm. Russell, now in Richmond. Dear Sir, Sincerely yrs. 1790. Dear Sir, I arriv'd here on Monday last, the day appointed for the meet- ing of Congress, in time to take my seat in the Senate of that assembly. This branch of the legislature form'd a house on that day, and the house of Representatives on the next; they respectively communicated it im- mediately to the President, who conven'd them on the next in the Senate room, and address'd them in the terms you will find in the cnclos'd.* As Addressed I have just arriv'd, & have been indispos'd of a cold contracted on the by the Presi- journey, so as to be unable to form acquaintances, or in fact do any- thing but attend Congress, I can give you nothing except what this paper contains. I consider it my duty to communicate to the State whatever is of importance to it, the station will permit. This I shall do with pleasure & shall be happy occasionally similar returns. At present I write in Congress, & can only add that I am with great respect & esteem, dent of U. States *The paper referred to by Mr. Monroe as enclosed, is a printed Copy of the address of Geo Washington, President of the United States, delivered to the Senate & House of Representatives, and dated Dec. 8, 1790. Decem. 10th Philadel- -- Meeting of Congress SAM'L COLEMAN TO THE Governor. Reporting on the claims of certain Scouts for services rendered in 1788, which he finds correct. The names of the scouts are as follows, and the service performed in Jefferson county: Jacob Hubbs, Wm. Scout ser- Elmo, Vincent Robins, Jno. Sherley, Henry Smith, Wm. Drennen, Aron Vancleave, Thos. Neal, Mark Thomas, Peter Smith, Preserved Wilcox, & Mathias Hesler. vices Decem. 11th Council office 230 CALENDAR OF STATE PAPERS. 1790. S. SHEPARD, CLERK IN SOLICITOR'S OFFICE, TO THE GOVERNOR. Decem. 14th office Informing him, that at the last General Court, two judgments were Solicitor's rendered on Bonds taken for duties by the Naval officer of South Pow- towmack, contrary to law. Said bonds being taken on the 21st day of duties con- July, 1789, on which day the laws of this State on the subject of duties trary to law ceased. He says that the parties liable to these judgments have applied Bonds for to him, either to deliver up the Bonds, or give them such acquittances as will keep them safe against any Executions on the said judgments. One was against Francis Peyton for £85, 2s. in certificates, the other against William Wilson for £16, 13s, 4d, payable in specie. The clerk of the General Court objects to deliver up these bonds. He requests his Excellency & the Honl. Board to instruct him how to proceed in this business. Decem. 16th LOTT & HIGBEE, TO THE Governor. Richmond Saying that at the request of Mr. Harry Heth, they certify that Certificate their Express agreement with him in the purchase of the following Allowance Tobaccos, was that an allowance of thirty-four shillings & sixpence for transpor- per Hhd. on Lynches, and Eighteen shillings on Rivanna should bo on tobaccos tation made them for the transportation to this place,-Say Sixty-one Hhds. crop and twenty Hhds. Transfer, Lynches, and thirty hhds. crop and three hhds. Transfer, Rivanna; in all, £169, 8s, 6d. Decem. 16th Richmond OLIVER POLLOCK TO THE GOVERNOR. Enclosing certain bills and certificates, together with a letter from the Governor of New Orleans, addressed to his Excellency, fully evin- cing that he had discharged all those bills and also all other debts con- tracted by him during the war. These papers have been obtained by him at great expence and loss of time in a foreign Country. The legis lature of Va., through its Committee, after examining my accounts, re- ported the sum of £27,696, 8s, 14d; this currency to be due him, bearing interest from 18th Dec'r, 1785. The Assembly thought proper to instruct the Governor & council that £16,307, 178, 02d. of the established balance with interest thereon at 6 pr. cent., should remain unpaid until the bills drawn by him should be produced to the Executive in proof of the State being exonerated from all claimants on account thereof; but that warrants should be issued in his favor for the residue of the said £27,696, 8s, 1½d. The retention of these funds has subjected him to great inconvenience, & obliged him to dispose of his warrants at a very + CALENDAR OF STATE PAPERS. 231 x 1790. heavy loss. He trusts that those papers, together with the letter of the Governor of New Orleans, be laid before the Legislature, and he be fully Decem. 16th reimbursed for his heavy advances. The balance already liquidated now amounts to about 42,000 Dollars; which he hopes may be provided and allowed him without delay. Sir, L. WOOD, PUBLIC SOLICITOR, TO BEVERLEY RANDOLPH, Esq. office Norfolk Informing him that sundry executions against Debtors to the Com- Solicitor's monwealth for Duties, resident in Norfolk, were delivered to Mr. George Loyall, the sergeant, returnable to the late General Court; some of Executions which, little or nothing can at present be found whereon to levy. Mr. for duties in Loyall thinks, however, that opportunities may be had & full payment obtained, could he be permitted to retain the Executions, which he can- not do without the consent of the Executive, and thus avoid the penalty of the Act of Assembly of 1789. Should the hoped for benefit to the Public appear to his Excellency & council sufficient to induce such a proceedure, he will so acquaint him on being empowered so to do. JAMES MONROE TO GOVERNOR BEVERLEY RANDOLPH. The papers respecting the application of the District of Kentuckey for admission into the Union as a seperate & distinct member, have been referr'd to a Committee of the Senate to report an act to that effect. Upon the examination of these, we find that the law of Virginia requires Decem. 16th Decem. 16th To-day the President laid before the Senate a letter from the Gov'r of the western territory of the 6th of Nov'r, & likewise one from Gen'l Harmar, of the 4th, communicating the result of the expedition lately executed by his order against the Indians inhabiting between the Ohio & the lakes. By these we find that the loss on our side was, of privates, 183 killed & 28 wounded; of officers, two majors, 3 capt'ns, 3 Lieuts., & 4 Ensigns kill'd. The slain on their part amounted to, by the General's statement, between 100 & 120. The principal Action was on their re- turn, after having completed the object of his mission, by the destruc- tion of their towns, corn, & all their other productions. The Indians, it appears, gave up these to ruin without an effort to preserve them; the attack afterwards was, therefore, either the effect of despair or a plan of defence previously arrang'd & most probably the latter. Gen'l Bravery of Harmar speaks highly of the bravery of the troops both regular & the troops militia; his communication was postpon'd untill his return to Fort Wash- ington, from whence these letters were address'd. Philadel- phia President Letter from Governor of Western Territory and General Harmar 232 CALENDAR OF STATE PAPERS. 1790. Decem. 16th Decem. 18th Decem. 19th EDWARD HILL TO Certifying that during the time he acted as District Commissioner, be lodged several accounts and vouchers with the late Sam'l Jones, of Richmond, to be delivered by him to Mr. John Peirce; among which Robert Hill's accounts was one of Robert Hill's as Commissioner of Provision law in account King & Queen County, which appeared to him to be all settled and the Commis- sioner of money properly accounted for; had this not been the case, he would Provision have received the balance & lodged it with his account, as he did with law in King & Queen Co. the account settled by him with John Hill, Commissioner of Provision Settled law in King William County, who paid him £11,764, 3s, 4d, balance due from him, which was lodged with his accounts as above mentioned. Point of Fork that a majority of the body elected shall approve the seperation; that ds of that body may proceed to business. There is nothing in the act of the convention, nor the memorial, to satisfy the house that those conditions have been complied with; nor has any statement of the number of Inhabitants in the District been forwarded here. These cir- cumstances were attended to by the other members of the committee, & therefore, as they might have weight in the decision on the subject, I have thought proper to communicate them to your Excellency, that you might furnish me with such documents (if within y'r reach) as might remove them. I am with great respect & esteem, E. LANGHAM TO GOVERNOR BEVERLEY RANDOLPH. Stating that from a letter received from a friend a few days ago at Richmond, he learned that unfavorable impressions had been made upon His private the minds of the Executive by a Mr. Morris, in regard to his private conduct Decem. 20th Y'r Excellency's most obt. & humble servant. conduct. He requests that opinion may be suspended till the story is fairly investigated, when he flatters himself that his conduct will not appear in the same light as represented. H. KNOX, SECRETARY OF WAR, TO THE GOVERNOR OF VIRGINIA. Sir, War I had the honor, on the 6th of September last, of addressing to Department your Excellency's protection a packet to William Blount, Esq'r, gov ernor of the territory of the United States, ceded by the State of North CADENDAR OF STATE PAPERS. 233 Carolina. A duplicate of which I enclosed to your Excellency, to be 1790. forwarded to governor Blount in my letter to you of the ninth of the Decem. 20th same month. to As it is to be apprehended that the said letters have miscarried, I have Said letters to request you would be so obliging as to inform me by whom and by suppose what route you sent the said packets, and whether they were addressed carried to Col. Arthur Campbell. ; The honorable Lieutenant-Governor Wood informed me in a letter of Lieut. Gov- the 21st of September, that "he had procured an Express to take charge of them as far as Colonel Arthur Campbell's, of Washington county, but fortunately heard that governor Blount has passed through this place on his way to New York; this determined him to withhold the dispatches until his return, and had left a card at the Inn where he lodged, to inform him that the dispatches were still in his possession." I have the honor to be, with great respect, Your Excellency's most obedient & humble servant. ernor Wood's letter CHAS. HAY, CLERK OF THE HOUSE OF Delegates. authorized to take This is a joint resolution of the House of Delegates of this date, and agreed to by the Senate on Dec. 25th, authorizing the Executive to direct such temporary defensive operations in the frontier counties of Executive this State, as will secure the citizens thereof from the hostile invasions of the Indian Enemy; also that the Executive be requested to transmit measures to to the President of the United States the memorial from the Representa protect the tives of the frontier countics, and communicate to him such defensive measures as they may think proper to direct, for the sole purpose of affording defence to our frontier citizens, until the General Government can enter into full and effectual measures to accomplish the same object. citizens Decem. 20th Joint resolution JOHN MORTON to Governor BEVERLEY Randolph. Harris Informing him that the suits brought in Powhatan court in behalf of Suits in Powhatan the Public against Sam'l H. Saunders and Col. Harris, yet remain untried, court against though they have been at Issue four sessions. The Attorney for the S. H. Saun- Commonwealth has used every exertion, but to no purpose, as they have ders and Col. always found some excusos that have satisfied the Court to continue Still untried them. Mr. Saunders wishes his case left to referees. Mr. Sam'l Pleas- ants having obtained leave of the Executive to have his account settled by referees, Mr. Edward Carrington has been Employed to assist the Commonwealth, who will doubtless undertake Mr. Saunders' case, if deemed expedient by the Executive. Mr. Wm. Watts desires also a lit- tle indulgence, whose letter is herewith enclosed. Decem. 21st 30 234 CALENDAR OF STATE PAPERS. 1790. Decem. 22d Petition debtors Petition shewing that the General Assembly being previously informed of the case of Joseph Clarke, who had been committed to the Public jail about two months before by a process from the court of Hustings Resolution for debt, that he was poor and unable to pay the same, passed a resolu- in regard to insolvent tion in 1786, Empowering the Governor to liberate all such poor persons who then were, or might thereafter be confined therein on account of the public, without attending to the formalities directed by law for the discharge of Insolvent debtors. The Governor did, therefore, discharge the said Clarke from custody on January 10th, 1787. He now petitions John Rose for the discharge of John Rose, who is now a prisoner for debt in the public jail-having been committed by the Sheriff of Henrico county, on an execution from the General court for the non-payment of certain duties, &c., the 4th Oct. last. He has been so very poor for the past year or more, as to have scarcely a change of raiment, and is now almost naked, without money, property, or friends. Unless relieved by the Executive, he must inevitably die in jail. He has been confined in close jail 79 days. He humbly prays to be discharged, agreeable to the afore- mentioned Resolution of the General Assembly in that case made and provided. Prays his discharge WM. ROSE, KEEPER OF THE PUBLIC JAIL, TO THE GOVERNOR AND Hon- ORABLE COUNCIL. Decem. 26th COLONEL WM. DAVIES TO GOVERNOR BEVERLEY RANDOLPH. received Mr. Giles of Treasury Philadelphia Informing him that his favor of the 10th inst. came duly to hand Letter and with the enclosed voucher, which will be useful. Those brought on by voucher Mr. Giles are of much importance, and he hopes Mr. Woodlief may obtain many more such in his district. He has now gone through the Papers from inspection of the papers returned by the Auditor of the Treasury & the auditor selected from them, & stated the articles receipted for by militia, military and staff officers, and having compared the vouchers granted by the commissioners of the provision laws with their returns, and with the books formed by the Auditors, & by Jones & Carrington, and also with the list of specific documents which was drawn out & delivered to Mr. Specific Winder by Mr. Dunscomb as containing the whole specific claim of the claim of the State, he finds some omissions and deficiencies which require to be omissions, speedily remedied; for instance, the public books contain many entries &c. found for supplies furnished for which there are no vouchers found, and which Returns of are therefore not included in the above-mentioned list. The returns Commis- from many commissioners enumerate a much greater number of receipts or vouchers given by them than appear here, or are noticed in the above state; sioners CALENDAR OF STATE PAPERS. 235 }י list. There are numerous receipts or vouchers granted by the commis- 1790. sioners for which the returns are wanting; and from the broken, desul- Decem. 26th tory manner of the running numbers, it is evident that a large propor tion of the vouchers belonging to the missing returns are also missing. Of course these are not comprehended in the above list-many of the returns from the court of claims do not appear; they often explain the purpose to which an article was applied, when neither the Commis- sionér's return, the voucher, nor public books express it, and in very many cases when the claim of the individual has been established before the Court by oral testimony alone, the return is the only voucher on which the settlement at the public office was made, and the only Evi- dence of the application which can now be adduced in support of the claim. Many similar cases of deficiency are found, and in all probability omitted from the list. The returns from the Courts which are here, often specify claims as founded on receipts or vouchers granted by offi- cers & continental agents, while the vouchers are frequently missing, & consequently not expressed in the above list. The most important defi- ciency of the whole is the want of many of the returns & vouchers of Commissioners' issues-a matter which he has repeatedly made the sub- ject of representation to his Excellency with much advantage, as the measures adopted from time to time have thrown great light on it, by bringing together a variety of Evidence in support of the duc appro- priation of supplies raised by the State; a point which in the prepara- tion of the accounts seems to have been too little in view. Had due attention been paid at first to these various particulars, or had he found these papers within the control of the State, so as to have afforded him an opportunity of knowing their situation before their removal, many of these inconveniences might have been avoided. As matters are, a careful examination of the Auditor's office, and selection of what may be wanting here, close application by a man of patience and judgment for a month or six weeks, will be sufficient for the purpose. Should his Excellency concur in this measure, he would previously wish to give the person employed such instructions as may point precisely to the objects of Enquiry. Returns from court of claims Returns from the courts With respect to the proposed reduction of his salary to four hundred pounds a year, his Excellency will pardon him if he views it as a devia- tion from an express contract in which the Executive is as much bound as himself, so long as they think proper to continue the business in his hands that undoubtedly depends on their pleasure. It is true that the The business duration of this business is perhaps beyond what was expected; but it is equally true that it has not been prolonged through any fault of his. Indeed, in the actual situation he finds the accounts to have been when he undertook their managemennt; this circumstance has been of import- ant advantage to the State, as affording an opportunity of collecting not only more ample evidence, but of supplying omissions to a great Proposed reduction of his salary extended beyond the duration of time expected 236 CALENDAR OF STATE PAPERS. ments in the accounts 1790. amount. Independent of the embarrassments which a mistaken princi- Decem. 26th ple of statement has occasioned, and the weight of difficulty which the Embarrass destruction of the public papers has thrown on it, the business is in itself of a very complicated nature, embracing a variety of objects not properly to be understood, without a general knowledge of the arrange- ments, characters, and transactions in almost every department which existed during the war-a knowledge only to be acquired by a careful review of the Acts & Journals of the Legislature & of Congress, an ex- amination of the files of the principal departments here, as well as of the detached mutilated records of the old Executive boards in the state, and a laborious research through a vast mass of heterogeneous matter in the different public offices; to all which may be added the personal practical acquaintance with the occurencies & subjects to which they relate. These are qualifications which time & opportunity alone can give; qualifications which would be necessary to the due adjustment of the account in its best state, but become doubly essential to remedy the deficiencies & mistakes, which Every day's inspection brings more or Motives of less to view. Motives of delicacy, which need not be suggested, have delicacy heretofore influenced his communications on this subject; but on this The account occasion, there is a propriety in an unreserved frankness. As far as the as prepared account had been prepared by Mr. Smith under the superintendence of by Mr. Smith Mr. Wood, it appears to have proceeded on just principles, except, indeed, in one or two points of some consequence; but these statements by some fatality were laid aside, (tho' since introduced by him), and Another another system, or rather want of system, afterwards took place, which system Confusion in produced an incoherency and confusion in the accounts that defeated all the accounts attempts at adjustment in the public offices here, and rendered it a matter of infinite perplexity and labor to collect and unite the disjointed materials in the order & connection in which they originally had been or should now be placed. He says that he need not enlarge on this subject-it being sufficient to observe as one instance of its effects, that in that part of the account alone, which relates to the transactions of the various specific & provis- ion Commissioners, he is compelled to go personally into a tedious fatigueing inspection & comparison of upwards of a hundred thousand documents; and that in general, instead of being employed in collecting & arranging evidence to support the account ready prepared, which was the original object of his appointment, he has a large proportion of his time engrossed in preparing & stating it. Much of this kind of work, tho' done in the most compendious method, remains yet to be compléted; and what adds to the inconvenience, a great deal of it cannot be execu- ted without some assistant. Upon the whole, that he may not be chargeable with the suppression of any circumstance, which if known, might enable the Executive to place this business more advantageously for the state, he now begs CALENDAR OF STATE PAPERS. 237 1790. His absence from Vir- ginia causing material affairs to similar leave to give his Excellency this carly information, that in his opinion and with his present knowledge of the subject, the final adjustment of Decem. 26th the account of Virginia with the United States, cannot with a most devoted attention to it, be accomplished in any less time than that allowed by Congress. As for himself, the repeated delays which have occurred have subjected him to some mischiefs, which a previous appre hension of them would have prevented. The long absence from his small affairs in Virginia has exposed them to material injury; while the maintenance of a family here far from the resources of one's plantations, the inconveniences of two distant removals together with the aggra- injury to his vating circumstances in the last of dead rent, brokage, & loss of furni- ture, and an exposure in the most essential articles of housekeeping to all the rapacity of extortion at an advanced & inclement season of the year, have created such an increase of expence as he feels sensibly. Under all these circumstances, and observing the very different allow- Allowance ances annexed by Congress to similar offices of much less labor, as well by Congress as by the states to most of the gentlemen employed in the same line as offices, &c., himself, tho' not encompassed with equal difficulties and meaning, as he ought to do at this period of life, to ask such compensation for the devo- tion of his time to the service of the public, as he may deserve and they be well able to give, he is induced with great deferencé, to declare that tho' he thinks himself entitled while employed in the business to all the advantages of their original agreement, unless waived with his own consent, yet as there is a prospect of the continuance of the business beyond the probable calculation of the Executive, and it may not be un- reasonable under such circumstances to afford some security against remissness on the One side, as well as stimulus to successful exertion on the other. He shall therefore rest satisfied with five hundred pounds annually till the conclusion of the business; at which time, if no just cause of complaint appear against him, he shall receive the arrearages that may be due him agreeably to his first engagements, as well as an addi- tional compensation as promised, if his services in the opinion of the Executive shall deserve it. He has now, as desired by his Excelleney, laid before him the present state of business entrusted to him, and respectfully hopes that the terms which he has suggested as a reasonable annual allowance during his continuance in it, may prove satisfactory to his Excellency & Council; as any less sum under all the circumstances of his situation & duty, he shall not conceive an adequate compensation. The scale of depreciation required by Mr. Blair, he does not recollect ever to have seen, nor is it among the papers here. He has the honor to be, with the greatest respect, His Excellency's most obed. Serv't. Will rest satisfied with £50 per &c. annum, 238 CARENDAR OF STATE PAPERS. 1790. JOHN DIXON TO THE Governor. Decem. 30th Informing him, that the Laws may be completed in the time limited, Richmond and a sample of the paper shall be furnished him in the morning. Printing the Laws Note. This letter seems to be in reply to one stating that all the laws passed at every session of the General Assembly should be printed and published within thirty days after the rising thereof; and in case they should not be done within the time before mentioned, the Governor, with the advice of the Council, is hereby authorized and empowered to appoint any other person to the office of Public printer, who shall exc- cute the office and have the salary allowed to the public printer for his said services. Resolution about print- ing in 1783 Decem. 31st On much worse foot- ing than regular troops The foregoing is a Resolution passed by the House of Delegates, and approved by the Senate in 1783. Another Resolution was passed at the session of 1787, authorizing the Governor & Council (to prevent delay in the printing & promulgation of the Laws), to cause so many printers to be engaged in executing the Duties of the public printer as they shall judge expedient; and his sal- ary paid them in such proportion as the business respectively performed by them shall render just and proper. COLONEL GEO. CLENDINEN TO GOVERNOR RANDOLPH. Sir, defence and Richmond I last evening receiv'd your Excellencie's letter on the subject of Kanawha Defence for Kanawa, and The neighbouring frontier Counties, and am neighboring sorry to find that the proceedings of the board Tend to destroy the counties object of the General Assembly so far as it Respects our Immediate defence, as I am confident there cannot be one man got for the allow- ance that is made, & If I was to attempt drafting the militia under the Militia Law, they would disobey, (and In my oppinion with great pro- priety), as the allowance there made them is Taken away without any law for that purpose. If your Excellency and the Hon'ble Members of the Council will Reflect a moment that the militia, whether procured by Voluntary In- listment or by Draft, are on much worse footing than Regular troops, inasmuch as they are neither furnish'd arms, clothing or any other emolument that is due to Regular troops, and are subject to be dis- banded Every moment. Trusts the From those considerations I trust the Hon'ble board will Reconsider board will this very Important subject; If they do not, Confident I am That the reconsider whole object of our defence is Intirely defeated. I am, with great Respect and esteem, Your Excellencie's ob't H'ble Sevt. CALENDAR OF STATE PAPERS. 239 I have the Honor to be, with great Respect and esteem, Your Excellencie's obt. H'ble Serv't. COL. GEO. CLENDINEN TO GOVERNOR RANDOLPH. the I, a few hours past, receiv'd your Excellencie's fav'r in answer to mine of yesterday, and have to lament that the Hon'ble board have not made any alteration in the orders directed to me on the subject of the Western defence, and beg leave to request the Hon'ble board to con- sider the peculiar situation of the County of Kanawha, and the disposi- tion the Indians have lately exercised against it, and that you and the Board will Indulge the County with four scouts, in case the Gen'l Government may not make such arrangements as their exposed situa- tion may require. This number I am certain, are not sufficient, but they would be of great service merely to alarm the Inhabitants of the To alarm approach of the enemy, so as to enable them to collect together, inhabitants to secure themselves from savage cruelty. I feel myself disposed to make this Last request from the most tender motives of affection for my own Family and the lives of my friends and neighbours, eqully exposed, being convinc'd, as I mentioned in my letter to you of yester- day, that I cannot procure one man under my present orders. Trust- ing nevertheless that the Gen'l Government will make more ample provision; if they do not, I am fully persuaded that the County will be very shortly depopulated. If those scouts should be approved of under any restrictions or limitations, I beg one thing may be left in the power of some officer or officers; that is, that they may be ordered into service when it may appear they are absolutely necessary, as no advice can reach this place in time to do us any service, and if such discre- Discretion- tionary power be not vested in some person or persons, the whole will, or may prove abortive. 7. + JOHN AMBLER TO THE GOVERNOR. 1791. Jan. 1st Richmond His favor of yesterday received Situation of Kanawha asked for, to be vested in some one Jan. 3d Directors of Without my knowledge, I was numbered among the Directors of Richmond the public Buildings. Being utterly ignorant of architecture, and fully Resigns as employed with my own business, I have from my first knowing of the one of the appointment, used every means in my power to be struck off the list; I am informed that the Hono'ble the Executive are now authorized to receive resignations and to fill up vacancies. I therefore request the Hono'ble Board will be pleased to appoint another in the room of their the Public buildings Most ob. Servt. 13 240 CALENDAR OF STATE PAPERS. 1791. AMBROSE JETER TO BEVERLEY RANDOLPH, Esq. Jan. 3d Amelia Stating that he had been informed by Mr. Chaffin that he was one of the persons recommended for an assessor, in conjunction with another person from the County of Nottoway, to re-assess the lands of Amelia. mended for Should his Excellency think well to nominate him, he will take upon Recom- one of the assessors himself the trust, as be thinks there can be no objection from the peo- ple of Nottoway, holding as he does lands under both former assess- ments, and believing it to be almost the general wish of the people of Amelia. Jan. 4th + HENRY BANKS O GOVERNOR RANDOLPH. Richmond Tobacco Stating that he has been informed by the agent that he has some Tobacco in different warehouses. He has proposed to him to purchase 30 Proposes to hhds. at the limited price, and pay by a claim he has against the Com- purchase monwealth of a much larger sum, established by a suit in the High and pay with his Court of Chancery, which cannot be confirmed till March. If the claim Hon'ble Board think proper to instruct the agent on this head, the against Com- monwealth, accommodation to him will be very great, as he finds it now necessary &c. to remit some money to Kentucky, & the postponement till March will he attended with danger. Jan. 4th ELIAS LANGHAM TO GOVERNOR RANDOLPH. Richmond Informing him that the Contractor's time for furnishing rations for Contractor's the post at Point of Fork, will expire May 1st next, & therefore thinks time for fur- it necessary to enter into a new contract early in the spring, so that nishing rations whoever engages in the business may be in readiness with the necessary to expire supplies. He wishes an order of Council authorizing him to open a new contract at such time, as the board may think proper. Addition built to the He says that he has without advice, had an addition made to the public mill public mill at the Post, at an expense not including the mill-stones of £21. He encloses the millwright's bill. His motive in this was, that he thinks it will be productive, inasmuch as the tole earned might sup- ply the Post with forage, & save the expense of purchasing a Consider- able part, if not the whole short forage necessary for the supplies of the Post. He still thinks so, and if his judgment fails in this matter, his conscience will stand acquitted, as his intention is to lessen the expense of the Post as much as possible. If the Board do not think proper to allow the additional expense, he will pay it himself & depend on the nett profits of the mill to repay him. As the artificers' times will expire in April next, he desires to know whether they shall be engaged for a longer term or not. CALENDAR OF STATE PAPERS. 241 SAM. COLEMAN TO THE GOVERNOR. Reporting that he had examined the quarterly returns from the Post at the Point of Fork. He finds a balance due the Superintendent and Artificers to the first day of January, 1791, to be £111, 9s, Od, and the Amount of the Pay-Roll for the Guards to be £72, 12s, as usual. Mr. Langham's Cash account states a balance in his hands of £4, 14s, 3d, which being deducted from the balance due the Supt. & Artificers, will leave the sum of £106, 14s, 81d.; for which, with the pay due the Guards, warrants ought to issue as usual to balance the accounts to the 1st Jan- uary, 1791. 护 ​GEO. CLENDINEN TO GOVERNOR RANDOLPH. Sir, I wish the Executive were disposed to take back the orders direc- ted to me (of last week) on the subject of our defence, and grant my request of Saturday last, together with thirty privates and their proper proportion of officers with the allowances made the Militia under the militia law. This number, tho' Inadeqet to defend so extensive a fron- tier, wo'ld in a great measure insure protection; this would increase expences very little, if the other mode was even practicable. I hope your Excellency and the Honl. board will pardon my frequent solicita- tions, as my motive to you must be obvious. On Saturday Evening last, I received a letter from the Hon'ble Andr'w Moore in Congress, on the subject of Indian affairs; from which I learn no step is yet taken by them, nor does ho signify that they Contemplate any other measures than those already adopted. I am your Excellencie's obt. H'ble Serv't. WM. HAY TO JAQUELIN AMBLER, ESQ. Informing him that he is confined with a severe complaint in his bow- els, & cannot attend to-day, & asking him to obtain an order from the Executive for the balance of the note of the assembly of 1789, being £353, 198, 1d, of which £150 is to be paid to James Carney; the balance. had better remain until to-morrow, when he may be able to attend, unless a small sum-say £60 or £70-may be necessary for Mr. Austin. There is yet a good deal to do to the Roof. The late high wind has 1791. Jan. 4th Council office + returns from Quarterly Point of Fork Jan. 4th Richmond Defence Andrew Moore Indian affairs Jan. 4th Richmond Sick, and cannot attend to- day 31 242 CALENDAR OF STATE PAPERS. 1791. Jan. 4th Jan. 4th Henry Co. Returned from North Carolina Act for cutting the canal not sent turned up a sheet, which has remained so many days. He fears Mr. Austin has no plumber competont to finish it since his workmen left, and thinks it prudent to enquire into these circumstances before a full pay- ment is made. GEN'L JOSEPH MARTIN TO THE GOVERNOR. Sir, I this day returned from North Carolina, and am sorry to inform your Excellency that I co'ld Not in every respect, answer the ends I was sent to that state for, as they did not seem Disposed to do Any- thing respecting the boundary line, as they Conceived they had no power. But with some Dificulty, I prevail'd on them to refer it to a Committee, where I had an opportunity of giving my sentiments. found it very Dificult to collect the Committee, Being obliged to do the duty of a door-keeper, by applying personally to every one, & soliciting them to attend. The report I herewith send, as also the one Past in 1789. I endeavour'd to have a law Past, but could not. After much time being spent, the Assembly agreed to let that part lie over until Next Session, as they should have as much power Then to pass the act as they had at this. It was out of my power to send the act for Cuting the Canell, the reasons the Governor has assigned your Excellency, the act is similar to the one past in Virginia, tho' not exactly; in one instance They compell the subscribers to have it to Draw Five feet water; the Virginia act only three. I also send for your information a Copy of the Session act by which you will see whether North Carolina with propriety can pass Walker's any act to Establish Walker's line; if so, it probably may be done next Session. I mentioned something in my last letter Respecting a Report of a Committee on the latter. I wrote Mr. McGillavray In order to Explain the Matter more fully; have sent the Original report, sign'd by William Blount, who is now Governor of the new Seaded territory. Mr. Savier The other Depositions aluded to was Exhibited by Mr. Savier, in order line to answer his ends; these were the Reasons I have been told Congress did not Continue My appointment to the very great injury of the fron- tiers of this State. The Governor of North Carolina has wrote a verry long letter to the president on the subject Recommending to appoint me. Recom- As your Excellency has been well acquainted with My Conduct in the mending Indian Department many years, if you think me worthy of that trust― appointment if you & the Honorable Council thought proper to write to the Presi- him for CALENDAR OF STATE PAPERS. 243 dent also-It mought put thing to rights, & I might Have it once more in my power to Render assensial services to my poor Distressed friends on the Frontiers, as nothing else could induce me to accept of any appointment under Congress after their neglect To me; which the poor suffering frontiers cannot help. I have lately had a long talk from the Cherokey, with a belt of wampum, requesting me to come Immediately to their towns, But I shall not go before I hear whether I have any Encouragement from Congress or this State respecting a Garrison at the Ford of Cumberland. I have lately had several letters on that sub- ject from Cumberland & Kantuckey. The ford of Cumberland is the line between the United States and the Cherokee Indians. If I could get liberty from Congress to purchase a few Acres of land from the Cherokeys at that spot joining mine, I could casily affect it—I mean a few acres for the support of the garrison; 50 acres or a 100 might not be thought extravigant. If this could be affected, & I get liberty to Liberty to trade, & the sitizens restran'd from taking spirituous liquors to the towns, I am well assured Could do something Capital for the frontiers of this State. trade I Cannot with Conveniance wait on your Excellency Immediately; have therefore employ'd Capt. Alexander to set out with all Possible Dispatch with the enclosed from the Governor of N. Carolina. Should your Excellency Honor me with any further Commands, shall stand prepared to execute them on the Shortest notice. 1791. Jan. 4th I have the Honor to be, with the Greatest Respect, Your Excellency's most Humble & must obt. Serv't. two The Indians in their Talks to me, mentioned That some time this fall White men some White men came to their Camps where they were hunting, & kill'd killing and two of their men, & scalpt them & took from them a large quantity of Indians, &c. Bear meat & all their skins, &c. They seem much confused. I Beleave a party of Creeks who are not very well Disposed, have been tempering with them; also the Western Indians. I could say much with propriety on Indian afairs, but it Might appear to some that I wanted to get into Business. I Conclude for the present, by saying that it is my opinion that if the same attention had been paid in that Department For twelve months past, as had been for many years Before, the frontiers would have been on much Better footing. I Belive your Excellency will recollect That no Combination among the Different Tribes took place, without the Executive of Virginia being inform'd, nor no expeditions by any Tribes, as I had by way the Chero- kees opened A Communication to the Different tribes over the Ohio. General Harmer might have known what numbers & tribes he had to encounter Before the action, &c. Congress' neglect of him General Harmer Captain Alexander 244 CALENDAR OF STATE PAPERS. 1791. Jan. 6th Sir, Jan. 6th Your favour of the 1st Inst., I received last Night. The Executive Hanover may be assured of my attending as formerly to the Duties of my office The Execu- as soon as I possibly can do it with any tolerable safety. I was in tive assured Richmond a few days during the sitting of the Court, but was for a to duty as week afterwards unable to use my left arm. I returned again as soon of his return soon as he possibly can as I got a little better, & on coming home had a sore brake on my right arm, as also my leg broke out afresh. These places are again mending & I shall be in Richmond immediately on their healing up; of which 1 have every indication that can be wished. I have, Sir, for your & the Executive's satisfaction been more particular, as the indulgence. I have received demands my utmost assiduity the moment I can resume busi- ness. Jan. 7th L. WOOD, PUBLIC SOLICITOR TO GOVERNOR RANDOLPH. Annapolis Most respectfully I am, Sir, Your Excellency's most obt. & h'ble Serv't. Sir, of lature Richmond I was honoured with your Excellency's favour of the 17th ulto.; Enclosing the Contents of which I daily observe. I now take the liberty to inclose copy of Act Copy of the act of the Legislature wherein it is directed that my war- rants shall be Issued bearing an Interest of 6 pr. Ct. pr. annum; this has hitherto been omitted, Supposing the Cash to be directly received at Requests the Treasury, but this not being the case, I have now to request that warrants to the Auditor will be directed to Issue the warrants agreable to the said agreeably to act, as also that the Interest may be settled for those already Issued, said Act, &c. agreable to the time of payments made at the Treasury. be issued OLIVER POLLOCK TO GOVERNOR BEVERLEY RANDOLPH. I have the honour to be, Your Excellency's most obedient, Hum'ble Servant. J. E. Howard, GOVERNOR OF MARYLAND, IN COUNCIL, TO THE Gov- ERNOR OF VIRGINIA. Sir, We have the honor to acknowledge the receipt of your Excellency's letter of the 1st of December, on the subject of the materials formerly provided for the erection of a light-house, in which our States have a CALENDAR OF STATE PAPERS. 245 joint interest. And we enclose you a resolution of the Legislature au- thorizing us to take measures in concert with the Executive of Virginia for the disposal thereof. As we recollect from former communications that your Board sent one of its members to ascertain the condition in which these materials are, we are persuaded that the intention of our assembly will be perfectly answered by our referring the matter entirely to the Executive of Vir- ginia. We therefore notify to your Excellency that whatever contract you may make for the whole of the materials will be accepted by this State, and in that case we request your Excellency to take proper meas- ures for the payment of our part. In the meantime, if any proposal should be made to us on the subject, we shall take the earliest occasion to apprize your Excellency of it. We have the honor to be, with great respect, Your Excellency's mo. obed. Serv'ts. THOMAS JEFFERSON, SECRETARY OF STATE, TO THE GOVERNOR OF VIR- GINIA. 1791. Jan. 6th The matter referred entirely to the Execu- tive of Vir- ginia Jan. 7th Philadel- phia Enclosing a printed copy of an act to provide for the unlading of ships or vessels in cases of obstruction by ice. This act was passed by the House of Representatives on Dec. 6th, 1790, and also by the Senate, An Act to and approved by Geo. Washington, Prest. of the United States, on Jan- provide for unlading uary 7th, 1791. The purport of this act, is: That as it sometimes hap- vessels when pens that vessels are obstructed by ice in their passage to the ports of their destination, and it is necessary that provision should be made for unlading such vessels, It is Enacted that in all cases where a vessel is prevented by ice from getting to the port at which her cargo is intended to be delivered, it shall be lawful for the Collector of the district, in which such vessel may be so obstructed, to receive the report and entry of any such vessels, and with the consent of the naval officer (where there is one) to grant permits for unlading or landing the goods, wares, or merchandize imported in such vessel, at any place within his district which shall to him appear most convenient and proper. And further, that the report & entry of such vessel, and of her Cargo, or any part thereof, and all persons concerned therein shall be under, and subject to the same rules, regulations, restrictions, penalties, & provisions, as if the said vessel had arrived at the port of her destination, and had there proceeded to the delivery of her cargo. obstructed by ice All persons concerned subject to the same rules, &c. 246 CALENDAR OF STATE PAPERS. 1791. JNO. HARVIE AND OTHERS TO THE GOVernor. Jan. 10th Jno. Harvie, David Ross, and Wm. Foushee, Directors of the James River Company, to Governor Randolph: Sir, Richmond We have just now made a Requisition from the members of the Requisition James River Company of five pounds pr. share on the whole Capital to made for 5 be paid on or before the 20th day of next month. As this is the season pounds per share on the for laying in provisions and several other articles essentially necessary whole capital for carrying on the Work, we shall be much obliged by your favour- ing us with a warrant for the money which will be due for the Public Shares. Jan. 14th Treasury Report of balance in Treasury We do not mean to draw the whole money immediately, unless it be agreeable, but shall endeavour to accomodate the payments to the con- venience of the Treasurer. We have the Honor to be, J. AMBLER TO THE Governor. Your Obt. Serv'ts. Sir, We have between a thousand and eleven hundred pounds specie now in the Treasury; it is impossible to determine when & to what amount it may be replenished; however, the pressing calls of the James River Company, I should presume, will justify an advance of £500 for their present need. I am, Sir, with great respect, Your Excellency's obed. Serv't. Jan. 14th ALEXANDER HAMILTON, SECRETARY OF THE TREASURY, TO GOVERNOR BEVERLEY RANDOLPH. Sir, · Treasury It is necessary to the adjustment of the public accounts, that the Department officers of the Treasury should be informed what sums in final settle- ment certificates were paid over to the several states by the agents for Statements settling the accounts of their respective lines in the late Army. The of agents statements of those agents are the only documents on the subject of which the United States are possessed, and it will be readily perceived that they ought not to be accepted as satisfactory vouchers. CALENDAR OF STATE PAPERS. 247 I am therefore obliged to request the favor of your directing a return of the sum received by your State to be made out as expeditiously as may be convenient and transmitted to this office. I have the honor to be very respectfully, Sir, Your most obedt. Servant. WM. HAY TO THE GOVErnor. 1791. Jan. 14th I have the honour to be, with great Respect, Your Excellency's most ob. Sev. Jan. 17th Sir, of the fund In order to enable the Executive to come to a Determination re- Richmond specting the application of the Fund provided by the assembly for the Application purpose of paying the Debts due by the Directors, and for the further prosecution of the Work, I beg leave to transmit to you Copies of the statements laid before the Committee of the Assembly. No. 1 is a state of the Debts due, out of which is deducted the Bal- ance then due & since received of the vote of the preceeding assembly. This statement is not accurate, but I believe it does not exceed the sum that will be due when the work is measured & the accounts are settled; until this is done, the Directors do not wish to proceed any further in the work of the Capitol. In order to satisfy the most pressing Demands, I conceive five hundred of the seven hundred and fifty Pounds will be sufficient at present. £500 suffi- cient at present Estimate << of Mr. Ambler No. 2 is an Estimate of the sum necessary for paying the Debts and executing the work taken notice of in the Report of the Committee. The Directors at a meeting held before the Resignation of Mr. Ambler, Resignation had come to a Determination to sell the Inclosure 'round the Capitol, as it was of no further use for the preservation of the materials; in this they wish the advice of the Executive. Besides the act for providing the sum of fifteen hundred and sixty-two pounds, there is another em- powering the Directors to provide a Bell, &c., but as there is not a majority of the Directors to constitute a meeting, no new contracts can be made until the Executive fill as many of the vacancies as they sec proper. The Executive will therefore be pleased to act in this Business, & to advise the Directors how far they can depend on money to comply with such contracts, as by these acts they are authorized to make. Agree- able to the Directions of the Executive, I have entered a claim against Mr. Cary's Estate for the Debts due by him, & will furnish the Attor- ney-General with such Documents as will enable him to sue for the Debts due to the Directors & the Commissioners of sales of public property. No new contracts can be made till vacancies are filled Claim against Mr. Cary's estate, &c. 248 CALENDAR OF STATE PAPERS. : 1791. Jan. 17th Statement No. 1 Statement No. 2 Statements No. 1 and 2, referred to above, are as follows: No. 1. State of the Debts due by the Directors of the public Buildings: To James Carney, &c., stone-masons, To Moses Austin & Co., To John Barrell on account of Edward Voss, includ- ing Interest from the 8th July, 1789, when his claim was adjusted, To Samuel Dobie, N. B. Of this Sum, there is £10 which appears to have been an over-charge by the Commissioners upon a former settlement with Mr. Dobie. To Joseph Kay, whose work is not measured, but suppose, To Dabney Minor, whose work is not measured, but ; suppose, To Heisler & Cooke for stoves for the Senate room and the Court room, To William Anderson & Co., balance of the imported materials, N. B.-This sum has not been paid on account of a claim which the Directors have for the Drawback on the Glass, & for some nails which were unfit for use, & which has never yet been adjusted.. Some small Balances due the workmen, Deduct for the Balance of the vote of last assembly, Sum to be provided, £221, 18s, 10 d. 230, 0 8 Finishing the Cornice in plaster or wood-say, Plaistering the offices under the Portico, do. the rooms unfinished, 129, 12 51 53, 10 0 To pay off the arears—say, Lead for the Cornice, wall-pipes and windows, exclu- sive of the Lead on Hand belonging to the Public, say 11 Tons at £52, 150, 0 0 0. 0 200, 0. 14, 11 0 100, 5 101 4, 0 21 £1,103, 19s, 1d. 353, 19 1 £750, 0s, Od. No. 2. An Estimate of the Sum necessary for the objects in the Report of the Committee, formed upon the best Information the Directors can at this Time obtain, viz: £750, Os, Od. 572, 0 0 240, 0 0 50, 0 0 50, 00 0 £1,562, Os, Od. CALENDAR OF STATE PAPERS. 249 N. B. The Debts due to the Commissioners & the Directors enumera- ted in the Report of the Committee, with Interest to the first of Janu- ary next, would amount to £796, 6s, 6d, which is more than the Debts stated above to be due by the Directors. If the Assembly agree with the Committee in allowing to Moses Aus- tin & Co. 5 pr. Cent. on their Contract, The sum of £142, 9s, 2d. ought to be added to the above Estimate. JAPAN Sir, SAM. COLEMAN TO THE GOVERNOR. Informing him that since his last, on the subject of the Militia, the following returns have been made by the County Lieutenants, viz: of Spotsylvania, Chesterfield, Mecklenburg, Southampton, Northampton, New Kent, Fluvanna, and Lunenburg. The County Lieutenants of Fluvanna, Amherst & Chesterfield, & of Mecklenburg, have respectively declared upon oath that no monies have come into their hands by virtue of their offices. The County Lieutenant of Nansemond by a statement of Disbursements and of fines received makes a balance due him upon oath of Eighteen pounds, twelve shillings. He begs leave to submit a General statement of the Returns received during the year 1790, and to assure him that he is with great respect, His most ob. Servant. WM. HAY TO THE GOVERNOR. I have the honour to be very respectfully, Your Excellency's most ob. Servt. 1791. Jan. 17th Present: Richard Adams, The Hon'ble Robert Goode, William IIay, Dr. William Foushee, & Daniel L. Hylton. Upon consideration of the statements laid before the Assembly of the Debts due by the Directors; and the work directed to be executed; and the Letter to the Executive of the 17th Instant, wrote by William Hay on Behalf of the directors: Jan. 18th Council office Militia returns The inclosed is a Copy of the proceedings of the Directors of the Richmond Public Buildings at their meeting this Day in the Capitol; In consc- Copy of quence of which I have drawn orders to the different Gentlemen named proceedings therein for the respective Sums to be paid to them. You will therefore be pleased to grant orders on the Auditor to them, on Behalf of the Directors of the Public Buildings. of Directors of the Public Buildings Jan. 19th At a meeting of the Directors of the Public Buildings held at the Meeting of Capitol the 19th day of January, 1791: the Directors Debts due by the directors '32 250 CALENDAR OF STATE PAPERS. 1791. Jan. 19th Person to be paid and the amounts Inclosure round the capitol to be sold Jan. 20th Auditor's office Jan. 20th Sir, Having perused the extract of Colo. Davies's letter to your Excell- ency sent me yesterday, I begg leave to inform you I do not think there Col. Davies' remains in this office a single voucher or document of any kind respect- letter ing the Cont'l acct.; I can only judge of this, however, from the fre- quent recourse which has been had to our books & papers for the pur- pose of selecting vouchers & Collateral proofs to support that account; and as the Comm'r seems to flatter himself some further proofs might be derived from a careful examination of the office, perhaps, Sir, it may be The object proper to encourage the enquiry, the object will surely justifie the will justify expence, and the Comm'r will have no cause to complain of remisness of the exami- here. If the examination should be advised, I'll be ready to give the person employed all the assistance in my power. nation Caroline Resolved, that of the sum voted by last Assembly, the sum of five hundred Pounds be drawn in order to pay off the most pressing Debts due by the Directors, and that in the mean Time the work unsettled be measured and the amounts theroof adjusted in order that every claim against the Directors may be paid off, and that application be made to the Executive for an order for the above sum by William Hay to be applied in the payment of the Debts due as far as it will go. Resolved, that the above sum of five hundred Pounds be divided as· follows: to Moses Austin & Co., one bundred and fifty-five pounds and eight pence; to James Carney, seventy-one pounds eighteen shillings and ten pence, three farthings; to John Barret, two hundred and twenty- nine pounds twelve shillings and five pence farthings; and to Dabney Minor, forty-three pounds, eight shillings. Resolved, as the opinion of the Directors that the Inclosure round the Capitol be disposed of by William Hay at public or private Sale, for ready money or a credit of three months as may appear to be most for the advantage of the public. Signed, R. ADAMS. A True copy: Wм. HAY. J. PENDLETON, AUDITOR, TO THE GOVERNOR. I have the honor to be with respect & regard, Y'r Ex'ys most obt. servt. COLONEL ARTHUR THORNTON TO GOVERNOR BEVERLEY RANDOLPH. Stating that the General musters in this County having been fixed on days that proved so wet that he had not sufficient officers to hold a CALENDAR OF STATE PAPERS. 251 court-martial; of course he made no returns of the strength of the militia, for which he trusts that he will be excused. While on the sub- ject of Militia, he would say that the fines heretofore assessed had been put by him into the hands of the Sheriffs, from whom he cannot obtain one single shilling; they say the People refuse to pay, and they doubt the propriety of seizing and selling. His situation being truly disagree- able, he would esteem it a singular favour to have the positive orders of his Excellency and the Honl. Executive, whether he as Commanding officer of this county, shall move the Court for a judgment against the Sheriffs for the amount of fines put into their hands for collection, or whether he shall let the matter lie dormant. He flatters himself of being indulged with absolute orders for one or the other. OLIVER POLLOCK TO GOVERNOR BEVERLEY RANDOLPH. Sir, By your Excellency's order at my request, the clerk of the Hon- ourable the Council has handed me Copy of a scurrilous paper directed to the President of the United States, signed by Lewis Toutant Beau- regard and S. Le Bourgois, accompanied by a voluntary certificate signed by Dan'l Clark, dated New Orleans, 14th October, 1789. I was honoured at same time with Copy of the Attorney-General's oppinion upon those papers, dated New York, 7th Feb'ry, 1790, and given by order of the President. 1791. Jan. 20th General muster Fines here- tofore assessed put in Sheriff's hands Jan. 22d Richmond Copy of a scurrilous paper Presi- directed to dent of U. States and Lewis Tou- signed by tant Beaure- gard, &c. This oppinion is so fully pointed to the Purpose, that it leaves but little for me to say on the subject; therefore I do not mean to trouble your Excellency with a tedious argument upon a business already so Discussed, that inspiration could hardly throw a new light upon it. There are, however, some points in view which the authors of those papers maliciously insinuates, 1st, that I never had anything to loose, and of course they never looked to me for the money; & lastly, that I may have defrauded the State as well as them. Respecting those charges Respecting for the information of your Excellency, I have 1st to observe that I carried on an extensive and advantageous commerce for twelve years before the revolution; during which time I was supply'd with dry-goods from London, negroes from Africa, and flour from Philad'a to the River Mississippi, (for all which I had no bills protested); and by the Corres- pondence I had with the principal Commercial Houses in Philad'a, I became known to the United States, and early in the revolution I was solicited by them & this state for important supplys which I then fur- nished with my own funds, and my own Credit long before I had the honour to touch Beauregard or Bourgeois' money for the unfortunate bills upon Pinet, Dacosta & Co. these charges, &c. 252 CALENDAR OF STATE PAPERS. 1791. Jan. 22d .. Jay Those Gentlemen say: "In 1784 we were informed that Mr. Pollock had settled all his publick accounts with the State of Virginia in which he included our demands with an allowed damage of 18 p'r cent., & In- terest of 6 pr. Ct. pr. annum. Yet untill the year 1887 we heard no more on the Subject." They must had more than common indulgence to their debtors to remain three years in silence without making any demand on me, and nine years without making any demand even on the State, which they now say was their whole Dependance for their money; but I presume they forgot how they commenced suits against me at the Havana & New Orleans. Inclosed copy of his obligation, The inclosed Copy of my obligation, dated Havana, 2d May, 1785, (to the Spanish Envoy, Mr. Gardoque,) and now upon record in that City, destroys their assertion. Facts and dates are too stubborn to be done dated Havana, May 2, 1785 away by flattery and falsehood. Lastly, Concerning the mode of pay- ment, I have only to refere to their receipts and General acquittances which was given at the Publick Notary's office, dated New Orleans, 10th & 15th March, 1787, 6th March, & 27th May, 1788, and there upon record, and now on the files in the Auditor's office of this State. - Those documents require no comment. It now only remains to inform your Excellency respecting the paper money busines. In the years. 1787 & 1786, I shiped my attorney (then Mr. Clarke), negroes from the West Indies & flour from Philad'a to New Orleans, to be there disposed to the very best advantage to take up those bills, and all others that unfortunately had my signature hanging over me for the publick service. Mr. Clarke in this transaction received the current money of the country for my property, and, of course, paid it away as received. Interest and It appears also by this Gentleman's certificate that I had gained 1 p'r damages Ct. Interest & 5 p'r Ct. damages. Granted he acted as my attorney gained by him and did only his duty to make the best bargain he could for mo, "how- ever sorry he or them may be for it now," for which I paid him 5 p'r Ct. on the sales of my Goods, and 5 p'r Ct. for taking up those bills, but this is out of my own pocket, as I did not act in this instance as agent for the State, or did the State furnish me with funds or Credit to take up those bills, but on the contrary, I risked my own funds and my own credit in the regular line of Commerce, and paid those gentlemen in their own Currency at their own door, and if I have any proffits by the nego- ciation, I presume all men of candour will think me justly entitled to them, but what is most to be lamented that they have got the paper money which was Equal to Gold and Silver at New Orleans when I was there last year, and I am, to this day, not only laying out of my Capital but also out of the Interest of my money. I observe Mr. Clark's certificate cloaths Mr. Beauregard with the dig- nity "of one of his Majistie's council of Loussiana." I hope he has got better credentials to produce for it than that flimsy voucher, but if he has such appointment it does him honour, and it is probably from that CALENDAR OF STATE PAPERS. 253 尊 ​} circumstance of his having acquired a proper knowledge of the Recti- tude of that Government, that prevented him from having the audacity to lay such a claim before that Honourable Tribunal, although I was on the spott at New Orleans at the verry time he secretly put it forward to the President of the United States, & by that artifice put it out of my power to bring them to Justice. I have dwelt the longer on those points, because in my humble oppin- ion they comprehend the whole of the business-the rest is unworthy of notice. I have the honour to be with much Respect, Your Excellency's most obedt. Humble Servant. The following is the Copy of Mr. Pollock's obligation referred to in the foregoing letter: 4 1791. Jan. 22d I, Don Lewis Sirrano, Notary to his Majesty, & attorney for the royal Copy of treasury in this City & Island, Certify & make known that in the pub- Mr. Pollock's obligation lick register of my office, on the thirtieth day of April Last, Don Oliver Pollock, of the Anglois Americano Nation, & residing in this City, has bound himself to Pay to Seignor Commissario Ordinador Don Deigo Gardoque plenipotentairy of our Sovereign to the United States of North America, immediately upon his arrival in that Country, to which place they are now both ready to Depart, the sums which he ows to the royal Treasury & to other Individual persons, to-wit: To his majesty, 13,112 dollars; To his Excellency Count de Gabrez, 74,087 do.; To don Joseph Fouche, 210 35; To Mr. Bourgard, 3,000; To Mr. Saarsy, 3,000; To Mr. Santiago Mulen, 12,200; To Mr. Cadet Fardet, 2,155; To do. for another sum, 13,000; To Don Marcos Olivares, 2,000; To Don Narcisso Dealva & C., 8,107 1; which Sum are the same Due to all the Creditors which are pending in the Court of the Intendant-General of the Army and royal Treasury, & on which the Suits are suspended by virtue of his having engaged to pay them in the said provinces to the said Signor Commissario Ordinardor on Condition that out of the debt due to the royal Treasury are to be deducted 1,878 dollars, which he asserts he has paid, & for which Sum he is not Credited in the proceeds; for which reason, he is to produce to the same Commissary Competent vouchers for the payment of that sum, in order that it may be discounted, and the same is to be observed in respect to Don Narcisso Alva & Co. debt, which the said Pollock asserts does not amount to 3,107 1, the sum demanded, of which nothing appears in the suit to the Con- trary. 254 CALENDAR OF STATE PAPERS. 1791. Jan. 22d Jan. 24th lodged with public ser- vants to act } • Jan. 24th In Testimony whereof & of the written obligation above mentioned, & in virtue of the verbal order of the s'd Intendant, I give these Pres- ents in the City of Havana, the 2d May, 1785. Philadelphia Sir, War I have the honor to acknowledge the receipt of your Excellency's department favors of the 3d and 7th instant. LEWIS SIRRANO. This translation appears to Contain the substance of the original. JOHN TAY. New York, 12th July, 1785. Obliged for I am exceedingly obliged for your kindness in forwarding the letters, forwarding in the manner you mention, to governor Blount. I am in hopes he will receive them. I was apprehensive they might have been forwarded in another manner, and perhaps suppressed. Blount Entirely disposed to comply with your request in all things, I have communicated with the Secretary of the Treasury upon the subject of Commuta- returning the commutation of the meritorious officer, Willis Wilson. It tion of Willis appears that he has already received one year's pension from Virginia, Wilson and one year from the United States, amounting to Two Hundred and sixty-six dollars and sixty-six and two-thirds cents. But it does not appear to whom he has returned his commutation, but it is presumed to Upon investigating this subject, it doth not appear that discretionary power is lodged with the public servants to take any step upon this subject, and therefore that nothing less than an Act of the Congress would be adequate to authorize the return of the commutation. No discre- have been to Virginia. tionary power H. KNOX, SECRETARY OF WAR, to the Governor. As Virginia has been pleased to grant him the amount of his half-pay, His idea sub- and as the United States will continue their payments to him, I submit mitted the idea to your Excellency whether upon the whole this arrangement will not be much better for him than to endeavor to obtain a return of his commutation? I have the honor to be, with great respect, Your Excellency's most obedient, humble Servant. COLONEL WM. DAVIES TO BEVERLEY RANDOlph, Esq. Sir, On examining the extracts sent me from Major Claiborn's books, I find the person employed in this business has mistaken his object. The CALENDAR OF STATE PAPERS. 255 · 1791. books made out by him consist of Major Claiborne's cash account, and papers a general return of supplies furnished by the State. The copy of the Jan. 24th cash account is of little use, as it is immaterial to our purpose how Clai- Extracts from Major borne applied his money; our only enquiry is, the sums advanced by the Claiborne's State, and that already sufficiently appears by the books of the Audi- tors & Treasurer. On the other hand, the supplies were received thro' Supplies a vast variety of channels; a minute statement of which is necessary, both for the purpose of ascertaining how much of the supplies which he received are included in the receipts which I have, as well as what the quantity for which I have no other vouchers. This object can only be accomplished by a minute specification of the county, person, office, & time to which the supplies delivered bear rela- tion; otherwise I cannot distinguish how far these supplies were appro- priations of the articles obtained by purchase, impressment or taxation, the three modes by which the State procured them. All these circum- stances are omitted in the return sent me-nothing more being particu- larized than the amount of the articles received by Claiborne, and five only of his deputies. I will be much obliged to your Excellency to have this matter remedied. Johnson of Augusta On this occasion, perhaps, it may be proper to inform you that on the 9th of May, 1781, Wm. Claiborne stands charged with £81,000 on account to purchase horses for the army; and on the 17th of July fol- lowing, with £168,000 on account to pay for horses for the army; and on the 28th of February, 1783, with £187, 10s, specie, for expences of continental horses. Whether these entries on Major Claiborne's books have any relation to the transactions to which your Excellency in a late letter referred, I cannot determine. The documents forwarded by a Documents young Mr. Johnson, of Augusta, who appears to have been Employed sent by Mr. by Mr. Porterfield, have been collected, I fancy, upon a very mistaken principle. They support claims to a large amount, and would have been admitted without hesitation had they been sent on in their original state; but it seems to have been the idea of Mr. Johnson, that the de- sign of the collection of these vouchers was to obtain compensation to the individuals; and unhappily an affidavit has been annexed to a great number of the receipts, that the proprietor has never received any pay for the articles expressed in them, subjecting by these means all charges in our account that are found on these vouchers to the hazard of rejec- tion, upon the principle that if the State never paid for them nor raised them by tax, she has no right to charge them. I shall write to Mr. Porterfield on this subject. I have the honor to be, How the object can be accom- plished I have received by Mr. Belli the treasury receipt-books, which I de- Mr. Belli sired, and some which I did not, being for payments a year or two prior to the commencement of the resolution. Your Excellency's most humble Serv't, 256 CALENDAR OF STATE PAPERS. 1791. Jan. 26th Dear Sir, Jan. 25th I received yours, dated December 6th, 1789, calling upon me North- to make immediate payment of my subscription for a month's pay and ampton interest due thercon from the 1st day of Jan'ry, 1783, at which I am Called on to much supprised. In answer to which, I have only to say that I paid at pay his subscription, the settlement of my acct. with the Continent, Mr. Andrew Dunscomb Fifty Dollars, the sum which he inform'd me I was to pay. That was in March, 1783. As to the six dollars I do not recollect of my paying, and should be glad to know before I do, what it is for. &c. Council office Jan. 26th Auditor's office Oliver Pollock's protested bills CUSTIS KENDALL TO SAMUEL COLEMAN, Esq. I am, D'r Sir, with esteem, Remaining, Sir, I do myself the honor to enclose you a return of the amount of final settlem't and Commutation Certificates rec'd by Mr. Charles Jones of Mr. Dunscomb. Of this amount, there is yet in my possession the sum of Sixteen thousand and Seventeen Dollars and fifty-two nine- teenths of a Dollar, to be paid to the Claimants. The above return is made out from Mr. Jones' account of receipts and issues. • SAM. COLEMAN TO THE GOVERNOR. Your obed't, Hum. Serv't. • I have the honor to be, Sir, J. PENDLETON TO THE GOVERNOR AND THE HONORABLE BOARD. In obedience to an order of Council respecting sundrie bills presented by Oliver Pollock, esq., the auditor respectfully reports to the hon'ble Board as follows: Bills-of w'ch these have been paid: One for, do., That the sum retained to indemnifie the State on account of sundrie protested bills drawn in favour of Mr. Pollock, on Penet & Co. of france, Amounts to, $38,389 05 Your most ob't Servant. 12,200 3,278 15,478 00 22,911 05 : CALENDAR OF STATE PAPERS. 257 Brought forward, Mr. Pollock produces now the following bills with protests: One for, do., - do., Remaining, W I I 11 $13,000 2,155 3,000 22,911 05 18,155 00 4,756 05 1791. To obtain this balance (of 4,756 dolls. 5 cts.) Mr. Pollock produces two protests-one for 1,773 dollars-the other for 200 without the origi nal drafts; and for the remainder sundrie letters of correspondence w'ch are not within the authority of the Auditor to be admitted in lieu of the bills, & therefore are refered to the hon'ble, the Executive. Note. The bills to be paid are entitled to 18 p'r Cent. damage, & 6 p'r Cent. interest from 1st August, 1782. Account & Co. By reference to account current of Messrs. Pinet, Dacosta Brothers, & Co. with Oliver Pollock, it will appear that the state of Virginia issued current with a letter of credit on them in favor of Pollock, on Nov. 6th, 1779, for 65814 piastres, 4 xa's, upon which he drew his drafts in favour of sundry persons, for the full amount, the last having been drawn by him at New Orleans, on the 13th of September, 1780. JOSHUA CHAFFIN & JOHN ROYall, Jun'r, TO THE Governor. Recommending Matthew Robertson, George Baldwin & Ambrose Jeter, of Amelia, and Capt. John Morton, of Prince Edward, as proper per- Jan. 26th THOS. LEE, JR., TO GOVERNOR BEVERLEY RANDOLPH. Dumfries State lately put in the à possession of large tract Informing him that by a late decision in the Court of Appeals, the State is put in possession of a large tract of land in this County, known by the name of Bristow Land. Ever since the land was confis- cated, and the suit pending between the State & certain individuals, the late Mr. Wm. Carr has been receiving the rents. He supposes that his Excellency and the Hon' Council will appoint some one to receive the tow Land rents now due on behalf of the state, as also to settle with the repre- sentatives of the late Mr. Carr. He will be glad to receive that appoint- ment and execute the business, and will be at all times ready to receive their commands on the subject. of land called Bris- Jan. 29th Feb. 1st Amelia 33 258 CALENDAR OF STATE PAPERS. 1791. Feb. 1st Feb. 4th Thinks it unsafe to venture out Mr. Pollock will take charge of Treasury Receipt book for Col. Davies sons to be appointed to re-assess the lands of Amelia & Nottoway Coun- ties. George Booker, Sherwood Walton, John Gooch and Sterling C. Thornton formerly assessed the lands in the above mentioned Counties, neither of whom it is hoped, will be re-appointed. Thinking it unsafe to venture out for the first time in such raw weather as the present, I beg leave to send you such public Papers as I have received since the last meeting. I received by last night's mail, a private Letter from Mr. Monroe. He informs me that the Sen- ate have pass'd the Bill establishing a National Bank upon the follow- bank estab- ing Principles:-The Capital to consist of 10,000,000 of Dollars; 2 mil National lished lions of which sum is to be subscribed by the U. S. out of the money lately borrowed in Europe, to be afterwards borrowed of the Bank & repaid in 10 years by Equal Annual Instalments. The Residue to be subscribed by States or Individuals, in shares of 400 Ds. Each; & in Paper securities & spccie; to commence its operations when 400,000 Ds. specie shall be subscribed. No charter to be granted to any other Company for the space of 20 years, that being the Period limited for the Duration of this. Governor BEVERLEY RANDOLPH TO BRIGADIER GENERAL WOOD. Dear Sir, Mr. Pollock is so obliging to take charge of a Treasury Receipt book, which was by mistake left out of the Box last sent to Colo. Davies; will you be so good as to have it sealed up in some strong Paper & sent to Mr. Granor's, where Mr. Pollock lodges. I hope I shall be able to attend the Council at their next meeting. I am Sir, Y'r obt. Serv't. Feb. 4th into the This is an Act of Congress, signed by the Speaker of the House, Kentucky to President of the Senate, and Thos. Jefferson, Secretary of State, & ap- be admitted proved by Geo. Washington, President of the United States, Feb. 4tb, Union 1791, declaring the consent of Congross, that a new State be formed within the jurisdiction of the Commonwealth of Virginia, and be ad- mitted into this Union by the name of the State of Kentucky. The said admission into the said Union to take place upon June 1st, 1792. The said State of Kentucky to be at that time received & admitted as a new and entire member of the United States of America, separate from and independent of the said Commonwealth of Virginia. CALENDAR OF STATE PAPERS. 259 Sir, J. AMBLER, TREASURER, TO THE GOVERNor. I am with great respect, * By the act entitled "An act to amend the act entitled, an act for clearing and improving the navigation of James River," I am required to purchase in behalf of the Commonwealth, so many shares which may be offered for sale, provided they shall not exceed fifty, nor the sum to be paid by the original proprietor for each share. The Directors of the James River Company, have this day made an offer of fifty shares, at fifty pounds for cach share, and as they are fixt in their determination to purchase the said fifty shares in behalf of the Comppny, rather than part with them at any less rate, I am inclined to take them at fifty pounds each, for the Commonwealth, provided it meets the approbation of the Hon'ble Board, whose advice I am anxious to have on this, as well as on every other important occasion, in which I am to exercise discretionary powers as a servant of the public. The concurrence of Concurrence the Hon'ble Board is more particularly desirable on the present occasion, because they can best judge of the future ability of the Treasury to desired by comply with cash engagements. The Directors say there will be abso- lute need of six hundred pounds in the course of three months. The present state of the Treasury will, I think, justify the parting with about £300, and I should hope the remaining £300 may be spared by the time the money will be wanted. of the Board him Your Excellency's most obed. Servant. 1791. Feb. 7th Treasury Act for im- proving the navigation of James River WM. ALEXANDER TO GOVERNOR RANDOLPH AND THE COUNCIL. Petition for exchange This is a petition from Wm. Alexander, Agent of the attorneys of the Richmond creditors, Simon Nathan, of New York, praying that the sum of 15,000 Wm. Alex- livres, together with costs, damages, Interest, &c., be paid to the said ander, agent agent or attorneys; It being on account of a draft issued & drawn by payment of protested the Board of Trade of Virginia for that amount on Pinet de Costa, bill of Freres & Co., of Bordeaux, dated on or about March 22d, 1780. That the said Nathan received said draft in lieu of a bill which he returned at the same time to the Board of Trade for 15,000 livres, drawn in favor of Major Godfrey Lintot on Pinet, De Costa & Co.; that the said Nathan paid away the Bill drawn in his favor to John Donaldson, which Bill was protested for non-payment; that the said Donaldson proceeded against the said Nathan and obtained judgment for the amount of said bill with costs, interest, &c., and received full satisfaction. The said Bill & protest is herewith enclosed, together with the affidavit of said Nathan taken before James Duane, Mayor of New York city; that he I Feb. 8th 260 CALENDAR OF STATE PAPERS. 1791. is justly entitled to the amount of the said Bill of Exchange with costs, Feb. 8th interest, &c., from the state of Virginia, he never having directly or indirectly received any value, consideration or satisfaction for the same. He humbly prays that such orders will be given as the nature & justice of this case demands. Peter Whiteside Feb. 8th Botetourt County Sam❜l Todd, sheriff, and securities Legality of said bond considered Bond annulled Together with this is also a similar Bill for the same amount, drawn by the said Board of Trade of Virginia on said Pinet, De Costa & Co., & protested for non-payment. Said Bill is now in the possession of Peter Whiteside, of Philadelphia. He trusts that this may be put upon the same footing with all the others of the same kind. H. Bowyer, CLERK OF BOTETOURT COUNTY Court, to the Governor. Enclosing a copy of the proceedings of Botetourt County Court, to- wit: At a court held for Botetourt County the 8th day of February, 1791: Present: Patrick Lockehart, Thos. Rowland, Martin McFarran, and Matthew Wilson, Gentlemen, Justices. Samuel Todd, Gentleman, Sheriff of this county, together with Rob- ert Harvey, George Hancock, Wm. McClenachan, Thomas Madison, and James Breckenridge, his securities entered into and acknowledged Bond in the penalty of Ten Thousand Pounds, according to Law, for the Collection, &c. of the Taxes due from this County to the Common- wealth for the year 1786; which bond is ordered to be Recorded. A Copy-Teste: H. BOWYER, C. B. C. At a court continued and held for the County of Botetourt, the 10th day of March, 1791: Present: George Shillan, Wm. McClensachan, Patrick Lockehart, Mar- tin McFerran, John Baller, & James Mason, Gentlemen, Justices. The Court having this day taken into consideration the Legallity of an order made on the 8th day of February last, for admitting Samuel Todd, Gentleman, to give security for the Collection of the Revenue and Certificate Taxes for the year 1786, for this County, and the sub- sequent proceedings, and having council on the subject, are of opinion that they were not authorised by Law to admit any person to qualify as a Collector of the Taxes aforesaid, for any other years except those for which said person was commissioned by the Executive, and that the order aforesaid ought to be, and the same is hereby superceded and annulled, and it is ordered that the Clerk of this Court do Transmit to the Solicitor certified copies of the preceding orders immediately, from which Martin McFerran, Gentlemen, one of the Court, dissented. A Copy-Teste: H. BOWYER, C. B. C. CALENDAR OF STATE PAPERS. 261 At April Botetourt Court, 1791: Present-George Shillun, Thomas Rowland, John Cartmill, & James Mason, Gentlemen Justices. Ordered, that the Bond Executed by Samuel Todd, Gentleman, sheriff of this County, and his securities therein named for the Collection of the Taxes for the year 1786, be given up to the said Todd, It appearing to this Court that said Bond was Illegally taken. A Copy-Teste: H. BOWYER, C. B. C. 1791. Feb. 8th RICHARD STITH TO Governor Randolph. Bond ordered to be given up to Todd, being ille- gally taken THOS. LEE, JR., TRAVERS DANIEL, JR., AND OTHERS, TO GOVERNOR Feb. 10th BEVERLEY Randolph. This is a petition from the inhabitants of Prince William & Stafford counties, praying for the pardon of James, negro slave of Wm. Adie, of Stafford county, who was tried and convicted at the Court of Oyer & Terminer of Prince William County, on Feb. 3d, 1791, in connection with Ben. Coots, slave of John Lawson, for burglariously breaking & entering the corn-house of John Hedges, and carrying away two bushels of Indian corn of the value of ten pence, and sentenced to be hung on Sentenced to be hung 12th of March next. These gentlemen give James a good previous character, and think it more than probable that he was induced to join in this felony by the seductions of the said Ben. Coots, who is a notorious villian. His pardon is most earnestly prayed for. Petition for pardon of James, negro slave Feb. 12th Dear hon'd Sir, County In hope of moving your sympathy toward me, I inform Campbell you that my short reign in sherifalty has thrown me into much Trouble and (I know not how great) danger of loss. Charles Lynch, jun'r, the Farming sh'ff, receiv'd the executions vs. the former sh'ffs, and return'd 'em executed (I'm inform'd) upon 100 negroes-when realy nothing in hand! afterward in course followed the writs of venditioni cxponas 1st, to the succeeding sh'ff (Col. Henderson), nothing found; 2dly, to me; I to Lynch. Now I am informed that the next stop will be a notice from below for me-no one so proper to intercede for me as the Gov- ernor. I pray you for your Sollicitation and intercession, that you'l please to explain (at the right time and place) that I was but passive; that Charles Lynch, jun., (and James Adams to assist him), with un- wearied diligence, obtained the Commission for me; after I'd given " His short reign in the sheriffalty has thrown trouble, &c. him in great 262 CALENDAR OF STATE PAPERS. 1791. under hand to Henderson. And (it seems so) when they had serv'd Feb. 12th their purpose, they suffer'd the Commission to be superceded [here I inform you that Lynch in the agreement was to find security.] If a man in my situation can be exempt, I pray you have me exempt, by turning the notice, &c., to Lynch; for I am inform'd that the Law gives the option of proceeding vs. the sh'ff or the Deputy, (the saddle upon the right horse), and Lynch is Rich. I pray for your endeavours to make me easy. Feb. 14th Feb. 16th LEWIS BURWell to GovERNOR BEVERLEY RANDolph. Stoneland ton's Stating that the bearer, Charles Burton, has a petition to lay before Charles Bur- the Executive, praying for the remission of a fine of ten pounds & costs, petition for assessed against him at the quarterly term of Mecklenburg County remission of court held in November, 1790, for assaulting and beating one William I. a fine Burrus. Said Burton supports an honest, good character, and is not quarrelsome. Burrus, he knows to be a drunken blackguard fellow- very quarrelsome, & fond of fighting. The facts stated in the petition he believes to be true, and he, with several other gentlemen, have signed it-hoping that the Executive will remit the fine. Am, Sir, Solicitor's office Your honor's affectionate, H'ble Servant. When my Business leads me to Manchester, I shall presume to make you a visit. COLONEL THOS. NEWTON, JR., TO GOVERNOR BEVERLEY RANDOLPH. Sir, Mr. Mc- Mr. McCombe, who has undertaken the building the Light-house on Combe Cape Henry, requests to know the price of the Stone lying there to be building Light-house dug out at the expence of the State, or what price as it lies buried in on Cape the sand, by the perch. Your Exc'y knowing the situation thereof, it is Henry needless to describe it. Be pleased to give an answer to this proposal as soon as possible. • I respectfully am, Y'r Ex'cy's ob't Serv't. Feb. 17th S. SHEPARD, CLERK IN SOLICITOR'S OFFICE, TO GOVERNOR RANDOLPH, Enclosing a list of balances due from Tobacco Inspectors to Oct., 1786, as appears by the Auditor's books. CALENDAR OF STATE PAPERS. 263 ; Act of Congress passed Dec. 6th, 1790, and approved by George Wash- ington, President of the United States, on Feb. 18, 1791, declaring that Andrew Brown, or any other printer, be permitted under the direction of the Secretary of State, to collate with and correct by the original rolls, the laws, resolutions, and treaties of the United States, to be by him printed. A certificate of their having been so collated and corrected be annexed to the said edition: Provided that such collation and correc- tion be at the expense of the said Andrew Brown, or such other printer, and that the person or persons to be by him or them employed in such service, be approved by the secretary of state. 4 SAM. COLEMAN TO THE GOVERNOR. E. LANGHAM TO BEVERLEY RANDOLPH, Esq. Fork - Stating that tho' he thinks it would not be proper to enter regularly Point of into a contract for the supply of provisions to the Post sooner than April 1st, as perhaps the arrangement then will be different from the Provisions present one, yet he thinks it necessary to have some expectation of a supply, be the arrangement as it may. for the Post at 7 pence per ration, &c. From a conversation with Col. Quarles on the subject, he seems not satisfied to continue furnishing provisions on the same terms as at present. He would be willing to furnish at 7d. per ration of meat, meal, Will furnish & salt. He desires the Governor to give him his sentiments upon this matter, so that he may know whether or not to encourage the preten- tions of a contractor, or if the probability is that no contractor will be wanted. In order that he may be able to look forward-as corn may be had now cheaper than is to be expected hereafter. If a contractor should be found necessary for the next year, he apprehends the 7d. is as low as any person will take the business. He will pay due regard to the last orders of the Council, and his Excellency's letter on the same subject. All is well at the post. Sir, Pursuant to Mr. Quarles' Contract, he has furnished the Post at the Point of Fork with rations from the 1st of November, 1790, to the 31st of January, 1791, inclusive to the amount of eighty-five pounds, twelve shillings, and one penny. I have the Honor to be, Sir, Your most ob. Serv't. > 1791. Feb. 18th Phila- delphia Andrew Brown or any other printer per- mitted to collate, &c., the laws of United States Feb. 21st Feb. 23d Council office Mr. Quarles contract for supplies A 264 CALENDAR OF STATE PAPERS. 1791. Feb. 23d Report on the printing of the laws of last assembly Feb. 23d Feb 25th Phila- delphia T. DIXON TO THE GOVERNOR OF VIRGINIA. Richmond Why the laws were printed on two kinds Stating that the reason the Laws were printed on two kinds of paper, was, the notice he had was so short. He procured all that was to be had in this place of the size, and sent to Petersburg to get some there, but none could be bad. Being limited to a certain time to have them fin- of paper ished, he thought it most advisable to expedite the business with all dispatch, which was more preferable than having the publication delayed. Act of Con- gress Feb. 26th JAMES WOOD AND ROBERT GOODE TO THE GOVERnor. Reporting that agreable to the request of the Board, they had called on Mr. Dickson (the public printer) and find 2,008 copies of the Laws of last Assembly ready, tho' not on paper agreable to contract. He is about the Journals, wh'h will be ready in fourteen days from this time. War Department H. KNOX, SECRETARY OF WAR, TO THE GOVERNOR OF VIRGINIA. Sir, The President of the United States has this day referred to me your Excellency's letter to him of the 17th instant, relative to your Communications of the 4th of the last month; and in obedience to his Communi- orders, I have the honor, Sir, to inform you that your communications highly im- being considered as highly important to elucidate the present Situation cations portant of the frontiers, were therefore with other papers of the same nature, on the 20th of last month, laid by him before the two houses of Con- gress. Measures That measures calculated for the effectual protection of the Frontiers, for protec- have been repeatedly under the deliberations of Congress, and it is tion deliber- ated by Congress expected will be concluded upon in a day or two. Act of Congress passed Dec. 6, 1790, and approved by George Wash- ington, President of the United States, Feb. 25, 1791, declaring That until the Representatives in Congress shall be apportioned according to an actual enumeration of the inhabitants of the United States, the States of Kentucky and Vermont shall each be entitled to choose two Representatives. ¿ CALENDAR OF STATE PAPERS. 265 That as soon as Congress shall decide upon this important subject, the result shall be transmitted to your Excellency. With great respect, I have the honor to be, Sir, Your most obt. & most hum. Servt. THOS. NEWTON, JR., TO BEVERLEY RANDOLPH, ESQ. Informing him that his favor of the 24th was received. He will make the offer to Mr. McCombe, of the stone on Cape Henry, but has no hopes of obtaining the price limited. If Mr. McCombe does not purchase it, his Excellency may count it a total loss. McCombe is now in New York, but he will write to him on the subject, and inform his Excellency of his answer, when received. 1791. Feb. 26th ANTHONY SMITH TO GOVERNOR BEVERLEY RANDolph. Informing him that agreeably to the Executive's instructions of Jan- uary last, he raised a company of Rangers, fifteen in number, by volun- tary enlistment. That he used very great exertions to accomplish this End, and supposed he would have the command of them. That he is an Ensign. He has been informed by the County Licut. that there is one other older Ensign than he, in the County. He has actually appointed him to the command, tho' he did not raise six men. He thinks it is not real justice that any officer of the same rank should have the command of rangers raised by his exertions. He believes the County Lieut. is only governed by a motive of establishing an uniform rule. of calling officers into service. He yet trusts that the Executive will Hopes the conceive him ousted out of his right. He hopes they will give such instructions that the right officer may be put into command; Be it who it may, or recommend the County Lieut. to leave the matter to the decision of the field officers & Captains of this County, who are all well acquainted with his exertions in this matter, as well as with his other conduct from his youth to the present day. Executive will con- ceive him ousted of his right, &c. Feb. 26th Randolph County Rangers enlisted by by voluntary enlistment Feb. 26th Norfolk Stone on Cape Henry to be offered to Mr. Mc- Combe A. MERCER TO BEVERLEY RANDOLPH, Esq. Stating that heretofore on account of his connection with Lady Mary Richmond Peyton, having interested himself in the misfortunes attending the estate of her late husband, Sir John Peyton, deceased, he was induced March 1st 34 266 CALENDAR OF STATE PAPERS. 1791. to advise, devise, & solicit the passage of an act of the late session of March 1st assembly, entitled "An act for the better 'securing certain debts due & Interested owing to the Commonwealth,'" and conceiving that that act authorized himself in the estate of Sir John Peyton, deceased the property therein mentioned, being sold for Tobacco & certain paper facilities at their nominal value as affixed by the Revenue Laws of 1782 & 1783. That he submitted this opinion, as also the opinion of several members of the assembly, and also of Counsel eminent for legal know- ledge concurring with him, as the Rule to be observed by the Commis- sioners under the said recited act, who themselves concurring in the same opinion, were on that account alone induced to undertake that disagreable Task, & to advertize the sale of the Estates of s'd John Peyton, dec'd, & others in this recited act mentioned, on the terms as advertised expressed in their printed advertisement to which he begs leave to refer to be sold his Excellency. He now being here on his way to the sale, understand- ing for the first time that doubts arise in the construction of the above- recited act, and it is questioned whether Tobacco at any price, or whether any paper facilities can be received in discharge of the Bonds at any other rates than at the Specie value. He is humbly of opinion that it is his duty to submit theso doubts to his Excellency and the privy Coun- cil, & to request that they advise the Commissioners on that subject, that in case a mistake shall have arisen, the purchasers who may be induced to attend the proposed sale, may be apprised of the mistake as early as may be. Estates of Sir Johns and others Executive requested to advise the commis- sioners March 2d He further begs leave to submit to his Excellency, that should it be the opinion of the Honl. Executive that the said recited act cannot be carried into Execution by the Commissioners according to the obvious intention of the Legislature, whether it will not be just that the sale of the slaves ought to be postponed till the meeting of the General Assem- bly, and that the Executive will be pleased to advise the Commissioners on that point. WILL. STEPTOE, TO LEIGHTON WOOD, ESQ., SOLICITOR-GENERAL. Sir, Hewick Having the misfortune to serve under the command of a certain near Urbana Geo. Bird, the Commander-in-chief of the Middlesex militia, I do hereby Asking enquiry into demand of you that you sett on foot an inquiry into the mode of appro- the official conduct of priating the Fines paid by the Delinquents in the Corps under him, and George Bird do pledge myself to produce proof of misconduct disgraceful to an offi- cer or an honest Man. I am, Sir, Your most ob't Serv't. CALENDAR OF STATE PAPERS. 267 : Sir, 1791. Act of Congress, passed Dec. 6th, 1790, and approved by Geo. Wash- ington, President of the United States, M'ch 2d, 1791, to explain and March 2d amend an Act entitled "An act making further provision for the pay- ment of the Debts of the United States." That the duty of one cent per pound laid by the act "making further provision for the payment of the debts of the United States" on barr and other lead, shall be deemed .and taken to extend to all manufactures wholly of lead, or in which lead is the chief article, which shall hereafter be brought into the Uni- ted States from any foreign port or place. Further, that the duty of seven and a half per cent. ad valorem laid by the act aforesaid on chintzes and coloured calicoes, shall be deemed and taken to extend to all printed, stained, and coloured goods, or manu- factures of cotton, or of linen, or of both, which shall hereafter be brought into the United States from any foreign port or place: Provided that nothing in this act shall in anywise affect the true construction or meaning of the act aforesaid in relation to any of the above-described articles brought into the United States before the passing of this act. L. WOOD, PUBLIC SOLICITOR, TO BEVERLEY RANDOLPH, Esq. I am respectfully, Sir, Your Excellency's most ob. & very h'ble Serv't. THOS. MADISON TO GOVERNOR RANDOLPH. Phila- delphia Act further office Cause of Having received an order of Council informing that the Executive Solicitor's intends enquiring to-day the cause of the Solicitor's absence & stato of his office, am induced to address your Excellency. In regard of the first, I can only assure you that had it been possible for me to have absence, &c. attended more punctual, I should have done it. But if, as I apprehend the case is now, that the Executive conceives the publick's Interest will no longer admit of my absence, I shall endeavor to give proper attend- ance, & if impracticable will inform your Excellency. In regard to the Enquiries in situation of the office, I submit all enquiries on that subject to the pleas- regard to the ure of the Board, & in such manner as they chuse. Sensible of the the pleasure indulgence already given, office left to of the Board providing for the pay- ment of the United States' debts March 4th March 4th Sir, I send by Mr. Harvie the Tob'o notes which you delivered me with Botetourt Directions either to sell, or to have transported to Richmond. It has been out of my Power to make any sale. Several who proposed & who Tobacco notes returned 268 CALENDAR OF STATE PAPERS: 1791. March 4th followed the Business from Lynch Burg of transporting Tob'o, have disappointed me. I refer you to Mr. Harvie who can inform you of the situation of the Tob'o. March 5th CHRISTO. GREENUP, COUNTY LIEUTENANT OF MERCER COUNTY, TO THE Governor. March 5th Sir, Phila- delphia Treasury Danville Inclosed is the Recommendation for several militia officers in Mercer Recom- County for whom you will please to have Commissions forwarded.` mendations Some of the Recommendations have been formerly sent, but no Com- officers in missions have arrived. You will also observe a Recommendation for a for militia Mercer Co. magistrate who has not been Commissioned. Attacks I can't close this Letter without observing that Recent accounts in- forms us that the Indians appear in high spirits from our unfortunate expedition last Fall, and menace us with attacks in the Spring, and I expected rather expect they will infest us with predatory excursions, but can't next spring think they will come in large bodies. No mischief of consequence has been done lately in our District. I have the honour to be, Sir, Your mo. ob. COL. WM. DAVIES TO BEVERLEY Randolph. Informing him that he has received a treasury receipt book & a few of Woodlief's collection of vouchers, thro' the hands of Mr. Pollock. receipt book, The number of vouchers from some of the counties in Woodlief's dis- &c., received through Mr. Pollock trict, he thinks far short of what might be obtained. He must content himself however with what he can get. An indisposition from which he has not yet recovered, prevented him from an early communication of the particular objects for inquiry in the Auditor's office. He has enclosed a list of some particulars, which will probably be sufficient to direct to the objects. To expedite the statement and forward the comparing of the various vouchers, returns, and accounts, he will be obliged to have occasional recourse to one or two assistants; but upon such reasonable terms as shall not cost the state more than was allowed Mr Burnley alone. 邊 ​AL Your Excellency's obed't Serv't. CALENDAR OF STATE PAPERS. 269 J. PENDLETON, AUDITOR, TO 4s. duty. Thornley & Boon, Inspectors, Gibson's warehouse, 51, 11, 5, Pankey & Fowler, Rockey Ridge, (( 6s. duty. 76, 6, 5. 143, 9, 10.* L. WOOD, PUBLIC SOLICITOR, TO THE GOVERNOR. balances due *The inspectors have told the Auditor they had vouchers (for the Inspector's drawbacks of this duty) sufficient to discharge that amount, but they've never been presented. & List balances due for the 4s. on Exports from Oct. '86, to Oct. '87, for the additional 6s. within the same periods. 1791. THOS. LEE, JR., TO GOVERNOR BEVERLEY RANDOLPH. Informing him that his letter of the 15th ulto. was received, but in- Dumfries disposition in his family had from that time to the present, prevented him from forwarding the Bond, which he now enclosed. He had, how- ever, made enquiry of the Executors of the late Mr. William Carr, in what state the Business appears on his books; who informed him that little of what has been collected remains with his Estate—he having annually paid the rents collected to Mr. Bullit, who was the Commis- Mr. Bullit sioner on the part of the State to sell the confiscated property in this County. His Excellency will therefore see the necessity in the power transmitted him, to include that of settling with both commissioner and collector as expressed in the Bond. He expects to receive the necessary powers and instructions. 1 March 7th Auditor's office Sir, Finding by the tenth article of the late arrangement, the Solicitor is directed to take charge of the paper money Books, and "to use all pos- sible expedition in adjusting every account contained therein;" I am at a Note: The Bond above referred to, is given by Thos. Lee, Jr., with The bond Bushood Washington & Rich'd Brent, his securities, in the sum of One Thousand pounds, current money of Virginia, for the faithful perform- ance of his duties as Collecter of the rents due, or which hereafter may become due & payable to the Commonwealth of Virginia, from the Tenants of the lands commonly called Bristoe Lands; and also to settle with, and receive from the Commissioners and collectors of the rents heretofore received by them from the Tenants of said Lands, the re- spective sums and Balances in their hands, &c. March 8th Bond forwarded March 8th Richmond Solicitor's office 270 CALENDAR OF STATE PAPERS. 1791. March 8th Paper money books Major Jas. Quarles' account The vouchers loss to know whether under this expression is meant that the Solicitor should audit and pass the accounts exhibited by Individuals in dischargo of what appears to their Debits on the Paper Money Books, therefore must entreat the favour of the Board of Council to say. However, to prevent delay, I have undertaken to do it in the case of Maj. James Quarles, who has presented the within account to shew the disburse- ments of £5,500, with which he is charged, altho' receipts are wanting for a number of articles; all such as appear I have marked & submit the consideration of this account to the Executive, praying their appro- bation should it be deemed proper to allow it on Maj. Quarles affi- davit, which is subjoined. March 8th Franklin Co. The vouchers that appear are for travelling expences for himself, Ser- vant & Horses; some express particularly the nature of the Expences, such as Breakfasts, Dinners, Lodgings, &c., whilst some others are Re- ceipts for Expences in gross. Maj. Quarles asserts he has Lieut. Thomas Quarles's Receipt for the £393, & Lieut. Pointers Receipt for the £342 advanced them severally. I must likewise represent to your Excellency & Council, that the Entries of these two Sums to be made on the Books appear to be attended with considerable difficulty. Lt. Quarles attending, said, he settled an ac- count in October, 1780, with the Auditors, and therein accounted for the £393; receiving at same time a warrant for the balance, amounting to £654, 18s, which warrant I find on the Auditor's Books, the 21st Octo., 1780, under the Army Head, so that these seems to be a great impropriety in charging it to him, altho' the account of particulars wherein the £393 ought to appear is not to be had. It may very probably be the same case with both Lieut. Pointer & Mr. White, whose last Receipt is pro- Requests duced. This obliges me to request the favour of the Executives direc- directions as tions in what manner to make these Entries so as to be clear & explicit these entries at a future day, & to prevent the trouble of any application hereafter to the Parties & yet to support the Commonwealth's claim against the Union for these expenditures,-many of which lie I fear, concealed from publick view from similar causes. to making With great respect, I am Sir, Your Excellency's Most obt. & very hbl. serv't. STE. SMITH, CLERK OF FRANKLIN COUNTY Court. At a Court held and Continued for Franklin county, on Tuesday, the 8th day of March, 1791. Present: Hugh James, John Smith, Swinfield Hill, Thomas Hale, John Hook, Benjamin Cook, Daniel Brown & David Barton, Gentlemen. CALENDAR OF STATE PAPERS, 271 HENRY TAZEWELL TO GOVERNOR RANDOLPH. Ordered, that it be certifyed to the Executive that Thomas Arthur, one of the Justices of the Peace for this County, from his conduct here- tofore, is by the Court thought to be of Infamous character. That he stands charged before the Hon'ble the District Court with Forgery, also for forging the name of George Turnbull, Gl., to a Certificate of the Archer one of the Proof of Notice to Thomas Levsey in a suit then Depending in the Dis- Justices trict Court; for which the Grand Jury of this County found a True Bill, from which charges this Court conceive his Character to be Infamous, and refuseth to set on the Bench of Justice with him; that he frequently Intersepts the Court in the Progress of the Business of the County by Takeing a seat on the Bench. A Copy of the order. I am, respectfully, 1791. March 8th Order of court Thomas Your ob't Serv't. Sir, Your letter of the 21st Feb'ry, covering an act of the last Session Kings Mills of Assembly concerning a new Edition of the Laws, &c., was this day New edition delivered me. I have no objection to undertake the execution of that of the laws, Act as far as I am able, but fear the necessity which will soon force me to begin my circuit, will put it out of my power to enter upon that em- ployment until the beginning of June. &c. March 8th THOMAS JEFFERSON, SECRETARY OF STATE. additional Certifies that the Act hereunto annexed, entitled "An act for raising Philadelphia and adding another Regiment to the military Establishment of the Act for United States, and for making farther Provision for the Protection of raising an the Frontiers," is truly Copied from the Records of the Department of regiment for State. In testimony whereof, he has caused his Seal of office to be the United States hereto affixed this Tenth Day of March, One thousand seven hundred and ninety-one. The Act above referred to was passed Dec. 6th, 1790, and approved by George Washington, President of the United States, March 3d, 1791, Providing for the raising of the above-mentioned Regiment, and the means of paying the same, &c., &c. March 10th 3 272 CALENDAR OF STATE PAPERS. 1791. March 10th Prince William Bristoe's lands Wm. Carr, and Mr. Chapman to do the business Upon the institution of the Suit by Mr. Graham and others against the Commonwealth for Bristoe's Lands in this County, the late Col. Foushee Tibbs and myself were authorized by the Assembly to receive the rents arising from the Lands. Col. Tibbs, from his time of life, de- clining to act personally, and my other business not permiting me, we appointed the late Mr. William Carr and his partner, Mr. Chapman, of Dumfries, to do the business. We were load to this measure by their punctuality and attention to business, but more especially as they were the then Agents of Mr. Bristoc. Tebbs and Chapman shortly died, and I continued the business in the hands of Carr untill his unexpected death which happened last fall. IIis Exocutors, from a circumstance that sel- dom happens (his too great wealth), were prevented from qualifying to his will untill our last court; and I have since applyed to them, and Rent roll they have promised in a few days to deliver me the Rent-roll and his account respecting this transaction. I shall then proceed to have the arrears (where they are not paid without) distrained for, so as to be able to get the business closed against the ensuing fall, when it will be my wish to decline the Agency. My being better informed of the trans- actions respecting this business than perhaps any other, is my motive for proposing to Continue in office for the present year. I wish the advice of your Excellency and the Hon'ble The Privy Council, respecting the Tobacco in the hands of Carr's Executors. They- are willing to pay it up, but I have declined, and shall decline receiving it untill I am honoured with your answer. It has been received at dif- ferent periods, and generally when of a much greater value than it is at present. May it not be just that his Estate should account for it at the value when received, and perhaps with Interost. I should have advised you earlier of the state of this business, had I not waited for the account and been detered in some measure by a long and painful state of bad health. Tobacco in Carr's executor's hands Sir, Secretary's office " Sir, CUTH'T BULLITT TO BEVERLEY RANDOLPH, Esq. March 10th SAM. A. OTIS, SECRETARY OF THE SENATE OF THE UNITED STATES, TO THE GOVERNor. I have the honour to be, with very great esteem, Your Excellency's most ob't, humble Servant. Agreeably to the order of Congress, I do myself the honor to enclose your Excellency a copy of the Journals of Senate of the United States, at their third session. I shall thank you for a line acknowledging the receipt of the copy. I have the honor to be, Your most obed't, Hum. Serv't. • CALENDAR OF STATE PAPERS. 273 Sir, JNO. HARVIE AND W. FOUSHEE, DIRECTORS OF THE JAMES RIVER COM- 1791. PANY, TO THE GOVERNor. Directors The Directors of the James River Company having been Instructed March 11th to make the Purchase of negroes for the use of the Company, & wishing Richmond to comply therewith at a sale shortly to be made in the County of Glos- ter, we have to request of your Excellency & the Hon'ble Board for such supply of money, or Tobacco at the present value, as will enable them to make the purchase, & whatever money or Tobacco is furnished, will be as so much in part of the requisitions & demands which the Directors have against the Public. instructed to purchase negroes for the Company We shall be much obliged by an answer as soon as Convenient, and are Your Excell'ey's most ob't Serv'ts. JOHN BROCKENBROUGH TO BEVERLEY RANDOLPH AND THE HONORABLE March 11th COUNCIL OF STATE. Richard Lewman for 1789 duties, on July 24th, Such bonds illegal after July 21st, 1789 Petition showing that he became security on the 24th day of July, Security for 1789, to one Richard Lewman, for duties on rum imported on that day from Antigua in the Brigantino Jooma. That it appears by the judg- ment of the General Court, that bonds taken for duties after the 21st day of July, 1789, were illegal & not recoverable by Law; that it appears by an order of Council, dated July 6th, 1790, that all such bonds were directed to be delivered to the obligors. Now that those have been benefitted who have not paid up, their petitioner thinks it just & reasonable that he who showed an early disposition to pay, & actually did pay into the Solicitor's office the sum of £340, 6, 3d, Mili- tary Certificates, and also the sum of £143, 12s, 6d. specie, should have the sums refunded, the more especially, as their Petitioner was only security to the bonds, and the said Lowman went off without paying him, and has never returned, so that their Petitioner will lose that money out of his own pocket, unless relieved by the Executive. Trusting to the justice, equity, & legality of his case, he doubts not but his Excellency & the Honorable Council will attend to the prayer of the Petition, and direct the money to be refunded agreeable to the vouchers. 35 274 CALENDAR OF STATE PAPERS. 1791. Bonds for duties March 14th Being requested by John Brockenbrough, Esq., to state to your Richmond Excellency the nature of his demand against the Commonwealth, I John Brock- take the liberty of doing it, & suggesting a Mode of retribution freed enbrough's from the inconveniencos of delay, expence, & trouble incident to judi- found dicial proceedings, which he wishes if possible, to avoid. I find that Richard Lowman with Mr. Brockenbrough as security, entered into two Bonds, the 24th of July, 1789, for Duties on Goods entered with tho Naval officer of Rappahannock, one for £320, payable in Certificatos, & the other for £165, p'blo in specie, or warrants admissible by Law. It appears by Mr. Muse, the Naval officer's indorsement on the last mon- tioned Bond, that payment was made him the next day of £21, 7s, 6d., which left a balance of £143, 12s, 6d. Those Bonds were then delivered to me according to Law, & notices of Motions for Judgments were sent Lewman not Mr. Brockenbrough, (Lewman the principal not being found), previous to the last June General Court, in consequence of which he attended & paid £340, 6s, 3d. for principal & Interest of the Certificate Bond, & £113, 15s, 5d. in part of the Balance due on the specie Bond, & on promising shortly to pay the Balance, the Motions were dismissed. The Court on a Motion for that purpose, gave opinion that Bonds taken after the cossation of Duty Laws, were null & not domandable, fixing the period to the 21st July, 1789, & in consequence, Bonds of that & subsequent Datos not paid, were delivered up, the Balance of this specie Bond has also been relinquished. But Mr. Brockenbrough wishes to be refunded the amounts actually paid, without the necessity of a Motion in Court against the Commonwealth, which I presume & hope that your Excellency & Hon'ble Board of Council will likewise think may be af fected with propriety. I will beg leave to refor your Excellency to the Laws on Drawbacks, passed in 1786 & 1787, where persons having paid Dutios & afterward proving their rights to Drawback according to form, were entitled to receive the amount from the Treasury-Acts of 1786, chap. 40, sect. 30, & 1787, Chap. 4, Sect. 60. It appears also (& I think it's similar to the present case), from the 29th Chap. of 1787 & 2d Sect., that where Duties have been paid on Brandies, then remitted in certain cases & proof thereof made to the Governor, the Importer was by the Governor's directions, to receive from the Auditor, Warrants on the Treasury-An instance of which I think once occurred with this alter- ation-the Importer claimed retribution, but the Executive thought proper not to direct the Auditor to issue warrants, but ordered one to allow the amount as payment against a Bond of the Importer's then in the office, altho' for Duties on a different importation. Mr. Brocken- brough in this case requires not payment from the Treasury, but only that the Auditor be directed to give him Warrants for the £340, 6s, 3d, Laws on Drawbacks L. WOOD, PUBLIC SOLICITOR, TO GOVERNOR BEVERLEY RANDOLPH. Sir, T << CALENDAR OF STATE PAPERS. · 275 C 1791. & the £135, 28, 11d. actually paid the Naval officer & Solicitor, they hav- ing paid the same into the Treasury. Should your Excellency in con- March 14th sequence of this Statement, think proper to direct the issuing these Warrants, I am, to request the favour of having the order sent to me, & am with all respect, Sir, Your Excellency's most obt. & very h'ble Servt. L. WOOD, PUBLIC SOLICITOR, TO GOVERNOR BEVERLEY RANDOLPH. March 15th Sir, office Brocken- Being not at the office on acco. of the weather yesterday, when I Richmond wrote your Excellency respecting Mr. Brockenbrough, I find on further Solicitor's enquiry I mistated a part of the case, in saying that Notices of Motions for Judgments were sent, which induced payment, &c. previous to the brough's June General Court, whereas Notices were not sent, but Mr. Brocken- brough of his own accord attended & made payment. Whether this circumstance makes in favour of the claim or not I submit to your Excellency & Board. case Misstate- ment in above letter corrected Being respectfully Sir, Your Excellency's most obt. h'ble Serv't. S. SHEPARD, CLERK IN SOLICITOR'S OFFICE, TO THE GOVernor. Sir, With great respect, I am Sir, Hearing from Mr. Blair that it was necessary for your Excellency & Richmond Honorable Board to be informed what kind of facilities Doctr. Brock- Solicitor's office enbrough paid on his Bond, am to inform your Excellency that the par- tial payment made on the Specic Bond was in Intrust Warrants or war- rants of Equal value; the Certificate Bond was discharged in Military Certificates, which Certificates were actually paid into the Treasury. One circumstance attending the payment of this Bond recent in my mind is, that Doet'r Brockenbrough tendered a Certificate large up- wards of four hundred pounds, which I endeavored to get exchanged for smaller, by the Agent of the Sinking Fund, and offered at the same time to leave the amount of the Bond in his hands, provided he gave me Military Certificates sufficient to satisfy Doct'r Brockenbrough for the overplus, which he could not do, but obtained the favour from some other person. Your Excellency's obt. & very h'ble Serv't. March 18th Brocken- bonds 276 CALENDAR OF STATE PAPERS. 1791. March 23d Sir, March 21st It is inconvenient for some of the members to attend, who were for- Richmond merly appointed by the Hono'be, the Executive, to examine and burn Treasury the Paper money of the State, received into this office. I therefore beg leave to recommend the appointment of Mr. Edmund Lacy in addition, who can expedite the business very much, and of course save expence. March 27th J. AMBLER, TREASURER, TO THE GOVERNOR. Norfolk Mr. Mc- Combe's letter I am, with great respect, Your Excellency's most obt. Serv't. Sir, Richmond I have received from Mr. Blair, a list of such documents as Colo. State's claim Davis thinks necessary towards the adjustment of the claims of this against the State against the Union, and intend waiting upon you next Friday for any instructions that you may be pleased to communicate on this business. WM. J. VEREKER TO THE GOVERNOR. I have the honor to be, Sir, Y'r most obt. & very hbl. Serv't. THOMAS NEWTON, Jr., to GOVERNOR BEVERLEY RANDOLPH. Enclosing a Copy of a letter rec'd by him from Mr. McCombe, dated March 15, 1791, New York,-in regard to the purchase of the Stone belonging to the State, & now lying buried in the sand on Cape Henry. Mr. McCombe states that as he was on the Cape but a short time, and not being acquainted with the situation of the ground on which the Stone were laid, finds himself at a loss what proposal to make for it. If there is no more sand on them than he was informed, they are well worth taking up, but the expence is uncertain, as it will depend on trial. He will attempt to get them up, and pay such a price for them as he can afford agreeable to their quality & quantity, deducting the expense of raising them. He says there are some persons here (New York), who will furnish him stone at a much lower rate than those were that are on the Cape, but if he can get them up at a price that will answer, he would prefer it, as it will facilitate the business. He will be glad to hear from him as soon as Convenient on the subject. Mr. Newton remarks that he thinks Mr. McCombe's offer very fair & would be glad to know His Excellency's sentiments. He thinks the experiment of a trial worth CALENDAR OF STATE PAPERS. 277 # 1791. offer fair and the making. If successful, the State will be the gainer, if not, the expense will not be great. Mr. McCombe will be the proper person to make it, Thinks the as he will be much interested in succeeding, & will be at much less ex- pense than any other person, having his own labourers on the spot. He thinks that if he would give 20s. per Ton for it after it is raised, it would be a good price. He has no idea of what it would cost to raise it, but if it were his, he should be for making a trial, & if he found it did not answer, would not go to any great expense, as the matter could soon be ascertained. experiment worth trying It is possible, that on trial, if Mr. McCombe should see a chance of getting the stone easier than is imagined, he might make an offer for the whole, as this is the only chance of making something out of it, he would not stand if he would give or even of the cost of it, for now or never is the time to dispose of it. Should His Excellency be of his opinion, it will be necessary that he should have the power to agree cost of it with McCombe in relation to getting the stone up, or disposing of it at any price he may be able to obtain from him, as he expects he will be for proceeding rapidly with the building. even one quarter the WILL. RUSSELL, CLERK, TO The Governor. Certifying that a meeting of the Directors of the Hospital for the maintenance and cure of Persons of unsound minds, held at said Hospi- tal M'ch 28, 1791. Ordered, that the Treasurer of this Hospital be directed to apply to the Executive for a Warrant from the Auditor of Public accounts upon the Treasurer of this State, for the sum of One Hundred pounds for the payment of the necessary out-houses to be built at the Hospital; and also for a warrant the further sum of three hundred pounds for the use of the said Hospital. Sir, J. AMBLER, TREASURER, TO the Governor. There is a protested Bill of Exchange drawn by William Black, the 30th of November, 1773, for £150 sterling, and endorsed by the late Colo. Tayfoe, remaining in the Treasury. This Protest appears to have been left by Ro. C. Nicholas, Esq., the former Treasurer, on the final adjustment of his accounts with the Public, as public property. The Hono'b'e The Executive will be pleased to direct the steps necessary to be taken for securing the money to the Commonwealth. I am, with great respect, Your Excellency's most obd. S'rv't. This the only chance to get some- thing for it Would take one half, or March 28th Directors of Lunatic Hospital £100 for Apply for out houses to be built March 28th Treasury Protected bill of exchange 278 CALENDAR OF STATE PAPERS. 1791. Recom- mended him that the fine be remitted March 28th Danville The Representation of the Judges of the Supreme Court for the Dis trict of Kentucky, on behalf Mr. John Rodgers, one of the Commis- Petition in sioners of the Tax for the County of Mercer, Respectfully sheweth: That information having been given to the Receiver for the District that the said John Rogers has neglected to take in the Taxable property of several persons in that part of the County allotted to him—On which Fined £50 the Receiver moved against him for the Fine of Fifty pounds imposed behalf of John Rodgers by Law. The fact being proved, the Fine was accordingly assess'd in the Supreme Court. We beg leave to Represent that it did not appear on the Trial, that the said John Rodgers had wilfully incurred the Penalty aforesaid; That the Persons omitted in his list had but lately removed to the Country. From the upright and good character which the said Rogers has always supported, and his declaring solemnly that he did not know of the Per- sons so omitted, we are induced to recommend him to the Executive that (if not inconsistant with established rules) the said Fine may be remitted. Franklin County Copy of charges against Col. Thomas Arthur JUDGES GEORGE MUTER, SAM'L MCDOWELL, AND CALEB WALLACE TO BEVERLEY RANDOLPH, ESQ. March 29th PETER SAUNDERS, COUNTY LIEUTENANT OF FRANKLIN COUNTY, TO Gov- ERNOR RANDOLPH. Arthur arrested The charges This Petition is accompanied by one from Jno. Rogers himself, setting forth the same facts as stated in the above, and praying that the Fine be remitted. Sir, I have Inclosed your Excellency a Coppy of charges against Colo. Thomas Arthur, for which I have arrested him, and for Further Pro- ceedings I shall Leave to your Determination. You will find also In- closed the Record of the Court of this County against him. I shall be glad to know your Determination as to the Rest. A letter lodged with Mr. James Freeland, merchant in Manchester will be forwarded by him to your Huml. Serv't. February 25th, 1791. Sir, You will take Notice that you are arrested as an officer of the militia of this County for the following charges, viz: For forging the hand John Gipson to a warrant to Turn Coonroad Harterider Out of Possession in January, 1788. Also for Being Concerned and assisting in forging an order from Sarah Grayham to the Sheriff of Franklin CALENDAR OF STATE PAPERS. 279 1791. County to pay the same to George Asberry; also for forging the hand of Thomas Prunty to Certain Receipts for the payment of a certain sum March 29th of money to the amount £3, 0s, 74d, dated the 20th of January, 1788; also for forging the hand of George Turnbull, Esquire; also for suppos'd Forgery in making Oath before the Judges of the District Court at New London in April, 1790, that Isaac Rentfre was not able to attend as a witness in your suit & Thomas Linsay's; also for a charge alledged against you for Bearing false witness in the suit of Mrs. Guthery against Hugh Innes; also a charge of Drawing a larger sum of money out of the Treasury when in the Assembly than you was entitled to, and for lying and not conducting yourself as an officer of the Militia. Given under my hand the Day & year above written. PETER SAUNDERS, County Lieutenant. GEORGE MUTER AND OTHERS TO THE Governor. George Muter, Sam'l McDowell, and Caleb Wallace, Judges of the Su- preme court for the District of Kentuckey, to his excellency the Gov- ernor and the Hon. Privy Councill of the Commonwealth of Virginia: 2ndly. That he is very young, and possess'd of a degree of under- standing but little remov'd from Idiotism. We have the honour to be, Your Excellency's and Honours' most obedient, humble Servants. March 29th Andrew We, the Judges of the Supreme Court for the District of Kentuckey, Beg leave to recommend Andrew Beagle, convicted of Horse-stealing at Beagle con- the March Term, 1791, for Mercy for the reasons following: of horse stealing Recom- 1st. That we were not well satisfied that the testimony produced against him was sufficient. mended to Mercy Almost an idiot Danville JOHN WOODSON TO BEVERLEY RANDOLPH, Esq. Stating that Mr. Ben. Hatcher showed him at Cumberland Court on yesterday, a letter received from Manchester, informing him that since his departure from Manchester his boy, Bob, had been discovered to be Boy Bob a partner in a felonious act in Manchester, and from the circumstances, discovered in a felony as they appear to him, he must be by the Law Condemned. He takes the liberty at this early day to recommend the boy as an object of mercy, should the case be as above supposed. He is young, and has heretofore conducted himself as a trusty and valuable servant. These circum- stances, added to the probability that some older villian has lead him March 30th Mr. Ben. Hatcher 280 CALENDAR OF STATE PAPERS. 1791. into this act, induces him to mention the subject to his Excellency. No March 30th information as to the boy's character warrants his interference, 'tis his Known him knowledge of him from his birth. His master, Mr. Hatcher, will doubt- from his birth less make every proper effort in his power with the Executive to pro- cure the redemption of this creature's life, should he be condemned by the County Court-which he hopes he may obtain, should the reasons appear to his Excellency as he trusts they will. March 30th ROBERT GRAHAM, CLERK OF PRINCE WILLIAM COUNTY COURT TO GOVERNOR. Justices of the Certifying, that the Court at its September, 1790 term, ordered Philip Fitzhugh, John Brown, Scott Blackburn, William Downman, Charles mended Tyler, John Brown, (B. R.) and Charles Ewell, Gentlemen, be recom- recom- mended to the Executive, as proper persons to execute the duties of Jus- tices of the peace in this County. Enclosing also a list of Justices in the Commission of the Peace, for the County of Prince William, & cer- tifying the Days Each were present in Court from August 1789 to Justices of August 1790 inclusive, viz: Howson Hooe, declines acting; Wm. Tebbs, the county 15 days, declines acting; Thos. Lawson, declines acting; Wm. Carr, 12 mission, &c. days, Dead; John Hooc, 3 d'ys, declines acting; Lynaugh Helm, Dead; now in com- Wm. Alexander, declines acting; Jessee Ewell, 24 days; Richard Gra- ham, 18 d'ys; James Ewoll, d'ys; Jno. McMillian, declines acting; John Tyler, Dead; Alexander Brown, 14 d'ys, Sheriff; Burr Harrison, Dead; Arthur Loe, lives out of the County; George Graham, 11 d's; Alexander Lithgow, 40 d's; Matthew Harrison, 22 d'ys; Wm. Linton, Inspector; Robert Brown, Removed to Fauquier; Val. Peyton, Dead; Bernard Hooe, 20 d'ys; John Pope, 4 p'ys; Wm. Edw'd Wiatt, Removed; Thomas Montgomerie, Alexander Henderson & Rev. Spence Grayson, declino qualifying; Rev. Thos. Harrison, 10 d'ys; Henry Washington, 3 d'ys; Robert H. Hooe, 1 day; W. Y. Tebbs, 37 d'ys; John Macrae, 5 d'ys; Thos. Lee, Sen'r, 38 d'ys. March 31st THE W. & S. WILLINK TO THE GOVERNOR. Sir, Amsterdam We beg leave to address your Excellency under the auspices of Mr. Mr. Short, Short, charge des affaires of the United States in Paris, after a conver- charge de affairs in sation, we got with him on the subject of loans, we desired him to inform Paris, from us whether the State of Virginia could not employ money to advantage, so as to our knowledge Some objects in other States wanted to be carried on, to which purpose it was in deliberation of borrowing a sum of money U. States CALENDAR OF STATE PAPERS. 281 1791. pr. Ct. pr. Ann'm. The charges of borrowing want to be deducted The charges here. He encouraged us to write to your Excellency and to inform him of the probability of succeeding, in case your State might wish to bor- March 31st row for some purpose or other; we take in consequence the liberty to offer our sentiments on this subject, that the increasing credit for America, gives the highest degree of probability for succeeding in it, provided the Terms are acceptable, that on the security of the money lenders, some objects, be it duties or taxes, are engaged sufficient to pay the Interest and discharge the principal in Time, which periods may be stipu- lated according to the desire and conveniency of your State, the Interest at 5 from the borrowed sum; viz: the premiums to y'r undertakers, the brockeridges, bonds, Seals or Stamps, Notary, Commission to the house, will amount together once at 1 pr. Ct., and 1 pr. C. Comm'n of the Interest, which is yearly paid, and Comm'n of the Capital when dis- charged. In case of any application, your Excellency will be conscious that a power of Attorney in due form and Legalised by our Consul, is required. Tho' your State may not be disposed to borrow, we flatter ourselves your Excellency will give a favorable interpretation to our intentions, and be convinced of our desire of becoming usefull to your State, in serving their Interest with equal zeal & attention, as we alwais performed for Congress, our House being sufficiently known in Phil., New York, Baltimore. We beg leave to refer you to the first characters for any information on our, acct. We have the honor to be with respectfull esteem, Sir, Your Excellency's most obedient and Humble Servants. Their references letter The following enclosed letter from Mr. W. Short to his Excellency the Mr. Short's Governor of Virginia, referred to in the foregoing communication ist dated Amsterdam, March 8th, 1791, and is in these words, to-wit: Sir, The house of Mers. W. & S. Willink of this city wish to be made House of W. known to you on account of some proposals they intend submitting for & S. Willink obtaining money on loan here for the State of Virginia. I am not acquainted with the particulars of their proposals, nor can I conjecture whether the State of Virginia will be disposed to make use of this resource. The object of my letter, therefore, is merely to inform you that the house which will make you these proposals is considered among the richest & best accredited in this city, & is one of the two which is employed here for making the loans of the United States. Whether the system which this house may propose be adopted or not, it cannot but be agreable to receive this proof of the favorable light in which the Considered among the richest and best accredited in this city 36 282 CALENDAR OF STATE PAPERS, 1791. credit of the State is viewed in a place of which the opinion is considered March 31st as the best thermometer of the credit of all foreign countries. In addition to this motive for troubling you with the present letter, I feel another also in the opportunity it affords me of renewing assurances of those sentiments of attachment & respect, with which I have the honor to be, Sir, Your most obedient & most humble Servant. April 2d BRIGADIER-GENERAL CHS. SCOTT TO THE GOVERNOR OF VIRGINIA. Sir, Lexington I have the Honour to inform your Excellency that about the 22d Boat going of March last, a Boat going up the Ohio, about forty or fifty miles above up the Ohio Limestone, with fourteen Men on board and twenty-one on shore as an Escort, was attacked, and eighteen of the party on shore killed dead on the spot, and one killed and two wounded in the Boat. Four days after, two large Boats coming down were taken at the same place. The In- dians after plundering the first Boat, which was manned entirely by Frenchmen, and killing the owner, put the rest of the Hands on board their own boat, took away the oars and set her adrift. She arrived at Limestone and was there taken up. Every person on board the other Boat was put to death. Several other Boats have been attacked, & by Bravery of their gallant defence have escaped. The bravery of a Capt. Hubbles, Capt. Hub- late of the Continental army, exceeds anything we have heard of lately. bles The boat on which Capt. Hubbles was, carried but nine Men; of these, three were killed and four desperately wounded, and four out of six of The attack the Horses on board were killed. The Indians made their attack on board two large canoes carrying twenty-five men each, with such ardour and pressed so briskly that the few remaining hands were reduced to the necessity of defending themselves by throwing billets of wood. The Indians were finally repulsed, but immediately took another Boat with- out the fire of a single gun. About the same time, they drove in the Guards at two posts which I established on Licking—the one near the Great sign of Iron Works, the other at the forks of Licking. The day before yester- Indians on day two Men were killed and several horses taken near Frankfort, and all the frontiers great sign of Indians is seen on every part of the Frontiers. · The depredations committed on the River Ohio, together with appli- cations from the County Lieutenants of Mason and Bourbon, has in- duced me to call into service five hundred and fitty rank and file; three hundred and thirty of whom are yet out, the remainder have returned— some after three, the others after four days' service, without meeting with any Indians. Col. Orr, who commands the party out, will I hope be more success- ful. His rout is up the River Ohio. In the course of this Business, I CALENDAR OF STATE PAPERS. 283 I have the Honour to be, Sir, Brown have been obliged to employ Expresses, but to no considerable amount; a particular account of which I will transmit as soon as Col. Orr returns, which I hope and trust will meet with your Excellency's approbation. The Hon'ble John Brown arrived here the day before yesterday from Hon. John Philadelphia with orders from the Secretary of War to discontinue our temporary defence under the state Government-Congress having taken effectual measures for that purpose. The federal regulations will take place on the first day of May next, when the tour of the Guards at present out, will expire. I will take the earliest opportunity to trans- mit accurately the amount of the whole expence; by which time I shall be able to make you an exact return of the Strength of the militia of Strength of the district. the Militia Your obedient and humble Servant. THOS. NEWTON, JR., TO GOVERNOR Randolph. Stating that his favor, with the act of Council of the 30th ult., was received, and he had written to Mr. McCombe on the subject, with the request for a speedy answer. He also requested him to make an offer for the stone as it lies. He could have wished the Executive had allowed a small sum to make the experiment of getting out the stone, as it would have encouraged the undertaking. Sir, In obedience to an Order of the House of Representatives of the United States, I transmit two copies of the Journal of the proceedings of that House, during the late Session of Congress, for the use of the Supreme Executive and Legislature of the State over which you pre- side, And have the honor to be with due consideration, Sir, Your most obedient and very humble Servant. 1791. April 2d JOHN BECKLEY, CLERK OF THE HOUSE OF REPRESENTATIVES, TO BEV- April 4th ERLEY RANDOLPH. CUTH BULLIT TO GOVERNOR BEVERLEY RANDOlph. April 3d Norfolk Mr. McCombe Requested to make an offer for the stone Philadel- phia Transmit- copies of the two Journal of the House April 4th Sir, I have been honoured with yours of the 19th March last, which I Vermont should have answered at an earlier period, but for the following circum- stance. The Resolution of the Assembly, (a copy of which I enclose), 284 CALENDAR OF STATE PAPERS. 1791. April 4th Papers in Col. Tebbs possession at his death Commis- sions April 4th Council office with some other important papers respecting the business, were in the possession of Col. Tebbs at his death, and I spoke to his son (the Exr.,) to deliver them to me. This was neglected, and when I called on him for them was surprised to receive for answer that he had delivered the whole to Capt. Carr, whose daughter he has married since the death of his father. I have obtained a copy of Carr's acct. in part, viz: from 1785, inclusive, & am sorry to find it very defectivo, & am promised a copy of the preceding acct., from Chapman's Ex'rs, who are the same persons, shortly both of which I shall deliver to Mr. Lee, whenever he will do me the favour to call on me, with all the information I am mas- ter of, and with full power from me, (should it be thought necessary), to proceed in the business. Unable from the situation of my health to act myself, my friend, the Hon'l Mr. Pope, had undertaken to do it for me, but as his motive was friendship only, he is happy in being dis- charged, and I have taken the earliest opportunity of informing Mr. Lee that he is to proceed under your Excellency's commission. I must refer your Excellency to my former letter respecting what ought to be received, & whether with, or without Interest; and further, I wish to be informed what commission should be allowed Mr. Carr's representatives, he having charged 10 p'r Ct. Thursday, 21st of June, 1781. Resolutions Resolved, the Commissionors of Escheated property in the county of of Assembly Prince William, be directed, not to confirm the Sales of the Estate of passed in Robert Bristow's estate 1781 Robert Bristow, a British subject, unless they are bound by Law to do it. Resolved, that the said Commissioners do in the meantime receivo the profits of the said Estate, and account annually therefor, at the Treasury office; the acc'ts of the said profits being first audited. June 22d, 1781, Agr'd to by the Senate. Teste: Sir, I am, with very great respect, Your Excellency's most obedient Humble Servant. In the House of Delegates, JOHN BECKLEY, C. H. D. W. DREW, C. S. SAM'L COLEMAN TO THE GOVERNOR. Upon application of Major Langham, I have as usual examined the accounts from the Post at the Point of Fork for the last quarter ending 3 CALENDAR OF STATE PAPERS. 285 .. 1791. March 31st, 1791, and find the amount of the Pay-roll for the Guard to be seventy-two pounds, twelve shillings, & the balance due the Superin- April 4th tendent and artificers to be £235, 17s, 6d. There appears from an account of cash received and expended, to be Quarterly a balance in the hands of Major Langham of twelve pounds, seven shil- lings & four pence for Contingent Expences at the Post, which, he says, will be necessary to discharge some claims against him for building an office. accounts from Point of Fork examined I have the honour to be, Sir, Your ob. Servant. WM. CLAIBORNE TO BEVERLEY RANDOLPH, Esq. Sir, Trusting that the enclosed memorandum of a settlement made with Mr. H. Randolph, then one of the auditors of public accounts, will, in the opinion of the Hon'ble the Executive, supersede the necessity of applying elsewhere for a liquidation of my accounts against the State, have taken the Liberty to transmit it to you. I Your Excellency will be pleased to lay it before the Board so soon as they meet. I was lucky enough to find it a few days ago in serching over some papers which had been laid aside several years. I have the honor to be, with highest respect, Sir, Y'r mo. ob't, h'ble Serv't. April 5th dum of a Memoran- settlement made with Mr. H. Ran- dolph, then one of the auditors Certificate from A. Blair, C. C., Nov. 8th, 1790.—I do certify that Mr. Wm. Clai- William Claiborne was appointed in the year 1780, by the Executive, to borne appointed in purchase horses for the Continental Army, & to grant certificates to the 1780, to pur- Owners for ye value of the said horses. This is from memory-the chase horses, books of that date being destroyed by the Enemy. &c. ´Alex'r Moseley, clerk of Norfolk Court, Norfolk Borough: April 7th Norfolk At a quarterly session Court held the 28 day of March, 1791— On the application of Sarah Hutchings, relict of Colo. Joseph Hutchings, borough dec'd, a pensioner of this State, It appears to the Satisfaction of the Court that she is Intitled to the Pension of Seventy-five Pounds agre- Hutchings able to a List of Pensioners transmitted by the Executive. It is ordered Sarah Pension the same be Certyfyed to the Auditor of Public Accounts. 1 286 CALENDAR OF STATE PAPERS. 1791. April 7th April 8th Thinks his accounts were taken from the Auditor by the Assem- bly, and referred to the Execu- tive Sir, Pittsburgh Packet received Please Issue Warrant for the above Seventy-five Pounds to Edward Valentine, and oblige, Yours, &c., 7 Ap❜l, 1791. To John Pendleton, Esq. Teste: SARAH HUTCHINGS. JOSEPH HUTCHINGS. Sir, WILLIAM CLAIBORNE TO GOVERNOR RANDOLPH. Sir, I am of opinion that the assembly took my acc'ts against the pub- lic out of the hands of the Auditor, & refer'd it to your hon'ble Board for adjustment; therefore, they come now properly before your Honors, & not before the Auditor. If the Auditor can shew a receipt in full let him do so, & the Business is at an End. I hope & trust, & I do not Doubt, but your that Justice which I am entitled to, & which has been so long withheld from me. for amount of the Due-Bill, But if this cannot be done, Hon'ble Board will do me I Conceive that your Honors have a right to call upon the Auditor for any papers he may have respecting my claim; But I conceive also that his opinion aught not, & indeed I am certain it will not, Govern your Hon'ble Board in the settlement, as I do not expect from prejudices that his opinion will be favourable to me. I have the honor to be, April 9th JAMES BRISON, PROTHONOTARY OF ALLEGHANY County, Pennsylvania, To Tios. MIFFLIN, ESQ., GOVERNOR OF PENNSYLVANIA. Y'r Exc'l'y's mo. ob't & h'ble Se'v't. This morning I had the honor of receiving the Packet, containing your Excellency's Letter and Proclamation for apprehending the Per. petrators of the murder of the Indians at Beaver Creek. I inclose the depositions of William Wilson and John Hillman, who were at the Block House, on the East side of Beaver creck at the time the murder was committed on the opposite side. Mr. Wilson has been a settlor CALENDAR OF STATE PAPERS. 287 1791. here for many years and is a man of property and very good Character. of Wm. Wilson and John Hill- Hillman is a decent sober young man, the son of a Farmer, who lived Depositions near the Block House, on the Bank of Ohio. The committing of this murder, with other alarms, which were very frequent on the frontiers, occasioned such confusion as prevented every person, I believe, from thinking of having Inquisitions taken on the Dead Bodies of the Indians. man County The Coroner of our County has removed and settled in the County of Fayette. I shall, however, send him the Packet addressed to him which Coroner has came by express. removed I have the honor to be, Your Excellency's most obedient, humble Servant. JOSEPH HORNSBY TO BEVERLEY RANDOLPh, Esq. Dear Sir, Your favor of the 6th Ins't came safe to hand; Mr. Thomas Dawson will deliver this to your Excellency, & to him I wish the two hundred pounds to be delivered for the use of the Lunatic Hospital in part of the order of the Court of Directors for the said Hospital which I had the honor to deliver you the 2d Inst. • I have the honor to be, with much Esteem, Your Excellency's most obed. Serv't. DAVID ROSS TO THE Governor. April 10th Williams- burg Mr. Thos. Dawson to receive the £200 for Lunatic Hospital April 10th Sir, From a report which has prevailed for some time past from our Richmond Western Country, I feel myself so far interested as to take the liberty of addressing you in behalf of myself and some other Gent. concerned in the purchase of Lands from the State of Georgia, in the Western Territory of that Government. 'Tis said that a number of Arm'd men are collecting in Kentucky, to take possession of the Bent of the Ten- assie, and another comp'y to take possession of the Lands near the mouth of the Yazoos River. I know nothing of these operation but from common Report, and am ignorant of their extent, and I should not presume to trouble you, but that I am told a Mr. O. Fallon, a prin- Mr. O'Falon cipal actor, calls himself the Agent of the three Companys who pur- chas'd Land from Georgia; this induces me to enter into a short expla- nation of these Companies. Lands purchased from the state of Georgia 288 CALENDAR OF STATE PAPERS. 1791. Some time ago a purchase was made from the State of Georgia by April 10th private adventurers. They compose three companies designated by the names of the Virginia, So. Carolina and Tenassie Companies; of the former I am a member and perfectly acquainted with every movement, and 'tis upon that Ground that I lay before you the following Facts. which I pledge myself to support. That the three Companies purchased Lands from the State of Georgia, and each purchase delineated by certain boundarys. That the Com- panies are distinct & independent, the one of the other. I know noth- ing of the operations of the other two Companies, but am certain the Virginia Company have neither directly or indirectly, either concern or even knowledge of the settlements making or intended to be made just now in that Country but from common report. The Virginia Company ginia com- in every step they have taken or mean to take, are govern'd by Law The Vir- law and good order pany to be governed by and good order. So far from their attempting to settle the Lands pur- chased, they have expressly forbidden any person settling within their bounds, as 'twas, and is their fixt plan and determination-first to complete their payments to the State for the Lands purch'd; next to quiet the Indian claims agreeably to Law, and to have the permission and approbation of the General Governm't for the settlement, and that the first Emigrants shall be accompanied with civil & Militia officers Legally appointed. This letter written to prevent any misrepre- sentations April 12th I have presumed to write this letter to prevent any misrepresenta- tions which might arise from distant and imperfect communications, and I will not trouble you further than to assert that every member of the Virginia Company in the pursuit of what they may deem for the inter- est of themselves and their posterity, will never loose sight of the pros- perity of their Country, and will not be induced by any temptation to adopt measures which may be derogatory to the dignity of the Govern- ment, or tend to disturb the publick's tranquility. I have the honor to be, with great respect, Your most humble Servant. WM. J. VEREKER TO THE GOVERNor. Sir, Samuel Agreeable to your direction yesterday, Capt. Denholm and myself Tinsley, and have engaged Mr. Samuel Tinsley & Mr. Turner Richardson to assist us Richardson in the present business, who have entered thereon, & we expect to get engaged to another to-morrow, which we hope will be sufficient to complete the assist them in the present business business by the time required, & beg leave to mention that no exertions on our part shall be wanting. I have the honor to be, Sir, with Respect, Your mo. ob't & very H'ble Serv't. CALENDAR OF STATE PAPERS. 289 JOHN S. WILLS TO BEVERLEY RANDOLPH, ESQ. Informing him that he had this moment received his letter of the 6th April 15th instant, respecting his undertaking the collection of the taxes for the county of Isle of Wight for 1788 & 1789. Since he had the pleasure of seeing his Excellency, at which time he had some thoughts of under- taking the collection of those taxes, his business has taken such a turn' as to prevent him from undertaking it. He returns thanks to his Excellency and the Honorable Council for the offer of the appointment. He will however endeavor to procure a proper person to undertake this business, and get him recommended by some person, the Court. Will endeavor to procure &c. · It will be necessary for him to be informed what time will be given to the person undertaking the collection, as it will depend much on the time to be given, to induce a person to undertake it. Sir, 1791. Isle of Wight Collecting of taxes for 1788-9 DAVID SHEPARD, LIEUTENANT OF OHIO COUNTY, TO THOS. MIFFLIN, April 21st Governor OF PENNSYLVANIA. of Having the honor of acting as County Lieutenant of the County of Ohio Co. Ohio, in the Commonwealth of Virginia, I feel myself anxious that the County should have (as it covers a large part of the frontiers) every protection that Possibly can be given by government, and from the Hostile dispositions that we have discovered among the Indians, during Hostile dis- the last winter and spring, we are all sensible that our lives and Prop- the Indians erty have been, and are at present in the greatest danger, I bave there- fore agreeably to the authority vested in me, at different times, called out a number of men to act as scouts and Rangers on the western side of the Ohio River, in order that we might have a knowledge of the Indians coming upon us, and have an opportunity of making the small defence that our situation would admit of. About the first of March last, a number of Indians came down to the Banks of the Ohio River, in the Western Territory, and killed in the most cruel manner four of Four citizens our Citizens, and took two prisoners, and a short time before having killed about taken a great number of skins and furs from a party of our men, who went a few miles over the Ohio, only with a view of hunting. 1st March last I thought at that time it was necessary to send out a small party in order to prevent those Indians from doing any further mischiof; this party I sent out discovered the track of the Indians but a small distance from where they committed the murder; their Track they pursued to, and in the pursued into Pennsyl- State of Pennsylvania, in Allegany County, on Beaver Creek, where vania Indians 37 290 CALENDAR OF STATE PAPERS. 1791. April 21st false coming up with those Savages, they Conceived themselves Justified in destroying the Perpetrators of so atrocious an act, which our own safety rendered necessary, and neither Justice nor humanity forbid them doing. I trouble you, Sir, at present with this information, because I have dis- covered by your Proclamation, that you have offered one thousand Dol- lars to any person who will apprehend and Prosecute to conviction, the persons who killed those Savages on Beaver Creek. I have the great- est respect for the State of Pennsylvania, and Lament extremely that their Chief Magistrate has not that true information of the Situation of this Western Country, which is necessary to render us protection from the Savages, and to establish harmony and peace between the Citizens Information of the two States. The information given in this instance, which by certainly your proclamation you say is authentic, is most certainly false, so far as our people attacked them, as you say, without provocation, or that the Indians were Peaceable or friendly. I appeal to any of the Citizens of your State, in the neighboring Counties, except a few individuals who live in or near to Pittsburgh, who, have I been informed, given you this false information, their names are well known, for they have rendered Trading and themselves infamous in the opinion of every man who is a friend to his furnishing Country, by carrying on a mean and pitifull trade with those Savages, in times of which has furnished them with the means of Committing every act of danger violence and brutality on the People of this County, which their savage dispositions could invent. And this I know is not only the case at pres- ent, but those persons I allude to have always, and particularly in times of Danger, supplied the Indians with arms and ammunition, and have by every other means that has been in their power, encouraged them to commit every act of violence upon us. If your Legislature has never interfered in this business, it is time they should, if they have any regard for the People in the frontier Counties in this State. them arms I have further to observe, that as some of the men in this expedition live in your State, and who went out voluntarily to our assistance, that´ I am sorry to find that you have no other means for apprehending them but those you have made use of. As for the Citizens of this State that were in the expedition, I have to inform you that the County considers they are under the greatest obligations to them for their services on that particular occasion. We have enjoyed more Peace since those Indians were killed, than we have had before for a Long time. But, Sir, if any of our Citizens have committed an act of violence in your State, I should conceive it much more consistent with your honor and dignity to apply to our Executive, who is authorized if his discretion so directs him to Hopes he deliver them up to you. The result of this, I hope, will be that you will will destroy, destroy the effect of your Proclamation by a further proclamation, and the effects of the procla- suffer not those men who deserve the highest credit for their conduct, · mation by to be stigmatized by having a reward offered for their persons. another I am, Sir, with the greatest respect, Your most obedient, humble Servant. CALENDAR OF STATE PAPERS. 291 Attest: CERTIFICATE OF THE GOVErnor of PenNSYLVANIA. The Commonwealth of Pennsylvania, To all whom these presents shall come greeting: Know ye, that Alexander James Dallas, whose name is subscribed to the Certificates accompanying the annexed several affidavits of William Wilson, and John Hillman, is Secretary of the Commonwealth of Penn- sylvania, and that John Johnston, before whom the said affidavits were taken, and whose name in testimony whereof is subscribed to the original affidavits, of which the papers annexed are copies, was at the time of taking thereof, one of the Justices of the Peace, in and for the County of Alleghany, in the said Commonwealth, duly appointed and commissioned. And full faith and credit is, as ought to be given to them, the said Alexander James Dallas, and John Johnston accordingly. Given under my hand and the seal of the State, at Philadelphia, this twenty-second day April, in the year of our Lord, one thousand, seven hundred and ninety-one, and of the Commonwealth, the fifteenth. THO. MIFFLIN. (Seal.) A. J. Dallas, Secretary. Alleghany County—ss: Personally came before me, John Johnston, Esquire, one of the Justices of the Peace in, and for the County of Alleghany, the subscriber William Wilson, who being duly sworn according to Law, Deposeth and saith: That on the ninth day of March last, the deponent being at a Block House on the East side of Big Beaver Creek, saw twenty-five armed white men on the other side of the Creek, opposite to the Block House, attack twelve Delaware Indians, of whom seven were men, three women, and two boys, the Greater part of them much intoxicated with Liquor; three of the men and one woman were killed; that after the firing had ceased, and they had stripped and plundered the dead Indians and took what property they could find, consisting of nine Horses, three Rifle Guns, the Goods which they had purchased with twenty seven Bucks and some other articles, the Deponent called over the Creek to them, and asked who commanded the party. They answered that each man was his own commander; that they then desired him to come over the Creek and speak with them, which he declined, not thinking it safe, but asked if Captain Samuel Brady was one of the party. Some one answered that he was not, and still insisted that the deponent should go over to them. He then told them if Captain Sam- uel Brady was there, he would go down to the Creek and speak with 1791. April 22d Philadel- phia April 22d Affidavit of Wm. Will- son Respecting the murder of Indians on Big Beaver creek 292 CALENDAR OF STATE PAPERS. 1791. April 22 him, but with no one else of their party. and desired the deponent to come to the Captain Brady then spoke, Creek side and he should not be hurt. The deponent then went to the Bank of the Creek, and two Capt. Samuel men advanced to the opposite Shore, whom he found to be Captain Brady and Capt. Fran- Samuel Brady, and Captain Francis McGuire, both inhabitants of Ohio cis McGuire County, in the State of Virginia, near the mouth of Buffaloe Creek. 备 ​They asked the deponent who these Indians were. He told them that they were Delawares. McGuire said that they had followed the tracts of Indians from opposite the mouth of Buffaloe Creek, (where they had killed a family,) to the waters of Musking-run, but that the heavy rains had defaced their Tracts so that they could not follow them with cer- tainty, but that they seemed to turn or Lean towards that place. The deponent told them that it was not Possible that they could be the same Indians that they had followed; that he knew those Indians well, and was convinced that they were innocent; that they had hunted at the Salt Lakes the last summer and fall; that two of them belonged to the Moravian Society, that the deponent had employed them to go to the Salt Lakes on Beaver Creek with their own horses and some of his, to bring in a quantity of Peltry belonging to a Delaware man called John Letart and some of his relations, which service they had faithfully per- formed, and returned to that place, the Block house, a few days before, where they had remained, untill the time the murder was committed. Captain McGuire said that if these people had not done any mischief to them, yet others had, and they were all alike. He desired the deponent to leave that place immediately, which he did as soon as possible he could. The deponent asked Captain McGuire how many of the Indians were killed. He said four or five. Late of the same evening, one of the Indian Boys came Back to the place where the other Indians were killed, and called to the deponent to bring him over the Creek, but the deponent having sent his canoes away, was obliged to leave the Boy there untill the next morning, when he brought him over and conveyed him safely to Pittsburgh, where he now remains. That the next day after the murder was done, the deponent with some hired men, went over the Creek from the Block House, collected the Dead Bodies of the Indians, brought them over and buried them near the Block House. WM. WILSON. Sworn and subscribed the 9th day of April, 1791, before me. JOHN JOHNSTON. I hereby certify that the foregoing is a true, perfect, and entire affi- davit of William Wilson, filed with the Records of the Executive Department of the Commonwealth of Pennsylvania. A. J. DALLAS, Secretary. Secretary's office, Philadelphia, 22d April, 1791. CALENDAR OF STATE PAPERS. 293 Alleghany County, ss.: Personally came before me, John Johnston, Esquire, one of the Jus- tices of the Peace in and for the County of Alleghany, the subscriber John Hillman, who being sworn according to law, deposeth and saith that on the ninth day of March last, he was in a Block House near the falls of Big Beaver Creek, where Mr. William Wilson of Pittsburg was then living, that he saw a party of white men about twenty-five in num- ber, five or twelve Indians, who had come to that place to trade; that as soon as the firing commenced, Mr. Wilson the deponent, and three other men who were present, rushed instantly to the door, Mr. Wilson called aloud and begged them not to kill those Indians, that they were civil, innocent people, to which he did not hear any reply, nor could not have heard if reply had been made at that time. The firing of Guns, the shouts of the white men, and the screams of the Indians, was all that could be heard. The deponent heard the Indians frequently cry out that they were Delawares. Four of the Indians were killed in his sight. He also saw the white men strip and plunder the dead Indians, and take away nine horses, with sundry other effects belonging to those Indians. That some time after the men had left the ground, Mr. Wil- son the deponent, and the other men that were at the Block House, went over the Creek to examine how many of the Indians were killed. That they found four killed, three men and one woman, and that he saw the trail of Blood in two places, where they had made up the hill from the Creek, which he supposes was made by wounded Indians. his JOHN > HILLMAN. mark Sworn and subscribed the 9th day of April, 1791, before me. Secretary's office, Philad'a, 22d April, 1791. JOHN JOHNSTON. I hereby certify that the foregoing is a true, perfect, and entire copy of the affidavit of John Hillman filed among the Records of the Executive Department of the Commonwealth of Pennsylvania. A. J. DALLAS, Secretary. JOHN NICHOLAS, CLERK OF THE DISTRICT COURT OF COUNTY, TO THE EXECUTIVE. 1791. April 22d Affidavit of John Hillman ALBEMARLE April 22d Certifying that Thomas Thomas, otherwise called John Fowler, late Charlottes- of the County of Louisa, labourer, who stands convicted of horse- ville 294 CALENDAR OF STATE PAPERS. 1791. stealing, was again led to the bar in the custody of the keeper of the April 22d jail of this district, and being asked if any thing he had or knew to say why the court should not proceed to judgment and execution against him, he said that he had nothing but what he had before said. It is therefore ordered by the court that he be hanged by the neck untill he be dead, on friday, the 27th day of May next, between the hours of ten in the forenoon and two in the afternoon in the same day, at the usual place of Execution. Thomas Thomas, otherwise called John Fowler April 23d Phila- delphia Sir, I have the honor to transmit to your Excellency, authenticated Copies of the depositions of William Wilson and John Hillman; from Copies of which it appears that on the ninth of March last, several Indians wpost.p of peacably assembled for the purposes of trade on Beaver Creek, within and John the territory of Pennsylvania, were attacked by a Body of armed men, Wm. Wilson Hillman and four of their number inhumanly murdered. Samuel Brady and Francis McGuire are the only offenders on this occasion, whose names have yet been discovered; and as they have fled from Justice into the State of Virginia, I am under the necessity of requesting that agreeably to the provision of the second section of the fourth Article of the Con- stitution of the United States, your Excellency will be pleased to direct the proper measures to be pursued for apprehending and delivering up the two above-named persons to be removed to this State having juris- diction of their crime. To be removed to this state, having juris- diction of their crime April 26th Essex Co. THOMAS MIFFLIN, GOVERNOR OF PENNSYLVANIA, TO BEVERLEY RAN- DOLPH, GOVERNOR OF VIRGINIA. Besides the obligations of justice and humanity, which demand the immediate punishment of so wanton an outrage, you will perceive, Sir, the policy of preventing, by a seasonable example, the reinforcements of the hostile tribes from those Indians who have hitherto evinced a friendly disposition towards the Union; I am confident, therefore, that your Excellency will chearfully concur with me in accomplishing the object of this application. I have the honor to be, Sir, Your Excellency's most obedient and most Humble Servant. JOHN UPSHAW TO BEVERLEY RANDOLPH, Esq. Worthy Sir, It's with much concern I am constrain'd to address your Excellency in relation to the taxes due from this County. I have lately : CALENDAR OF STATE PAPERS. 295 been Sheriff, & am apprehensive my Deputys have not paid up quite so punctually as they ought to have done; tho' all the Importunities I was capable off have been used by me to stimulate them in the Collection of the taxes for 1788 & 1789, which were the years they were to Collect for me. They have promis'd to pay up now the balance of arrearages due for these years, & if so, hope your Excellency will be of opinion the damages ought to be remitted, as it hath been very difficult to make Collections for these years in our County; & if contrary to my expecta- tion, there's any balance left unpaid, I will use my utmost exertions to have it paid up immediately. I am aged, & at present a little infirm— otherwise, should have waited on the Honorable the Executive per- sonally. I am, with the greatest deference, Your Excellency's most obedient Serv't. WILL. STEPTOE to Governor BeverlEY RANDOLPH. JOHN DIXON, JR., TO BEVERLEY RANDOLPH, Esq. April 27th Stating that by the death of his father, John Dixon, Publick Printer, Richmond his family are left in indigent circumstances, and look to him for support; _Death of which support he will be unable to render, unless His Excellency in his Jno. Dixon, great goodness would be pleased to appoint him his successor in the office of Publick Printer. He is well acquainted with the business, and assures his Excellency that the utmost of his abilities will be exerted to render general satisfaction. Public Printer He fears that his father's creditors will seize what little they have, unless he can give them assurances that their demands will be speedily complied with. By granting his request the distress of a family will be greatly alleviated. Who has the Honor to be, 1791. April 26th Deputies have not paid up punctually They have promised to pay arrear- ages Your Excellency's most obe. Serv't. Sir, Hewick When your Excellency's letter of the 25th ulto. arrived, I was from home, and did not return till the 17th Inst. I immediately gave Mr. Middlesex Bird notice, and took the Depositions, which I have the Honour to Depositions inclose. I do not doubt but that the proof of his misconduct might be much more ample, but supposing the inclosed sufficient on which to found an enquiry, have deferred it till the day of tryal. I beg leave to observe that the sooner your Excellency can begin an enquiry, the more agreeable it will be to those under Mr. Bird's Command, and to no one more than to him. April 27th 296 CALENDAR OF STATE PAPERS. 1791. April 27th Wm. Steptoe Geo. Bird Present-Wm. Steptoe, Esq., & Geo. Bird, Esq. This day attended Wm. Steptoe, Esq., who charged Gco. Bird, Esq., County Lieutenant, before the Governour & Council of malfeazance in office, & of having received fines from sundry persons not attending at muster according to Law, through the hands of Capt. William George, formerly sub-sheriff of this County. Deposition Wm. George Capt. William George being first sworn on the holy Evangelist of Capt. deposeth & saith that on the 13th of March, 1790, be paid Col. George Bird as County Lieutenant, thirteen pounds, three shillings & six pence, for muster fines that came to his hands as sub-sheriff. Deposition of Major Thomas Healy April 27th Ralph Wormeley, one of the magistrates of Middlesex County: Virginia, Middlesex County, 21 April, 1791. Hill served in the late war in 15th Virginia regiment with fidelity Major Thos. Healy being first sworn on the holy evangelist, who acted also as sub-sheriff in this County, deposeth & saith that he paid to Col. Geo. Bird, as County Lieutenant, on the 27th of Octo., 1788, as by Col. Bird's receipt is also proved, the sum of twelve pounds, seven shillings, for muster fines levied by the Court-Martial holden Octo., 1784, agrecable to an order of the last Court-Martial. And further the Deponents say not. Given under my band. Sir, JAMES JONES TO THE GOVERNOR. Richmond under horse-theft Caleb Hill is at present under sentence of death in the district Caleb Hill prison of Richmond for a supposed horse-theft. I have used the word sentence of supposed, because I do not think the unhappy man really guilty of the death for crime for which he stands condemned. The evidence against him supposed amounted to no more than this: That he accompanied a white man, who was in the possession of the stolen horse, and was made an instrument in the sale of him. The white man, upon the detection of the theft, made his escape and left Hill, who is a coloured man, to abide the con- sequences of the transaction. The man to whom the horse was sold appeared before the Court under so suspicious an aspect, that he was denied a certificate as being the apprehender of the thief. Hill served the United States in the late war for the term of three years in the 15th Virginia Regiment, with fidelity & credit; and against him, no charge save this unfortunate affair, could be imputed. With this candid repre- sentation of his case, I leave him to the Justice & mercy of his Country. I have the honor to be, with due respect, Your most ob't serv't. CALENDAR OF STATE PAPERS. 297 GEO. BIRD, COUNTY LIEUTENANT OF MIDDLESEX COUNTY, To Governor BEVERLEY RANDOLPH. Sir, I have made a General return of the Militia of the County of Mid- dlesex, for the year 1789, & also an acc't of all monies that have come into my hands by virtue of my office since my last return; this return was made out in the month of January, in order to be forwarded to your Excellency, but having heard that there was a law passed at the last Session of the Assembly, repealing the Militia Law, & that the Monies imposed for fines were to be returned to the people who had paid them, I thought it unnecessary to make a return until I had seen the Law. I have the honour to be, Your Excellency's most obed't & most hum. Servt. ཇཱ་--- P. S. This money was paid into my hands the 13th March & 28th June, 1790. The following papers accompany the foregoing letter of Geo. Bird: MILITIA RETURNS BY COUNTY LIEUTENANT. Militia 1790 A General Return of Ye Militia of the County of Middlesex, for the year 1790, together with ye Arms, &c. 1 Regiment, 1 County Lieut., 1 return for Colonel, 1 Lt. Colonel, 1 Major, 4 Captains, 4 Lieutenants, 4 Ensigns, 12 Sergeants, 1 Drumer, 1 Fifer, 266 effective men, rank & file, 6 removed, 4 exempted, 7 added, 90 Good guns 40 bad guns, 4 good bayonets, 5 bad Swords, 9 good swords, 1 good spoontoon. I do hereby certify that all the Monies that have come into my hands Certificate of by virtue of my office, since my last return amount only to Fifteen Col. George Bird, County pounds, Eleven Shillings. Lieutenant Given under my hand the 4th day of January, 1791. GE. BIRD, Co'ty Lt. Middlesex. G. BIRD, Co'ty Lt. Midd'x. Middlesex, Ss: Sworn to before me, one of the Magistrates for the County aforesaid, this 2d Dec'r, 1788. . 1791. G. BIRD. I do hereby certify, that all the money that have come into my hands Certificate of arising from Muster Fines in my County, is Thirteen pounds, to this Col. George Bird, County Date, Dec'r 1st, 1788.. Lieutenant OVERTON COSBY. April 29th General return of Middlesex County Militia for 1789 made April 29th 38 298 CALENDAR OF STATE PAPERS. 1791. L. WOOD, PUBLIC SOLICITOR, TO THE GOVERNOR. May 2d Hanover Stating that having had a regimen, Exercise & bathing prescribed for him for the spring, & which he could not effect in Richmond, has Regimen, occasioned his late absence. It having proved beneficial, he is advised &c., prescribed to continue it for a week longer. He has also been called upon to attend Hanover Court as an evidence, which sits on Thursday next, & may be kept for the six succeeding days. Under the circumstances, he hopes that his Excellency & Council will not deem a a further indulgence for that time improper, as he will be in Richmond so soon as discharged from Court. He begs leave to assure his Excellency & Board that he Grateful shall ever retain a grateful sense of past indulgences, & is with every sense of past sentiment of respect, indulgences Their most obed't & very h'ble servt. May 3d GEO. HANCOCK TO THE CLERK OF THE EXECUTIVE COUNCIL. Sir, Mr. May, late clerk court to be prosecuted I am directed as Attorney for the County of Botetourt, to prose- of Botetourt cute our Late clerk Mr. May for his deficiency in recording the minutes, Deeds, &c., and am not able to do it without the bond which our clerk informs me, is transmitted to the Executive, and no record made of such a bond here. Will you oblige me so far as transmitt a copy of the bond, so that the orders of the Court can be complied with in instituting the suit previous to the removal of Mr. May, which will be in three or four weeks. I am y'r ob't Serv't. May 3d PROCLAMATION OF GOVERNOR BEVERLEY RANDOLPH. Richmond tion Indians Declaring that whereas it has been represented to him by his Excel- Proclama lency, Thomas Mifflin, Esq., Governor of the State of Pennsylvania, supported by the Deposition of William Wilson & Jno. Hillman, that on the 9th of March last, Samuel Brady and Francis McGuire, with a body Delaware of armed men, made an attack on a party of Delaware Indians in friend- ship and amity with the United States of America, and that four of them were murdered on Beaver Creek, in the said State of Pennsylvania, by the said Samuel Brady and Francis McGuire and their adherents, who have since fled from justice into this State; and whereas a demand has been made by the Executive authority of the said State of Penn- sylvania for the delivery of the persons accused in conformity with the CALENDAR OF STATE PAPERS. 299 second Section of the fourth Article of the Constitution of the United States: I have thought fit, by and with the advice and consent of the Council of State, to issue this, my Proclamation, hereby offering a Reward of six hundred Dollars to any person or persons who shall The reward deliver the said Samuel Brady and Francis McGuire, or three hundred Dollars for either of them, to the Executive authority of the said State of Pennsylvania, in the City of Philadelphia, in order to their being tried agreeably to the laws of the State having cognizance of their offence. And I do moreover require all Justices of the Peace, Sheriffs and Constables within their respective Departments, and exhort the good. people of the Commonwealth to use their best endeavours to appre- hend and bring to Justice, the Perpetrators of a crime so dangerous to the Peace and good order of the United States. Given under my hand, &c., 3d day of May, 1791. A Copy from the Record. 1 Attest: BEVERLEY RANDOLPH. SAM. COLEMAN, A. C. C. COLONEL WM. DAVIES TO BEVERLEY RANDOLPH, Esq. I have frequent applications similar to Major Nelson's. It will be impossible to attend to any of them before July, when the time of pre- paring & presenting claims will be over. 1791. May 3d May 5th Sir, Philadel- phia Woodfin's papers I have received by Doctor Griffin the papers entrusted to him. Woodfin's are of little value; Denholm's are hurt by affidavits endorsed that the State has never paid for the supplies mentioned in them; An- derson's are explanatory of his business, tho' not very important; Thrus- Denholm's ton's & Snicker's account for large & valuable advances from the Treasury. papers his pay When I suggested to your Excellency some time since, my hope the Respecting Executive would see cause to alter their resolution respecting my pay, I acted from reflection. I knew the severity of my duties did fully en- title me to what I requested; and altho' I am not in the habit of boast- ing, I now fear not to assert, that from my personal agency & practical acquaintance with the men & things & laws during the war, to which the accounts & vouchers of Virginia relate, and from the experience and knowledge of the subject which a laborious attention to it for up- wards of two years & a half has bestowed; I fear not to assert that I am better possessed of the extent and merits of this business than any other man whatever. Yet such has been the singularity of my condi- tion, that the more able I became to be serviceable to the State, the less useful I was rendered to myself; and the more I deserved Emolu- ment, the less was I to receive for reward. Permit me to enclose the 300 CALENDAR OF STATE PAPERS. 1 1791. May 5th Act of Assembly of act of the Assembly of Pennsylvania, respecting their Commissioner. The contrast cannot but be impressive; nor will I detain your atten- tion longer than to observe, that while in point of Situation, assistance Pennsyl- and compensation, their Commissioner has every advantage, yet with vania, res- respect to real difficulty & consequent labor, there is no comparison be- pecting their tween us. As I have it in design not to trouble your Excellency on commis- sioners this subject again, having formed my own opinion of what justice to myself & family will make it proper for me to do, I shall think myself happy should I be fortunate enough to obtain the concurrence of the Executive, at least from the end of the present quarter. May 6th Ohio Co. He has ordered out the militia I have the honor to be, Sir, Your Excellency's most obedient and humble Servant. P. S. Since writing the above, I have received a letter makeing it a matter of great importance to be at Petersburg by the 20th of this. month. The consequence, as Mr. Baker can well avouch, is of greater moment than every thing I shall receive from the State, yet at such a crisis is my public business at this time, that I am compelled to hazard considerable loss to myself to secure the State from any. As I do not mean to expose myself to difficulty and perhaps distress, by an atten- tion to an undertaking, which does not at present afford me a moderate compensation for the peculiarity of its nature, situation and trouble. I hope your Excellency's goodness will pardon me for detaining you so long on a subject at best unpleasant to both. Sir, COL. DAVID SHEPPARD, LIEUTENANT OF OHIO COUNTY, TO GENERAL KNOX, SECRETARY OF WAR. Agreeable to the orders to me directed, I have ordered out the Militia, agreeable to the enclosed return, but since that, we find that the number is not sufficient to the pressent emergency. Within a few days past, the Indians hath made a general attack on us, and hath kill'd several of our Scouts. Ensign Enix was kill'd, Ensign Briggs wounded, and several privates. They have made several attempts on Block-Houses, but have fail'd. They have killed several of the Inhabi- tants, the number not yet known. We have alarms every day. The Capt. Kirk- Bearer, Capt. Kirkwood, will be able to give you a perfect account, as wood will he was in one of the actions, to whom I refer you for a true State of give a per- fect account affairs. We are without ammunition, and but few arms. Every day shews new scenes of cruelty, and the appearance of a general invasion. I am with due respect, &c. CALENDAR OF STATE PAPERS. 301 COL. DAVID Sheppard, LIEUTENANT OF OHIO COUNTY, TO Governor BEVERLEY RANDOLPH. 1791. Sir, on the frontier The continued Depredations of Savages upon our frontier Renders May 9th our situation truly alarming, and of consequence increases, when we Ohio Co. find that a proclamation has been Ishered by Governor Mifflin, of Penn- The con- tinued sylvania, offering a reward of one thousand Dollars to any person who depredations will apprehend & Convict some men or any of them who kill'd some of Savages Indians at the mouth of Big beaver Creek, Allegany County, west of Ohio (calling it an atrocious act), and as some of that party was under my comand from this County, I Conceive it my duty to Inform your Excellency of the Facts which Induced our men to attack the enemy in their quarters, (to-wit): About the 16th of February last, a party of Indians in a most Cruel manner Murdered five persons near the Mouth of Buffalo Creek; plundered the house of all that was valuable, and made off; upon this I thought it expedient to send out 4 spies for our better security, who soon Returned with Intelligence of the enemy's approach; upon this, a party from the different Companies Assembled at the Mouth of Buffalo, where they were joined by a party from Wash- ington County; crossed the Ohio, and under the Directions of the Spys, went to meet the enemy, who, finding they were discovered, made off, and kept along the poor hills, that it was with Difficulty our men Could follow their tracks, unto a place known by the Name of Big buffalo Licks, weere a Council was held by the officers, in which Capt'n Brady (being one of the Spys), well knowing the Subtilty of indians, informed them that they would only Retire to some distance until the Return of our men, or Probably go to their usual place of Rendevous, at the mouth of Big beaver; a Block house Erected & occupyd by a Wilson & Co., who was Notoriously known to supply them with ammunition & arms of all kinds ever since war had been Declared against them; under these Considerations, 26 Volentiers from the party proceeded on the trail, and soon found by their movements, that the Block-house was their Intention, upon which they Crossed the hills and fell upon the trail about 3 miles Distant from that place; they sent forward Spies, who Returned with Intelligence of the enemys being encamped oppo- site the Block-house; upon this, our men left their horses with two men to guard them, divided their small Company, Attacked & defeated the en- emy, killed four men and one woman, which was not known until too Late; these are the true State of Facts as they were Communicated to me by persons which were present and whose Veracity I Can Confide in; for further particulars shall Refere you to the Bearer, who is ac- quainted with every Circumstance of what then happened, Likewise those which have Lately taken place. During Last week 29 persons have been most Cruelly Murdered; Yet upon the authenticity of Wilson K His Excel- lency informed of the facts which induced our men to attack 302 CALENDAR OF STATE PAPERS. 1791. May 9th May 9th JOHN HARVIE AND WM. FOUSHEE, DIRECTORS OF THE JAMES RIVER COMPANY, TO GOVERNOR RANDOLPH. May 10th & Co., does Governor Mifflin send out his Proclamation; his government it appears, is not Confined to Pennsylvania, and his Information from those who have feasted upon the Blood of our fellow Citizens by sup- plying the Savage with every Instrument Necessary for our Destruc- tion; if we have erred in being avenged of our Enemy, we are willing to be Corrected by your Excellency, upon whom, we, at this dangerous period, rely in hopes you will, if possible, make provisions to releve us from distress. I Remain Your Excellency's most obedient Humble Servant. Richmond amount in specie Stating that the James River Company has a pressing necessity for Pressing the amount of Forty pounds, six shillings, and ten pence, in specie, necessity for which they will thank the Hon'l Board for a warrant to that amount, on a small account of the Requisition now existing on the state shares in said Co. They also inform him that the 200 hhds. of Tobacco formerly directed to be advanced on account of Delinquent shares by the Treas- Sale shortly urer, at a price to be agreed on, has only been partially made. Find- to be made ing now that a sale of all the public Tobacco is shortly to take place, and of all public tobacco thinking that a selection for the above balance in such Tobaccos as they Richmond might choose, would derange the sale, they will be obliged for an order on the Treasury, granting the said Company a credit at the sale for the full balance of the said 200 hhds. of Tobacco. JNO. BROWN, CLERK OF THE GENERAL COURT, TO THE GOVERNOR. Enclosing his account for arranging The various suits, including the British suits pending in that court, taxing costs, making the necessary copies, &c., for 1790, & 1791, & asking that his fees be allowed. May 10th J. AMBLER, TREASURER, TO THE GOVERNOR. Treasury Enclosing a list of the Crop and Transfer Tobacco now in the Treas- Tobacco in ury, received in part of for arrears of Taxes. He desires to be directed the treasury by the Hon'l Board, when and in what manner it shall be dispose of, whether at public or private sale; whether any thing but Cash shall be received in Payment, and whether the notes for the Transfer Tobacco shall be disposed of, or the produce collected from the several inspectors. CALENDAR OF STATE PAPERS. 303 Public Tobacco in the Treasury this 10th day of May, 1791: 80 Hhds. at the Upper Warehouses on Potowmack River. (( t (C 79 (( (C Lower ditto. 109 (( 22 10 80 148 37. 36 601 (( ،، (( (( (6 (( at the Upper Warehouses on Rappahannock. (( Lower ditto. ،، (C (( Lower warehouses on York River. at the Upper Warehouses on James River. .. Lower ditto. (( at the Warehouses on Appomattox. at the Warehouses on the Eastern shore. ANTHONY SINGLETON, AGENT OF THE SINKING Fund. To whole am't of specie drawn from the Treasury for the purposes of the Sinking Fund, Amount rec'd in Tobacco from the Treasury for same purposes, at rates which it sold, The nett sum made to the State by the Sinking fund, appears to be, By final Settlements on hand, Military Certificates on hand, Funded paper money certif's on hand, ! Loan office certif's on hand, Crop Tobacco do., Specie for ballance do., tr - - G £65, 8s, 9d. 134,478, 3 3 802, 16 6 8,445, 15.01 326, 8 0 1, 3 32 £13,575, 13s, 11d. 4,449, 11 73 126,094, 9 31 £144,119, 14s, 10d. £144,119, 14s, 10d. May 11th-Jas. McClurg & J. Dawson certify that they have exam- ined the books of the agent, the papers & Specie in his hands, & certify the above statement true. J. AMBLER, TREASURER, TO THE GOVERNOR. 1791. May 10th Tobacco in the Treasury May 11th State of the Sinking Fund May 12th Sir, Mr. Prosser is desirous of purchasing about 80 hhds. of Tobacco Treasury for the purpose of paying for a delinquent Sheriff for whom he is Surety. 7. 304 CALENDAR OF STATE PAPERS. 1791. If Mr. Prosser is disposed to allow for the publie Tobacco such price as May 12th is satisfactory to the Executive, I presume the Hon'l Board will incline Mr. Prosser to accommodate Mr. Prosser. desires to purchase 80 hogsheads tobacco to pay for a delinquent sheriff Public printer I am, with great respect, May 17th Advertise- ment Your Excellency's most obed. Serv't. Sir, May 12th Enclosed papers fur- nishing An irksome Confinement from which I ardently wish to be freed, and the known desire of the Honorable Executive to decide on my evidence claim according to justice, will apologise for troubling your Excellency Auditor's with the inclosed papers. They furnish Evidence that the recollection recollection of the Auditor is not Allways Correct; and by obviating his last objec- is not always tion, may lead to a determination in my favor. that the correct WM. CLAIBORNE TO GOVERNOR RANDOLPH. I have the honor to be, with the greatest respect, May 14th CHARLES HAY, CLERK OF THE HOUSE OF DELEGATES. Extract from Enclosing the following extract from an act passed in May, 1780, act concern- «For giving further power to the Governor & Council, & for other ing a print- ing press Your Ex'y's mo. ob. Serv't. purposes." And whereas a good printing press, well provided with proper mater- ials, is indispensibly necessary for the right information of the people. Be it enacted that the Governor with the advice of the Council, be authorized, and he is hereby authorized and empowered to engage with & employ at the public expence & for the public service, a good and able printer, of firm and known attachment to the United States, who may be willing to bring a good & well provided press into this Common- wealth. HENRY ANDERSON TO THE GOVERNOR. Informing him that he sends enclosed to him, an advertisement dated April 28th, 1791, and signed by Jno. Townes, per D. Sh'ff, stating that There will be offered for sale at Colo. Edw'd Booker's, agreeable to Law, on Wednesday, the 26th day of May next, and continued from day to day, until the whole are sold, or as much as will satisfy the claims here- } CALENDAR OF STATE PAPERS. 305 1791. after mentioned. Thirty-one negroes, the property of Henry Ander- son, Esq., taken to Satisfy sundry Executions, to-wit: Jacob William- May 17th son, Joshua Chaffin, ass'nee of Rawley Fossett, Ab. B. Venable, Wm. 31 negroes Ford, Dan'l McCallum & Wm. Tally. He informs His Excellency that these very negroes are Mortgaged for the payment of his securityship Said negroes already for a debt due from Christopher Hudson, the late Sheriff of Amelia mortgaged County to the Publick. He has thought it advisable to make his Excel- lency acquainted with thest facts. He has more than once set up a part of these slaves with the full intent of discharging this debt, but they being mortgaged, it was doubted whether he had the right to sell them. Right to sell doubted He requests his Excellency to take the necessary steps to stop the Sheriff, and signify his approbation of his selling them himself, in order that be may pay the Publick, (which is his real intent to do), without being subjected to any necessary expense, by a move or otherwise. He states that he wrote to his Excellency a few months ago in regard to the 2 acres sold to the County Court of Amelia, for a Court house. They are entered on record by his direction. The money coming from the sale of said land £3, 10s., to be paid by the sheriff towards the dis- charge of this debt. Sir, The Governor of Pennsylvania. A Copy from the Record, K SAM. COLEMAN, A. C. C. May 19th Embracing copies of two letters from Governor Randolph to the In Council Governor of Pennsylvania; one dated May 3d, and the other May 19th, 1791, and are in the following words, to-wit: In Council, May 3d, 1791. Immediately upon the receipt of your favour of the 23d ultimo, I issued a Proclamation, a copy of which is enclosed, offering a reward of three hundred Dollars each for apprehending and delivering up Brady and McGuire at the City of Philadelphia, at the same time commanding the proper officers to use every exertion to bring to Justice offenders who have so flagrantly violated existing Treaties of the United States. I have the Honor, &c., Attest: BEVERLEY RANDOLPH. SAM. COLEMAN, A. C. C. Two acres sold for Courthouse for Amelia County Proclama- tion issued Copy enclosed Brady and 3.9 306 CALENDAR OF STATE PAPERS. 1791. Sir, May 22d May 19th Inclosed is an extract of a Letter just received from the Lieu- Extract of tenant of the County of Ohio, on the subject of the attack lately made Lieutenant upon a party of Delaware Indians, near the mouth of Big Beaver of Ohio Co. Creek. We are informed that Willson and Hillman, whose Depositions letter from Willson and Hillman In Council, May 19th, 1791. have been taken upon this occasion, carry on trade with all the Indian tribes whether friendly or otherwise. It is also stated as a fact, and generally believed in that part of the Country that they supply even the Hostile Tribes with arms and Ammunition. It would not perhaps be improper to enquire whether these men have been licensed to trade agreeable to the Act of Congress to regulate trade and intercourse with the Indian tribes. Murders near Buffalo Creek proba- From the circumstances stated by Colonel Sheppard, supported by the Information of Capt. Connell, it appears to be very probable that the murders near the mouth of Buffaloe Creek have been committed by the Delaware Indians, if not by the very party who were attacked on bly commit- big Beaver Creek. We should have taken Capt. Connell's information ted by the on oath, but that he declared he was not with Captain Brady, but Delawares, &c. related facts as he received them from several of the party, men of respectable character. I have the Honor, &c., The Governor of Pennsylvania. A Copy from the Record. Attest: BEVERLEY RANDOLH. SAM. COLEMAN, A. C. C. HENRY BANKS TO GOVERNOR RANDOLPH. Sir, Richmond There appears to be a misunderstanding touching the Petition Misunder- which I presented to the Executive, and now I beg that this may be standing rec'd as an explanation. Regarding the Petition If I had supposed the demand to stand on the footing of a Balance The explan- within the view of common Law, I should not have stated its equity. ation Mr. Hay I knew that I had given Mr. Hay a rec't for payment, which I was under the necessity to do, or no payment would be made. My situation and Business required it, and no ratio of Depretiation was then estab- CALENDAR OF STATE PAPERS. 307 lish'd by Law. The rec't was given to Mr. Hay to whom I referred the Board for enquiry, and altho' Mr. Hay has forgotten the several Cir- cumstances which pass'd on the subject, it does not therefore follow that I also must forget. It was the Policy of Hunter, Banks & Co., in many Instances to serve the public; it is now lamentable to reflect that for having done so, not only a considerable actual Injury is to be the Consequence, but the Petition for equitable redress is deem'd reprehensible. If I had not been overloaded with other Losses and misfortunes, I should not have made the solicitation, nor should I now trouble you, except to place it fairly. I have the Honor to be, Your Excellency's most hum. Ser. 1791. May 22d With respect to the Guns they were without Trunnels, and spik'd. The guns They answer'd no purpose, except to create considerable expence in preparing them for use. When they fail'd, the Tryal was made with a few-the number I know not; for these few Guns, Mr. Hay detained other sums of money, which I expect he has advised, and formerly thought himself satisfied, for, even if the highest value of such Guns of good mettal was to be ascertain'd, the money so detained was more than eno. Mr. Hay admits that there was to have been an arbitration-it There was must have been to an equitable revision of the acc't; this was the Fact, and altho' it may not be believed, and altho' I may be forever precluded from Compensation for the Loss, because I can't prove my right thereto, I shall never cease to feel the Injury, nor to recollect that they were the greatest sufferers during the war, who attempted most to support it. to have been an arbitra- tion I hope that as this letter is dictated by a desire to remove the appear- ance of ambiguity, that I shall be pardoned therefor. Hunter, Banks & Co. HENRY BANKS TO THE GOVERNOR AND COUNCIL OF VIRGINIA. May 22d Petition Hunter, The petition of Henry Banks humbly sheweth, That in the Month of March, 1781, Hunter, Banks & Co., whom your Petitioner represents, Banks, & Co. sold to David Ross, the then commercial agent, a large quantity of Mer- David Ross Commercial chandise amounting to £284,065, paper money, and £134, 16s, specie, agent under an agreement that the respective payments were to be apportioned agreeable to their value and dates; the goods then sold were extremely necessary for the army, and being in the state of North Carolina, could not have been impressed, even if there had been a disposition, so that the Contract was fair and mutually assented, without restraint or com- pulsion and according to the scale of depretiation as afterwards estab- lished by Law, amounted to £3,291, 1s.; according to which, your Peti- tioner humbly conceives a settlement ought to be made. 308 CALENDAR OF STATE PAPERS. 1791. May 22d Wm. Hay master in chancery James Heron and Benjamin Harrison arbitrators May 22d Account current William Hay, Esquire, the Master in chancery was at that time Co- adjutor in the commercial business, and paid to Hunter, Banks & Co. the sums of money which are stated in the annexed accompt, which to the scale of depretiation amount to the sum of £1,564, 14s, leaving a balance of £1,726, 7s, but as the said House were then engaged in considerable Business, it was necessary for them to receive some payment; otherwise their Credit and Business would have sustained a considerable injury. -1 Your Petitioner is now advised that your Honorable board has authority to grant such relief respecting the premises as is equitable, Prays that wherefore it is that your Petitioner prays that an authority will be the trans- action may given to the auditor or some other, to investigate this Transaction; and be investi- if it shall be found that the suggestions of your Petitioner are true, that gated Shortly afterwards the sole direction of the Business devolved on your Petitioner, and he had various conferrences with Mr. Hay, and informed him that the claim not being extinguished, and that it was his wish that the same should be arbitrated; to which Mr. Hay agreed, & Mr. James Heron and Benjamin Harrison were chosen for the purposes; but the office of Commercial Agent soon after being discontinued, neither Mr. Ross or Mr. Hay have supposed themselves authorised to do anything relating to the Business, and your Petitioner not knowing how to pro- ceed to obtain justice, has been obliged to bear the injury in silence, except only that he has frequently reminded the said Ross & Hay of the claim. your Hon'ble Board will grant such relief and payment as consists with equity and right. And your Petitioner in duty bound will pray, &c. David Ross & William Hay, Esqrs., Commercial agents for the Commonwealth of Virginia, In account with Hunter, Banks & Company, 1781. March. To 1,972 yards Cloth @ 100 pr. yard, To 42 pieces of Canvas, 3,065 yards, @ £24, To 4 casks lead & 1 of shot, weighing 1:0:1:20, @33 Livers pr. C., is, Specie, £134, 16s, To 8 lb. Tea pr. Doctor Pape, To 134 lb. Steel @ £45, £284, 06s, 6d. agreeable to scale, - Drs. £191, 28, 5d. 73, 5 0 72, 0 60, 3 0 £284, 68, 5d. £3,156, 5s, £3,291, 1s, Specie. CALENDAR OF STATE PAPERS. 309 Crs. 1791. April. By cash, £100,000, £1,000 scale, 100 for 1 amounts to, August. By cash, £282,315 scale, 500 for 1, Balance due Hunter, Banks & Co., agreeable to the above statement, To balance due Hunter, Banks & Co., - To Interest to be ascertained at settlement. £1,000, Os, Od. 564, 14 0 £1,564, 14s, Od. 1,726, 7 0 £3,291, 1s, Od. £1,726, 78, Od. Errors Ex'd. Some Guns spik'd, and with 'broken Truns. lent by the state which proved of no value, were claim'd by Mr. Hay and allowance was refused by H. B. & Co., which is still undecided. HENRY BANKS TO GOVERNOR BEVERLEY RANDOLPH. May 8th, 1791. I am apprised that there is not a power now to place warrants on any fund, yet I hope where an Individual owes for private contract, and where the public are indebted to him, that your hon'ble Board will authorize a discount. I have the Honor to be, Your Excellency's most ob't & hum. Servt. Mr. Pendleton, in whose hands are the papers will shew them. 1791. May 22d Sir, I am indebted to the Commonwealth in two instances; one for a Indebted to the common- Lot purchased of the Commiss'rs a few years ago, for which I have no wealth Titlo, nor have I ever given bond; the other for duties on Judgment. I have obtain'd a decree as the representative of Hunter, Banks, & Proposition Co., ag't the Commonwealth, and proposed to the Att'y-General to appropriate a nominal amount equal to discharge these debts, and direc- tions were accordingly Given to the Auditor. to the Attorney- General I appropriated the residue of the decree to another person, and now when I wish to have the Business ended, the auditor suggests that the warrants which I have arranged, are not of equal value with the debts due by me, and recommends that your Excellency be consulted, for which purpose I now apply, and hope that directions will be given, not only to release me from the Judgment, but also to give me a title to the Lot. May 22d 310 CALENDAR OF STATE PAPERS. I- 1791. Affidavit from Captain John Cooper: May 22d nons which board his I do certify that twenty Cannon Guns were sent on to me in North In relation to Carolina by Hunter, Banks & Co., in the year 1782, for a ship of theirs certain can- which I then commanded after being repaired with Trunnion's bands, bursted on &c., was mounted on board the said Ship; and when I got under way tọ proceed on a Cruise, fired one of the said Guns as the beginning of an intended salute, which was charg'd with powder only, and the Gun Bursted. I then thought it prudent to land the remainder of the Guns and try them. Did so, and as well as I recollect seventeen of the remaining nineteen bursted, and those escaped were considered of very little value. ship May 22d The Gov- ernor laid Henry Richmond, May 26th, 1791. City of Richmond, ss: JOHN COOPER. The above sworn to before me the 26th May, 1791. JOHN LYNE. The Governor laid before the board a letter from Henry Banks, inclos'g a decree of the high court of chancery in favor of Hunter, Banks & Co., by which ye Auditor is directed to grant these warrants Banks' letter to ye amt. of £1,066, 13s, 4d, with interest thereon from Dec., '80, and before the Council informing that he had agreed with ye Attorney-General that there should be reserved out of s'd warrants a sufficiency to satisfy certain debts due from him ye s'd H. B. to ye Common w'lth, viz, £107, 10s, 6, with 5 pr. Ct. interest from 12 Jan'ry, '85, & £5, 17s, 6d, due for duties & costs as per Judgm't, and ye further sum of £260 with interest from ye 1st Sept., '85, due for a lot of Ground purchased of ye commissioners for selling public property in Richmond, which reservation had been accordingly ordered by ye att'y as appears by his Certificate on ye back of ye s'd decree, but that ye auditor insisted upon retain'g out of s'd warrants a sufficient sum to produce £333, 17s, specie, the am't of ye debt due for ye Lott £141, 8s, 6d. of each amts. as will discharge the duties & £5, 17s, 6d. specie, for costs, which he conceived to be unjust, Whereupon & therefore beged ye interposition of ye Executive in his favor. Where- it is advised, upon it is advised that ye Auditor be instructed to retain out of ye war- &c. rants decreed to H. B. & Co., only the nominal amt. of ye sums directed to be rised by ye Att'y-Gen'l, & the further sum of £200 to secure ye payment of debt due by him, for certain cannon rec'd of ye public during ye war, when their value shall be ascertained. CALENDAR OF STATE PAPERS. 311 ARCHIBALD STUART TO THe Governor. 1791. Sir, Lyle The active part which the Executive have taken to procure a full discussion of the subject against our public collectors, has met with the warmest approbation of every good citizen, & I trust will have its effects with those of a Different Description, but I am sorry to add that their good intentions are likely to be frustrated. When the clerk of Augusta was called upon at our last district court to produce the original lists on which the Indictments were founded, he gave the Court to understand they were not to be found in his office, which brought forward an enquiry into the cause, &c., when it appeared. That the office had been Office taken taken from Mr. James Lyle, in the month of October last, who had done from James the Business since ye present clerk's appointment till that date. That said Lyle, with ye other papers belonging to the office, delivered up to his principal the lists above mentioned, in the presence of four witnesses called for that express purpose. That M. Gambill was appointed a Mr. Gamble deputy in the Room of said Lyle, who deposed that said papers were appointed taken out of the office without his knowledge. Altho' I have certifyed Lyle's room copies of these lists, I believe they cannot be given in evidence to sup- tified copies port a criminal prosec'n, which I suppose must now be droped. They have however been continued at my motion, till Sept'r for further con- sideration. He has cer- May 23d Staunton Subject against public collectors Cases continued → From some circumstances attending the removal of Mr. Lyle from office, I had a foreboding of some such accident as has taken place, & was the adviser of the uncommon caution observed upon delivering up these papers. All public prosecutions must be founded upon Records & papers committed to the officers of your Courts, & if due attention or any other necessary qualifications be wanting in them, public Justice is at an end & is of more serious consequence to ye Commonwealth than the offences we were attempting to punish. I highly approve your Excellencie's Ideas of Rendering prosecutions for malpractices in office as public as possible, & giving them the countenance and aid of public authority. From the order of council of the first of Feb'y last, with which I have been favored, I observe the records on this subject have Records on been referred to the Attorney-General "to report the best method to be this subject pursued for the recovery of the public monies which have been so the Attor- embezled; I have not been favored with that gent's opinion on this ney-General subject, nor do either of ye gent to whom your Excellency has written appear to be willing to Join me in ye business. I have therefore delayed this Business not so much for want of aid, as to be satisfyed. of the mode of prosecution, which shall be recommended by Mr. Attor- ney. The public claim is founded not only upon the proceedings which have been transmitted to the Executive, but for not having returned a single list of supernumeries for several years, which the commissioners to He had a foreboding some accident 312 CALENDAR OF STATE PAPERS. 1791. say amount to a large sum. I have doubts in whose name ye suit May 23d ought to be brought. Most penal Laws point out ye mode of recovering penalties, which I fear is not ye Case in yo act refered to. I shall wait the commands of your Excellency upon this subject determined to execute them with that zeal and diligence which its importance deserves. May 23d Norfolk Borough Court recommends James Ram- Say for alderman May 27th May 28th Amelia In the meantime, I have the honor to be, with the highest respect and esteem, ALEX'R MOSELEY, CLERK OF NORFOLK COURT. At a Hustings Court held the 23d day of May, 1791: Present-James Taylor, Esquire, Mayor; Paul Loyall, Cornelius Cal- vert, Donald Campbell, Robert Taylor, John Boush, Cary H. Hansford, Gent. Aldermen. Your Excellency's most ob't, Humble servant. The Court recommends to His Excellency, the Governor, and Council, James Ramsay, Gent., as a fit person to execute the office of Alderman of this Borough, in room of George Kelly, Gent., who hath resigned. Sir, Northum- I herewith inclose my Commission as coroner in this county, and berland Co. intimate my Resignation of that, which the Executive will please to Resignation accept. There is another Coroner in the County, and shall give notice of his com- mission of my Resignation, on the next meeting of the Court. of coroner Sir, WALTER JONES TO GOVERNOR BEVERLEY RANDOLPH. • Commission The above mentioned commission was issued to the said Walter Jones signed by at Richmond, on the 12th day of October, 1787, and signed by Edmund Edmund Randolph Randolph, Governor of the Commonwealth of Virginia. I am, Sir, with great Respect, Your obedient, humble Servant. E. MEADE TO THE GOVERNOR. Agreable to your request, Maj'r Eggleston & myself Examined the Mortgage Given by Mr. Henry Anderson to the Commonwealth, & find CALENDAR OF STATE PAPERS. 313 + 1791. it to contain the same number & the same names of negroes, as is taken in execution by the Sheriff to Satisfy sundry debts due to individuals, May 28th the sheriff on Wednesday last, summon'd a jury to try the right of Mortgage of Henry property which the jury did not condemn. We gave notice at that time Anderson by advertisement & verbal warning to the people present not to purchase examined, the property. On Friday last, another was summon'd with the same On both occasions we fully comply'd with your request. &c. success. газдата I am, with great respect & esteem, L. WOOD, PUBLIC SOLICITOR, TO GOVERNOR BEVERLEY RANDOLPH. Sir, S Your humble Serv't. With much respect, I am, Sir, Hanover Finding myself far from enjoying a state of Health suitable to the confinement necessary for the prosecution of the Business in my office, Finds his health not I shall be obliged to resign it so soon as a few particular transactions suitable for can be finally adjusted. I take the liberty of addressing your Excel- the business lency at present with a view that the Hon'ble Executive should have of his office previous information. I have written Mr. Sheperd to state all difficult Matters that may require explanation, & as soon as that is done I shall be in Richmond to give him the necessary information & close my accounts. Your Excellency's most ob't & very h'ble Serv't. May 29th JAMES BRECKINRIDGE TO GOVERNOR BEVERLEY RANDOLPH. May 30th Enclosing a petition of William Clark, of Washington, together with Enclosing some affidavits, which he requested to lay before his Excellency. He petition of believes that the statement may be true. Clark has the reputation of an honest, inoffensive citizen, and from his knowledge of him, believes him to be so. His family is large; he is in the decline of life, and he verily believes it will take nearly all he is worth to satisfy the amerce- ment with its costs, &c. He is His Excellency's mo. ob't & very H'ble Se’v't. The petition of Wm. Clarke of the county of Washington, to which reference is bad in the foregoing letter, shows that he was indicted for retailing spirituous liquors on April 4th, 1789, without a license, by the Grand jury at a court held for the District of Washington and Mont- ·40 · Clark's petition 314 CALENDAR OF STATE PAPERS. 1791. May 30th gomory in October, 1789; and in consequence thereof, was fined £10 & Costs-an Execution was levied upon his effects; that being conscious of his innocence, and unable to employ counsel, made no defence till he was informed it was too late; that he replevied by giving a bond paya- ble at the end of 12 months. He states that the grand jurymen on whose information the presentment was founded, have since the impo- sition of the fine, acknowledged that they were mistaken in presenting him, and that therefore he conceives that another person was intended; that he is advanced in years, and unable to provide for his large family, and that if the fine, together with costs, &c., making now fourteen or fifteen pounds, is satisfied by the sale of his effects, he will be reduced to absolute Beggary. He prays the remission of the said fine, &c. May 30th THOS. MIFFLIN, GOVERNOR OF PENNSYLVANIA, TO BEVERLEY RANDOLPH, GOVERNOR OF VIRGINIA. Sir, Phila- I received your letter of the 19th instant, inclosing an extract from delphia a Representation, which had been addressed to you by the Lieutenant Concerning of Ohio county, on the subject of the attack lately made upon a party the attack of Indians near the mouth of Big Beaver Creek; and I have now the on a party of honor to transmit to your Excellency, copies of the various documents Indians relating to that unfortunate transaction, from which I believe you will lately made be convinced not only of the propriety of the steps that have been taken on the part of the Government of Pennsylvania, but also of the peacable. and friendly character of the Indians who were attacked, of the identity of the persons by whom the assailants were commanded, and of the Lieutenant credibility of the witnesses, upon whose depositions I founded my appli- of Ohio Co. cation, requiring the offenders to be delivered up as fugitives from jus- tice. To these papers, I have added a copy of a letter which the Lieu- tenant of Ohio county has likewise been pleased to write to me; but with how much impropriety, your Excellency will readily perceive, and therefore I shall spare myself the trouble of a comment upon this ex- traordinary part of that gentleman's. conduct. I cannot, however, omit the present opportunity of thanking you, Sir, in behalf of the state of Pennsylvania for the prompt and liberal atten- tion that has been paid to the call, which justice, policy, and humanity concurred in rendering it my duty to make; and I hope that whatever may be the event with respect to the immediate objects of the proceed- ing, this public benefit will at least result that our citizens will be taught the respect which is due to the rights even of Indians; and that Indians CALENDAR OF STATE PAPERS. 315 1791. will be encouraged to place a confidence in the power and protection of our Governments, instead of vindicating their wrongs by acts of retalia- May 30th tion and hostility. I am, with great respect, Sir, Your Excellency's most obed. and most H'ble Serv't. The following are the Copies of the various documents enclosed, with May 30th the foregoing letter of Gov'r Mifflin, and referred to by him in said com- munication, viz: FROM CORN PLANTER & OTHER INDIANS, TO THE PRESIDENT OF THE UNITED STATES. Sir, Pittsburgh, March 17th, 1791. Indian President of When we raised from the Great Council of the thirteen fires, we mentioned that we meant to have a Council with the chiefs of the bad letter to the angry Indians. Through the whole Quaker State, as we came up the the United States road, we was treated well, and they took good care of us until we came here; one misfortune happened only, that one of our waggons is not yet arrived here; the one we first engaged with the goods you pre- sented to us. Father!-Your Promise to me was, that you would keep all your peo- ple Quiet, but since I came here I find that some of my People have been kill'd; the good honest people who were here trading. Father! We hope you will not suffer all the good people to be kill'd, but your People are killing them as fast as they can. Three men and one woman have been killed at Big Beaver Creek, and they were good people, and some of the white men will testify the truth of this. been killed When I heard the news, I found one boy bad made his escape, and got to the Trader's house, who saved his life. I now wait to see him. Three men and one woman have Father! We have been informed that twenty-seven men came from another State, and murdered these men in the Quaker State, and took away nine horses and all the goods they had purchased from the Tra- der. Our Father and Ruler over all mankind, now speak and tell me, did you order these men to be killed? The Presi- dent's promise us. Father!-Our words is pledged to you that we would endeavor to make Peace with all warrior nations. If we cannot do it, do not blame You struck the innocent men first. We hope you will not blame us, as your people has first broke good Rules, but as for our people, they are as friendly and as firm as ever. Father! We must now acquaint you with the mens' names Who did Names of the murderers this murder at Beaver Creek. Not to be blamed if they cannot make peace 316 CALENDAR OF STATE PAPERS. 1791. Samuel Brady, formerly a Captain in your army, and under your May 30th Command; also a Balden, persons, was concerned in this murder. his The boy May 30th His arrival in the country (Signed) To the President of the United States. True copy from the original. Copy: CORN PLANTER, mark his NEW ARROW, mark his HALF TOWN, mark his mark P. S.-The Boy who made his escape at Beaver Creek has arrived at this place, and I have taken him under my protection. BIG TREE. CORN PLANTER. JNO. STAGG, JUN'R, Ch'f clerk. A. J. DALLAS, Secretary of Penn'a. PRESLEY NEVILL, ESQ. TO GENERAL RICHARD BUTLER. Extract of a Letter from Presley Nevill, Esq., to General Richard Butler, dated, Pittsburgh, March 19th, 1791. On my arrival about ten days ago in this Country, I found our Fron- tiers greatly alarmed by the Savages, and many have actually moved off from about the mouth of Racoon Creek. To increase the Danger, on the ninth Instant a party of Virginians, under the command of Captain Brady, fell on a Party of trading Indians at the Block House, and killed four or five; since which, I find it very difficult to prevent the settlement adjoining the River from Breaking up. I have ordered Thirty men under a subaltern, to range near the River, from the Vir- near the ginia Line upwards, and give intelligence of any parties that may be He has ordered 30 men to range river Coming to war. The Militia are greatly in want of arms and amuni- CALENDAR OF STATE PAPERS. 317 tion. I have been obliged to get a Quarter Cask of Powder and one hundred weight of Lead for their use, from Elliott and Williams. I am, &c., True Extract. : True Copy of the Extract, True Extract. True Copy, (Signed), PRESLEY NEVILLE. JAMES MORRISON, ESQ., TO GENERAL RICHARD BUTLER. Extract of a Letter from James Morrison, Esq., to General Richard Butler, dated Pittsburgh, March 17th, 1791. The Indians have not committed any depredations on our frontiers since my Last. Notwithstanding, a party of Militia from Ohio County, in number 30, came to the west side of Beaver Creek, opposite the Block house, where William Wilson, of this Place, has been trading for some considerable time past, fell on some Delaware Indians who bad been trading with Mr. Wilson, killed three men and one woman, took nine horses, the Indians arms, &c.; the residue of the Indians made their escape. This ill timed stroke (to say no worse), has greatly alarmed the settlements opposite Beaver; they have left their houses along the River for some distance, and collected in small bodies some miles Back. Should the Indians revenge this Injury done them, on our frontier, which it is more than probable they will, that thriving settle- ment on Raccoon will break up and fly a considerable distance into the interior part of the Country. JNO. STAGG, Jun'r, Ch'f Clk. War Department, Mar. 28, 1791. A..J. DALLAS, Secretary. (Signed) JOHN STAGG, JUNIOR, chief clerk. War Department, 28th March, 1791. A. J. DALLAS, Secretary. JAMES MORRISON. War Department, 28th March, 1791. Sir, I have the honor to transmit to your Excellency a Representation made to the President of the United States by the Corn planter, a 1791. May 30th May 30th GEN'L HENRY KNOX, SECRETARY OF WAR, TO THE GOVERNOR OF May 30th PENNSYLVANIA. Party of militia from Ohio county 318 CALENDAR OF STATE PAPERS. tion made to 1791. Seneca Chief, upon the subject of the murder of some friendly Indians, May 30th on the ninth instant, who had been tradeing at the Block house on Big Representa- Beaver Creek, within this state. It would appear both from the Repre- sentation of the Corn planter and the information of Persons of Res- pectable characters at Pittsburg and its neighborhood, herein enclosed whose names it might not be proper to make public, that the act of killing the Indians aforesaid, is considered by the good Citizens of the frontiers as an atrocious murder, and Deserving of the severest punish- the Presi- dent by Cornplanter ment. If such crimes are suffered to to If such crimes as the murder of friendly Indians should be suffered pass off with impunity, the endeavors of the United States to estab- pass with lish peace on terms of Justice and humanity will be in vain. A General impunity Indian War will be exited, in which the opinion of the enlightened and impartial part of mankind will be opposed to us, and the Blood and Treasures of the Nation will be exposed in the accomplishment of measures degrading to its character. To avoid such Deplorable consequences, every exertion will be imme- diately made within the power of the General Government. Gen. St. Clair will be ordered to Major-General St. Clair will be instructed to enquire into the facts, and, finding them as represented, to call the relations of the deceased enquire into Indians together, to disavow and disapprove of the murder in the the facts strongest terms; to assure the Indians that every measure authorised by the Laws, will be immediately taken to bring the murderers to con- dign punishment, and to make the said relations entire compensation for the Loss of the Horses and property taken from the murdered indians. The punish- But the punishment of Murderers will not belong to the General gov- ment will ernment. The crime having been committed within the jurisdiction of not belong to the gen- the State of Pennsylvania, is to be tried by its Laws. No doubt can eral govern- arise that your Excellency will view the transaction in its proper light, ment and that you will demand the accused from the State of Virginia, according to the Constitution of the United States, or take such other measures on the occasion as you may judge proper. I have the honor to be, with great Respect, Your most obedient servant, Copy: HENRY KNOX. A. J. DALLAS, Secretary of the Com'h of Pen’a. CALENDAR OF STATE PAPERS. 319 GENERAL HENRY KNOX, SECRETARY OF WAR, TO THE GOVERNOR OF 1791. VIRGINIA. War Department, 31st May, 1791. Sir, I have the honor to inform your Excellency, that in consequence of the representation made to me by the Lieutenant of Ohio County, of which the enclosed is a copy, and the verbal communications of Captain Kirkwood stating the deplorable situation of the inhabitants of the said County for want of arms and ammunition, that I have in behalf of the United States ordered that one hundred arms, two barrels of powder, and four hundred weight of lead should be delivered out of the maga- zine at Fort Pitt, to Colonel Shepherd. That he should account to your Col. Shep- Excellency for the disposition of the said arms and ammunition, and that the same should be charged to the State of Virginia. herd to account for them to Gov. I hope the nature of the case, which would not permit the application of Virginia to be made to the State of Virginia, will render the advance of the said articles in the manner stated, acceptable to your Excellency. With great respect, I have the honor to be, Your Excellency's most obedient, hum. Serv't. May 31st Lieut. of Ohio Co. Capt. Kirk- wood S. SHEPARD TO GOVERNOR BEVERLEY RANDOLPH. June 3d office A difficulty occurring in regard to receiving certain warrants for pay- Solicitor's ment of duties in specie, the Treasurer regards them as being "equal only to militia certificates." Requests the Governor and Council to give him instructions to that officer, as to whether he shall receive. Petition of Thomas Roane to the Governor & Council for remission of a fine imposed upon him by the District Court of King & Queen Co., "for an assault on Mr. Robert Beverly." Encloses a certificate of the Jury, in a suit against him in another county for the same offence, giving reasons why the aforesaid fine should be remitted, as follows: battery "Wo, whose names are hereunto subscribed, being of the Jury in the Trial of a suit of assault & Battery in the court of Essex in March last, Assault and between Robert Beverly, plaintiff, and Thomas Roane, def't, do certify That on the said Trial it appeared to us in proof that the def't met with the plaintiff on the public road accidentally, & then and there demanded of the s'd Plaintiff to make him acknowledgements for the Injury he had done to the memory of the s'd defendants deceased Father in a June 4th Essex Co. 320 CALENDAR OF STATE PAPERS. June 4th 1791. printed publication addressed to Spencer Roane, Esq., whereon being June 4th refused, the Defendant was urged to give him a caning. That is wast proved to us that the said plaintiff had reflected on the memory of Colo. Wm. Roane, in the said printed paper, and it was also shewn that the said reflection was unjust, & that the s'd Col. Roane was in his life- time, wholly incapable of such mal-conduct as the plaintiff had therein imputed to him. That it was not proved that the defendant knocked the plaintiff from his Horse, but rather that he fell in avoiding the Blows. That the action was supported by proofs of a confession made by the Def't to different persons, to whom it appeared he had disclosed the whole Transaction, and that the Jury on their retirement, found a ver- dict against the Def't for eleven pounds damages. ! Philadel- phia Society for the abolition of slavery Signed, T. Dunn, Jr., Sam'l Croxton, Warner Harwood, William Howerton, Major Boughan, Isaac Gatewood, Wm. Fisher, Barker Minter. THOS. MIFFLIN, GOVERNOR OF PENNSYLVANIA, TO BEVERLEY RAN- DOLPH, GOVERNOR OF VIRGINIA. • Enclosing demand for certain fugitives from justice, against whom Indictments had been duly found in the County of Washington, Penn'a, Free negro for having seized the person of a free negro with intent to sell him into carried off slavery in Virginia or Kentucky, &c. into slavery Information leading to the arrest and prosecution of these offenders had been duly furnished the civil authorities of Pennsylvania, as appears from the following petition: Agata To Thomas Mifflin, Governor of Pennsylvania: The Memorial of the Pennsylvania Society for promoting the Abolition of Slavery, the Relief of Free negroes unlawfully held in Bondage, and for improving the condition of the African Race, Respect- fully sheweth, that John, a free Negro Man, residing at Washington, in the County of Washington, in this Commonwealth, entitled to and en- joying the peace and protection of the laws of this State, was, on or about the tenth day of May, in the year of our Lord, one thousand seven hundred and eighty-eight, with force and arms and a strong hand, assaulted, seized, imprisoned, bound and carried without the jurisdiction of this commonwealth, by certain persons in disguise, and at that time unknown; and that at a Court of Oyer and Terminer and general Jail Delivery, held in and for the said County before William Augustus Atlee and George Bryan, Esquires, Justices of the same Court, on the tenth day of November in the year aforesaid, Bills of Indictment were presented and found to be true by the grand inquest for the body of the CALENDAR OF STATE PAPERS. 321 County of Washington, against Francis McGuire, Baldwin Parsons, and Abraham Wells, for imprisoning, binding and carrying the said free negro, John, out of this State with intent to cause him to be sold as a slave, contrary to the Act of Assembly in such case made and provided, and against the peace and dignity of the Commonwealth as by the Records and Proceedings of the said Court; true copies whereof from the Office of Edward Burd, Esquire, Prothonotary of the Supreme. Court and Clerk of the Court of Oyer and Terminer for the said County, herewith laid before the Governor, fully appears. The memorialists further shew that the said Francis McGuire, Bald- win Parsons, and Absalom Wells precipitately fled from Justice, taking with them negro John; and have taken shelter in the State of Virginia, or perhaps in that part thereof which has lately been erected into a new State by the name of Kentucke, and the said negro John is said now to be held in a State of slavery by Nicholas Casey, near Romney, on the south Branch of the Potowmack, in Virginia. That by the second Paragraph of the second section of the fourth Article of the Constitution of the United States, it is provided that “A person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice and be found in another State, shall, on demand of the Executive authority of the State from which he fled, be delivered up to be removed to the State having jurisdiction of the crime.” The memorialists apprehend that a crime of deeper dye is not to be found in the Criminal Code of this State, than that of taking off a Free man, and carrying off with intent to sell him, and actually selling him as a slave. And inasmuch as the grand inquest for the body of the County of Washington have, upon their oaths or affirmations, found this crime to be truly charged against the Persons above named, they respectfully request that the Governor will be pleased to demand from the Executive authority of Virginia or of Kentucke, that the said Fran- ´ cis McGuire, Baldwin Parsons, and Abraham Wells be apprehended, if to be found within their Jurisdiction and delivered to the Executive authority of this Commonwealth, to be proceeded with according to Law; and that the said negro John be also sent into this State to the end that he may be restored to his freedom. Sealed with the Common Seal of the said Society at a special meeting held in the City of Philadelphia, the thirtieth day of the fifth month, called May, in the year of our Lord, one thousand seven hundred and ninety-one, and signed by order of the Meeting. Attested by: JOHN MCCREE, Sec'y,* WILLIAM ROGERS, Vice-President. 4 NOTE. This document bears Seal of the Society, displaying on its field a figure of Liberty holding a staff bearing cap of liberty and with one foot resting upon prostrate figure of a lion. In the Exergon, the words for motto: "Both can't sur- vive." 1791. June 4th 41 322 CALENDAR OF STATE PAPERS. 1791. June 4th June 6th June 6th I certify the foregoing to be a true copy from the original memorial deposited with the Records of the Executive Department in my custody. A. J. DALLAS, Secretary of the Commonwealth. Affidavit of Richard Roy, of Caroline Co., in regard to balance of an "Execution levied for the Commonwealth against the Inspectors at Roy's warehouse," &c., Is really due from his son, John Roy, late of Caroline Co., now of N. Carolina. The latter, before going away, had provided for its payment, by leaving "a negro woman and child with power to sell them if necessary," &c. June 6th Return of Ordnance and ordnance stores at Manchester, Va., belong- Manchester ing to the United States. Articles enumerated: Brass guns mounted, Limbers, gun-carriages, beds for cohorns, shot, solid shells, grape shot, muskets, swivels, fuzes, cartridges, steel ramrods, pistols, bayonets, swords, Espontoons, Pikes, sponges, ladels, worms, Port-fires, slow-match, tubes, belts, bitts, priming horns, priming wires, canteens, howitzers, shell scrapers, sheep-skins, bugle horns, French horns, &c., &c.—indeed every variety of implement used in managing ordnance, known at this period. Allowance of tax collec- tors in cer- tain cases A JAMES INNES, ATTORNEY-GENERAL, TO THE GOVERNOR. In reply to enquiry of the Governor in Council, with regard to dis- pute concerning commissions due to collectors of the Public revenue in certain cases, &c., as follows: "The allowance to collectors of the public revenue is five per centum for collection, when lands are destrained and sold for arrears of Taxes, under the law of 1781, By the act to remedy abuses in the manner of selling lands for payment of public Taxes, passed on the 7th of January, 1788, the manner of selling lands for the purposes mention'd above, is altered; but the compensation given by the act of 1781, stands unchanged. The act of 1788 directs in cases of the sales of Lands in the manner prescribed therein, payment to be made into the treasury to the amount. of the debt due to the public, with the Damages and expenses of such sales in the first instance, from the money arising from the sale thereof. I conceive the words of this Law furnish a full answer to the Gov- ernor's enquiry. The expenses of advertising the lands sold for Taxes ought most clearly to be defrayed out of the sales thereof." CALENDAR OF STATE PAPERS. 323 GOVERNOR BEVERLEY RANDOLPH, IN COUNCIL, TO JAMES INNES, ATTOR- NEY-GENERAL. "The Executive request the favour of Attorney-General to inform them whether in his opinion the courts of the respective counties within this state, have authority by Law to make new elections of Commis- sioners of the Taxes at any stated periods, or at their Discretion, without any vacancy having happened by resignation or otherwise." In reply the Att'y-general says: "I do not think that the county courts have a right to exercise the powers above described. The Commissioners of the Taxes appear to me under the Laws to be entitled to continue in office, dum bene se geserant, or during good behavior." : In regard to question as to the terms of sale, says further, "I do not well remember the terms, but he thought then that they were of very little value as they lay. They were all spiked, and most of them had one or both Trunnions broke off, & appear'd quite new & never to have been tried, and I do think that such terms were not unreason- able, and as good as then could (have) been obtained.” 1791. HENRY BANKS TO MAJOR JOHN PRYOR, LATE ORDINANCE OFFICER OF June 8th VIRGINIA. JOHN STANLEY AND. WM. RICHARDSON TO THE Governor. Humbly complaining, showeth your petitioners, Inspectors of Tobacco at Meriweather's warehouse, New Castle, that in the year 1789, they have incurred a forfeiture of £500, for not accounting for the Tobacco exported from their warehouse during that year, & are now under the prosecution of the Solicitor general, & are remediless saving by the Interposition of the Hon'ble the Executive of this state, & think it advisable & proper thus to state simply their lease, & exhibit their June 7th Powers of county courts Making enquiries in regard to certain cannon purchased by him from Richmond the late Gov. Harrison, as Executive of the State, and intended for the use of a ship, &c. In reply, Major Pryor says: "In the year 1782, when I was Com. Mil. stores, I accompanied Mr. Jno. Banks to W. Ham. to look at some cannon that lay at the ord. Foundry, w'h had been spiked & their Trunnions broke by the Enemy. He told me that he had the permission of the Executive or Colo. Davies, to take such as he thought would answer to fit out a vessel. Said Banks concluded to take some of them, but what number or size I have forgot." Cannon left at Westham Foundry June 9th # 324 CALENDAR OF STATE PAPERS. 1791. June 9th Vouchers to the Board. Your petitioners aver that the above laches did not arise from any sort of Design to injure the Publick, but firmly imagined their annual salaries wou'd at any rate be allowed them, which would have defrayed the publick duty on Tobacco, and moreover wou'd have made easy every claim against them of a public nature, but lately conceived their error when it was too late to prevent the entering the Judgment against them for the s'd forfeiture, have only now this. resource of pray a Remission of the s'd £500 at your Hands.. Annexed hereunto you will find not only the Treasurer's rec't for the duty, but the solicitor's also, for the Costs of the Judgments, whereby every claim is now discharged, except the s'd forfeiture, which we pray may be remitted, and your petitioners will ever pray, &c. To which is appended a testimonial of sundry citizens in favor of the petitioners in part, as follows: "In the highest estimation as we hold the Laws and Constitution of our Country, but in taking a survey of the Relative Connection existing between the Governor & Governed, we conceive that while protection is given to one, protection also ought to be given to the other. Exactness For the guide of Inspectors the legislature have laid down a particu- required of lar Duty to be observed; and a forfeiture (to be applied to public uses) public officers herein shown for a non-performance of that Duty. The Inspectors in this case have unwarily incurred the forfeiture, depending on their salaries to defray the public acc'ts; but being mistaken in the Law in that case made & provided, have thereby subjected themselves to the prosecution of the Attorney-Gen'l, who has actually obtained a Judgment against them for the s'd forfeiture, which must have been incured from an inoffensive Disposition, & not thro' design or intention to injure the publick. Now, Sirs, if the Destruction of two respectable citizens be preferable to the sum of five hundred pounds in the publick Treasury, then ought we to acquiesce & bewail their misfortune; but if the sum be inadequate to the sacrifice, then do we trust that the forfeiture will be remitted. From these considerations then, we humbly conceive that a Remission of that forfeiture will be granted, as it may be done, we think, without any sort of Inconvenience to the publick, but of manifest advantage to the Inspectors.” Signed: Arch'd Dick,* James & Benja. Oliver, Jas. Lyons, Rob't Fleming, John Syme, J'n'r, Nicholas Syme, Thos. Talley, Thos. Phillips, Henry Cobbett, Elisha Sheperson, David Cochrane, Frs. Irwin, Sam'l Crutchfield, Constantine Riddick, Jno. Kilby, Thos. Taylor, Sam'l Rich- ardson, J'n'r, Francis Taylor, Christo. & Rob't Johnston, Geo. Clark, Wm. B. Christian & Co. * NOTE.—Archibald Dick was a Revolutionary officer of merit. John Syme was half brother to Patrick Henry, and Lyons, Fleming, and Taylor and others, were prominent men at this date. CALENDAR OF STATE PAPERS. 325 + Sam'l Coleman enclosing to the Executive, approved, the account of Mr. Quarles, contractor to furnish the "Post at the Point of Fork" with provisions, &c. JOHN S. WELLS TO GOVERNOR RAndolph. Reporting his inability to procure "a proper person" to undertake to collect delinquent taxes for the years 1788 & 1789, within a given time; but will continue his efforts, &c. • Benj. Blunt desires information as to the construction of an Act of June 11th Assembly, passed in 1790, remitting all militia fines imposed "since the South- adoption of the Federal constitution." Does this include the period of ampton Co. time when the powers of the "old Confederation" ceased? Wants the opinion of the Executive. WM. CLAIBORNE TO GOVERNOR RANDOLPH. Inclosing bill of costs of transportation to Philadelphia from Rich- mond, Va., &c.: HENRY KNOX, SECRETARY AT WAR, TO THE GOVERNOR OF VIRGINIA. June 11th War In reply concerning defence of the western frontier of that State. He will refer the points at issue to the President of the United States, Department (who is now absent); but in the meantime, must decline to furnish any Philadel- other articles required, except ammunition. This can be supplied from phia the Public Store, or an allowance granted for the purpose, to be accounted for "at the time for the adjustment of the accounts of the militia." (C Stage hire from Richmond to Phila., Ditto for Trunk of papers which must go within the ава Stage, Expenses travelling, including ferriages, &c., &c., say, 1791. June 9th June 10th 181 20 Dollars: 57 June 14th Dollars: 18 Expence of travelling, &c. 326 CALENDAR OF STATE PAPERS. 1791. GOVERNOR BEVERLEY RANDOLPH TO ATTORNEY-GENERAL JAMES INNES. "Sir, June 14th "The second section of the fourth article of the Constitution of In Council the United States, provides that a person charged in any State with First case of treason, felony, or other crime, who shall flee from justice, shall on extradition discussed demand of the Executive Authority of the State from which he fled, be delivered up to be removed to the State having jurisdiction of the crime. "The Executive, doubting as to the mode which it will be necessary to pursue in a case now before them, have determined to submit to your consideration the. inclosed papers, and request that you will advise them what are the legal steps proper to be taken on the occasion. I The Attorney-General, after. several days' consideration, returned to the Executive the following reply: Sir, "I am, Sir, "Your obed't Serv't, &c." The question you have stated for my advice seems to be confined to the manner of delivery & removal of persons charged in any state with treason, felony, or other crime, who shall flee from Justice and be found in another state. ¦ The Constitution requires that there should be a person or persons charged with a crime; that that crime should be one comprised within the 2nd Section of the fourth Article of the Constitution of the United States, and that such offender or offenders should be within the limits of this Commonwealth before a demand can be authorized. The charge in the sense bere used, must be such an accusation as of itself furnishes a sufficient evidence of guilt to put the accused upon his trial, or to justify his immediate punishment. It cannot be an accusation founded on a mere suspicion, it must be founded on some Judicial Act. In this respect, the demand sent on by the Governor of Pennsylvania, may be proper if the crime stated in the Bills of Indictment, are sufficient to fall within the provision of the General Government. It is not either Treason or Felony, (for the Indictments state the taking away of the negro to have been done violently, and not feloniously,) and other crimes must be confined to such as the State making the demand, possesses an exclusive Jurisdiction over; for if either the fede- ral court, or the courts of the State into which the offenders may take refuge, are authorized to punish the offenders, there is no danger of an escape from Justice, and no reason for a demand. The delivery and removal is only to be made for the sake of a proper Jurisdiction, and therefore neither can be required from a Jurisdiction that is proper. There must be a defect in the Jurisdiction of which the demand is made, and CALENDAR OF STATE PAPERS. 327 an exclusive Jurisdiction in the State making the demand. The case stated in the Indictments transmitted by Governor Mifflin, would amount but to a trespass by our laws, as between the parties—as between the offenders and the Commonwealth, but to a breach of the Peace. In the first instance, the remedy follows the persons of the offenders into our State, and there is no defect of Jurisdiction here. In the latter case, the offenders may appear by Attorney to the Indictments; if they should be acquitted, there can be no occasion for the demand; if found guilty, and their personal presence should be necessary for their punish- ment, it will be then time enough to make a demand of them. I pre- sume, in this respect the laws of Pennsylvania are assimilated to our own; if they are, then the offences stated do not appear to me to come within the description of crimes contained in the above cited section of the federal Constitution. As it is necessary that adequate proof, to fix the residence of the offenders against the laws of one State, to be within the limits of the State of which the demand is made, should precede such demand-for without that Evidence no right to demand can exist― so it becomes necessary that some proof of that fact ought to accom- pany the demand; otherwise the State of which the demand is made, will be forced to ascertain fact after the demand, which should have been the precedent basis on which any demand could rightfully be made. In Governor Mifflin's letter and its inclosures, no evidence is contained of this fact, and the demand might as well be made of Georgia as Vir- ginia. Let it be conceded, however, that the Constitution of the United States hath in all these requisites been satisfied, it is then required that the offenders should be delivered up to be removed to the State of Penn- sylvania, possessing an exclusive Jurisdiction over their crimes; in what manner are they to be arrested for delivery? How are they to be re- moved? Every free man in Virginia is entitled to the unmolested en- joyment of his liberty, unless it be taken away by the Constitution or laws of the United States, or by the Constitution or laws of Virginia. No molestation, seizure, or removal of his person can take place but under the authority of these or some one of them. The Constitution and laws of the General Government, as well as those of this State, are silent on these important subjects. If the delivery and removal in ques- tion can be effected, it must be under the authority only of the Consti- tution of the United States; by that the delivery is required and the removal authorized, but the manner in which either shall be effected, is not prescribed. There must be a legal control over the persons de- manded, before they can be delivered or removed; that control ought not to be acquired by any force not specified and delegated by positive. law. Neither the Constitution of this or of the United States, nor the laws made under them, direct the mode or delegate an authority by which the magistracy of this State can acquire such a control. It there- 1791. June 14th 328 CALENDAR OF STATE PAPERS. 1791. fore can only be acquired by force; and that such an exercise of undele- June 14th gated power over the liberties of froemen would not be justifiable, I am sure I need not add. June 15th Kentucky June 15th It is therefore my opinion that the Directions of the General Govern- ment, under which the Governor of Pennsylvania has made a demand for the delivery and removal of the persons mentioned in his letter, cannot be complied with by the Government of this State, without some additional provision by law to enable it to do so. I have the Honor to be, very respectfully, Sir, Your mo. ob. Servant, &c. COL. THOMAS MARSHALL TO GOVERNOR RANDOLPH. Reminding him of his having "in January last" resigned his position as "Receiver for the District of Kentucky." After thanking him for the flattering terms in which the Governor had conferred the appointment, he adds my "son James will be at Richmond this fall to settle my accts. In consequence of his resignation, Sam'l McDowell of Mercer Co., recommends Capt. Thomas Barbee as a worthy successor to Col. Mar-. shall. This is warmly seconed by Thos. Muter, Esq., writing from Danville, Kentucky. June 15th Griffin Stith and John Stratton Jr., make oath before John Harvie, Henrico Co. Justice, to the following statement, viz: that two men, named respect- Lynch Law ively, Ralph Singo, and James Richards, had in January last, in Acco- in Accomac mac County, been hung by a band of disguised men, numbering from six to fifteen. They were "hanged on a tree at a place called Matches- sungo, near the sea shore, in the s'd County, &c. Co. J JOSEPH HORNSBY TO THE GOVERNOR. Informing him that "the money advanced for the use of the Lunatic Hospital is all expended," and requesting an order on the Auditor for balance due the Hospital, according to the last order of the "Court of Directors of the said Hospital," &c. CALENDAR OF STATE PAPERS. 329 Sam'l Coleman, Clerk, reports the number of scouts paid, from Russell County for the year 1789, as follows: *Sam. Porter, 96 days; John Alley, 165 days; David Lewis, 10 days; Sam. Oxer, 84 days; John Dawson, 30 days; Austin Bush, 48 days." Does not know whether the claim of Alexander Ritchie, from 13th June, to 15th Aug., 1789 should be allowed. The claims for services for the year 1790, pertain rather to those settled by acts of Congress. SAMUEL COLEMAN TO THE EXECUTIVE. In regard to a claim of one William Ralston, against "the Foundry. On the books appears a balance of £7602, 5s, 5d., paper money due him, which "at 74 for one," will make £102, 14s, 7d. Requests consideration of the case. Governor BeverlEY RANDOLPH TO THe Governor of PENNSYLVANIA. June 20th "Sir, I have had the honor to receive your favor of the 4th Instant, Richmond which has been submitted to the Council of State. In the discussion of In Council the demand made by you for the delivery of certain persons charged with an offence committed within the Jurisdiction of the state of Penn- sylvania. Doubts have arisen as to the mode which it would be proper to pursue for arresting the persons so charged. In consequence of these doubts, the whole subject has been referred to the Attorney-General of this state. You will therefore be so good as to excuse the delay which this step must necessarily produce. I have the honor, &c. >> LANDON CARTER TO THE GOVERNOR. Begging a reprieve of his slave Branom, condemned to death. He had on a previous occasion Inclosed to his Excellency "a coppy of the 1791. June 17th Council office *These scouts were employed in watching the hostile Indians, still very trouble- some on the western limits of the state. June 20th Colo. Wm. Davies gives receipt to Mr. Wm. Claiborne for "a trunk June 21st in good order containing a number of public papers & accounts. >> Council Office Philadel- phia June 25th Cleve 42 330 CALENDAR OF STATE PAPERS. 1791. proceedings of the Court of King George County, & sent it on to the June 25th Bowling Green Stage." Assures the Governor he would not make this King George application, but that the "worst of the villians had been acquitted," Co. June 27th June 30th and it will “nothing benefit the public to sacrifice this silly man" now “under sentence to die this day week, the 2d of July." He adds, “I implore mercy for the poor deluded prisoner, I to whom belongs all the resentment for the injury. I request your indulgence, for that I con- sider that Death in the end, is no punishment in itself; nor are the effects on the beholders who flock as to a shew, to the place of execu- tion, but momentary, as the punishment, &c." ALEX. HAMILTON TO THE GOVERNOR OF VIRGINIA.—(Circular). Sir, Philadel- The legislature of the United States have directed in the 18th section phia of the act making provison for the public debt, that the payment of Treasury Interest should be suspended in respect to the debt of any state, Department which may have issued its own certificates for those of the United States" until it shall appear to the satisfaction of the Secretary of the Treasury, that certificates issued for that purpose by such state, have been re-exchanged or redeemed; "or until those which shall not have been re-exchanged or redeemed shall be surrendered to the United States. "I find it necessary therefore to request your attention to the sub- ject, if the state of Connecticut has issued any such certificates as are con- templated by the above recited Section, it will give certainty to the opera- tions of the Treasury, and may prevent delays inconvenient to the public creditors, if you will direct the proper officers to cause the state of the facts as it regards Connecticut, to be made to appear to me. Should this general suggestion be less explicit than you desire, I shall, on being notified that it is your wish, point out more particularly the documents that would appear to satisfy the law. I have the honor to be with perfect respect, Sir, Your most obedient and most humble servant, &c., &c. James Wood, Rob't Goode, and J. Dawson, Committee appointed to examine the "Offices of the Treasurer, Auditor, and Solicitor-General," make report, 1st, That on account of the varied and numerous subjects involved, the Solicitor has great difficulty in executing the duties of his office. The ballancies in specie are arranged, and will be transferred to the Auditor's Office. By reason of difficulties attending collections, the accouuts against sherifs in paper money will still be long delayed, and CALENDAR OF STATE PAPERS. 331 in most cases legal proceedings will have to be instituted before they can be finally settled. A Statement of Interest, costs, and damages on Judgements against delinquent shrifs, will soon be delivered to the Au- ditor. Many claims against debtors already recovered, it is to be feared must remain uncollected, because of the insolvency of the debtors, or because of their having removed from the Commonwealth. These are known as "Duty Bonds." Many Injunctions have been gained against the Commonwealth's Judgement, but these bills of Injunction will soon be in the hands of the Attorney-General for his action. They find a number of suits against persons who have not accounted for monies re- ceived for recruiting purposes; and against others who have obtained certificates for pay, &c., upon forged vouchers not yet prosecuted, on account of insufficient evidence. Capt. Coleman, the clerk, will proceed at once under the proper authority to collect this evidence. The Committee find that the Cases of the Commonwealth have been from time to time continued to ensuing Terms of the Court, because partial payments have been made, thereby so much reducing the bal- ances, that it was considered politic to exercise forbearance; in other cases, it has been found necessary to postpone action for want of suffi- cient evidence to support the motions of the Attorney, &c. They recommend that the Council reconsider the question of adjusting the accounts in paper money and in specie which have not already been committed to the Auditor. The Solicitor thinks the present plan "will not be in the least useful." They have directed the Auditor to furnish the solicitor with statements of accounts against any of the late naval officers who may be in arrears, to be proceeded against according to law. The Committee, upon examination, have found the Auditor has duly performed the duties of his Office, entirely in accordance with the pro- visions of the Law, excepting only in one instance. In this latter, the duties under a certain section of the last enactment have been so insig- nificant as not to have attracted his attention. This will be arranged before the next meeting of the Council. They find the Treasurer performing the duties of his Office with satis- faction; but he apprehends it will be necessary to form a committee who shall determine by the end of this fiscal year, "the amount of specie, tobacco, & certificates in the Treasury," and certify the same to the Assembly. They recommend the continuance of the present system under which the several offices are conducted, from a conviction that with proper at- tention to business the public interest will continue to be forwarded. E. LANGHAM, SUPERINTENDENT, TO THE Governor. He is much in want of a Ton of Iron "suitable to forge bayonetts, ramrods, &c.," and hopes the Board will allow him to purchase it by a 1791. June 30th July 1st 332 CALENDAR OF STATE PAPERS. 1791. July 1st Point of Fork warrant on the Treasury for payment of the same. Adds, "The Presi- dent of the United States, by his Secretary, has requested me to have a brass Howitzer, (one of the Trophies of Saratoga,) removed from Halifax old Town to the Point of Fork, provided it meets with your approbation," &c. Desires a speedy reply as to this request. July 1st LANDON CARTER TO THE GOVERNOR. Cleve Interceding again in behalf of his negro slave Branom, condemned King George to death, and enclosing "letters of countenance from four of the magis- Co. trates who sat on the Tryal, and the fifth was promised, but his absence Negro slave from home twice that my servant waited on him, had deprived him of pardoned that unanimous approbation of my conduct, which would have done me honor before your Excellency and the Hon'ble Board," &c. Bellisle, June 30th. Sir, I have just rec'd your circular Letter, together with Mr. Wood's directed to you, by which I find that is not customary for the Governor to grant a Pardon on the application of the master alone. I therefore sincerely join you in recommending the Prisoner Branom to the mercy of the Executive. "I am, Sir, 1 "Your mo. Ob't servant, "I am, Sir, W. STORKE.” "Chesnut Hill, June 29th. "Dear Sir, Character- in behalf of "Your circular letter of this date, inclosing one from Mr. istic letters James Wood, directed to you, was delivered me by your man Martin, condemned from which I find an application to the Executive for a Reprieve for negro your negro Fellow Branham, now under sentence of Death by the Court of King George County. The Crime with which he was charged and the proof, occasioned my voice against him, but I well recollect at the time of Trial, you spoke highly in favour of the Fellows general good conduct, which has always occasioned him a favorite, and that this was the first offence of any degree of Magnitude. These circum- stances would induce me to join with you in recommending the Fellow to the mercy of the Executive. "Y'r most obed't Serv't, B. ASHTON." CALENDAR OF STATE PAPERS. 333 "Pembroke, June 29th. "Dear Sir, "Martain delivered me your Circular Letter, enclosing me from Mr. James Wood, the contents of which I particularly attend to. I sincerely accord with you, and really compliment you upon your human principal, for I am confident you are actuated by that alone. Branom, I flatter myself, will be sufficiently intimidated by the late sentence pronounced against him, to prevent him from committing in future any other outrage, therefore from the good character he has heretofore supported, flatter myself the Executive will consider him an object of mercy. } "I am with much respect, D'r Sir, "Your ob't, H'ble Serv't, GEORGE FITZHUGH, Jr." "Sir, "Mr. Wood's favor of the 25th Instant to you, I have now before me, also yours of this day's date to me, both respecting the reprieve of your condemned slave Branom. I am really pleased at your having made application to his Excellency the Governor, for his pardon; but I am more so, at my being instrumental towards the obtaining it. Therefore hope the honorable Board will be induced to pardon him. "Albion, June 29th. "I am, Sir, with respect, "Your most obed. servant, TOWNSH'D DADE, " ! The Governor in Council rejects the application of certain citizens of Fauquier County in behalf of negro George, condemned to death for arson, &c. The case is fully set forth in the following statements: "To the Honourable the Governor & Counsel of Virginia: "Gentlemen, 1791. July 1st July 2d Case of demned to "By boing pressed with the sense of Humanity and a fealling for mankind in General, and one of the magistraits that sot on negroes con- the trial of negro George, a man-slave, the property of Mr. Thomas death for Maddox, for being privy to the Burning of Mr. Charles Marshal's House, do say that from the nature of the Testimony that was deliver'd from negro Ben, the property of Mrs. Rosser, who was the only witness that arson 334 CALENDAR OF STATE PAPERS. 1791. July 2d had wait with the Court and other Concuring circumstances, tho' Ben's Testimony was deliver'd in a very aquivical manner, did say after some length of time that George has applied to him for Advice, and also En- gined him to secrecy; then told him that Mr. Chas. Marshall's House must be Burnt, and Expresed some oneasiness on the account, teling the said Ben that his young master, Richard, said it must be burnt and by such a day, for their was papers in the House that must be destroyd; not knowing the Carrector of the said Ben, was induced to give my Opinion for convicting the said negro George, but must confess that I did it with reluctance-being since informed of the carrector of the said Ben, find him to be a very ill-disposed Fellow, pretending to be a Cun- gerer & forting-teller; and also in the time of the war did make an attempt to recrute a company of negroes to Joine the British, and was tried and ordered one Hundred lashes. This has induced me to think what he had told before the Court was false. I therefore recommend the said negro George as an object of Pittey. "And am, with Due Respect, "Your Honner's Ob't Serv't, "FRANCIS TRIPLETT." "Fauquier Court House, 30th June, 1791. "May it please your Honours, I was one of the Court that set on the Trial of George, a slave belonging to Mr. Thomas Maddox, and Molly, a slave, the Property of Mr. Charles Marshall, for Feloniously burning the Dweling-house of the said Marshal. Molly, on her Examination, confess'd herself Guilty of Burning the s'd house, and say'd she was Persuad'd so to do by the s'd George, her Husband, but on Trial the Court did not admit her as Proper Evidence. The only witness that appear'd against the Crimonal, George, was Ben, a slave, the Property of Mrs. Rosser, that had weight with me. This Fellow Pretends to be a cunjourer or fortune-teller; his Testimony, in my opinion, was Deliv- er'd in a very Equivacal manner. After some considerable time spent in delivering his witness, he say'd he knew the house was to be burnt. (I then ask'd him how he had Gain'd his knowlidg-whether by his art as a congourer, or did any Person Inform him so?) His answer was, Partly, and Proceeded to say that George, the Crimonal, Told him a few days before the Trial that the house must be burnt, and that he, tho s'd George must burn it; that his master Richard, meaning a son of the s'd Thomas Madox, wou'd have it so, and that the Papers must also be burnt; on which the s'd George was sentenced to Death. On the nigher approach to their Execution, the s'd Molly I am Informed, has been Frequently heard to say that George was Innocent, as far as she knew, CALENDAR OF STATE PAPERS. 335 of having knowlidg of the burning the house. I was yesterday at the Court House. She Express'd a desire to speake to me-I went to the Prison window; she there Told me that her husband, George, was Inno- cent of the Crime as far as she knew, and did not know how she came to Crimonate him. What her motives may be for Retracting, I know not. I only mean to Resite Facts to your Honours as they appear to me; and although the s'd Molly was not admited as a witness on the Trial of the s'd George, what she had say'd so corresponded with the Testimony of Ben, did not altogether loos its weight with me. I have long been acquainted with Ben, the witness, and have but a pore opin- ion of his Integrity. I am therefore of opinion that the life of a man is Sacred, and aught not to be Touch'd Except on the most Claire and unequivocal Testimony. On mature Consideration I confess my Doubts on the occation, and mean to Reflect on no Person's Judgement but my own. "I have Thought it my Duty to give this Information to your Honours. His life is in your hands. Dispose of it in what way your Wisdoms may suggest, I shall be satisfyed. "I am, with all Due Esteem, "Your Honours' most ob't & Humbl. Serv't, "WILLIAM PICKETT." PETITION OF THE INHABITANTS OF FAUQUIER COUNTY TO THE GOVERNOR. To the Hon'ble Beverly Randolph, Esq., Governor of the Common- wealth of Virginia, and the members of the Privy Council, The petition of the inhabitants of Fauquier humbly sheweth: That sometime in the present year, the dwelling house of Charles Marshall was voluntarily and maliciously set on fire and consumed; that the culprits, a negro wench, the property of the said Charles Marshall, and a negro Fellow, the property of Thomas Maddox, have since been apprehended, and upon full proof of their guilt, been condemned by seven Justices of the Court of Fauquier to suffer death. That your Petitioners have been informed that a petition is now handed about praying for a reprieve from the Executive for the life of the said negro man, who is condemned upon satisfactory proof of his guilt when abstracted from the confession of his wife, who pleads guilty and was condemned from her own confession. Your petitioners conceive that from the character and conduct of the said negro man since his confinement, that should he be pardoned, offences of a similar nature wil probably thro' his means be perpetrated upon others, that having once been prevailed upon to commit so dangerous a crime, should he now go unpunished (with a 1791. July 20 336 CALENDAR OF STATE PAPERS. 1791. July 2d total deprivation of character & his resentments rancling in his breast), it is probable the lives of such witnesses as appeared against him will fall a sacrifice to his malice, and the property of all persons giving him or his abettors offence will be placed in a very precarious situation. Your Petitioners therefore submit to your Honors, if a pardon ought to be granted the said negro man, & will ever pray for the peace & dig- nity of the Commonwealth. James Bell, Rich'd McChichister, Dudley Digges, Francis Brooke, Jos. Wethers, Elias Edmunds, j'nr., Iss. Pawling, Thos. Roy, Elias Ed- munds, Gustavus Horner, John Bell, John Turner, Gideon Johnston, W. Fitzhugh, George Lowry, Thos. Vetson, Wm. Horner and Orrick Chilton. To the Honourable, the Governor and Council of Virginia: We, your Petitioners, humbly sheweth, that whereas a negro man-slave named George, the property of Mr. Thomas Maddux, is now under sentence of Death by the worshipful Court of Fauquier, for be- ing accused of being privy to the burning of Mr. Charles Marshalls' House, of the County aforesaid. Your Petioners being sensible from the character of, together with the small Confidence we Repose in the Evidence produced against him, that the said George is innocent of the crime laid to his charge, and on the part and in behalf of the said male- factor, do beg Mercy and Forgiveness at your Hands; the only evidence against him was a negro man named Benjamin (the property of Mrs. Rossee), who said six or eight months past he heard said George say that Mr. Marshall's house must be burned, and the said Benjamin (im- mediately after the Court adjourned), whose character being made notorious, was order'd by one of the Justices of the Peace thirty-nine stripes. These considerations together with the great value of the life of man (the Innocent in particular), are the motives inducing your Humble Petitioners to trouble your Honours with this Petition, plead- ing for mercy and forgiveness, and your Petitioners shall ever most humbly pray. Sam' Watson, William Stewart, Eppa Timberlake, Linny Edwards, Andrew Ohanyon, John Waller, Cuth. H. Scott, Enoch Wm. Strange, Wm. Jones, John Churchill, sa'r, Hy. Hampton, Alex. Lyon, Wm. Lyon, snr. ? To His Excellency, the Governor of Virginia: This is to certifio that George, a negro man-slave, the property of Mr. Thos. Maddux of Fauquier county, who now stands sentenced to be hung was in my possession one year before the said Thomas Maddux purchased him (during which time I never had any reason to charge him, the s'd negro George with any kind of misconduct whatsoever), and CALENDAR OF STATE PAPERS. 337 have lived a near neighbour to Mr. Maddux ever since he has been in pos- session of s'd negro George; during his bean Mr. Maddux's slave I have never none him to be charged with any disorderly Conduct in any one respect or other, and I do believe from the knowledge I have of negro Ben, whose Testimony condemn'd George to be hung, that George is positively Clare of the charge given him by negro Ben. From my knowledge of s'd negro Ben, who lives within a mile of my Residence, and has for many years; S'd Ben openly Professes To be a congerer, and I believe him to be a notorious villian and that it is his General character by every one that ever I heard say anything about him, and I believe what Ben give in testimony against negro George was thro' predi- giss, for to my positive knowledg, and others, he, the s'd Ben told two stories in giving in his Testamony at the bar. EPAPHRODITUS TIMBERLAKE, In the fiftieth year of his age, Fauquier County, 6 June, 1791. "To the Hon'ble Beverly Randolph, Esq., Governor of the Commonwealth of Virginia, and the members of the Privy Counsil, the Petition of the Subscriber, Justices of the County Court of Fauquier, humbly sheweth: That we were summoned to attend a call Court, for the trial of a negro woman, the property of Thomas Maddux, who was arraigned & tried for having voluntarily & maliciously set on fire and consumed the dwelling house of the said Charles Marshall. That we the subscribers, did with caution and deliberation examine the testimony adduced, and were then most decidedly of an opinion. that both the said slaves were guilty, & therefore passed judgment of death against them, & that no mitigating circumstance has since been made known to us, by which that judgment is by any means to be impeached. That Thomas Maddux, the master of the man slave, has applied to some of the subscribers to Petition the Hon'ble Executive to Reprieve the said negro man, which has been refused, because they were of opinion that the s'd negro was guilty, and thought a pardon granted for an offence of that sort would have a dangerous tendency among the slaves in the neighborhood, & that similar offences might be committed by the said negro man. That the other subscribers to whom no application has been made by the said Thos. Maddux, would not sign the Petition, if presented for the same reasons. They therefore submit it to your Hon'ble Body, whether a reprieve ought to be granted, and will ever pray for the Peace and Dignity of the Commonwealth. "Edward Digges, Aylett Buckner, Jeremiah Damall, Thomas Diggs. 1791. July 2d 43 338 CALENDAR OF STATE PAPERS. 1791. July 20 Sir, + CHARLES MARSHALL TO WM. MARSHALL, RICHMOND. With request that if Wm. Marshall should be absent, Mr. John Mar- shall, (chief Justice,) is requested to open this letter and attend to the business. I am informed letters have been written to the Executive by Capt. Pickett, and Francis Triplitt, praying a reprieve for the negro fellow who is now under condemnation for burning my house. I am therefore under the necessity of again reminding the Executive of the dangerous situation in which I shall stand, should this be effected. The greatest objection these two merciful Gentlemen have to the Execution of George, is that the witness upon whose evidence he was condemned, does not deserve credit; that he was a fellow of bad character, a con- jurer, and fortune teller. The witness has long lived in this neighborhood, and as far as general report can establish credit, he stands unimpeached for veracity and integrity. He has lately pretended to be a fortune teller, for which he often receives a dram or some other trifle. This however was fully investigated on the trial, & still his credit was not in the opinion of Capt. Pickett & Triplett, impaired. An argument has been urged that the witness was an insurgent during the war, and attempted to levy troops, for which he received chastisement. This circumstance as far as it was true, was also known, I believe to the County in general; but I cannot conceive that to be an argument against his credibility. He did one evening when drunk, (as I have been informed,) propose to enlist one negro, for which he received a flogging. It has also been stated that the wench was not admitted as a witness, but still her confession has weight upon Capt. Pickett's mind, and induced him to condemn the fellow, & that she has since been heard to acquit George of being in any manner concerned. True it is she has at short intervals denied it. The owner of the fellow is the keeper of the Jail. Testimony bore very hard againt part of his family and he will not suffer any person to hold conversation with either of the criminals, without being watched. The family have also been heard to caution the fellow against a confession. They have therefore pre- vailed upon this wench to deny that her husband. was guilty, in order to obtain his reprieve. The wench has also been cautioned by the same persons against a confession, after she had made it in the fullest manner. I expect the conversation alluded to by Capt. Pickett, was a lesson taught them in order that it might be overheard by a person who was carried to the window by the owner of the man slave, & through that means made impressions favorable to a reprieve. I am strengthened in this opinion from a circumstance which happened. One of the guards who CALENDAR OF STATE PAPERS. 339 is a young man of very fair character, did at a dead time of night when the criminal had no reason to suppose any person was awake, overhear a conversation between them. They then each requested the other to restore my property, and by that means save themselves. This if thought necessary, can be proved. George at the same time, mentioned his confession could not avail any thing, as he could not be a witness against white people. Capt. Pickett & Colo. Triplett have with a great deal of caution, omitted mentioning the witness having been very intimate in Maddux's family for a considerable time past, and his being sent for a few days after their negro was apprehended, to consult in what manner his life could be saved. This however was in evidence on the trial, and confessed by the family. They have also forgot, when stating the evidence, one other very material circumstance in my estimation. That the witness the Sunday before my house was burnt, came to my wife and informed her the day on which it would be destroy'd and desired her to be cau- tious. He then described the persons who had the burning in contem- plation. When he was interrogated upon this subject in Court, his reason for not being more explicit by giving up the names, he said he thought the mode w'h he had fallen on would answer the same purpose, and he was afraid of being murdered had he mentioned the names. Enclosed you will receive two petitions, which I should be obliged to you to lay before the Executive immediately. I consider myself in danger of assassination, should this fellow escape to go at large in the neighborhood, irritated as he is against me. There may be a chance for me to obtain my property if they are not reprieved. Maddux will also send down a Petition stating the foulest falsehoods, and subscribed by a set of persons not knowing or caring what they did. I am y'rs aff't'y. Sam'l Coleman informs the Governor that he has examined the ac- counts of the superintendents at that place, and finds the condition of his Pay-Rolls correct. His account for "stocking 637 musketts, is two hundred, twelve pounds, six shillings & eight pence." For contingent purposes, "ten pounds, two shillings & four pence" still remain in his hands, &c. GEORGE JACKSON* TO GOVERNOR RANDOLPH. Complaining of the conduct of the High Sheriff of that County. In à suit for slander against himself, this officer had caused to be carried to *From all the information now at hand, this person must have been the great uncle of T. J. Jackson-(Stonewall Jackson). 1791. July 2d July 5th Point of Fork July 5th Harrison County ✰ 340 CALENDAR OF STATE PAPERS. of officers 1791. the jury, concealed in a tea-kettle, a quantity of ardent spirits with July 5th which they made merry over his case. The jury found a verdict in his Corruption favor, but set the damages at only seven shillings. Indisposed persons at the last elections had used this circumstance to his injury, by saying the County of Harrison was represented by a gentleman, whose charac- ter was valued at seven shillings. Having found this out only within the past ten or twelve days, he has thought it proper to report the facts to the Executive, and ask for redress in the premises, &c. July 6th LEIGHTON WOOD TO THE GOVERNOR. Richmond Having duly attended to the last and necessary business, in accord- Solicitor's ance with his previous letter to his Excellency, he now requests "per- mission to resign the office of Solicitor," sensible of the indulgence granted him in his last illness. office July 7th July 8th Richmond Council Chamber + J. PENDLETON TO THE GOVERNOR. Enclosing decree of the General Court in the matter of certain *State military officers claiming half pay and commutation under certain act or acts of the Gen'l Assembly, and requesting Instructions as to whether he shall take this decision to the "High Court of Appeals," &c. GOVERNOR RANDOLPH TO THE GOVERNOR OF PENNSYLVANIA. "Sir, I do myself the Honour to inclose you a copy of the opinion of the Attorney-General of this State upon the subject of your letter of the 4th ulto., demanding the delivery of Baldwin Parsons, Francis McGuire, and Absalom Wells, charged with forcibly seizing and carrying from the County of Washington in the Commonwealth of Pennsylvania, a certain free negro man named John, with an intention of selling him. *The following names appear on this list: John Minson Galt, Senior Field sur- geon; Thomas Carter, Surgeon of Cavalry under Colo. Dabney; Barron, heir- at-Law of James Barron; Gabriel Maupin, keeper of the Public magazines at W’ms- burg; John Nelson, late major in cavalry; Thomas Quarles, a Lieutenant in Col. Dabney's Legion; Wm. Graves, Cornet & Quarter-Master of cavalry in Dabny's Legion; James Markham, Captain in the Marine Service of State, and Thomas Quack, major in the Va. State Line, &c. CALENDAR OF STATE PAPERS. 341 Copied from the Records. } 1791. Your Excellency will readily perceive that the opinion of the first law officer of the State must preclude the Executive from taking any July 8th measures for apprehending and delivering the persons demanded by you. It is to be lamented that no means have been provided for carrying into effect so important an Article of the Constitution of the United States. This case will, however, we hope be the means of calling the Attention of the Legislature to a subject of such consequence. I am, Sir, with great Respect, &c. Attest: SAM'L COLEMAN, A. C. C. J. MADISON, President of the Board of Directors of the Hospital for July 9th Insane Persons, to Gov. RANdolph. Drawing on the Executive for supply of money necessary for the sup- Williams- burg port of the Hospital, and dwelling upon the absolute necessity for such aid. Enclosing also an acc't of fifty pounds in favor of "Richard Cole, as full compensation for himself and one guard," for bringing a lunatic from the County of Woodford (Kentucky at this time). JAS. INNES, ATTORNEY-GENERAL, TO THE Governor. July 10th «Sir, I do not think one Auditor is legally competent to discharge the Richmond duties incident to the office of Solicitor. The Law of 1785, for the re- form of certain public boards, empowers the Executive, sub modo, to devolve the functions of that Department on two Auditors in common with the Treasurer, but I am not acquainted with any act of assembly which capacitates one Auditor alone to act as Solicitor." E. Langham, Supt. P. of Fork, requests the Governor to order the July 11th payment of thirty pounds, being the sum necessary "to procure a ton Richmond of suitable iron.". 342 CALENDAR OF STATE PAPERS. 1791. near Alexandria 1 "Dear Sir, July 11th *It being the intention of the Commissioners to draw on you Hope Park for as much of the money granted by the assembly for the erection of the Public buildings, as they can be informed is ready. I am desired, previous to this step to make the enquiry from you. DD. STUART TO GOV'R RANDOLPH. July 15th Major L'Enfant is about drawing a model for the house of Legislature. I have mentioned to him the one sent in by Mr. Jefferson, which he desires to see. If there is no impropriety in it, I would beg you to send it to him by the stage. His residence is at Geo. Town. If not adopted it shall be returned immediately." I am Sir, very sincerely, Your most òbt. Servant. July 12th Sam'l Shepard, Clerk, enclosing to the Governor proceeds of sales of Richmond "Public Boats and Gosport Lands," in account with Leighton Wood, Solicitor, &c., and asking for receipt for the amount of said Sales-the funds having been deposited in the Treasury by said Solicitor, &c. H. KNOX, SECRETARY AT WAR, TO THE GOVERNOR OF VIRGINIA. "Sir, War I have the honor to inform your Excellency that the force destined Department for the offensive operations of the campaign northwest of the Ohio has been raised, marched, and the greater part arrived on the waters of the Ohio, and that the rendezvous will be at Fort Washington during the present month. The regular force which will be assembled, is considered as sufficient for the objects to be accomplished. But a more extensive combination of the Indian nations, and other circumstances not estimated, may render it otherwise. * The writer is here referring to the money voted by the several States for the erection of the buildings necessary at the new National Capital. Major L'Enfant was a distinguished Engineer who came over with the Count de Rochambeau. After serving in the Revolution, he was employed in laying off the City of Wash- ington, which he did under direction of Gen'l, Washington. The model here spoken of, was the same modified copy of the "Maison Carre," at Nimes, France, which had been sent by Mr. Jefferson for the proposed Capitol building at Rich- mond. There is no evidence it was ever sent as requested by Mr. Stuart. The present Capitol at Richmond was modeled from this building. CALENDAR OF STATE PAPERS. 343 1791. In this case the Commanding-General is authorized to call for such numbers and species of militia from Kentucky, as the nature of the case July 15th may require. The President of the United States has commanded me to make this communication to your Excellency, and request that if there are any measures on the part of the Executive of Virginia which would add efficiency to the call of the General, in case it should be made, that you would be pleased to issue the directions accordingly. I have the honor to be, Sir, with great respect, Your most humb. Serv't, &c., &c. Thos. Newton, J'n'r, informs the Governor that he has just returned July 18th "from the Cape." Mr. McComb is hard at work raising the stone, ac- Norfolk, Va. cording to contract. But he has great difficulty because of the sand, which rolls back into the excavations almost as fast as he removes it. This has to be done by means of wheel-barrows. The sand frequently has to be carried fifty yards in order to facilitate the work, &c. The cost will thus be much increased, and will have to be settled by "indif- ferent arbitrators." Mr. McComb talks sometimes of getting stone "from the quary"; but he encourages his perseverance in the present work, &c. GOV. THOMAS MIFFLIN, OF PENNSYLVANIA, TO GEORGE WASHINGTON, July 18th ESQ., PRESIDENT OF THE UNITED STATES. “Sir, I think it proper to lay before you, copies of the various docu- ments respecting an application which I have recently made to the Gov- ernor of Virginia, roquiring agreeably to the provision contained in the second section ef the fourth article of the constitution of the United States, that he would take proper measures for apprehending Francis McGuire, Absalom Wells and Baldwin Parsons as fugitives from Jus- tice, in order that they might be delivered up to this State, having juris- diction of their crime. The opinion which the Attorney-General of Virginia has given upon this subject, as far as respects the nature of the offence is inaccurate, and could not have been given with a previous knowledge of the law of Pennsylvania on the subject. For by an act of assembly, passed on the 29th day of March, 1788, the offence charged, in the several indictments, is rendered highly criminal, and the perpe- trators, on conviction in any court of Quarter Sessions (a Court of crim- inal Jurisdiction exclusively), are not only condemned to forfeit the sum of one hundred pounds, but are subject likewise to be confined at hard labor for any time, not less than six months, nor more than twelve months. Phila- delphia 344 CALENDAR OF STATE PAPERS. 1791. The fact charged therefore is a crime, made such by the laws of Penn- July 18th sylvania; partaking of the nature of a felony, it is certainly included in the Philadelphia constitutional description of "treason, felony or other crime," and altho' an action of trespass might be maintained in Virginia by the injured. individual to recover damages for his personal wrongs, yet it is obvious that no indictment, no trial, no conviction, no punishment in the public name could take place according to the provisions of our Legislature, but un- der the authority of Pennsylvania, within her jurisdiction, and in the County where the offence was committed. It is equally certain that the laws of the State in which the act is committed must furnish the rule to determine its criminality, and not the laws of the State in which the fugitive from Justice happens to be discovered. I mean not however, Sir, to enter into any further controversy upon this point, it is sufficient to explain it, But as the Attorney-General of Virginia has suggested another difficulty with respect to the mode of arresting persons demanded as fugitives from Justice, I have therefore thought the present a proper occasion to bring the subject into your view, that by the interposition of the Federal Legislature (to whose considera- tion you may be pleased to submit it), such regulations may be established, as will in future obviate all doubt and embarrassment upon a constitu- tional question so delicate and important. July 18th I have the honor to be, &c. EXTRACT OF A LAW OF PENNSYLVANIA ENCLOSED TO THE GOVERNOR OF VIRGINIA, BY GOVERNOR Mifflin. office Philadelphia "Section 7. And be it further enacted by the authority aforesaid, Secretary's That if any person or persons shall from and after the passing of this act, by force or violence take and carry or cause to be taken or carried, or shall by fraud seduce or cause to be seduced any negro or mulatto from any part or parts of this state, to any other place or places what- soever, with a design and intention of selling and disposing, or of caus- ing to be sold, or of keeping and detaining or of causing to be, as a slave or servant for term of years, every such person or persons, their aiders and abettors, shall on conviction thereof in any Court of Quarter ses- sions for any City or county within this Commonwealth, forfeit and pay the sum of one hundred pounds to the overseer of the poor of the City or Township from which such negro or mulatto shall have been taken or seduced as aforesaid, and shall also be confined at bard labour for any time not less than six months nor more than twelve months, and untill the costs of prosecution shall be paid." CALENDAR OF STATE PAPERS. 345 "Sir, 1791. "I certify that the foregoing is a faithful extract from an act of the General Assembly of Pennsylvania entitled an act to explain and July 18th amend an act entitled an act for the gradual abolition of slavery, passed on the 29th day of March, in the year 1788." "A. J. DALLAS, Secretary." GOVERNOR MIFFLIN TO GOVERNOR RANDOLPH. "I received your Excellency's letter, inclosing the opinion of the Attorney-General of the state of Virginia, upon the Constitutional requisition which I made for apprehending and delivering up Francis McGuire, Absolom Wells, Baldwin Parsons, as fugitives from the justice. of Pennsylvania, and I have submitted the subject to the consideration. of the President of the United States, in hopes that by an interposition of the Federal Legislature, the difficulty with respect to the mode of arrest may for the future be removed. As I do not mean to involve the States in any further controvesy on the present occasion, I shall not trouble your Excellency with a minute discussion of the other points contained in the opinion of the Attorney- General, but as matter of explanation and information, I think it proper to transmit to you a copy of the letter which I addressed to the President, and an extract from a Law of Pennsylvania, relative to the offence with which McGuire and his associates are charged." I have the honor to be with perfect respect, Sir, · Your most obed. & most H'ble Servt., &c., &c. "Know all men by these presents, that I, John Pendleton, Nathan Anderson, John Mayo, William Foushee, and Bernard Markham, are held and firmly bound unto Beverly Randolph, Esquire, Governor of the Commonwealth of Virginia for the time being, and to his successors for the use of the said Commonwealth, in the just and full sum of ten thou- sand pounds current money of Virginia; to which payment well and truly to be made to the said Beverly Randolph, or his successors, his or their attorney, for the use of the said Commonwealth as aforesaid, we bind ourselves jointly and severally, our joint and several Heirs, Execu- tors and Administrators, firmly by these presents, sealed with our re- spective seals, and dated this 20th day of July, in the year of our Lord, one thousand seven hundred ninety-one. July 19th Phila- delphia July 20th New Kent County John Pen- dleton made Solicitor, and bond given 44 346 CALENDAR OF STATE PAPERS. 1791. Whereas by an Act of the General Assembly, entitled "An act to July 20th amend the several Acts of Assembly concerning naval officers and the New Kent collection of Duties," it is enacted That the Solicitor shall enter Bond, with sufficient securities payable to the Governor for the time being, in the sum of ten thousand pounds, conditioned for the faithful perform- ance of the Duties of his office, and for the paiment of public monies by him received; and whereas the said John Pendleton, J'n'r, hath been appointed Solicitor as aforesaid, now the Condition of the above obli- gation is such, that if the said John Pendleton, J'n'r, shall well and truly and faithfully perform the Duties of his said office as solicitor as afore- said, in all matters and things touching the same, and especially shall well and truly and faithfully pay, or cause to be paid into the Public Treasury, or to any Person legally appointed for that purpose, all monies by him received in the course of his office for public use, and especially such monies as may be received under the above recited Act, then this obligation shall be void, but otherwise remain in full Force & Virtue. . JOHN PENDLETON, NATHANIEL ANDERSON, JOHN MAYO, W. FOUSHEE, BERNARD MARKHAM, Sealed and Delivered in presence of— Att. J. CARTER, J'N'R. "Oath of fidelity: "I, John Pendleton, do solemnly promise & swear that I will impartially & honestly execute the duties of the Office of Solici- tor, to which I have been appointed, according to the best of my skill & Judgment. So help me God." “At a Court for New Kent County, the 14th day of July, 1791: "John Pendleton, Gentleman, produced to the Court his appoint- ment to the Office of Solicitor-General of this State, and was thereupon sworn according to law. "A copy: "WILL. CLAYTON, C. N. K. C." July 20th EDMUND RANDOLPH, ATTORNEY-GENERAL, TO PRESIDENT WASHINGTON. Sir, Phila- The Secretary of State yesterday submitted to me by your in- delphia structions, copies of the letter from the Governor of Pennsylvania to you, CALENDAR OF STATE PAPERS. 347 & of his correspondence with the Governor of Virginia, on the demand of Francis McGuire, Baldwin Parsons & Absalom Wells as fugitives from Justice. This demand is founded on that article of the federal constitution, which directs that "a person charged in any State with treason, felony or other crime, who shall flee from Justice and be found in another State shall on the demand of the Executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime." He must be charged. This term is sufficiently technical to exclude any wanton or unauthorized accusation from becoming the basis of the demand. It would, in the language of mere legal entries, be applicable where a bill has been found by a grand jury. It must be interpreted under the constitution, as at least requiring some sanction to be given to the suspicion of guilt by a previous investigation. In the present instance, a grand jury convened before two of the justices of the Su- preme Court of Pennsylvania have made it, and thus have furnished a ground for bringing the foregoing persons to a formal trial. Should such a proceedure as this be declared incompetent as a charge, the ob- ject of this article in the constitution must be either defeated or be truly oppressive. For between an indictment and an actual trial, there is no intermediate examination of the fact; and to wait for the condemnation of an absent culprit before a demand, would compel a judgement to be rendered behind his back. Outlawry indeed may be practiced some- times, but it cannot be always pursued, and even where it is pursued, it stamps the offence with no higher appearance of truth than a true bill received from the grand jury. The person charged must be also charged with a crime. That the supposed conduct of McGuire & others is a crime under the laws of Pennsylvania; the very respectable Attorney-General of Virginia has not been informed. It is punishable by a fine & hard labor. The first process is a capias. Outlawry is inadmissible on it, & the offender cannot appear by his attorney. Some doubt may perhaps be entertained, whether according to a known rule of construction, the words "or other crime," being associated with treason & felony, ought not to be confined to crimes having some quality common to them & treason and felony. Such a common quality does not exist, unless it be that of felony itself. Why then are the words "or other crime" added, if felonies alone were contemplated? In the penal code of almost every state, the catalogue of felonies is undergoing a daily diminution. But it is not by the class of punishment that the malignity of an offence is always to be determined. Crimes going deep into the public peace may bear a milder name & consequence; and yet it would be singular to shelter those who were guilty of them, because they were not called and punished as felonies. .1791. July 20th 348 CALENDAR OF STATE PAPERS. 1791. July 20th The person charged with a crime must also flee from justice. Some species of proof is indispensable, otherwise the most innocent citizen may be carried in chains from his own to another state. It cannot be denied that every assertion of a Governor ought to produce assent, But upon a judicial subject, testimony according to the judicial course, is alone adequate, & the demand is the only thing which is referred to an executive absolutely. The Governor of Virginia is responsible for the just use of his discretion; & if he should yield to the informal evidence, he must yield at his peril. With every respectful deference, therefore for the communications of the Governor of Pennsylvania, he ought to exact the return of a public officer on some process, or an affidavit, before he takes measures for apprehending McGuire & others. On this occasion however, the Governor of Pennsylvania builds his demand on the documents trans- mitted to the Governor of Virginia, not one of which has the semblance of proof that they do flee from justice. Permit me too to observe, Sir, that the Governor of Pennsylvania is perhaps not apprised of a fact which the protho. notary of the supreme court of Pennsylvania has this moment stated to me in writing, to-wit: that in the spring of 1790, he issued writs of capias against them; that it was returned that McGuire & Parsons were not found, and that Wells was taken and committed, & that nothing was done at the last session in those cases. Now this is no complete proof that even McGuire and Parsons have fled from jus- tice. It manifests that Wells has not fled, and it evinces the necessity of caution in branding a man as a deserter of a fair trial. The person charged with a crime must not only flee from justice, but he must be found in another state. At first it may seem unimportant, whether he be so found or not; because if he be not there, he can sus- tain no injury from an arrest. I will not decide how far his character may suffer, if he be proclaimed throughout a state as a fugitive, when he may never have entered it; nor yet what other inconveniences he may undergo. But if the probability of these be striking, he ought not to be hunted for by public authority at random. The expence, although afterwards repaid, and the trouble, which cannot be avoided in the pur- suit, ought not to be carelessly thrown on a sister state. Hence it is made a prerequisite to a demand, that the culprit shall be found in the state; that is, that some satisfaction be given, that government will not be put upon a frivolous search. In this case, no legal exhibit is shewn to this effect; nay, it is presumable that Wells remains in the custody of Pennsylvania. The person charged with a crime, fleeing from justice, and found in another state, is to be delivered up to be removed to the state having jurisdiction. In this place I am compelled to differ from the Attorney- General of Virginia in two points. He is pleased to affirm that to sup- port the demand, "There must be a defect in the jurisdiction of the CALENDAR OF STATE PAPERS. 349 → state from which the demand is made, & an exclusive jurisdiction in the state making the demand," and that "the Executive of Virginia cannot comply with such demand, until more additional provisions by Law, shall enable them to deliver up the offenders." It is notorious that the crime is cognizable in Pennsylvania only; for crimes are peculiarly of a local nature. Therefore his two conditions are here fulfilled: namely, a defect of Jurisdiction in Virginia, & an exelusive jurisdiction in Pennsylvania. But if it were conceived that Virginia might chastize offences againt Pennsylvania, or that an action might be maintained in Virginia, for what is a crime in Pennsyl- vania, it would not follow that the latter could not demand a malefactor from the former, for the clause in the constitution was obviously dictated by a wish to prevent that distrust which one state would cer- tainly harbor against another in situations so capable of abuse. Besides. it corresponds with the words of the constitution if the state demand- ing, has a jurisdiction; although it might not be an exclusive one. And these observations would have equal weight, if the federal courts in Virginia could animadvert on crimes arising within the limits of Pennsylvania. But the Constitution directs that trials "shall be held in the state where the crime shall have been committed.” I differ farther in not discovering the disability of Virginia to deliver up the offender. It has been sometimes fancied that by delivering up, is meant only that the State from which the demand is made, should express an approbation that they may be apprehended within its terri- tories. But as a State cannot be said to deliver up, without being active, and it might disturb the tranquility of one State, if the officers of an- other were at liberty to sieze a criminal within its limits; the natural & safe interpretation is, that the delivery must come from Virginia. To this duty the executive of that State offers no objection, but they contend that her own Constitution and laws and those of the U. States being silent as to the manner & particulars of arrest & delivery, they cannot as yet, move in the affair. To deliver up is an acknowledged federal duty, and the law couples with it, the right of using all incidental means in order to discharge it. I will not inquire bere how far these incidental means, if opposed to the constitution or laws of Virginia, ought, notwithstanding, to be exercised; because McGuire & his associates may be surrendered without calling upon any public officer of that State. Private persons may be employed & clothed with a special authority. The Attorney-General agrees that a law of the United States might so ordain, & wherein does a genuine dis- tinction consist between a power deducible from the constitution, as incidental to a duty imposed by that constitution, & a power given by Congress as an auxiliary to the execution of such a duty? Money in- deed must be expended, & a State may suspend its exertions until the preliminary proofs are adduced. I cannot undertake to foresee whether 1791. July 20th 350 CALENDAR OF STATE PAPÉRS. 1791. July 20th July 21st Phila- delphia the expending State will be reimbursed. If the constitution will uphold such a claim, it will doubtless be enforced. If it will not, it must be remembered that that instrument was adopted with perfect free will. From these premises I must conclude that it would have been more precise in the Governor of Pennsylvania to transmit to the Governor of Virginia, an authenticated copy of the law declaring the offence; that it was essential that he should transmit sufficient evidence of McGuire & others having fled from the Justice of the former and being found in the latter; that without that evidence, the executive of Virginia ought not to have delivered them up; that with it, they ought not to refuse. The Governor of Pennsylvania, however, appears to be anxious that this matter should be laid before Congress; & perhaps such a step might content all scruples. But at any rate, I can find no obligation nor pro- priety which can warrant the interposition of the President at this stage of the business. A single letter has gone from the Governor of Pennsylvania to the Governor of Virginia. A compliance has been denied, & the denial has proceeded from a deficiency of proof in two instances, from a misapprehension of fact in another, & probably unten- able reasoning in some others. This deficiency then, ought to be sup- plied by the Governor of Pennsylvania, and the fact which has been mistaken, placed on its true footing. As to any inaccuracy of reason- ing, the President can do no more than shew to the Governor of Vir- ginia where it lies; he cannot be authoritative, nor would he, I presume, even if he had power, choose to exercise it until every hope should be lost of convincing the judgment of the State. But this argumentative intercourse belongs to the Governor of Penn- sylvania, and ought to be managed by him until the prospect of satis- faction shall disappear. At such a period, it may perhaps be reasonable for you to interfere; but now to interfere, would establish a precedent for assuming the agency in every embryo dispute between States: whereas your mediation would be better reserved until the interchange of their sentiments & pretentions shall fail in an accommodation. I have the honor to be, &c. Sir, COLONEL WILLIAM DAVIES TO GOVERNOR RANDOLPH. Your Excellency's favor of the 14th inst. has been received with the papers inclosed. Williamson does not go far enough in his informa- tion, as he mentions neither the counties assigned to him nor the quan- tities, nor kinds of supplies he received & distributed. At some leisure moment it would be well if he would particularize these circumstances, particularly the first. CALENDAR OF STATE PAPERS. 351 ? 1791. I believe in a former letter, I mentioned that concerning the value of the property destroyed at Norfolk, a proper debit against the United July 21st States, I had selected from the Auditor's Books the several entries under that head, and had carefully collected every paper in the Executive & Legislative offices which respected it, particularly the letters of Genc- rals Lee & Howe advising & urging the measure. These & other impor- tant papers on this subject I have here with me. The account Mr. Hay mentions to have stated the quantity of tobacco destroyed by the British, I find in the books of the Commercial agent, to which he referred; but it will be better to keep out of view in this business the connexion of that office with this tobacco, as otherwise it will with justice be alleged that it was never intended for the continent (U. States), but wholly for State disposal. I shall, however, by another opportunity enclose a copy from the commercial books with a view of obtaining an authentication of its destruction from other quarters, especially as a great number of hogsheads of public tobacco were rolled into the river at Fredericksburg by the express orders of General Weedon. I have examined the papers sent forward with young Mr. Claiborne, and am sorry so much time has been employed at such expense to so little purpose, as a very small part of what the papers contain can be of the least service. What I wished for, was a copy of the credits Vir- ginia appeared upon Mr. Munford's books, which should not have em- ployed one person a week at the utmost to have completed. The gen- tlemen, however, have gone a great deal farther, and have sent the accounts & vouchers of the issuing commissaries not only in Virginia, but in Carolina, as among others. I find the issues of the Continental commissary at Wilmington. I know nothing particular of the transaction or contract with Hunter, Banks & Co., respecting the cannon mentioned in your Excellency's letter of June 13th, nor do I find anything on the books of the war office about it. I have, however, some faint idea of having had something to do with Mr. Banks on some such subject, and it runs in my mind it was for the purpose of a valuation. Possibly he may be able to be more explicit as to dates than your letter mentions, as it would save a great deal of time in searching. As this will go by a private hand, should anything appear on this head before sealing it, I shall enclose it. I have the honor to be, Your Excellency's most obed. Serv't. 352 CALENDAR OF STATE PAPERS. 1791. J. PENDLETON, SOLICITOR, TO THE GOVERNOR. July 21st Enclosing list of delinquent sheriffs' accounts from twenty-nine Coun- Solicitor's ties, for the several consecutive years, from 1784 to 1791. Although these officers bad levied on every species of property liable, they had not been able to collect the taxes for "want of buyers." office July 22d Lighthouse at Cape Henry July 27th Auditor's office July 28th Treasury office 2 JOHN MCCOMB, JUNIOR, TO THE Governor. Sir, I have the honor of acknowledging the receipt of your Letter of the 15th, respecting the materials formerly deposited on this place. I have been much deceived in the depth of the..stone, as I was informed that they lay within 8 or 10 feet of the surface; but I find them from 10 to 25 feet under the sand. I have raised about 100. perch, which has cost £187, 10s; being informed that might be raised at a lower rate than new ones would be brought for, I made no contract to get them from-else- where. So that I shall be obliged to raise as many as will lay the foun- dation of the Light-House, and will then stop, unless I find them nearer the surface, as I can have stone brought at lower terms. -1. I have the honor to be, with duc esteem, Your Excellency's most obed't & hum. Serv't, &c., &c. J. PENDLETON TO THE GOVERNOR. Sir, Having just taken possession of the public books prior to '87, which have been so long in the hands of the late Solicitor (Leighton. Wood) and apprehending they are not in the condition I might have expected to find them; Regard to my own reputation impels me to request the hon'ble Executive will be pleased to appoint a Comm'ee of the Board to inspect the books of the Auditor's Office prior to s'd March, '87, which were by law committed to the hands of the late Solicitor. I have the honor to be, with respect, ་ Your Ex'y's much obliged & ob't Serv't. J. AMBLER TO THE GOVERNOR. Sir, In compliance with the directions prescribed by the act entitled "An act to remedy abuses in the manner of selling Lands for the pay- CALENDAR OF STATE PAPERS. 353 > ment of Public Taxes." I transmit the certificates of the Commis- sioners, which have been two years returned to this office for Lands pur- chased by them in behalf of the Commonwealth, and which still remain unredeemed. * I am with great respect, Your Excellency's most obed't Servt. Samuel Coleman, Clk., reports to the Executive the number of militia returns forwarded from the Counties of Essex, Charles City, Orange, Norfolk Borough, Campbell, New Kent, Chesterfield, Louisa, for the spring of 1791. The County Lieutenant of Chesterfield makes oath that no fines have "come into his hands by virtue of his office" anterior to the 20th of May last. The commanding officer of Norfolk Borough has sent his list of Fines assessed in April last. J. PENDLETON TO THE GOVERNOR. Requests an order for fifty pounds to be paid to Mr. Samuel Shepard, to defray the expence of sending out executions and notices against public debtors. 1 TH. JOHNSON, D'D STUART, AND DAN'L CARROLL TO GOVERNOR Bev- ERLEY RANDOLPH. 1. Sir, We are very sorry to see by your letter of the 25th of last month to Doct'r Stuart, that the State of your Treasury gives any apprehen- sions of its inability to answer our Occasional drafts. The President's letter of the 13th April, from Richmond, and other Intercourse, did not suffer us to fear any Embarrassment for the current expences on account of the federal City. We are now so circumstanced 1791. July 28th July 30th Council office IN COUNCIL. The committee appointed to visit the public offices requested to inspect August 2d the books of the Auditor's Office, prior to the first of March, 1787, In Council which were by law committed to the hands of the Solicitor, and report to the board. Aug. 2d Solicitor's office Aug. 2d George Town 45 354 CALENDAR OF STATE PAPERS. 1791. that we must in a little Time pay about six thousand Dollars, nor can it August 2d be omitted without discrediting the undertaking. Unwilling as we are to add to Difficulties, we cannot but take the chance of a better State of the Treasury, and have drawn on you in favor of William Deakins, our Treasurer, for six thousand Dollars, and begg that if it can be done it may be honored; if it cannot, we shall be under the necessity to raise the money if we can by private Credit, for in this Stage the business would be very much hurt by a want of punctuality. In treating your best offices, August 3d We are, Sir, Your mo. Obed't Serv't. SAM'L COLEMAN TO THE Governor. Sir, The papers put into my hands for examination from Kentucky, consist of a pay-roll and muster-rolls to support it, according to the in- structions of the Executive of the 29th of December, 1790, of Captain Cook's company of Rangers, ordered into Service by General Scott under the aforesaid Instructions; a pay-roll & muster-Roll of Captain Ashby's company; A Pay-roll & muster-Roll of Captain McMurtey's Company, and a Pay-roll & Muster-Roll of Lieutenant Hodges' com- mand—the muster-rolls proved by the Oaths of the officers commanding the several Detachments and signature of General Scott. The number of men employed amount to 200-of course less than the number au- thorized; to the command of which a major has been appointed, whose amount of Pay & Rations is marked No. 5. Capt. McMurtey's account of retained rations, No. 6, is properly authenticated; No. 7 contains claims against the commonwealth which do not appear to be authorized by the acts of the Executive, above mentioned, unless they can be con- strued as part of General Scott's necessary expences; No. 8 is the ab- stract and vouchers for the Rations, which appear to be in number 9005 to which perhaps may be added 1123, which were annexed to one of the muster Rolls; this, however, is doubtful-I make the number neces- sary for the support of the troops to be 10,963. No. 9 is General Scott's own account, which is not authorized by the Executive, but the pay- ment of such expenses as he might necessarily incur in calling into ser- vice the aforesaid troops, was directed. 2. 1 I have the Honor to be, Sir, Your most ob't Servant. CALENDAR OF STATE PAPERS. 355 WM. HENDERSON TO GOVERNOR BEVERLEY RANDolph. Relating to the Sheriffalty of Campbell County. The commission of August 3d Mr. Stith as Sheriff, he supposes obtained by misrepresentation. "Sir, JAMES INNES, ATTORNEY-GENERAL, TO THE GOVERNOR. HARRY HETH TO THE GOVERNOR. August 4th Relating to the Tobacco in his hands; that it will be impossible to Richmond dispose of it by private sale. There is about "40,000 pounds of Trans- fer Tobacco in Crop notes, laying at the different Inspections of Rapp'k & Powtomack Rivers & a small proportion on this & York River.” This Tobacco unfit for market by private sale-Asks instructions as to its sale by Auction. I am respectfully, Sir, 1791. Y'r most ob't Servt. Campbell County I have revised the act of assembly passed in the Fall Session of Richmond 1787, from which you made an Extract in your letter of yesterday. That law is improperly punctuated, and from that circumstance, I pre- sume the doubts of the Executive as to the purport and extent of the word damages must have arisen. The first proviso in the 5th section enables the proprietors of lands sold for the payment of Taxes to redeem them by paying into the Treasury the amt. of the Commissioner's cer- tificate within six months after such certificate shall be delivered to the Treasurer, with twenty-five per centum damages on the amount thereof, or within two years thereafter by paying double the amt. of such certifi- cate. The second proviso directs that if such payments be not made within two years from the time that such certificates shall be paid to the Treasurer, in that case the Executive shall cause such lands to be sold to pay the amount of the debt due the public, with damages and expenses of sale, or in other words; to pay the amt. of the debt, with the damages due the public, and the expenses of sale. By affixing a comma after the word damages, it becomes disconnected with the expenses of sale, and thereby has retrospect to the twenty-five per centum which the law in the first indulgence held forth; obliges the defaulter to pay by way of damages for withholding the public revenue. Under the interpretation of the law, and I hold it to be a just one, the lands alluded to must be sold to pay the debt due the public, with twenty-five per centum accruing thereon, by way of Damages, and the expenses legally resulting from the sales thereof; the residium, if any, to go to proprietors. August 4th 356 CALENDAR OF STATE PAPERS. 1791. August 5th Dear Sir, August 5th I have received your letter, accompanied with the draft of Alexandria the Public buildings, and return you my thanks for your kindness. As soon as Major L'Enfant is done with it, I will return it. At a late meeting of the commissioners, I informed them of your communication respecting the low state of the treasury. We are, I assure you, in a very embarrassing situation for want of money. The surveyors, with their assistants and about forty men who have been employed in opening streets, ever since the spring, have received but little pay yet. Much is still to be done previous to the sale of lotts. Unless we can satisfy them in some degree, we must expect to lose them. I learn clamors will soon be published, and besides discouraging others, will furnish a rich subject of triumph to those who still affect to treat the residence on the Potomac as chimerical. This being our situation, we have thought it best to send you our draft, and take the chance of the first money which might come into the Treasury, hoping withall, it might possibly be sooner than you have expected. Would it not be practicable to get the three Southern states to contribute a little towards the build- ings? I cannot but think it just and reasonable that they should, as the measure of fixing the residence of Congress in so southern a position, was dictated as much by the consideration of accommodating them, as us. With compliments to Mr. Randolph, Richmond DAVID STUART TO GOVERNOR BEVERLEY RANDOLPH. I am, D'r Sir, very sincerely, Your ob't Servt. COL. ED. CARRINGTON TO GOVERNOR RANDOLPH. Sir, It appears to be the opinion of the district heretofore represented in the Senate by Gen'l Edward Stevens, that it would be proper for me to give an official certificate or notification to your Excellency of his acceptance of an office under the Federal Government. I do not sup- pose that this would be necessary for the ascertainment of a fact, which his exercise of the office of Inspector of the Revenue must unavoidably give daily proofs of, yet in conformity to a request which has been made, I now hereby do myself the honor to inform you that General Stevens. has been appointed to the above office, that he has accepted it, and is now acting under it. I have the honor to be with great respect, Sir, Your most obed. S't. CALENDAR OF STATE PAPERS. 357 WILL. DEAKEN, JR., TO GOVERNOR BEVERLEY RANDOLPH. Your ob't Servt. Sir, I have by this day's post, forwarded a letter to you from the com- August 10th missioners appointed by the President, on the subject of the order, which I now enclose, and for the amount of which I shall draw on you for smaller sums for the convenience of Negotiation here, which drafts will be drawn p'ble 10 days after sight, as it may be a convenience to your Auditor. I am, Sir, ADAM CLEMENT TO THE Governor. 100 Requests the Governor to send his commission as Sheriff, so that he may take place next Court," or an answer so that he may know the Governor's determination. SAM'L COLEMAN TO THE GOVERNOR. It is submitted, Sir, how far it may be proper to do away the impres- sion made by the letter to Col. Posey,, addressed to him on the subject of this certificate, to the prejudice of Mr. Jones. 1791. John Steele and Miles Selden, committee to examine return of war- August 11th rants issued by the Auditor from 1st January to 25th July, of this year, report them as corresponding with the necessary vouchers, & entries, &c. I have the honor to be, Your most obed. Servt. George Town Order enclosed in this letter Aug. 10th Campbell County Sir, I do myself the honor to inform you that by the acknowledgment Richmond of Mr. French Strother, he received the Certificate of Reuben Huffman of Mr. Charles Jones, and Mr. Strother says further, that he delivered the said Certificate to a Mr. Daniel Field, in order to its being delivered to the said Huffman. Field says, according to Strother's information, that his father bought the certificate of Huffman, which Huffman denies. Aug. 12th 358 CALENDAR OF STATE PAPERS. 1791. Aug. 12th Sweet Springs Aug. 13th Campbell County Aug. 15th Botetourt County Aug. 20th J. DAWSON TO GOVERNOR BEVERLEY RANDOLPH. A Sir, It is with sorrow I inform you of the death of the hon'ble C. Bul- lett; an event which took place on the 8th inst. at the Warm Springs, in the County of Bath. I have honor to be, Your Excellency's most Obed't Serv't. RICHARD STITH TO GOVERNOR BEVERLEY RANDOLPH. Relating to the recommendation by the County Co. of Campbell County, of Henderson, Stith, and Clement for the office of Sheriff. In his petition, he makes request as follows: "Let Henderson continue till next March Court, then Stith take place, and continue til September, 12 months following, and then Clement to take place at right time of year. GEO. SKILLERN TO GOVERNOR BEVERLEY RANDOLPH. Relating to a recommendation of magistrates by the County court of Botetourt County, made in the month of May, 1791. Apprehends that his letter to the Governor on the subject has miscarried or been lost, as no commissions had been received. GENERAL CHARLES SCOTT TO THE GOVERNOR OF VIRGINIA. Sir, Woodford I have the honor to receive your favour of the 2d May, (the 25th County of July). I have to say in answer, that I have don everything in my Kentucky power to obtain such a statement as you require, from the moment the business was taken up by the Federal government. But the awkward- ness of some and the inatention of others, has forbid my doing it to this day; nor have I been able to get the returns in any shape whatever notwithstanding my frequent repeated applications. Jefferson has not sent in neither its strength or the account of the guards, without my authority could be extended to arest & bring to Immediat tryal. I am sure I never shall be able to do the Duty required. I bave sent by Mr. Fowler an acc't of all the expenses that I have been able to procure at CALENDAR OF STATE PAPERS. 359 " 1791. that time, & shall as soon as possible forward the whole together with our strength, as also the Depredations Committed on our frontiers, as Aug. 20th you wish. Notwithstanding the vigorous exertions that has been made against the savages on the north west of the Ohio, they have been con- stantly on our frontier in some or other place. As late as the 6th Inst., they had surounded the Post at the great bone lick; the officer at that place sends me by express, who passed out in the night for a Reinforce- ment to enable him to do the Duty Required. The 15th inst. Gen. St. Clair calls of the whole of the guards; this would not only break up that valuable salt work at the great bone lick, but Destroy a powerful settlement now about to be made in that quarter, & Distress the Inhabi- tance amasingly. Under these considerations, together with the earnest solicitations of Respectable Characters, I have thought proper to con- tinue a guard of an Officer & 25 men at the Lick, by authority of the State Government, which I hope and trust will meet your approbation. We have now out under the command of Gen'l Wilkinson 700 mounted volunteers their object is that great town Kekiah, on the Wabash; they are hourly expected to return. The Grand Army under Gen'l St. Clair moves about the 1st Sept'r; about the 8th of the same month, I shall move with a large body of mounted Infantry volunteers—these exertions I hope will soon make it unnecessary to continue any guards in our quarter. I do myself the honor of forwarding to your Excel- leney for your particular satisfaction, an acc't of my late expedition against the Indian towns, Weaw & Kithlepohenonk & its neighbouring villages, but cannot Learn whether it got safe to hand. I have the honor to be, Sir, Your ob't Serv't. JUDGE J. MERCER TO GOVERNOR BEVERLEY RANDOLPH. I have the honor to be, Sir, As the season for the District Judges setting out on this duty is Fredericks- very near, It may not be improper for me, an individual, to advise your burg Excellency that Judge Bullitt certainly dyed at the Warm Springs on this day fortnight; his servant & horses returned home last week; this many know, but my Brother Robert yesterday, had it from Mr. Michael Wallace & Mr. Thornton Alexander, both just from the Springs, that they were at Mr. Bullitt's funeral on Wednesday, was seen at night, so the truth of this fact is now as well attested as is usual for anything out of an Official Line, and I mention it now solely because such a Report prevailed in June which proved to be premature. y'r Excellency's most respectfull & very humble Servant. Aug. 21st : 360 CALENDAR OF STATE PAPERS. ง 1791. Aug. 25th Orange Co. Mathews County Aug. 27th Richmond Aug. 27th Council office HARDIN BURNLEY TO THE GOVERNOR. Been honored with the Governor's letter of the 23d inst., and will endeavor to attend at the time appointed for the meeting of the board. Receipt of Armis'd Smith for three copies of the revised Laws of Vir- ginia, for the County of Mathews. REPORT OF COMMITTEE ON STATE OF AUDITOR'S BOOKS. The committee appointed on the 2d inst. to inspect the books of the Auditor's office, prior to the first of March, 1789, and which were by law committed to the hands of the Solicitor, have in pursuance thereof, proceeded to the examination of said Books and report as follows, viz: That the Duties of the Solicitor required to be performed by the act of 1780, entitled "an act for the more effectual collection of taxes and public dues" have been much neglected, particularly a correct list of Balances, due either to or from the public, and the Balances at present can only be seen by a reference to the Auditor's Books, which appear in many Instances to be very Erroneous. That the act of October, 1786, entitled an act to explain the act for the reform of Public Boards, Directed the Solicitor to state all Balances due to the Commonwealth prior to the first day of March, 1787, in a special Book, distinguishing between specie, Commutables and paper transactions, &c.; this he has also neglected to perform. No such Book appears, and the Balances can only be seen by reference to the Auditor's Books, which are very incorrect, and do not show the distinction fairly in any case. The committee are of opinion that in order to ascertain an accurate list of Balances, the accounts must be examined, compared with the vouchers, and entered in such a special Book as is required by the act of 1786, under the direction of the Auditor, which will be a work of much labor and perhaps the only mode by which such list can be obtained. (Signed) M JOHN STEELË, MILES SELDEN. Report of Samuel Coleman, assistant Clerk of the Council, to the Governor, on the letter of Abner Vernon and Jesse Hargrave, relating. to the imputed indebtedness of James Hunter, deceased, as superin- tendent of the Public Foundery. The letters of Vernon and Hargrave with an account, accompany the report and are filed therewith. CALENDAR OF STATE PAPERS. 361 COLONEL WM. DAVIES To Governor BEVERLEY RANDOLPH. 1791. Sir, I have for some time past been engaged in a daily attendance at the Aug. 28th office of the General Board, with more satisfaction on both sides than was expected. In the examination, I find immense advantage from the use of the various executive books, which I have bro't on with me, as where the evidence which is wanting in one is often amply supplied in another, and as far as we have proceeded, every charge of monies ad- vanced on account has been admitted where a settlement appears to have been made, and the object of appropriation defined; nor has there hitherto been a single charge rejected, except one introduced thro' mis- take of expenditures in Lord Dunmore's expedition against the Indians. From some cause or other I perceive a considerable jealousy with respect to the purchase of horses, which it will be important to remove. At present I need not specify any others than those purchased in 1775, by Col. Innes and some others—mostly field officers of the first and second regiments. The official characters of the purchasers added to the evi- dent necessity of possessing the speediest means of intelligence in so exposed a situation as Williamsburg, would have been admitted without much hesitation, as sufficient circumstances to support the charges on this head; (were I to judge from the facility with which charges on other accounts have been admitted, tho' supported by less reason), did there not exist some unfavourable impression on this subject previous to their entering on this examination? At present all the charges for the purchases of horses lie open for further discussion & information, as do those for the gun-factory at Fredericksburg, and the monies advanced to Aylett Snicker's account are all admitted to Dec'r, 1776, which I believe terminated his agency. Hawkins' expenditures to July, 1776, are also allowed, as have been the advances on account of sulphur & saltpetre to nearly the same period. Having been very much engrossed in preparing for the outset in this business, conceiving that a good deal depended on first impressions, especially as the present mode of investigation was adopted at my request, I have not had leisure to inform you anything on the subject for some time, and it is with pleasure I can now add that so far as the examination has proceeded, the opinion of the board seems to have become more & more favorable; as for these three days past, our time has been employed in reviewing charges which had received only a qualified admission, in order to give them an absolute sanction. Could your excellency procure from Col. Innes any written information about the horses, it will be acceptable, as well, also, at some future time, the intelligence requested in a former letter from Mr. Sam. Williamson. Phila- delphia 46 362 CALENDAR OF STATE PAPERS. 1791. Aug. 28th Aug. 29th Williams- burg August I have not as yet met with any thing in the public books or papers that can explain the transaction with Banks, to which my attention was desired. I some time ago, gave Mr. Charles Baldwin a certificate for his ser- vices for about two months, the precise time and sum, I have not at this moment, the power to recollect, but I believe it was not for more than for thirty dollars, or thereabouts. I have the honor to be, Sir, in much haste, But with the highest respect, Your Excellency's most humble Servt. Ro. SAUNDERS TO JOHN PENDLETON. Sir, I should sooner have answered your obliging favor of the 3d instant, but that constant engagement from home have prevented me I now inclose you the order of court, granting administration, and when you find a convenience, my father will thank you to remit the balance of salary. Mr. Pierce died 27th of May, so that the sum will be easily ascertained. Mr. Keene, the bearer, will be a safe hand to send money by. LEVI REUBEN TO THE GOVERNOR AND COUNCIL. Petition for remission of fine imposed on him by the Hustings Court of the City of Richmond for retailing spirituous liquors without a license. The petitioner States that he employed a certain Isaac Younghusband, a practising lawyer, to defend him against the charge aforesaid, but "that the said Isaac Younghusband being called on business in another State, failed to enter himself as an atto'y for your petitioner, and em- ployed no person to attend to his business in his absence. In conse- quence of which a judgment by default was awarded against your peti- tioner, and a fine imposed on him. Whereupon the petitioner prays such relief as may seem just. - Sept. 1st Indictment vs. John Crane, the younger, in the county of Berkeley, Berkley Co. for the murder of Abraham Vanhorne of the same county. Adjourned to the General Court, for difficulty. CALENDAR OF STATE PAPERS. 363 SAMUEL COLEMAN TO THE GOVERNOR. Sir, I have compared the account of Mr. Daniel L. Hylton with the Foundery as exhibited to the Board for payment of a balance, which appears to be due him thereon with the Books of said Foundery, and find it correspond, and believe said balance to be justly ascertained. I have the honor be, Sir, &c. COLONEL WILLIAM TATHAM TO THE GOVERNOR. J. AMBLER, TREASURER, TO THE GOVERNOR. Objects to the return into the treasury of the Tobacco notes remain- ing in the hands of Mr. Heth, the agent, as such return would make it more difficult to settle his agency account, and to be understood by the Committee of the General Assembly. Suggests that the Board direct Mr. Heth to dispose of these notes éither for cash or facilities. MILES KING TO GOVERNOR BEVERLEY RANDOLPH. Sir, I herewith enclose a topographical analysis of Virginia, which I Capitol of desire you to accept. Virginia I have handed this to the World under a State title only, that the community may have the use of it; But it is my intention to extend the plan throughout the Union. Our citizens and youth may hereby acquire a competent information of their county. With great respect, 1791. Your very Hum'le Serv't. Sept. 1st Council office Sept. 3d Sept. 7th Treasury Sir, Mr. Brough informs me he intends to resign his office as Notary Richmond Publick for the Town of Hampton. I will take the liberty to recom- mend Mr. Thomas Jones, Jr., of Hampton, to supply the place of Mr. Brough. * * Sept. 7th 364 CALENDAR OF STATE PAPERS. 1791. Sept. 8th Sept. 8th Richmond Sept. 9th Richmond William Bridger recommended to the Governor as a proper person to collect the Revenue Tax for the County of Isle of Wight, for 1790.* "" * * * * Sept. 9th At a district Court held at Staunton, "Elizabeth Hazel, late of the Staunton County of Rockingham, spinster," who had been convicted of murder, was again led to the bar, when the following sentence was pronounced by the court, "that she be hanged by the neck until she be dead, and that execution of this judgment be made and done upon her, the said Elizabeth Hazle, by the sheriff of Augusta County, on Friday, the twenty-first day of October next, between the hours of ten in the forenoon and two in the afternoon of the same day, at the usual place of execution." W. FOUSHED TO GOVERNOR RANDOLPH. Requests a "warrant for Eleven hundred and seventy-five pounds, sixteen shillings, & 23, on account of the purchase of Delinquent shares, by the Treasurer in the James River Company." (( BEVERLEY RANDOLPH TO JAS. INNES, ATTORNEY-GENERAL. Sir, I am applied to, to issue a commission appointing Brett Stovall sur- veyor of Patrick County, on the enclosed certificate, signed by only two of the Professors of W. & Mary college. Doubting whether a com- mission granted upon such a certificate will be legal (more especially as it has not the President's name to it), I shall be much obliged to you for your opinion on the subject. And am, Sir, Your Obed't Serv't. To which the Att'y-Gen'l responds: I think under the land law of 1779, the signature of the president of the College ought to be annexed to all certificates of Examination and competency respecting surveyors. *It seems that the collector was empowered by the Executive to collect also the revenue taxes for the years 1788 and 1789, then due, although it was believed that the people would refuse to pay them. CALENDAR OF STATE PAPERS. 365 : SINCERE AND TRUE FRIEND TO GOVERNOR RANDOLPH. I am, with great regard, Sir, Sir, I beg leave to acquaint you with a circumstance that is thought Sept. 9th necessary to be communicated to you. Lately here in this County, one Accomack Courthouse Richards was brought from Richmond, the person who had charge of him was directed verbally to tell the Governor that he might save him- self the ridiculous trouble of offering any reward for the people who hanged the men lately-saying that if the Governor was here himself, and behaved as these men had done, that he would be hanged in the same laconic manner. The person who made use of this very impoliti- cal language, is a certain Wm. Gibbs, belonging to our court here. Was he to be sent for to Richmond & have nine & thirty, it would serve to produce decency to our Government, which appears to be much want- ing; such expressions as Mr. Gibbs, tends to cut the throat of our United Government, which all looks at with much pleasure. Your mo. obed't h'ble Serv't. P. S.-It is highly probable that the person who was sent with Rich- ards from Richmond to Accomack, had too much modesty to deliver the message, but true, it is such a rancorous one was sent one, that in any other Northern State would be most severely punished & it is shrewdly hoped that Mr. Gibbs may be sent for, up and take 39 quietly in a publick or private place, at your option & that of your Hon'ble Council. Mr. Gibbs has been told he may expect a whipping, & he is apparently unable to suppress much fear of it. ROBT. BROUGH TO THE GOVERNOR. Sir, As I am about to remove from Hampton, I must resign the office of Notary Public for that District. * * With the highest respect, &c., &c. JNO. HOPKINS TO THE GOVERNOR IN COUNCIL. 1791. Sept. 9th Sept. 12th Sir, I have received another draft from Col. Deakins, on account of the Richmond Federal Buildings in addition to the one sometime since rec'd, of which 366 CALENDAR OF STATE PAPERS. 1791. Sept. 12th Sept. 14th Sept. 15th one thousand dollars are paid * * I have therefore to propose to receive payment, or a part thereof in the hands of some of the pur- chasers of public Tobacco. * * Sept. 15th State of Georgia * I have the honor to be, with great respect, Your mo. ob't Servant. - Amount of sales of Crop Tob., Do. Transfer, Specie in the Treasury this 14th Sept., '91, Treasury Office, 14th Sept., 1791. 5,080, 3s, 347, 17, 7, 1,136, 10, 8, Deduct allowance made thereout to James River Co., One of the drafts to federal commissioner allowed Mr. Hopkins, To Lunatick Hospital, S JNO. HOPKINS, TO THE GOVERNOR. d. £1,175, 16s, 2ąd. 300, 150, £1,325, 16s, 2ąd. Sir, I take the liberty of transmitting to your Excellency for the inspection and decision of Council, sundry papers and documents, in respect to and in support of the claim of Mr. Walter Hopkins on gov- ernment, for his service rendered the public in 1777, * * * * expresses the opinion that this claim is as well founded as any that can be made on the justice of Government, as will fully appear from an inspection of the documents transmitted. Should it be impossible to pay the whole sum, hopes "that about sixty pounds may be now paid in part." * * I have the honor to be, with perfect respect, Sir, Your mo. ob't Servant. A Robert Dixon, William Nicholson and George Poythress testify under Oath, that a certain Benjamin Woodward, then in the common jail, in the County of Richmond, in the State of Georgia, is the identical per- Richmond son who was formerly a resident of Dinwiddie County, in the State of County Virginia, and has long been noted for his vilany for counterfeiting the CALENDAR OF STATE PAPERS. 367 1791. public papers of that State, and for whose arrest and delivery to the proper authorities, a large reward was offered by the Governor of Vir- Sept. 15th ginia.* THOS. BOOTH TO THE GOVERNOR AND COUNCIL. Informs the Governor that he has lately established a Foundry, and is in want of old cast iron to carry on his business. Suggests that on the shores of the lower part of the State, there are many old salt pans and rusty cannon, unfit for military use, which he is willing to buy at a fair price. WILLIAM CABINESS TO THE GOVERNOR AND COUNCIL. * * "Conceives himself to be injured by a Recommendation of the County Court of Nottoway, in which Philip W. Greenhill was nominated as Captain to a company in which the said Cabaness had long acted as Lieutenant commandant." He therefore "prays that the commission of Captain to the said P. W. Greenhill may not issue to fill the vacancy occasioned by the death of Capt. Fletcher." * * * * Sept. 15th *The capture of Woodward was regarded as a matter of so much importance that a reward of $400 was offered for his arrest and delivery to the District Jailer at Petersburg. He was arrested at Augusta, Georgia, and brought by Major Long- street and Alexander McMilean, to the city of Richmond. Sept. 15th JOHN HARVIE, DAVID ROSS, AND W. FOUSHEE To Governor RANDOLPH. Sept. 16th Request the Governor to lend the James River Company about one Richmond thousand pounds of the publick powder, to be returned and delivered at the arsenal when the fresh powder expected from Philadelphia shall have arrived. F. WATKINS TO GOVERNOR BEVERLEY RANDOLPH. Prince Encloses copy of the Record in the case of John Abbott, convicted of horse-stealing, and sentenced to be hanged at a court held for the Dis- Edward Co. trict of Prince Edward County, accompanied by a paper signed by P. Henry, Wm. Cowan, L. Stokes, J. Breckenridge, Rich'd N. Venable, Sept. 20th Uor M 368 CALENDAR OF STATE PAPERS. 1791. Sept. 20th Sept. 20th Philadelphia *U Samuel Duval, Thomas Molloy, Al. McRae, & Creed Taylor, attornies practising, and Jno. Tyler, the judge presiding at the said Court at the time of the said trial, recommending the pardon of the said Abbott. COLONEL WM. DAVIES TO GOVERNOR BEVERLEY RANDOLPH. Sir, I continue to be daily engaged at the office of the General board, in the examination of our account and with the same success. As I form- erly mentioned the great use I find the various books to be of in ex- plaining by some one or other of them the object of advance, which in many instances would not otherwise appear, I need only here observe that after 1778, when the register formed by the commissioners of ac- counts terminates, the Ledger of the Auditor's becomes essentially necessary; and unless it is sent to me, I shall be under the necessity of opening an account for each person to whom advances were made, leaving all the charges in the meantime open till some liquidation of the account appears. Whereas by recurring to the ledger, the whole of such person's transactions appear in one view, and the sanction of the General board can be obtained and every advance of money at once ad- mitted agreeably to the settlement on it. This would be an unprofita- ble labor, if there were time for it, which there is not; and indeed without this additional business, I am now and shall continue to be obliged to employ a young man at the rate of sixty pounds a year, to copy, make extracts, alphabets, tables of contents, references, and to do other similar business, as in many cases transcripts of the evidence as found in the different books are required to be filed, and it is wholly out of my power to do this sort of business, and at the same time accom- pany the examination of the account, when my presence is indispensa- bly requisite; and from my present prospects, I apprehend I shall be obliged to employ assistance to compleat what remains of the specific and militia accounts. - From the progress we have made and the principles on which we proceed, I am rather inclined to hope the State will profit by the loss of the documents & vouchers as hitherto I have met with scarce a single payment, but what, from some of the books, I could shew its object, nor hardly one advance without evidence of its settlement; of course for want of something to be objected to, there seems a necessity of admit- ting the whole charge, although in many cases there would probably be exceptionable items in the account itself, did that now appear; in the same way too, the payment of a balance often covers a great number of advances, tho' in some instances I have reason to suspect the settlement to have been partial. CALENDAR OF STATE PAPERS. 369 Conversing on this subject with Mr. Wood (late Solicitor), I am happy to find him of the same opinion, as he tells me there were many double payments, owing to forged vouchers in the early part of the war, which but for Arnold would now appear to the prejudice of the State. I re- ceived your Excellency's favor covering Mr. Randolph's affidavit, respect- ing the destruction of the papers of the Auditor's office. Mr. Blair's testimony with respect to those of the Executive and their missing Journals would also be proper. Mr. Jefferson has the Original letter of which you enclosed the copy, and will afford his testimony as far as his memory goes. It would be an advantageous circumstance, could the correspondence with General Washington on the part of the State prior to Mr. Jefferson's administration be obtained, after elucidating some dif- ficulties during a dark period of the account, it might be deposited among the archives of the State; for which purpose Mr. Jefferson tells me he designs the copies he has directed to be taken. I shall have occasion to draw on your excellency for £20 Virg'a currency on account, for contingencies. [ And remain, with great respect, Sir, Your Excellency's most Humble Serv't. JOHN MOSS TO GOVERNOR BEVERLEY RANDOLPH. Recommending Thomas Grafford, jun'r, as a proper person to execute the office of Inspector of Tobacco at Alexandria Warehouse. 1791. Sept. 20th Col. Jas. Barnett's case, comprising depositions and letters pertaining Sept. 21st to a contract between said Barnett and Edward Stephenson, by which Stephenson engaged to furnish the guard at Port rations for the ensuing season, in consideration of which, "Stephenson was to give Col. Barnett five dollars per month for liberty to furnish the men in rations." This element in the contract was the foundation of the charge pre- ferred against Col. Barnett of promoting his private interest at the expense of the public. Sept. 22d JOHN EDWARDS, LIEUTENANT OF BOURBON COUNTY, TO THE GOVERNOR. Sept. 26th Sends an account of Militia fines and disbursements of money, and writes, "I am called on at present for 123 militia for three months service, it appears to be so disgustful to the people, I am afraid, notwithstanding every exertion of my officers and myself, I fear Gen'l St. Clair will not receive the number of militia he has called for." UorM 47 370 CALENDAR OF STATE PAPERS. 1791. · GENERAL CHAS. SCOTT TO THE GOVERNOR OF VIRGINIA. Sir, Sept. 26th I am honor'd with your favor of the 4th of Aug't. So far as it Woodford respects myself, it is highly satisfactory, I trust and make no doubt it County will be so to all concerned; there is still some accounts for services don, that has been sent back for want of order that has not been don & sent in; so soon as it is possible to get them, they shall be sent forward to Mr. Fowler, in order to lay before the counsil for settlement; among those accounts there is twelve pounds for two men going Express from Lime- stone to point pleasant, one hundred & seventy miles; they wear fired upon on their way & a horse killed belonging to Mr. Charles Vancover, who obliging furnished him in order to expedite the business. It appears to me Reasonable that he should be paid for him, the alarm being well groun- ded & Required expedition. You will receive herewith a general Return of the Militia of the District, taken in April last. I have ordered a more accurate return to be made by the first of November, which shall bo forwarded without delay. Your orders for furnishing the commanding general on the North- west of the Ohio, with such numbers & species of Militia as he might call for; found us in great confusion, the demand having been made, and the men warned several days before your orders Came to hand, & too late for me to communicate them to the Distant parts of the District before the Day of Rendevous, the consequence was, out of the twelve hun- dred called for, three hundred only appeared, which I instantly ordered on to headquarters, & sent orders to the several County Lieuts. to make a second draft to Complete the Deficiency by the fourth of October, which I hope will be in time to gain the main army before they get too fare advanced in the enemy's country. Be assured, Sir, that every exertion will be made to comply with this demand, but the unfortunate cam- paign of last fall has alarmed our people so amasingly that I fear it wil be with great Difficulty I shall get the number called for. The grand army under Gen'l St. Clair has taken up their line of march, their front is advanced about forty miles twenty days since, where they mean to establish a post. I have heard nothing from them since. With Esteem & Regard, I have the honor to be, Sir, your ob't Servt. Sept. 29th RELIGIOUS SOCIETY OF QUAKERS OF THE COUNTY OF FREDERICK, TO THE GOVERNOR AND COUNCIL. Frederick Respectfully sheweth that having experienced the Benevolence of the County General Assembly, extended to us for many years by the act of 1767, Mau CALENDAR OF STATE PAPERS. 371 1791. Exempting our society from the obligation of attending at musters of the militia. In the year 1784, it was again revived, continuing the Sept. 29th Exemption to us. We take the freedom further to represent that in the year 1782-1783, and the first part of the year 1784, the court martial proceeded to assess fines on us indiscriminately, for our non-attendance at General & private musters, the Collection of which in a great meas- ure has been suspended, the court not having been fully satisfied as to their right of imposing or collecting such fines, and as a general Tolera- tion has prevailed over this, as well as many other christian countries, we with confidence lay our sufferings before the Executive authority of the state, in whom the constitution has placed the power of remitting fines and forfeitures in all cases where they may judge it right and proper so to do. In support of the justness of our request, we can only say that being restrained from bearing arms, or engaging in wars, or fighting of any kind, from our religious opinions, we trust and hope in these enlightened days we shall not be oppressed for tenets, which restrain us from compliance with what other denominations of Chris- tians consider as a duty they owe their Country; in all other respects, we consider ourselves as second to none of our fellow Citizens, in a punctual compliance with, and respect for the laws of our country. We therefore hope the Executive will take our hard case into the most serious consideration, and grant us a remission of the fines contained in a list certified by the clerk of the Court-martial, and which is also certified agreeably to the law, by our monthly meetings. Signed on behalf of Hopewell & Crooked run monthly meeting, held the 26th & 29th day of 9 mo., 1791, by David Lepton & Goldsmith Chandler, Clerks. Winchester District, September Term, 1791. September The commonwealth vs. John Crane, venire to-wit:-Gerrard Alexan- der, John Bates, Thomas Grigg, Benjamin Strother, David Gray, John Taylor, Magnus Tate, William Dyles, Abraham Shepherd, Joseph Warnsford, George Reynolds & William Helm. Commonwealth vs. John Crane, Jr. * * The deposition of Hugh McDonald "deposeth and saith, that on the fourth day of July, 1791, he was cradling Wheat in a field of John Crane, with several other persons, amongst which was a certain John Dawkins. The field we were then harvesting was adjoining a field of a Mr. Thomas Campbell, which said Campbell had about twenty-five hands reaping for him. Mr. Crane and his hands, together with myself, went to dinner; after dinner we returned to our work. A negro man of October 1st 372 CALENDAR OF STATE PAPERS. sk 1791. Mr. Cranes informed John Dawkins & the rest of us, that Mr. Campbell's October 1st hands had sent us a challenge to fight them; upon which Dawkins highly resented & said he would go and see Campbell's hands, for he was not afraid of any one man that was then in Campbell's field. After some little time, Mr. Crane came from his house to his field; John Dawkins then said to Mr. Crane that Campbell's hands had sent him & his hands a challenge. Mr. Crane made answer & said he did not know what harm he had done to offend any of Mr. Campbell's hands, & said he would go and know the truth of it; which we all then went too Camp- bell's field to ask them what offence we had given them?" They an- swered, none. Campbell then invited Crane & his harvest hands to take a drink of grog with him; which was done, and then Crane & his hands returned to Crane's field. Crane went to his house & was lying on his bed, when the noise of Campbell's hands approaching Crane's house, induced Crane to order them off his premises, & threatened to shoot Vanhorn; & Merchant then assailed Crane, and in the fight Van- horne was stabbed. * * * Richmond October 1st JAMES MCCLURG AND ROB'T GOODE TO THE GOVERNOR AND COUNCIL. ***** We, the underwritten members of the Executive, appointed to Exam- ine the Treasurer's accounts, have carefully examined the specie, To- bacco, and Bills of credit of the 18th of March, 1780, remaining in the Treasury on the thirtieth of September, 1791; (on which day the Treas- urer is directed to close the annual accounts of his office), and find in Specie the sum of three thousand five hundred & forty-five pounds, 1s, 2d, notes for Crop Tobacco to the amount of three hundred and fifty-nine hogsheads q'ty, three hundred and sixty-nine thousand five hundred & thirty-five pounds nett; also, eight hogsheads of light crop q'ty, seven thousand & eighty-six gro., and twenty-one thousand two hundred and thirty pounds gro. Transfer-making in the whole twenty-five thousand seven hundred & forty-two pounds nett Transfer, and amounting (at the rates at which the said Tobaccoes were received agreeably to law,) to five thousand three hundred and fifty-three pounds, 11s, 8d. We find also, Bills of Credit of the 18th of March, 1780, commonly called 1 for 40, money to the amount of eighty (80) five pounds, 16s, received like- wise in part of the arrearages of Taxes. October 1st Point of Fork * E. LANGHAM, SUPERINTENDENT, TO GOVERNOR RANDOLPH. Reports the total number of Arms at Point of Fork, intended to be put in good order at ten thousand. Adds that it is impossible to state a more particular account of the Stores at this post & other places, except by last Quarterly returns. CALENDAR OF STATE PAPERS. 373 A JOSEPH JONES TO GOVERNOR BEVERLEY RANDOLPH. Sir, I am informed that Mr. Frederick Jones, who is recommended to be October 3d the next sheriff of our County, sends over to you for his commission, Dinwiddie & that he intends to qualify at our next Court. I have told him that I thought he could not until my two years had expired, which will not before our next Dec'r Court, as you'l see by the date of my first com- mission, which was in December, 1789. By the law passed in 1785, To amend the several acts of assembly concerning the appointment of sheriffs, I find there is a clause that every sheriff hereafter to be appointed shall continue in office for one year after his qualification, and may with his own consent, & the approbation of the Executive, be continued for two years. It is my wish to continue in office until December Court, as my Deputies are not obliged to make up their collections with me until then, and if I shall go out of office, they will not then be obliged to fulfill their agreements with me for this reason. I trust that you and your Hon'ble Board will have no objection. If Mr. Jones was to lose any thing by my continuing until then, I would not wish it, but as I am to loose & he not to be any gainer, I am surprised at his having a wish to injure me, for he will keep in office two years from his qualification. I do not know whether before you and the Council, or our court, is the proper place to contest this matter. * * I am, Sir, with great respect, :: Your most ob. Servt. JOHN FAULKNER, D. C. I., TO THE GOVERNOR. J/ Being informed that a petition will be presented to his Excellency for the pardon of John Abbott, thinks it his duty to inform the Governor of his character. He "has been whipt, cropt and branded for his of fences, and is the most harden'd creature he ever had in his charge." : SAM'L COLEMAN TO THE Governor. 1791. October 3d Prince Edward Co. October 4th Sir, office As usual I have examined the quarterly accounts from the post of Council Point of Fork, and find the Pay-Roll of the Superintendent, Artificers and guard for the last quarter to be eighty-nine pounds, one shilling & eight pence; that in the course of said quarter, six hundred and fifty- seven muskets have been stocked at the Post, which at 6s, 8d. each, L 374 CALENDAR OF STATE PAPERS. 1791. amount to two hundred and nineteen pounds, and that by an account of October 4th cash received and expended, there appears to remain in the hands of the Superintendent, thirty-six pounds, twelve shillings and ten pence for purposes therein expressed. The papers are here with submitted. October 5th Council office October 6th Russell Co. Sir. E. LANGHAM TO THE GOVvernor. The number of guns that was necessary to be stocked at the port of Point of Fork to make up the number of good arms, 10,000, is nearly completed. Wants instructions as to stocking such gun bar- rels as may remain after stocking the 10,000 required. SAM'L COLEMAN TO THE GOVERNOR. That since his last report, the County Lieutenants of Brunswick and Orange have made returns of the strength of their militia for the Spring of 1791. The county Lieutenant of Orange has certified on oath that no mon- ies have come into his hands by virtue of his office, and Lieut.-Colonel John Bacon, of the New Kent Militia, and Col. Charles Allen, of the Prince Edward Militia have resigned their commissions. I have the honor to be, &c. Petition of John Kemp, convicted of Forgery. He prays a pardon for his offence, which is granted. Petition numerously signed by citizens of Henrico, urge the pardon of Kemp. H. SMITH TO GOVERNOR BEVERLEY RANDOLPH. Sir, Immediately on the receipt of your Excellency's instruction of the 25th of April, 1791, I gave orders to the commanding officers of com- panies to raise their proportions of fifty men, which I Judged absolutely necessary for our defence, but not one man would serve. The approach- ing expected peace, to be made the last of May with the Cherokees, seemed to look with a favorable aspect on our troubled Country. I not willing to trust my own judgement called a council of officers, where- CALENDAR OF STATE PAPERS. 375 upon it was advised to be unnecessary to order any more men until it 1791. was known whether the Indians would accept the terms of peace of October 6th fered them at the then expected treaty. After this we remained toler- able peacable except some horses stolen, till about the last of August, when part of two families were killed; the week following, Elisha Faris and three of his family was kill'd, and his daughter, a young woman, was taken prisoner. About a fortnight ago, James Warton, Esq., and his family was killed, and a negro taken prisoner. In this unhappy situation I cannot raise a man in this county for its defence, no man is willing, nor, I believe, can be forced to strip his unguarded family, equally exposed to dangers, of the only help and comfort they have in himself, to defend others more distant but less dear to his natural feelings. A very considerable part of the county is at this time, instead of tak- ing up arms to defend themselves, employed in moving their families to the interior parts of the Country, out of the reach of Savage cruelty. I beg leave to inform your excellency that this county, from its vicin- ity & intermediate situation, with respect to the Cherokees and North- ern Tribes of Indians, is perhaps more exposed than any other county on the frontiers of this State. It covers Washington in its full length, reaching one hundred and fifty miles in length, and being generally very narrow and thin settled, and from the obliquity of Wythe county line with the direction of the general Indian War roads, it covers a con- siderable part of that county. I am humbly of opinion that 100 men or at least a full captain's company, in justice to this county, ought to be employed for its defence from the interior counties not exposed to danger; and I believe that if something like that is not shortly done, this whole county will become a prey to the Savage, or be forced to the disagreeable alternative to quit their dear earned possessions to pre- vent it. I have the honour to subscribe myself, Your Excellency's Obed't Humble Serv't. H. HETH TO GOVERNOR RANDOLPH. October 6th Sir, * * * Inclosed you will receive acc't sales of crop and transfer tobacco Richmond from 20th Dec., to this day, also acc. of sales of the Tobacco sold at auction, and statement of the Tobacco received. ' By the 20th inst., expects to be able to close his agency finally. The inclosed accounts extend from Dec'r 20th, 1790, to October 1st, 1791. 376 CALENDAR OF STATE PAPERS. 1791. October 7th October 7th October 9th Norfolk October 10th Accomac Co. RICHARD PARKER TO GOVERNOR BEVERLEY RANDOLPH. Incloses the record of the District Court held at the city of Williams- burg, the 5th day of Oct., 1791, when William Smith, Emanuel Driver, and John Driver, were convicted of Burglary and sentenced to be hung. Col. Parker states briefly the circumstances and condition of these culprits, and leaves the matter of Executive Clemency to the Governor. LUTHER STODDARD TO THE EXECUTIVE. Enclosing several papers in his behalf. States that he is in actual confinement on two executions in favour of the Commonwealth, amount- ing in the whole to about £50, which sum (he) is totally unable to dis- charge, or any part thereof; that by misfortune he has lost all his prop- erty-real and personal; that he was only security on the bond on which the judgment was obtained against him; that during his confine- ment he is deprived of the power and means of acquiring a daily sub- sistance; is ready and able to prove the truth of all his statements-for these reasons prays a speedy release from his confinement. October 10th Wm. Granger convicted of the crime of Forgery at a District Court Richmond held in Richmond the tenth day of September, 1791, and sentenced to be hung, prays that he may be pardoned. EDWARD ARCHER TO THE GOVERNor. States that he is indebted to the Commonwealth on a judgment re- cently obtained against him; that he has no property-real or personal; that an execution has been issued against his body, which will compel him to take the insolvent debtor's oath, unless permitted to pay the debt by instalments. JOHN CUSTIS TO GOVERNOR BEVERLEY RANDOLPH. Informs the Governor that there is but one Jail in the county of Ac- comac, which is appropriated for the use of both the District & County. Mr. Covington Broadwater is now the District Jailor, and was at the CALENDAR OF STATE PAPERS. 377 time when so appointed the County Jailor; but when recently applied 1791. to to receive as county Jailor some prisoners, he refused so to do, unless October 10th au exorbitant price was paid him. Recommends Mr. Hartly Sapington, who resides in the town where the jail is, as a suitable person to fill the places of both District & County Jailor. Norfolk Wm. Stokes Petitions the Executive for a stay of Execution on a October 10th judgment in favour of the Commonwealth for six or seven hundred pounds; that unless the execution is stayed, his recent losses will compel him, though reluctantly, to take the benefit of the Act of insolvency. PETITION FOR RESPITE. October 12th Governor Beverley Randolph: * * The petition of William Granger and Hugh Chavers, under sen- Richmond tence of death in the public Prison at Richmond, Humbly Sheweth that your Petioners understand that Friday, the 11th inst., is the day allotted for their execution. That your petitioners acknowledge they have been rather neglectful of their time in making due preparation for that awful day. Not having a divine to attend them. Implores your Excellency and the Honourable Council that if you don't think us objects of mercy sufficient to spare our lives by a general pardon, that you will be pleased of your great goodness, to grant us a respite for a week or two, that we may be enabled through the assist- ance of the Almighty and some reverend divines, who we trust will attend us in order for our edification in the doctrine of religion, which we are at present very little versed in. Your petitioners therefore Humbly pray that as it is only for their souls' Preservation they offer up this petition, that your Excellency and the Hon'ble Council will be so Humane as to grant it. Governor Beverley Randolph, Esq.: October 12th * The Petition of the Subscribers humbly sheweth, that they have Fredericks- long known Humphrey, a slave, * now a condemned prisoner in burg the jail of the corporation of Fredericksburg, and until his commitment on suspicion for the crime of which he has been found guilty, ever con- sidered him as an honest, faithful, and obedient slave, and that they do verily believe that his guilt in the present instance was occasioned more 48 378 CALENDAR OF STATE PAPERS. 1791. by the wicked solicitations of others, than by any native depravity of October 12th his own heart; and that for these reasons, they beg leave to recommend him to the mercy of your Excellency and honours for a gracious pardon. * * * * * * Signed by: R't Brooking, acting att'y for the Commonwealth, John Minor, Jr., H. Vowles, Rob't Patten, W. Fitzhugh, Fontaine Maury, and thirty-two other citizens of the corporation of Fredericksburg. October 12th Richmond October 13th Council Office * GOVERNOR BEVERLEY RANDOLPH TO WILLIAM ROSE. Sir, Mr. Longstreet with a guard, who have in custody Benjamin Wood- ward, who is taken up under a proclamation of the State, intend to lodge at your house this night. Their necessary expenses will be paid by the Executive. You will be good enough to provide for them the most secure room in your house, as the Culprit cannot be regularly com- mitted to Gaol in this county. I am, Sir, Your Ob't Serv't. SAM'L COLEMAN TO THE GOVERNOR. Sir, Application being made for payment of the enclosed Bill drawn by William Shannon on the Treasurer, in favour of John Girault, for 331 Dollars, it is necessary that the Board be informed that the said Bill is one of those contained in Shannon's list of Bills, by which his account was settled by the Executive, pursuant to a resolution of the last session of Assembly. I have the Honor to be, Sir, Your most obe't Servt. October 13th Whereas I have this day received information from his Excellency Town of Beverley Randolph, Esq., Governor of this state, that Benjamin Wood- Petersburg ward is now on his way to this Town to undergo his examination, on a charge against him for counterfeiting the Public Securities of this and the state of North Carolina. I therefore request any person that can give evidence either for or againt the said Woodward, touching the said offence, that they will inform me thereof, and be ready to attend the said examination. R. BATE, Mayor. CALENDAR OF 379 • STATE PAPERS. { At a court held for Hampshire County, the 13th day of October, 1791: 1791. Ordered, that it be certified to the Hon. the Executive, that the Court October 13th House of this County is now in such a ruinous State, that it is become Hampshire County unfit for the purpose of holding Courts therein, and that it will be con- venient for the court to be adjourned to the House of Posey Drew, in the Town of Romney, untill a new Courthouse can be erected. A Copy from the minutes. AND. WOODROW, Cl. C. Herod Vaden, convicted of forgery in the District court, composed of October 13th the counties of Prince George, Sussex, Dinwiddie, Amelia, and Notto- Petersburg way, was sentenced to be imprisoned three months in the District jail, and to pay a fine of thirty-four pounds, and after the expiration of the three months' imprisonment to be held in jail until the payment of the said fine. Petitions the Executive for a pardon, on the certificate of the attending Physician that a continuance of confinement would probably prove fatal to the prisoner. COL. WM. DAVIES TO GOVERNOR RANDOLPH. October 14th Sir, I beg leave to inclose to your Excellency my account for the last quarter, as also that of Mr. James Murray, for his services as clerk. As it is almost impracticable for him to dispose of his small demand, he has endorsed in my favour for the amount, and I shall include his claim in my draft, as well as twenty pounds for contingent expenses of the office, as noted below. I wrote some time since to Mr. Ambler for the receipt books, from the latter end of August, 1775, to the first of the following year. They were not among those sent on to me, and have been much wanting. From going over the receipts in the progress of the examination of the account, I find many sums omitted, which by possessing the original books, I am able to establish, and for this reason, I think it well worth attention to forward those which were omitted to be forwarded. I hope my application for the Auditor's ledger may not be forgot. It is matter of much importance, with res- pect to the expedition of the business particularly. Hitherto I have met with nothing in the investigation of the claims that I bave reason to complain of, except, perhaps a too great jealousy on the part of the General board on the subject of horses. I wrote to Colonel H. Lee on this head, expecting more information from him than perhaps any other. Uncertain however, where he may be, my letter possibly may not Phila- delphia 380 CALENDAR OF STATE PAPERS. 1791. come to his hands for want of proper direction. The principal points October 14th to be established are the kinds or qualities of horses necessary for cav- alry; their prices at various periods of the war; the difficulty, if not impracticability of obtaining suitable ones but in Virginia; the modes of ascertaining their value, as well as the regulations for impressing as practiced by the officers of the cavalry; and lastly, the necessity for procuring them, and the advantages which rosulted from the supply, especially in the southern service. The continental allowance being a hundred dollars, it is evidently an object of importance with Virginia to establish her title to an entire reimbursement, considering the over- proportion, both in number and quality of those she furnished. I took the liberty some months ago, to mention some particulars of infor- mation, which Mr. S. Williamson had omitted to notice, and hope it will not be found a matter of difficulty to procure his attention once more to the subject. Having no interest with the gentlemen myself, I have taken the liberty again to mention the matter to you. I have the honor to be, Sir, with great respect, Your Excellency's most obedient Servant. Richmond For contingent expenses on account, James Murray's wages, 1 year's salary for myself, Amount drawn for, I G £20, 0s, Od. 8, 13, 4 125, 0, 0 £153, 13s, 4d. October 15th The Commonwealth of Virginia, Dr., To Richard Courtney & Larkin Philips: Richmond For going to Petersburg as a guard to Benjamin Woodward, (and) finding their own expenses, 12s, 6d. each, → £1, 5s, Od. Pursuant to the directions of the Governor, I employed Mr. Richard Courtney and Mr. Larkin Phillips to guard Woodward to Petersburg. Courtney informed me that he was obliged to take the Prisoner out of the custody of Mr. Rose the over night, and guard him all night at their own expense which amounted to 13s, 9d. SAMUEL COLEMAN. October 15th WM. HAY, FOR THE DIRECTORS OF PUBLIC BUILDINGS, TO THE Governor. Sir, As it may be difficult to procure money from the Treasury after the rising of the assembly which is about to sit, the Directors of the public CALENDAR OF STATE PAPERS. 381 * ་ 1791. Buildings think it prudent to have the Balance of the vote of last assem- bly for completing certain parts of the Capitol, set apart in the care of October 15th the Treasurer to answer the orders which they may draw in favour of the workmen. Mr. Minor wants at present One hundred and fifty pounds, & if the Executive see no impropriety in it, the Directors wish that an order may be granted for six hundred & two pounds, nine shil- lings & four pence, being the balance of the vote of the Assembly for fifteen hundred and sixty-two pounds pr. inclosed State. If the order. cannot be granted for the whole, the Executive will be pleased to grant an order for one hundred & fifty pounds in favour of Mr. Minor. WILLIAM MCINTOSH TO I am, very Respectfully, Sir, Your most Ob't Serv't. THE HOUSE OF REPRESENTATIVES OF THE October 16th UNITED STATES. Petitions that body for pecuniary aid in consequence of his infirmity produced by a wound in the leg received in the battle at Guilford court House, and a wound in the left arm received at the battle of Camden, rendered by these wounds "incapable of procuring a necessary support in his old age, and possessed of no property of any kind, excites appre- hensions of extreme want, without some pecuniary aid from his country." JOHN HOPKINS, COMMISSIONER OF LOANS FOR VIRGINIA, TO GOVERNOR October 18th BEVERLEY RANDOLPH. Sir, I have the honor of informing your Excellency that I have com- pleted the examination of the Certificates of State debts subscribed to the loan of the United States agreeably to an act passed the 4th of August, 1790, and find that the subscriptions to said loan stand as fol- lows, viz: Subscribed between the 1st of October, 1790, & 31st of March, 1791, $87,412 913 Principal, $5,124 18 Interest. Subscribed between the 1st April & 30th June, 1791, $359,601 04 Principal, $21,072 82 Inter- est. Subscribed between 1st July & 30th Sept'r, inclusively, $1,953,323 35 Principal, $126,036 57 Interest; $2,400,337 303 principal, $152,233 57} Interest-Dollars: 2,552,570 88-amounting in the whole, principal & Interest, to two millions five hundred and fifty-two thousand five hun- dred and seventy dollars and eighty-eight cents. This is the most accu- rate statement that I can furnish at this time, as the register is not yet United States Loan office i 382 CALENDAR OF STATE PAPERS. 1791. completed. So soon as it is in my power, I shall transmit to your Ex- October 18th cellency a particular statement of the several species of paper, accord- ing to the various classes of them, which have been subscribed to the loan. Your Excellency will have observed that the amount of Principal in the debt which has been subscribed, is stated seperately from the Interest, which has been done with the double view of communicating the amount in that particular part of the debt of the State, as well as to enable your Excellency to form a judgment of the amount of the re- maining debt due by the State-an estimate whereof I am directed to obtain, and which I beg your Excellency will cause the officers of the State to furnish. October 21st Auditor's office October 19th BENJ. WILSON TO COL. JOHN P. DUVAL. Harrison Co. Discovering signs that the Indians who killed Carpenter and others, were going towards the West Fork, and thus that the inhabitants of that region were in great danger, and believing that a few active and reliable scouts would make the best defence of the exposed people, he directed the captains on the frontier to send out ten scouts, for a few days, until the arrival of Col. Duvall at Clarksburg. Hopes Col. Duvall will apply to Government for their pay, as scouts are so important to the defence of the exposed frontiers. Sir, I have the honor to be, with perfect respect, Sir, Your most Obedient & most humble Serv't. J. AMBLER, TREASURER, TO THE GOVERNor. During my confinement by indisposition yesterday, a warrant was presented at the Treasury and discharged to the amount of £1,500 drawn in favour of William Deakins, Treasurer, to the commissioners, for the federal District. This warrant would not have been paid, but on the belief that an order had passed as usual from the Honobl. Execu- tive. I am, with great respect, Your Excellency's most Ob't, Humbl. Serv't. CALENDAR OF STATE PAPERS. 383 SAMUEL COLEMAN'S REPORT TO THE Governor. I have the honor to be, Sir, Sir, Colonel Orr presents four Muster Rolls, by which it appears that October 24th four Captains, four Lieutenants, four Ensigns, ten Sergeants, and 136 Rank & file have been employed under his command by order of Gene- ral Scott, to repel an invasion of the Indians against the County of Mason in March, 1791. These troops were eight days in service; found their own rations, and are exclusive of the number ordered by the Ex- ecutive on the 29th of December, 1790, but were thought necessary for the particular purpose of repelling the aforesaid invasion. He also pre- sents an account for two expresses, which is best explained by its own face, and an account for his own pay, amounting to £9, 7s, 4d. He informs mẹ that his command consisted of 300 men, but that his repeated appli- cations to the Capt. detached under him from other counties, (from which also field officers were detached), for their muster-Rolls have been neglected. Your ob. Servant. Represents that he was sheriff of the county of Culpeper for the years 1788 and 1789; and as it was a county of very considerable extent, he was under the necessity of engaging several persons as deputies. * * That ever since the taxes for the year 1788 became due, he has urged his deputies to settle their accounts of collections; that in June, 1790, a judgment was obtained against your memorialist for £1,606, 12s, 11d, since which time the deputies of your memorialists have paid the sum of £1,113, 7s, 11d.; that a second execution has lately issued, and been levied on your memorialist's estate for the balance of the said judgment. Your memorialist therefore prays your Excellency and the Council to suspend the further proceedings on the Execution, until the sense of the General Assembly may be taken thereon. JAMES PENDLETON, LATE SHERIFF OF CULPEPER COUNTY, TO THE Gov- October 26th ERNOR AND COUNCIL. In Council, Oct. 26, 1791. On consideration of the above memorial, it is ordered that the same be rejected. Extract from the minutes. 1791. A. BLAIR, C. C. 384 CALENDAR OF STATE PAPERS. 1791. Thomas Booth reports to the Executive, that in as much as the "old October 26th Iron of this State," to-wit, salt pans, broken Guns, old shot, and sundry Richmond articles of like character, cannot be of any use to the State, an order to collect the same will enable him to "cast four large stoves for the public use" out of the same, &c. October 26th Williams- burg October 27th Phila- delphia J. MADISON TO THE Governor. At a meeting of the Directors of the Hospital for the maintenance and cure of persons of unsound mind, held at the said Hospital the 9th day of July, 1791. The honourable Joseph Prentis having this day resigned the office of Director to this Hospital, Ordered that the same be certified to the Executive, and that the President be desired to men- tion to the Executive the following Gentlemen as conveniently situated to attend, to-wit: The honourable Cyrus Griffin, Mr. Charles Hunt, and Mr. Robert Saunders. • A copy-Teste: WILL. RUSSELL, C. C. D. COL. WM. DAVIES TO GOVERNOR BEVERLEY RANDolph. Sir, I have received two ledgers of the Auditor, which probably will answer my purpose. The Treasury receipt books are also come to hand, and Mr. Venables has just delivered me your Excellency's favor of the 19th instant. Mr. Blair's affidavit will account for the want of the journals of Council for 1779 & 1780, which completes the testimony required to prove the destruction of the Executive books that are missing. I availed myself of the presence of Mr. Wood to authenticate the books I have with me, and to validate them as being the best evi- dence the State can offer under the circumstances of Arnold's destruction. I gave you my reasons in a former letter why I had hoped that the State ultimately would not be a loser by that circumstance. I am still disposed to retain the same opinion, for reasons communicated by Mr. George Webb, (treasurer for two or three years,) which must inevitably have been the consequence of the partial settlements made by the com- missioners of accounts, who kept no regular ledgers. I beg leave through your Excellency to request the favor of General Wood to trans- mit me a brief statement of the cause and consequences of the escape of the Indian hostages from Williamsburg. The measures taken with respect to the Indians at large, and in general, to furnish such informa- CALENDAR OF STATE PAPERS. 385 7 de 1791. tion as will shew the propriety of charging to the United States all the expences consequent on that event. From some misapprehension, October 27th neither Mr. Wood, Smith, or Dunscomb have included in their state. ments any of the expenditures on this head, altho' they were considera- ble, especially when we take into account the allowance to the commis- sioners appointed to the Indian treaty, and the sums laid out in goods as presents. This omission gives the claim a more doubtful aspect than it deserves, and at first induced a suspicion with the general Board that the whole of these payments related to the expedition against the Indians of Dunmore and the treaty held with them under his authority. An opinion rendered more plausible by the circumstance of Lord Dun- more's leaving W'msburg before provision was made by the Assembly for discharging the debts created by his western campaign, which of course devolved afterwards upon the convention, and by this means payments at the Treasury were making on account of both these Indian businesses at the same time, and the receipt so intermingled, as well as loosely expressed, as naturally to render it difficult to distinguish the different objects of these advances to any person not acquainted with, or inattentive to the history of that period. Conceiving full information might be bad from Gen'l Wood, I have ventured to promise it properly authenticated. Some time since your Excellency wrote me about a scale of depre- ciation, settled in the western Country. In examining the journals of the Delegates, I found what the inclosed is a copy of. I am with great respect, Your Excellency's most h'ble Servt. H. KNOX, SECRETARY OF WAR, TO THE Governor of VIRGINIA. Sir, War The President of the United States has directed me to inform your excellency, that he has received your letter of the twentieth instant Department enclosing the letter of the fourth instant, written by the commanding officer of Russell county, stating the depredations thereon by some In- dians. The President of the United States begs leave to confide the defence of Russell county to your excellency; that if you should judge that the situation of the said county demands the services of a full company from the interior counties of Virginia, that you will please to order the same from such places and for such time as you shall judge proper; that the United States will pay for the services of such a company of militia as your excellency shall order, according to the rates established by law; October 28th 49 386 CALENDAR OF STATE PAPERS. 1791. a schedule of which is enclosed No. 3: Provided that the said militia October 28th shall be mustered by some impartial and competent officer of the militia, upon the commencement and termination of their services. October 28th Richmond October 30th Phila- delphia Your excellency will please to appoint some suitable character to fur- nish the said company with rations by contract-the price for a ration of the description specified in the Schedule No. 2, not to exceed eight cents, unless the most formal and authentic evidence be produced to your excellency that the ration is not attainable for such price; in which case, your excellency will allow a sum conformable to the price of the ration. If your excellency should call into service the company of militia herein contemplated, I request that you will have the goodness. to notify me of the same, specifying its numbers and time of service. I have the honor to be, with great respect, Your Excellency's most obedient and humble Servant. JAS. INNES, ATTORNEY-GENERAL, TO THE Governor. Sir, I can find no law of a general nature which takes from the Execu- tive the discretionary power of remitting damages or suspending execu- tions under public judgments; there are several acts of assembly enacted for special purposes, which sub modo inhibit the exercise of the power alluded to, but I do not think the case of the Sheriff of Orange comes within their influence. October 29th Wм. MILLS, SHERIFF OF SPOTSYLVANIA COUNTY, TO THE GOVERNOR AND COUNCIL. I have the honor to be, Respectfully, Your most Ob't Ser't. The petition of said Mills represents that he has paid the whole amount of the taxes due from the said county for the year 1789, except the sum of £350, which still remains unpaid; that the present deficiency is owing to the non-payment of some of the inhabitants, and not to any fault on his part. * * Prays that the solicitor may be directed to suspend the execution until the 25th day of December (next). EDMUND RANDOLPH TO THE GOVERNOR OF VIRGINIA. Sir, The commission with which the executive of Virginia honored me to lay before the board of property of this State the land-laws of our CALENDAR OF STATE PAPERS. 387 1791. country, has been duly executed. They were exhibited when a claim of the Gist family came into discussion, and I should not do justice to the October 30th Gentlemen who composed that board, did I not report to your excellency and the council that they manifested great candor and liberality in their decision, alth' they had before made an opposite determination in one or more similar cases, they adjudged to that family all that they asked under a Virginia title. I have the honor, sir, to be, with sincere respect, Y'r excellency's mo. Ob. Serv't. BENJAMIN RICE TO GOVERNOR BEVERLEY RANDOLPH. States in his memorial, That in August, 1780, he qualified as an en- Bedford Co. sign of the Militia, in the County of Bedford; That in May, 1781, he qualified as 1st Lieutenant, and, that in August, 1784, he took rank as a captain of the Militia, by virtue of a commission from Benjamin Harri- son, then Governor of Virginia, and took the Oath prescribed by law. That altho' the several officers of Militia throughout the State, by an act of assembly passed Oct'r session, 1784, were disbanded, and thereby exonerated from the duties incumbent on them, and your memorialist among the rest, yet your memorialist conceives that he was reinstated by a subsequent act passed Oct'r, 1785, Chap. 1st, Sec. 2d. * That he hath no company assigned him by the County Lieutenant, but without any cause shewn, hath lately been summoned to attend a muster as a private. Will cheerfully acquiesce in the decision of the executive on the questions involved in the case of your memorialist. * IN THE HOUSE OF DELEGATES. Resolved, that the Executive be requested to procure fifteen hundred copies of the laws of the last session of Congress, or a greater number October At a court held for Rockbridge County, Nov'r 1st, 1791, David Ed- Novem. 1st mundson & James McDowell, Gent., were recommended to the Execu- tive as fit persons to execute the office of Coroner in the County of Rockbridge, and at the same time at the same court. On the representa- tion of Sam'l Lyle, gentleman, that on account of age and infirmity be was unable to perform the duties of Justice of the peace, the court cer- tified Mr. Lyles statement to the Executive. Novem. 1st 388 CALENDAR OF STATE PAPERS. 1791. if necessary, having regard to the number of Judges of the superior Novem. 1st courts, Magistrates, Clerks and attornies for the commonwealth, and that they be also requested to have the same number of the Laws of each succeeding session of Congress printed, and cause the same to be distri- buted amongst the several counties and corporations within this com- monwealth, in the same manner as the laws of the General Assembly. Novem. 1st Novem. 2d Teste: CHARLES HAY, C. H D. In the House of Delegates, Oct'r 25th, 1791. Resolved, that the Executive be authorized to direct such temporary defensive operations in the county of Russell, or other of the western frontier counties (not extending to the district of Kentucky), as will secure the Citizens thereof from the Hostile invasions of the Indian Enemy. Resolved, that the Executive be requested to transmit to the Presi- dent of the United States, a copy of the letter from the County Lieu- tenant of Russell, with its inclosures, and communicate to him such de- fensive measures as they may think proper to direct, in consequence of the authority vested in them for the sole purpose of affording defence to our Frontier Citizens until the General Government can enter into full and effectual measures to accomplish the said object. Teste: CHARLES HAY, C. H. D. In the House of Senators, Wednesday, Nov. 2d, 1791. The House proceeded according to the Order of the day, by joint ballot with the House of Delegates, to the choice of a Governor or chief Magistrate of this commonwealth, for one year from the first day of December next, and the members having prepared tickets with the names of the persons to be appointed, and deposited the same in the ballot boxes. Mr. Bassett, Mr. Wills, Mr. Cabell, and Mr. Nelson, were nominated a committee to meet a committee from the House of Dele- gates, in the conference chamber, and jointly with them to examine the ballot boxes, and report to the Houses on whom the majority of votes should fall. CALENDAR OF STATE PAPERS. 389 1791. The committee then withdrew, and after some time, returned into the House, and Mr. Bassett reported that the committee had according to Novem. 2d order, met a committee from the House of Delegates in the conference chamber, and jointly with them examined the ballot boxes, and found a majority of votes in favour of Henry Lee, Esquire. Teste: H. BROOKE, C. S. FRANCIS PRESTON TO HON. JAMES MCCLURG. Informing him that the commission for the sheriff of Montgomery County, was lost in its passage from Richmond up, so that Montgomery cannot have a sheriff till the commission is renewed. * PETITION OF MATTHEW PATE. * JOHN STITH, SHERIFF, TO THE Governor. Sheweth that a Judgement was obtained against him in behalf of the Commonwealth, for the sum of £562, 9s, 1d, of which sum £21, 9s, 9d, were Damages, which your petitioner prays may be by order of the Executive refunded to him. J. PENDLETON, AUDITOR, TO THE TREASURER. Informing him that the commissioners of the federal District had drawn in favour of their Treasurer for $28,000, and desiring to know if the state of the Virginia Treasury would enable him to pay it. Novem. 3d to Council Stating that upon the death of the former door-keeper to your board, Door-keeper his widow was appointed to the vacancy, which she unable to perform, engaged your Petitioner to act in her stead, but with so small a salary, and not to be an object worth your Petitioner's notice. * * Humbly preys that he may be appointed Door-keeper to your honorable board, wherein he will act with care, diligence, and honesty. Novem. 4th Novem. 4th Novem. 5th 390 CALENDAR OF STATE PAPERS. 1791. Novem. 5th • Novem. 7th Novem. 7th Novem. 5th At a court held for Rockbridge County, Nov. 5th, 1791: Novem. 7th J. AMBLER, TREASURER, TO Winchester Sir, I this moment received your favour informing of a draft from the federal commissioners for 28,000 dollars—the balance of the 40,000 Dol- lars directed by the assembly to be paid this year on that account, and desiring to know whether the present state of the Treasury will enable us to discharge the draft. In answer to this enquiry, I can only say, we have at this time 27,330 Dollars; this sum we are ready to pay as the Gen'l Assembly may be pleased to direct. I am, Sir, very Respectfully, Y'r obed't Serv't. JAMES GIBSON TO THE Governor. Mathews Petition for a reasonable reward of, or the apprehension in Baltimore, County and delivery to the proper Officer of Mathews county, William Smith, Petition for sentenced to death with his accomplices for an atrocious robbery com- reward mitted in the said county of Matthews. Petition accompanied by papers indicating the good character of Mr. Gibson and the value of his services. Present-John Bowyer, Samuel Keys, Matthew Hanna, James Caruth- ers, David Edmundson, & James McDowell, gentlemen. John Caruthers was recommended to the Governor as a fit person to be commissioned as a justice of the peace for the county of Rockbridge. At a court beld for Princess Anne county the 7th day of Nov'r, 1791, James Robinson, gentleman, was recommended to the Governor as a fit person to serve as Coroner for the County of Princess Anne. E. H. MOSELEY, C. P. C. F. GAM'L DOWDALE TO HONORABLE JAMES WOOD. Requesting him to tender to the executive his resignation as Sheriff of Frederick County, not wishing to continue as Sheriff the insuing year. CALENDAR OF STATE PAPERS. 391 £ SAM'L COLEMAN TO THE GOVERNOR. Relating to the claim of a Ranger for the county of Bourbon, in Ken- Novem. 8th ucky, for services in 1788. JOSEPH MARTIN TO THE Governor. I am with much respect, Your Excellency's most H. & most obed't Servt. Sir, I do myself the honor to lay before your Excellency the situation Richmond of the inhabitants near and between Watkins' and Henderson's line, from the North Carolina line, on the blackstone mountains to mocker- son Gap, thirty-five miles; from thence to Martin's Old Station, twenty- five miles; from thence to Martin's new station, twenty miles; from thence to Cumberland Gap joining the Kentucky boundary, two miles, all of which is a frontier and greatly exposed to the Indians. This is the direct road leading to Kentucky. Christman's Station is north of Clinch Mountain in Powells Valley, which settlement begins about four miles east of the said Station; from thence thinly settled to Martin's old Station, at, or near the said Station, about one hundred souls, and about four miles north of Walker's line. Martin's new station and the neighborhood, about fifty souls. This station lies between the two lines, all of which has been from the first settling enrolled in Virginia. That part which lies in Washington County is very thick settled, being about three miles in weadth and thirty-five in length; were not enrolled in either State last July and is by no means exposed to the Indians. - BEVERLEY Randolph, GoverNOR, TO THE HONORABLE BOArd. Dear Sir, I am so indisposed as to be unable to attend the Council to- day; shall therefore be much obliged to you to proceed on the business before the Board. Your Most Obed't Servt. SAMUEL COLEMAN TO THE EXECUTIVE. The enclosed papers were once before presented for payment, and rejected. 1791. Novem. 8th Novem. 9th Novem. 9th Council office 392 CALENDAR OF STATE PAPERS. Novem. 10th 1791. Shannon's Bill was introduced into his account as an Item, and Novem. 9th probably rejected because it could not be ascertained precisely how the Peltrics were applied to the public use. Novem. 10th Treasury Novem. 12th Novem. 14th Phila- delphia Sir, JOHN FOWLKES TO THE Governor. Resigns his office as jailor of the District court jail of Prince Edward County. J. AMBLER, TREASURER, TO THE Governor. f Application is this day made at the Treasury for payment of twenty-eight thousand Dollars, being the balance of the forty thousand Dollars directed by the Gen'l Assembly to be paid in this year for erecting the Public Buildings at the federal seat of Government on the Potowmack. The payment of this sum will exhaust the Treasury of specie. I am therefore under the necessity of applying for advice and direction how to act in this emergency. I am, Sir, with great respect, Your Excellency's most ob't Serv't. Copy of Sam'l Coleman's Report in Account for provisions furnished the Post at the Point of Fork, for the last two quarters, commencing the first of May, and ending the 31st of October, amounting to ninety-seven pounds, nineteen shillings, and five pence, and found to be correct. COL. WM. DAVIES TO H. LEE, ESQ. Enclosing Abstract claims of Virginia against the United States. Sir, I am much obliged by your letter in answer to my application, respecting the horses furnished by Virginia for mounting the cavalry during the late war. Interested as I am in your good opinion, and unwilling that after the great pains I have taken to render the claims of Virginia intelligible, anything should be wanting on my part tha could afford satisfaction to those who are to pass upon them, I hav CALENDAR OF STATE PAPERS. 393 1791. attended to your intimation respecting the general account required by the Board. The inclosed abstract is a copy of the claims agreeably to Novem. 14th the mode in which I have arranged the account, and is a transcript from the statement presented to the Board since I had the pleasure of seeing you. In appreciating the paper payments, I have used the con- tinental scale, and when that ends, I have reduced at 100 for 1. The effect of this mode of valuation is considerably in favor of the State, and as no rule of ascertaining depreciation, has as yet been established by the Board, I did not conceive myself at liberty to adopt any other principle of reduction than what had been sanctioned by congress. After all, abstracts of the claims of the state can give the general Board but little information, unless the principles on which the statements are ´made are previously known, which can only be learnt by an investiga- tion of their accounts. I shall make no apology for troubling you on the subject of this letter, since I have heard of your appointment to the chief Magistracy of your country. I sincerely felicitate you on the occasion, and as far as I shall have the honor of acting under your authority, I shall take much pleasure in evincing the respect and esteem with which I am, Sir, Your obedient & very h'ble Serv't. Abstract of the claims of Virginia against the United States for ad- Novem. 14th vances and services on account of the late war, viz: Amount of payments at the Treasury, from April 17, 1775, to Sept. 1, 1777, with interest, Amount of payments from Sept. 1, 1777, to Dec'r 31, 1780, Amount of specifics furnished to requisitions of Congress. of Feb'y & Nov. 1780, Amount of warrants sunk by taxes, &c. subseq't to Jan'y 1, 1781, - Amount of bounties paid by classes & under acts of 1779, '80, '82, Amount of certificates for military pay & depreciation, Amount of Militia services, Amount of lead from the lead mines, Amount of expences of defending & securing North- western territory prior to cession, Amount since cession, Amount of property destroyed at Norfolk, &c., Amount of payments in specie & indents since Jan. 1, 1783, to requisitions of congress, Total, $3,985,388 83 4,722,909 89 3,812,735 83 2,745,137 28 830,390 27 4,868,362 92 1,166,076 69 81,500 00 1,253,877 30 10,104 90 476,350 47 1,352,309 84 Dollars, 26,516,290 84 State's claims of Virginia against United States 50 394 CALENDAR OF STATE PAPERS. T 1791. At a court of Oyer & Terminer, held at the Court House of Bucking- Novem. 14th ham County, on Monday, the 14th day of November, 1791, for the trial of Daniel, a negro man-slave, the property of John Moseley and Major, a negro man slave the property of John Addcock, charged with burning the Tobacco house with a quantity of tobacco, the property of Isham Miles. The said Daniel was convicted of the crime charged and sen- tenced to be hung. Petitions numerous signed accompany the record of trial sent to the Executive praying the pardon of the said Daniel. } Novem. 14th Novem. 14th Richmond Novem. 16th War Department CLAUDE PIATT'S PETITION TO GOVERNOR BEVERLEY RANDOLPH. That during the year one thousand, seven hundred and eighty-six, he was a resident of the county of Prince George, and duly enlisted his taxable property for that year, but the officer who took the list having failed to return it, judgment was entered against your petitioner for five hundred pounds of Tobacco fine, and one hundred and seventy-five pounds of tobacco, & seven shillings and six pence for costs; on which judgment, execution hath been issued against your petitioner's person. Your petitioner therefore prays that the said fine, &c., may be remitted to him. RO. SHIELD TO GOVERNOR BEVERLEY RANDOLPH. States that after the Assembly of 1789, Mr. Jno. S. Langhorne went to Cumberland, and on his return the latter end of Jan'y or first of Feb'y, 1790, informed him (Shields) that he had settled for his services up to that time (with the Executive), but hearing that some vouchers in certain counties of his district had not been been collected by him, he resumed his services in nearly all of Feb'y and March, and died in April before he had an opportunity of making a return to the Executive of these latter services; and for which he (Shields) is satisfied Langhorne never received any compensation. K H. KNOX, SECRETARY OF WAR, TO THE GOVERNOR OF VIRGINIA. Sir, Upon a statement of Mr. Moore, representative of Virginia, in Con- gress, it appears that some doubts exist, whether the protection author- ized by the President of the United States on the 28th ultimo, and transmitted to the Governor of Virginia, should be extended to the ex- posed parts of the counties of Wythe, Montgomery, and Washington, I CALENDAR OF STATE PAPERS. 395 1791. am authorized by the President of the United States to assure your Ex- cellency that it is his desire that the defensive protection for the above- Novem. 16th mentioned counties should be as effectual as the defence of Russell county; and further to inform your excellency that the expence of any measures which you may think necessary on the occasion proportioned to the object and consisting of the militia, and to be supplied with pro- visions in the manner as pointed out in my said letter of the 28th of the last month, will be paid by the General Government, on the accounts and vouchers of the services and supplies being produced at this office. I have the honor to be, Sir, with great Respect, Your Excellency's most obedient Serv't. J. AMBLER, TREASURER, TO THE GOVERNOR. Sixteen thousand pounds in the Treasury this 17th of Nov'r, 1791. A. DAVIS, JOHN Dixon, and T. NICOLSON TO THE EXECUTIVE. A. Davis will print 1,500 copies of the Acts of Congress for £10 per sheet. John Dixon will print 1,500 copies of Laws of Congress for £10 per Sheet. T. Nicolson will print 1,500 copies of laws of Congress for £9 per sheet. Folding each sheet (containing 1,500), £0, 10s, Od.; Stiching 1,500 Copies, £2, 10s, Od. SAMUEL COLEMAN TO THE GOVERNOR. Sir, * The county of Nelson were allowed by the Board of Officers in Kentucky for the year 1788, twelve scouts and Eighty Rangers. I find a pay-roll of Rangers for this county settled by the Auditor for 1788, amounting to £104, 17s, 9d, and a ration account amounting to £82, 11s, 6d. The documents or papers containing these accounts were withdrawn by Col. Davies for use in the Settlement of the Accounts between the United States and the Commonwealth of Virginia; and in the absence of these papers it cannot be determined whether certain enclosed claims are included in these Pay-Rolls or not. A Novem. 17th Treasury office Novem. 17th Novem. 19th Council office 396 CALENDAR OF STATE PAPERS. 1791. J. PENDLETON, AUDITOR, TO THE EXECUTIVE. Novem. 19th In obedience to an order of the Hon'ble the Executive, the Auditor Auditor's reports the amount of Warrants issued by their orders, for the pay of office rations of Rangers employed in the year 1791, to be as follows: To Brigadier Gen'l Scott, & others,-Kentucky, Novem. 20th Richmond Harrison Rangers, Monongalia Rangers, - Randolph Rangers, 1 I £ 8,819, 16s, 9d. 98, 13, 10 69, 1, 1 95, 3, 8 £10,082, 15s, 4d WM. MIMACHAN AND BENJ. BIGGS TO THE Governor. Sir, In consequence of the communications which we find have been made to you by the Governor of Pennsylvania, relative to certain inhabitants of the County of Ohio, we the representatives of that County, beg leave in behalf of our constituents to make the following statement of facts, which we must request you to lay before the Legis- lature for their information upon the subject. Two proclamations have been issued by the Governor of Pennsylvania for apprehending and carrying the said inhabitants into the State of Pennsylvania, there to be tried for certain offences, with which they are charged, and under these Proclamations, supported by the second clause of the second sec- tion of the fourth article of the federal constitution, application has been made to your Excellency to deliver them up. Whether this application be founded in justice or not, the protecting wisdom of the General Assembly will determine. The first Proclamation was issued against Francis McGuire, Baldwin Parsons, and Absalom Wells; the second against Francis McGuire and Samuel Brady. The circumstances attending the first, are as follows: Mr. Davis, formerly a citizen of Maryland, removed some years ago into this State, near to the Pennsyl- vania line, and brought with him a negro who was born in his family, and whom he had raised from a child. After the line was run between Pennsylvania and Virginia, it so happened that he fell within the limits. of the former, where by a law passed in the year 1788, in direct oppo- sition as we conceive to the federal constitution, negroes residing for six. months within the said State, became entitled to their freedom. In order to avoid the confiscation of his property, which he had not forfeited by any offence, having been by the unfortunate dismember- ment of Virginia cast against his consent into a foreign jurisdiction highly injurious to the rights of a particular species of property, held CALENDAR OF STATE PAPERS. 397 1791. sacred under the government, from which he was torn, he removed the said negro across the line of the two States into Virginia, and there Novem. 20th hired him out to a certain Mr. Miller. Whilst he was with this Gentle- man, a certain club of evil disposed persons, known by the name of the Negro Club, and said to be an arm of the Pennsylvania Society for the abolition of Slavery, seduced him back into Pennsylvania with a view of indenting him, according to their constant custom for a term of years, as a compensation to the said club for their trouble in procuring for him his liberty. Mr. Miller finding the said negro had absconded, and fearing he should be made liable to pay for him, advertised him. Cap- tain Parsons, McGuire, and Mr. Wells seeing this advertisement, and roused by a just indignation against such nefarious practices, went out and brought the negro back. For this laudible attempt to rescue the property of their fellow-citi- zens from these artificers of Hypocricy and fraud, they were branded and proclaimed as infamous by the Executive authority of another state, where the true culprits alone are to be found. They are charged with having fled from justice, when they have in fact always resided and still do reside upon their respective farms, when they have frequently gone since, and still do go, into the State of Pennsylvania, and even into the county of Washington in the said State, (where they were prosecuted) in broad and open day, and appear at all public places unmolested. That these men unblemished in their characters, independent in their circumstances, actuated solely by a wish to preserve the public peace in counteracting machinations to disturb it; that such men, zealous in their exertions to guard the property of their fellow-citizens against Robbers, acting under the sacred cloak of religion, should be injured in ther repu- tation by recorded Stigma without redress, is what we conceive possible in a free government like ours. We do therefore hope that some steps may be taken to procure the revocation of this proclamation. The second proclamation was issued against Francis McGuire and Samuel Brady. The circumstances attending this business are more extraordinary, if possible, than the former. Some time in February last, Francis Ryley's family, consisting of seven persons, was attacked- two of whom were taken Prisoners, and the remaining five inhumanly butchered by the Indians. The people were roused and fled to arms; a select party was appointed to pursue them, and they were pursued for near forty miles, towards the road leading from Fort Pitt to Fort Law- rence on the Tuscaroraw River. The savages discovering that they were pursued, dispersed. Two spies were sent out—a party of Indians were seen. A letter was then dispatched to Capt. Wells of the Pennsyl- vania militia, instructing him to join the Virginians; immediately he did so, and a company went out with Captain McGuire and Captain Thomas Wells. The tracks of the Indians were discovered, and they were followed to Bigg Beaver Creek in the State of Pennsylvania, where they 398 CALENDAR OF STATE PAPERS. 1791. were overtaken near to the Block House on the Opposite Shore, and four Novem. 20th of them killed. Here your Excellency will be pleased to remark two circumstances: the first is, that Capt. Thomas Wells, of Pennsylvania, killed an Indian with his own hands and scalped him; the second is, that Capt. Brady had no command, but went out as a volunteer-being an old Continental Officer, and did not even fire his gun; but yet the Governor of Pennsylvania has thought fit to proclaim Capt. Brady (the Virginian), whilst Capt. Wells, the Pennsylvanian, escapes uncensured and even unnoticed. It is not for us to draw any conclusions; you will form but too just a judgment of this proceeding, without a single com- ment from us. Suffice it then to be observed that we do earnestly hope that this proclamation also may be revoked, and that the legislature may take such other steps as in their wisdom shall seem fit and proper, to shield their innocent fellow-citizens for the future from being unjustly injured in their reputation, and held up to the World without the small- est guilt, as objects of Infamy. Everything before mentioned in favor of the characters of the former Gentlemen, applies as strongly to these with this difference only, that they have both served their country upon many occasions as distinguished Officers. Your Excellency will be pleased to pardon us for this long detail, and believe us to be, with all due respect, Your most obedient and most humble Servants. Novem. 22d B Novem. 22d At a General Court held in Richmond Nov'r the 21st, 1791, John Richmond Crane, the younger, late of the Parish of Norborne in the county of Berkeley, upon an adjourned case from the District Court held at Win- chester, upon the special verdict whether the said Crane was guilty of murder or manslaughter, it was adjudged that the said Crane was guilty of murder, and such opinion certified to the said District court. At a General Court held in Richmond the 22d day of November, 1791, judgment was entered against William Anderson, late Sheriff of Hano- ver county, for four hundred and twenty pounds, certificate taxes, for the year 1786, collected from John Laurence, late Sheriff of Hanover County; and that he forfeit and pay to the commonwealth three hun- dred and fifty-three pounds, fourteen shillings and six pence, and interest at the rate of ten per centum per annum from the ninth day of June, 1790; * * being the damages and interest incurred by the said An- derson, (by reason) of failing to pay into the treasury the said sum of four hundred and twenty pounds.* *W. Anderson petitioned the Executive for remission of the forfeiture above mentioned; which petition was referred to the Auditor, who reported adverse to the same. CALENDAR OF STATE PAPERS. 399 JOHN ROBERTS TO THE GOVERNOR OF VIRGINIA. Resigns his office and returns his commission to the Governor, as Novem. 24th Public Jailor for the District of Richmond, Westmoreland, Lancaster, and Northumberland counties; Commission dated the 5th day of March, 1789. JNO. ROGERS TO HENRY LEE, GOVERNOR OF VIRGINIA. The Indians fought the Army 5 miles on their retreat, and were pre- vented from Tomhawking the Gen'l in his Tent by the vigilence of the Troops who defended it. The Battle was fought 30 miles from Fort Jefferson, and about 15 miles from the ground on which Harmer was defeated last year. The remains of the army are in the above named Fort, & have only 12 days provisions, the flesh of pack horses. The Indians appeared in force round the Fort the next day. St. Clair passed on himself to the next Fort, about 60 miles distant from Jefferson, where it is said he is waiting assistance to relieve fort Jefferson. All the leading characters in Kentucky are turning out, and it was thought that a body of 1,500 or 2,000 horsemen would go to the relief of the army. The Mountain Leader, a Chickasaw, with a part of his nation & a part of the first regiment were out on command, said to have been ordered to some small Town. There is no word of them. It is gen- erally feared they will be cut off, as they could know nothing of the defeat of the Army. There was a second party of the Chicasaw nation under the great Leder Colbert, on their way to joine our army, but had 1791. Novem. 26th Sir, Road 12 New On my way from Spanish America across by land, I passed through the Kentucky Country, where a few days after my arrival & three days miles east of previous to my departure from thence, (which was on the 15th inst.,) London Campbell we received certain intelligence of the Defeat of our Army under the County command of Gen'l St. Clair, and as I think it requisite that Government have the earliest intelligence thereof, I have inclosed your Excellency a copy of Gen'l Scott's circular Letter to the County Lieuts. of Ken- tucky, also an extract from the Gazette with a list of the officers said to be killed and wounded. It does not apeare that the army was taken by surprise, as the continals fired above sixty shots at the Enemy before the action came on, during which time, I suppose the veterans of the forrest were taking their position, as it appears they had completely surrounded the Army & attacked it on all sides at Day-break. Tom- hawk in hand against Bayonets, they twice surrounded St. Clair's Tent, he being (as he generally is,) so ill with the gowte that he could not get out until he was set on horseback, and then conducted the retreat. 400 } CALENDAR OF STATE PAPERS. 1791. not reached it. They will now go on with the releaf. There was one Novem. 26th fellow only of that nation in the action, who it is said killed and scalped eleven of the enemy with his own hands, & engaged with the 12th; he fell greatly lamented by the Americans. Gen'l Butler was wounded and carryed to his tent to have his wounds dressed. An Indian watched where he was carryed to, then broke through our men & Tomhawked the Gen'l and the Doctor who was dressing his wounds, before he was killed by our men. It is thought the whole of the loss, including the army & the followers, amounts to 800 persons. The above appears to be the gen❜l account as receaved in the Kentucky by sundry persons from the army generally corresponding, and I believe may generally be relied on. Richmond I am, Sir, Your most obed't. Novem. 27th JOHN P. DUVAL, COUNTY LIEUTENANT OF HARRISON COUNTY, TO Gov- ERNOR BEVERLEY RANDOLPH. Sir, The exposed situation and the frequent Depredations which is com- mitted in the county of Harrison by the savages, constranes me to lay before your Excellency the Distrest situation of the fronteers of the said county: On the fourth day of last month a party of Indians fired on a party of men who was driving a drove of cattle to the Muskingum settlements, and within five or six miles thereof they kill'd four persons, took one prisoner, & wounded one; one of the party only escaped who had seve- ral Balls shot thro' his Cloths. A few days before they fell on this party, they kill'd a man near the Hockhocken & took a negro boy from the Little Kanawa, who at the time of the attact on the Drovers, made his escape. Sir, we have frequent information of Hostilities being committed on some part of the Ohio or other; no protection is to be had from the federal government, they supposing that the present Expedition to be a protection to us; which is a mistaken Idea, as I conceive it as an Injury Rather than a protection at this time, as no Doubt but they may suppose that we are off our guard, Depending on the success of the Campane, which is truly the case. There is at this time a number of scouts in Lewis, altho' without any authority; but your Excellency will see the necessity of the measure by the inclosed papers. I must beg leave further to inform you that in February, 1790, I was call'd on by the frontears of the county for protection, as there appeared to be great Danger at that time, and for my own Justification I Call'd a CALENDAR OF STATE PAPERS. 401 1791. council of the officers of the militia; whose result was that I should order out Eight scouts, which I accordingly did, and at the same time Novem. 27th the council requested of me to go in person to the President at new york, which I also did, but Received no instructions from the Board of War until the 2 of May; therefore can receive no pay from the United States pryor to that date for the said scouts. So that there is from the 1 of March until the 2 of May, which I could wish your interference in Order to get them paid; which favour will be greatly acknowledged by, Sir, your Excellency's most Ob't, Huml. Serv't. Wm. Nims certifies that Richard Prout, one of the Inspectors at Coan Novem. 27th Ware House, is dead, and encloses copy of Order of county Court, Northum- recommending Jeduthan Haynie, William Oldham, George Ashburne berland Co. and Peter McClanahan as fit and proper persons for the office of Inspec- stors of Tobacco at Coan Warehouse, in the county of Northumberland. SAM'L COLEMAN TO THE GOVERNOR. Office Reports that he had written to those who appeared to be indebted to Council the Public on account of the Westham Foundry; all of whom who have answered his letters, deny any indebtedness. R. BATES, MAYOR OF PETERSBURG, TO THE GOVERNOR. Sir, I take the Liberty to inform you and the other Branch of the Ex- ecutive of this State, that several attempts have lately been made to set this Town on Fire; particularly on the Night of the 23d this present month, and although every endeavor hath been made to discover the perpetrators of so heinous a crime, it has been ineffectual. I am in- duced to think, sir, that a Proclamation from you, offering a reward proportioned to the magnitude of the offence, would, at least, have the good tendency of deterring others from the like nefarious practices, if not bring the past offenders to Justice, and I am fully persuaded, your own knowledge of the immense loss, both of Public and private prop- erty, should such a calamity befall us will justify my troubling you with this request. I have the honor to be, very respectfully, Sir, Your ob't Serv't.. Novem. 28th Novem. 28th Town of Petersburg 51 402 CALENDAR OF STATE PAPERS. * 1791. Novem. 30th Sir, Novem. 29th Council At the request of the Representatives of the county of Ohio, I do myself the Honor to inclose a copy of a statement of facts made by Chamber them to me, respecting the demand of Governor Mifflin for the delivery of certain persons as fugitives from justice, who were charged with the commission of certain crimes within the Jurisdiction of Pennsylvania. Richmond Governor BEVERLEY RANDOLPH TO THE SPEAKER OF THE HOUSE OF DELEGATES. I have the honor to be, with the highest Respect, Your Most Obed't Servant. JOHN WALLER AND HORATIO HALL TO THE Governor. Sir, We find by letters which have been laid before the present Gen'l Assembly, that the Governor of Pennsylvania has Demanded of the State of Virginia, Baldwin Parsons, Francis McGuire and Absalom Wills, as persons who have fled from justice in the State of Pennsylvania to the State of Virginia. Permit us, Sir, to inform you that we think the information Futile and groundless. Did the Governor of the State of Pennsylvania mean to do that Justice to the citizens of Virginia which he appears to be so zealous to do to the citizens of Pennsylvania, He then would have merited that esteem which is due to a man of candour. But how far this has been the case the following statement of facts will determine. Parsons, McGuire and Wells, are, and Have long been citi- zens of the State of Virginia; the crime so loudly complained of, was their taking a negro who had been seduced from his rightful owner, a citizen of Virginia, and concealed by the negro club in the State of Pennsylvania. This, Sir, was transacted near the Extreme Boundaries of that State, while the following, we may say robberies, have been committed on the innocent citizens of Virginia, though nearer the seat of Government of the State of Pennsylvania unnoticed. The slaves of Samuel Bailey, William Dych, Charles Williams and Richard Stevens, who were removing to the District of Kentucky, through Fayette County, in the State of Pennsylvania, were either seduced or forcibly taken from their masters in the following manner: Richard Stevens, Francis Foushee, and Nicholas Lafon, on their way to Kentucky were call'd on shore at the mouth of Big readstone to take a dram. As soon as they landed, a negro then in their possession was forcibly seized and Detained by a Mr. Jackson and his party. Samuel Bailey on his way to Kentucky, was Detained at Readstone in the state CALENDAR OF STATE PAPERS. 403 1791. of Pennsylvania, by the winter frost, in which time, three of his slaves were seduced from his service, by the meritorious negro club, or in other Novem. 30th words club of Rascals. In this situation, he was obliged to hire those negroes untill his return that way in the fall. On his return, he wag informed that his negroes were free, and that he could not expect to get them. He then went in quest of them; found one, and ordered him to his boat, the negro refused to obey; was rescued by Jackson and his party, and by them directed to swear the peace against their master, who was bound in a bond of £2,000 to keep the peace with his own slave. Nearly in the same situation stand Williams and Dych, and we believe a number of others. Though we are informed the Governeur of Pennsylvania has been acquainted therewith, this, Sir We conceive an open violation of the Feodal constitution. We must therefore request you in behalf of Charles Williams, Wm. Dych, and the Heirs of Samuel Bailey, who are our constituents, to make a demand of the State of Pennsylvania, for the slaves so forcibly taken and detained. We have the honor to be, Y'r Exc'y's most ob't Serv't. H. HETH TO THE GOVERNOR. Relating to transfer tobacco under his control as agent. Asks for instructions as to its dispositions, so as to enable him to close his agency, and incloses a statement of Mr. Woodrow, of Public Tobacco sold at Cresaps, &c. GOVERNOR LEE TO THE SPEAKER OF THE HOUSE OF DElegates. Sir, I do myself the Honour to transmit to you a copy of a letter received from the Delegates of the county of Bourbon stating certain Grievances to which the Citizens of this Commonwealth, emigrating to the District of Kentucky are subjected, and communicating further information respecting the demand made by his Excellency, Governor Mifflin, for the apprehension and delivery of three citizens of this Com- monwealth, charged with violation of the laws of Pennsylvania. I have the Honour to be, sir, With all due respect and consideration, Your most ob. Servant. Novem. 30th Decem. 1st Council Chamber 404 CALENDAR OF STATE PAPERS. 1791. Decem. 2d Sir, Decem. 2d The great desire I have to make a satisfactory return for the trust Richmond reposed in me by your Honourable body, that they men allowed me to take charge of an exposed Frontier for at least one hundred fifty miles are too few, if it is thought more are necessary by you & to so arrainge them as to give a further allowance of Lieutenants & Ensigns command under me to be placed where there may appear to be the greatest neces- sity; however, if no more is allowed, I with chearfullness will persevere in the arduous task, & before a disgrace shall take place as to your trust in me, shall part with my life with pleasure in your cause. If further provision is mad, I will take the Liberty to recommend two Gentle- men that has served in that line with credit as Lieutenants; either of which shall be perfectly satisfied with (James McGavock & Wm. Preston, immaterial which for Lieutenants,) Thom Trigg, ensign. As the Busi ness calls me immediately Home, shall set out this evening or very early in the morning, and would, if any further commissions are granted, to haye them this evening. Richmond Decem. 2d · A. LEWIS TO THE GOVERNOR OF VIRGINIA. And it is with pleasure, I have the Honour to be, Your mo. Obed't Serv't. A. LEWIS TO THE GOVERNOR OF VIRGINIA. 15 Sir, • This morning I take my leave of Richmond, & shall not have the pleasure of seeing you. I'll be much obliged to you for a few lines, if anything more is done respecting the men that are to guard the Fron- tiers, & hope you will think it necessary to allow me more for Russell, or if a full company is not allowed for Wythe and Montgomery as the counties join, will be no more trouble for me to command them than the number I have. I have the Honour to be, Sir, Your mo. Ob't S't. JAMES CRANE TO THE GOVERNOR AND COUNCIL. Petitions the pardon of his son, John Crane, condemned to suffer death for the murder of a certain Abraham Vanhorn. CALENDAR OF STATE PAPERS. 405 H. KNOX, SECRETARY OF War, to GoveRNOR HENRY LEE. I have the honor to be, Sir, with great respect, Sir, The letter of his Excellency, Governor Randolph, dated Council Decem. 2d Chamber, November 24th, 1791, was received by the last post and sub- mitted to the President of the United States. And I am directed, Sir, by the President to inform you, that having eonfided the defence of the exposed counties of the Southwestern parts of Virginia to the Execu- tive thereof, he feels satisfied that the defence will be proportioned to the object, and that the means to be employed will be such only as he is authorized by the laws to use for the defensive protection of the fron- tiers. In raising therefore the company of militia mentioned in the afore- said letter of the 24th of November, the President of the United States requests that it may be clearly understood, that he conceives the law passed the 30th of April, 1790, authorizes him to call out mere militia, who shall be entitled to receive the same pay and subsistence only as the troops of the United States, which are specified in the said law. To this may be added such means of transportation as shall be indispensi- ble, but he cannot promise either bounties, clothing, or any other com- pensation than the pay and subsistence before mentioned. Your very humble Serv't. 1791. War Department R. BATES, MAYOR OF PETERSBURG, TO THe Governor. Certifying the testimony of Ralph Pope and Samuel Pope, of Peters- Petersburg burg, who state that on Wednesday, the 23d of last month (November), they discovered about half-past four O'clock in the morning, the Store House of Richard Blow, of Petersburg, to be on fire, (that it was evi- dently the work of an incendiary), and that the said House was so sit- uated as to endanger the greatest part of the Town of Petersburg and many of the Public Tobacco Warehouses. Decem. 6th CORNELIUS BOGARD AND ABRAHAM CLAYPOOL TO GOVERNOR HENRY Decem. 6th LEE. Sir, The late defeat of Gen'l St. Clair is matter of sufficient moment to Richmond attract the attention of every Virginian, but especially of such of us who live on the frontier. Impressed with a sense of the duty we owe to 406 CALENDAR OF STATE PAPERS. 1791. our families & constituents, at the fatal event, We, the representatives Decem. 6th of Randolph County, having no one else to look to, we turn our atten- tion to you, sir, as the Guardian & protector of our lives, our rights, our liberties. It is needless for us to inform you; we are a frontier county consequently more subject to the incursions of our cruel & merciless enemy. Fatal experience in the course of the last spring, sufficiently evinced us of their barbarity, a continuance of which hath been prac- tised in an adjacent county, since our arrival to this place. But what have we not now to fear from the defeat of Gen'l St. Clair, who we have considered as our main barrier. We must therefore solicit the inter- position of your Excellency in the granting us such temporal aid as you may deem necessary, until the General government shall take effectual measures for our defence. : Decem. 8th Richmond We have the honor to be, Your Excellency's most obedient, Humble Servant. K JOHN P. DUVALL TO THE GOVERNOR OF VIRGINIA. Sir, The Late murder which was Committed by the Savages on the 4th of October Last, neare to Muskingum, as well as the frequent Depreda- tions on the Western frontiers, and in particular the County of Harri- son; and also the defeat of Gen'l St. Clare, which will Incorage them to persist in their Cruelty. I do therefore, in behalf of my Constituents, take the Liberty to Request of your Excellency to grant for the Pertec- tion of the s'd county of Harrison a sufficient numb'r of men, which may be thought necessary for to answer the purpose. Sir, as to the Idea held out that the Federal troops are a Protection to us, is but a meare shadow without substance, and am sure that your own knowledge & expearance of a military life is sufficient to satisfy you that it is the Case. I should suppose that a Company of men from the County would be sufficient, and I would wish to be called on by the Executive for further information. I conceive also, that the Counties of Ohio & Kinaway are in Extream Danger; those three Counties well defended, I think will cover the Hole. And Hope your Excellency will take our Distresses under Consideration, and give such Relief as may appear to be right. And have, Sir, the Honor to be, Your Excellency's Most ob't, Huml. Serv't. CALENDAR OF STATE PAPERS. 407 : JAS. TAYLOR, COMMISSIONER FOR BUILDING MARINE HOSPITAL, TÓ GOV- ERNOR HENRY LEE. 1791. Incloses resolution of commissioners, requesting the Governor to issue Decem. 8th his warrant to Wm. Newsum as Clerk to the commissioners, for twenty- Norfolk five pounds out of the money belonging to the marine Hospital fund in the hands of the Treasurer; and also encloses treasurer's statement of amount of said fund-namely, £328, 19s, 4d, balance on statement of May 4th, 1790. Henry Rigby's account, reported on by Samuel Coleman. Balance Decem. 8th due Rigby, £50, 17s, 5d. Jos. MARTIN AND JAMES ARMSTRONG TO THE GOVERNOR OF VIRGINIA. Decem. 10th Sir, SAM'L COLEMAN, CLERK OF THE COUNCIL, TO THE GOVERNOR. On the memorial of Mr. Timothy de mon Breun (referred to him), reports that by act of Assembly passed in October, 1783, One hundred and fifty thousand acres of land were granted to the Illinois Regiment, to be apportioned among them in the same manner that bounties in land were allowed the Officers and soldiers of the continental line; that the Illinois Regiment was a part of the State Line, and as such, entitled Previous to the division of Henry County, Colo. Archelous Hughes Richmond was judge of the Court of said county, and after the division was left in the said county of Henry, were he continued in the said office. By an act passed this present session of Assembly for altering the line dividing Henry and Patrick countys, Mr. Hughes will fall into the latter, by which he will be disqualified from acting under his former commission. From a sence of this Gentleman's integrity and ability to discharge the duties of said office, we beg leave to mention to your Excellency that it is the wish of the people generally that Colo. Hughes should be placed first in the commission of justice of the peace in the said county of Patrick: provided it can be done with propriety. We hope, Sir, you will comply with their wishes, and those of your Most obedient and Most Humble Servants. Decem. 10th Council office 408 CALENDAR OF STATE PAPERS. 1791. to all the emoluments granted to that line, exclusive of the One hundred Decem. 10th and fifty thousand acres before mentioned that being granted them for their extraordinary exertions in the Illinois Country; that his claim against the State of Virginia for his expenses at Kaskaskies, should be addressed to the legislature instead of the Executive. The Memorial of the said de mon Breun (inclosed in the foregoing paper), states that he was a Lieutenant under Gen. George Rogers Clarke, during the expedition to the country of Illinois, when invaded by a party of the British troops & Indians under the cominand of Gov- ernor Hamilton, and that when Col. Winston was appointed to the com- mand of the county of Illinois, the said Colonel commissioned and ap- pointed your Memorialist commandant of the Village of Kaskaskias & its dependencies, at which time there were many disaffected persons in that district, in which command your Memorialist continued till the arrival of Governor Sinclair. That in the performance of his duties as commandant of Kaskaskia, to preserve the neutrality of the Indians, he found it expedient to furnish them provisions and make them presents; he suffered much during his service, having been captured and carried to Vincennes while held by Gov. Hamilton, & finally released by Gen'l Clarke. Thinks he should be compensated by the State. Decem. 12th Richmond WM. MEMACHAN TO THE GOVERNOR. Sir, I beg leave to inform your Honorable board that the Indians have (these two years past), generally made their attack on the County of Ohio first. In the month of February last, they killed a Captain Bog's son, and took seven Rifles and seven horses and saddles at the same time. In March following, they killed five, took two prisoners and car- ried off fourteen horses. It were unnecessary to enumerate the various incursions made upon us in the present year, but 'tis certain fifty per- sons and upwards have been killed in the course thereof, a number ex- ceeding that of the losses which the four counties of Monongalia, Harri- son, Randolph and Kanawha collectively have sustained in the course of the four preceeding years. When the Honorable the Executive took measures for the defence of the frontiers, formerly the number of Scouts, (if I mistake not,) was six, and that of Rangers, sixty, alloted for the defence of Ohio County. Our frontiers extends upwards one hundred miles on the River, which forms the only barrier against the attacks of the savages, and I have taken the liberty of mentioning the number of scouts and Rangers allowed formerly, that your Honors may advert to the length of the Frontier line of that period, and comparing it with what I have informed you it is now. See its increase, and of course that the situation of our people is become more critical and dangerous. CALENDAR OF STATE PAPERS. 409 1791. It is known to your Honors that the Indian depredations are not con- fined to winter only. They are as frequent in summer. When made Decem. 12th at the former period, fresh provisions are sufficient, but at the latter, they may not answer. And as the people are obliged to pursue and at times, to be absent fourteen or fifteen days, there may perhaps appear a necessity of keeping a supply of salted provisions, such as may be most easily procured and will answer. I trust, Sir, I shall find an apology for this address in the occasion, and shall conclude with informing you that there cannot in the county of Ohio be found a single pound of good powder. Sir, I have the honor to be, Y'r mo. ob't Serv't. for the the hearin LIST OF OFFICERS FOR MONONGALIA AND RANDOLPH COUNTIES. G. W. Jackson, Cornelius Bagand, Benj. Biggs, Wm. Menachan, Abra- Richmond ham Claypool, John Haymond, John Evans, Ju'r, Thomas Tindell, to the Governor of Virginia. Dear Sir, The receipt of your Excellency's letter we acknowledge, dated the 10th of this Instant, with the highest sense of grattitude, and gives us the deepest satisfaction to see a Friendly Disposition in the Executive to give us protection. We are holding a Council amongst ourselves for the Senatorial District of Monongahalia, fixed upon the Distribution of men that we are to have for our protection, Calculating on two full Companies of Infantry, which your Excellency will see in the inclosed list, which also contains the names of those Gentlemen, who we conceive would be proper persons to take the command of those Companies. We also beg leave to inform your Excellency of another object, which we think worthy of the Executive notice, which is a proportion of ammunition to each of those Counties, and for the Respective County Lieutenants to pút a small part thereof into the Hands of the Militia, with proper res- trictions not to make use of any, unless actually in defence of their Country. As to the Rations those men are to be furnished with, we have here- tofore found it very difficult to procure any person of confidence to undertake to furnish those small Detachments, so dispars'd on account of the Distance & Danger, they must be pack'd together with the inconsiderable price the Undertakers have heretofore been allowed. We have thought by leaving out the articles of Liquor, Soap, & Candles, it might be made an object of some persons attention, who wou'd be depended on to furnish the Provisions at 7 or 8 p'r Ration. Decem. 12th 52 410 CALENDAR OF STATE PAPERS. 1791. We have also in Council thought it would be the most salutary meas- Decem. 12th ure to the Frontiers, that a Council of officers for each County should have the appointment of any succeeding officer which might be wanting by the accident of Death or any other Impediment, and should any other information be necessary, your Excellency will be Kind enough to give us notice, and it shall be Complied with as far as in our power lies. Decem. 12th Decem. 12th Richmond I And believe us to be, with the greatest Respect, Your Excellency's most obedient & dutiful subjects. N. B.-If it w'd be possible that we wou'd be allowed Eight Scouts, which wou'd be four each Company, and two for each County; which we have ever found to be the most salutary measure we have ever expereanced as a temporary Relief in our Country. DANIEL BOONE'S LIST. For Kanaway County, 68 Privets; Lenard Cuper, Capt. at Pint ples- ent, 17 men; Joell Dane, Insine at Bellville, 17 men; John Young, Scout at Elke, 17 men; John Morris, Juner, Insine at the Bote yards, 17 men. Two Spyes or Scutes Will be Nesesry at the pint to sarch the Banks of the River at the Crosing plases. More would be Wanting if the could be aloude. Those Spyes Must be Compoused of the inhabitence. who Well Know the Woods and waters from the pint to belville, 60 mildes-No inhabitence; also, from the pint to Alke, 60 Miles, No inhabi- tence; from Alke to the Bote yards, 20 Milds, all inhabited. This from your most Obedient. Jas. KENT TO THE GOVERNOR OF VIRGINIA. Sir, We have the honor to receive from your Excellency a letter inform- ing us that a temporary aid is granted to the frontiers of our Counties, Consisting of one Company of Infantry; the beg leave, therefore, agree- 'able to the request Contained therein, to recommend to the Honorable the Executive, John Preston, Esq., of Montgomery County, as a Gen- tleman well qualified to command the said company. We know that he possesses abilities equal to the task & courage to execute his charge, & further, he has acted in the like Command before with approbation. We also beg leave to recommend Mr. James McGavock, of Wythe, & Mr. William Preston as Gentlemen fit to act as subalterns. We hope these Gentlemen will answer our best wishes in the execution of their offices. 1 CALENDAR OF STATE PAPERS. 411 1791. Should your Excellency think proper to appoint them, they have acted in the same capacity under commissions they now bear in that part of Decem. 12th the country in which they will now be stationed with applause. We have the honor to be, Your Excellency's most ob't Serv't. JOHN KEARNS AND JOHN COWPER, JR., TO THE GOVERNOR. They certify that they are personally acquainted with John Brown, of the county of Norfolk, and that they know he is a person of unsound mind; that he has frequently been in this unhappy situation, and was twice in confinement in the Lunatic Hospital at Williamsburg. He has enjoyed lucid intervals of one or two years or more; they recommend him to the indulgence of the Executive-Mr. Brown having been committed to the jail of Norfolk county under certain executions issued in behalf of the Commonwealth. In view of the foregoing, the General Assembly by resolution of the 9th of December, 1791, requested the Executive to suspend the operation of the said Executions, for such time and on such conditions as they (might) think proper. D. Sir, JOHN P. DUVALL TO GOVERNOR HENRY LEE. Informs the Governor that from the instructions received by him Richmond from the Secretary of War, it is evident that no pay can be received from the United States for Scouts until after the 10th day of August. After consultation with the delegates of his District, he recommends the Officers to command the men who are to be raised. He is shure that a few scouts would render essential service, as (he) always thinks one good scout Equal to ten common men. 1 Decem, 12th JOHN HARVIE AND W. FOUSHEE, DIRECTORS OF THE JAMES RIVER COM- Decem. 13th PANY, TO GOVERNOR LEE. G. W. JACKSON TO GOVERNOR LEE. Decem. 13th Request payment of the balance of the requisitions now due as well Richmond as for the delinquent shares purchased in the James River company. Norfolk Decem. 13th Since your Excellency mentioned your desire of Ingaging with Richmond some person to muster and provision those Rangers who is to be raised 412 CALENDAR OF STATE PAPERS. 1791. for our Western Defence, I have thought of undertaking the business Decem. 13th in our Senatorial District, should your Excellency think me a proper person, and if surety should be necessary, there is several Gentleman here of my acquaintance on the Assembly that I can give. I have also con- nected with the majority of the representatives from our District and it semes very agreeable to them. At the same time I beg leave to men- tion another Circumstance, that is, should the Executive alow ammuni- tion for our Country, have a gentlemen agoing to leave this place to-mor- row, who, I believe, would undertake to waggon it out and could be de- pended upon. South Carolina Decem. 14th CHARLES PINCKNEY, GOVERNOR OF SOUTH CAROLINA, TO THE GOVER- NOR OF VIRGINIA. Decem. 15th I have the Honor to be, Your Excellency's most obedient and very Humble Sevt. Demands John Holzendorf, charged with forgery in the State of South Carolina, and fleeing from justice to the State of Virginia, in which last State it is alleged that the said Holzendorf now is. This requi- sition bears the signature of Charles Pinckney as Governor, and Peter Freneau as Secretary, and has affixed to it the Great Seal of State. A. SINGLETON TO A BLAIR. Sir, It is impossible to give an exact account of the cash in hand at pre- sent, but I presume there may be near £15,000. Decem. 16th Resolved unanimously, that the Resolution on which the address to House of the Natural Assembly of France is founded, together with the Address Delegates itself, be transmitted by the Executive to that Body. Agreed to by the Senate: A copy-Teste: Teste: CHARLES HAY, C. H. D. H. BROOKS, C. S. CHARLES HAY, C. H. D. CALENDAR OF STATE PAPERS. 413 G. W. JACKSON TO THE Governor. I am your Excellency's Most obedient and Humble Serv't. D. Sir, This instant I Rec'd your letter and the appointment to furnish Decem. 16th the Companys of Volunteers, which is to be rased for our defence next Richmond spring, and shall most ashsuredly comply with the trust reposed in me by the Executive if in my power, but I feare it will be almost impossa- ble, as the distance is very considerable, the provisions must be pack for those rangers. When I first thought of undertaking to find those men, it was my intention to precaure some Gentlemen in each County who I could confide in to furnish the rangers allowed to their County, for it is neare One hundred & forty miles from the Courte House of Randolph to the Court House of Ohio County; and I also expected the rations. would be at 7s, 2d., at least, as I have been informed by Col'n Beggs, a mem- ber of the Assembly for Ohio County, that the contractor for the Federal troops is allowed ten or Eleven Cents; this last fall p'r ration on account of the scarcity of provisions, &. WM. MEMACHAN TO THE GOVERNOR OF VIRGINIA. AUGUSTINE DAVIS TO GOVERNOR HENRY LEE. Informs him that the 1500 copies of the acts of the 3d session of Con- Richmond gress directed by the General Assembly of Virginia to be printed for the use of the Counties, are now ready to be delivered. 1791. I have the Honor to be, very respectfully, Sir, Y'r m. ob't Serv't. Decem. 16th Sir, I have the honor to transmit the inclosed as the form of an agree- Richmond ment for the transportation of the ammunition alloted for the frontier counties. The Expenses attending it are low, and Colonel Boone's inducement to the undertaking is the payment of the Consideration in advance on the determination of the Honorable the Executive in this case; the agreement will be executed, and either lodged in the Council chamber or remain with me. Decem. 18th 414 CALENDAR OF STATE PAPERS. 1791. Free negro Abraham entitled to £19, 7s, 10d, for services at the West- Decem. 19th ham Foundery during the management of Mr. Reveley. Decem. 20th Richmond Decem. 20th Phila- delphia Decem. 20th JOHN P. DUVALL TO THE GOVERNOR OF VIRGINIA. Sir, I ca'ld wish to have about 20 of the men to be Raised for the De- fence of Harrison County stationed on the Ohio, 10 at Neebo Station, the Little Kanawha, & 10 at or near the mouth of Muskingum. I ca'ld also wish your Excellency to appoint some person to employ a person to prepare the arms belonging to this State in the Counties of. Ohio, Monongalia, Harrison, & Randolph, as they are much out of Re- pair, and also wish you to appoint Col. Benjamin Wilson to muster the men for the Counties of Harrison & Randolph. And am, Sir, Y'r Excellency's most ob't, Huml. Serv't. Jas. Monroe TO THE GOVERNOR OF VIRGINIA. Sir, My preceding letters to Governor Randolph Communicated the several propositions that had been made upon the representation bill in the Senate, and the State in which the business then rested, after being handed from house to house for some time upon the amendment of one for 33,000 each insisting. Yesterday the H. of R. adhered to the Bill as originally adopted there. The question was in consequence resumed in the Senate to-day, and the motion for adherence carried in the affirma- tive by the vote of the Vice-President only. By this, the bill has been lost, so that the subject must be commenced again. I will hereafter transmit to your Excellency a copy of the whole of the proceedings upon this subject. I have the honor to be, with great respect & esteem, Y'r Excellency's most Ob't & very humble Serv't. At a Court held for Augusta County the 20th of December, 1791, and 16th year of the Commonwealth: Present-William Bowyer, Richard Mathews, Alexander Nelson, James Ramsey, James Berry, David Stephenson, Joseph Bell, Robert Porterfield, Alexander Gibson, Robert Douthat, &c., Gentlemen Justices. CALENDAR OF STATE PAPERS. 415 1791. A majority of the acting magistrates within the said County being present, doth recommend to his Excellency, the Governor, the following Decem. 20th gentlemen as fit persons to be added to the Commission of the peace for the said County of Augusta, to-wit: Alexander Humphreys, James Lyle, William Robertson, and Robert Stuart. And at a Court Continued and held for the said County, Wednesday, the 21st December, 1791: On the determination of the Court of Augusta County of yesterday, recommending the following persons to be added to the Commission of the peace for the said County, viz: Alexander Humphreys, James Lyle, William Robertson, and Robert Stuart, William Bowyer, presiding magistrate of said Court, begs leave to enter his discent as to the recom- mendation of James Lyle for the following reasons: as the said Lyle is clerk of the District Court of Augusta, he conceives a great impropriety of his setting as one of the Judges of the County Court, as many matters coming under their Cognizance are removeable to the District Court where he is Clerk, and may be Interested; which is Humbly submitted to the Honorable Executive for their Consideration. Test: A. MCCLENACHAN, C. A. C. WM. DAVIES TO GOVERNOR LEE. Sir, The papers enclosed herewith are copies of some settlements for which Mr. Coleman applied some time since, and should have been for- warded sooner, could the originals been sooner obtained from the office of the General board. In making the copy, I directed that the calcula- tions, &c., of the Auditor should be written in red ink for distinction sake, which you will please to observe. In regard to the settlement of the account of the State with the United States, nothing new has occurred to lessen the expectation of a favorable issue; on the contrary, I have so far impressed the Board with the Justness of the Statements, from the progress already made in the investigation, that they have assented to a mode of examination much more summary & (of course superficial) than we have hitherto adopted. I have the honor to be, Sir, very respectfully, Your Excellency's most ob't Serv't. Decem. 20th Phila- delphia 416 CALENDAR OF STATE PAPERS. 1791. Daniel Boon gives receipt for 4 hundred w't of powder, & 1600 w't Decem. 22d of lead, with 1 barrel of flints, for the use of the company under his com- mand, and that under Captain Lowther, which he engages to employ without change or barter, solely in the service of the Commonwealth, &c., &c. Point of Fork Decem. 22d W. McMachan having delivered the advance stores, as required, orders Richmond Colo. Daniel Boon to deliver at Moorfield, in Hardy County, sixty lbs. of powder, 240 w't of lead, & proportion of flints; at Morgan Town, 190 w't powder, 760 w't of lead, & proportion of flints; at the mouth of Buffalo, 150 w't of powder, & 600 wt lead, & proportion of flints, &c. Pennsyl- vania To the Senate and House of Representatives of the Commonwealth of Pennsylvania: Gentlemen, In compliance of the request of the Governor of Vir- ginia, I have directed the Secretary to lay before you a variety of communications respecting the several demands, which under the sanctions of the federal Constitution, were formerly made upon the Executive of that State for surrendering certain persons as fugitives from Justice of Pennsylvania, and should you be desireous of obtaining further information upon the facts that are involved in these subjects, I beg leave to refer you to the address and the Documents which were delivered to the Legislature on the 24th day of August last. This representation from the State of Virginia, appears in some res- pects to be founded upon misinformation as to the facts, and in others, upon a misconception as to the Law, In the case of the demand, for delivering up the persons who had forcibly carried off a free negro, it is indeed avowed that the act was committed, but the authority of the state to render it criminal, the circumstances which constitute a flight in the offenders, and the operative sanction given to the demand by the present Constitution of the Union, are still doubted and denied. I trust however, that it will not be thought necessary at this day, to assert the sovereignty of the state within her own territory, upon matters of internal policy. She had the unalienated powers to Legislate upon the subject which has produced the controversy. Her Law defined and declared the offence, and it is the duty of her officers, if they cannot prevent, to furnish, (punish!) every violation. The offence it is true, can only be committed or punished within the Jurisdiction of the Gov- ernment, (under) whose authority the Law is enacted, but when com- mitted, whether by Citizens or by Strangers, the federal obligation CALENDAR OF STATE PAPERS. 417 expressly provides against that impunity, which flight into another Country might otherwise afford. The Documents that have been trans- mitted by the Executive of Virginia, provides (prove!) that the Citizens of that state made an irruption into Pennsylvania, with the immediate purpose of carrying off the negro in question. The moment that the act was committed, these persons became offenders in the contemplation of the law; and the moment that they retired from the jurisdiction of this state, they became fugitives from justice, within the meaning of the Constitution of the United States. Nor can it be of any importance to the enquiry, whether the circumstances stated respecting the original condition of the negro are true or not, since the Laws of Pennsylvania, though they will not permit violence or injustice, supply an adequate remedy for every wrong. If the negro was not lawfully emancipated, he would have been restored to his Master upon a peaceable application to a competent tribunal, but if by the benevolent operation of an Act of the General Assembly, (which has long been esteemed an honor and an ornament to our code,) he has obtained his freedom, it is surely incum- bent on the power that bestowed the blessing to protect him in the enjoyment of it. Thus the claim to the services of the negro, if just, did not require force to maintain it, and if unjust, force can never alter its nature, or be allowed to expiate the injury, which in effect it per- petuates. But independent of these considerations, it will be remembered that in the case of the negro who was deprived of his liberty, as well as in the case of the Indians who lost their lives on Beaver Creek, the Grand Inquest of the proper County have brought the several accusations against the persons that were named in the respective requisitions pre- sented to the Executive of Virginia. The investigation of the facts, therefore, rests with another tribunal, and ought not to be unnecessarily discussed in an extra-judical manner. But if the solemn presentments of a grand inquest are to be considered as charges, if the facts stated in these several presentments amount to crimes, or in other words, if our Laws have any force, even within the boundaries of the Commonwealth, and if strangers, who having willfully committed an offence against the municipal Law of Pennsylvania, retire to a neighboring State, may be denominated fugitives from Justice, then every member of the section of the Federal Constitution which authorizes the demand as a prelimi- nary to the trial of the offenders is amply satisfied on the present occa- sion, and neither policy, justice, nor candor will admit a construction of that constitution which at the time of the ratification shall place the Citi- zens of the Union in a state of nature, and declare the antecedent period to be now free from every federal compact or obligation. I have thought it proper, Gentlemen, to accompany the papers from Virginia with these explanatory remarks, and shall take an opportunity 1791. Pennsyl- vania 53 418 CALENDAR OF STATE PAPERS. 1791. Phila- delphia Russell Co. Surry Co. Decem. 24th Richmond of communicating my sentiments upon the subject to the Executive of that State from whose candor, judgment, and patriotism I expect every satisfaction that the case requires. That part of the Communication which alleges that some irregulari- ties have been committed by the Citizens of this State in seducing and Harbouring the Slaves of Virginians, I shall also endeavour to investi- gate; but in the meantime we may indulge an honest pride, and our sister State enjoy a reasonable consolation in reflecting that the Courts. of Justice are invested with full powers to redress every injury which one individual can suffer, and those powers will certainly be exercised with wisdom, vigilance, and impartiality. (Signed) THOS. MIFFLIN. Simon Cockrell reports to the Executive of Virginia "the situation of the County of Russell" in regard to the Indians. Guards of men re- quired as follows: "At the Baptist Valey at the begining of the county ought to be ten men; ten more at the Richland on Clench river; Ten more at the new Garden; Ten Glade hollow; 20 at Castles woods; Ten at the crossing of Clinch at the Kentucke road; Ten men for the de- fence of mockason; Ten more rie còve. These men are highly necessary, exclusive of those of Powell's Valey, for the defence of the body of Russell county. Powel's valey is ten miles distance from the nearest body of this settlement, and contains about 150 male titheables; this settlement is about 80 miles long," &c. ERASMUS GILL TO GOVERNOR HENRY LEE. Recommending Mr. Francis Ruffin as a proper person to collect the "arrearages of Taxes due," in the District of Surry County. He begs leave to assure the Governor that "Mr. Ruffin's moral character is pure and honest. His circumstances in life are easy, & he is blessed with an agreeable family, whose affibility indears them to all their acquaintance. Added to this Mr. Ruffin has a son grown, who can assist him & facili- tate the business," &c., &c. HARRY HETH TO THE GOVERNOR OF VIRGINIA. Sir, I have the Honor to Inclose you an Am't Sales of the balance of Tobacco rec'd by me as agent for the sales thereof. A statement of the CALENDAR OF STATE PAPERS. 419 Loss sustained by the public on the said tobaccoes, amounting to 1791. £34,730, 7s, 61d; for which sum your Hbl. Body will be prepared to Decem. 24th direct the Auditor to give me credit that my account may be balanced on the public Books. I hope to be pardoned for suggesting that the allowance made me by the Hbl. the Executive for transacting this business, has not been pro- portioned to the trouble, risque, and anxiety attending it. It certainly COULD not have been their intention to reduce the allowance below an equivalent for my services; and yet I am persuaded, that when the cir- cumstances relating to the Agency are reconsidered, it will appear to be the case. I however acquiesced in silence under their prior determina- tion on the subject, because I conceived that when they voted me three- fourths of one per cent. on the sales of the first yeare, they had in con- templation to fix a datum whereby to apportion an annual salary, rather than regulate my future allowance by the same rate per centum. I trust, Sir, that this opinion will not by them be deemed unreasonable, when it is considered that the sales of the present yeare consisted mostly of Transfer Tobacco; the greatest part of which was vended by the Inspectors at the different Warehouses (which I was necessarily compel'd to reset) and equally diverted both my time and attention from engaging in any other business. I have the honor to be, with respect, Your Exc'y mo. ob. Hbl. Srv. H. KNOX, SECRETARY OF WAR, TO THE Governor. The letter of the 24th of November, written by your predecessor was received by the post on the third, and answered on the fifth instant. The President of the United States has directed me to assure your Excellency that he Considers the United States responsible for the necessary expence to be incurred at this time, for the defensive protec- tion of the frontiers. That the arrangement which has been ordered by the Executive of Virginia by their act of the twelfth instant, appears Judicious and as economical as the state of the case will admit, and that it will therefore be paid by the General Government, according to the restrictions stated in my letter to your Excellency of the fifth instant. It is, however, to be observed, that the employment of the Scouts were not eontemplated, but as they are considered as essentially neces- sary, and as Congress have, within a few days past, made appropria- Decem. 24th War Sir, I have the honor to acknowledge the receipt of your Excellency's letter of the 12th instant, together with its enclosures, all of which have Department been submitted to the President of the United States. 420 CALENDAR OF STATE PAPERS. 1791. tions for their pay on a former occasion, the President of the United Decem. 24th States assents fully to their adoption. At the same time it is conceived that the number for the Ohio County are not sufficient, it having such an extended frontier. December The County lieutenant therefore will be permitted to call out a num- ber not exceeding eight for the said county, and if your excellency should conceive an additional number necessary to any other county, you will please to direct the same and inform me thereof. As major- general St. Clair is empowered on this subject, it is presumed he will make an arrangement with brigadier-general Scott for the temporary defensive protection of Kentucky. I take the liberty to request that your Excellency would be pleased to direct that the county lieutenants make monthly returns to this office of all Militia or Scouts employed at the expence of the United States. When the accounts of the expences for the defensive protection of the past year, mentioned in your excellency's letter, shall be received, they will be examined and the result thereof transmitted to you. The ex- pences for the Scouts of Randolph county, which you enclosed, shall be paid to the order of the lieutenant of the said County. The President of the United States has directed me to thank your excellency for your assurances of the ready concurrence of the Execu- tive of Virginia in the measures of the general government, taken for the defensive protection of the frontiers. Although this Assurance had been wanting, he should have entirely relied upon the patriotism of the executive, of which you are the head, to support every proper measure for the Common good of our country. I have the honor to be, with the greatest respect, Your Excellency's most obedient and humble Servant. CAPTAIN E. LANGHAM TO GOVERNOR BEVERLEY RANDOLPH. Plans for reduction of Expenses at Point of Fork: 1 Superintendent, 4 Armourers, 1 Corporal, 9 Soldiers, 1 State negro. One year's rations for 16 men; one year's fatigue rum; Forage one year-Total, £724, 6s, 8d. 1 Superintendent, 2 Armourers, 1 Corporal, 6 soldiers, 1 State negro. One year's rations for 11 men; Forage one year; One year's fatigue rum; Contingent expenses-Total, £545, 12s, 11d. Present arrangement for One year. 1 Superintendent, 7 Armourers, 1 Corporal, 15 Soldiers, 2 Carpenters, 4 Women, 2 Children, 1 State negro. One year's Rations for 33 persons; One year's Forage for the Post-Total, £1,162, 12s, 4 d. CALENDAR OF STATE PAPERS. 421 1791. List of Warrants issued by the Auditor from July the 26th, 1791, to December the 31, 1791, inclusive, except interest on certificates, distin- Decem. 31st guishing the funds and subjects, and stating the persons in behalf of whom the warrants issued. WM. MEMACHAN & BENJAMIN BIGGS TO GOVERNOR HENRY LEE. Sir, The alarming intelligence lately received, of the defeat of the Army in the Western country, fills our minds with dreadful fears and appre- hensions concerning the safety of our fellow citizens in the county we represent, and we confidently hope will be an excuse to your Excellency whose zeal has been so frequently evinced in behalf of the distressed Frontier counties for the request we are now compelled to make. In the course of the last year, upwards of fifty of our people were killed, and a great part of our country plundered, notwithstanding the aid af forded by the Pennsylvanians who joined the Virginians in our defence. The success of the Indians in their late engagement with General St. Clair will no doubt render them more bold and daring in their future incursions and attacks upon our defenceless inhabitants. Those adjoin- ing the county of Harrison, extending one hundred miles, covering the county of Monongahalia, and we conceive that not less than sixty or seventy men will be sufficient to defend them. Thro' you, sir, we beg leave to request this assistance. We have the honor to be, Sir, with the greatest Respect, Your Ex'y's most Ob't & very Hum. Serv'ts. JAS. INNES, ATTORNEY-GENERAL, TO LIEUTENANT-GOVERNOR WOOD. Informs the Governor that neither the Strictures of Governor Mifflin, nor the reasonings of the Attorney-Gen'l of the United States have induced [him] to recede from the Opinion which some months since [he] gave to the Executive on a subject similar to the one alluded to in the [Governor's] letter; that if the Governor desires the reasons for his opinion, upon being furnished with the necessary exhibits and papers, [he] will comply with such request. The Governor laid before the board various representations on the subject of a proclamation issued by the Executive on the 3d of May last, in consequence of a demand made by his Excellency, Gov'r Mifflin, 1792. Jan. 3d Jan. 3d In Council 422 CALENDAR OF STATE PAPERS. tion for 1792. for the delivery of certain citizens of this Commonwealth, in order that Proclama- they may be tried in Pennsylvania for a crime committed within that apprehend- State. The Board not being satisfied of the truth of the charge that ing McGuire the persons demanded had fled from justice, advised that a proclamation and Brady, issue suspending the operation of the proclamation of the 3d of May last, until further order be taken therein. issued 3d, 1791 Jan. 3d Jan. 3d Auditor's office Jan. 4th Norfolk Borough Jan. 4th Williams- burg GOVERNOR LEE TO THE COUNTY LIEUTENANT OF KANAWHA County. Requests him to make out a statement of all expences which accrued during 1791, in defence of his county, and forward the Original to the Secretary of war, and a copy of the same to Governor Lee. "These expences for defence will be paid to yourself or order by the Secretary of War." AUDITOR TO LIEUTENANT-GOVERNOR JAMES WOOD. The Auditor beggs leave to observe to the hon'ble the Executive that the Sol's office is discontinued by Law from 31 ulto., [December, 1791]; the duties from that period to be executed by the Auditor. Sir, JAMES NIMMO TO HENRY LEE, ESQ. Previous to the receit of your Letter covering the resolutions of the Gen'l Assembly on the claims of Calvert and Gardner Ag't the Common- wealth, Mr. Speaker had communicated your wishes to me respecting the Depositions necessary to substantiate them. A Deposition has been taken in due form and forwarded. The claimants being the only Sons and Heirs of their deceased Parents, was a circumstance so notorious that it was omitted in the Deposition; if, however, you supposed it essential, a Deposition to that effect shall be immediately forwarded. I am, with respect, Sir, Y'r mo. Ob't. JOSEPH HORNSBY TO GOVERNOR LEE. Informs him that the Lunatic Hospital at W'msburg is much in want of money. 1 CALENDAR OF STATE PAPERS. 423 Requests that the Treasurer of the Commonwealth be required to pay to Mr. Robert Greenhow £150, balance of an order of £300, which bal- ance had been advanced by said Greenhow to the Court of Directors of the Lunatic Hospital. ANTHONY SINGLETON TO GOVERNOR LEE. Resigns his agency of the Sinking Fund, and requests that a com- mittee be appointed to receive the books, papers, money, &c. I have the honor to be with great respect, Your Excellency's most obedient Servant. 1792. Jan. 4th Jan. 5th H. KNOX, SECRETARY OF WAR, TO THE GOVERNOR OF VIRGINIA. Sir, War In pursuance of your letter of the nineteenth of last month, and in pursuance of the act of Congress of the tenth of August, 1790, relative Department to the lands for the late Virginia line, I have been endeavouring to have made a return of the nature described in the said act; but difficulties almost insuperable have occurred. The muster rolls are extremely defective, and so are the returns. The settlements made of arrears are not much better. The United States promised lands only to the Soldiers enlisted during the war, but the State of Virginia appears to have promised lands to the soldiers enlisted for three years, and even for a less period. The former return transmitted, besides the commissioned officers, noticed only such non-commissioned officers and privates as were enlisted for the war, The cases being thus circumstanced, I must request the assistance of your Excellency, if any authentic documents are in the offices of Virginia, which will exhibit the names of persons on continental establishment, and entitled by the laws of Virginia to the lands in question; that you will be so good as to transmit them to me, so by compairing with the evidence we have, I may be enabled to transmit the return as mentioned in the law. I shall in the mean time, direct the subject to be prosecuted according to the documents we possess. Jan. 9th ARCHIBALD WOODS TO GENERAL JAMES WOOD, Esq. Jan. 9th Sends his return of provisions purchased for the Rangers for his Dis- Wheeling trict; had purchased near six month's provisions for the Rangers of his District, but if the Rangers should not be kept in service after March, 424 CALENDAR OF STATE PAPERS. 1792. Jan. 9th Jan. 9th Jan. 10th he would sustain loss in consequence of a portion of the provisions being unused. Hopes the Executive will protect him from such loss. States "Gen'l Wayne is encamp'd Eighty-two miles above this place, but none of his Troops has been in this county or on the frontier thereof as Guards to my knowledge. THOMAS NEWTON, Jr., to GOVERNOR LEE. Inclosing the award of George Kelly and Wm. Lindsay, arbitrators between Thos. Newton, Jr., (for and in behalf of the State of Virginia), and John McCoomb, of New York, undertaker to build the Light-House on Cape Henry. The arbitrators are of opinion that raising the stone from the water had cost Mr. McCoomb more than the same amount of Stone "delivered on the Spott." Calvert & Gardner; their claim for property destroyed: Norfolk Borough: Norfolk Henry Henly of lawful age, being sworn on the Holy Evangelist, Borough deposeth and saith that He was a Sergeant in Captain William Davies' company of the first Virginia Regiment, commanded by Col. Patrick Henry; that He was with Capt. Davies' Company at the destruction of Norfolk; that being a resident of the Town of Norfolk previous to the Commencement of Hostilities, He, this deponent, was frequently ordered on duty out of here in consequence of his knowledge of the Town; that Lord Dunmore cannonaded the Town on the first day of January, one thousand seven hundred and seventy-six, and set fire to a number of the Houses on the wharves; that the fire occasioned by the burning of the warehouses, was in a great measure extinguished on the morning of the second day of January, one thousand seven hundred and seventy- six; that early on the morning of the said second day of January, this deponant was ordered to take command of a patroling party, and to range near the lower streets and wharves; that in the course of performing this duty, this deponant apprehended a number of the Troops of this State, with fire-brands in their hands, destroying the Houses of the inhabitants; that this deponant on the said second day of January, saw The Houses of the estate of Saunders Calvert and of John Gardiner standing unhurt; that the British never after the first day of January, 1776, set fire to any House within the Borough of Norfolk; and this deponent verily believes that the Houses of the said Saunders Calvert's estate, now claimed by his Son, Cornelius Calvert, and of John Gardi- ner, claimed by his son, Christopher Gardiner, was destroyed by the Troops under the command Col. How & Col. Woodford. CALENDAR OF STATE PAPERS. 425 Interrogatories. Are you certain that the Houses of Calvert & Gardiner were standing Jan. 10th unburnt on the 2nd Jan'y, 1776? A. I am certain they were. Being before that period acquainted with the Town and its inhabitants, I was hurt at the destruction that seemed to threaten it from the Troops that was designed for its defence, and seeing Houses unhurt after the burning of Dunmore made an impression on my mind. Q. Are you certain the Houses of Calvert & Gardiner were destroyed by the Troops of this State? A. As far as it is possible for a Man to be certain, I am. Lord Dunmore's Troops never landed in that, or any other part of the Town, so as to burn any Houses, and the Troops under Capts. Woodford & Howe, were certainly engaged in the destruction of the remaining Houses. ř Sworn to, the 29th of December, 1791. Certified. H. HENLY. Henry Henly personally appeared before me, Cary H. Hansford, Mayor of the Borough of Norfolk, & mado oath to the above deposition. Witness my hand this 29th December, 1791. CARY H. HANSFORD, Mayor. James Nimmo, Attorney for the Commonwealth for the Borough of Norfolk, assented to the above deposition before me, the 10th Jan'y, 1791. CARY H. HANSFORD, Mayor. Norfolk Borough: Paul Proby formally appeared before me and made oath that he has been acquainted with the Family of Sauders Calvert and John Gar- diner, late of the Borough aforesaid, and that Cornelius Calvert, Jun'r, is only son and Heir of Saunders Calvert, and that Christopher Gardi- 4 ner is the only son & Heir of John Gardiner. PAUL PROBY. Sworn to in presence of James Nimmo, att'y for the Commonwealth, before me 10th Jan'y, 1792. CARY H. HANSFORD. 1792. 54 426 CALENDAR OF STATE PAPERS. 1 1792. Jan. 10th Resolution respecting Cornelius Calvert December 15th, 1791: In the House of Delegates, Thursday, the 15th of December, 1791. Resolved, that the petition of Cornelius Calvert, son and heir-at-Law of Saunders Calvert, deceased, praying to receive payment for certain property destroyed in the Borough of Norfolk by the Troops of this State during the late war be referred to the Executive, who, on proof thereof to them made, may direct the Auditor of Public Amounts to issue certificates for the same agreeable to the valuation of the Commis- sioners appointed to ascertain the losses sustained by the destruction of the said Borough. Teste: 1791, December 17th. Agreed to by the Senate. A copy-Teste: Teste: CHARLES HAY, C. H. D. RESOLUTION RESPECTING CHRISTOPHER GARDNER. In the House of Delegates, Thursday, the 15th of December, 1791. Resolved that the petition of Christopher Gardner, only son and heir at-Law of John Gardner deceased, praying to receive payment for certain property destroyed in the Borough of Norfolk by the Troops of this State, during the late war, be referred to the Executive, who on proof thereof to them made, may direct the Auditor of Public Accounts to issue certificates for the same, agreeably to the valuation of the Com- missioners appointed to ascertain the losses sustained by the destruction of the said Borough. A copy-Teste: H. BROOKE, C. S. CHARLES HAY, C. H. D. Agreed to by the Senate, December 17th, 1791. CHARLES HAY, C. H. D. H. BROOKE, C. S. CHARLES HAY, C. H. D. CALENDAR OF STATE PAPERS. 427 · CAPTAIN JNO. ROGERS TO GOVERNOR HENRY LEE. Sir, I find by the Journals of the Assembly, that they have passed a resolution directing your Excellency to send to the president of the United States, a statement of facts in the case of Charles Russell and others, officers and soldiers who have located their lands below the Tenece. As I have had it in my power perhaps to be better acquainted with the situation of the lands and claims alluded to by the resolution, than any other person, I have therefore taken the liberty to send your Excellency the following statement of facts, &c. M At the close of the war, I was appointed by the officers a superin- tendent of the military Claims, and by the Assembly a Trustee for the purpose of assignating & laying off 4,000 acres of land upon the Missis- sippi, which this State gave the Army for the purpose of building a Town on. To comply with which appointments, I went to the Missis- sippi in the spring of 1784, and explored the country below the Tenece as well for the purpose of finding an elligable spot for the Town, as to enable me to locate for the officers and soldiers their claims upon the best lands, as appeared to have been the intention of the Assembly should be done. Upon the return of the superintendents to the falls of Ohio, from the different parts of the Military bounds which they had gone out to explore, they directed the opening of the surveyors office, and prosceded to make entries of the claims or warrants then in the hands of the surveyor. The priority of location being first determined by lottery, at which time, (by examining my notes of the entries made by the Superintendents,) I find there was located between the Tenece, Ohio, Mississippi, and Carolina Line, the quantity of acres of Military claims, and 4,000 acres for the Town of Colombia, and that all the first entries were made in this quarter, it being thought to be the most desirable part of the Military bounds. There are many of the officers that have the whole of their claims located in this tract, and others have sold their lands in this quarter for a good price, & have bound themselves to make good the title, which in the present situation of those lands is out of their power to do, nothwithstanding which, several officers of my acquaintance have had suits instituted against them for. I myself became a purchaser in this tract, for which I gave 64s. p'r acre in spitia, exclusive of the surveying and patanting fees. The present situation of the above tract of country, if not attended to by the pub- lick, will occasion many other officers and soldiers to loose their bounty in Lands, & others to be torn to pieces with ruinous law suits, to make good a title which is out of their power to do, and which they were induced to bind themselves for, in consequence of the publick faith being pledged to the Army. There is also in this tract about 300,000 acres of land claimed by Individuals, located and surveyed upon Treasury war- 1792. Jan. 10th Caroline 428 CALENDAR OF STATE PAPERS. 1792. Jan. 10th rants, previous to the reservation to the army. I will relate another fact which the Assembly in their resolution has taken no notice of, (I suppose for the want of Information it escaped them.) It is the cession made by the comitioners at the Treaty of Hopewell, on the Cowee River in 1786, of all the lands laying West and Southwest of the divid- ing ridge between the waters of the Cumberland and Tenece Rivers to the Chickasaw nation, which nation had no claim to so much of the lands so ceaded, as lay above or east of Tenece, and were originally bounded to the Eastward by that River. This nation were also in a perfect state of peace & friendship with the United States when the above treaty was pretended to be made. They having laid down the Tomhawk upon receiving a message from Gen'l Clark desiring them to do so, therefore no such sacrifice as was made of the lands above the Tenece could have been requisite. The several Indian claims to all the country within the Chartered Limmits of this State south of the Ohio, which lays East of the Tenece, was extinguished at the treaty of Lan- caster, in 1744, and again confirmed at the treaty of Fort Stanwix, in 1768, and I believe again re-extinguished by Henderson, & Co., for which as it was thought their purchase had tended to reconsoile the Indians. This State gave the above company 200,000 acres of Land at the mouth of Green River; this circumstance, as far as it relates to the ces- sion of the lands above or east of the Tenece, I cannot but view as a wanton attack of the commitioner who made the treaty upon the sover- ingty of the state as well as a more wanton usurpasion & sacrifice of private property-to what (may perhaps) be called publick good; for there is about 10,000 acres of military claims located, surveyed, and pat- tented in this Tract, 2,000 acres of which is my property, part of the Bounty for my own services, and was patented to me in October, 1786. It lays in the Fork at the confluence of those two fine Rivers-the Ohio and Tenece; this I have held as a most valuable spot, being situate upon two of the Largest Rivers in the United States. I have long intended to lay out a Town thereon, and have long waited for the publick to do something with the Indian claim which has been lately set up to this Tract, but finding that nothing was like to be done, I had determined to settle the above place, and have engaged a number of Families in the Kentucky and Cumberland Settlements to go with me for the purpose of settling a Town thereon next fall. I hope previous to that time the pubblick will step forward in behalf of such Individuals as are unjustly kept out of the use of their property in this quarter, by unjust Treatys or pubblick regulations, &c. I have the honor to be, Sir, Your Excellency's most Ob'd't and most Humb. Serv't. CALENDAR OF STATE PAPERS. 429 SAM'L COLEMAN TO THE GOVERNOR. Informs the Governor that he had examined the quarterly returns from the Post at the Point of Fork, and find the amount of Wages due the Superintendent, Artificers, and Guards, to the 31st of December, 1791, to be £89, 1s, 8d. MAJOR E. LANGHAM TO THE GOVERNor. Incloses an account of Hirelings' wages at Point of Fork since last Jan. 11th May. Thinks they should be paid. Requests directions as to the debts due-whether to await payment, bring suits, or return the accounts to the solicitor-thinks the debtors able to pay. Bonds are taken payable to the Governor and his successors. His long continuance in the public service has much deranged his private affairs, and as he will have occa- sion during the coming year to visit Kentucky and Maryland, will not be able to give proper attention to the public business, unless permitted to employ a clerk at the Point of Fork or allowed a reasonable vacation, to make the visits mentioned. * * SAM'L COLEMAN TO THE GOVERNOR. Enclosing a memorandum of Artillery at Taylor's Ferry on the Pamunkey River in Hanover County, belonging to the Public: ↓ Sir, I have the honor to inform you that I have seen Mr. Taylor on the subject of the disabled brass cannon, and the utmost which I could get him to offer for it, is three pence half penny per pound. By what I understand of him, the preparation of the metal for fusion will be infi- nitely more expensive than the transportation of it, as he will be under the necessity by Laws and other apparatus which he must provide and prepare for the purpose, to reduce it to pieces, to be received by Cruci- bles not more than 4 or 5 inches diameter, and 8 or 9 inches deep. This in part may as well be done where the cannon is, as in Richmond; by which it will be rendered conveniently portable, and therefore may as easily be transported as any other article of the same weight. I am honored with a note from Colonel Steele informing me that the price of NOTE. The above letter relates to Seven brass cannon, weighing respectively from 4,960 to 6,040 pounds; also to three large iron cannon-all of which were examined by Wyatt Coleman & J. Taylor, Jan'y 3d, 1792. 1792. Jan. 11th Council office Jan. 16th Council office 430 CALENDAR OF STATE PAPERS. 1792. Jan. 16th United States Loan office Jan. 19th such metal at the founderies in England is from 7d. to 8d. per pound, according to information which he has received from Mr. Murray. I presume this to be the case, if we judge from the price which is gene- rally demanded for articles composed of such metal. My own opinion of Mr. Taylor's offer, is, that having been put to considerable expence in coming among us for the purpose of Establishing such a useful fac- tory to the community, he has an Eye to that inconvenience in the price he has offered. A question of policy then arises, whether it would not be better that the commonwealth lose £40 or £50 in the price of the Gun, than that for want of due encouragement, we lose the opportunity of having such a factory established in our country. I have the honor to be, with very great Respect, Sir, Jan. 16th JNO. HOPKINS, COMMISSIONER OF LOANS FOR VIRGINIA, TO THE Gov- ERNOR IN COUNCIL. Your most ob. Serv't. Sir, On the 18th of October last, I had the honor of communicating to the Executive the amount in State debts, which had been subscribed in this office to the loan of the United States, in pursuance of their act of the 4th of August, 1790; also, requesting the Executive would be pleased to direct the officers of the State to inform me the balance of debt due by the State, which remain unredeemed & in the hands of Individuals. As the final issue of Stock on the aforesaid subscriptions will soon take place, and as the period of payment of Interest on the assumed debt, as well to subscribing as non-subscribing Creditors, is approaching, I beg leave to repeat the application before made, concerning the amount of the remaining debt of the State, in order that I may transmit the information required to the Secretary of the Treasury. I have the honor to be, with the most perfect respect, Your Excellency's most Ob't & most humble Servant. SAM'L MCCRAW TO JAS. WOOD, Esq. Incloses the record of Goochland court in the case of an information vs. Philip Webber for retailing spirituous Liquors contrary to Law, with a request that Mr. Wood would lay the same before the Board. CALENDAR OF STATE PAPERS. 431 J. AMBLER, TREASURER, TO THE GOVERNOR. It appears that lists of the lands purchased in behalf of the Common- Jan. 21st wealth for non-payment of the Taxes which remain unredeemed, and which have been returned over two years, must be transmitted to the Sheriffs of the respective counties. All the returns which had then been in the Treasury two years, were in the month of - last, agreeably to the directions of the former act sent up to the Hon'ble Board; those that remain and have been here for two years, are sent herewith. From these Returns the lists required may be made out. I am, with great respect, Your Excellency's most Obed't, Humble Serv't. JNO. HOPKINS TO THE Governor. Transmits a draft for three thousand dollars in part of the commis- Richmond sioner's draft for twenty-eight thousand dollars on account of Federal Buildings, which he requests the Governor to direct the Treasurer to pay. 2d. Precaution in case of the loss or miscarriage of those papers, as they are the only evidence of the right of the commonwealth. With regard to the first, recommends that the lists be transmitted by the Riders employed to carry out Notices & executions against the pub- lic delinquents; that copies of the lists should be made and retained in the council Chamber or filed in the Auditor's office. 1792. J. PENDLETON, AUDITOR, TO GOVERNOR LEE. Jan. 25th office Suggests that under the act of Oct'r, 1787, directing the sale of lands Auditor's purchased by the county commissioners in behalf of the commonwealth, only two things to be advised by the Executive: 1. The most safe & least expensive mode of transmitting the lists to the respective sheriffs. He encloses an Abstract amount of the three classes of the funded debt of the State, denominated military, Loans, and Funded Paper money, as follows: Military Certificates on Continental establishment, - £526,256, 15s, Od. Ditto., State establishm't, Loan Office, 196,678, 18 11 102,743, 4 10 4,282, 3 10 Funded money, £829,961, 2s, 7d. 1 Jan. 25th 432 CALENDAR OF STATE PAPERS. 1792. Jan. 26th Jan. 28th Phila- delphia Jan. 30th Clinch river Jan. 31st GEORGE JACKSON TO GOVERNOR HENRY LEE. Informs the Governor of his inability to furnish the Rangers of his district with provisions, as no one will contract at the price fixed. Desires to know if the United States or the Governor will allow more than the established rate, if found necessary to such contract. OLIVER POLLOCK TO GOVERNOR HARRY LEE. Requests an authenticated copy of an Affidavit by Ebenezer Reese, made on the Havana, respecting his outstanding debts, including 957 dol- lars of his private property, which was seized for the payment of his public debts; which affidavit is filed with his papers in the Auditor's Office. Also desires an authenticated copy of Governor Estephen Miros' letter to the Governor of Virginia, Dated New Orleans, July 27th, 1790, now before (the executive council). Excellence, DE TUBEUFF TO THE Governor. The interest that you shew for my settlement penetrate of grattitude no nobody like me, receive, Sir, my all thanks. I will give all my application to be worthy of your good will, and this of state. I have restored to Master David Ward the packet you have sent to me for him. He is ardeathy officious to acquit himself of your intention. One of my friends go to Richmond in this moment, with my powers to receive the Six hundred pounds that the government has lend to me, which shall prepare them to join me upon Clinch River, whe i am now, and where i make one personal settlement this one month. I will inform your Excellence if she will permit to me concerning the progress of my alls Settlements. Your Excellence will excuse the incorrections of translations of my son, that begin to be my interpreter. I have the honor to be, Excellence, Your most obedient Servant. Bond of Francis Pierre de Tubeuf and others to the Governor and his successors, for the payment of 600 pounds, which had been lent by the State of Virginia for the purpose of settling himself and other French immigrants on the lands of the said de Tubeuff in the County of Russell, which said bond contains the following condition: CALENDAR OF STATE PAPERS. 433 The condition of the above obligation is such that if the above bound Francois Pierre de Tubeuff, Louisa Duchesne, Charles De Spada, Cesar Lefebre, Eusebe Delaplanche, and Simon Perchet, their heirs, Executors, & administrators, shall pay or cause to be paid to the said Henry Lee, Esquire, the Governor of the said commonwealth or his successor, the sum of two thousand Spanish milled Dollars, or the value thereof in Gold or Silver coin, as is now received in the Treasury. Now, if the above sum of two Thousand Spanish Milled Dollars or their value, in Gold or Silver coin, together with legal interest from the date hereof, shall be paid unto the said Henry Lee, Esquire, Governor of the said Commonwealth, or his successor, on or before the first day of January, which shall be in the year One thousand seven hundred and ninety-nine, then this obligation to be void, otherwise to remain in full power and virtue. Signed, seal'd, and delivered in presence of— HENRY DICKINSON, Jr., NATHAN ELLERSON. SAM'L COLEMAN TO THE GOVERNOR. SAM'L Making report of Pay and muster Rolls of the Company of Rangers commanded by Captain McGavock, prepared in pursuance of instruction from Governor Beverley Randolph, in accordance with instructions of the Secretary of War of the United States. SAM'L COLEMAN TO THE GOVERNOR. Informs him that returns of the strength of the militia had been re- ceived from the counties of Albemarle, Bourbon, Louisa, Lunenburg, Mecklenburg, New Kent, Norfolk Borough, Nottoway, Nansemond, Orange, and Southampton and Kentucky, since his last report, and that Col. John Coleman, late County Lieutenant of Halifax, and that John Simmons, late Lieutenant Colonel, have resigned their commissions, and that these vacancies have been filled. 1792. Jan. 31st Jan. 31st Jan. 31st EDWARD TELFAIR, GOVERNOR OF GEORGIA, TO THE GOVERNOR OF VIR- Jan. 31st GINIA. Transmits a copy of a resolution of the General Assembly of the State House State of Georgia, dated the 22d day of December, 1791, "relating to the Augusta doors of the Senate of the United States being kept open whilst sitting in their Legislative capacity." 5.5 434 CALENDAR OF STATE PAPERS. 1792. Feb. 1st Feb. 1st Feb. 1st Auditor's office Feb. 2d J. PENDLETON, AUDITOR, TO THE Governor. Relating to the claim of Walter Hopkins, referred to him by the Gov- ernor. Informs the Governor "that he has no check by which he can examine this claim," and incloses a letter from Col. Davies, written at Philadelphia, in which the opinion is expressed, that if the papers per- taining to this claim were in the Auditor's office prior to Arnold's invas- ion, they were destroyed when that event occurred, &c. Sir, Phila- (d) I have the honor to send you herein enclosed two copies, duly au- delphia thenticated, of an act for carrying into effect a contract between the United States and the State of Pennsylvania; also of an act to extend the time limited for settling the accounts of the United States with the individual States, and also a printed return of the enumeration of the inhabitants of the United States, in addition to the one formerly sent you. THOMAS JEFFERSON, SECRETARY OF STATE, TO THE GOVERNOR OF VIR- GINIA. And of being, with sentiments of the most perfect respect, Your Excellency's most obedient and most humble servant. karagd J. PENDLETON, AUDITOR, TO GOVERNOR LEE. Encloses a list* of the debts paid by the state to her foreign creditors, as they are designated by law, distinguishing between the Illinois & others. The Solicitor's office having been discontinued, and its duties- imposed on the Auditor for the proper discharge of these duties, the Governor is requested to authorize the employment in the Auditor's office of the two clerks formerly employed in the Solicitor's office. H. KNOX, SECRETARY OF WAR, TO GOVERNOR LEE. Sir, War I have the honor to acknowledge the receipt of your Excellency's Department letters of the 5th and 20th inst., the latter of which accompanied the accounts and vouchers for certain expences incurred and paid by Vir- *The list referred to above not found. CALENDAR 435 : OF STATE PAPERS. ginia, for the defensive protection of Kentucky in the early part of the year 1791. These accounts are in train of examination, which will be shortly finished, and the result transmitted to you. In the mean time Sir, you may rest assured that the President of the United States will order such measures to be taken thereon, as shall be conformable to the constitution and laws of the United States, and the equity of the case, as far as his powers may be competent to the occasion. I have the honor to be, Sir, with great respect, Your Excellency's most obed't and very humble Serv't. He expects in a short time to make a contract with some person to clear a Road from Russell court house to the station of Mr. Tubeuf, but supposes that it will cost not less than £30, the sum voted by the Assem- bly for that purpose. Will transmit an account of his proceedings by the earliest opportunity. DAVID WARD TO THE GOVERNOR. Feb. 2d Informs the Governor that pursuant to his instructions he had taken Russell Co. the joint obligation of Mr. de Tubeuf and his five friends, for the pay- ment of 600 pounds, Virginia currency; and had also taken a mortgage on 15,000 acres of land lying in Russell county, being the two most valuable tracts held by those emigrants in Russell county. J. PRESTON TO THE GOVERNOR. 1792. Feb. 2d I am desirous still to direct this company, & should your Excellency think I can with propriety act under my former commission, I hope the latter may be invalidated; if not, that both may again be returned to me. Your directions on this head, & commands in every other respect shall readily be observed & obeyed by, Sir, Your Excellency's Most Obed't & H'ble Serv't. Feb. 4th Sir, Enclosed you will find my commission appointing me to the com- Montgomery mand of a company of Volunteer militia, ordered to the protection of the frontiers of this State. As it appears to be the wish of a very re- spectable number of citizens of this & Wythe counties that this com- pany should be commanded by officers of the militia, & as no objections have been raised against me, but rather a desire that I may continue, I would choose to act under the commission I held in the Militia, which is equal in rank to that I had the honor last of receiving from the Ex- ecutive. This is also enclosed as a voucher that I am entitled to such command in the Militia. 436 CALENDAR OF STATE PAPERS. 1792. Feb. 6th Feb. 7th Montgomery County Sir, Gentlemen, A. LEWIS TO THE GOVERNOR. Mr. Kent has undertaken to have the ammunition allowed for Pres- ton's & my company, the former Governor who issued the order for the ammunition allowed my company has not ordered any flints. Powder will be of little use to us without fire, and hope your Excellency will take in the order which Mr. Kent has, and give another There appears to be some confusion in Capt. Preston's company by the appoint- ment of Robert Crockett, as he is not an inhabitant of Wythe county. The appointments to my company has met with the general approbation of this County, and are compleated with only the want of some arms & money, which difficulty I hope your Excellency will have in your power to remove. In your instructions to me, you mention'd that you were inform'd I had received my commission, which was a mistake. The former Governor s'd he thought I had better act under my commission, held in the Militia, but would rather have one for that particular service, & will thank you to send me one by Mr. Kent, Dated on the day of my appointment, which was on the 17th day of November last, for if of a later date than Preston's will give him the right of command, if the companies are called together. Perhaps this may be the reason of Capt. Preston's wishing to return his, and act under the Old one, as he thinks he was an older Capt. in the militia. As my appointment was first, will not serve under any militia officer, nor no person but yourself or some person that you may positively order me under, which I know you will not do, without it may be then right. Should be glad to hear what Congress is about to do in regard to an expedition against the Indians next summer. It is the opinion of many that you will command it, which I sincerely wish, and if any appointment comes through you, or I would wish your influence with the President for a Capt's command in the Horse, for myself, a Lieut for a Friend. Should you command, will go with you at all events, without you have me confined. I am, Sir, with Respect, Your Excellency's mo. obed't Serv't. A. LEWIS AND J. PRESTON TO THE GOVERNOR. Mr. Joseph Kent, who was appointed to furnish our com- panies with rations, will wait on your Honourable body with a hope to have the price thereof increased for a time. He informs us, & we have found it so, that this year in particular, provisions of every kind is dear CALENDAR OF STATE PAPERS. 437 and hard to be procured, owing to a scarcity that is general in the west- ern parts. We are assured that if Mr. Kent is compelled to furnish us with rations at the price now fixed, he must loose very considerably, till beef will be fit for use, (& this does not happen sooner than June or July. He is now obliged to purchase flour and pork some considerable distance from where our men will be stationed, & will have to carry it over several large mountains, rendered almost inaccessible for want of Roads. If Government could advance any money to Mr. Kent, we are persuaded it would facilitate the business & put it more in his power to procure the provisions. We fear that unless some further measures are adopted by Government, our men cannot be well supplied, which will render the service extremely disagreeable to us, & perhaps defeat the good purposes it was intended for. We are, Gentlemen, with the utmost regard, Your Honors most obdt. H'ble Serv't. A. LEWIS AND J. PRESTON TO THE GOVERNOR. We beg leave to remind your Excellency that under the faith of a promise made us, we have engaged to pay our companies one month's 1792. Feb. 7th Feb. 7th Sir, Agreeable to our instructions, we have proceeded to engage volun- Montgomery teer militia for the defence of Montgomery, Wythe, & Russell counties, County & have nearly completed our quotas with active young men, altho' we laboured under more difficulties than we at first were apprized of. The late defeat, the hardships, & the ill usage the soldiers at their discharge received from the public, together with an unfriendly report that was propagated, that these men were destined for the same service; and also the want of arms among the young men, rendered it more difficult to compleat these companies. The first is now by a general disbelief re- moved. The latter still remains, which we hope is in the power of Government to remove by furnishing us with some arms for the term of our service, on our securing to the public the safe return of them, unless they may be lost in action or by some other unavoidable accident. Should your Excellency think proper to furnish us with these arms, we would prefer rifles, and fifty stand would answer our exigency. These kind of guns are made better by a little use, & we presume a number are now lying in the public magazines injured for want of this use-Tho' if Rifles cannot be had, muskets must answer our purpose. A few camp-kettles will be wanting among the soldiers; if we could get two dozen, we will also return them upon the same terms & at the same time the arms are returned, which will be at the expiration of the service, 438 CALENDAR OF STATE PAPERS. 1792. Feb. 7th Feb. 8th Auditor's office Feb. 8th Greenbrier County pay before they march; this we conceived was necessary, as the season at which they are called upon to begin their service will be cold, and they must have blankets, leggons, &c., which many could not procure unless they were furnished with the money, & numbers do now actually rely on this money to answer that particular purpose. We therefore hope your Excellency, convinced of this necessity, will order one month's pay to be advanced to us & the money paid to Joseph Kent, Esq., who will take charge of it, & also the arms and kettles (if allowed). The enclosed statement will be the sum we shall need, which is one thousand one hundred & fifty dollars agreeable thereto. We have the honor to be, Your Excellency's most ob't, H'ble Serv't. The statement above referred to, is as follows for one month's pay: 2 Captains, 60 dollars; 2 Lieutenants, 44 do.; 2 Ensigns, 36 do.; 8 Ser- geants, 60 do.; 8 Corporals, 52 do.; 4 musicians, 22 do.; 6 scouts, 150 do.; 132 privates, 726 do.-Total, $1,150 (dollars). J. PENDLETON, AUDITOR, TO THE GOVERNOR. Relating to the case of Mr. Bowyer, (Sheriff), referred to the Auditor for the facts of the case and his opinion thereon. The auditor expresses an opinion unfavourable to the application of Mr. Bowyer. JOHN STUART TO GOVERNOR HENRY LEE. The company to be raised and commanded by Captain Caperton, for the defence of Greenbrier and Kenawha, to be mustered at Point Pleas- ant. Capt. Caperton thinks there is a mistake in the copy of the order of Council, & thinks the rendevous was to hold at Lewisburgh, in this county (Greenbrier). Recommends as the best arrangement, to station twenty-six men under the command of Lieutenant Cooper, at Point Pleasant; twenty men at the mouth of Elk River, under the command of ensign Young, and the remainder of Capt. Caperton's company under his own direction in the neighborhood where he lives, as it is the most exposed corner of this county. Apprehends this to be the best arrange- ment that can be made for the security of the frontier; in case of emer- gency they may be aided with such militia as will be necessary for repel- ing the enemy. The men proposed for the command of Lieut. Cooper and Young, to be raised on Kenawha and mustered at the mouth of the Elk; those with Captain Caperton at Lewisburgh, to which he (Mr. CALENDAR OF STATE PAPERS. 439 Stuart) will most willingly attend, unless his Excellency should chuse to direct that those on Kenawha should be mustered by the commanding offi- cer of said county. The mode you are pleased to adopt is certainly the most eligible for the safety of the people by keeping some men con- stantly embodyed, and the arrangements I have mentioned, I hope will. give satisfaction to his excellency as well as the inhabitants of Ke- nawha and this county. Captain Caperton wishes him to mention the necessity of two more scouts, that is, two more at point pleasant, two at the mouth of the Elk, and two for this county (Greenbrier), and in the opinion of this neces- sity he concurs from the distance between the stations to be occupied. I have the Honor to be, Your Excellency's Most obedient Humble Servt. P. S.-His Excellency's request for a statement of the publick ex- pences of Greenbrier county for the last year received. That no such expense has accrued for many years past, nor has there been any reg- ulation of the militia since the war, the expectation being that Con- gress would act on the subject. JNO. ROGERS TO GOVERNOR HENRY LEE. There are some reasons which induce me to beleave it to be true, which was the pains the Creeks were at to prevent a war with the Choctaws last summer, and a willingness the latter nation discovered to enter into a war, provided they had been supplied with ammunition. The cause of the dispute was in consequence of some Creeks crossing 1792. Feb. 8th Feb. 8th Sir, I this day was favoured with the receipt of yours of the 27th of Caroline Co. Jan'y, requesting an explanation upon two points in my letter-first, whether I meant a division of the Creek nation into the upper and Lower Creeks, & then meant that the Choctaws was equal to one of those divisions. I did not intend to be understood as dividing the Creek nation, as I understand my informers with respect to the equal strength of the two nations; that the Choctaws were equal to the whole strength of the Creeks, as their expressions were that the Choctaws were a full match for the Creeks singly; but united with the Chickasaws, greatly an over match for them. The persons who gave me this information had long resided in each of the above two nations in the character of traders; consequently ought to be well acquainted. The above informa- tion I may say, as you have done, contradicted my former Opinions & information, which I mentioned to my informers who ashored me that I might rely upon what they had said. 440 CALENDAR OF STATE PAPERS. 1792. Feb. Sth the Tombigby River (the line between the two nations), to the house of one Carney, a choctaw Trader, where they plundered his goods, burnt his house, & drove off his stock; all of which the Creeks have promised the Choctaws to make restitution for, laying the mischief done upon some bad young men; and promise in future to give up or kill all such Creeks as should be guilty of any depredations upon the Choctaws or their Traders; at the same time the Creeks sent other talks to the Chickasaws, requesting that if the Choctaws would not be satisfied and that a war must take place, that they, the Chickasaws, would set still & Smoake; but hoped they would rise their influence with the Choctaws to prevent a war, which show that the Creeks at least dread a war with the Choctaws. At the close of their last war, which was about 13 years ago, peace being brought about by the activity of the British agents, in order to have the force of the Creeks to act against the Americans, the Choctaws greatly outnumbered the Creeks in scalps, notwithstanding the Choctaws laboured under a disadvantage which lost them many men, which was the want of the art of swimming, which they had not learnt as there are no Rivers in that part of the country in which they live; whilst that of the Creeks is intersected in every part with large waters, & divided from the Choctaws by the Tombigby, over which the latter nation was oblidged to pass; in which so much time was taken up, that they were frequently overtaken on their retreat by superior numbers of Creeks, and cut to pieces upon the banks of the large Rivers, or forced in & drowned. The Choctaws were impressed with the disad- vantage they had experienced, and after the peace was concluded, held a great Council in which it was recommended that the nation should all be learnt to swim; accordingly the whole nation encamped during the summer months upon the large waters where the men, women, and children were taught the art of swimming; they are now said to be equal to any nation in that art, and in case of a future war with tho Creeks, will not experience the disadvantage they did in the Last. You ask me whether I ment that the Cherokees are 800 or 8,000 war- riors strong; if my letter reads that the Cherokees are either of the above number of warriors strong, it is an error, and was intended to have read that the Chickasaws were eight hundred strong. I did not intend to have mentioned the probable strength of the Cherokees in my letter of last month, as I rather doubted my information with respect to their numbers, but the best information I could get, make them, in- cluding what we call the Chickamaugas, to be about 1,500 warriors. Inclosed I send you a list of the tribes that compose the Creek nation, or rather Confederacy, whose policy is perhaps the best of any Indians we know. Every Town has a publick building, in which, all the coun- cillors and warriors of the Town with such as are deputies from other Towns assemble once a weak and regale themselves upon what is called black drink, a sort of Tea; where they talk over all the affares of the - CALENDAR OF STATE PAPERS. 441 } Confederacy; communicate all the news they have heard, and so keep up a weakly correspondence with all the Towns of the Nation. The Tribes of which you have the list, speake and preserve their Original tongues, which is not the same in any two of the tribes, but the whole of them speake the Muskoga Tongue as the common tongue of the nation, otherwise, there would be a necessity for interpreters from one tribe to the other. No women are under pain of Death to be in hear- ing when assembled in their weakly meetings. I met with but one per- son who sweled the number of the Creek Warriors to more than six Thousand, and he made them to exceade fifteen; he was a man of infor- mation, but was marryed among them. I got much of my knowledge of their customs which serve instead of Laws from him. I am, Sir, Your Excellency's Most Obed't Serv't. The following is the list of tribes refered to above, composing the Creek Nation or Confederacy: Muskagas, Natchez, Ochays, Wilum- keys, Alabahmas, Savannahs, Consawders, Eucheys, Hichetys, Semino- leys, One town of Chickasaws. JNO. HOPKINS TO THE GOVERNOR IN COUNCIL. Without such a provision as the one now mentioned, the benefit intended will be partial only, and a sacrifice of a considerable part of the claim must of necessity result to satisfy an impending execution. I have the honor to be, Sir, I beg leave to represent to your Excellency that the Auditor Richmond informs me he cannot settle the account of Mr. Walter Hopkins, by rea- son of a restriction under which he is laid, in respect to a supposed payment which may have been made to him, and which he cannot ascertain, as the books and papers are with the Commissioners for set- tling the accounts between the State & the United States. As I am well Assured no payment whatever has ever been made to Mr. Hopkins, in consequence of this claim, and as his present necessities are so pressing, I have first to propose that I will be responsible in any way which may be deemed proper for the reimbursement of the whole, or any part which may possibly have been paid; and secondly that your Excellency will be pleased to direct the Treasurer to pay the warrant, which may be issued by the Auditor. With the most perfect respect and Esteem, Sir, Your most obedient & most Humble Servant. 1792. Feb. 8th Feb. 8th 56 442 CALENDAR OF STATE PAPERS. 1792. Feb. 14th Sir, Feb. 8th In obedience to your Excellency's instructions of the 6th instant, Richmond received yesterday, I have the Honor to enclose to your Excellency, a List of the Counties that have been furnished with the Laws of the last Session, and the number sent to each County; enclosing also the acts of Congress of the 3rd Session, directed by the last Assembly to be printed for the use of the several Counties and corporations in this State. I shall do myself the pleasure of making a like report weekly, till the whole of the Counties are supplied. Treasury Feb. 14th Phila- delphia DAVIS AUGUSTINE TO GOVERNOR HENRY LEE. I have the honor to be, Sir, Y'r Excellency's Most ob't Serv't. J. AMBLER TO THE GOVERNOR. Sir, I beg leave to inform your Excellency that there are in the Treas-. ury, notes for about 200 hhds. of crops, and about 25,000 lbs nett Trans- fer Tobacco, which have been received on account of Taxes. The Hono'ble Board will be pleased to signify their pleasure, when, and in what manner these Tobaccoes shall be disposed of. I am, with great respect, Your Excellency's most ob't Serv't. J. DAWSON TO THE GOVERNOR. Sir, Mr. R. H. Lee, the Senator from our state, has this moment done me the honor to call on me. From him I learn that the resolutions pass'd by the general assembly of Virginia, at their late session respect- ing the opening the doors of the house of which he is a member, & the delivery of the western posts held by the have not been forwarded, and that the first intimation he had of them was on this morning, when he saw them in a public paper of this city. Your Excellency will at once see the propriety of transmitting them. I have the honor to be, Y'r mo. ob't, Hum. Serv't. CALENDAR OF STATE PAPERS. 443 RICHARD HENRY LEE AND JAS. MONROE TO GOVERNOR HENRY LEE. Sir, We have been duly honored with your Excellency's dispatches cov- ering resolves of the Legislature respecting certain military claims of Land, and others for services and supplies not yet compensated. The former we have, in the first instance, committed to the care of our Countrymen in the House of representatives, where this subject is to come under consideration. The latter we have referred to Colo. Davies, whose most accurate knowledge of these things will enable us to pursue such ulterior measures as may be most proper. We have lately seen published in a Gazette of this city, two resolves of our Assembly-one charging us to renew our endeavors for opening the doors of the Federal Senate, and the other concerning a certain article in the Treaty of Peace with G. Britain. As we have yet seen them nowhere but in the newspaper, we must remain quiescent until we are honored with information on these points from our Executive. Sir, We have the honor to be, with great respect and esteem, Your Excellency's most obedient servants. 1792. Feb. 14th Phila- delphia SAM'L VANCE, COUNTY LIEUTENANT OF BATH COUNTY, TO GOVERNOR Feb. 15th HENRY LEE. May it please your Excellency, At a meeting of the Field officers of Bath County this County on the 14th Inst., Conveaned for the purpose of consulting on the most proper method of defence against the Hostile Indians. It was unanimously determined to Lay our situation before your Excel- lency. I therefore beg leave to observe that the Frontiers of this County, Sir, are as much exposed to the Savages of the Indians as any of those that have had Companys granted them during the last session of Assembly, & hopes if in your Excellency's power, you will grant us a Lieutenant and 25 men, which may be sufficient to guard our frontiers this spring, for without this aid, the dread consequences on the breaking up of the winter, which is the season of the year the indians Generally Commit depredations on the defenceless Inhabitants. We suppose the reason of our being neglected was that we ware not represented Last Session, our County not taking place in Time for us to elect members. We assure you that this application would not have been made, had there not been sufficient Reason to apprehend danger, for the frontier we mention lies as much exposed now, as it was twenty years agone, particularly the head of Greenbrier and the small settlements near and 444 CALENDAR OF STATE PAPERS. 1792. Feb. 17th Feb. 17th below the Clover Lick. The back of these places there is a large tract of very mountainous Country entirely uninhabited, through which the Indians frequently come in and commit depredations. Some of the inhabitants has informed me that unless there be some support granted them, that they must actually Remove their families in the spring to some place of greater security. I have the honor to be, Bond of Joseph Kent, and Lenox & Davidson in the penalty of ten thousand pounds, Dated Feb'y 17th, 1792. Know all men by these presents, that we, Joseph Kent of the County of Wythe, & Lenox & Davidson, Merchants & Partners, of the City of Richmond, are held and firmly bound to Henry Lee, Esq., Governor of the State of Virginia and his successors, in the Just and full sum of two thousand pounds, to be paid to the said Governor or his successors. To which payment Well and truly to be made, we bind ourselves, Jointly and severally, our Joint and Several Heirs, executors or administrators, firmly by these presents. Sealed with our seals, and dated this seven- teenth day of February, 1792. The Condition of the above obligation is such, that whereas, the said Joseph Kent hath this day Covenanted and agreed with the Governor of Virginia, that the said Kent will regularly furnish the two Com- panies of Volunteer Militia, under the Command of Capt's Lewis and Preston, now raising for the defence of the Southwestern Frontier of this State with Rations, from the sixth day of March next, til they shall be regularly discharged; each ration to consist of one pound of beef or lbs of pork; one lb of bread, flour, or Indian Meal; Gill of Rum, brandy, or Whiskey, and one quart of salt for every hundred Rations. The said Kent to receave from the public Treasury the sum of six pence, half penny for each ration supplied by the said Kent before the first of August next, and eight Cents for each ration furnished after that time. Now if the said Kent shall regularly supply the said Troops with Rations as above stipulated, and for the term aforesaid, then the above obligation to be void, else to remain in full force and virtue. 2d Jan., Your Excellency's Mo. ob't Servt. Warrants, List of, issued from the Auditor's office, (except Interest on Certificates), from 2 Jan., to 15th Feb., 1792: Officers of Government: '92. Judge Winston, £75, 0s, Od. CALENDAR OF STATE PAPERS. 445 2d Jan., '92 Lawrence & Dabney, H. Beverley, Esq., J. H. Briggs, - Judge Parker, Miles Selden, Esq., Robert Goode, Judge Fleming, Arch'd Blair, Councellor Steele, James Wood, Esq., James McClurg, Esq., Judge Pendleton, Judge Lyons, - Judge Carrington, Jno. Dawson, Esq., Samuel Coleman, Judge Mercer, Governor Lee, 3rd. 4th. JA 6th. Judge Henry, Judge Fleming, Basil Wood, Hans. Hetman, John Carter, John Street, Samuel Shepard, 1 K 11 Mathew Page, Judge Tucker, Elish. Curling, James Daugherty, Thos. Laidley, Judge Tyler, Aug. Davis, Math. Pate, Math. Cheatham, 1 I 1 Judge Jones, Judge Nelson, 3rd Jan., '92. Judge Prentis, Thos. Brend, - Philip Clayton, Beverley Randolph, (late Governor), Edm'd Pendleton, Wm. Rose, John Stewart, James Innes, Esq., Jac. Ambler, · 1 1 I 2, 8 6 0 62, 10 62, 10 0 75, 0 0 62, 10 0 62, 10 40, 0 37, 10 62, 10 0 0 0 0 0 0 75, 0 0 75, 0 0 75, 0 0 62, 10 0 50, 0 0 75, 0 0 66, 13 4 75, 0 0 10, 0 0 25, 0 0 37, 10 0 25, 0 0 25, 0 0 25, 0 0 75, 0 0 75, 0 0 75, 0 0 20, 15 9 37, 10 133, 6 8 0 116, 1 4 6, 5 0 10, 0 0 50, 0 0 125, 0 0 62, 10 62, 10 10 0 75, 0 0 6, 0 0 12 0 2, 8 0 75, 0 0 162, 10 0 6, 4 7 3,10 0 1792. Feb. 17th 446 CALENDAR OF STATE PAPERS. 1792. Feb. 17th 7th. 14th. 16th. 19th. 21st. 6th Feb., 2d Jan., '92. Peter Tinsley, Edm'd B. Lacy, Robert Brooke, Chancellor Wythe, John Brown, - Anth. Singleton, Directors of Public Buildings: '92. Wm. Hay, Marine Hospital: 10th Jan. '92. The Commissioners, Ditto., Judge Roane, Ditto., John Street, Public Warehouses: 2nd Jan, '92. Wm. Smith, Reuben George, 5th. 7th. 17th. Arsenal: Contingent: 4th Jan., '92. Thomas Lairdley, 6th. 10th. 23rd. 25th. Surplus: 19 Jan'y, 3 Moses Austin & Co., David Patteson, Graves & Smith, 26 Jan. '92. Samuel Coleman, 2d Feb'y, 5 John Carter, Jane West, Aug. Davis, Wm. Rose, 12 Feb'y, '92. Major Langham, Ditto., James Anderson, Wm. Geddy, '92. James Govan & others, • Crim. charges: 20th Jan'y, '92. John Hudging & Js. Gibson, 31 Wm. Adkins, - I I I 37, 10 0 35, 8 4 15, 0 0 75, 0 0 75, 0 0 52, 6 0 50, 0 0 0 0 11 75, 0 25, 0 5, 11 100, 0 0 41, 9 4 134, 0 0 101, 11 26, 9 7 6: 3, 5 6 7,19 3 2, 0 0 30, 0 0 0 0 9 0 6 8 3, 0 94, 10 19 3, 15 5, 15 55, 10 156, 8 99, 2 4 1 2, 2 0 3, 6 1, 12 0 3 CALENDAR OF STATE PAPERS. 447 15 Feb'y, '92. Edm'd & Leonard Clarke, Phil. & Geo. Ambrister, John Grammer, Cave Johnson, 4th Jan., 5 Scouts & Rangers: 2d Feb'y, '92. Ensign McGavock & Co., 1 ▬▬▬▬▬▬ J. DAWSON TO GOVERNOR LEE. 2, 13 0 3, 6 6 0 0 17, 5 3, 15 66, 1 0 J. PENDLETON. Aug. 17th, 1792. Compared & found to agree with the vouchers in the office of the auditor. J. H. BRIGGS. Sir, I do myself the honor to enclose to you Dunlap's paper of Friday last, in which you'll observe the proceedings of this State, relative to the demand for the delivery of Brady, McGuire, &c. Gov'r Mifflin's letter to you has no doubt been transmitted, & the other communications contained in the paper will throw some light on the subject & enable the board to remove that stigma, which the publi- cations must be intended to throw on our proceedings and our State. I have the honor to be, Your Excellency's most ob't Hum. Serv't, 1792. Feb. 17th Feb. 19th Phila- delphia Bond of William Sid Crawford, as clerk of the County Court of Am- Feb. 20th herst County, in the penalty of One thousand pounds, dated 20th of February, 1792, with the following conditions. The condition of the above obligation is such, that whereas, the above bound Wm. Sid Crawford, is by the Court of Amherst County appointed their clerk. Therefore the said Wm. Sid Crawford shall in all things, duly and faithfully perform the duties of his said office, and not remove or carry, or suffer to be carried or removed out of the said County, the Records & papers of the said Court or any part thereof, except in cases allowed by Law; then the above obligation to be void & of no effect, otherwise to remain in force & virtue. 448 CALENDAR OF STATE PAPERS. 1792. Feb. 20th FRANCIS CORBIN CHOSEN AS A MEMBER OF THE HOUSE OF REPRESEN~ TATIVES OF THE UNITED STATES. We, Charles Hopkins, Sheriff of Gloucester, George Guthrie, Deputy of Matthews, William Segard, Deputy of Middlesex, John Wedderburn, Deputy of King & Queen, William Saunders, Deputy of Caroline, Ro. Hill, Deputy of King Wm., do hereby certify & make known that at an Election held on the 14th of February, at the Courthouse of our res- pective Counties, pursuant to law, the Electors qualified to vote for members to the House of Delegates, caused to be chosen one person, to- wit; Francis Corbin to represent the said District as a member of the House of Representatives of the United States. Given under our hands & seals, this 20th day of February, One thousand seven hundred and Ninety-two. Feb. 20th BURWELL BASSETT CHOSEN A MEMBER OF THE HOUSE OF REPRESEN- TATIVES OF THE UNITED STATES. P New Kent We, Joseph Foster, Sheriff of New Kent County, Samuel Mosby, Court House Deputy Sheriff for Daniel S. Hylton of Henrico County, William Brown, deputy Sheriff for William Lee of James City County, being part of the entire District composed of the Counties of Elizabeth City, Warwick, York, Charles City, Chesterfield & Hanover, entitled by Law to elect a member to the House of representatives of the United States, no other Sheriff of the said District having met agreeable to Law, & this being the last day allowed for making out a return, do hereby certify and make known that at an Election held on Tuesday, the 14th day of Feb- ruary, at the Courthouse of our respective Counties, pursuant to Law, the Electors qualified to vote for members to the House of Delegates, caused to be chosen one person, to-wit: Burwell Bassett, Jun'r, to rep- resent the same District as a member to the House of representatives. of the United States. Given under our hands & seals at New Kent Court House, the 20th day of February, One thousand seven hundred & Ninety-two. Feb. 21st CHRISTOPHER CLARK, CHOSEN A MEMBER OF THE HOUSE OF REPRESEN- TIVES OF THE UNITED STATES. Campbell We, William Perkins, high Sheriff of Buckingham County, John Court House Clark, Jr., deputy Sheriff under Adam Clement, Sheriff of Campbell County, Stookley Turner, deputy Sheriff under William Terry, Sheriff CALENDAR OF STATE PAPERS. 449 of Halifax County, and William Leftwich, deputy Sheriff under Henry Buford, Sheriff of Bedford County, (being the only Sheriffs collected on this occasion), entitled by law to elect a member to the House of Rep- resentatives of the United States, do hereby certify and make known, that at an Election held on the fourteenth day of February, in the year Óne thousand, seven hundred and ninety-two, at the Court House of our respective counties pursuant to Law; the Electors qualified to vote for members to the House of Delegates, Caused to be chosen One per- son, to-wit: Christopher Clark to represent the said District as a mem- ber of the House of Representatives of the United States. Given under our hands and seals, this twenty-first day of February, One thousand, seven hundred and Ninety-two. W > " We, Nathaniel Garland, Deputy Sheriff of the county of Albemarle, Pleasant Martin, Deputy Sheriff of the County of Amherst, Chapman White, Deputy Sheriff of the County of Fluvanna, Sheriff of the County of Goochland, Thomas Merriwether, Deputy Sheriff of the County of Louisa, Sheriff of the County of Spotsylvania, James Barbour, Deputy Sheriff of the County of Orange, & Sheriff of the County of Culpeper; composing one entire District, Inti- tled by law to elect a member to the House of Representatives of the United States, do hereby certify & make known, that at an Election held on the second Tuesday of this Instant, at the Court House of our respective counties pursuant to law, the Electors qualified to vote for members to the House of Delegates, caused to be chosen one person, viz: John Brackenridge, Esq., to represent the said District as a mem- ber of the House of Representatives of the United States. day of February, One thou- Given under our hands & seals, this sand, seven hundred & Ninety-two. JOHN BRACKINRIDGE, CHOSEN A MEMBER OF THE HOUSE OF REPRE- Feb. 21st SENTATIVES OF THE UNITED STATES. M A. J. DALLAS, SECRETARY OF THE COMMONWEALTH OF PENNSYLVANIA, To GovernoR HENRY LEE. Sir, The inclosed Return of the Sheriff on the process issued against the persons who are charged with the murder of the Indians on Beaver Creek, and a Deposition respecting the residence of those who are charged with forcibly carrying off a free Negro from this State, ought 1792. Feb. 21st Feb. 21st Phila- delphia 57 450 CALENDAR OF STATE PAPERS. 1792. Feb. 21st Feb. 23d Feb. 23d to have accompanied the Governor's letter of the 9th instant to your Excellency, but by some mistake, which I request you will be so good as to excuse, they were omitted. I have the honor to be, with perfect respect, Sir, Your Most obed. H'mble Serv't. Enclosed in the above letter are the papers referred to. FRANCIS PRESTON CHOSEN A MEMBER OF THE HOUSE OF REPRESENTA, TIVES OF THE UNITED STATES. We, Mathias Wilson, Sheriff of Botetourt County, Philip Gaines, deputy Sheriff of Wythe, Richard Price, deputy Sheriff of Russell County, and Samuel Patton, deputy Sheriff of Montgomery County, which Counties constitute a part of the District, (the other Sheriffs not attending,) entitled by Law to elect a member to the house of repre- sentatives of the United States, do hereby certify and make known that at an Election held on the fourteenth day of this Instant, at the Court House of our respective counties, pursuant to Law, the Electors qualified to vote for members of the House of Delegates, caused to be chosen one person, to-wit: Francis Preston, to represent the said District as a member of the House of Representatives of the United States. Given under our hands & seals this twenty-third day of February, One thousand seven hundred and ninety-two. DANIEL CALL, CHOSEN A MEMBER OF THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES. We, Theophilus Harrison, Deputy of Christopher Haskins, Sheriff of Brunswick County, Joseph Starling, deputy for William Starling, Shor- iff of Mecklenburg County, Peter Moseley, Deputy for William Mose- ley, Sheriff of Powhatan County, composing one entire District entitled by law to elect a member to the House of Representatives of the United States, do hereby certify and make known that at an Election held on the fourteenth day of February, One thousand, seven hundred and Ninety-two, at the Court house of our respective Counties, pursu- ant to Law, the Electors qualified to vote for members to the House of Delegates, caused to be chosen one person, to-wit: Daniel Call, to repre- sent the said District as a member of the House of Representatives of the United States. Given under our hands & seals, this 23d day of February, One thous- and, seven hundred and Ninety-two. CALENDAR OF STATE PAPERS. 451 J. AMBLER, TREASURER, TO ARCHIBALD BLAIR, ESQ. Amount of specie in the Treasury, Six thousand, five hundred & sev- enty pounds. £6,570. JOHN HARVIE, DAVID ROSS, AND W. FOUSHEE TO GOVERNOR LEE. Sir, We are, with great regard, Your very humble Servants. JAS. BLAIR TO GOVERNOR Henry LEE. Some time ago we receaved by order of the Executive, a loan of Richmond Twelve barrels of Gun-powder for the use of the James River Company, to be replaced by us with new powder; this quantity is now exhausted, & we have immediate occasion for a further supply, and will be glad to receive another quantity on loan, to be replaced with first powder which we shall import from Philadelphia immediately. We have been informed. the Publick frequently sell off the Old powder, & it has been suggested that it may probably be more agreeable to the Executive to sell the quantity we want than to exchange it; if so, we are willing to purchase as well what we have already received as the quantity we now want. The Bearer, Mr. Robert Preston, will be enabled to give your Excel- lency particular information respecting that Country. 1792. I have the honor to be, with respect & esteem, Your Excellency's mo. ob't, Hbl. Serv't. Feb. 25th Feb. 25th Sir, I find that the people who live between the lines, run by Walker Smithfield and Henderson, are much pleased with the Act of the last Assembly, establishing Doctor Walker's line as the Southern boundary of this State. As it is a .considerable addition to the strength and wealth of this State, many citizens in this back Country earnestly wish that some official orders were sent from the Executive, authorizing our public offi- cers to act under the influence of that Law. You will therefore pardon me, Sir, if I take the liberty of reminding your Excellency of the neces- sity of receiving some public directions on this subject from the Execu- tive. Feb. 26th 452 CALENDAR OF STATE PAPERS. 1792. Feb. 27th Sir, office Feb. 27th I send up the enclosed lists to the hon'ble the Executive, in pursu- Auditor's ance of the 9th, 10th, & 11th Sect's of the XL. chap. of the Acts of Octo. Sess. '87. The return made by the Sheriff of Spotsylvania on an Ex'on issued for the balance of taxes due for the year 1788, appears to me to be within the meaning of the 11th Sect. Feb. 27th Richmond J. PENDLETON TO THE GOVERNOR. I have the honor, Sir, to be, Y'r most ob. Serv't. The list above referred to embraces executions which have been re- turned "Property not sold for want of buyers," by the Sheriffs of Cul- peper, Southampton, Prince Edward, Hardy, Shanandoah, Albermarle, Cumberland, Brunswick, Bedford, Stafford, Westmoreland, and the Au- ditor's letter is accompanied by a statement of the account between the commonwealth and Thomas Towles, sheriff of Spotsylvania County. MCCOLL AND CUNLIFFE TO MR. COLEMAN. Please pay the bearer, Mr. Lovell, three pounds fifteen shillings for 100 Bushels of Coal at 9d. pr. accord'g to agreement, & oblige, Sir, Your mo. ob't Serv't. JAMES INNES TO GOVERNOr Lee. Sir, I have given due consideration to the bond and mortgage prepared by Mr. Ward for the security of the public loan made to the French Emigrants in the County of Russell. They appear to me to be prop- erly drawn, and in every essential respect, fully competent to the object they were intended to attain. I have the honor to be, very respectfully, Y'r most ob't Serv't. CALENDAR OF STATE PAPERS. 453 JAMES BRECKENRIDGE TO THE GOVERNOR. Sir, JAMES THOMPSON TO THE GOVERNOR AND COUNCIL. To his Excellency the Governor and the Honorable the Privy Council: The petition of James Thompson of Washington County, humbly sheweth that on the 26th day of December, 1791, a certain Valentine Vanhozer feloniously stole from your petitioner a negro man named Lewis, and immediately fled from Justice to the Territory south of the Ohio, where he remains in possession of the said slave, and refuses to give him up. Your petitioner knowing the legal process of this State will not take hold on the delinquent in the Territory, views his case as remiḍiless, unless the Executive of this State will demand the s'd Van- hozer of the Governor of the Territory, by virtue of the 2nd section of the 4th article of the Constitution, which declares that a person charged in any State with treason, felony, or other crime, who shall flee from Justice and be found in another State, shall demand of the Executive authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the crime, or such other method as your Wisdom shall dictate. Sir, You will herewith receive the Pet'n of Captain James Thompson, Feb. 28th praying that a negroe fellow, which has been felonously taken from him Botetourt by a resident of the New Territory, may be restored to him again. As he is a particular f'd of mine, and as I am well satisfied of the Justness of his demand, I wish that all possible means may be taken, in order to assist him in the recovery of his property; your assistance in the busi- ness will, Sir, not only place him under obligations to you, but intitle you to the unfeigned thanks of Your Ex'y's most ob't & very H'mble Serv't. JAMES INNIS TO GOVERNOR HENRY LEE. 1792. I have the honor to be, with great Esteem & respect, Y'r most ob't Serv't. Feb. 28th The enclosed information furnished by the late Register, Mr. Har- Richmond vie, is adequate I conceive to quiet any doubt which may have been entertained respecting the validity of the Title to the Lands sold by Mr. Smith to Mr. Tibeauf, and which are mortgaged to secure the payment of the public Loan. 454 CALENDAR OF STATE PAPERS. 1792. Feb. 28th I do certify that I saw in the possession of Mons. Tibeauf, the original grant for a quantity of Land containing, as near as I can Recollect, 55,000 acres lying the county of Russell, granted by the Commonwealth to Richard Smith, with an assignment on the back of each of the grants transferring Smith's rights to the said Mr. Tibeauf. Given under my hand, this 28th day of February, 1792. Harrison County JOHN HARVIE. Feb. 29th COLONEL BENJ. WILSON TO GEORGE WASHINGTON, PRESIDENT OF THE UNITED STATES. Sir, Yesterday a general Council of the militia officers of this County was held in order to take into view the state of our frontiers most ex- posed to the incursions of the hostile indians. The protection granted by your State government and what additional protection might be necessary in order to secure the inhabitants from the impendent danger of the Savages who consequently is much elate with their late success over the Federal Army. "By the Council unanimously ordered, That the presiding officer of this Council make immediate application to the President of the United States for an additional number of Eight Scouts, and as many of the militia to be called into actual service as will, in addition to those already directed to be raised by our state Government, complete one Captain's company; and the same is ordered accordingly." Teste: JOHN HAYMOND, Cľk. Sir, It would be intruding on you for me to call to your attention the disposition of the indians when fired with conquest or their dastardly way of war; particularly their laying in wait about houses to take the advantage of helpless and defenceless women and children; their ambus- cading roads; Robberies, &c. It may suffice only to mention the situation of the exposed frontier and the present fears of the people. Ohio County covers a part of Monon- galia County, and Harrison a part of Randolph County, and in my observations since the year 1774, Ohio and Harrison has stood on a sim- ilar footing in point of danger. The lamentable catastrophe that befel the Federal Army last fall, has with fear so impressed the minds of the CALENDAR OF STATE PAPERS. 455 exposed people, that it is pitiable to hear their complaints, and sure I am, many of them would move from the exterior settlements, was not their consolation a full confidence in your granting extensive temporary relief, as well as to pursue the reduction of the indians upon a more extensive scale than been heretofore done. I wish not to trespass on your time or patience, but conceive it my duty to mention my adjoining counties, viz: That Randolph may be favour with an addition of four scouts, and Monongalia four. Ohio, I learn is by your Excellency pro- vided for with an additional number of those allowed by this State. Sir, I am, Your humble & devoted Servant. Sir, If you condesend to answer the above, the way by Winchester is the swiftest and surest conveyance. B. W. THOMAS JEFFERSON, SECRETARY OF STATE, TO THE GOVERnor. Sir, I have the honor to send you herein enclosed, two copies duly authenticated, of an act concerning certain fisheries of the United States, and for the regulation and government of the fishermen employed therein; also of an act to establish the Post office and Post roads with- in the United States; also the ratifications by three-fourths of the Leg- islatures of the several states, of certain articles in addition to & amend- ment of the Constitution of the United States, proposed by Congress to the said Legislatures. And of being, with sentiments of the most perfect respect, Your Excellency's most obedient & most humble Servant. J. PENDLETON, AUDITOR, TO JAS. LEWIS. Sir, You will be pleased to take notice that instructions will be given the Attorney-General to move for Judgement against you on the fifth day of the next Session of the General Court, being Thursday, the four- teenth day of June, for the amount of your fine and damages accruing to the Commonwealth in consequence of your failing to return the Fieri Facias issued from the General Court clerk's office, against William 1792. Feb. 29th March 1st Phila- delphia March 1st Richmond Auditor's office 456 CALENDAR OF STATE PAPERS. 1792. March 1st March 3d March 4th Mills, late Sheriff of Spotsylvania County, for the Revenue Tax of the year 1789, which appears by your receipt to have been Delivered you on the twenty-third day of August, 1791. I am, Sir, Your h'ble Serv't. Extract of a letter from the Secretary of War, to Lieut.-Colo. Com- mandant Wilkinson: War "It has been concluded that General St. Clair arranged with General Department Scott, an adequate provision for the defensive protection of Kentucky. If there should have been any omission or mistake upon the subject, I hereby authorize you in the name of the President of the United States, to supply or rectify the same. "This defensive protection must be confided to you, or General Scott, or the County Lieutenants as you may Judge proper; a few scouts at 5-6th of a dollar p. day to each county ought to constitute the main point of this protection, aided by such a number of rangers on the pay and rations of the troops of the United States, as shall be Judged indis- pensible by you. Both Scouts and rangers to be mustered before their service, and after they have finished it, The scouts to be sworn to the faithful performance of their duty and to their pay-rolls, and each to empower the County Lieutenants or some other persons, as they shall think fit to receive the amount; That the accounts must be certified by the County Lieutenants, and the officers commanding the rangers must be sworn to the truth of their musters, and which must also be certified by the County Lieutenants." It is to be understood that each individual must sign a power of attor- ney to the person whom they constitute to receive their money. RECEIPT FOR POWDER AND LEAD. Rec'd of Da'l Boone, sixty pounds of powder and 2 Piggs of Ladd, Sepoused to be 3,010 pounds, which I promise to Delever in good order to Col. George Stump, on the south Branch, for the use of Col. Bogard's Millatua. JOHN BING, GEORGE FITZWATER. CALENDAR OF STATE PAPERS. 457 { WM. BLOUNT, GOVERNOR OF THE TERRITORY OF THE UNITED STATES, SOUTH OF THE OHIO, TO GOVERNOR LEE. I have the honor to be, Sir, the United I have the honor to receive your letter of the 14th December, by March 6th Captain Demumbriun, and shall with pleasure embrace every oppor- Territory of tunity of giving you the information therein mentioned, and aid to your States, south Troops stationed on your Frontiers, should it be necessary, as well as of the Ohio every other of testifying to you my regard for the State over which you have the honor to preside. Very respectfully and with great esteem, Your obedient Servant. WILL. STEPTOE TO GOVERNOR HENRY LEE. My Dear Sir, You will see by the inclosed letter that I had lodged a formal complaint against the County Lieut. of Middlesex for malfeasance in office, which complaint I supported by the oaths of two respectable Deputy Sheriffs, who had paid to the County Lieut. at different times, more than Twenty pounds. I hoped that agreeably to Mr. Randolph's letter after he was furnished with the specific charges, an enquiry into the validity of them would have been instituted, But instead of that, I only received a verbal message from him, which neither the bearer or myself were able to comprehend. I am willing to suppose that Mr. Randolph had good reasons for his conduct, but I own I should have been better satisfied had he con- descended to say what they were. I address myself to you, Sir, with a confiderce that you will enquire into the return made by Col. Bird, and if it be what the extract from the report induces me to suppose it, that you will proceed in it as soon as is convenient. I hope you will do me the Justice to suppose that I am actuated in this affair by no personal motive, for I protest Col. Bird is a man with whom I have never had the smallest connection, acquaintance, or communication. I beg leave to introduce to you the bearer of this, Mr. Francis Whiting, who is a particular friend of mine. I am, Dear Sir, with great regard, Your most ob't Serv't. P. S. When you have done with Mr. Randolph's letter & the Report, be so good as send them back by Mr. Whiting. 1792. March 6th Huvick 58 458 CALENDAR OF STATE PAPERS. 1792. March 6th Council office March 7th Richmond SAMUEL COLEMAN TO THE GOVERNOR. Sir, As usual I have examined the account of the Contractors to furnish the Post at the Point of Fork, with provision for the last quarter ending January 31st, 1792, and find the amount to be forty-Eight pounds six shillings. I have the honor to be, Sir, with great respect, Your most Ob't servant. WILLIAM GRIFFIN TO THE GOVERNOr. Sir, In Consequence of an information from Mr. Solicitor of a ballnc. due on the Specific Tax for 1782, in King & Queen county, and on which Judgement has been obtained & an execution about to be issued in con- sequence, I have to pray your Excellency & the Honbl. the Council's interposition in granting further indulgence for about two months, or what time the Honbl. the Executive may think reasonable, allowing me time to make some enquiry into the state of the business. The reason assigned to your Excellency & the Ionbl. the Council, is as follows: Your petitioner acting in the capacity of High Sheriff of King & Queen County, during the year 1782, did not receive the account of ball'nce of the Specific Tax from the Commiss'rs for some months after the time directed by the Law; that two of his deputies died long before the collection of that or the other Taxes could be collected, that your petitioner was so unfortunate as to take insufficient security from his two deputies, one of which becoming a perfect Sott soon after his engage- ment as security, & died an insolvent-the security to the other deputy proving also insolvent; that under this accumulated misfortune, your petitioner (besides this present claim) has been Compelled to pay out of his own private fortune, largely upwards of two Thousand Pounds for their failure of collections of the other Taxes without being able to be reimbursed one shilling from either his deputies or the securities; that your petitioner has reason to believe many insolvencies must have accrued in the collection of the Specific Tax not accounted for as yet; that some time in the month of April next, it will be in the power of your petitioner (if he should not be able to procure any discounts) to pay the balanco & save to your petitioner the expence & disagreeable- ness of the effect of an execution now issuing against him. And your Petitioner will ever pray. Your Excellency's most ob't & very h'ble serv't. CALENDAR OF STATE PAPERS. 459 GEO. CLENDINEN TO GOVERNOR HENRY LEE. If the Hon'ble Executive have it in their power to make payment, either in whole or in part, I trust it will be forwarded by the Bearer, Mr. David Millburn, whether in specie or warrants, as I am authorized to say in behalf of those who furnished the supplies and performed the service, that it is their particular desire. If your Excellency should consider my services either as to my Rank or as to the trouble of procuring Ammunition, Rations, &c., for said Troops, deserving Reward, I trust I will not be forgotten; this far I beg leave to urge it is, I believe, the fourth year I have performed the like service without Recompence. You will herewith have enclosed A Re- commendation of Magistrates, and the like for a Sheriff from the Court of this County. Sir, A few days past, I received your Excellencie's fav'r of the 3rd of March 8th January Last, wherein I am requested to forward to your Excellency Kanhawa with all Immaginable dispatch, a statement of all expences which may bave accrued during the last year, in defence of this County. Having therefore not the smallest expectation of procuring a private conveyance, I have forwarded by express a statement of all that have accrued, as well those under the order of the Executive, as those under the order of the Secretary of War. The originals of the letter I for- warded to the War office in October last, and the former had retained in my hands, expecting application for payment was necessary to be made to your Honorable board. Muster Rolls of each service you will find Herewith, together with certificates of the amounts of Rations and ammunition actually furnished. Your Excellency will find by recurring to the order of the Secretary of War, that his order was silent as to the article of ammunition, which obliged me to use every possible acconomy. Commissions will be expected on the Return of the Express, provided said Recommendations meet with the approbation of the Executive. I have also taken the Liberty to Trouble your Excellency on the subject of our defence the present year. I hope to hear from you on that sub- ject. I have the honor to be, with great Respect and Esteem, Your Excellencie's ob't, Humble Serv't. GEO. CLENDENIN TO THE GOVERNOR. Sir, On the twenty-second of last month, your Excellency's favour, Bearing date the twelfth day of Decem. last, by which, I understand 1792. March 8th .. 460 CALENDAR OF STATE PAPERS. 1792. that the General Assembly at their last session, directed the Executive March 8th to take such Temporary defencive measures for the protection of their frontier inhabitants as they deem necessary, until the arrangement of the General Government shall make the same unnecessary. I also find from a copy of the order of Council of that date, that Hugh Caperton, Leonard Cooper and John Young, are commissioned officers for the pur- pose of raising a Company of thirty-six privates, four sergeants and four corporals, which said Company, I presume, If properly stationed on the frontiers of this County, are in great measure equal to the object for which they are intended. At the same time I Receiv'd your Excel- lencie's fav'r on the aforesaid subject. The Captain of the said intended Company forwarded the Commissions of his two subalterns, and orders to them to embody the following number of men, to-wit; Lieutenant Cooper to Inlist twenty-six men, to be with him at the mouth of the Great Kanawha River, and Ensign John Young to enlist twenty men. to be with him at the mouth of the Elk, the place of my residence. That Lieutenant Cooper was to have two scouts, to be with him at the mouth of Kanawha, and the balance of said officers and Men, together with the other two scouts, to be reserved for the protection of the County of Greenbrier. Your Excellency and the Hon'ble Council will doubtless remember the orders of your Board of the 29th of Decemb'r, 1790, and by Recur- ing to the proceedings of that date, It did not then appear that the County of Greenbrier had any need of a Guard. I remember of then calling on the Members of that County before the Executive on that subject, who's answer was, that as a Company was all owed for Kan- hawa County, They deemed any further Guard for their County unnecessary, Kanhawa covering then with her Inhabitants for upwards of one hundred and sixty miles. This being the fact, I am led to believe that that part of the said officers and men, as well as Scouts Detained for the use of Greenbrier, are Intirely useless. In proof of which asser- tion, give me leave to urge That when I was County Lieutenant of Greenbrier, and Kanhawa remained a part thereof, & a Guard was allowed for said County, That I forwarded the whole of said Guard within the present bounds of Kanhawa County, and have the happiness. of answering the intended objects of said Company. Indeed I believe I might with truth assert that there has not been an Indian within the present bounds of Greenbrier County this ten years agoe, one of which was killed on his return thro' Kanbawa. It is certain that so far as the present allotment of said men Respects, twenty being stationed at the Mouth of Elk, answers my particular purpose, but whilst I view with much concern the present exposed situation of Myself and family, I cannot help at the same time feeling for those equally exposed to savage cruelty with myself. If has been an invariable rule with me when protection was afforded to this County CALENDAR OF STATE PAPERS. 461 1792. and I had any share in the distribution, That all those equally exposed pertook thereof. The principle part of Inhabitants Residing within March 8th this County, except those at the mouth of Kanhawa, lie between me and the termination of the State Road leading from Greenbrier to the falls of Kanbawa, Many of which have put themselves to considerable expense in erecting Boat yards, Building Saw Mills, Grist Mills, &c., for the accommodation of Travelers and Inhabitants that reside within said County, all of which may fall a sacrifice, agreeably to the aforesaid allotments of said Company and Scouts. In addition to this, It has bitherto been the object of the Guard allowed us, to protect the Farmers whilst they are necessarily employed in making their crops, thereby to enable them to support their families, and give succour to Travellers when the arrive at the Boat Yards within said County, on their way to Kentucky. There is yet a respectable number of Inhabitants Residing within said County at a place called Bellville, sixty miles up the Ohio above the mouth of Kanbawa, being the same distance Elk is situated therefrom, who bave not met with any provision in the distribution of said men. * I trust your Excellency and the Hon'bl. Members of Council will not understand that I expect it possible to protect families (within a county so exposed as this), at their respective homes or at as many places as they may choose to collect at. Only beg leave to Intimate that the power of distributing Guards should be Intrusted with some person Residing within the county acquainted with its situation, and In the present call, if I understand your fav'r to me of the aforesaid date, I am of the opinion that the Commandant of the aforesaid Company was directed to make occasional and necessary Communications and Enqui- ries of the commanding officers of this county. The most essential * If such and was the proper places of distributing said men and scouts. was the intention of your Exceliency's orders, I am convinced none such has been made. A consequence is that the objects of the Executive, as well as the General Assembly, will, in a great measure be defeated thereby, and the Inhabitants left in a situation as Incapable of Defend- ing themselves as if Goverment had taken no measures for their relief; who have directed me to forward by Express their exposed situation, which at present seems truly alarming; The Indians having been within the county, and sign in different places where they have crossed the Ohio, which has occationed them to collect themselves together, but no troops has yet appeared for their protection; wherefore I trust that you and the Hon'ble members will so direct the premises as the Inhabi- tants will meet with the Intended Benefits of said Company. I have the honor to be, with Great Respect & Esteem, Your Honor's ob't H'ble Servt. 462 : CALENDAR OF STATE PAPERS. 1792. March 10th Sir, March 10th I request the favour of you to order a Warrant to Mr. Samuel Shep- Auditor's ard for the use of the auditor for the sum of thirty pounds upon account to defray the expence of sending out Ex'ons against public delinquents. The Riders will goe out Monday or Tuesday next. office I am Y'r ex'y's most ob. serv't. Woodford County March 10th J. PENDLETON TO THE Governor. Sir, GENERAL CHAS. SCOTT TO THE GOVERNOR. Sir, I have the honor to send herewith the proceedings of the Court- Martial, ordered by the Executive of Virg'a, for the Tryall of Colo. Barnette; this being a valuable officer, & whos service is much wanted in his County, I have thought proper to discharge him from his arrest. I hope and trust it may meet your approbation. I am unhappy to inform you that the indians are committing depre- dations in almos every part of our country; we have now out upwards of Two hundred Militia in quest of them. We have not had a single order yet from the Gen'l Government for chastising them, but hourly expect it. I sincerely hope I may be able to give you better nuse by the next appointment. I have the honor to be, Sir, Your Ob't Serv't. JNO. TAYLOR TO GOVERNOR HENRY LEE. Montgomery Last November I was Commissioned by his Excellency, Governor County Randolph, to collect the Revenue Tax for the year 1786, from the county of Montgomery; on my making application at the clerk's office, found that there was not more than about one-fourth of the lists of Taxable property taken for that year, which has prevented me from going on the business. I am at A loss How to proceed. Your Excellency's Instructions will much oblige, Your most Obedient & very Hbl. Serv't. CALENDAR OF STATE PAPERS. 463 N. B.-The bearer will wait your Excellency's answer. March 10th Mr. Auditor, Are the above returns to the solicitor's office; if they are, Land office send me authenticated copies immediately, if you please? } There are no Returns in this office from Montgomery County of the Taxable property listed for the year 1786. COLONEL DANIEL TRIGG TO THE GOVernor. J. PENDLETON. H. L. I am, Sir, Your Hbl. Serv't. Your hbl. Serv't, Sir, County I received yours of the third of January; our county needed no Montgomery defence in the course of the last year, so that no expence has accrued. I received a letter from a Gentleman, requesting returns of the militia to be made to you. I confess I do not well understand him. I thought your Excellency was well enough acquainted with me. A copy of the letter I herewith inclose you. The reasons why the Executive has not been furnished with a return of the militia of this county before now, is that all that part of the county which was formerly Botetourt, has remained unofficered owing to the boundary having not been ascertained. The letter above mentioned, is as follows: Sir, His excellency, the Governor, requested me to inform you that returns of the number of militia of Montgomery County will be neces- sary to be made to him shortly agreeable to the laws of Virginia. If this cannot be effected before the militia are properly officerised, he desires then that you would as early as possible, represent their situation by letter, that some measures may be adopted to remedy this deffect. I am, Sir, with due regard, J. PRESTON. A PROCLAMATION BY THE GOVERNOR OF VIRGINIA. The General Assembly having passed the following Act, to-wit: Whereas official information hath been received by the General 1792. March 12th March 12th Richmond 464 CALENDAR OF STATE PAPERS. 1 1792. March 12th March 12th Richmond Assembly that the Legislature of the State of North Carolina have resolved to establish the line Commonly called Walker's line, as tho boundary between North Carolina and this Commonwealth, and it is Judged expedient to confirm and establish the said Line on the part of this State: Be it therefore enacted by the General Assembly, That the line Commonly called and known by the name of Walker's line, shall be, and the same is hereby declared to be the boundary line of this State. And be it further enacted, That in all Courts of law and Equity within this Commonwealth, the claims of lands lying between the line Com- monly called Walker's line, and the line Commonly called Henderson's line, shall be decided in favor of the oldest title, whether derived from this Commonwealth, or from the State of North Carolina, the operation of which said Act Commenced on the first day of the present Month, and it being necessary that the promulgation thereof should be made in the fullest manner, I have therefore thought fit, with the advice of the Council of the State, to issue this my Proclamation, making known the said Act to all persons whom it may concern: and for the more certain communication of the said Act to the good people of the several counties lying on the said boundary line, I do hereby require that the same be proclaimed at the respective Courthouses in the aforesaid Counties for two Courts successively, by the Sheriff of each County aforesaid, after receipt thereof. Given under my hand and under the seal of the Commonwealth at Richmond, the twelfth day of March, in the year of our Lord, One thousand seven hundred and Ninety-two, and of the Commonwealth, the sixteenth. Sir, } 1 JAS. INNES, ATTORNEY-GENERAL, TO THE Governor. 11 Mutatis mutandis, the opinion contained in my letter, bearing date the 20th of June, 1791, respecting the Demand made by Governor Miff- lin on this State for the delivery of Brady, McGuire, and Parsons, applies appositely to the Contents of Mr. Thompson's petition. The sentiments I then expressed, I have seen no cause to correct, notwithstanding ye eminence of certain personages who are in Hostility to them. To the Contents then of the above cited Letter, I must take the lib- erty to refer you as a full exemplification of my Judgement on all simi- lar cases. I have the honor to be, very respectfully, Y'r most ob't Serv't. CALENDAR OF STATE PAPERS. 465 JNO. HOPKINS TO THE GOVERNOR IN COUNCIL. I have the honor to be, with great respect, Sir, Sir, I take the liberty of laying before your Excellency, a letter lately March 12th received from William Deakins, Jr., Esq., Treasurer for Federal Build- Richmond ings, by which it will be perceived that the balance of the donation of the State for that object, will be essential to the business. I have there- fore to request that a direction may be forgiven to the Treasurer to dis- charge the warrants, or such part of them as may be convenient. The Sum now remaining is Eighteen Thousand Dollars. Mr. John Hopkins: Dear Sir, Your most ob't Servant. Geo. Town, Feb'y 16th, 1792. I have your favor of the 12th Instant. I have received from Mr. Scott One Thousand Dollars on acc'nt of the last payment you received from the Government of your State for the Federal Buildings. The State of Maryland has paid up one-third of their Donation due the first January last, & the Treasurer Informs me they will be prepared to pay nearly one other third by the first of June next, altho' by the first Act it would not be due till next January, but our last Assembly directed the Treasurer to pay to the order of the President the money as it came in from the funds appropriated for the Federal Buildings, and as these funds are productive, we have hopes the full amount of the Donation will be paid in the course of this year. On the first of April, considerable sums will be wanted to press on with Spirit & Energy, objects of the city. I therefore wish you to make further application to your Executive for the balance due on the order in your hands. I am, Very Respectfully, Dear Sir, Your ob't servant, WILL. DEAKINS, JUN'R. 1792. JOHN HOPKINS, COMMISSIONER OF LOANS FOR VIRGINIA, TO THE GOV- March 12th ERNOR IN COUNCIL. Sir, I have the honor of transmitting to your Excellency for the infor- United mation of Council, an estimate of the whole amount of the debt of the States' Loan office 5.9 466 CALENDAR OF STATE PAPERS. 1792. State of Virginia, which has been subscribed to the Loan of the United March 12th States, proposed by their Act of the 4th of August, 1790. Of the defi- ciency of the sum allowed to be subscribed, and of the yearly and quar- terly payments of Interest to the State in the year 1792, in consequence of that deficiency, I have moreover, the honor of communicating to your Ex- cellency that I shall be prepared on the first day of April, next, to dis- charge the first quarter's Interest, which will then have accrued, by paying the same on the application of the proper officer of the State, according to such instruction as shall then have been communicated from the Secretary of the Treasury. March 13th Richmond March 13th March 13th Sir, I have the honor to be, with most perfect respect and esteem, Your Excellency's most obedient & most Humble Servant. G. THOMPSON TO GOVERNOR HENRY LEE. Within a few days I expect to set off to the Western Country. Shall go way of Pittsburg & down the River Ohio. There will be in my company I expect, near two hundred, consisting of men, women, & children. I wish the Executive to be good enough to let me have from the Barracks in Fluvanna, small piece of ordinance, which at my own expence I'll have repaired. The piece I wish, is very small & out of order, weighing about 40 or 50 lbs., made of Iron. I am, Sir, ve'y Resp., G Y'r M't ob. S't. At a court held for Patrick County the 13th day of March, 1792, the court consisted of Abraham Penn, James Lyon, Jonathan Hanby, Wil- liam Carter, Charles Foster, and Samuel Clark; Ordered it to be stated that before the alteration of the dividing line between the counties of Henry & Patrick, Archelaus Hughes, Gen., was the Presiding.member of the County Court of Henry, but after the said alteration, fell into the county of Patrick, thus vacating his commission as justice. The court certify as their unanimous opinion, that the said Hughes should hold the position of presiding justice of Patrick County. Amount of Specie in the Treasury on the 13th March, 1792, five thousand, nine hundred and twenty-two pounds, eight s., seven pence. E. B. LACY. CALENDAR OF STATE PAPERS. 467 ROBERT CROCKETT TO THE GOVERnor. AUDITOR'S REPORT TO THE GOVERNOR. Amount of a quarter's Salary paid the officers of the Civil Govern- March 14th ment, £3,346, 158. The allowance to the sh'fs, Sergeants, Tipstaffs or cryers included in the above amount. I am, Sir, with due respect and Esteem, 1792. Your Excellency's Obliged Hbl. Servant. Sir, I have been informed that a memorial or some kind of complaint, Wythe Co. signed by some of the Militia officers of Wythe has lately been trans- mitted to your Excellency, to induce you to deprive me of the office of Lieutenant of one of the Companys of rangers stationed on the South- western frontier. As I know nothing of the purport of the charges but by hearsay, it is now out of my power to answer them. But must ob- serve if there had been any real foundation for complaint, why did the complainants keep their paper a secret to me and my friends? It ought to be beneath the character of a gentleman and officer to act the part of a dastardly assassin, to endeavor to stab in the dark. But I have too much confidence in your Excellency's Justice and descernment, to conclude that the complaint would make an impression before I knew what it was and had an opportunity to answer. It has been my mis- fortune to be a prosecutor of some of the Militia officers of Wythe, as Justice of the Peace; one of the enclosed papers will shew the cause. In this business I have acted in an open and decided manner, and with a sense that I was obliged to do so in obedience to the Judiciary author- ity, and in conformity to the laws. When this cause of hatred of some of the officers originated, I was then a resident of Wythe county, and had lived for some time in Montgomery before it was divided, of which, two of the papers enclosed will inform you. Some time afterward I went into Washington, to improve myself in the knowledge necessary for a County court Clerk, which I consider myself the rightful one of Wythe County. My father it is true, has lately removed out of Virginia to the borders of the S. W. Territory, but his interest and mine are separate, and has in a great measure been so for some years. This I hope will explain the subject respecting residence, which I have heard is one article of complaint. If needful, when I know what the others are, I trust I can shew on what foundation they stand. I am sorry to trouble the Execu- tive on such a subject, (I am not the beginner of mischief,) but Justice to myself requires I should not be silent. I am happy to inform you that my Quota of recruits are compleated. March 15th 468 CALENDAR OF STATE PAPERS. 1792. March 17th March 17th Phila- delphia HARRY HETH'S BOND AS AGENT OF THE SINKING FUND. Know all men by these presence, that we, Harry Heth, William Fou- shee, John Marshall, Daniel L. Hylton, are held and firmly bound unto Henry Lee, Esq., Governor & chief Magistrate of the Commonwealth of Virginia, and his successors, in the Just and full sum of Twenty thou- sand pounds to be paid to the said Henry Lee, or his successors, to which payment well and truly to be made, We bind ourselves, Jointly & seve- rally, our and each of our Joint & several Heirs, Executors and Admin- istrators, firmly by these presence. Sealed with our Seals and dated this 17th day of March, 1792. - The Condition of the above obligation is such, that whereas the above- named Harry Heth hath been appointed Agent to the Sinking Fund, now if the said Harry Heth shall faithfully discharge the dutys of his said office according to the instructions of the Executive, and account for all moneys which may come to his hands in consequence of his said appointment, then the above obligation to be void-else to remain in full force and vertue. HARRY HETH, W. FOUSHEE. Signed, sealed, &c., in presence of Rich'd Barbour as to H. H. & W. F.; Dan'l Call as to John Marshall; J. Lenox as to D. L. Hylton. J. MARSHALL, DAN'L L. HYLTON. H. KNOX, SECRETARY AT WAR, TO THE GOVERNOR OF VIRGINIA. My Dear Sir, I have received several letters from you lately, recom- mendatory of characters for the military service; for all which I sin- cerely thank you. Your letters have all been laid before the President of the United States, and several of the characters have been appointed upon your recommendation. I shall by the next Post, if possible, transmit you the result of the claim for the reimbursement of the defensive protection of Kentucky, which I flatter myself will be satisfactory to you. I with pleasure comply with your request for the discharge of Alex- ander Purdie, which I have herein enclosed. I am, with the greatest regards, my Dear Sir, Your most Obedient Servant. CALENDAR OF STATE PAPERS. 469 GABRIEL JONES TO THE Governor. : Sir, I had not the honor of receiving your Excellency's Letter of the March 20th 2nd Feb'ry, before the 27th, & no oppertunity offering before the present, Rockingham prevents me from answering it & paying that respect due to so dignified a character. I am extremely sorry of my being ignorant so long of the Executive being desirous of any services I might render ye Country by assisting Mr. Steuart in the prosecution of the Collectors of the taxes in Augusta. Upon the first breaking out of the matter, tho' I spoke my sentiments very freely upon the subject, I was applied to for advice by the culprits, which I refused to give, or receive the fee offered, expecting probable the prosecutors might want to aid Mr. Steuart with assisting Council, as the Def'ts bad employed every one they thought worth speaking too that practised in the District Court, & tho' I was frequently in company with every one of them, four in all, & very particular friends, & had often conversed with Mr. Steuart on the enormity of the crime, I never had the least hint from any one that I might be applied too, or any further assistance thought necessary. In this state things remained till ye last District Augusta Court, when I was applied to again by the Defendants not to speak in the cause, so for this I positively refused, but to remain newter. I then received a fee for that purpose, and however sorry I may be in not suspecting the Hono'ble ye Executives instructions, the above state of the matter will I presume, be a sufficient apology to your Excellency and them, for my adhering to the prior engagement made to the def'ts. Y I have only to express my sincere wishes for your Excellency's happi- ness, and that you may go through the arduous task of Government with ease to yourself and satisfaction to ye people, and that when you retire, you may do it with the same high reputation as you did those offices formerly so worthily filled. I have the honor to be with all possible esteem & regard, Your Excellency's Most obed't & very humble Serv't. 1792. WILL. RUSSELL, C. C. D. At a meeting of the Directors of the Hospital for the maintenance March 29th and cure of Persons of unsound minds, held at the said Hospital in Wil- Williams- liamsburg the 17th day of March, 1792: burg Ordered, that the Treasurer of this Hospital be directed to apply to the Executive for a Warrant from the Auditor of Public Accounts on the Treasurer of this State for the sum of Four hundred pounds for the use of the Hospital. A copy-Teste: 470 CALENDAR OF STATE PAPERS. 1792. The Sum mentioned is larger than that which has been usually drawn March 20th at one time, but we trust it will be recollected that ye interval has been considerable since a similar application to ye Executive was made. The Hospital, of consequence, has been considerably in arrears. I am, Sir, with the greatest Respect, Your most Obed't Serv't. March 20th JAMES LYLE, JR., TO ARCHIBALD BLAIR, ESQ., CLERK OF THE COUNCIL. Sir, Staunton Inclosed you will receive copies of the orders of the County Court of Augusta, on which the proceedings Inclosed in answer to yours of the 30th December last were founded; also a copy of the Insolvent List on which the Indictment against William Chambers is drawn, which was omitted when the other copies were sent by reason of its being at that time mislaid. A copy: I am, Sir, March Augusta Court, 1788: Ordered, that the Clerk examine the Depositums laid in the county levies as far back as the year 1771, and report a state thereof to the next court. Your ob. Serv't A copy: J. LYLE, JR., D. C. February Augusta Court, 1789: Ordered, that Zechariah Johnston, Michael Bowyer, Joseph Bell, John Wilson, David Stephenson, Robert Porterfield, and John Tate, Esquires. or as many of them as can attend, Examine the Depositums of county levies which have not been accounted for, and report a state thereof to June Court, next; and that James Lyle, Jr., prepare the said accounts for their examination, and assist in the said business agreeable to a former order. J. LYLE, JR., D. C. October Augusta Court, 1790: Ordered, that the Commissioners formerly appointed, or any three of them, Re examine the accounts of Depositums of County levies, for the years 1785 & 1786, and that Anthony Mustoe, late Deputy Sheriff, have notice to attend the said re-examination. A copy: J. LYLE, JR. D. C. CALENDAR OF STATE PAPERS. 471 February Augusta Court, 1791: 1792. Ordered, that the Commissioners heretofore appointed, to wit: Zech- March 20th ariah Johnston, Michael Bowyer, Joseph Bell, John Wilson, David. Stedhenson, Robert Porterfield and John Tate, Esquires, to examine the Depositums since 1781, do in addition to the duties enjoined on them by that order, take into their consideration the several returns of Delin- quents, Supernumeraries, &c., from the period aforesaid, and make report thereof to the Court. 1 A copy: J. LYLE, JR., D. C. J. LYLE, Jr., C. S. D. C. 1786 Tax. A List of Insolvent Returns by William Chambers, D. S. for Augusta County. A copy-Teste: James Dickey, moved to Kentucky; James Alexander, moved to Ken- tuckey; Thomas Gragg, moved to Holston; Robert Gragg, moved to Holston; Morris Martin, moved to Holston; Moses Hays, Insolvent; Francis Rucket, No such man; Elizabeth Allen, overcharged; Samuel Steele, overcharged; Hugh Fulton, overcharged; Charles Berry, over- charged; John Tate, Jr., overcharged; Charles Brown, not known; Dennis McKinney, moved to Kentucky; Andrew Heron, Runaway; Samuel Hawes, Insolvent; William Young, moved to Greenbrier; Rich- ard Crain, Insolvent; Mary Hunter, Insolvent; Arthur Edwards, moved to Greenbrier; Edward Day, Insolvent; Nathaniel Thorpe, moved; Ed- ward Erwin, moved to French Broad; Robert McQuillen, Moved; John Lamb, twice charged; Edward Brobeck, Insolvent; James Blair, moved to Kentucky; John Garvin, moved to Greenbrier; Andrew Honyman, Insolvent. At a Court held for Augusta County, June 19th, 1787: William Chambers, Deputy Sheriff, returned this list of Delinquents & Insolvents in the Taxes for 1786, amounting to Fifty-three white Tith- ables, above Twenty-One years; Ninteen slaves, above 16 years; & forty- One slaves, under 16; One hundred and forty-six horses, One hundred and Ninety-Eight nett cattle, & Four pounds 13s. for Tax on Covering horses; & having made Oath thereto according to Law, the same is ordered to be certified, &c. Teste: A copy-Teste: • A copy-Teste: J. LYLE, Jr., D. C. J. LYLE, JR., D. C. J. LYLE, Jr., C. S. D. C. 5 472 CALENDAR OF STATE PAPERS. 1792. March 21st WILLIS RIDDICK, A. RICHARDSON, ALBERT M. RIDDICK, AND JOSIAH RIDDICK, TO THE GOVERNOr. March 21st To his Excellency Henry Lee, Esquire, Governor or Chief Magistrate of the Commonwealth of Virginia: We, the Subscribers do hereby Certify to your Excellency that a Court, (of which we are a majority,) was summoned & held at the Court House of Nansemond County, the 2d day of March, 1792, for the Trial of Coff, a negro man slave, the property of Edward Allen, of the said County, for Felony; that on solemn consideration of the Testimony exhibited against him, and the circumstances attending the case, it was considered by the Court that the said Coff was thereof Guilty, & that Judgment of Death was accordingly passed against him. We do also beg leave to represent to your Excellency as our opinion, that the said Coff is worthy of a reprieve, & do most humbly solicit the interposition of your Excellency in his behalf, & hope that in your Wis- dom you will grant unto him such reprieve or pardon as will not only release him from his present confinement, but fully and wholly dis- charge him from the Judgement aforesaid. Wo further represent to your Excellency that the most material & substantial testimony upon which the conviction of the said Coff was procured, was that of a negroe, an accomplice, whom altho' the law in such cases seems to have made a competent witness, we conceivo may have been the principal in the perpetration of the Felony. SAM. COLEMAN TO THE GOVERNOR. Sir, The account of Mr. Fry upon the Foundry Books is similar to the statement enclosed, with this difference that the entry for the first hire, which came due the 24th of December, 1776, is dated April 30th, 1777; so also, is the hire for the year 1777. A Memorandum at the foot of the account as it stands on the books, reduces the amount to £8, 14s, 0d, by making the depreciation of 2 for 1, which was the rate in the month of April, 1777. This is evidently unjust, as the money for the first hire was due the last of December, 1776, when no depreciation bad taken place, and the law establishing a scale makes the time of entering into the contract the criterion for establishing the value of money contracted to be paid, thus the sum contracted to be paid for the second year's hire should be reduced at the rate of for 1, The depreciation of the money in the month of January, 1777. . Of course the 15 pounds will be reduced to £10. I therefore conclude that the Just amount of this account should be £16, 158, 0d. I have the honor to be, Sir, Your most ob. Servant. CALENDAR OF STATE PAPERS. 473 ☺ J. PENDLETON, AUDITOR, WITH RESPECTS TO THE GOVERNOR. I have no papers for the person you mention, nor do I see any pro- March 23d vision made for him by the Acts of last session. If the Peto. to the Legislature was to obtain settlement for depreciation of pay as a sol- dier, I suppose the claim is only ordered to be certified to Congress, and is included with others in a general Reso. I am sorry your Ex'y wrote Mr. Hornsby on the State of the I have returns '86 to '90, though they are not yet entered to the credit of that account. I have written to Mr. Hornsby to obviate any uneasi- ness on this head. J. LAWSON TO THE GOVErnor. I have the honor to be, with great respect, Dear Sir, Your most obedient Servant. 1792. At a Court of Oyer & Terminer, held at the Court House of Prince William County on the 3rd Day of February, 1791: Present Jesse Ewell, Matthew Harrison, Alex'r Lithgow, Thos. Lee, Sen'r, & John Macrae, Gent. Justices. James, a Negro man-slave, the property of Wm. Adie, Gent., Benja. Coot, a Negro man-slave, the property of John Lawson, gt., & Peter, commonly called bigg Petor, the property of Capt. John Hedges, being Dear Sir, This will be handed you accompanied by the records of the Dumfries Court of Prince William in the case of a slave of mine, who has been condemned to death by a sentence which I believe was rather occasioned by the severity of the law than the enormity of the offence. However, he cluded the execution of his original sentence, by making his escape from Gaol upwards of twelve months ago, & being brought back the Court were obliged to enforce the same by appointing a new day of exe- cution, but at the same time from the most ample testimony of the Fel- low's good behavior during his absence (at Baltimore), & conceiving the end of the law to have been fully answered by such proofs of reforma- tion, the Court have been induced to direct the record to be by their clerk transmitted to the Honorable the Executive with their prayer and recommendation of him to mercy. As I am extremely anxious for the preservation of the fellow. I have taken the liberty of forwarding the papers immediately, and I flatter myself your humanity will induce you to have the matter decided as soon as possible. March 24th 60 474 CALENDAR OF STATE PAPERS. 1792. indicted for feloniously & burglariously entering the Corn House of John March 24th Hedges, & taking thereout and carrying away two Bushels of Indian Corn of the value of ten Pence, and being arraigned in open Court, upon their arraignment Pleaded not guilty; and thereupon the several Wit- nesses against them were sworn and examined, and upon consideration thereof the Court are of opinion that the afores'd James & Benj. Coot are guilty of the said Burglary & Felony. Therefore, it is considered by the Court that the said Peter be dis- charged out of Prison & conveyed to his master, and that the aforesaid James & Benj. Coot be Hanged by the Neck on the 12th day of March next, between the hours of 10 & 3 o'cl'k, until they be Dead; and the Court are of opinion that the aforesaid Benj. Coot is worth Eighty-five Pounds current money, & that James is also worth Eighty-five Pounds current money, which is ordered to be certified. A copy-Teste: ROBERT GRAHAM, C. & C. W. At a court called and held at the court house of Prince William County, the 17th day of March, 1792. Present: George Graham, Matthew Harrison, Alexander Lithgow, Thomas Lee, Sen'r, gent., John McRae and Charles Ewell, Justices. Benjamin Coot, a negro man slave, the property of John Lawson, Gent., who was convicted of Felony and Burglary, and condemned to die at a court of oyer and Terminer, called and held at the court house of the said county, on the third day of February, 1791, but escaped from Gaol before execution could be done upon him in pursuance of his said sentence, was arraigned at the Bar and thereupon the record of the proceedings formerly had against him being read, it was demanded of him if he had or could say anything for himself why execution should not be done upon him in pursuance of his former sentence; he saith that he is the same Benja. Coots in the said record mentioned; there- upon he is remanded to Gaol, and it is ordered that Execution of his former sentence be done upon him, on Thursday, the 26th Day of April next, between ten in the forenoon & two in the afternoon. Absent: George Graham, Gt. Then the court being informed of, and having examined evidence as to the behavior of the aforesaid Benja. Coot since his escape from Gaol, now upwards of twelve months, which appearing to be unexceptionable, do order that the clerk transmit a copy of the record to the Executive with their prayer & recommendation of him to mercy. The business of the court being over, the same is Dissolved. (Signed) A True copy-Teste: M. HARRISON. ROBERT GRAHAM, C. & C. CALENDAR OF STATE PAPERS. 475 SAM. COLEMAN TO THE GOVERNOR. I have the honor to be, sir, Sir, In a report on the enclosed papers from the County Lieutenant of March 24th Kanawha, I bave only to remark that although Dispatches dated 25th of March, 1791, were forwarded by express to the county Lieuten't, directing that the troops embodied under an order of the Executive of the 29th of December, 1790, be on receipt thereof immediately dis- charged, the United States having adopted full and effectual measures for the defence of the Western Frontier, yet the said troops were not discharged until the first day of May, 1791. The pay-rolls and other papers are duly authenticated, and are forwarded in pursuance of your Excellency's letter of the 3d of January last. Your most ob't servant. The following are the papers inclosed in the report of the County Lieutenant of Kanawha. A copy of the roll of Captain John Morris' company of Rangers called into service by order of the Hon'l Gen'l Knox, Secretary of War, commencing the first day of May, and terminating the 30th day of Sep- tember, 1791, both days inclusive. Captain John Morris, Lieutenant, George Shaw, Ensign, Andrew Lewis and Alex'r Clendinen, Sergeants, Joseph McBride, Wm. Morris, John Handsford, Geo. Roberts, Privates, Thomas Upon, Fleming Cobb, John Sharp, David Johnston, Michael Newhouse, William Crain, John Buckle, John Morris, Junior, Joseph Burwell, Larkin Stone, Charles McClurg, William Neel, Jas. Hale, Henry Newhouse, Thos. Sammons, Thos. Alsbury, Sen'r, Edw'd McClurg, Jno. Carter, Jas. Hazleton, Jas. Spencer, Benj. Johnston, Lewis Loyd, William Hall, Patrick Cockhern Wm. Miller, William McCullum, Pleasant Wede, Edmund Newhouse, Joseph Graham, Reuben Simmons, Leonard Morris, Geo. Alderson. Abram Barker, Edward Price, William Griffith, Joseph Carroll, John Moss, Wm. Carroll, Francis Watkins, Reuben Slaughter, Wm. Morris, Jun'r, John Bailey, Adonijah Mathews, Jonathan Windsor, William. Rider, Henry Moriss, Conrad Young, Mathias Young, Chas. Young, Jos- eph Edwards, Lewis Jacket, John Jones, Levy Morriss, Benj. Morriss, Wm. Dreddy, Thos. Alsbury, Jr., Lewis Jacket, Jun'r, John Jacket, Archi- bald Caisey, Edw'd Hughes, John Bailey, Jr., John Cavender, Joseph Clymer, Nat. Hudleston, Roland Wheeler, Henry Bailey, Wm. Smith, John Childers, Mathew Wheeler, Rowland Wheeler, Sam'l White, Robert Juon, Philip Juon, Wm. Hughes, John Caseboll, John Wheeler, Davis Alderson, Sam'l Peoples, Ezekial Dreddy, John Jenkins, Thos. Hughes, Thos. Shirkey, Thos. Hughes, Jr., Wm. Pryer, Carroll Morriss, Gabriel Jones, John Windsor, Chas. Alsbury, John Edwards, John Sheppard. 1792. Council office 476 CALENDAR OF STATE PAPERS. 1792. Also, a statement by Geo. Clendinen, county Lieutenant of Kanawha March 24th county, of the amount of rations—namely, 14,994 furnished said com- pany for 153 days at six pence per Ration. Also, a statement by the said Clendinen of the ammunition purchased for the said company, amounting to £25, 0s, Od, for its use during the 153 days. March 26th Phila- delphia Monongalia County March 27th J. DAWSON TO THE GOVERNOR OF VIRGINIA. March 27th RECEIPT OF JOHN EVANS, COUNTY LIEUTENANT, FOR LEAD & POWDER. Received March 27th, 1792, of Col. Daniel Boon 709 lbs. Lead, 190 Lbs. powder; a proportion of Flints for the use of the men of Harrison and Monongalia counties in actual service; also a proportion of Flints for Randolph county, Rec'd by me. Dear Sir, I am at a loss to assign a cause for my not receiving your favour of the 5th of this month until this morning. I immediately made an en- quiry of the Speaker of the house of representatives of this State, & Learn that the application from the Legislature of Virginia has not been acted on by them, nor is there any entries on their Journals that appears strange, & I have not yet been able to obtain the cause, but shall pay particular attention to it & communicate more fully by the next post. With Esteem. R. BROOKE TO THE GOVERNOR. Sir, I am this moment honored with your letters of 23rd Inst., and would with the greatest pleasure, immediately undertake the business you are thereby pleased to entrust to me, but having received no instruc tions last week respecting it (as I expected), I was induced to believe the Executive would not require my services. Under this impression, I have made such engagements as will put it out of my power to go to Staunton as required—a circumstance I lament the more as it deprives me of an opportunity of manifesting to you the pleasure and readiness with which I should always execute your commands. I have the honor to be, Sir, with the most perfect Respect, Your most ob't Serv't. CALENDAR OF STATE PAPERS. 477 GEO. SKILLERN TO THE Governor. I have the honor to be, Sir, Sir, I take the liberty to enclose to you the recommendation of two March 27th Persons as Inspectors of Tobacco at Crow's Warehouse, who are much Botetourt County wanting, as the People are paying in Tobacco for their arrearages—at least they wish to do so, but have not an opportunity, as there is only one at this time. The Bearer promises to wait on you for your Com- mands. Your most Ob't Servant. At April Botetourt Court, 1790: Jesse Clarke came into Court, and with their leave resigned his Com- mission as Inspector of Tobacco at Crow's Warehouse, and it is ordered that William Bilbro be recommended to the honorable the Executive of this Commonwealth as a fit person to execute said office. A copy-Teste: A Copy-Teste: T. BOWYER, Cl. At January Botetourt Court, 1792: Ordered, that Dubartis Shepherd be recommended to the Hon'ble the Executive of Virginia as a fit person to execute the office of Inspector at Crow's Warehouse. T. BOWYER, CI. 1792. WM. W. HENING TO THE HONORABLE HARDIN BURNLEY, MEMBER OF March 28th THE COUNCIL, RICHMOND. Dear Sir, From motives of humanity, (which I doubt not will also in- Fredericks- fluence you), I am induced to solicit your interposition in the Executive burg department for a man whose case will appear from a copy of the record herewith sent you. This man thro' honest industry in the retail line, with difficulty supports an aged father and mother, besides a growing family of his own. He had taken out a license to retail goods under the Act imposing nex taxes, and thinking himself thereby authorized to retail spirituous Liquors also, did sell them by retail. On examination of the Testimony, it was proved that he had sold one quart of cider only. The Jury conceiving themselves bound to find him guilty on this testi- mony, accordingly did so; and the court altho' strongly inclined to 478 CALENDAR OF STATE PAPERS. 1792. remit the fine imposed by law on the offence, were compelled to pass March 28th sentence, tho' they did not doubt but that the Executive would remit it. If any other papers or Testimony are necessary than the Copy of the Judgment and the statement of the matter which I have given, which may be relied on, I will cheerfully furnish them, and flatter myself that I shall find a disposition in you & the other Honorable members in your department to favour the charitable attempt. I am, Respectfully y'rs. March 28th Auditor's office Fredericksburg Court of Hustings, August 1791: The Commonwealth against Thomas Sacrea, Defendant, In debt for re- tailing spirituous liquors without a License. This day came as well the Deputy Attorney for the Commonwealth in the Corporation aforesaid, as the said Thomas Sacrea by his attorney, and thereupon came a Jury, to-wit: George W. Spooner, who being elected, tried, and sworn the truth to speak upon the issue Joined upon their Oath, do say that the defendant is guilty in manner and form as in the Information against him is alledged. Therefore, it is considered by the Court that the Commonwealth recover against the Def't Ten pounds, the debt in the declaration mentioned, for and toward the better Support of this Government, & the Contingent charges thereof, and that the said Defendant pay the Costs of this prosecution, and may be taken, &c. Costs, 302 lbs. G. Tobacco, & 15s. Teste: JAS. CHEW, C. C. H. J. PENDLETON, AUDITOR, STATEMENT OF GENERAL GIST'S CLAIM. It is well known that the Auditor is divested of every check which the office afforded on claims that originated & may have been paid during the paper money system. The auditor entertains the highest concep- tions of this Gentleman's integrity & veracity, and therefore relys that he would not prefer a claim which he knew had been paid before, but in transactions which are perhaps trusted to memory; after a lapse of 14 years, a fact of this trivial nature might be forgotten, for it is rather unaccountable that this claim should have lain so long dormant; the law w'ch gave this donation passed in Octo. '78, and the claimant is possessed of a manuscript copy of the Act transmitted to him by the Executive early in '79. The Auditor is not clear that the claimant is barred by any particular act of limitation, but it seems to have been the design of the Legisla CALENDAR OF STATE PAPERS. 479 1778. 1792. ture to discontinue the settlement of every description of army dis- counts, as they have taken away the authority for settling Pay & depre- March 28th ciation accounts, & militia claims for services performed during the war, and claims for supplies. Dr. The Commonwealth of Virginia, In Acc't with Nathaniel Gist: To Six months' pay as Colo. at 75 Dollars p. month, - $135 00 Be pleased to settle the above acc't with Mr. Cary Drew, & his rec't shall be good against Your Ob't Serv't, N. GIST. March 20th, 1792. To the Executive of Virginia: Whereas from the present high prices of all commodities, it is sertain that the pay allowed the officers & soldiers in the Service of the United States of America, will by no means enable them to procure the Comforts or even the necessaries of life; and whereas it is also sertain that both officers and soldiers have, by devoting themselves entirely to the cause of the liberty of mankind, not only neglected the opportunity of increasing, but have much injured the fortunes they were possessed of at the time they entered the service. In order, therefore, to show the grateful sense of the people of this state have for these Brave offi- cers & soldiers, as well as to enable and encourage them to persevere in such Laudable exertions: "Be it Enacted by the General Assembly, that each officer & soldier belonging to this State, and now in the Service of the United States, Shall be presented with Six months' pay out of the public Treasury to be remitted to them in such manner as the Governor with the advice of the Council shall think proper. An Act to enable the officers of the Virg'a Line, and to enable the soldiers of the same line to continue in the Continental service. A True copy. ARTHUR CAMPBELL TO THE GOVERNOR OF VIRGINIA. Washington, March 2nd, 1792. Sir, As the inclosed extract of a letter contains information interesting to this State in particular, I. Judge it my duty to forward it, as its March 28th 480 CALENDAR OF STATE PAPERS. 1792. authority may be depended on, the original being in my possession, and March 28th the officer that writes has often given intelligence that has turned out to the advantage of the Publick. Some indication of resistence seems to be given in the S. W. Territory to permitting the Inhabitants between what is called Henderson and Walker's Line becoming Citizens of Virginia, agreeably to the late Act of Assembly. I shall be happy to receive your Excellency's instructions on the subject as far as what may respect the Militia of Washington, which may also serve as advice to the Sheriff in serving process. March 28th I am, Sir, Your most ob. Servant. EXTRACT OF A LETTER DATED NEAR CHO'TA, FEB'Y 1ST, 1792. It is with difficulty that intelligence, (to be relied on,) can be had from the Cherokees at present. The Traders both in and out of the Towns, do all in their power to conceal the murders and robbery of the Indians, and has carefully instructed them the necessity of secrecy in such matters. However, some avenues are yet open thro' which I receive information. Some Indians have among the frontier Inhabitants favourites, whom they call Comrades, and to whom they will with freedom tell whatever they know. Major is a Comrade to the Chief of Lellico, who is one of the most friendly Indians in the Nation. He has lately informed the Major that 20 Warriors from the Town of Nicojac & Crow Town was at the defeat of our Army over ye Ohio, that two of them were slain, one a Chief of small note. Another Indian informed John of little River Settlement, that 60 Indians of the Chiccamogga Towns were in the battle, and that he saw them at Estanala with several scalps and a great deal of plunder. The mischief done in Washington at Mockison Gap, last fall, was done by a party of Cherokees, who lived in a Town at the mouth of Hiwassee. The party that did the mischief in the beginning of the Winter on ye Kentucky road was Cherokees, Commanded by a fellow called Red-Bird Bowles, commonly called Colo. Bowles, who went to England some years ago with Moses Price and some Indian Chiefs; is returned, and resides now among the upper Creeks, and who is endeavor- ing to engage them in a war with the United States, and that they were preparing to make a stroke in the Spring. M. Gillivray had departed for Pensacola greatly vexed with the conduct of the Creeks for listening to Bowles. Little satisfaction can be got from the Indians respecting the business they went to England. Moses Price says the King of Eng- land advised them to live in peace with, the United States. But it is · CALENDAR OF STATE PAPERS. 481 1792. curious that the King of England should be at so much trouble and expence for no other purpose but to advise the Indians to be at Peace. March 28th Bennet Bellow a few days ago, appeared at Knoxville in a Coat appear- ingly to be one of the Uniforms of the officers of ye Federal Regiment. Amount of Specie in the Treasury on the 28th of March, 1792, £6,495, 15s, 2d. EDMUND B. LACY. ZACHARIAH JOHNSTON TO THE GOVERNOR. March 28th D'r Sir, I expect you have heard of some combinations in Augusta respecting the Excise Law, which, Sir, has been as all other reports of the kind, generally much exagerated, and I am sorry to say some Respectable men has inadvertently, I really believe, rather than through Ill design, given their Countenance to an improper ill-worded remon- strance, which has in the last these words: Untill we can Petition for redress or repell by force. A neighbour of mine in Augusta, and Capt. of the militia, who had laid two valuable Stills idle on account of the Excise Law, I believe Drew the papers, & unwarily, from an anxious desire to redress grievances, let this unwary word, or repell by force, slip into his pen's mouth, and he solemnly declares it was an act that never entered his heart, nor was proposed by him, nor any in his Com- pany when they were conveaned, although every man reprobated the law; & sir, be assured it is too generally so in this part of the country, and as my son James & Capt. Frazer live near neighbours, & command adjoining companys, I understand this remonstrance they and I corres- ponded in, although my son has no still himself. But as some dispar- aging Language had fallen in Publick from Major Porterfield on to my son's conduct, as it said that life itself could hardly attone for such ill- timed popularity, a new mischief, rather personal, is like to arise from some individuals, and a desire to apply improperly the Publick Arms to Private Broils, which can never effect the Publick good; from what I have heard, some hasty & rash accusations may appear before your honorable Board. I pray your, Sir, Call for some information from Mr. St. Clair; in this whole business as a man of truth and veracity, I'll say to you as God is my witness, I Believe there is no Danger to the Pub- lick, unless it arise from an unfriendly & ill-timed Prosecution from Pride and private rancour. I dare pledge to you my reputation for the 61 482 CALENDAR OF STATE PAPERS. 1792. Publick Quiet & safety, if the matter can but rest, but I leave you to March 28th Judge what my feelings must be after the pains I have taken, which have been great, both for publick and private peace. I shall at least lament to see the Public hand lifted in Private malice. I hear I have hardly escaped hard names, such God knows I don't deserve. However, sir, I refer you to Colo. Carrington for fuller information & more par- ticular. & be assured, sir, I am both the Publick & your Excellency's very humble serv't. March JOHN EVANS, Lieutenant DaviD SCOTT, AND CHARLES MARTIN TO THE GOVERNOR AND COUNCIL. March Monongalia To his Excellency, the Governor, and the Honorable the Council of the County State of Virginia: The Field officers of Monongalia county humbly beg leave to repre- sent to your Honors the exposed situation of the Frontiers of said County, there being two particular Passes that the cruel Indian enemy come through to commit depredations; those passes being at so great a distance apart, renders it out of the power of two Lieuts. to watch them. We, therefore, on behalf of the Frontiers, Humbly beg your Honors to grant us two Scouts in addition to those two that you have been good enough to allow us, knowing that your Honors have ever been Willing to defend your Frontiers as far as consistant, I boldens us to make this request. We expect to have a troublesome summer occasioned by a cruel savage Enemy, untill the General Government can have it in their power to make such arrangements as to them will seem Eligible, which we hope and trust may be soon. We have, gentlemen, the Honor to be, Your most Obed't, Huml. Servant. Sundry accounts of the Commonwealth of Virginia with John Pen- dleton, Auditor; and John Pendleton, Auditor, with the Commonwealth of Virginia, extending from October, 1791, to March 10th, 1792, and marked No. 1 & 2. CALENDAR OF STATE PAPERS. 483 ALEX. WHITE TO THE GOVERNOR. WILLIAM MCMAHEN TO ALEXANDER WHITE. Sir, I cannot comply with the request of my constituent better than by April 1st transmitting his letter; how far it is in the power of the Executive to grant rédress, I am not able to say. I am, with Sentiments of great respect. Dear Sir, I received your letter dated March the second, and am sorry to hear that the pay is fixed at three dollars pr month for the troops; I find that I shall have great difficulty in raising my company in conse- quence of the pay not being equal to what is allowed in the State of Pennsylvania, & also, it not being an adequate compensation for the service expected to be performed. I have to inform you that the In- dians have began to be very troublesome. On the 9th of this month, they stole off, about four miles from my house on our frontier, eight horses & killed one other, and this day I have been informed with cer- tainty, that they killed a family living on Dunkard creek, a Branch of Monongahela, so that we in this Country expect nothing but trouble this Spring. Probably a letter from you to our Executive, informing him of the disadvantages we lie under respecting the smallness of our pay in comparison with our neighboring State, would be attended with some good effect. Every opportunity that offers, I should wish you to embrace to inform me of what passes among you, & on my part I do assure you nothing will give me more pleasure than to Communicate to you, every information that you can receave from this part of the Country. I am, with Esteem & respect, West Liberty, M'rch 21st, 1792. Y'r most ob't Serv't. *THE POTOMAC GUARDIAN AND BERKELEY ADVERTISER. Tuesday, April 3d, 1792. No. 73, Vol. 2. Motto "Where liberty dwells, there is my Country." *This little sheet, 9 by 15 inches, which is much worn and in some places illegi- ble, seems to have been the property of Dr. Henry, and is not only interesting in its contents, but illustrative of the character of the newspaper of its period. 1792. Phila- delphia April 3d 484 CALENDAR OF STATE PAPERS. 1792. April 5th Sir, April 4th Being informed that Maj'r Langham intends to resigne his post at Henrico Co. the Barracks, If so, give me leave to inform you that I intends to offer myself as a Candidate for his post, provided you think me worthy of the appointment. I flatter myself from my long servetude at that Post, as assistant to Capt. John Peyton, It will be in my power to give Gen'l Satisfaction, as being fully acquainted with the duties of the Post. Have done the business there for five years. Not having the pleasure of your acquaintance, give me leave to refer you to several of your Honor'l Council, who are witnesses to my character & conduct while at that Post, before & since having served my country all the war in a Military character. April 7th WILLIAM PRICE TO THE GOVERNOR OF VIRGINIA. I am, Sir, RICH'RD SPEER. Y'r most obt. Serv't. WM. MEMACHAN'S RECEIPT TO COL. DAN'L BOONE FOR LEAD, &C. R'd April 5th, 1792, By the hand of Moses Williams, on ac't of Col. Boon, One hundred & seventy pound powder, allso five Hundred & Sixety-Eight pounds of Lead. One kegg with a number of flints and several other small articles. Wit.: H. KNOX, SECRETARY OF WAR, TO THE GOVERNOR OF VIRGINIA, Sir, War I have this day directed the paymaster to transmit to the treasurer Department of the Commonwealth of Virginia, the amount of payments made by Virginia, agreeably to the Report of Joseph Howell, acting Paymaster of the War department, herein enclosed, amounting to four thousand eight hundred Dollars & 533-100. These accounts do not amount to those transmitted by your Excel- lency, by the sum of two hundred and twenty-three 26-100 dollars. This excess is not authorized by any law, & it would be extremely diffi- cult to obtain one for that purpose. I am persuaded that your Excellency will not conceive this small sum any object of pursuit, as the executive of the United States would read- ily have ordered payment, were it authorized so to do. CALENDAR OF STATE PAPERS. 485 The accounts relative to the expenditures of Kenhawa county, are destitute of the vouchers which will be indispensably necessary in order for payment. If you will please to direct that they be forwarded, the amount shall be immediately paid. I have the honor to transmit you the Copies of a letter to the Presi- dent of the United States from Col. Benjamin Wilson, of Harrison County, and the answer thereto. If it should be your Judgment that the additional protection be indispensible throughout the season of activity, it shall be extended accordingly on your application. I have the honor to be, with great respect, Your Excellency's most Humble servant. H. KNOX, SECRETARY OF WAR, TO COL. BENJ. HARRISON. War Department, 7th April, 1792. Sir, I am directed by the President of the United States to acknowledge the receipt of yours to him of 29th Febru'y, 1792, and to inform you that his Excellency, the Governor of Virginia, was authorized in behalf of the President of the United States, to add as many scouts as he should Judge expedient, at the general expence, to any part of the Ex- posed counties not exceeding eight in number to any one County. It is the disposition of the President of the United States, that the most entire protection should be afforded the exposed counties, that the nature of the case may require. The Executive of Virginia must be presumed to be competent to Judge of this matter, and they have made an arrangement upon this subject. But as some inconvenience may result from waiting for an application from the Governor of Virginia, the counties of Randolph and Monongahala will be permitted the four scouts requested by your Letter of the 29th February, together with such a sufficient number of rangers, upon the continental establishment as a temporary arrangement, as shall be deemed indispensably necessary, not exceeding the company mentioned in your Letter, until the Execu- tive of Virginia may make an application confirmative of the same for the season. I am, Sir, Your humble Servant. 1792. April 7th April 7th 486 CALENDAR OF STATE PAPERS. 1792. Sir, April 9th JOHN GEURRANT, JUNIOR, TO THE GOVERNOR. April 9th Being informed that Major Langham is about to resign his appoint- Goochland ment as manager of the Post, at Point of Fork, I take the freedom from a long and intimate acquaintance with Col. Sam'l Richardson, of Fluvanna, to recommend him to your particular attention as a gentle- man of undoubted probity, Integrity and patriotism, and whose capac- ity, I believe, is equal to any business in which he would engage; his general character and situation in life will warrant any recommenda- tion from me. If consistent with your own pleasure to prefer him to the app't he now solicits, I doubt not his execution of the office with faithfulness & propriety. I am, Sir, with the highest respect, Y'r Excellency's mo. ob. Servant. ARGYLE, A SLAVE, CONDEMNED TO BE HUNG. Norfolk Borough: At a court of Oyer and Terminer, Summoned and held the 9th day of April, 1792, in the 16th year of the Commonwealth, pursuant to the Act of Assembly in such cases made an provided, for the trial of Argyle, a slave the property of Samuel Moseley, charged with Felony in Breaking in and entering the Store House of Phineas Dana, on the 16th day of March last, in the night time and felonously stealing from thence, to the value of Five pounds of the goods and chattels of said Phineas Dana. Present:-Cary H. Hansford, Esquire, Mayor, Cornelius Calvert, James Ramsey, Robert Taylor, Paul Proby, Gent'n Aldermen. The above named slave, Argyle, being committed to the Gaol of this Borough, charged with the Felony aforesaid, was set to the Bar and being arrained of the premises, he said he was in no wise guilty, and thereof according to the Act of Assembly in such cases made and pro- vided, he put himself upon the court, and several Witnesses were pro- duced, sworn and examined, whereupon it seems to the court as the case appears to them that the said slave Argyle, is guilty of the Felony aforesaid, in manner and form as above against him is alledged, and it being demanded of him if anything for himself he had to say why the Court to Judgement and execution against him, of, and upon the prem- ises should not proceed, he said he had nothing to say beside what he had before said. Thereupon it is considered by the Court that the said CALENDAR OF STATE PAPERS. 487 1792. slave, Argyle, be banged by the neck until he be dead, and it is said to the Sergeant that Execution be done on Friday, the 13th day of May April 9th next. The Court values the said slave Argyle at Seventy Pounds. The Court Recommends to his Excellency the Governor the said Slave Argyle, as a proper object of mercy. A copy-Teste: Sir, ALEXANDER MOSELEY, C. N. C. J. K. READ TO THE GOVERNOR. I am with sentiments of respect, Sir, Y'r very ob't Serv't. Colo. Samuel Richardson, who will have the honor to deliver you Richmond this, is induced to become a Candidate for the Command at Columbia. Being entirely unacquainted either with your Excellency or any of the Executive. He has requested of me an introduction. I can aver from a long acquaintance with him, that his character stands fair among his fellow citizens. His fortune is of respectable responsibility, & being situated near the post in question, would make the exercise of his duty perfectly convenient to him. I have not a doubt he would give satis- faction to those who shall be instrumental in his promotion. SAM'L COLEMAN TO THE GOVERNOR. Sir, As usual I have examined the returns from the Post at the Point of Fork, under the superintendence of Elias Langham, Esquire, and find the amount of the pay-roll for the superintendant, armourers, and Guard to be Eighty-eight pounds, fourteen shillings and two pence, to the 31st of March, 1792. The sum remaining in the hands of the Superintendant for the purpose of procuring Iron, oil, &c., not yet accounted for, appears to be thirty- one pounds, nine shillings. I have the honor to be, Sir, Your most obedient Serv't. April 10th April 10th Council office 488 CALENDAR OF STATE PAPERS. 1792. April 11th Council office April 12th April 14th Ohio County SAM'L COLEMAN TO GENERAL WOOD. Sir, By the Regulations which ware made for the defence of the West- ern frontier for the year 1789, the County of Fayette were allowed four scouts and thirty Rangers. I cannot discover that any claim for the service of scouts in the year 1789, for the County of Fayette, have been referred to the auditor for settlement, & therefore conclude that the enclosed claims may be proper. I have the honor to be, Sir, Your most ob. serv't. ALEX. SPOTSWOOD TO THE GOVERNOR. Dear Sir, Excuse the liberty I take of asking your attention to the fol- lowing business-it will help a man whose pocket is sometimes low. In the years 1780, '81 or '82, I think in 1780, I with many was called out by Governor Jefferson, to take command of a Regiment of militia on the invasion of this State by Gen. Leslie. The date of my Commission will appear from the Books of the Council during Jefferson's administration. What time the campaign ended I no not, but of this Col. Goode or Major Clemer can inform you. The time I was out, allowing me 3 day's march to Richmond from my house, & 5 do. from Petersburg home, con- stitutes my demand for pay as Colonel, which I pray you to get, or put me in the way. It is I am told, currently talked of to the north that you are to command against the Yellow Jackets this Summer. If so, should you come near me, I beg to see you before going out. DAVID SHEPHERD TO THE Governor. Sir, any As the present season appears to us to be the most dangerous of that we have experienced, as our expedition has only served to agrivate the savages against us, and as we being the most exposed, expect to feel the force of their Resentment, as it already has Began in a most cruel manner. In the space of one month, they have been in our country three times and killed three persons, scalped one which is yet alive, a woman and three children; at Muskingum burnt several Houses, & stole a number of Horses. Upon the consideration of which, we thought necessary to order out a company of our Militia untill Capt. CALENDAR OF STATE PAPERS. 489 McMachan had Raised his company, and untill further orders. But the whole answers us no good purpose, as we are not one man stronger, but one neighbor guarding the other, and then the other guard him in turn, which gives us no great Relief. I understand that some orders were sent from Government to me Dated about the 5th of Jan'y, which I never Received. If they gave matters of consequence, I hope they may be forwarded by a safe hand. I Labour under a disagreeable circumstance, as I have to obey the orders of the United States, and likewise the orders of our own State, which some times Disagree. The following letters were inclosed in the above: I am, Sir, with respect, I am, Sir, Your Hum. Serv't. Sir, As there cannot be the least doubt of the disposition of the Indians to make all possible Inroads on the frontier as early as the season will admit, so there ought not to be the least omission or delay in plaising out the scouts, and putting the frontier Inhabitants in the best posture of Diffence. War Department, Feb'y 25, 1792. In addition to the above conjecture and suggestion founded on the probable state of things, some information has been received by which it would appear to have been the Intention of the Indians to have acted with great violence against the settlements last December, but the severity of the season then prevented, but every preparation ought to be made for their reception the ensuing spring, and an habitual vigilence established to guard against being surprized. Congress are about making a provision, which is conceived to be ade- quate for offensive operation, which when matured, will afford the requisite protection; But in the meantime, the Inhabitants ought to be alert, and every expedient Devised for security. A copy-Major MCMACHEN. Your very Humble Serv't, H. KNOX. Ohio Co., Ap'l 3rd, 1792. Sir, Agreeably to your request, I have taken the liberty to inform you that we have every reason to believe that we will have a troublesome summer on our Frontiers. About the 9th of March, the Indians took 1792. April 14th April 14th 62 490 CALENDAR OF STATE PAPERS. 1792. April 14th eight horses, & killed one about five miles from my house; about the 20th, they killed one woman & three children at Belspray, the New England settlement; the 21st, two of the Spies discovered the trace of five Indians, about 20 miles from the River, coming into the settlement. They gave me notice, & I immediately went with a party to intercept them, but they acted with great caution near the settlement, & having the advantage of the season, owing to the dryness of the leaves & the herbage not rising, we could not follow them, but on their finding us pursuing them, they took the advantage of the night & stole 2 horses & went off; the 30th the spies discovered the trace of a party, & pursued them to the River about six miles below Wheeling, where they had crossed on a Raft over to our settlement, & my Ensign is in pursuit with a party, & is not yet returned; some people lately arrived from down the River inform me that a number of Rafts were seen by them below our settlements, where parties, I suppose, have crossed, that will fall on Harrison county as on part of Pennsylvania. The people are much alarmed, & several families, & finding it impracticable to defend so exten- sive a frontier with so few men as Government has given us. The in- habited part of our frontier being near one hundred miles on the River, we have here called a counsel of our officers, & have thought it prudent to order out a company of militia for our safety, which I hope may meet with your approbation. I have had great difficulty in raising my men, & yet not compleat, owing to the liberal wages given by the State of Pennsylvania to their Rangers, which is 50s. per month, and every man who finds his own Rifle is allowed dollars for the use of it; this difference gives the people great uneasiness, as it has drawn a num- ber of our best men from our frontier into their service, & I confess I feel myself hurt on the occasion, as I have reason to think there was a design in it, for on my return from Richmond by the way of Philadel- phia, the members of Washington in Pennsylvania enquired of me what was done by our Assembly for our frontiers. I informed them; they requested a copy of my instructions from your Hon'ble Board, which I gave them; and they, I believe, formed their law by it, & only gave extra wages. I have enclosed a copy of a letter from Gen'l Knox on the subject of defending our frontiers. I would thank you for instructions in regard to the militia called out, & if approved of, to give me instructions how they are to be victualed. You will please to direct to me to the Pitts- burg Post, as there is a Post from that place here. I have the honor to be, Sir, Y'r most Ob't Serv't, WM. McMAKIN. P. S.-I have this instant been informed that the party of Indians I supposed came into our settlement, have taken two Boys about 7 miles ! * Z મેં CALENDAR OF STATE PAPERS. 491 1792. above the mouth of Wheeling, & that a party of our men are pursuing them. I have omitted to mention that I was compelled to give my men April 14th reason to believe that they would be on an equal footing with the Penn- sylvania Rangers. WM. M. RICH'RD RANSOM'S CERTIFICATE AS TO JOhn Crane, Jr. Being called on by Mr. James Crane; Father to John Crane, Jun'r, who are now in prison for the murder of a certain Abraham Vanhorn, respecting the Prisoner having fits, I do hereby certify that late in the year 1788, when snow on the ground, that Jno. Crane, Jun'r, who are now prisoner for the charge above lodged, was at my house, and his wife, and agreed to stay all night. Some short time after I discovered a great alteration in Mr. Crane appearing to look very wild out of his eyes and insisted to go home. When I discovered he would not stay all night I sent one of my sons with him for fear of his meeting with some acci- dent; in a very short time or sooner then I expected he had got home, a messenger came for me, informing me Mr. Crane had a fit. I imme- diately went, and when I saw Mr. Crane found him Quite Insensible of his complaint-ravin Distracted; at times took several persons to hold him. He continued in this way in madness for six or seven hours quite out of reason, and for two or three days before he got to his natural reason again. These fits or madness has followed him ever since at times. Sworn to before me this 14th Day of April, 1792. J. B. WILSON. Judith Whiting, William Howard, Robert Throckmorton, Daniel Duf field, Susanah Whiting, Giles Cooke, certify as to John Crane, Jr.: We, the subscribers, do hereby certify that we have seen Mr. John Crane, the younger, whom stands charged with the death of Abraham Vanhorn, seized with uncommon fits; at which time appeared to be a kind of madness for some time before he was confined to his bed, & after his recovery, which was generally three or four days before he came to his reason; & when that was obtained, he has often mentioned that he did not remember anything of his being disordered, tho' felt himself very sore, weak, and light-headed-the first of his seizure was late in the year 1786. Subscribed this 14th Day of April, 1792. April 14th 492 CALENDAR OF STATE PAPERS. 1792. DR. ROBERT HENRY TO DR. JAMES MCCLURG. Sir, April 14th I have Just been applied to by Mr. James Crane, Father of Mr. Berkeley Co. John Crane, Jun'r, the unfortunate Prisoner now in Winchester, for a certificate of my attendance on him as a Physician some years ago, which I suppose will be before the Honorable Council. But as a full statement of his complaint could not with propriety be laid before that Body, and being informed that you were a member, though I have not the honour of a personal acquaintance with you, yet motives of humanity & common Justice has induced me to take the liberty of addressing you at this time, in order to give you as much information of his complaint as I am capable of. When I was first called to him, which was on the 20th day of Nov., 1782, I found him labouring under a violent nervous affection of the whole frame, Particularly most violent spasms of the lower Intestines, attended with strong symptoms of Phrensy. I was informed by the family that he had been in that situation two or three days; had been attended by a Gentleman of the Faculty who lived nigh to him, without receiving any relief. On further examination, I found that his com- plaint was attended with an obstinate costiveness, for which repeated purges had been given without any effect, when I concluded bis com- plaint to be a dry griping, (that of his having fits being kept a secret from me, but communicated to me by a particular friend of his some time after, and before he had any return of the complaint.) They informed likewise, that he had been blooded freely, From his extreme Restlessness & Impatience & pain. When in any degree in his senses, I was obliged to give large quantities of Laudanum to take off the spasm, and after- wards large doses of the Oleum Recini, which happily relieved him, though several days elapsed before he came entirely to his senses. I attended him two different times after the 26th of Aug., & 25th of October, 1789, in the same complaint. The symptoms were always the same, with the difference that they continued longer, were more alarm- ing, with stronger appearances of Real Madness on every return. Though I was called in the two last times as soon as possible, yet living at some distance, I never saw him in a Fit, so that I cannot say exactly of what kind they were, but I am of opinion they were of that suffocat- ing or strangling kind, which people of an unhappy passionate temper, and over heated animal spirits are liable to, and which ends often in total madness, an instance of which I know by dreadful experience in my near- est and dearest connexion, my wife. But, Sir, let them be what kind they will they have always been occasioned by his overheating himself, either by the use of ardent spirits, too much exercise, or something Ruffling his temper. I hope, Sir, that the nature of this subject will sufficiently CALENDAR OF STATE PAPERS. 493 : 1792. apologize for my troubling you with so long a letter, especially when I consider myself in duty bound to do everything to relieve the unfortuate April 14th & distressed. I am, Sir, with the greatest Esteem, Your most ob't & Hum. Serv't. APPLICATION FOR THE PARDON OF A NEGRO SLave. Halifax county c'r't: At a Court of Oyer & Terminer held at Halifax Court House on Monday, the 16th day of April, 1792, for the tryal of Bartlett, a negro man-slave, the property of James Bruce, committed to the Jail of said county on warrant under the band of William Owen, and charged with feloniously breaking and entering the house of Dolly Haskins & stealing from there sundry articles to the amount of twenty-nine shillings & three pence current money. Present-John Coleman, Michael Roberts, Edmund King, Daniel Will- son, and William Owen, Gents. To his Excellency, the Governor of Virginia: Your petitioners humbly shew that Bartlett, a man-slave, the Halifax Co. property of James Bruce, about twenty years of age, was condemned to be hanged by the court of our county aforesaid, on Monday, the 16th instant, for feloniously stealing the value of one pound, nine shillings. and 3d, and when, as it is conceived by your petitioners, that the said Negro man ought to be recommended to mercy on account of this having been the first time of his being arraigned, as well as on account of his youth and penitential appearance; all which circumstances induce your petitioners to hope for a reformation in the said fellow, and to beg a reprieve from your Excellency. And as in duty bound, shall ever pray, &c., &c., &c. Michael Roberts, Daniel Wilson, John Boyd, Benjamin Edwards, Will. Thompson, John Roberts, H. Dejarnette, John Coleman, Isaac Coles, Geo. Carrington, Edm'd King, James Bruce, John B. Scott, David Clarke, Bedford Davenport, William Davenport. The prisoner being led to the Bar in custody of William Terry, Gent., sheriff of the county aforesaid, to whose care & custody for the charge aforesaid he was committed, and being arraigned of the premises, plead not guilty. Whereupon, Divers witnesses being produced, sworn, and examined as well on behalf of the Commonwealth as the prisoner at the bar, and the said prisoner being fully heard in his own defence, on mature consideration whereof the court are of opinion that the said prisoner is guilty of the charge wherewith he stands accused, and that April 16th 494 CALENDAR OF STATE PAPERS. 1792. April 16th April 16th he ought to suffer death for the same; therefore, he is remanded back to Jail-there to remain untill Friday, the 10th day of May next. And it is commanded the sheriff that on the day aforesaid he cause the said Bartlett to be taken from the common Jail to the Gallows or place of execution, and between the hours of 12 in the forenoon and 2 o'cl'k in the afternoon of the same day, he cause the said Bartlett to be hung by the neck until he be Dead, Dead, Dead, & the court doth value the said slave to seventy-three pounds current money. A copy-Teste: JOHN COLEMAN. WILL. THOMPSON, D. C. WILLIAM WALTON TO THE GOVERNOR AND COUNCIL. His Excellency, H. Lee, and the IIonorable the members of the Privy Councill: The Petition of William Walton humbly sheweth, that he was sub- penad as a witness to the Court holden at New London in April, 1791; Thomas Arthur, Def't ads. of Thomas Brunty; that prior to the day of trial the Def't discharged your petitioner from his attendance-he ac- cordingly failed to attend, and as he supposes the reason of his non- attendance was not known to the honorable Court, they proceeded to fine him, unless he shewed cause to the Contrary in September, 1791; that shortly after he was subpenad, & prior to the September court, he removed to the State of Georgia, and the Judgement of the Court became absolute before he made his application, which was in April, 1792, the first Court after he knew a process had issued, & then he was informed his only relief was from your honorable body. He prays, therefore, that your Honors will remit his fine, as he is innocent of the Contempt upon which it was imposed. And he as in duty bound will pray, &c. WILLIAM WALTON. April 16th, 1792. This day William Walton made Oath before me, one of the Common- wealth's Justices of the Peace for the county of Campbell, that the facts stated in the above petition, are true. THOMAS HUMPHREY, S. April 16th, 1792. This day Ambrose Rains also made oath before me, Justice aforesaid, that he heard Thomas Arthur discharge William Walton from attending as a witness in the above suit. THOMAS HUMPHREY. CALENDAR OF STATÉ PAPERS. 495 Sir, JOHN BRECKENRIDGE TO THE GOVERnor. Your Excellency's request leaves me scarcely at liberty to refuse my assistance in the prosecution, and altho' the Dist't Court at Staunton & Prince Edward meet on the same day, (the last of which I practice in,) yet your Excell'y may be assured that I will pay every attention to the Business, & endeavor that the Comm'th shall be retributed for the injury sustained by these Delinquents. Mr. Stuart & myself have had communications on the subject. Your letter of the 7th ulto., I received yesterday, & must beg par- April 17th don of your Excellency for not answering sooner your letter dated in Albemarle February last, requiring my union with the State's Atto. for the district of Staunton, in the prosecution directed against certain collectors of the Revenue in the county of Augusta. I have the honor to be, Your Excel'y's mo. ob. & very H'ble Serv't. GERARD ALEXANDER'S CERTIFICATE AS TO JOHN CRANE, JR. I, Gerard Alexander, foreman of the Jury on the trial of John Crane the younger, for the death of Abr'm Vanhorne, do hereby certify that myself & three more of the Jurors were of opinion that the said John Crane was guilty of manslaugher, and not of wilful murder. Given under my hand this 19th Day of April, 1792. Teste: J. PEYTON, C. W. D. C. J. PENDLETON, AUDITOR, TO THe Governor. Will yo' be pleased, Sir, to direct the information to be given me, of whom the treasurer is to receive the money. 1792. I have the honor to be, with great respect, Y'r Ex'y's most ob't serv't. April 19th Sir, office I have analyzed the accounts respecting the frontier defence for 91. Auditor's I find the transmission to be 290 D's short of the State's demand, and that this deficiency arises from the disallowance of half a month's pay, &c. to Gen. Scott, and a reduction of the rates of pay allowed by the State to the Militia. The former seems to be Justified by the rolls, as none of them passed the 15th May, 1791, and the Brigadier's charges pay to the 31st, and I suppose the pay-rolls were reduced by a legal official Standard. April 19th 496 CALENDAR OF STATE PAPERS. 1792. April 20th MOSES HUNTER AND PHIL. PENDLETON CERTIFY AS TO DOCTOR ROBERT HENRY. Martinsburg, Berkeley Co., 20th April, 1792. The within Doctor Robert Henry has been a Practising Physician in this county for upwards of seven years; during all which time he has been esteemed a man of integrity and truth, and of considerable ability in his profession. He has frequently attended my family as Physı- cian, and acquitted himself with considerable approbation. He has also attended many as respectable families as any in this county. Given under my hand the date above said. MOSES HUNTER. Doct. Henry has attended my family for several years as a physician, & he has always been esteemed a man of character & eminent in his profession. Berkeley Co., April 14th, 1792. PHIL. PENDLETON. April 20th, 1792. Robert Henry's certificate as to John Crane, Jr., as follows: I do hereby certify that on the 20th day of November, 1788, I was called to attend Mr. John Crane, Jun'r, son of Mr. James Crane of this County, as a Physician, when I found him labouring under a violent Nervous complaint, attended with great agitation of the whole frame, a considerable degree of Phrensy, and perfectly insensible of his situa- tion. On enquiry, I was informed that he had been in this situation two or three days, but was not informed of his having a fit, the family wishing to keep it a secret, as I was afterwards informed by a particular friend of his, and I do further certify that I attended him afterwards in the same complaint on the 26th of August & 25th of October, in the year 1789; that he always had the same symptoms of phrensy, with this difference that it bordered more on madness & continued longer and more alarming, that it was preceded by a Fit, as the family informed me, and several days elapsed before he came perfectly to his senses, and that I have been informed he has had frequent returns of them since, which were still more alarming than those I attended him in. Given under my hand this 14th day of April, 1792. ROBERT HENRY. CALENDAR OF STATE PAPERS. 497 EDWARD TIFFIN'S CERTIFICATE AS TO JOHN CRANE, JR. This is to certify that I, Edward Tiffin, a practising Physician in April 20th Berkeley Co'ty, was called upon on the 24th day of June, 1786, at night, to visit a Mr. John Crane, Jun'r, who had that day been seized with Fits, of what kind I cannot say, as the violence of them was over before I got to him. But I found him perfectly insensible of his situation, and his whole frame in violent agitations. His situation in a great measure resembled a mania while it lasted. 1 On November the 12th, 1798, I again attended him in a return of the same comp't, which was more violent than the others-from what cause they orriginated I cannot say; but they have returned at times ever since, & every time I have had opportunity of knowing anything of them, have deprived him of the use of his reason. Witness my hand this 3rd day of April, 1792. EDWARD TIFFIN. Doct'r Edward Tiffin who signs the within, is considered a good man and practices with reputation. Berkeley Co., 20th April, 1792. · R. RUTHERFORD. EDW'D J. POWER'S CERTIFICATE AS TO JOHN CRANE, JR. I do hereby certify that Mr. John Crane, the younger, whom stands. charged with the Death of Abraham Vanhorn, has been seized with violent fits, which I am not able to determine; they appeared to be a kind of madness, at which time was under the necessity of calling on my next door neighbours to assist me in keeping him confined, to pre- vent him from doing injury to himself, untill such time from his hard struggles so weakened him, and his nerves so affected, that he would be very black in the face, followed with a choking that I expected every moment too be his last, tho' still recovered but three or four days before he would come to his natural reason; & when that was obtained he has often mentioned that he did not remember anything of his being dis- ordered, but felt himself very sore, weak, & light-headed. Given under my hand as keeper of the Public Jail in Winchester, this 20th Day of April, 1792. Sworn to before me the 20th April, 1792. 1792. April 20th 63 498 CALENDAR OF STATE PAPERS. 1792. Dr. Sir, April 20th I beg leave to lay before the Hon'ble the Executive, my accounts Auditor's (No. 1 & 2), for the last half year's expence of sending out notices & office Executions against public Delinquents, and I request an order for a war- rant to discharge the balance due to the riders p'r account, No. 2; the expence this Spring has been greater than usual, owing to incessant rains and the badness of the roads in every quarter. 1791. Octo. 1791. Octo. J. PENDLETON, AUDITOR, TO THE GOVERNOR. I have the honor to be, with great respect, Y'r Ex'y's most ob't serv't. No. 17 The Commonwealth of Virginia, In ac. with John Pendleton, To Stephen Crouch, carrying notices, To Wm. Gardner, carrying notices, To John Gardner, carrying notices, To John A. Richardson, carrying notices, To John Clark, carrying notices, To Reuben Gardner, carrying notices, To office Expenses p'r account, - To Balance of acc't rendered 27th Sept'r, To Balance due the Commonwealth, By Balance due the Commonwealth, Aud's office 18th Ap'l, 1792. 1 By Cash p'r the Treasurer, By Cash received of Sheriffs for notice, &c., By Cash received of Inspectors for notices, By Cash received for notice on specie duty bound, By Cash received for notice on cert. duty Bonds, 1 Cr.: 7, 10 19, 10 16, 10 15, 0 12, 6 17, 5 2, 0 90, 1 0 6 29, 0 0 0 .0 0 0 0 0 119, 9 6 10, 0 1 £129, 178, 7d. 70, 0 0 47, 3 4 6 3 GYP 10 9 2, 1 9 £129, 178, 7d. £10, 0s, 1d. J. PENDLETON. CALENDAR OF STATE PAPERS. 499 1792. Henrico sc.: Personally appeared before me Sam'l Sheperd, & made oath that April 20th the above is a Just & true account. Richmond, 18th April, '92. Dr. 1792. March The Commonwealth of Virginia, No. 2. In account with J. Pendleton, To Reuben Gardner, carrying notice, &c., To John Gardner, carrying notices, &c., To William Timberlake, carrying notices, To Stephen Crouch, carrying notice, &c., To Wm. Gardner, carrying notice, &c., To John A. Richardson, carrying notice, &c., To Balance due J. Pendleton, - By Cash p'd the Treasurer, By Cash received of sheriffs for notice, By Cash received for notice on duty Bonds, By Bal. of account p'r State No. 1, W. FOUSHEE. By Balance due J. Pendleton, - Aud'r's office, 18th Ap., 1792. Richmond, 18th April, '92. • Cr.: £18, Os, Od. 10, 10 0 14, 5 0 23, 5 0 15, 15 0 10, 15 0 100, 10 0 £44, 18s, 10d. 30, 0 0 0 14, 2 2 1, 0 11 15, 3 1 10, 0 1 55, 11 2 44, 18 10 100, 10s, Od. J. PENDLETON, Aud'r. Henrico sc.: Personally appeared before me Sam'l Shepard, and made oath that the above is a Just & true account. W. FOUSHEE. 500 CALENDAR OF STATE PAPERS. 1792. April 22d Hon'bl. Sir, April 21st I am informed that an appointment for a successor to Mr. Chesterfield Elias Langham, at the Point of Fork, is to take place soon by the hon- orable executive. I am a candidate for that appointment, being sure that I could officiate in the business as well as any man in the world, as I am conscious I possess my former principles & integrity which con- ducted me in public life so as to obtain the approbation of a number of great and good Patriots, I have ventured to trouble your excellency once more, (for which my singular situation in life will apologize to a benevolent & Patriotic breast). I should have done myself the pleas- ure to have waited on each of the Hon'bl. Gentlemen personally, & have produced satisfactory credentials, but am engaged just now in a kind of business I cannot leave, but if I am so lucky as to hear when this is done, I mean to attend. Meantime I shall humbly hope for your appro- bation to this attempt. Knoxville THOS. UPSHAW TO THE Governor. I have the honor to be, Your Excellency's most obedient H'ble Servant, &c. P. S.-I think the above employment would suit me extremely well, & I am certain it might be done for less, consistent too with the dignity of the matter. WM. BLOUNT TO H. KNOX, SECRETARY OF War. Sir, Mr. Shaw with the Bloody fellow and the other Cherokees who left Philadelphia with him, are within ten miles of this place and will be here in the morning; all well, and have been treated generally with Kindness and civility, and in some places with much attention. They have however been several times alarmed from hearing the observations and threats of fooling unthinking people, who in all probability had no serious intention of carrying their threats into execution. Eight days past, arrived here three Chicasaws on their way to the President, namely, a fellow called Confidant, of the Mountain Leader. One Thompson, a half breed, the interpreter, and a young fellow accom- panied by a son of General Robertson. I have endeavored to convince them that I am sure their nation will shortly receive valuable presents from the United States, and they had best return. They answer that they ordered to proceed to the President by the Mountain Leader, with a letter, and that they must obey. That is the fourth attempt they · CALENDAR OF STATE PAPERS. 501 have made, and ask why may they not proceed and see the President as well as the Creeks & Cherokees. I believe they will come on, unless I absolutely forbid it, and this I cannot venture to do, unless I knew to a certainty that my plan for a Treaty had been approved. On the 5th instant, the wife and three children of Harper Ratcliff, who lived in Hawkins County near the Virginia line, in Stanley valley, were killed by Indians unknown, but supposed to be by the Bench by birth a Cherokee, but for years past attached to the Northern Indians. I have ordered three companies of the militia into service for three months, two for the protection of the frontiers of Cumberland, and the other for those of Hawkins County. On the 5th instant also, an Indian passing peaccably among the Settlers on French Broad was fired upon by two people. One ball passed through his side and gave him a slight wound. It is supposed to have been done by two sons of James Hub- bard, minors, who live with him. This Hubbard is the same who went to the Muscle Shoal with the Tennesee Company. I shall make it my business, if possible, to find out and bring to punishment the persons guilty of this base act. I have written to the wounded Indian and assured him I will make him presents equal to his sufferings, which I hope will prevent any retaliation that would probably have fallen on an innocent person. John Watts in his visit to the lower towns, spoke very boldly and Warmly against their recent hostilities, and urged them to desist and observe the treaty they had made. It had the effect to induce them to go off to the Shawanese and others who had been hostilely disposed, to declare their determination for peace. I have the honor to be with great respect, Your obedient humble Servant. ALEX. CAMPBELL TO THE GOVERNor. Sir, I beg leave to unite with the Essex venire and a number of respect- able people here, in their petition to your Excellency for the remission of the punishment, to which the law bas assigned to the offence of w'ch two unfortunate youths in the jail of this place, have been found guilty at the present term. The interest which I take in the fate of these miserable boys, whose offence was hardly worthy of the censure of an Individual, much less of the law, will plead in excuse of the freedom which I use, and I beg leave to assure your Excellency that tho' I was not present at the Trial, yet every account which I have received from those who were, warrants me to say that the infliction of the punish- ment to which they must submit, if your interposition shall not save 1792. April 22d April 22d King & Queen 502 CALENDAR OF STATE PAPERS. 1792. them from it, will be as disgraceful to the public as it will be injurious April 22d to them, and distressing to their friends. Their offence bears the aspect of a boyish trick, rather than of intended crime. With most perfect Respect, I am, Sir, Your very Obed. Serv't. Memday Brown, Humphrey Sale, Thomas Roane, Rich. Noel, Thos. Hill, Benj. Fisher, Wm. Webb, Wm. B. Sale, Wm. Fisher, Leo. Smither, Stephen Johnson, Phil. B. Johnson, John S. Sale, Jr., Lewis Sale, Philip Sale, James Sale, Robert Sale, James Munday, Isaac Lumpkin, Christ Harwood, John Shackelford, Jr., Ro. Pollard, P. Roane, Thomas Roane, A. Bohannan, Ja. B. Hubard, Crittenden Lane, Francis Gouldman Richard Gouldman, Anderson Roe: > I believe the boys were imprudent in keeping bad company, but really think they are proper objects of mercy. WM. GIBSON. The above are petitioners to the Governor for the remission of the punishment directed to be inflicted upon Alexander and Isaac Hawes; the following is the Petition: To His Excellency, Henry Lee, Esquire, and the Honorable Council of the State of Virginia-the Petition of sundry persons Humbly shew- eth: We, the subscribers, our names hereunder written, was by virtue of a writ of venire facias recommended to attend the District Court of King & Queen on the 16th day of April, 1792, for the trial of Alexander Hawes & Isaac Hawes, two youths, (the first mentioned about seventeen, the other about fifteen years old), who was impeached of taking a Lamb out of the inclosure of Mrs. Mary Noel-the property of Thomas Noel, the prosecutor. This matter came on to be heard on the 16th day of April, 1792, before the said court & Jury. It appeared from circumstantial & corobo- rative proof by several witnesses (to the Jury) that they were guilty of the fact, but not a positive proof of their taking the Lamb. We, your Petitioners, in tender consideration of the said youths, do most ardently implore your lenity for remittance of punishment that the Law directs to be inflicted on such offenders-hoping that they have seen their error, and is open to conviction for the offence; and we, your Humble Petitioners, begs leave to suggest from their imprisonment they have gone through together with the manifold aspersions that have and will be cast at them, will be a sufficient punishment for the crime. And further, beg leave to suggest should this Punishment be inflicted on these poor youths, Perhaps they might give themselves up to all 4 CALENDAR OF STATE PAPERS. 503 come. kind of Debauchery-Conceiving themselves to be dead in the eyes of the World, banished from the human species, and lost in the world to And this crime perhaps might have been done more tho' a frolick of youth, mixt together with ignorance, than an intentional wrong. Therefore we your Humble Petitioners from the above state of the un- happy affair, do most H'bly pray, &c., &c. J. PENDLETON, AUDITOR, TO THE GOVERNOR. The Sheriff of Louisa has paid the Principal, Interest, & costs of a Judgement for the Taxes of 1789. The following is the Judgement against the sheriff of Louisa: Virginia, to-wit: At a general Court held at the Capital in the City of Richmond, the 18th day of June, 1792, on the motion of the Auditor of public accounts on behalf of the Commonwealth against William Phillips, Sheriff of Louisa County. This day came as well the Attorney-General as the Def't by his attor- ney, and the Court having maturely considered the said motion, and now proceeding to render Judgement thereon. It is considered that the Def't forfeit and pay to the Commonwealth seventy-four pounds, twelve shillings, and six pence for failing to return according to law, an execu- tion sued out of this Court on behalf of the Commonwealth, against James Merriweather, also that the Commonwealth recover against the Def't. six shillings and two pence for the charge of the notice and the costs of this motion. Costs 115 lbs. of tob'o at 14d per lb., & 50s, or 500 lbs. tob. A copy-Teste: J. BROWN, C. G. C. JOHN SMITH TO THE GOVERNOR. 1792. April 22d April 23d Auditor's office April 23d Sir, Mr. James Crain, the Father of an unfortunate young man of that Frederick name, now under sentence of Death in the Jail of Winchester, has solici- County ted my signature to a paper which prays a pardon for his son. As the tenor of this petition imports an intimacy with the younger Mr. Crain, & as I am a stranger even to his person, so I could not attempt to vouch for the truth of assertions to which I was a total stranger. But if the favourable representations of others should in any manner engage the 504 CALENDAR OF STATE PAPERS. 1792. April 23d April 23d King Wil- liam County attention of the Executive, to the prayers of a mild & benevolent Father & those of a mother whose goodness is exceeded by few of her sex; per- mit me to add those of, Sir, April 23d CERTIFICATE OF BENJAMIN STROTHER AND THOMAS GRIGGS, AS TO JOHN CRANE, JR. Your m'st obed. & Hum. Serv't. We, Benjamin Strother and Thomas Griggs, two of the Jurors on the trial of John Crane, the younger, for the death of Abraham Vanhorn, were of opinion that the said John Crane was not guilty of willful murder-only manslaugher. Given under our hands this 23rd Day of April, 1792. Sworn to before me this day. Teste: WILLIAM LITTLE. ORDER OF KING WILLIAM COUNTY COURT. At a Court held for King Wm. County the 23rd day of April, 1792: Thomas Robinson, Gent., came into court and made oath that he could not procure security according to Law for the Sheriffey of this county, which is ordered to be certified. JNO. QUARLES, D. C. At a Court held for King Wm. County the 23rd day of April, 1792:- A Bond from John Hill, Gent., Sheriff of this County, William Hill, & Joseph Gwathmey to Jaquelin Ambler, Esq., Treasurer of Virginia, was acknowledged by the parties and ordered to be certified. Teste: JOHN QUARLES, D. C. At a Court continued & held for King Wm. County the 24th day of April, 1792: On the motion of Thomas Robinson, Gent'n, and for reasons appear- ing to the Court, time is given him till next Court to give Bond and Security for the office of High Sheriff. Teste: JNO. QUARLES, D. C. CALENDAR OF STATE PAPERS. 505 GEO LOYALL TO THE Governor. Sir, Mr. Pendleton has directed some executions to be returned, which April 23d were put into my hands as Sheriff of Norfolk Borough, against Mr. John Lightfoot and Capt. Wood. I am confident from Mr. Henry B. Lightfoot's assurances, that on the return of Capt. Wood, (who is now on a voyage to Antigua,) the money will be paid. I have the executions with me, and shall act in conformity to your Excellency's directions. Sir, I am, Sir, The following letters were contained in the foregoing: HENRY B. LIGHTFOOT TO MR. GEORGE LOYALL, Norfolk. Antigua, Feb'y 21, 1792. Y'r mo. h'ble Serv't. Sir. I have received two letters from you upon the subject of Mr. John Lightfoot failing to pay off his Bond to Government. I am much obliged by the indulgence which you have always given Capt. Wood upon this occasion, and I will entreat the favor of you, Sir, to make as favourable a settlement as you can with him, and I will on his return to Virginia enable him through Mr. Robertson to pay off the balance, if it does not amount to a very heavy sum, but in that case I shall request some farther indulgence for him for part. I am induced to undertake this merely to serve Capt. Wood, who represents your kindness with much gratitude. I am a great sufferer by Mr. Jno. Lightfoot and have been otherwise very unfortunate in the total failure of crop here. I am with great respect, yours. GEO. LOYALL TO MR. S. SHEPARD, RICHMOND. Norfolk, March 26th, 1792. Your letter by Mr. Gardner is Just delivered. You will see by the inclosed (which was rec'd only a day or two ago), the reason for my not writing you on the subject of the Exe'n sooner. Mr. Gardner coincides 1792. 64 506 CALENDAR OF STATE PAPERS. 1792. April 23d } April 24th April 26th with me in opinion that I had better write you before return of the Exe. and send the letter. I shall attend to your instructions in this business, but there is no chance of getting anything through the channel of old Mr. Lightfoot, of Antigua. I have had a good deal of trouble with this business, and it would be hard for me to lose the comm'n, if any is to be received, and I am satisfied that Mr. Lightfoot, of Antigua, will pay the debt. I shall wait your answer, which I beg may be given to my fr'd, Doctor Currie. I am with respect, Sir, Y'r mo. H'ble Serv't. RICHARD COCKE TO THE GOVERNOR. To His Excellency Henry Lee, Esq., in Council: Your petitioner purchased of a certain Brazil Hoomes, in the year 1784 or 1785, a military certificate in the name of Wm. P. Quarles, amount £20, & drew the Int. on it until the 1st January, 1786; that the next year when he presented the said certificate to the auditor for the same purpose, he refused to return it to him, alledging that a dupli- cate had Issued to John Ball, of Fauquier County, under a law impow- ering him to do so. Your petitioner has ever since laid out of the said certificate & Int., & having for some time been at a loss where to apply for relief, am now advised to take this method of laying the circum- stances before your Honor, praying that ye will take such measures as will procure him the Justice he is entitled to. · 1 WILLIAM JOHNSTON CONVICTED OF FELONY. At a Court continued and held for the District composed of the coun- ties of Frederick, Berkeley, Hampshire, Hardy, and Shanando, at Win- chester, the 26th day of April, 1792: William Johnston, late of the parish of Frederick, in the county of Frederick, labourer, who stands convicted of felony, was again led to the bar in custody of the keeper of the District Goal; and thereupon it being demanded of him if anything for himself he had or knew to say why the court here to Judgement and execution against him of and upon the premises should not proceed, he said he had nothing but what he had before said. Therefore it is considered by the court that he be hanged by the neck until he be dead, and that execution of this Judge- ment be made and done upon the said William Johnston by the Sheriff CALENDAR OF STATE PAPERS. 507 of Frederick County on Friday the Eighth day of June next, between the hours of Ten in the forenoon, and Two in the afternoon of the same day, at the usual place of execution. A copy-Teste: * JOHN PEYTON, C. W. D. INDICTMENT OF JOHN CRANE, JR. At a Court Continued & held for the District composed of the counties of Frederick, Hampshire, Hardy, and Shanando, at Winchester, the 26th day of April, 1792: The Commonwealth against John Crane, the younger, late of the parish of Norborne and County of Berkeley, yeoman, Def't, upon an adjourned case from this Court to the General Court. A Copy of the Judgement of the General Court was produced to the Court in these words, to-wit: Virginia, to-wit: At a General Court held in Richmond, November 21st, 1791. The Commonwealth against John Crane, the younger, late of the parish of Norborne and County of Berkeley, yeoman, Def't, upon an adjourned case from the District Court held at Winchester: This day came as well, the Attorney-General as the Council for the said Crane, and thereupon the question of Law arising upon the special verdict in the transcript of the record of the said case mentioned, to- wit: whether the said Crane be guilty of murder or manslaughter being argued, it is the opinion of the Court that the said Crane is guilty of murder, which is ordered to be certified to the said District Court. A Copy-Teste: J. BROWN, C. G. C. Whereupon the said John Crane was again led to the bar in custody of the keeper of the District Gaol, and thereupon it being demanded of him if any thing for himself he had or knew to say why the Court here to Judgement and execution against him of and upon the premises should not proceed, he said he had nothing but what he had before said. Therefore it is considered by the Court that he be hanged by the neck until he be dead, and that execution of this Judgement be made and done upon him the said John Crane by the Sheriff of Frederick County on Friday, the Eighth day of June next, between the hours of Ten in the forenoon and Two in the afternoon of the same day, at the usual place of Execution. A Copy-Teste: JOHN PEYTON, C. W. C. 1792. April 26th April 26th 508 CALENDAR OF STATE PAPERS. 1792. April 27th Honorable Gentlemen, April 26th By the Election of Major Langham as a delegate for the County Goochland of Fluvanna, I apprehend his command at the Arsenal in that County will cease of course; and having spent several years of the prime of life in service of my Country, still feel a partiality for that line of busi- ness, and should your Excellency and honors be pleased to appoint me as his successor, it should be my chief study to merit your approbation. I am, Honorable Gentlemen, Your most obed't Serv't. Georgetown DAVID MULLINS TO THE GOVERNOR AND COUNCIL. We, the subscribers, being residents of the same County with Capt. David Mullins, do believe him a man of character and respectable as a Citizon. Tho. M. Randolph, J. Bolling, Jr., Wm. R. Fleming, Jno. Curd, Edmund Curd, S. Pryor, Gideon John Gray, J. M. Pleasants, Arcb'd Perkins, Heath J. Miller, Stephen Ellis, John Guerrants, Archer Pledge, Wm. Sampson, J. Hopkins, Sam'l Richardson. Capt. David Mullins and myself performed a Tour of duty at the reduction of little York, and from his extraordinary exertions and bravery on that occasion received a Brevet Commission as Lieut. in the Goochland Militia. Tho. T. Bates, Otho. M. Fleming, Isham Randolph, Geo. Richardson, Howell Lewis. WILLIAM DEAKINS, JR., TO THE GOVERNOR. Sir, Spirited operations are now commencing in the City of Washing- ton, & the Commissioners will now require every shilling they can at present demand from the Donation of your state. Maryland has long since paid up her first Dividend; the next will grow due the first of next January, but her Treasurer has promised to pay a Considerable part next month. In the meantime the balance now due from your state will be very acceptable, & I am sure, Sir, nothing on your part will be wanting to forward this payment through the hands of Mr. Hopkins, as ; CALENDAR OF STATE PAPERS. 509 1792. soon as may be convenient. I have requested Mr. Hopkins to wait on you, to know when he may expect the balance that I may communicate April 27th to the Commissioners the state of their Funds. I am with Great Respect, Sir, Your Ob't Serv't. CAPTAIN A. LEWIS TO THE GOVERNor. * April 27th Sir, My situation in this county has become truly disagreeable, which Russell Co. obliges me to send to your Excellency and the Honorable the Privy Rye Cove Council for farther directions, the men allowed for this place or County is by no means sufficient to guard it, as the Inhabitants wish every per- son, either for his own Interest or some other persons, wish to have men at every House, and there is not a House in it that is not a Frontier, and by no means less than One hundred and fifty miles in length. I have endeavored as much as in my power to give satisfaction, but find it in vain-nothing but express after express, as well as murmurs is to be seen or heard, because every man has not men at bis own House to guard him; conscious of having done my Duty, I disregard their threats. Knowing the manner the county is situated, & how much impossible it is to give general satisfaction, & believe the greatest reason is that the men are not, as well as the officers, under their command. Which, no doubt, will cause complaints to be laid before the Executive, & that without cause, after giving your Excellency a true state of the disposi- tion of my men, you will perhaps approve of it; if otherwise your direc- tions will be perfectly agreeable to me. On my first arrival in this coun- try, I found the people every where crying out Danger. After choosing out twenty-five men, I distributed the Ballance amongst them so as to be the most safety to the women and children untill the men could get in there crops. With the twenty-five chosen out, I by & with the advice of the best woodsmen in this country am stationed in the Rye cove, about the centre of the Frontier, & thought to be a place of the most danger and situated in every manner for men to take the advantage of the Enemy, either in coming in any part of the settlement, or going out. or going to the relief of either end of the county, if attacked. I found it out of the power of two scouts to act for so extensive a Frontier, and employed two in addition to those allowed to be discharged or contin- ued, as you may direct. 3 I have agreeable to your Excellency's directions made use of acci- dental conveyances, but having rec'd no answer, suppose them to have miscarried, and have thought proper to send by Express. On the twenty- fifth of last month, a small station on Sandy was attacked by about 510 CALENDAR OF STATE PAPERS. 1792. thirty Indians, three men killed and one made Prisoner, & took what April 27th Horses they had and killed all there cattle. About two weeks after the Enemy were gone, I was applied to for to go to their relief, but on enquiry I found the distance to be about a hundred and fifty miles. My scouts were then out, and had no person to pilot us. Altho' they were in Mason County, Kentucky, I would have went and brought in the Families if we had have had Horses. Knowing that the Enemy could not be overtaken, some of the Militia that had Horses went to move them in. About three weeks agoe a woman and two children were killed within seventeen miles of this place in Governor Blunt's Territory, and I believe killed by his own Indians that call themselves Friendly. There has been no mischief yet in this County, only some Horses supposed to stolen by the Enemy out of Powell's Valley. If this summer proves a troublesome one as is generally thought it will, this County by no means can be guarded safely without more men. I think was an ensign's command added to this County from another, or direction that that command should be raised, I will have it done imme- diately, but hope your Excellency will give me directions whether those. men are to be kept in one or three bodies, or whether to be scattered in ones and twos at a House, and then not serve one half of those murmur- ing people. If the lattor, there is certainly no occasion for an officer; if the enemy was to come in, I could as well go to any County and call upon the Militia as to call upon my own. And another objection is the regard I have for my soldiers, which I beleive be equal to any in the State to there number for an Indian Battle, and would hurt me much if the Enemy came in, to see them killed without being able to make any defence, which would be the case if scattered, as the people here wish. If my opinion is right, would be to have them in three different stations on the Frontier, and to range from station to station once or twice a week, or as the distance would permit, as the whole cannot be supplied with men. None would have reason to complain. Mr. Kent has as yet supplied us well with provisions, but by the scarcity and highness of grain and meat and the distance he has to pack it on horses, am certain he is much loser. April 28th I am with respect, Your Excellency's mo. ob't Serv't. PETITION OF CITIZENS FOR THE PARDON OF JOHN CRANE, JR. To his Excellency the Governor of Virginia, and the Honorable the Council of state: The Petition and Statements of sundry inhabitants of the counties of Frederick and Berkeley. Your Petitioners beg leave to express their CALENDAR OF STATE PAPERS. 511 1792. concern at the situation of John Crane, Jun'r, who is now confined in the Jail of the District Court holden at Winchester, & under sentence of April 28th death, & has already suffered much îndeed from a long and painful con- finement in a wretched and loathsome prison. Your Petitioners beg leave to state that the said John Crane had heretofore conducted himself in such a manner as to gain the confidence and esteem of those who knew him, and the love and affection of those who were more closely connected with him by habits of intimacy and friendship. That his bodily infirmities had for some time excited the compassion and concern of those to whom they were known; that he had been for some time before this unhappy event, afflicted with periodi- cal fits, which exceedingly disordered his mind and drove him to extrav- agances to which in his lucid intervals he was a stranger.. With regard to the melancholy accident for which he is now in confinement, your Petitioners beg leave to state these peculiar circumstances; that the Jury by whom he was tried, wore unable to agree upon their verdict for two whole days, and the greater part of as many nights, making the whole near forty hours; that during all this time they were confined without refreshment of any kind, and were by necessity driven to find the imperfect special verdict. upon which the Judgement of the court. has been since given; that four or five of that very Jury have ever since their verdict, declared, and still declare that the unfortunate prisoner had not in their opinion been guilty of murder; that upon the adjournment of this special verdict to the General Court for dificulty, your Petitioners are informed the court were divided, and even there two of the Judges thought that Judgement out not to be against the Prisoner. In a case of such difficulty and so peculiarly circumstanced, your Petitioners are induced to hope that the merciful interposition of your Excellency and Honor will again restore the unfortunate prisoner to the society of his family and friends in general. Your Petitioners beg leave to add that the situation of this unhappy man is in itself truly pitiable, but that their consideration and concern are greatly hightened by the distresses of his affectionate wife, and his aged and much respected Parents. Robert Wood, J's Swearingen, Dan'l Morgan, Ben. Rutherford, Sam'l G. Read, Griffin Taylor, R. Rutherford, T. Gam'n Dowdall, W. Henshaw, John Morrow, A Phil. Pendleton, Moses Hunter, J. Kean, George, Wm. Johnyston, Abraham Morgan, R. McKnight, Albert Ragan, Wm. Skinner, A. Nichols, 512 CALENDAR OF STATE PAPERS. 1792. April 28th * James McDonald, William Askew, John Drinker, Edward McGuire, Jno. Conrad, Hamilton Cooper, Geo. Bell, John Bell, Edward Cary, Johnathan Smith, Thos. Throckmorton, Edward Chapman, Jas. Graham, B. Beeler, James Stephenson, (Capt. of a Rifle Camp of Light Troops), Benjamin Berry, Jun'r, Augus McDonald, R. Daugherty, J. B. Gillis, Chas. Washington, John Bryan, Rich'rd Barnhouse, Rich'rd Montgame, John Dimmitt, Fred. Wm. Rice, James Reiley, Bryon Stonam, John Colbett, William Sadler, John Tate, Francis McCarmick, John Campbell, Sam❜l Sadler, Andrew McCarmick, Alexander Russell, Patrick Laggert, James Simvall, Rich. Willis, Giles Cooke, Jr., Wm. Slaughter, Alex. Buchanan, Jacob, D. W. Olgamott, Dennis Duffield, Robert Douglas, Nehemiah Gowson, Jno. Catlett, Griffin Haymen, Jacob Frost, John Sexton, Wm. McCarmick, Andrew Frost, John McCarmick, Province McCarmick, Thomas Stephens, Joseph Gibson, Thomas Mulledy, B. Clyma, } Andrew Laws, Thos. Laws, George Sennally, Jas. Bell, David Dungan, George Tate, William Blue, John Smith, Thos. McCormick, Dr. Chas. Waterhouse, Mandly Taylor, Jr., Rich'rd Blanton, Joseph Brock, Capt. 3rd Reg't U. S. T., James Glenholmes, F. N. Cunningham, L. D. Peddicoard, D. cl'k, Thos. Whitaker, Wm. Allen, Thos. Lee, Thos. Swearingen, Garland Moore, Martin Gaunt, CALENDAR OF STATE PAPERS. 513 John Lathells, Thos. Campbell, (one of the wit- nesses against the Prisoner), Edward McCormick, Go. Cunningham, Wm. Holmes, Meredith Helm, Barnet Williams, Samuel Kercheval, Daniel Miller, James Ash, John Brady, Cornelius, Samuel Finney, N. Chinn, Thos. Edmondson, Sam'l Edmondson, Henry Bartlett, Thos. Rutherford, George Rieley, Ap'l 20th, 1792. Uriah Blue, Wm. Talkert, Jas. Kinney, Peter Martin, William Cherry, William Little, John Hayme, William Graham, James Gill, Edward Chinn Christian, Wm. Bond, John Cook, Giles Cooke, Rich'rd Baylor, Geo. Smallwood, Berkeley County: I certify that I have been acquainted with John Crane, Jun'r, the prisoner in question, from his youth; since which time, & especially after his manhood, I have known him to be a kind friend and a Hospitable neighbour. I have also known him to be excessively derang'd by passion, & which I have frequently heard he could not govern on account of fits or some nervous affections. CATO MOORE. WM. DAVIES TO THE GOVERNOR OF VIRGINIA. Sir, The return from Col. Harvie's office of the amount of land granted to the Military, which had been formerly in the possession of the Vir- ginia Delegates, cannot be obtained as a voucher. It will therefore be necessary to procure from him an account of it, which your Excel- lency will oblige me by forwarding as early as possible. I find it wholly impracticable to compleat the statement of our account by the first of July, without the additional employ of an indefinite number of clerks till that period, and as the time will not admit of delay, I shall not wait to hear from you from the Conviction that it is your wish as well as my duty to have the business done right. 1792. April 28th April 28th Phila- delphia 65 514 CALENDAR OF STATE PAPERS. 1792. I know not whether there is any thing among the Acts of Assembly Aprii 28th that relates to my business. I shall be glad however, that the Clerk of the Council might be directed to send by some private conveyance a copy of the Acts & Journal of last session. 3 M'rch, 3 4 April 28th List of Warrants (except Interest) issued by the auditor from the 16 February to 20 March, inclusive: 6 Contingent: 16 Feb., '92. Commissioner Davies, 20 20 25 29 1 M'rch, I have the honor to be, Sir, most respectfully, Foreign Creditors: 16 Feb., '92. S. A. Pauley, 13 M'rch, 10 15 20 Arch'd Blair, Jane West, Jacob Wheaton, Dabney Minor, Joseph Liplong, McCall & Cunleff, Your Excellency's very humble Servant. Ditto., Ditto., Personal Acc'ts: 16 Feb., '92. Capt's Lewis & Preston, Joseph Kent, Mons'r Tabauft, De Costa & brothers, J. Pendleton, Rob't Tomlin, Ditto., J. Carter, Jr., - Ditto., Wm. Lamb, John Lamb, Criminal Charges: 21 Feb., '92. David Alexander, David Alexander, 12 M'rch, '92. Littlebury Peason, 14 17 James Randle, Joseph Peirce, - 1 + 1 - 1 I I J J £158, 15s, Od. 25, 0 0 3, 0 0 5, 8 0 4, 11 9 2, 8 0 3, 15 0 19, 17 113, 12 10, 5 0 100, 9 5 0 0 345, 0 0 125, 0 0 600, 0 0 30, 0 0 29, 10 11 7, 19 7 15, 0 0 3, 13 6 1, 1 6 12 6 6 6 3 1, 12 1, 12 18 18 m m 3 8 9 CALENDAR OF STATE PAPERS. 515 20 M'rch '92. Sterling C. Thornton, 2 9 Peter Le Grand & others, Hen. Morriss, Jos. Terry, Offs. of Government: 23 Feb., '92. Rich. Bland, 13 M'rch, 14 17 Judge Fleming, Geo. Nicholas, Isaac Younghusband, Ditto., Exp. of repres❜n: 23 Feb., '92. John Singleton, 28 12 March, Peter Hansborough, James Fox, Gen'l Apc. of Taxes: 1 M'rch, '92. Thomas B. Dawson, Arsenal: 6 Mar., '92. Tunstall Quarles, General Fund: 6 Mar., '92. John Upshaw, 13 Mar., Aggregate: 10 Mar., '92. Walter Hopkins, - Pensioners: 12 Mar., '92. Jos. Scott, 13 ،، (( John Scurry, C Public Warehouse: '92. Wm. McKenzie, Examined by- 141 1 1 I' 11 1 I I Ju t · 1 I ……!! I S 1 J 1, 8 9 16, 7 6 12 6 7 6 4, 10 10 25 0 37 10 15 12 28 0 1 1 1 5 5 7 6 3 48 6 56, 2 10 214, 4 8 72, 0 0 17, 6 8 7, 16 6 J. PENDLETON, Aud'r. Aud'r's Office, March 20, 1792. Compared and found to agree with the vouchers in the auditor's office. J. H. BRIGGS. 1792. April 28th 516 CALENDAR OF STATE PAPERS. 1792. List of Warrants issued by the Anditor from 21 March to 30 April, ex- cept for Interest: Criminal Charges: April 30th 21 M'rch, '92. John Hitchcock, - Jesse Wilkinson, 23 Geo. Owen, Fred❜k Taylor, Jas. & Geo. Thweatt, Mark Farmer & als., Robert Turnbull, John Foster, Wm. Moseley, John Campbell, Rob't Turnbull, Wm. Rose, Zena Tate & als., Jas. McCaughey, Mich. Grantland & als., Sam'l Mosby, Fortunauts Sydnor, Colin Campbell, - Charles Graves & others, Charles Turnbull, 28 4 Ap❜l, 10 5 7 16 17 18 21 24 27 Exp. representation: 21 Mar., '92. John Witherburn, 11 April, Wm. Hubard, 13 Tunstall Quarles, 23 Personal Ac.:· 22 March '92. Jas. Hornsby, Harry Heth, John Barnard, 2 April, ~ Hipkins Pitman, - Edm'd Read & others, James Taylor, Thos. A. Taylor, Hen. Spell, 3 12 17 Harry Heth, John Gray, Jos. Hornsby, 1 } ! f I - £1, 6s, Od. 2, 4 3 1, 13 0 1, 7 8 2, 0 6 8 9 8, 10 6, 14 3 27, 7 0 3 6 8 43, 14 1, 1 1, 6 46, 3 6, 6 5, 2 3, 1 0 6 6 6 3 0 2, 10 15, 14 4 2, 2 0 1, 1 0 1, 2 3 21, 17 5 22, 3 0 15 0 0 1, 4 1, 0 0 1, 6 0 1, 2 6 ON CO 200, 0 0 201, 10 48, 12 2,602, 10 2, 7 200, 0 7 2 6 6 0 1 CALENDAR OF STATE PAPERS. 517 28 Mar., Directors Pub. Builds.: '92. Dabney Minor, Samuel Swann, 4 April, 6 Ap❜l, 14 16 Contingent: 22 March '92. Hesalar & Cook, - 31 Wyatt Coleman, James Kind, 18 19 20 24 27 M'rch, 24 M'rch, 13 Ap'l, Moses Austin & Co., James Carney, Scouts & Rangers: 23 March, 26 31 Augus. Davis, Jas. Liplong, Jas. Clark, Ed. B. Lacy, Wm. Davies, J. Pendleton, Wm. Clough, Jas. Wood, Esq., Officers of Gov't: Geo. Clendinen & oth's, Geo. Ballard, Jere. Gullier, Rowland Thomas, Judge Tyler, Sam❜l Coleman, Councellor Wood, (( Steele, Selden, Dawson, Goode, С. (( .cc '' (C (( - (C Burnley, McClurg, Briggs, Arch'd Blair, The Governour, Judge Pendleton, Judge Lyons, (C (( Mercer, &C Tyler, Carrington, Nelson, } 141 I JI 1 } I│ [/ 1: 3 131, 16 16, 11 2 135, 0 0 21, 4 10 17 6 7, 10 0 3, 4 6 7, 14 10 6, 0 0 3, 0 0 1, 14 0 160, 0 0 44, 18 10 1 6 14 0 206 10 3 0 3 0 2 5 25 0 50 0 62 10 62 10 62 10 62 10 62 10 62 10 62 10 62 10 37 10 200 0 75 0 75 0 75 0 75 0 75 0 0 75, 0 1792. April 30th 518 CALENDAR OF STATE PAPERS. 1792. 31 M'rch '92. Judge Winston, April 30th Parker, (( (( Tucker, 2 Ap❜l, 3 er I w 4 5 6 10 16 16 18 Fleming, (( Prentis, (C Arsenal: (( (( (( Tazewell, Roane, Jones, Chancellor Wythe, James Innes, Esq., Jac. Ambler, Edw'd B. Lacy, Hans. Heitman, John Carter, Sam'l Shepard, Basil Wood, Matt. Pate, Mrs. Curling, P. Clayton, Wm. Berkeley, Wm. Rose, Aug's Davies, Matt. Moody, Judge Nelson, Judge Tucker, Judge Tazewell, Judge Prentis, Wm. Rose, Anth. Robinson, Judge Tazewell, John Pendleton, Colin Campbell, Gen'l Ac. of Revenue: Public Warehouses: 28 M'rch, '92. Wilson Nicholas, - 27 M'rch, '92. Wm. Eley, 28 John Baird, 23 Ap❜l, Jas. B. Dickinson, E. Langham, G - * S · - 11 1 1 1 1 } រ 1 [ 75, 0 75, 0 75, 0 75, 0 75, 0 75, 0 75, 0 75, 0 75, 0 50, 0 0 0 0 0 0 0· 0 0 0 125, 0 0 37, 10 0 37, 10 0 25, 0 0 25, 0 0 25, 0 0 10, 0 0 6, 0 0 37, 10 0 20, 16 8 6, 5 0. 162, 10 0 21, 12 0 25, 0 0 25, 0 0: 25, 0 0 25, 0 0 12, 0 0 0 1, 5 75, 0 0 75, 0 0 10, 0 0 37, 14 0 24, 12 0 18, 0 0 18, 18 0 88, 14 8 2. CALENDAR OF STATE PAPERS. 519 Wolfe's Heads: 24 Ap❜l, '92. Phil. Ozborne, Rips. Ozborne, Do., Do., Aud'r's office, 4 May, 1792. 12 6 18 9 12 6 J. PENDLETON, Aud'r. 1 Aug. 17th, 1792. Compared and found to agree with the vouchers in the office of the Auditor. J. PEYTON TO THE GOVERNOR. | : J. H. BRIGGS. I have the honor to be with the most perfect respect, Sir, Your most obedient Servant. 1792. April 30th 54 Sir, I take the liberty of addressing you on the part of John Crane, Winchester an unfortunate young man now confined in our Goal under sentence of death, whose case you have long ere this been informed of. As his peculiar situation with every minute circumstance attending the un- happy affair will be fully laid before the Executive, there remains little for me to add but to discover my disposition. Should it contribute any thing on his behalf, I shall be happy. At the time of the young man's trial, the passions and prejudices of the people ran very high against him. This disposition has subsided, and mercy seems now on all hands to have taken place thereof. That the Jurors upon his trial were much divided in their opinion with res- pect to the matter of the crime, is inevitable, and I am apprehensive that those in his favor were induced to acquiesce, being two days con- fined on the business under a full persuasion that it would finally be determined to be manslaughter only. Certain I am, that the crime with which he stands convicted is of so horrible a nature that mercy has seldom interposed, yet taking a view of every circumstance in the pres- ent case, I am induced to hope that it will be one of those few instances. This I am conscious would gratify the wishes of many respectable citi- zens of this County, and would not only restore to the community a member once thought to be useful, but to an amiable woman, and ancient and respectable parents, a husband and son. Fully relying that Justice in mercy, which has ever characterized the Executive of Vir- ginia, will be administered on this occasion, April 30th 520 1792. April 30th April 30th May 1st Clarksburg CALENDAR OF STATE PAPERS. EDWARD POWERS' CERTIFICATE. Frederick County, Winchester, Ap'l 30th, 1792. I do hereby certify as keeper of the publick Jail, that John Craine, the younger, now under sentence of Death for the murder of Abraham Vanhorn, has ever since been committed to this Jail, behaved himself as an honest well disposed man, except when he is afflicted with fits, at which time he would loose his reason for some time. Many reports has been propagated to his prejudices sinse the said prisoner has been in my custody which I must say is fales. Given under my hand the day & date above written. EDWARD POWERS. Witness to Edw'd Powers executing the above certificate, JOHN WILSON'S ORPHANS. J. PEYTON. Culpeper County, to-wit: April Court, 1792. It appearing to the Court that a warrant issued the 18th day of Oc- tober, 1787, allowing John Willson and Frances J. Willson, (orphans of John Willson, who was a Lieutanant in the 4th Virginia Regiment, & who was killed in the service of the United States), Twenty pounds p'r ann. Jointly to Commence from the first day of January, 1787, and it also appearing by the testimony of George Eastham, Guardian to the said orphans, that they nor no person for them have ever made applica- tion to this court for their allowance, or received any part thereof; altho’ they were residents of this county, because he the said Eastham was an inhabitant of Fauquier county, and did not know what were the neces- sary proceedings. It also appeared from the same testimony that the said orphans are now of age, and able to procure their own living, but that they heretofore have been in very indigent circumstances. Which is ordered to be certified. Copy-Teste: JOHN JAMESON, Cľ'k C. Court. WILLIAM LOWTHER TO THE GOVERNOR. Sir, I have thought proper to accept of the Commission you were pleased to honor me with, (viz): Captain of the Company of Rangers for the CALENDAR OF STATE PAPERS. 521 counties of Harrison & Randolph, & have accordingly enlisted the full complement of men. But the scarcity & consequently the dearness of provisions, I really fear will oblige me to discharge them. I perceive they cannot be found at any rate for the 8 cents. I have agreeably to your directions, fixed at the mouth of the Little Kanawha 12 men, & there was no alternative but either bringing them back or promise 7½d. per Ration at my own risque-the latter I ventured to do, hoping your Excellency's influence will reimburse me. To dismiss the company would in my opinion expose the country to horrid devastation & rava- ges; for the Savages have not discovered more evident signs of hostile intentions this several years, than they have already this Spring. There- fore, I hope you will take our case into your serious deliberation, & Grant us all the aid the powers vested in you will Justify. I doubt not you will receive letters from all the counties that are exposed to the same purport. I am, Sir, with due respect, Your Excellency's most obedient, humble serv't. PETITION. The Petition of Henry Anderson & Francis Anderson in behalf of their Brother Ralph Crawforth Anderson, Humbly sheweth that the said Ralph Crawforth hath been thro' the course of his life subject to frequent interruptions of his reason, and this in such manner, that per- sons not well acquainted with him or attentive to his conduct could not readily discover the infirmity, so that he hath been considered by many as possessing a greater degree of sound mind than he hath in truth enjoyed, a circumstance which can be most satisfactorily attested by those who are well and intimately acquainted with him, as well as his humanity and peaceable deportment. When free from those distressing visitations, which not happening at stated periods or preceded by any sensible warnings. Neither himself or his friends cou'd attempt or adopt any means of providing against their painful & sad effects. This unhappy man hath been tried & a verdict hath passed against him for the murder of one William Green, towards whom he bore no resentment in times past, nor with whom he had any previous quarrel; nor can your petitioners or any other persons account for the cause of this sad disaster, if it happened by the hands of the said Ralph Crawforth. Anderson, that the infirmity of his mind hath been made evident. Your petitioners trust they can safely appeal to you, Sirs, who sat as his 1792. May 1st May 2d To the Hon'ble Henry Tazewell & William Nelson, Esquires, Judges of Clarksburg the General Court sitting in the District of Richmond: 66 522 CALENDAR OF STATE PAPERS. A * 1792. May 2d → Judges, and by whose sentence he must undergo a painful & ignominious death, unless saved therefrom by the interposition of that mercy, which it is within your power to secure to him; An act which your petitioners hope will be found to consist with your own humanity, and not incon- sistent even with the rigid demands of Justice, and which they have reasons to believe will be grateful to his fellow-citizens for the inter- position your petitioners are humble supplicants to your Honors, And as in duty bound, will ever pray, &c. 1 HENRY ANDERSON. FRANCIS ANDERSON. PETITION. To his Excellency the Governor and the Honorable members of the Council of the Commonwealth of Virginia: The Petition of Henry Anderson & Francis Anderson and of other Citi- zens of this Commonwealth in behalf of Ralph Crawforth Anderson, Humbly sheweth that the said Ralph Crawforth Anderson hath been tried at the present session of the District Court held in the City of Richmond on a charge of having murdered one William Green, and a verdict hath passed against him. Your petitions do not presume to impeach the Justice of a verdict, which hath passed upon the oaths of twelve men, but they humbly beg leave to state a fact, which they con- ceive might have militated in his favor on the trial by the Jury, and have saved him from the severe and dreadful sentence, which may now be pronounced upon him. From the earliest period of his life, the said Ralph Crawforth Anderson hath been subject to frequent interruptions, & at some times a deprivation of his reason, and tho' these distressing visitations have not happened at stated or regular periods, yet their return hath not been the less certain; and in the intervals of uninter- rupted reason which he hath enjoyed, the misery of his condition hath been rather increased than abated by the certainty of a return of a calamity, which proceeding from the will of the Almighty, it hath not been in his power to avert. Of the truth of this assertion, your peti- tioners declare that undoubted testimony can be produced, and they humbly hope that your Excellency & Honors, to whom is given the great & glorious power of shewing mercy to those whom the rigour of the laws may doom to death, will think it not improperly exerted in favor of one whom God hath been pleased to afflict by a depreciation of that blessing, which constitutes, when enjoyed without interruption, the highest felicity of human life. This favor your petitioners Henry Anderson & Francis Anderson, who are brothers to the unfortunate CALENDAR OF STATE PAPERS. 523 Ralph Crawforth Anderson, & your other petitioners who are his fellow. Citizens, sollict for, and are willing to receive under such restrictions, with respect to the unfortunate object of their application, as may effectually provide against any further injury to others from him, & save him from the horrors of an ignominious & painful death, and your petitioners as in duty pound will ever pray, &c. Mathew Robertson, John Morriss, George Scott, John M. Chau, Edward Wilkinson, Richard Borum, John Townes, Sr., Thomas Scott, James Gowns, Jr., Peter Stern, Thomas Daves, Juo. Hill Craddock, Robert Beasley, William Burton, Bartley Hatchett, Arth. J. Webster, John C. Cobbs, Wm. Ponton, Ben. Ward, Richard Covington, Jr., Thos. Purkinson, Thos. Daulby, Thompson Scott, Joseph Vaden, Thos. Brannon, Rich'rd Baugh, Arch'd Walthall, Daniel Man, James Hodges, William Renolet, E. G. Froth, Jacob Roberts, John Foster, Joshua Chaffin, Thomas Burton, Jno. Worsham, Peter Dupuy, Daniel Mays, Henry Anderson, Jessee Cogbill, John Pride, Achilles Forster, John Crowder, Jesse Hillsman, Peter Jones, James Vaughan, William Ford, Richard Foster, James Winfree, Edward Goode, James Moody, Jno. Pride Chesterf'd, his Jacob Brintle, mark Rob't Nunnaly, Daniel Vaden, Peter Franklin, Henry H. Watkins, John Fowler, Sen'r, H'nly Talbott, John Archer, Wm. Fonelue, Frances Goode, James Scott, Seth. Ward, John Markham, A. C. Randolph, Rich'rd Townes, George Evans, 1792. May 2d 524 CALENDAR OF STATE PAPERS. 1792. May 2d John Marshall, John Destrayor, John Pride, Jr., Charles Craddock, Wm. Grunhill, Edw'd Friend, Jr., Thos. Friend, John Hill, Henry Beazley, Henry Booles, Abraham Dunnefont, William Bass, Peter Pride, Peter Bass, J's C. Skelton, Baldwin Pearce, John Coates, Wm. Branch, Eszekiel Jackson, Edw. Scott, Mack Wilkinson, Sam'l Wilkinson, Thos. Dormilly, Allison Clarke, John Jones, James F. Foise, William Fendley, William Bragg, Rich'd Covington, Wm. Elam, Edw'd Branch, Sen'r, Aaron Farguson, James Ealam, Thomas Harris, Rob'rt Haskins, Francis Lockett, John Covington, Thos. Clayton, Lennard Nunnally, Robert Elam, John Bawn, Seth Chalkley, Henry Branch, Thos. Goode, Frances False, Thos. Womack, Mark Noble, Jno. Deaton, William Turner, A. Baugh, Joseph Wilkinson, Joshua Smithery, Charles Burton, Wm. Ware, Benj'n Osborne, Thomas Batte, Thomas Pollard, Thomas Akin, Edw'd Branch, Archar'd Walthall, William Reade, Henry Turpin, John Varnier, John Martin, Steven Gill, Samuel Budd, Zac. Burrell, Thos. Budd, Sen'r, James Farguson, R. Haskins, Jr., Sam'l Farmer, Little Berry Traylor, William Gibbs, John Cogbill, Richard Burton, Thos. Aug'st Taylor, A. Bass, Drury Willson, Henry Archer, John Clayton, John Belcher, Thos. Clayton, Jr., William Blankenship, John Bolling, CALENDAR OF STATE PAPERS. 525 Jery Smith, Philip Cogbill, Benj❜n Smith, Thomas Dove, John Ponton, Edward Hatcher, Peterf'd Edwards, George Cogbill, Abraham Burton, James Baugh. To the Governor and Council of the Commonwealth of Virginia: The Petition of Ralph C. Anderson and others, whose names are hereto subscribed, Humbly Sheweth, That- "Many and sharp the numerous ills Inwoven with our frame! More pointed still we make ourselves Regret, Remorse, and Shame; And man, whose heaven erected Face, The smiles of Love adorn- 'Man's inhumanity to man Makes countless thousands mourn. And who will rejoice in the Death of a Sinner? Not him who giveth you to those who look up to Superior Excellence. Shew pity, Hal, oh, Hal forgive! Let a repenting Sinner live. Are not thy mercies large and free? Oh, spare poor 171 a man like thee! } This is the first instance that a Governor of Virginia was ever addressed in Doggeral verse in behalf of a patibulary mortal. Singu- lar as the circumstance may be, Listen to a relative of Washington: That Ralph Anderson was sentenced to die by the District Court of Richmond, at their last term, upon a charge of murder. After this, the only hope of himself, his family, his friends, and connexions, is in the mercy of the Executive, a power wisely reserved to them in order to moderate the rigid severity of the law. Your Petitioners represent that the unhappy subject of their petition from a variety of eircumstances known to them, was insane, and as they believe incapable of acting from motives of malice for near Eight days before the unhappy accident. They say unhappy accident, because the Heart was not concerned in it, and to constitute murder there must not only be intention, but malicious intention. Your petitioners therefore humbly pray: Wm. J. King, J. Pendleton, 1792. May 2d May 2d 526 CALENDAR OF STATE PAPERS. 1792. May 2d ļ John Tucker, Mary Banks, Wm. Finnie, Wm. Claiborne, Wm. Baker, Eben McNair, Rich'rd Barbour, Jam. Furman, John Thompson, Jos. Mayo, Jr., Benjamin Francis, T. Tybee, Edmund Thomas, J. M. Galt, Fred❜k Argyle, Peter Tinsley, J. K. Read, Sam. J. Johnson, A. C. Randolph, Manuel Judah, Peterfield Trent, Amelica Trent, Sarah Booth, Sarah Boyce, Fras. Claiborne, Mary Yunghusband, Philip MacRae, Christ'r MacRae, Samuel Dixon, Thomas Butler, John D. Blair, (provided he was insane, or if not that, he appear penitent), W. Waddill, Eldridge Harris, Wm. Williams, (provided he was insane), Roscow Leigh, Jno. Greenhow, Sam❜l Greenhow, Jno. Hopkins, (in consequence of favorable circumstances which were mentioned to him from good authority the day after the tryal), Tho. H. Drew, for Mr. Hopkins, Alexander Rose, Edward Trent, John Jameson, (in consequence of what he has heard from those that he can confide in), J. Robinson, Henry Toler, Jr., Peter Lyons, Jr., Lewis Webb, Alice Marshall, Sally Macon, Elizabeth Maison, Mary Gilliatt, Mary Winston, Judith Mitchell, Isabella Foushee, Eliza J. Brent, Mary Peebles, A. Mayo, Eliza Greenhow, Celia Thomas, Lucy Butler, Ann Pickett, Mariah Marshall, Eliza Coston, Judith F. Webb, Alice Lenox, Emelia Harvie, Frances Trent, * CALENDAR OF STATE PAPERS. 527 Zach. Rowland, Ja. Vaughan, Joseph Boyce, Peterfield Trent Minor, Pleasant Younghusband, (pro- vided he was insane or ap- pears penitent), Geddis Winston, Geo. Pickett, Allegre, Lucy Winston, Lucy Ambler, Esther C. Aken, Annie Pope, Mary Webb, Susan Pope, Anne Ambler, E. P. Lyons, L. L. Hopkins, Lucy Campbell, Sarah Hylton, Sally Fitzhugh, Elizabeth Hylton, Lucy Heth, Jane Courtney, Rachel Courtney, Elizabeth Courtney, Rowland Thomas, Anne Duval, Rich'rd Clausel, Hen. T. Clay, John Porter, Sam❜l Crutchfield, William Sharp, James Quarles, Hannah Baylor, Samuel Chilton, M. Harvie, Lucy Hopkins, Lucy Hylton, Lucy Duval, Patsy Winston, Anne Duval, Peggy Winston, Polly Davis, Robert Pollard, Nathaniel Gregory, Mary Ann C. Gregory, Rob. Allen, (for the reasons as- signed by J. H.), Peter Younghusband, Allen Bremond, Clotworthy Stephenson, directed to have his name signed, Edm'd Grady, John Courtney, Ann Wilhemina Waddill, T. B. Clausel, John Tinsley, Jr., Aug. Davis, Mary Seaton, Aug. Seaton, Angus H. Seaton, Charlotte Howard, Eliza T. Burnley, Philadelphia Dunscomb, Sally Goode, Margaret Pickett, Polly Duval, Ann Currie, Rebecca Aitchison, Sally Cocke, Rose Ambler, Mary Blair, Alice G. Burwell, Ann Blair, Joel Pollard, C. Copland, W. Warren, Suky McAtton, 1792. May 2d 528 CALENDAR OF STATE PAPERS. 1792. May 2d May 2d Mary Barret, Anne Barnerd, Sam❜l Bell, C. Lewis, J. Street, Robert H. Rose, James B. Southall, Edm'd Pendleton, (upon a suppo- sition that the fact of Insanity be ascertained, & the commu- nity secured from future dam- age), Wm. Allen, (from circumstances satisfactory that he was Insane), Jane Allen, (for same), George Kingston, (from the in- formation he has received as to his insanity), Wm. Duval, (for the reason above mentioned), George Eastham, F. Walker, Elizi. McCraw, K T. Pope, Sam'l McCraw, (because from every information which I have rec'd, I believe him to be Insane). JUDGES HENRY TAZEWELL AND WILLIAM NELSON TO THE GOVERNor. Richmond, April 13th, 1792. Sir, You will receive enclosed a copy of the Judgement passed at the late District Court held by us in Richmond, against Ralph Crawforth Anderson for murder. The Testimony upon which this Judgement was founded, altho' entirely circumstantial, induced a strong belief that the accused was the author, of the fact for which he was indicted, yet no previous quarrel that we could discover existed between the deceased and the person condemned. They appeared on the contrary, to have lived upon terms of intimacy and friendship, and the motives leading to the commission of the Act is yet unknown to us. The state of the Prisoner's mind was offered to the Court and Jury as an apology for his conduct, and some testimony as to his insanity was examined, but it was not considered as sufficient in the opinion of either. Since the Judge- ment, several papers on that subject have been sent to us. We now take the liberty to enclose them to your Excellency. If they can pro- duce any effect in favour of the unhappy object they concern, it must flow from the Executive. Our power over the subject is at an end, yet perhaps it is proper for us to observe that if the fact for which the accused stands condemned had appeared to have been committed by him when in a state of insanity, it would have prevented his condem- CALENDAR OF STATE PAPERS. nation; and if it should so appear to you now, or hereafter, it will doubtless have the same influence in exciting the interposition of your Excellency & the Council, as it would have had in demanding ours at an earlier period. During the same session of the District Court in Richmond, William Cheetwood, of the County of Powhatan was brought to his tryal for Arson, in burning the public Jail of that County. The Testimony given against him was amply sufficient for his conviction, and the Jury accordingly found a verdict ag't him. But a doubt arising with the Court whether the offence with which he was charged, in the manner it was charged, could affect his life, the subject was adjourned to the General Court for the consideration of all the Judges. This young man is described to be of a fair character, to possess a weak mind, if he is not at some times totally deprived of reason; and to have been governed by no vicious motives in the perpetration of the Act, for which he has been convicted. The venire who sat upon his tryal, immediately after rendering their verdict against him, delivered us the inclosed petition, & if we had possessed the power of pardon, we upon this occasion should have exercised it. We therefore recommend to you this young man as a fit object of mercy. If you & the Council should think there is no impropriety in granting your pardon to Cheetwood before his condemnation, it would release him from a severe imprison- ment, and be productive of no inconvenience in the proceedings of the Court. We have the honor to be, With every sentiment of respect and esteem, Your mo. ob't Serv'ts. Enclosed in the above papers were numerous affidavits as to the insanity of Mr. Anderson, and petitions for his pardon. April 4th, 1792. We of the venire in the case of the Commonwealth against William Cheatwood, having found him guilty of the crime with which he was charged, do nevertheless consider it as our duty from the circumstances of the case, most earnestly to recommend him to mercy. With great respect, we are, Y'r mo. ob. Servants, JOHN POWALL, EDWARD MCGILEY, EDWARD WATKINS, GEO. BEDFORD, 529 1792. May 2d 67 530 CALENDAR OF STATE PAPERS. 1792. May 2d ARTHUR BRANCH, THOS. GOODE, RICH MORTON, JOSIAH SMITH, WALTER DAVIS, FRANCIS LEWIS, JNO. SWANN, SAM'L H. SAUNDERS. To the Honorable Judge Tazewell & Judge Nelson. Amelia, April 23d, 1792. About the year 1772, untill the year 1786, I lived within sight of Ralph Crawford Anderson, & was very frequently with him during that term of time, and do believe that in all my intercourse with him, I never saw him three hours together, but he frequently appeared so defected, that he has told me that he could not attend to what I was speaking to him. I never saw him much disguized with Liquor but once, as I re- member in the above term of time. As witness my hand this day & year above mentioned. DAVID ADAMS. The above affidavit sworn to by Mr. David Adams before me the day & year above mentioned. Taken before me the 30th April, 1792. WM. WALTHALL. Amelia County, to-wit: Richard Booker, of lawful age, this day came before me at my house in the said County, and made oath that about six or seven years ago he was in company with Ralph Crawforth Anderson, when the negroes of Mr. Fras. Anderson were cutting down a tree, and the said Rolph Crawforth Anderson was a setting on a logg and appeared to be continually a counting over his fingers, and when the tree was nearly falling, Mr. Francis Anderson went to the said Ralph Crawforth Ander- son and told him that if he did not get up that the tree would fall on him; and the said Ralph Crawforth Anderson's reply was, that he had rather the tree should fall on him & mash him in peaces, than he should be disturbed, for he had then all his work to do over again. And this affirmant further sayeth that he believes that the said Ralph Crawforth Anderson was not at that time in his right mind, and further sayeth not. RICHARD BOOKER. DAVIS BOOKER. CALENDAR OF STATE PAPERS. 531 The petition of sundry citizens to his Excellency Henry Lee, Governor 1792. & chief Magistrate of the Commonwealth of Virginia: Your petitioners feeling considerable regret at the condemnation of May 2d Ralph C. Anderson, who has been unfortunately convicted of the murder. of William Green, beg leave to state to your Excellency that although we are sensibly impressed with the enormity of the crime for which he is under sentence of death, as well as the necessity of inflicting condign punishment upon all persons who willfully violate the laws of their country, and trample under foot the plainest dictates of nature; yet, from a long and intimate acquaintance with this unfortunate culprit, we are induced to assure your Excellency that we do not believe he has for several years past been of sound mind, and in possession of his natural senses-otherwise we feel a strong conviction that he would never have been arraigned at the bar of Justice under trial for homicide. We have never heretofore had cause to believe but that he was a peaceable well- disposed man in his neghborhood, and a citizen perfectly subservient to the laws of his country, as well as those of nature and humanity. We therefore humbly implore your Excellency that if there be any way compatible with propriety & that Justice which we know you are bound to dispense, the unhappy prisoner may in mercy have his sentence remitted. We are well aware that in a populous country like this, it is indispensably necessary for the peace and welfare of society to make examples of those who feloniously take away the lives of their fellow- creatures, and thereby manifest future destruction to their neighbors. But in the present instance we view this miserable victim with such sceptical eyes as not to perceive wherein he has in fact been a felon; for that he has for years been in some degree a lunatic, we must again con- tend. We most religiously believe that if your Excellency could possi- bly see cause to grant him a pardon, he would hereafter be in a situation that would be by no means formidable to mankind, and render him a future blessing to all his connections. John Finney, Ame'a, Matthew Farley, Dancey Adams, Simon Morgan, Abner Chappell, Thomas Jones, Frederick Jones, Daniel Wilson, Peter Jones, Edward Jones, Edward Ward, John Jones, Epes Spain, Jr., John L. Cooper, John Archer, William Old, Daniel Tucker, Joel Tucker, William Fagg, George Foard, William Morgan, Thomas Old, 532 CALENDAR OF STATE PAPERS. 1792. May 2d Peter Howsan, Peter Jones, Wm. B. Pegram, Dan'l Spain, Joshua Spain, William Spain, Will. Marshall. Sometime in the month of March, William Green, of Amelia, made a settlement with me of some accounts that were between us, and finding himself indebted a balance, said that Ralph Crawforth Anderson, of Chesterfield, Owed him a sum of money, & that he (the said Green) would apply for it & would pay it to me. About ten or twelve days after this settlement, it being two days before the murder of the said William Green, I asked him in person if he could make a discharge of the balance of his account with me; the answer of the said Green was, that he had not been to Ralph Crawforth Anderson's; and also, that he was afraid to go to his house. I immediately asked him his reason for being afraid to go to his house? He, the said Green, then answered and said that the neighbours of the said Ralph Crawforth Anderson had informed him that the said Anderson was in his old distracted ways, so that he could do no business with him. PETER ROBINSON. City of Richmond, to-wit: Sworn to before me this 11th day of Ap'l, 1792, by the subscriber, Peter Robinson. ROB'T MITCHELL. To his Excellency, the Governor, and Honorable members of the Com- monwealth of Virginia: A petition of a Citizen of this Commonwealth and of the County of Amelia, in behalf of Ralph Crawforth Anderson, Humbly sheweth that the said Ralph Crawforth Anderson, hath been tried the present session. of the District Court in the City of Richmond, on a charge of having murdered William Green, and a verdict having passed upon the Oaths of twelve men, but your petitioner humbly begs leave to state a fact. which he conceives might have militated in his favour on the trial by the Jury, and have saved him from the severe and dreadful sentence which may now be pronounced upon him. From a long and Intimate acquaintance with him, the said Ralph C. Anderson, I have both known and heard of the frequent interruptions and deprivations of his Reason, and the misery of his condition hath been rather increased than abated by the certainty of a return of a Calamity which proceeded from the will of the almighty. CALENDAR OF STATE PAPERS. 533 And your petitioner farther humbly sheweth to your Excellency and honors that during my long and intimate acquaintance with him, I have never known or seen in him a disposition to inhumanity or Barbarity of any sort to either his inferiors or superiors, but on the contrary have ever discovered to me a generous disposition to humanity, benevolence, and love to all men of every rank—whether rich or poor. And your petitioner humbly sheweth farther unto your Excellency & Honors, that that which ever discovered to your humble petitioner the real principles of love and humanity in the said Ralph C. Anderson, was that of a particular and constant attention to those whom your peti- tioner ever thought to be objects of the notice of their superiors—even the poor, with whom he has ever mixed himself as with his equals, as well as been submissive to his superiors and the laws of his country. And your petitioner calling to mind the uniform behaviour of the said Ralph C. Anderson, among all men during the intermediate times of his exercis- ing the gift of reason, doth now humbly pray that pardon may be granted unto the said Ralph Crawforth Anderson, & that your Excel- lency & Honors may consider the unfortunate situation of his mind rather as an infirmity than a fault; and as it is the will of him who rules and governs above, that mercy should rejoice against Judgement, it is the humble prayer of your petitioner that mercy may be afforded, that your Excellency & Honors may spare his life, and he again restored to the enjoyment of his friends & little family under such restrictions as effectually provide against any farther injury to others from him. DAVID ADAMS. At a District Court held in Richmond the 12th day of April, 1792, Ralph Crawford Anderson, labourer, late of the county of Chesterfield, who stands convicted of murder was sentenced by the Court to be hanged by the Sheriff of Henrico County, on Friday the Eighteenth day of May next, between the hours of ten in the forenoon and two in the afternoon of the same day. Teste: J. BROWN, C. R. D. C. JOHN TYLER TO THE Governor. 1792. May 2d May 3d Sir, I beg leave to recommend to your mercy, Isaac Van Miter, a poor Williams- man who has been condemned to die for Horse stealing, which horse is burg 534 CALENDAR OF STATE PAPERS. 1792. May 3d May 5th North- ampton restored to its owner. He had a very strong proof of a good reputa- tion and honest connections, also of his frequently being not in his right senses; often wandering about the country at a great distance from his family; often lying out of cold nights even on his own land when he had all the domestic comforts of men in his condition of life; which manifested a deranged mind, and since his confinement his conduct has made the like impression on the people in this part of the Country. Judge Winston is not now with me, but desired me to use his name on this occasion. This measure is dictated from a motive of charity and mercy, and also a desire to give your Excellency such information as may tend to produce so desirable a thing as a pardon for those who have a claim to it from the circumstances attending their cases. And now excuse me, Sir, for mentioning the circumstance of a pardon sent to King & Queen on the application of persons out of court, who may be brought over to promote a petition even in the worst cases, and thereby be the means of defeating the law when it ought to have its full effect. The case is very far from being clear that the Executive has the power to grant a pardon between verdict and sentence by our Con- stitution, but the Court feeling as your Excellency did for that case, were willing to pass the question over and confer on the subject. I beg leave to submit the necessity of every pardon expressing the substance of the Indictment in some degree, when it is to be pleaded at Bar. If such should be the case again, that the Court may proceed with accu- racy, and that the pardon may have the effect intended. These obser- vations are made with great defference to your Excellency, and with a desire that all the Departments of Government may by mutual efforts be preserved. I am with very great respect, Your Excellency's most obt. H'ble Serv't. SMITH SNEAD, COUNTY LIEUTENANT, TO THE GOVERNOR. Sir, By the inclosed letter you will perceive that the people of this County are very much alarmed with the apprehension of an Insurrec- tion of the slaves, and have applied to me as Co. Lieut., to secure them from the danger. There is no public ammunition in the County, and it has so hapened that there is not Ten pounds of powder in any store in it. The Gentlemen whose names are subscribed to the enclosed letter are Magistrates of this County, and have requested me to make applica- tion to your Excellency for one hundred weight of powder and four hun- dred of Lead. If this quantity can be forwarded to York Town Ferry with direction to be immediately transported to Hungar's Ferry on this shore, you will much oblige, Sir, Your most ob't Serv't. CALENDAR OF STATE PAPERS. 535 5 Col. Smith Snead: Sir, May 5th, 1792. A variety of circumstances having made it but too probable that an Insurrection is intended by the slaves in this County, we have thought it absolutely necessary to give you this information without delay, and to request that you will take the most immediate & effectual steps to prevent the fatal consequences of their designs. We are, Sir, Your mo. ob't Servants, LITT. SAVAGE, JOHN STRATTON, JOHN ROBINS, ISAAC SMITH, PETER BOWDEN, PRESTON KENDALL, GEO. SAVAGE, HENRY GUY. WILLIAM LOWTHER TO THE GOVERNOR. Your Excellency's most ob't & very Hum. Serv't. When I mentioned our county had escaped I was wrong, 2 men have been killed within the limits of our county. 1792. May 5th Sir, I wrote you a few days since, but the uncertainty of conveyance Clarksburg from this remote part of the State induces me to embrace this more favorable opportunity. The Commission you were pleased to honor me with I accepted, & in due time completed my company. It is with much concern I am constrained to inform you that I really fear I shall be under the necessity of discharging them, owing to the difficulty of find- ing them at the very low rate allowed by the General Government; provisions are not to be had on the frontier where the men are stationed, we are obliged to pack a considerable distance, & pay the prices asked, which are high. If your Excellency could afford us relief in that par- ticular by influencing the Executive to make a small addition to the price of a ration, you would greatly add to the exalted opinion already entertained by the Western Inhabitants of your zeal to protect their lives and property. We have every reason to expect a very trouble- some summer; there has been frequent discoveries already made of the approach of the Enemy, & much mischief done in the neighboring But thanks be to providence our County has escaped as yet. I shall esteem myself honored by a speedy answer. If you send to Winchester, I shall receive it readily from there. I have the honor to be, May 5th 536 CALENDAR OF STATE PAPERS. 1792. May 6th H. CAPERTON TO GEORGE CLENDENIN, COUNTY LIEUTEnant. Sir, May 6th Being directed by the Executive to raise a Company of volunteers Kanawha for the defence of this County and Greenbrier, I have made every pos- sible exertion in my power for the complesion thereof, But finding that Col. Daniel Boon, the person appointed by the Executive of Virginia, did not agreeably to orders provide provisions for the support of said Company, could not bring forward the number allotted for your county at the time prescribed by the honorable the Executive, and on my ar- rival found your county was generally invaded, and that you were under the necessity of exercising the ordinary mode of defence, having been compelled to embody a company of your militia, and finding at the same time that the body of troops which were ordered under my command ware incompetent to repel the Depredations of said Indian Enemy, do request you by virtue of the order of council to me directed, to continue said Company of Militia in service until the danger abates or other provisions are made by the Executive of Virginia or the Gen- eral Government. I am, Sir, A copy-Teste: Matthias Meadows, Matthew Medy, Greenbrier, same, same, same, same, same, Wm. Meddy, John Dunn, John Harvee, Mathew Lamb, Will. Stoms, Will. Dock, Kanawha, Your Ob. H'ble Serv't. CAPERTON'S COMPANY, WHICH DID DUTY AT GREENBRIER. At Kanawha & Greenbrier, James Shelley, Thos. Thompson, Rob't McKee, same, same, same, Jas. Lacy, Joseph Abbet, same, Isaac Cole, same, same, SAM. COLEMAN. Į CALENDAR OF STATE PAPERS. 537 Greenbrier, same, same, same, John Harvee, Isaac Smith, Rob. Lee, Nimrod Smith, John Scott, Kanawha, Geo. Swobe, Greenbrier. (A boy), Wm. Lee, same, Josiah same, William Hamnick, Khanawa, Felix Williams, same, Greenbrier, Sam❜l Peck, Francis Farley, sarne, James Abbet, at Pecks, Daniel, Greenbrier, Reuben Solomon, Kanawa, Thos. Weatt, Greenbrier, John Woodnam, Khanawa, John Jameson, Kanawa & Greenbrier, Geo. Paul, same, same, Leban Booten, Thomas Fulton, Greenbrier, Francis Kelley, a short time in Kanawa, Sam McClung, at Home, Andrew McClung, at Home, Edw. Farley, Greenbrier, Francis Farley, In Kanawha a short time. John Grow, Sam McClurg's, Hugh Caperton, Thos. Patterson, at Gilliland's, Phil. Lacy, at Kanawa. Joel Sturgeon, James Haynes, scouts, made a great hunt-kill at least 100 skins; 63 one-60 the other. BENJ. WILSON TO THE GOVERNOR. 1792. May 6th May 6th Sir, In Compliance to your instructions, dated 3rd of January, 1792, you Harrison Co. have here Inclosed a statement of the expenses which accrued for the defence of this County for the year 1791, as far as I am able to ascer- tain them. The County Lieutenant is about or has removed out of this 68 538 CALENDAR OF STATE PAPERS. 1792. May 6th May 8th County, and has put a number of imperfect papers in my hands, so that I cannot Render a full satisfaction to your Excellency's Requisition. I view it my duty, and shall now take the liberty to give you an account of the state of the frontier of this county. The depredations Committed by the Indians, and our present protec- tion-The frontiers is much exposed, in Great fear, and dayly looking for a heavy stroke from the savages. We had two men killed on the little Kanaway River, (as by account in writing). The Indians hast Killed and captivated Eleven persons in Monongalia County, near the Harrison line; also one family in Randolph County, near the Harrison line—the number not yet Certifyed to me, and all done last month. Our protection is by your Commission to Capt. William Lowther, forty pri- vates & two scouts, with an addition of two scouts from the secretary of War, or yourself, which protection in itself is Great, tho' very far from being a full security to the exposed Inhabitants when taking into view the great extent of our frontier, the number of hills and mountains to search for the Lurking places of the Enemy that lays between the Ohio River and our west fork settlements. I have been repeatedly applyd to for two more scouts; I have not yet granted them, altho' I believe them to be absolutely necessary. I wait your Instructions in this matter and hopes your Direction for their appointment. I am, Sir, Á Your most obed'nt Serv't at Command. JOHN HARVIE AND W. FOUSHEE, DIRECTORS, TO THE GOVERNOR. Sir, We beg leave to trouble your Excellency & Hon'ble Board for an order for the balance due on shares purchased on public Account, & the State's proportion of Requisitions made by the James River Company up to the first day of April last, leaving a balance due the Company as per inclosed statement of £1,239, 2s, 11½d., which we should be glad to receive, or so much thereof as the Executive thinks can be spared from the public Treasury. We are, Sirs, with great respect & Esteem, Your Excelle'y's mo. ob't Serv't. CALENDAR OF STATE PAPERS. 539 Dr. The Commonwealth of Virginia, 1786. Jan'y Ap'l ،، 1785. To Subscription, 200 shares, @ £60, 1790. To sundry delinquent shares, 50 @ £50, 1792. To the Requisition on 100 shares, new sub- scription, of £5 each, being the first instal- ment for 1792 due in April, - In account with the James River Co. 3, By Cash, 12, Do., 13, Do., Oct. 12, Do., 1787. Jan'y 20, Do., Ap'l 30, Do., May Do., (( 28, Do., 8, June 21, Do., Oct. 17, Do., Dec. 17, Do., 1788. Feb'y 13, Do., March 21, Do., May 27, Do., Oct. 7, Do., 1789. Jan'y 30, Do., May 26, Do., July 20, Do., 1790. Jan'y 10, Do., May 1, Do., June 9, Do., Nov. 3, Do., (( (( Do., 1791. Jan'y 14, Do., April 23, Do., (C 28, Do., May 10, Do., June 12, Do.,* Dec. 23, Do., £600, 0s, Od. 100, 0 0 650, 0 0 650, 0 0 300, 0 0 140, 0 0 160, 0 0 200, 0 0 800, 0 0 150, 0 0 650, 0 0 800, 0 0 800, 0 0 οι 800, 0 400, 0 125, 0 650, 0 25, 0 1,000, 0 500, 0 500, 0 319, 13 10 683, 6 2 403, 10 0 100, 0 0 10 40, 6 200, 0 1,175, 16 941, 10 *161 Hhds. Tobacco. 0 0 0 0 0 0 0 0 : Cr.: £12,000, 0s, Od. 2,500, 0 0 0 2 0 500, 0 0 £15,000, 0s, Od. 6,000, 0 0 7,861, 3 0 £13,861, 3s, 0ąd. 1792. May 8th 540 CALENDAR OF STATE PAPERS. 1792. May 8th Sir, May 8th By desire of William Deakins, Esq., I have to request a payment of Richmond the balance, or such part as your Excellency & Council shall please, of the donation of the state to the Federal City. This balance is Fourteen Thousand dollars. May 10th Norfolk JNO. M. HOPKINS TO THE Governor IN COUNCIL. I have the honor to be with great respect, Sir, Your most Ob. Servant. WILLIAM PAYNE, JR., TO THE GOVERNOR. Sir, Inclosed you will receive the recommendation of the Court of Flu- vanna, recommending Joseph Haden as a proper person to execute the office of Major of the Militia of said County, who in my Opinion is ex- cluded entirely from that business by being an Inspector of Tobacco at the Rivanna Inspection, nor does be hold any militia Com'n in the County at present. Capt. James Payne and myself having Commis- sions of the same date, and he having declined his pretentions, I there- fore as eldest Capt. of the said County, object to the said recommenda- tion which you and your Hon'ble board may take into consideration. I have the honor to be, Sir, Your Ob't Serv't. THOMAS NEWTON, JR., TO THE GOVERNOR. Sir, Inclosed is a copy of a letter from Mr. Guy, of Northampton, which will shew your Exc'y the intentions of our slaves. We are totally un- prepared for such an event-having very few arms in the hands of our militia. If your Exc'y cou'd spare us some of the public arms, they cou'd be so disposed of as to be ready at a moment's warning. From circumstances, I apprehend there has been a general communication in the lower parts of the County, tho' we cannot fix anything hereabouts. I held a gen'l muster last month, & had not 20 stand of arms in the field. I cou'd not hold a Court-martial from the sickness & absence of the Capt's-of course have not any returns made yet; as soon as I can obtain them, I will forward them to your Excel'y. I am, with the greatest respect, Y'r Ob't Serv't. CALENDAR OF STATE PAPERS. 541 Northampton County, May 9th, 1792. Dear Sir, North- Fortunately we have in a few days past made a discovery of May 10th an intended insurrection of our Slaves. The plot seems to have been general, and several are now in Gaol; on that account, the ring-leaders ampton Co. of this horrid plan seem to have had some information of a similar cir- cumstance in agitation among you, and we learn from some of them that a letter has been received from your County on that subject. In consequence of which information, I have immediately dispatch'd an Express to you for the particulars of this matter, if anything respecting it has transpired among you. I am, Dear Sir, Y'r ob't, Hbl. Serv't. P. S. Please to furnish me with 4 lbs. of Powder & 12 lbs. of Lead. H. G. * PETITION OF JOHN CRANE. To His Excellency the Governor, & the Honorable the Council of State: The petition of John Crane humbly sheweth that your petitioner at the District Court held in Winchester at their last session was con- demned for murder, and is now under sentence of death for the same. He prays the interposition of your Excellency & Honors so far at pres- ent as to grant him a repreive for one month from the time the said sentence should be executed, and as in duty bound will ever pray, &c. JOHN NICHOLAS, JR., BOND AS CLERK OF ALBEMALE COUNTY. Know all men by these presents, that we, John Nicholas, Jr., and Wil- son C. Nicholas, George Divers, & Thomas Bell, are held and firmly bound unto Henry Lee, Esq., Governor of Virginia, and his successors, in the penal sum of one Thousand pounds current money of Virginia, to which payment well and truly to be made, we bind ourselves, our heirs, &c., firmly by these presents. Sealed with our seals & dated this tenth day of May, One thousand seven hundred & ninety-two. The Condition of the above obligation is such, that whereas the county court of Albemarle have this day appointed the above-mentioned John Nicholas, Jr., clerk of the said court, now if the said John Nicholas, Jr., 1792. May 10th 542 CALENDAR OF STATE PAPERS. 1792. May 10th May 10th Portsmouth May 11th Council office shall well and truly execute the duties of his office, and will not remove or carry or suffer to be removed or carryed out of the said county of Albemarle, the records & papers of the Court of said County, or any part thereof, except in cases allowed by law, then the above obligation to be void; otherwise, to remain in full force and virtue. Given under our hands & seals, the day and year afores'd. JOHN NICHOLAS, [Seal.] WILSON C. NICHOLAS, [Seal.] GEORGE DIVERS, THOMAS BELL, [Seal.] [Seal.] J. BRECKENRIDGE, Cl'k pro tem. W. WILSON TO THE GOVERNOR. Sir, By information from Col. Guy, of the County of Northampton, we have every reason to apprehend an intended insurrection of the Slaves. Indeed, their conduct in this county has long since warranted the suspi- cion. In consequence of which, I have to solicit of your Excellency a supply of arms speedily as it can be made, for I can assure your Excel- lency we have them not for every twentyeth man. I have given orders for the county to be put in the best temporary defence until arms are furnished for our protection, which, if necessary, I will be responsible for to the publick. The fears of the people of the county are greatly agitated from bodies of negroes collecting among them in numbers not less than 300 and dis- percing again. An Answer from your Excellency by the first opp'ty will (I hope) contribute to alleviate the apprehensions of the people. I am, Your Excellency's most ob't Serv't. SAM'L COLEMAN TO THE GOVERNOR. Sir, As Commander-in-chief of the militia of this Commonwealth, who will no doubt under a law which the General Assembly will pass on the subject, be empowered to appoint the Adjutant-General of the Militia of the State, I beg leave thus early to inform your Excellency of the pleas ure with which, if I am fortunate enough to meet with the appointment, I would undertake the duties of that office. These duties have hereto- CALENDAR OF STATE PAPERS. 543 *. fore been annexed to the office which I now execute, and this circum- stance, with the enlightening manner in which you are accustomed to convey your orders, would make my duty both agreeable and advanta- geous to myself, & I hope not unprofitable to my country. Sir, I have the Honor to be, Sir, with very great respect, Y'r Excellency's most obedient, humble servant. THOS. GATEWOOD TO THE Governor. Having been informed that application has or would be made to your Excellency, in order to obtain a pardon for a negro fellow called Argyle, now under sentence of death for robbing myself & others of property to a considerable amount on the night of the 16th of March last. I think it my duty to inform your Excellency that the said Ar- gyle is deemed a notorious villain, & an old offender, & that he has been on a former occasion reprieved when under sentence of Death, as will appear by the enclosed certificate. Your Excellency will therefore be able to Judge how far the lenient hand of mercy should be extended to such an object.. I have the honor to be, Y'r Excellency's most ob't & most h'ble Serv't. SENTENCE OF A SLAVE TO DEATH FOR STEALING. At a Court of Oyer & Terminer held at the Court House in the County of Princess Anne, On Thursday, the 23rd day of November, 1786, for the trial of Argyle, a Negro Boy-slave belonging to Samuel Moseley for robbing Calamaco Dominicho of Thirty shillings and sundry goods of the value of Twenty pounds. The above said Argyle being committed to the Jail of this county, charged with the above said offence, was led to the Bar in custody of the sheriff; and it being demanded of him if he was guilty of the same or not, & how he wou'd be tried, He said he was not thereof guilty, and put himself upon God and the Court for his trial; and thereupon, two witnesses were sworn and examined touching the said offence, and the said Argyle was heard in his defence. On consideration whereof, It is the opinion of the Court that he is guilty of the said offence: Therefore, it is ordered that the sheriff carry 1792. May 11th May 13th Norfolk 544 CALENDAR OF STATE PAPERS. 1792. him to the place of Execution on Friday, the Fifteenth day of the next May 13th month, and there hang him by the Neck till he be dead. The Court values the said slave Argyle to Eighty pounds-ordered that the clerk certify the same accordingly. A Copy-Teste: May 14th May 16th War Depart- ment C. H. MOSELEY, Cľ'k. CERTIFICATE AS TO JOHN MARSHALL, A PENSIONER. At a Court held for King & Queen County on Monday, the 14th day of May, 1792: John Marshall, late a Boatswain's mate on board the ship Tartar, belonging to this Commonwealth, who was continued on the list of pen- sioners with an allowance of twelve pounds per annum by certificate from under the hand of his Excelleney, Beverley Randolph, Esquire, bearing date the 14th day of July, 1790, personally appeared in Court and being examined, ordered that it be certified to the Executive that the said John Marshall still remains in the same state of debility, and is by no means capable of undergoing any laborious exercise, and it is the opinion of the Court that he ought to be continued on the pension list with the allowance aforesaid. A copy-Teste: RO. POLLARD, C. C. H. KNOX, SECRETARY OF WAR, TO THE Governor. Sir, I have the honor to acknowledge the receipt of your Excellency's letter of the 9th instant, which was received yesterday. In order that you may possess all the information in my power to give upon the sub- ject of the disturbances on the Southwestern frontiers of Virginia, I enclose you the copy of a letter from Governor Blount, which was received two days ago. It is most probable that upon the arrival of the Cherokees, who were at this City among their own people, that the apprehensions of hostilities from that tribe may subside. Besides, Gov- ernor Blount has appointed to have conferrence with the Chickasaws and Choctaws at Nashville, early in June, at which the principal Chero- kees will be invited. CALENDAR OF STATE PAPERS. 545 The capture of Bowles by the Spaniards, and the arrangement making at the Rock Landing by Mr. Seagrove, in behalf of the United States, with Mr. McGillivray and the Creeks, will probably restore entire tran- quility in that quarter. Judging from the information in my possession, it would appear that the United States have much to hope, and but lit- tle to apprehend from the disposition of the Southern nations of Indians. It would appear that if by necessity the war with the Indians north- west of the Ohio must progress, that we could obtain five or six hun- dred Southern Indians to Join our Army. It is true that some of the Chickamagas, and others of the Cherokees who have held considerable intercourse with the Shawanese for some years past, have at times mani- fested bad symptoms. But the death of the dragging Canoe, and the probable election of John Watts, a bold, sensible, and friendly half-breed, to the Chief direction of the said towns, would probably settle the rem- nants of the war on the Southern frontiers. From the information con- tained in Governor Blounts letters, together with such information as you possess by other channels, and this statement, your Excellency will be able to Judge of the necessity of your presence upon the South west- ern frontier of the Commonwealth over which you preside. In case, however, that you should think proper to make the Journey, I beg leave to repeat what I have before mentioned to you frequently by the Express direction of the President of the United States, That he will concur in every reasonable measure for the defensive protection of the Southern frontier of Virginia, which your Excellency may think proper to estab- lish as far as he is, or shall be authorized by law. He is impressed with the conviction that all parts of the Union ought to be defended at the general expense, and he will therefore most readily impart that defence according to the authority vested in him. The Congress having by law authorized a regular pay-mastor to reside with the army, the militia and scouts employed on the frontiers north west of the Ohio, will be releived from making application to the seat of Government for the set- tlement and payment of their accounts, as the said pay-master will be authorized to settle and pay the same. If it shall be more convenient to Russell and Wythe to apply to this Office, they shall be settled with here. You may rest assured, Sir, that it is the disposition of the Execu- tive of the United States to render the payment of the militia as easy as possible, consistently with the necessary guards and checks against abuse. The observations contained in this letter will apply equally to the Lieutenant-Governor relative to the counties on the Ohio. The pro- tection of the upper parts of the Ohio have been confided to your Excellency, excepting in the cases of - of which you have been informed. If the Lieutenant-Governor shall, upon mature reflection upon the spot, be of Opinion that a greater force of militia shall be necessary and should call forth such a force, the United States will pay > 1792. May 16th 69 546 CALENDAR OF STATE PAPERS. 1792. the Expenses thereof, so far as shall be consistently with the laws. I May 16th will write immediately to the Contractors to know whether they could furnish the Rations to the ranging parties on the Ohio. I enclose my Letter to Brigadiar General Wilkinson, of the 3rd of March, relative to the defensive protection of Kentucky, and I have learned by Captain Spring, tho' not officially, that a satisfactory arrang- ment is in operation in consequence theroof. It is probable that as the troops move forward they may take such temporary stations on the Ohio as will tend to cover the upper parts of Virginia from the incur- sions of the Indians. The President of the United States, actuated by sincere desires of terminating the Indian War. without the further effusion of blood, has directed that overtures of peace should be made by explaining the designs of the United States relative to Indian's Lands, on which point there were grounds to believe the Indians had been grossly deceived. Accordingly these pacific overtures are in train through various channels, and it is to be hoped they will be attended. with good effects. In the meantime offensive operations are of course restrained, and the Indians have been desired to call in all their War parties. Indeed we are not yet ready for offensive operations, and the season will be far advance before the Troops can possibly be collected for that purpose. The Kentucky mounted volunteers might be used in the meantime, were it consistent with good faith; But even the said volunteers will have to march further distant in search of an Enemy than they had the last year, For it appears by Major Hamtranck's letter of the 31st of March, who commands at Post Vincennes, that he has entered into certain preliminary articles with the Wabash Indians, which it is to be hoped will be still more extensive. May 17th I have the honor to be, Sir, Your most obed. Servant. LITT. SAVAGE TO THE Governor. Sir, North- Capt. Bayley this morning del'd me your Excellency's Lre. to Col. ampton Snead, County Lieut., which I immediately dispatched a messenger with. He lives 13 miles from me, and therefore an answer cannot conven- iently be procured from him to send by the return of Capt. Bayly. However, as I am well acquainted with the subject of his Lre. to your Excellency, & possibly from some opinion of your Excellency's answer, I think it necessary to inform you by this opp'ty that we have appre- hended and tried 8 or 10 negroes on suspicion of ploting & conspiring to rebel against the white people in this County, but the Court thought the proof insufficient to convict them. Three, however, the Court CALENDAR OF STATE PAPERS. 547 recommended to the owners to send out of the Country, which have been accordingly done; some of them whip'd, and the rest discharged. This I think has had a good effect, for we experience at present a very different behavior among them. How long it will continue God only knows. To guard against future consequences, the sooner our Militia is put upon a more respectable footing, the better, for at present I do not believe there is 20 lbs. of powder in the Connty. Two hundred weight of Lead in proportion, is little enough for our Militia, which the inhabi- tants of the County would be extremely obliged to your Excellency to order to be sent over as quick as possible. Excuse, Sir, the freedom I have taken, & believe me to be your Excellency's Most Obed., Hum. Serv't. MILES KING TO HONORABLE ROBERT GOODE, RICHMOND. I am, Dear Sir, with great respect, Your friend & Hum. serv't. JAMES WOOD TO THE Governor. 1792. May 17th Dear Sir, The Governor left my House this day for Norfolk, & delivered Hampton me a letter for you, which I have forwarded this post. The Governor sent an express to the Eastern shore last evening, tho' the Boat did not leave untill two o'cl'k this morning; arriv'd at Col. Savage's, and deliv'd the letter; stay'd at his House four hours, & returned to Hampton at half-past three o'cl'k-the answer I have sent to the Governor. The news from the Eastern shore much more favorable than we expected— only about 16 Negroes put in Jail—all try'd; none condemned; some whiped; a few of the most dangerous sent to the Havannah, and every thing appears to be quiet there; it appears there was no dissenters con- ceal'd in the The Boat went about Ninety miles in 94 hours, & would have done it in two Hours less, if there hadn't been a calm. May 17th May 17th Sir, The inclosed letters from the County of Harrison, directed to you, Winchester I met at this place. I opened them on supposition they contained pub- lic matter necessary for me to know. I have also inclosed the record of Wm. Johnston's condemnation, who is under sentence of death for Horse-stealing. I doubt not but your Excellency and the Board will see the propriety of extending the same indulgence to him which has 548 CALENDAR OF STATE PAPERS. 1792. May 17th been granted to Crane, sentenced at the same time for a greater crime. Upon enquiring, I find that Johnston is a stranger-without Friends or money; was lately a soldier, and lies under the suspicion of having been an old offender; however, if he is reprieved, you will have further information before the expiration of Crane's reprieve. I am Just seting off for the Ohio, and least I should not receive the expected Letter from Gen. Knox at Morgan Town, I shall hope you will, on receiving Letters from him, Communicate to me your Dispatch to the care of Rob't Wood at this place, who will be particularly careful to transmit it to me. I have the Honor to be with real Esteem, Sir, His Excellency, Henry Lee: Sir, Y'r very Ob't Serv't. Ohio County, 20th April, 1792. In the following lines we have endeavoured to state some of the facts which have taken place in and on the frontier of our County, in order that you may be able to form some Idea of our present situation. We do not design to state every circumstance that occurred on those occations, but only mention them severally as follows, (To-wit): From March 7th to 25th, Nine horses were taken from Short Creek, west bank of Ohio. April 1st, two boys killed on Wheelen. 5th, one man and one woman murdered about five miles from West Liberty, nearly in the centre of the County. 12th, seven horses taken from Short Creek. 16th; One man murdered & one taken prisoner at the Mouth of Short Creek. They were closely pursued by Capt'n James Mitchell with part of his Militia Company who were stationed near the place, but escaped. 15th, a party came near to Muskingum, killed some cattle and hogs, and were pursued by the Whites, who killed one and wounded two. 19th, Several horses were stole from below Wheeling. A party is now in pursuit of them. These we fear are only drops of the shower. That is to follow, we neither look for nor, expect any mercy from these Savage Enemys. The rangers allowed for our County is by no means competent for such an extensive frontier. As from our situation, we nearly cover the other Counties along the river, the Penn- sylvania Militia cannot afford us any assistance. At a Council of officers, we unanimously agreed to call out a Company of Militia for one month, which we have done, and hope the proceedings will meet your Excel- lency's approbation. We had thought of calling out in rotation the Militia, but they positively refuse to leave their families to be murdered. The observation seems Just. Every man is a centray over his family at present, and one half of them without arms. Nor are they able to pro- Several now on duty cannot get a gun to purchase. No Spring crop can be made in our present situation, and unless your Excel- cure any. CALENDAR OF STATE PAPERS. 549 lency can do for us what is out of our power to do for ourselves, we must submit to our fate. We conceive if that a full Company of Ran- gers could be raised in addition to those allowed for this County, (Less will not answer so valuable a purpose,) which could act in conjunction with those already on station, it would be the most effectual way of preventing those small parties of Indians from coming into the settle- ment, as we could be enabled to meet them on their own ground. Should your Excellency approve of this mode, we would further recom- mend to your attention as officers for s'd Company, John Camell, Capt. John ———, Lieut., and Thomas Biggs, Ensign, persons which we can have confidence in their abilities, and who we presume will meet with general approbation. We are with due regard, Your Excellency's most ob't and very Humble Servants, DAVID SHEPHERD, C'ty Lt. BENJAMIN BIGGS, Lt. WM. MENACHAN, Capt. JOE. SNIFF, Major. G. W. JACKSON TO THE Governor. I observed you have given orders to Capt. Lowther or at least McMa- chen, to order out 2 scouts for our county. I wish the Executive could have agreed to indulge our frontier counties with more scouts, as we have already expereanced a troublesome spring by the savages, and by good information are now on our frontiers. The Indians have commited hostiletys on all four counties this season already-that is, Ohio, Monon- galia, Harrison, and Randolph. I wrote to your Excellency last Feb'y, respecting of my furnishing the provision to the Rangers of these four counties, and paid a man to Go by Express to let you know in what situation I stud in, and from your Excellency's answer, I did not con- ceive myself fully Justified to ogment the price of a ration from eight. cents, tho' I am afraid I shall be under the necessity of Doing it, for I can't get any person who will undertake to furnish them. I submitted the matter to Capt. Lowther, and he once thought of discontinuing the Rangers from some of the posts; but on consideration, agreed not, and had to give himself as security to pay 7 p'r Ration to have them found. There is also another surcomstance that did not apeare to me when I 1792. May 17th May 17th Harrison co., 5th May, 1792. Sir, I rec'd your Excellency's Letter some time in the last of Feb'y Harrison Co. past; also the inclosures, which I amediately attended to, tho' at some expense, as Capt. McMachan lives some distance near about 120 miles. 550 CALENDAR OF STATE PAPERS. 1792. May 17th May 17th except of the appointment, viz: the Companys are distributed at Defer- ent posts through our frontiers for the safety of the country, and the undertakers have to pack the provisions to the Posts as yet, tho' this is complaned off so much, that if pay is not alowed or som other mesuer adopted they will utarly refuse; the consequence I dread. I can assure you that I have not, for all the trouble I have bin at, offered to ask any- thing for my trouble, and tell them they shall have what I am to receive. I hope that your Excellency will write me Spechaly on the occation. And beleive me to bee, with due respect, Your most obed'nt & very Hum. Serv't. A Statement of the Expenses accrued for the protection of Harrison County, for the year 1791-Virginia. 1st. Rangers by order of the Executive of this State-I presume this expence has been paid by this State; I have no account of the amount. 2nd. Rangers by order of the General Government-This Expence has been paid by the General Government; I have no account of the amount. 3rd. Scouts' Service, 238 Days @ 5s. p'r day, Rations, 238 @ 6d. each, Total, - BENJAMIN WILSON TO HENRY LEE. B £59, 10s, Od. 5, 19 0 £65, 9s, Od. * Sir, The above mentioned service of scouts was occasioned by an incur- sion made in this County last October, and the continued appearance of eminent Danger for some time. The Lieutenant of the County Informed me he had made you acquainted therewith, and by virtue of your letter Dated 3d of January, 1792, I am applying to the general Government for payment. I know of no other expences but those above stated. May 6th, 1792. CALENDAR OF STATE PAPERS. 551 WILLIAM JOHNSON TO THE GOVERNOR AND COUNCIL. To his Excellency the Governor and The Honorable Council of Vir- May 19th ginia: WILLIS WILSON TO THE Governor. Humbly sheweth That your petitioner who is now under sentence of Winchester Death for Horse stealing, implores your interposing compassion for a respite as long as John Crane, who was condemned the same day for murder, and by extending your indulgence so long, your petitioner indulges a hope that he may be enabled to procure such documents as might entitle him to a pardon. As your petitioner is Two hundred miles from the place of his nativity, it precludes a possibility of accomplishing so desirable a purpose at present. This supplication it is trusted will be granted, and your petitioner shall ever pray, &c. Winchester Jail, May 19th, 1792. Permit me, Sir, in the name of the good people of this county, to pre- sent your Excellency with their sincere thanks for your prompt visit in this, which was supposed, a time of danger; the esteem which they had for the soldier will be strengthened with respect for the chief magis- trate. I have attentively perused your Excellency's Instructions and sug- gested Ideas which you indulge me with an opinion on, and am the more happy as they are precisely in unison with my own, especially the part respecting the danger of the Town's first feeling the effects of a spirit of disobedience & resistance. The defenceless condition of this Town for the want of arms is deplorable, but we have no doubt of a remedy from your Excellency. I inclose a copy of a letter, the original of which was immediately transmitted by the mail for your Excellency. Expect'g the pleasure of seeing you on Monday, I remain, 1792. Sir, I have Just had the honor of receiving your Excellencie's letter, Portsmouth upon the subject of the Insurgency Covering a Copy of instructions to the commander of the Borough, with orders and advice respecting the County. Your Excellencie's Ob't Serv't. May 19th 552 CALENDAR OF STATE PAPERS. 1792. May 19th Norfolk May 20th Kanawha THOS. NEWTON, JR., TO THE Governor. Sir, Your Excell'y's letters of the 18th instant, I received, and consulted the Mayor on the subject. We agree in opinion that two hundred stand of arms are necessary for this place, because we have generally a number of strangers here, whose interest it will be to take up arms as well as the inhabitants, whenever any insurrection Should happen. Our militia is also at this time but badly armed, tho' there is an impression on all that they shou'd now procure arms, & I hope they will soon be com- pleatly fitted; my indeavors shall be to inforce the necessity of the measure. I have apply'd personally to the Preachers who held noctur- nal meetings, & they have promised to hold no more, & informed me they were sensible of their having had a bad effect. Every regularity & vigilance in my power shall be exerted & assistance given to the watch by a patrol when necessary; they being under the Mayor's direc- tions, he will give them the instructions recommended by your Excel'y. I shall use my best endeavors to keep the militia in order, & have a ros- tor of them made out immediately, and give them the necessary orders to turn out when there may be occasion. I have procured a safe place for keeping arms in a public part of the Town next to my own Dwel- ling, where a number can be assembled in a few minutes. My indeavors in every respect shall be to comply with your Excellency's instructions, for which I am much indebted, & am with the greatest respect, Y'r Exc'y's Ob't Serv't. HUGH CAPERTON AND GEO. CLENDININ TO CAPTAIN WM. MORRIS. D'r Sir, Since I seen you, I have consulted with Mr. Geo. Clendinin Respecting the measures which you and I thought expedient the last time I seen you, and have to inform you that he is well satisfied that whatever deficiency there may appear to be in my Company, be made up out of such of the active militia of Capt. John Morris' Company that have really been in service, as are not included in his present ranging company. It appearing from the extrem danger that is at present apparent, and the very dispersed situation of the Inhabitants of this County, that a less number than what is at present employed together with the addition of those above mentioned, are not able to Give that succor that may be necessary to secure the Inbabitants. The two men that you mentioned you wish'd to stay with you to guard your mills, you will detain and consider a part of said number. I am, Sir, Your Humble Servant. CALENDAR OF STATE PAPERS. 553 D'r Sir, 1792. The above measures Capt. Caperton and I have consulted on May 20th and appear very agreeable to me. I am your Ob't, H'ble Serv't. CERTIFICATE OF CAPTAIN WM. MORRIS. I certify that one day after the date, I rece'd a letter of which the above is a copy, and within two days after did engage Roland Wheeler and Nathan Wheeler to serve as volunteers in Capt. Caperton's Com- pany; that they Continued to do duty at my will untill September, (if I remembered right), and that they are the same Roland Wheeler & Nathan Wheeler, which were on the back of Capt. John Morris's mus- ter-roll presented to the Executive. May 25th, 1792. Memo.-Roland Wheeler, Jr., is in possession of the Original letter, and says his father did receive money of Capt. Caperton as a part of the first month's pay by him rec'd of the State. J. HADEN TO THE GOVERNOR. May 20th Sir, Col Hall will band you the recommendation from the Court of Flu- Columbia vania for a Major of the Militia. I am informed Capt. Wm. Payne has already furnished you with the same, with objections to my being com- missioned. I am not acquainted with the objections he makes, but have been informed one is on account of being Inspector at Rivanna. Its true I am, but that don't clear me of the Militia only in time of peace, but am subject to the Militia Laws in case of an invasion, &c. Therefore I consider myself as one of the Militia. Another I suppose is informing you he is the oldest Capt'n, &c. For this I refer to Col. Tunstall Quarles, who is now in Richmond. I was a Capt. of the Mil- itia in the County of Albemarle before the division of the County took place, & after the division was commissioned in Fluvanna, & performed my duty through the whole of the last war as a Captain. When there Was Commissioners appointed agreeable to an Act of Assembly for recommending Officers, I was again commissioned, which I resigned a few years past. In fact, I am the oldest officer in the County. In another instance it may probably have been signified to you that there 70 554 CALENDAR OF STATE PAPERS. 1792. May 20th May 20th was not a full Court at the time I was recommended. The truth of that is I was recommended without any solicitation. There is only Nine acting Magistrates in the County, & six of them present. There was not a dissenting voice amongst them, & no other person proposed, the Magistrates present were also the senior Magistrates in the County. For the truth of my assertions I refer you to Col. T. Quarles, and also I refer to him and Mr. David Ross. Respecting the whole matter, my general conduct & fitness to fill the office to which I stand recommended, & upon getting fully acquainted with the matter from them, I doubt not but you'll forward me a commission by Colo. Hall. I am, Sir, Y'r mo. ob't Serv't. DAVID ROSS TO THE GOVERNOR. Richmond, May 26, 1792. Sir, I am informed that Capt. Jos. Haden, of the County of Fluvanna has referred to me for information relative to his appointment as a mili- tia officer. I believe he has been a Capt. in the Militia since the first establishment of the county of Fluvanna, & long before it was sepe- rated from Albemarle. Some years ago, I was app'd one of the com- missioners to nominate proper persons to the Executive as Militia offi- cers for that county. The Commissioners were unanimous in recom- mending Mr. Haden as a proper person for Captain; I had then & still have, full conviction in my mind that he's as well qualified for the duties of a Militia officer as most men in the county. I have the honor to be with great regard & Esteem, Y'r Hum. Serv't. At a Court held for Fluvanna County, on Thursday the 3rd Day of May, 1792. Present, the Justices of the s'd County, to-wit: John Ware, John Napier, John Thompson, Wm. Oglerly, Duncan McLaughlin and James Payne, Gentlemen. This Court doth nominate to his Excellency the Governor, Joseph Haden, Gent., as a proper person to execute the office of a Major in the militia of this County. A copy: JOHN TIMBERLAKE, C. F. C. CALENDAR OF STATE PAPERS. 555 SMITH SNEAD, COUNTY LIEUTENANT, TO THE GOVERNOR. I am sir; with much esteem & respect, Sir, I received yours of the 16th inst., dated Hampton two days ago, May 21st but have not received your first, or heard anything of the ammunition. I am very sorry, sir, that the alarm has given you so much trouble, but rejoice to discover that the danger is not so great as at first was appre- hended by many people. We have had about a dozen in our Jail, the most of whom have undergone a trial for their lives, but sufficient testi- mony to convict them did not appear to the satisfaction of the Court. For my own part, I believe a few, and only a few, manifested by their conversation a desire of insurrection, but had no fixed plan of opera- tion or time for execution; they had furnished themselves neither with arms or ammunition; no white person was concerned with them; neither în my opinion, was this disposition by any means general. If it bad prevailed throughout this County and the adjoining one, the impracti bility (I think I might say impossibility), and the consequence must have occurred to them before any attempt to put their plan into execu- tion. But this by no means is a general opinion, a large majority think differently. The military maxim, always to guard yourselves as if in danger, is a very prudent one, and perhaps it would not be improper in the present situation of affairs, to furnish the militia with some ammu- nition, but I think it equally possible that it would be an unnecessary expence. Your most ob't Serv't. PETITION FOR ARMS. To his Excellency the Governor & the Honorable Members of the Privy Council. The petition of Alexander Quarrier, Captain of the Corps of Artillery, part of the Militia of the City of Richmond, Sheweth That the Com- pany which your petitioner is appointed to Command is not furnished with arms for the defence, which may be necessary at any time when their service is required. Your petitioner therefore requests that your Honorable Board will be pleased to order sixty-four stand of arms to be delivered to him for the use of his company, to be accounted for at any time hereafter, and he will, &c. 1792. North- ampton May 22d 556 CALENDAR OF STATE PAPERS. 1792. May 22d Bath Co. May 23d Norfolk May 23d Prince Wil- liam County SAM'L VANCE TO THE GOVERNOR. Sir, I received your Excellency's favor of the 12th of March, together with the order of Council for the raising of Twenty-five militia for the defence of this County, in consequence of which I appointed Robert Thompson, Lieut., to command them, he being the eldest Lieut. in the County, and had been active in the late War. 1 have also prevailed with Colo. Charles Cameron to furnish the rations at the prices men- tioned. He has likewise mustered the men raised, and reports that they are well chosen. No doubt but his report to you will give satisfactory reason why the ware not mustered earlier than the ware, as the ware on duty before he could attend them. I hope our proceedings in the business will meet with your approbation in Council, and that Lieut. Thompson will be commissioned. Late information from the Kanawha say that the indians are very troublesome; that they have kil'd two men at the point. Others have been fired on at Elk, and one wounded. The have likewise break up a small settlement on Elk, sixty miles below where Lieut. Thompson is stationed. I beleive only one family kil'd. If any thing particular turn up in the course of the summer will en- deavor to give you the earliest information. J I have the Honor to be, Norfolk Borough: Your Excellency's most obed. Serv't. RECOMMENDATION FOR ALDERMEN. At a Hustings Court held the 23rd day of May, 1792: Present-Cary H. Hansford, Esq., Mayor; Richard E. Lee, Esq., Re- corder; Paul Loyall, Robert Taylor, James Taylor, Donald Campbell, Cornelius Calvert, James Ramsay, Gent. Aldermen. The Court recommends to his Excellency, the Governor, Baylor Hill, Gent., as a fit person to execute the office of an Alderman for their Borough, in room of Paul Proby, Gent., who hath resigned. A copy-Teste: ALEX'R MOSELEY, C. N. C. PETITION OF HUGH DOWDALL FOR PARDON. To the Honorable Governor and the Council of the State of Virginia: The humble petition of Hugh Dowdall most Humbly prays your Honours to take my distressed and unhappy situation into your chari- table consideration, and be greasusly plaised to extend part of that well- CALENDAR OF STATE PAPERS. 557 knowing charity that remains with you upon a unfortunate object worth your notice, who is now at the point of death, without your honors' charitable and timely assistance. Your petitioner is now con- fined those nine months for only passing One bad dollar, and has suf- fered a great deal this last winter with forty weight of Iron, and with- out the benefit of fire, and am destitute in those parts of any friends or acquaintance, but some thousands of miles from home only a poor help- less wife that is now lying some place or other on the road, as she was going with a petition to your honours. I will Inlist and be a faithful subject to the services of my Country the remainder of my days, if your Honours will pardon me for this Offence; and if you think it not proper to pardon me, I pray your Honours for a few days longer to live, that I may be the better prepared to depart out of this world. I pray your Honour's compliance to the above, and in so doing, your Petitioner as in duty bound will Ever pray. PETITION OF CITIZENS FOR PARDON OF HUGH DOWDALL. To the Honorable the Governor & Councill of Virginia: The humble petition of sundry inhabitants of the s'd State & of the County of Prince William, come shewing that whereas a certain Hugh Dowdell has been convicted of felony for counterfeiting & passing base coin, knowing it to be such, & is now under sentence of Death for the same; and whereas the evidence produced upon the trial of the s'd Dowdell was not in the opinion of your petitioners of that high dignity & absolute certainty which it ought to be, in order to deprive a fellow- creature of his present existence, being only a presumption of his guilt; and whereas your petitioners know & are well assured that his sufferings have been very great during the inclemency of the late winter which has intervened since his confinement all which circumstances being taken into consideration by your petitioners, they therefore humbly pray pardon of the s'd offence for the s'd Dowdell, and as in duty bound shall pray, &c., &c. T. Blackburn, L. Dade, Wm. Tibbs, Nath. C. Hunter, Ja. Ewell, Francis Carlton, Thos. Oliver, Thos. Chapman, Jr., Jas. McDonald, Grif. Hedges, William Wyatt. Wm. Smith, John Sowden, Joseph Botts, Alex'r Howison, John Prince, Thomas Chapman, Spencer Grayson, Bernard Gallaher, John Cannon, Geo. M. Warren, 1792. May 23d May 23d Prince Wil- liam County 1 558 CALENDAR OF STATE PAPERS. 1792. May 23d Dumfries May 23d JAS. EWELL TO THE GOVERNOR. Dumfries, May 23rd, 1792. Sir, I have just seen and have signed a petition to your Excellency in behalf of the unfortunate Hugh Dowdle, now under sentence of death for passing base coin. As he was committed by my warrant, I beg leave to inform you that upon his examination I was reduced to doubtfulness with respect to the propriety of committing him, & if could have had full confidence in the testimony of a certain Fitzsimmons I should have discharged him, but that being suspicious, & the presumption against Dowdle, I thought he had better undergo the scrutiny of a further in- vestigation, tho' he might be innocent, than to be acquitted with impu- nity if guilty (of knowing it to be base). I did not attend his trial, but have since heard one of his venire say, that.if it had not been for the re-examination of Fitzsimmons before them, he would have been acquitted, & that when he gave his voice on the presumption of his guilt, he did not think it would take his life. It is said Fitzsimmons was then intrusted with Dowdell's goods (who was a pedler), & that he has since actually run off with all his effects. But if the unhappy crim- inal had been actually guilty, has he not suffered more than adequate to the offence? To indure for several months the ignomy & perturbation of mind consequent of his condemnation; to be robed of his all by the perdify of his friend, & to be chained almost in one position to a cold floor during the severity of the last winter must exceed the torture of a thous'd deaths. If in the circumstances, life & Liberty are Still desirable, I hope he will find mercy at this extremity of distress. I have the honor to be, with due respect, Sir, Y'r most obed. H'ble Serv't. B. EWELL, JR., TO THE GOVERNOR. May, 1792. Sir, The enclosed was left with mé to be forwarded to you, & the peti tion mentioned therein, has, I expect, been handed to you ere this. As I was present at the trial of the unhappy person mentioned therein, whose sentence of Death is to be executed on the 29th day of June, next, I beg leave to mention that the presumption of his guilt arose chiefly from a contradiction in the testimony of Fitzsimmons, his pre- tended friend and partner in trade. But admitting the prisoner's guilt, CALENDAR OF STATE PAPERS. 559 Š tho' the punishment inflieted by law has not been executed on him, yet his sufferings have far exceeded the nature of his offence, & should be find mercy, he may yet become a useful member of society. Y'r most ob't & H'ble Serv't. PROCEEDINGS OF THE DISTRICT COURT IN CASE OF HUGH Dowdall. Virginia, to wit: At a District Court held at Dumfries, the 21st Day of May, 1792, Hugh Dowdall, late of the Parish of Dittengen and County of Prince William, Labourer, who stands convicted of Felony, was again led to the bar in custody of the keeper of the Public Jail, and thereupon the opinion of the General Court being read to him in these words: Vir- ginia, to-wit: At a General Court held at Richmond, November 19th, 1791. The Commonwealth against Hugh Dowdall, late of the Parish of Dittengen in the County of Prince William, Labourer, Deft. This day came as well the Attorney-General as the Counsel on behalf of the Defendant, who being fully heard, and the transcript of the record being seen and inspected, It is the opinion of the Court that the indict- ment against the Deft. is good and sufficient in law, and that the plea of the said Deft. in arrest of the Jury's verdict ought to be overruled, which is ordered to be certified to the said District Court, and it being demanded of him if any thing for himself he hal or knew to say why the Court here to Judgment and Execution against him of, and upon the premises should not now proceed, he said he had nothing but what he had before said. Therefore it is considered by the Court that he be hanged by the neck until he be dead, and that execution of this Judge- ment be made and done upon him, the said Hugh Dowdal by the Sheriff of Prince William County on Friday, the 29th day of June next, between the hours of ten in the forenoon and two in the afternoon of the same day, at the usual place of execution. A Copy-Teste: GS. BROOKE, C. D. C. JOHN BECKLEY TO THE GOVERNOR. Sir, In obedience to an order of Congress, I have the honor to transmit three copies of the Journal of the proceedings of the last session of the House of Representatives of the United States-one for the use of the Supreme Executive, and one for the use of each Branch of the Legisla- ture of the State, over which you preside. And am with due consideration, Sir, Your most Obedient and very humble Servant. 1792. May 23d May 23d May 24th Philadel- phia 560 CALENDAR OF STATE PAPERS. 1792. May 24th May 24th May 25th Council office EDM'D HOLLADAY'S RECEIPT FOR ARMS. Rec'd (Richmond, May 24th, 1792,) of Samuel Coleman, sixteen Boxes said to contain six hundred Stand of Arms, which I am to deliver to Colonel Willis Wilson, the Lieutenant of Norfolk County, or to his order at Norfolk-unavoidable accidents excepted. D'r Sir, Teste: JNO. LESTER. J. Garland to HONORABLE RO. GOODE, RICHMOND. Crawford Anderson is very anxious that the time of his execu- tion should be prolonged one week more. Mr. Burnley says there would be no impropriety in so doing; will you call a Board to-day for the pur- pose? Mr. Dan'l Jones' affidavit inclosed-it may be of some service. I am, D'r Sir, Y'r most ob't. Mr. Jones intended to have called at Whitby yesterday to have seen you. Should it be necessary, I trust you can undertake for the worth or credibility of Mr. Jones, (as you know him well). Daniel Jones, of Nottoway Co'ty, says that he has been acquainted with Crawford Anderson for Twenty-Odd years; that he has frequently seen him of unsound mind when he was sober, and is of Opinion that Anderson must have been out of his senses at the time he Killed Green; that he ever has considered him as a peaceable, quiet man when in his senses; that he has ever understood that Anderson's Father and five Brothers, with himself, has been mad. Sworn to before me the 23rd May, 1792, being a Magistrate for Amelia Co'ty. WM. MURRAY. SAMUEL COLEMAN TO THE GOVERNOR. Sir, I have as usual examined the account of the contractor to furnish the Post at the Point of Fork with provisions, and find the amount to be forty-six pounds, fourteen shillings and six pence, for supplies fur- CALENDAR OF STATE PAPERS. 561 1792. nished for the last quarter, ending the 30th of April, 1792. Major Lang- ham has on the back of his own Orders, certified the reception of the May 25th Rations for the last Quarter; the usual voucher was the receipt of the non-commissioned officer of the Guard. I should myself suppose that the superintendent's certificate would be equally authentic. I have the honor to be, sir, Your most Ob. Servant. Be pleased to return the vouchers to be filed in my office. GEORGE CLENDENIN TO THE GOVERNOR. The Indians are daily Committing depredations within this County. On Monday week last, the killed two very Reputable Men, to-wit: a certain Mich'l Lee, Esquire, and a Mr. Robert St. Claire. At the same time, the took a white Boy and a Negro. Thirty of them were dis- covered a few days before the did the aforesaid Mischief, oppesit to my fort across the Kanawha River, In sight of the fort, who's intention we suppose was to attack the fort the following night, or fix themselves for that purpose. On their being discovered, the fired several Guns at the fort, but without doing any mischief, tho' we daily expect to be attacked by them at one or other of our stations. The Frontier Counties have never experienced so desparate a summer as this appears to be. God knows what the event may be. In our quarter we keep Close Garrison and hope for the approach of the Army, which may perhaps call their atten- tion from us. Sir, In the provision made for the defence and protection of this County Kanawha the present year, your Excellency was so kind as to inform me that Ammunision was put into the Hands of Col. Daniel Boone for that pur- pose, and that he also was to furnish Rations for Captain Caperton's Ranging Company. I am therefore led to inform your Excellency that no ammunision has yet come to hand, neither has there been a single Ration furnished; A consequence has naturally follows that I have been compelled to provide Rations for the said Company as yet, otherwise let them be disbanded; and have also purchased of the Bearer, William Cook, for the use of said Company and the Militia, One hundred & five pounds of Gunpowder, as will appear by a certificate thereof in his favor herewith enclosed, which powder I give three shillings pr. pound for, or agreed that he should be paid that price for it. It is unnecesary for me to urge the necessity of immediate payment being made him, well knowing that your Excellency will pay every Immaginable atten- tion thereto. I have the honor to be with great Respect and esteem, Your Excellencie's Ob't, Hum. Serv't. May 26th 71 562 CALENDAR OF STATE PAPERS. 1792. May 28th May 30th May 31st Westover At a meeting of the Directors of the Hospital for the maintenance and cure of persons of unsound minds, held at the said Hospital in Wil- liamsburg, the 28th day of May, 1792: Ordered, that the Treasurer of this Hospital be directed to apply to the Executive for a warrant from the Auditor of Public Accounts on the Treasurer of this state for the sum of two hundred pounds for the use of the Hospital. A copy: WILL. RUSSELL, C. C. D. Rec'd (Richmond, May 30th, 1792,) of Samuel Coleman, two large Boxes said to contain six hundred and one Cartridge Boxes in good order, which I promise to deliver in the like good order, unavoidable accidents excepted, to Col. Willis Wilson, at Norfolk or to his order. Teste: TAPLEY WEBB. N. B.—On examining the above cases, we find no more than five hun- dred Eighty-nine Cartouch Boxes-589. WM. NELSON, JR., TO THE Governor. Sir, At the request of Mrs. Towe, the unfortunate Wife of William Towe, who hath been convicted of horse-stealing, I do myself the honor of communicating the inclosed petition. It rests with the Executive to determine whether it may induce the exertion of their clemency. I left Suffolk District the evening before the court adjourned. The Chief-Justice intended to forward another petition that had been handed to him, which I presume he has done. The solicitude, however, of the unhappy bearer of this, will not allow her to go to Richmond, without another letter on the subject. I am called on therefore to state the evi- dence as well as I can collect it from my notes. Capt. Dorlan (the first witness), swore that on friday, the 9th of Sept'r, he missed his horse out of his pasture. He took up one Samuel Whitby, who was of a suspicious character. Whitby gave information that Towe had taken the horse, and mentioned when Towe would be at a Mr. Pinders (I think), where Towe was afterwards apprchended. Towe acknowledged that he had a horse like the horse which Capt. Dorlan described; but said he had bought him of one Jno. Burke, & produced a CALENDAR OF STATE PAPERS. 563 1792. Bill of sale signed with the name of Burke. It is to be observed that Whitby at first told Captain Dorlan that a Wm. Howard took the horse; May 31st this Mr. Whitby was a young man, who had run away from his father in North Carolina. He stated that he and Towe went up to Prince George together; that Towe caught a horse there, but being not so active as himself, he (Whitby) mounted this horse himself; they how- ever let this horse go. In their way back, they came to an inclosure which in description corresponded with Capt'n Dorlan's pasture, and Whitby held Towe's horse whilst Towe took the horse out of the pasture. Whitby described the horse as to his having three white feet, and as to his tail. He confessed that he wrote the Bill of sale, and that Towe signed the name of Jno. Burke to it. He said that they arrived at Towe's house on Sunday evening; this is the sum of Whitby's testimony. Mr. Pointer proved that Towe's brother, who was examined on his behalf, was a young man of fair character. This John Towe contradicted the testimony of Whitby. He said that his brother was at home on Friday evening, and sent for him; that he went there on Saturday morning, and that Whitby, as well as I recollect, brought the horse by himself on Sunday, & that Whitby sold the horse to his brother. A Mr. Griffin was examined, who proved that Whitby passed by the fictitious name of Turner. A Mr. Pinder swore that the prisoner had many times called at his house on his way from Caroliner & back again; that he passed under different names, & that Howard was one of the names which he assumed. The Executive will discover that the testimony which greatly operated against the accused, was that of a man of bad character, who seems to have been actuated by dishonest principles in the Journey, and confesses himself to have been an accomplice in this transaction. + I have the honor to be, With every sentiment of respect & Esteem, Y'r obed. Serv't. PETITION OF MRS. TOWE. The Most Hounrable Counsil, I hope you will Consider my Distresed situation. I have Been this Foure years past, I that have Never seen a well day, and the greater part of my Time under a Doctor. I have three small children, and now young with child again. I am in a very low state of health; has kept my Bed Ever since; I walked from the Capital yesterd., when the petition was handed, with a Violent fever, and a very bad cough, and a pain in my Breast. I could scarce turn myselfe, My Dear husband, before his absence, has been obliged to turn me for a week at a time, not able to help myselfe; he is a man takes May 31st 564 CALENDAR OF STATE PAPERS. 1792. May 31st May 31st great Delight in his Farme. Ever since our marrige, I nevered heard any thing Lay'd to his charge Before this, and he is Raly clear of taking the horse. The owner of the horse says he was taken about midnight on Friday on night, and my husband was home that night, and sent for a young man to come and work with him. He came on Saturday Morning before the sun Rose. Their was no such horse theire on Sun- day Evening. This young man Brought the horse. This other young man was preasent when he Rode up in the yard. He is Cal'd a Very Cretable young man. He took his Qath he saw him Bring the horse there; takes a horse a Bout a mile from us, and goes and Sets in as an over Seer, which is a day and halfe Ride neare to wheare we live. I have been so unfortunate to loos two Dear Husbands a natural Death: Let Beg and Beseech of the most Honnrable Counsil to spare his life, if it cannot be Got over with some punishment, Let be some Corporal punishment: any thing you please to Lay on him so his life is spared, I shall be thankful. O! that I could Be permitted to fall on my nees Before his Exlency and Counsil to Beg the Life of my Dear husband. I hope their is not one of you gentlemen but has a most tender Feling, if not for him, Consider me and my Dear Babies. I have no property; if my Husband is taken, all is gone. I have been possesed of good fortune, but second husband made use of the whole. I have no relation, not a cousin to Apply to For Friendship. Please to excuse the want of paper and the Bad Dictating few Lines please to from a Distresed woman. Let me know if you Receive any Letters from office concerning my Business. PETITION OF WILLIAM TOWE. The Humble Petition of William Towe on Supission of Horse-stealing, this humble Petetion Sheweth, that your Petetioner has been in Prison those Nine months last past, which has utterly Ruined his Fina'ces & Rendered his Family as mere objects of Distress. The Great Omnipot above that KLows the secrets of all Hearts, Can nor will, I trust, Pro- nounce me Guilty of this Crime alledged against me. It is my sincere wish that Law & Equity takes place; and if so, its Impossible that those men of Knowledge, in whose hands my Life depends, can do otherwise than clear me. I hope the Honorable Judges will not attribute any former Events, so that the might Bear a Weight at this essential Crisis; therefore, I trust in their Learned Knowledge and most Boundless Humanity, that by their most Honorable Consent, they will be graciously Pleased to Do as CALENDAR OF STATE PAPERS. 565 1792. they of their Learned knowledge thinks most Expedient in the present Case, and in duty Bound your Petetioner, with a firm Resolution never May 31st to Lay himself in the power of any Person, man, to say again the least to Predejuce my Caracter. JOHN WEIRSON TO JOHN H. BRIGGS. Dr. Sir, You will be applied to by the wife of an unfortuate man, who is under sentence of death in Suffolk Jail, for a pardon, The offence Horse Stealing. He has been before convicted for the commission of a similar crime, & has obtained a pardon, which circumstance may no doubt plead ag't him in the present application. Yet as two offences have been passed over so far as to allow a second pardon, it is to be hoped that his case may be as well entitled to mercy as those which have occurred, and I hope the petitions in his favor will have a favor- able operation with the Executive. The Witness ag't him it is to be feared committed a Felony & established it on Towe to save his own neck. His wife and family are no doubt truly interested in this dreadful calam- ity, & as far as is consistent with the public good, I have assured Her that y'r Humanity may be expected. I am y'rs, &c. The humble petition of Grace Tow Sheweth That her husband William Tow is now confined in the District Jail of Suffolk, and under sentence of death for being charged with having stolen a horse belong- ing to Capt. John Darlin of Nansemond County. The unhappy situa- tion of your pelitioner, the miseries that this event will produce to her, as well as to her infant children, besides that of being deprived of an affectionate husband, cries aloud for mercy. The lenitive disposition of your Excellency, as well as the Honorable Council, the interposition of the honorable Judges of the District Court, (which is promised,) and the wishes of a number of respectable inhabitants, whose names are hereto subscribed, is flattering indeed. Your greatness has been pro- duced your petitioner presumes, from your noble principles, and there can be nothing greater she conceives, than for those who have power to extend fogiveness. May you be actuated by divine munificence, and may he who has power ever deal bountifully towards you, is the sincere and fervent prayer of your disconsolate petitioner, To His Excellency the Governor and the Honorable the Council of the May 31st State of Virginia: GRACE TOW. May 31st 566 CALENDAR OF STATE PAPERS. 1792. We, the Subscribers, sensibly feeling for the unhappy situation of Mrs. May 31st Tow, ardently wish that she may obtain the approbation of the Execu- tive in this her humble and important petition, Christian Richardson, Sarah Yarbrough, Eliza Hubard, Charlotte Iverson, Mary Barber, Clotilda Langston, Elizabeth Poole, Priscilla Hoss, Ann Copeland, Eliza Allen, Ann N. Graham, Louisa Copeland, Elizabeth Jordan, Elizabeth Sparling, Elizabeth Riddick, Mary Milton, Willis Riddick, Evan Bowen, Thos. O'Hara, Thos. Wishart, John Barber, Denny Copeland, Elisha Copeland, 1 Jno. Driven, Tho. Swepson, Rich'd Yarbrough, • W. Stott, A. Richardson, J. Hay, Wm. H. Hayes, Stephen C. Graham, Cha. Harrison, Jno. Whidlen, Robert M. Riddick, John Nivison, William Whitfield, Wm. Nimmo, Jas. Blamrye, D. Fenwiss, Tho. Mathews, Charles Moss, Zach. Martin, James Riddick, William Metcalf, John Lawson, L. Littlepage, David Meade. TO THE HONORABLE THE JUDGES OF THE DISTRICT COURT NOW SETTING IN THE TOWN OF SUFFOLK. The Subscribers, from motives of humanity and a fellow feeling for a poor unhappy wretch, are induced to trespass on your Honor's time and patience, by soliciting that the final Judgment now about to be passed upon William Towe, a prisoner in your Jail for Felony, may be dictated in terms as mild as Laws of Country will permit in cases similar to one in which the prisoner now stands. The youth, with his (as we have good cause to believe), sincere repentance, together with the distresses naturally Resulting to his wife and poor little infant, on his being snatched out of the world by a death the most infamous, are among the reasons by which we are induced to come forward and solicit your Honours. Should you pass sentence of Death upon the said William Towe, that you will be pleased in that case, to recommend him to His CALENDAR OF STATE PAPERS. 567 Excellency the Governor, as a proper object of mercy, (as we now recommend him to your Honors) in order to the obtaining his final par- don. We humbly beg leave to observe, whether it may not be a hard case to take the life of the prisoner upon the Testimony of a witness whose incredibility is very obvious. Suffolk, May 16th 1792. James Wills, Willis Riddick, John Sik Wills, Dansey Copeland, Jno. Dorton, Edw. Allen, Thos. Mathews, Robert Godwin, Enm'd White, (No. Caro- lina.) Soloman Shepherd, John Barber, Elisha Copeland, A. Richardson, H. Allmand, John Morison, Merit M. Robinson, Robert Jordan, Joseph Walker, John Driven. Kings Mill, 21st May, 1792. Dr. Sir, During the Session of the District Court at Suffolk, one only of the many Culprits that were confined at that place for tryal was capitally convicted. A William Towe of North Carolina was charged with, and found guilty of stealing an Horse within the limits of Vir- ginia. The chief testimony upon which his conviction was founded came from his accomplice in Guilt, but the manner in which that testi- mony was delivered, together with the circumstances that corroborated it, could not Justify the Judges of that Court in asking your inter- ference for this unhappy young man, yet as the inclosed petitions were presented to me in his behalf, it becomes my duty to submit them to your Excellency. As this short statement of the circumstances of his case cannot operate anything in his favor, I hope this communication which my public duty obliges me to make, will not be considered as intimating even a wish on my part to prevent your interference in this man's behalf. My associate, Judge Nelson, would have united in this letter to you, had he not been obliged to separate from me before the Court Closed. I have the honor to be with every sentiment of Esteem, Your Excellency's most ob't Serv't, HENRY TAZEWELL. 1792. May 31st f 568 CALENDAR OF STATE PAPERS. 1792. May 31st Isle of Wight, May 20th, 1792. Sir, The address of twelve farmers of the counties of Isle of Wight and Nansemond, humbly sheweth, That from undoubted authority we under- stand that there is a petition now before your Excellency in order to obtain a pardon for a certain William Towe in Suffolk Jail, under sen- tence of death for Horse-stealing. In order, therefore, that your Excel- lency may be apprised of this Villain's character in general, as well as some of his well-known conduct within a very few years past, before you hastily proceed to pardon him, We have thought it right, from the duty we owe to good society, to offer you this our little narration: 1st. He is a well-known Horse-Thief in Carolina as well as in Vir- ginia, and it has always been a hard matter to detect him. 2nd. For this offence he has been tried, condemned, and pardoned not long ago in Virginia; for the truth of this, we beg leave to refer you to the records of the Gen'l Court, and the present Attorney-Gen'l, as well as to Judge Tazewell, &c., &c. 3rdly. He has been tried several times in No. Carolina for different crimes, condemned once, & broke Jail, &c. 4thly. He has made it a practice to keep people employed to steal Horses for him, forge bills of sale, put strange names to them, and by such conduct has several times escaped condemnation. 5thly. He has sold and bartered away several horses in this neigh- borhood, which have been claimed by other people afterwards, and car- ried away to the injury of several honest and industrious people. 6thly. He calls himself an inhabitant of Perquimous County in No. Carolina, and we know the people of that neighborhood, (especially those who own good horses), most ardently pray for his execution. After all the aforementioned circumstances, we are unanimously of opinion that he is a pest to society, a nuisance to the Commonwealth, and a proper object for example. We, therefore, confiding steadfastly in your Excellency's intention to do Justice to all good societies, now leave you to Judge & do the thing or things that are right towards that consummate Villain, Towe. We are with due submission & respect to your Excellency, incurragors of every species of virtue, honesty, and industry, and steady suppressors of villainy, all kinds of vice and immorality. We are, with unfeigned respects, Signed by order of the meeting. Y'r Excellency's H'ble Serv'ts. WILLIAM PERKINS, Sec'y. CALENDAR OF STATE PAPERS. 569 PROCEEDINGS OF A BOARD OF FIELD OFFICERS OF OHIO COUNTY. Agrecable to a request made by the Honorable General Wood, Esq., May 31st Lieut.-Governor of Virginia, we, the field officers of Ohio County do make the following Report, (to-wit): 1st. That this County forms a frontier of one hundred & thirty miles on the Ohio river; One hundred of which is inhabited. 2nd. That all the security we have for that extensive Frontier is Capt. McMahan's Company of rangers, consisting of forty-one men & twelve scouts. 3rd. We are farther of opinion that not less than two full Companys of Rangers, exclusive of the twelve scouts now in actual Cervice, are not more than adequate to defend our frontiers. 4th. That the powder furnished by Gen'l Government last year was so damaged as to render it unfit for any service whatever. We have yet near three hundred weight of Lead furnished by the state of Virginia & near two hundred & fifty pounds furnished us by the federal Govern- ment. 5thly. We farther beg leave to suggest as our opinion that four hun- dred w't of powder & two hundred w't of Lead are not more than suffi- cient to Defend our frontiers & to accomodate the Rangers. C DAVID SHEPHERD, C'y Lieut., EBENEZER LANE, Coll., BENJAMIN BIGGS. I have the honor to be, Sir, James Smith, a continental soldier, wounded at the battle of Guilford May 31st 17 Mar., 1781, allowed half pay by the Board of Auditors, and paid to 1st Jan'y, 1786. Extract from the pension book. Auditor's office, 31 May, '90. J. PENDLETON. SAM. A. OTIS, SECRETARY OF THE SENATE, TO THE GOVERNOR. 1792. Your Excellency's most obedient and Humble Servant. Sir, Agreeably to the order of Congress, I do myself the honor to trans- Office Secre- mit your Excellency a copy of the Journals of Senate of the United tary of the States. Senate I shall thank you for a line acknowledging the receipt of the copy. June 1st 72 570 CALENDAR OF STATE PAPERS. 1792. June 3d June 4th June 4th BILL OF FELIX WILLIAMS. The Commonwealth of Va., To Felix Williams, Dr.: To Travelling Express from Green Brier County to Richmond and re- turning, 500 miles. Virginia, to-wit: I do hereby certify the above Felix Williams was employed by me to carry the above express to his Excellency, and the distance is so computed. Given under my hand this 3rd day of June, 1792. H. CAPERTON, JAMES WOOD TO CAPTAIN WM. McMACHEN. Sir, West You will be pleased to augment your present Command by engag- Liberty ing on the same conditions, and for the same term of service two Ser- geants, two Corporals, and twenty-five privates; as soon as those men are mustered by Colo. Biggs, Ensign Joseph Biggs is to be promoted to the rank of Lieutenant, and William Willis is to take command as En- sign in your Company. The Posts which you at present occupy on the west side of the Ohio, I think, were well chosen. As to the Disposition: of the party now to be raised, I must say that you will Consult the County Lieutenant and Field officers, and in conjunction with them, es- tablish one or more posts which I wish to be on the West side of the River. (paid). I am, sir, Y'r Ob't Servant. ARCHIBALD WOOD'S BOND. Know all men by these presents, that we, Archibald Woods & Robert Woods, of the County of Ohio and Commonwealth of Virginia, are held and firmly bound unto Henry Lee, Esquire, Governor of the said Commonwealth, or his successors in office, in the sum of One thousand pounds Current Money of Virginia, to be paid to the said Governor or his successors in office, to which payment well and truly to be made, we bind ourselves, our heirs, Executors, or Administrators Jointly and severally, firmly by these presents. Sealed with our seals and dated this 4th day of June, 1792. CALENDAR OF STATE PAPERS. 571 Whereas the above bound Archibald Woods hath undertaken and contracts to furnish such of the Volunteer Militia now in the County of Ohio, or who may be hereafter stationed in the said County under the directions of the Executive authority of the State of Virginia, with Rations of provisions at their respective stations, each Ration to consist of One pound of beef or three quarters of a pound of pork, one pound of Bread or Flour, Half a Gill of Rum, Brandy, or Whiskey, and one quart of salt to every hundred rations; the price of a Ration to be Eight Cents. Now the condition of the above obligation is such that if the above bound Archibald Woods shall well and truly deliver the rations to the Troops now stationed, or hereafter to be stationed, at the usual and accustomed times of drawing, in sound and good condition, and for and during the terms of the engagement of the said Volunteer Militia, then the above obligation to be void, otherwise to remain in full force. Sealed & Delivered in presence of— ARCH'D WOODS, ROB'T WOODS. E. VANCE, JAMES WOODS. HOLT RICHARDSON TO THE Governor. Sir, } It appears that we have no militia Law now in force, and I am informed that the Negroes in some part of this County has very large night meetings at some white person's house, under the pretence of and when that is over they then begin to talk of Chewsing Delegates & a High Sheriff; what this means, I cannot find out. I have ordered all the Capts. or officers who commands Companies, to have patroles oppainted-some of them has made the oppointments, but the men will not obey & will not act, for they say there is no law to find them, neather for mustering or for patroling; therefore, they will not act, tho' some of the Capt. has acted themselves; that the men might act by rotation, but this will not answer, for if they have the least excuse, they will not attend, nor will not without there is a law to find them. I have ordered that every Capt. or officer Commanding Com- panies to make me a return of the strength of there companies; this I cannot have done, except by a few-therefore it is not in my power to make to your Excellency a general return. 1792. June 4th June 5th King Wil- ling Co. 572 CALENDAR OF STATE PAPERS. June 5th 1792. In case of an invasion we have no arms, tho' I am not under the least June 5th apprehension of such a thing, yet, if your Excellency thought fit that they might be drawn, I wood send for them according to our return for the County, & I wood be answerable for them, or return them whenever called for. I shall be glad of your advice how I am to act with the militia. There is some are willing to do there duty, but others will not, and those are cheafly the better sort of the militia. So I am at a loss what to be at, and shall weight for your answer, or your determination. I am, Sir, Your most obedient & very humble servant. A. LEWIS TO THE GOVERNOR. *** Sir, I beleive since my last letter to you, nothing worth relating has happened in this County. The Enemy find that no number of them sufficient to do any damage, can make their approach without being discover'd. Other counties not so well perhaps on their guard, suffer, particularly Kanahawa has very lately lost a considerable number of its inhabitants; also some killed in counties Joining Russell, but in the new Territory, and thought to be done by the Cherokees. I have been obliged to advance considerably to the Troops in geting necessary cloath- ing & in payment of good Rifles, not being pleased with musquets, and rather choose to purchase others out of their pay, which are stowed up and ready to return-I mean the musquets. There is a debt due from my Brother to Mr. Herron, of Richmond, and if the sum of Two hun- dred and fifty pounds can be advanced to him, shall be so much rec'd in settlement with my Troops, or if your Excellency would do me the favour to Speak to Mr. Herron, & inform him that it may be on a settle- ment drawn, he may rest easy; for if he should act with rigour in my absence, may be attended with much injury to myself and family. The uneasiness of having perhaps my property exposed, when my presence would prevent it, makes my service in defence of my Country more agreeable than it would. I am, sir, with respect, Your Exce'y's ob't Serv't. June 6th LETTER OF THE DIRECTORS OF THE FEDERAL CITY TO THE GOVERnor. Sir, Georgetown The demand for money in the Federal city increases; it is desirable, indeed essential for the credit of the Comm'rs, and the success of the work, that we should count on our own Funds to a certainty. CALENDAR OF STATE PAPERS. 573 · There remains behind Dollars of that part of the Virginia donation which was receivable for the last year. You will greatly oblige us, Sir, by informing us of the earliest day that we can receive it, and of the time that proper orders will be answered for the present year. The part of Maryland is subjected to, and is ready for our disposition. of it. 2 We are, Sir, with respect, CERTIFICATE OF RICHARD GAInes, Jr. Your Ob't, h'ble Serv'ts. . Charlotte County, sc: This day Claiborne Barksdale, a Comm'r for the aforesaid County, Charlotte Co. came before me, a Justice of the peace of s'd county, and made Oath that he was summoned by Edmund Read, then Sheriff of Charlotte, to attend at William Hubard's, late Sheriff in said County, with one other Comm'r, to value the property (agreeable to Law) of the said Hubbard's, then under execution by virtue of an execution, the Comm'th ag'st the said Hubbard for the Rev. Tax of 1789. The said Barksdale further declaring that the said Read attend himself at the day of sail, when their was only two Comm'rs met. We proceeded to the choice of a third to value the property of the said Hubbard then under execution. We were duly sworn by the s'd Sheriff, & the property valued & ex- posed to sail by the s'd Sheriff; their was no bidders for the s'd property. Given under my hand this 6th day of June, 1792. PROCLAMATION. 1792. June 6th This day personally came before me, (a Justice of the piece for the June 6th county aforesaid,) Capt. Richard Gaines, & made oath that he did attend Charlotte Co. at Col. Wm. Hubards as a Commissioner, in obedience to a summons from Maj. Edmund Read, late sheriff of this County, to value property to be exposed to sale to satisfy an execution of the Commonwealth against the said Hubard that there was property valued and exposed to sale by the said Read, as Sheriff, but there was no buyers. Given under my hand this 6th of June, 1792. FRANCIS SCOTT. June 6th June 7th By the Governor of the Commonwealth of Virginia-A Proclamation: Richmond Whereas the public interest demands that the General Assembly be convened before the time to which they stand adjourned, I have there- 574 CALENDAR OF STATE PAPERS. 1792. June 7th June 7th Morgan- town fore thought proper with the advice of the Council of State, to issue this my Proclamation, appointing the First day of October next, for the meeting of the said General Assembly, at which time their attendance is required at the Capitol in the City of Richmond. Given under my hand as Governor, and under the seal of the Com- monwealth at Richmond, the 7th day of June, 1792. Attest: LETTER OF WILLIAM LOWTHER. HENRY LEE. A. BLAIR, C. C. I have the Honour to be, Sir, D'r Sir, Agreeable to your request as to my part, as far as relates to my conduct, I will endeavor to give as near as my memory will serve at present, which is as followeth, to-wit: I have under my command by order from the Executive, (in Harrison County,) one Insign, two Ser- geants, two Corprils, and forty privates. I was also authorized to appoint two Scouts by the Executive, which I have complyed with, and by a letter received from Capt. McMachan of Ohio county was to appoint one more in addition to the two. Capt. McMahan also ap- pointed one in conjunction with the one 1 appointed by his orders, which four scouts is now under my command, two of which I have at the mouth of the Little Knaway, the other two on the frontiers of the West Fork Settlement. The Rangers I thought proper to submit the distribution to a Council of officers of Harrison, who advised me to station them in three Detachments, which I have done along the West Fork settlement, about forty miles, with a small deviation, to-wit: the little Knaway being an exposed part of the county, and a small station near the mouth. I sent a sergeant and Eleven men with the two Spyes or scouts, as above men- tioned. In Randolph County I have under my command a Lieutenant, two Sergeants, two Corporals, and Twenty-five privates, the distribution of which I also left to a Council of the Randolph County officers, which they have done as followeth. The Lieutenant and fifteen priveats including the Sergent & Corprial, in the upper end of the Valley, and a Sergent and Eleven men at Buckhanon Settlement. The two Scouts I was authorized to appoint for that County I have also made, and is now under my command with the rest of the Rangers of that place, &c. Your most obedient and Humble Serv't. CALENDAR OF STATE PAPERS. 575 COLONEL BENJAMIN WILSON TO HONORABLE JAMES WOOD. In complyance to the Requisition of the Honorable James Wood, the June 7th following Return is made. Morgan- town 1st. The strength of the Militia I cannot ascertain, the County Lieu- tenant having lately Resigned, and has put no official papers into my hand to enable me to answer, but believes about the number of 400 effective men. 2nd. The private arms and ammunition, the property of the militia are good; a number of arms are still wanting in order fully to supply those who have not been able to procure them by purchase. This Requisition I cannot exactly answer for the Reason above mentioned. 3rd. Public Arms and ammunition has been Received for the use of the County, But Believes some Lack in the quantity of the powder. To this Requisition I cannot fully answer for the Reason aforesaid. 4th. The arms that hath fell into my hands hath been put into the hands of the poor militia on the frontiers; a part of the Powder and Lead that I received were distributed to the respective Captains, and by them Divided to their Companys, with my orders to oblige their men to have the arms and ammunition carefully preserved, and Ready to Ren- der when called upon; unless expended in the public service of the County. The Flints I Received & Devided in same manner and under the same Restrictions. For want of papers from home, I cannot state the full quantity of Arms I Rec'd, nor the quantity of Ammunition. Some of the powder I have Received was also delivered to Capt. Low- ther by order of Col. Duvall. A small quantity of Powder I have on hand, and expects about 100 wt. of Lead. 5th. Two scouts I have appointed by order of General James Wood, who are now in service. STATEMENT AND RETURN OF MILITIA OF JACOB WESTFALL, COUNTY LIEUTENANT OF RANDOLPH. Agreeable to the Honorable James Wood's request, I do myself the pleasure to inform you that I am unfortunate enough to not have it in my power to give the nesery information required by your surcular letter to the Deferent officers of this State. As I have brought none of my papers with me. I Rec'd some Arms and Ammunition in 87 or 88, by order of the Executive of this State. I don't recalect of receiving any sence. The Armes is yet on hand, tho' some in bad repair. The ammunition is except a few pounds expended. The arms of the Militia I believe, is in good repair, tho' several have none. The number of the 1792. June 7th Morgan- town 576 CALENDAR OF STATE PAPERS. 1792. June 7th Morgan- town Militia I sopose to be about 175 or 200. Independent of the two scouts, Major Lowther of Harrison have ordered out in our County, it was recommended by a Council of officers to send out two more, which I have done accordingly. Morgan- town I have the Honour to be, Sir, June 7th JAMES WOOD TO THE COUNTY LIEUTENANTS AND FIELD OFFICERS OF MONONGALIA, HARRISON, AND RANDOLPH COUNTIES. Your obedient Humble Servt. " James Wood has the honor of presenting his respectful compliments to the County Lieutenants and Field officers of Monongalia, Harrison, and Randolph, now assembled. He thanks them for their politeness and attention in attending agreeably to his request. Previous to their meet- ing him in Council to day. He begs they will be prepared to give him information on the following points, viz: the strength of their respective Militia, with a state of their own Arms and ammunition, an account of Public Arms & ammunition which have been furnished from time to time to their respective counties; how this species of public property has been disposed of, and what parts still remain in store for public use; a return of the volunteer Militia now in service; the number of scouts. now employed; by whom appointed, under what authority; whether of the General Government, or by direction of the Executive of Virginia; How the Rangers are posted; are they considered as amenable to the County Lieutenants or to Captain Lowther? How are the Rangers supplied with provisions, and whether the Contractors have entered into Bond for the due performance of their Contract? June 7th JOHN Evans, County LIEUTENANT OF MONONGALIA, RETURN OF MILI- TIA, &c. In compliance to a requisition of the Honorable General Wood, the following are as near as I possibly can ascertain, not knowing that the same would be necessary, untill I arrived in town: 1st. The amount of the Militia exclusivo of officers, amount to seven hundred and thirty; the arms they possess are good, but few. The public arms-muskets; 100 distributed in the county to those who ware most exposed. The quantity of public ammunition that has been furnished, is out of my power at present to ascertain. It has from time to time been furnished to the Militia on duty, and to the Militia at diferent times; the quantity remaining on hand of powder is about six pounds-the lead CALENDAR OF STATE PAPERS. 577 By perhaps from 150 to 200 pounds yet remaining. The Rangers are as follows: One Lieut., two sergeants, two corporals, and twenty privates, and two scouts by order of the Executive of Virginia. The Rangers stationed on three posts, (to-wit): A sergeant and Eight men on Dunken creek; Lieut., two Corporals, and Eight men on papaugh creek; A Ser- geant and nine men on Buffalo creek. The Two scouts above mentioned, makes report to the officer com- manding the rangers of this county. The depredations comited on the frontiers of this county, and from frequent applications of the frontier Inhabitants, I was induced to call a council of the Field officers and as many of the captains as could conveneantly be convened; the result of which was that a Lieut. & 30 Militia was actually necessary to be ordered into service for the defence of the frontier; a part of which militia is in service, and hopes that the general, upon a reflection of the distance of the Frontier and the exposed situation of the county, will order that the said 30 Militia be contin'd in service-either with the Lieut. alluded to, or without these, are doing duty, but cannot inform you whether by authority of the general Government, or the Executive of Virginia. Capt. McMahan probably has mentioned this circumstance. I have the honor to be, sir, Gentlemen: Your mo. ob't, Hum. Serv't. J. PRESTON TO THE GOVERNOR AND COUNCIL. 1792. June 7th June 7th Fort Lee Capt. Newell, the Gentleman whom Mr. Kent has deputed to furnish my Company of volunteer militia with rations, has settled his Bluestone provision account with me for the last three months & procured receipts for the rations that has been furnished. He has been enabled to do this by satisfying the persons in whose houses seventy-four of my men were quartered, or by giving due bills to the officers & soldiers, who, at any time, might have furnished themselves & others for the amount of rations so furnished to be paid at the contract price. He now goes to Richmond with the hope of receiving his money from Government, which will put him in a situation to discharge these bills and comply with his contracts made with individuals for the supply of provisions. I hope the account not being settled in due form will be no bar to his being paid. I can conceive this could not be adjusted till the expiration. of the service a period too far distant for him to wait for the money he has advanced, or for those with whom he has contracted. We wish to know what shall be considered as the contract price for rations; whether it is eight cents or the price allowed the Contractor till the first of July by this Stato. 73 578 CALENDAR OF STATE PAPERS. 1792. June 7th It would be of singular service to my company & ease to the deputy contractor if two hundred and ten dollars could be advanced him; this would be sufficient to purchase provisions for them about one month. It would enable him to supply the troops with more punctuality & exactness than he has hitherto had it in his power to do from the want of money. I hope it will be advanced if not inconsistent with the pub- lic interest. Enclosed is an account of tools purchased by me of Capt. Newell for the use of the men, which I have paid him for, for which I hope on his return to be reimbursed. When the men are discharged these tools no longer of service to the public, they can be sold for nearly the sum they have now cost, I am gentlemen, with due respect, Your most Obt. H'ble Servt. ARTHUR CAMPBELL TO THE GOVERNOR. Washington, June 2, 1792. Sir, Your favour by Mr. Hawkins came safe to hand, that by Mr. Robert Preston, not until above two months after date. Your idea res- pecting the people between Walker and Henderson's Lines will be care- fully attended to, and I trust it will have a good effect. My son is going on with recounting his quota, having some difficulty to answer the objections made respecting rations and pay, from what has already taken place. If the first month's wages could be advanced shortly, I believe the remaining time would be served with more confidence in the public. This sum ought to be delivered to the officers that remitted quotas. As they are responsible for necessarys for the men, to fit them out for service, the remaining wages ought to be paid by a paymaster or some individual not interested to stop the soldiers pay for purposes of speculation. The northward Indians have hitherto confined their hostilities to Kentucky, where they act more furious than usual. It is acknowledged by some of the Cherokee Chiefs that three small parties are out to steal horses, and they may steal lives. That they are dis- orderly fellows, that they cannot restrain, and will be pleased if the white people kill them. These people have committed several murders lately in the bound of the S. W. Territory, but the inhabitants of Virginia have yet escaped, except a number of horses stolen in Powell's valley. Agreeable to the invitation in your letter, my son William has drawn for one hundred dollars. I have become responsible for two dollars to CALENDAR OF STATE PAPERS. 579 each man, to be deducted out of the first month's wages; the remainder will be needed to repair guns, purchase Tomhakes, large Knives (which answers the double purpose of a Knife & a durk), and shoes or Mockisons, and some other necessaries to enable the men to perform active services. I rejoice that you purpose to see the frontiers yourself. If you cannot, a nomination of some officer of the militia to superintend and report monthly the Conduct of the Captains might have a salutary tendency. For this District, perhaps none would be more suitable than Colo. Dan- iel Trigg, of Montgomery, who was formerly an officer in the Continen- tal army, and well experienced in Militia matters also. I am, Sir, with much Respect, Sir, Your most obedient servant. ARTHUR CAMPBELL, LIEUTENANT W. COUNTY, TO WILLIAM BLOUNT. Washington, June 6, 1792. Sir, I inclose you a copy of a law, with a proclamation of the Governor of Virginia, by the same conveyance. I am instructed to exercise the authority of the state, to the boundary usually called Walker's line. In this business, it is the wish of the Executive that the subordinate offi- cers conduct themselves in an amicable manner to the inhabitants over which North Carolina formerly exercised Jurisdiction, and with due re- spect to the authority of the government south of the river Ohio; these orders are perfectly consonant to my own feelings and sentiments. Therefore, Sir, if you have any objections to make to the change taking place, or anything to ask in favour of the people. It will be respect- fully attended to by me, and immediately reported to the Governor of Virginia. I am, sir, Your most obed'nt Serv't. A. CAMPBELL TO GOVERNOr Blount. Washington, June 7, 1792. Since my last I feel greatly relieved from what passed at your inter- view with the Cherokee Chiefs in the towns. Is the Big Acorns friends appeased, or may we expect retaliation? Can the Cherokee hunters be advised not to cross powell's river during the present war with the 1792. June 7th June 7th June 7th 580 CALENDAR OF STATE PAPERS. 1792. June 7th June 8th Northwards? I will have the line fresh marked by the troops on duty, from the river to the top of Cumberland mountain, and should you Judge it useful, a correspondence and intercourse by patroles will be kept up between your post near the end of Clinch mountain, (I wish it was on ye River) and over near Cumberland Gap. This may prevent a repetition of the same mistake that happened to ye Big Acorns party more effectually guard our Inhabitants, and ensure the safe passage of the mail on this side the Kentucky boundary. I am, Sir, &c. K ARTHUR CAMPBELL TO HENRY LEE. Washington, June 8, 1792. Sir, In last month I made a tour as far as Cumberland Gap. In the way either going or returning, I conversed with most of the influential char- acters between what is called Walker's & Henderson's lines, and believe that during the course of the summer all will fall in with the change. Their vicinity to the seat of the Southwestern Government, various local conveniency, and an exemption from the payment of taxes are induce- ments to continue; besides a publication in the Knoxville Gazette of March 10th last, said to be the production of Governour Blount, are the reasons usually mentioned against becoming citizens of Virginia. I enclose a copy of my Communication to the Governor of the S. W. Territory with an intention to know whether he will approve or disap- prove of the change. In a former letter, I mentioned that a new road might be made from this County to Kentucky, and the Miami Settle- ment; that would lessen the distance considerably, be more safer, and a better way. Since I have made enquiry at several Woodmen that have lately traveled ever the unfrequented part of the way, and from their information, the conveniency and advantages are more than was first thought of, especially to the operations over the Ohio. But I suppose a Pennsylvania General will hardly countenance the opening and use of a road that may eventually facilitate our intercourse with the Western Indians, and of course enable Virginia to Share with that State the profit of the fur Trade. This is a distant consideration, But the saving to the Public Treasury during the present Indian War ought not to be overlooked. I have the honor to be with much respect, Sir, Your most obedient Servant. CALENDAR OF STATE PAPERS. 581 GENERAL JAMES WOOD TO COLONEL JOHN EVANS. Sir, The charges of which the enclosed is a copy has been exhibited against you by John Davis, Esq. It has become my duty to lay them. before the Governor and Council of state on my return to the seat of Government. In the meantime I think it but Just that you should be made acquainted with the charges. I have the honor to be very Respectfully, Sir, Your very Ob't Serv't. General JAMES WOOD TO JOHN DAVIS, Esq. I have the honor to be with Esteem, Y'r mo. Ob't Serv't. 1792. June 8th Morgan- town Sir, town I am honored with your letter of this day's date; the charges which Morgan- you have Exhibited against John Evans, Esq., as County Lieutenant of Monongalia, will be submitted to the Governor and Council of state on my return to the seat of Government. I shall in the meantime furnish Colo. Evans with a copy of the charges. June 8th J. WOOD TO THE BOARD OF OFFICERS. town The Board of Officers who stand adjourned to 10 o'clk this morning, Morgan- will be pleased to take into their consideration the memorial of sundry Inhabitants of the county of Monongalia complaining of Neglect of duty in the Scouts & Rangers now in service. The Board will investi- gate the charges of the complainants, and report the evidence and facts with their opinion thereon, so soon as they shall have completed the same. June 8th Gov. HENRY LEE TO THE CLERK OF THE COUNTY COURT OF YORK. June 8th Sir, I beg leave through you to communicate to the Worshipful Court of Richmond the county of York, my ideas respecting the regulation which governs the Executive in commissioning Justices of the Peace; in obedience to which regulation, the clerk of the Council in my absence, returned the 582 CALENDAR OF STATE PAPERS. 1792. recommendation received from you, with the necessary information June 8th thereon. It appears that this was duly communicated to the court, who were pleased to direct a copy of the original recommendation to be again forwarded to me. From this I infer that a doubt exists in the court as to the constitu- tionalty of the usage established by the Executive. It is my wish to remove this doubt, least an adherence to an erroneous opinion may pro- duce inconvenience to the county of York. I acknowledge the consti- stution to be the only guide for the officers of the Commonwealth, and that it is the duty of all good citizens to resist the usurpation of power by any branch of the Government. Could I, therefore, consider the regulation of the Executive on this point repugnant to the constitution, I should not hesitate in relinquishing it instantly. But the reverse is in my Judgment evident. The words of the Constitution are, "The Governor with the advice of the privy Council, shall appoint Justices of the peace for the County, and in case of vacancies or a necessity of increasing the number here- after, such appointments to be made upon the recommendation of the respective County Courts." Thus originally the appointment of Justices of the peace was vested in the Executive alone, and in cases of vacancies or a necessity of encreasing the number hereafter, such appointments to be made upon the recommendation of the respective County Courts. To know the vacancies which take place, and to Judge of the necessity of increasing the number of the Justices of the peace, it became indispensable to require from the respective Courts a list of the deaths, resignations, and removals of Magistrates, accompanying their respective recommenda- tions. To secure an impartial appointment, experience dictated the propriety of requiring that a majority of the acting Magistrates should be on the bench, and that a certificate from the clerk to this effect, should attend the recommendation, for it sometimes happens that factions prevail among the Justices, and a regard to personal views rather than the public good have guided the recommendation. The department authorized to commission and to Judge of the neces- sity of the increase of the number of Magistrates, must also have the power to establish such regulations as tend to the acquirement of the information necessary to their right conduct. A reference to the Constitution clearly shews that the authority above recited is vested in the Executive, and this being the case, the regulation of the Government on this subject cannot be deemed uncon- stitutional. I hope my explanation will be satisfactory to the Court, for whom I Entertain all due respect. I have the honor, &c. A copy from the Letter Book. Attest: SAM'L COLEMAN, A. C. C. 1 L CALENDAR OF STATE PAPERS. 583 RESOLUTION OF YORK COUNTY Court. RO. H. WALLER, C'y C. York County Court the 16th day of July, 1792: The Court took into consideration the Governor's letter addressed to June 8th the Clerk of this Court, and after some deliberation thereon came to the following resolution: The County Court of York, in answer to the letter from the Governor on the subject of the recommendations of Magistrates, observe that it is their opinion that under the constitution the Court alone have a right to Judge of the necessity of an increase of Magistrates, and of persons proper to fill up vacancies. They farther conceive that it would he shrinking from a duty the Constitution and their oath impose on them to do anything but to require the appointment conformable to their Recommendation. And it is ordered that the clerk of this Court transmit a Copy of the foregoing Resolution to the Governor. Copy-teste: 1792. JACOB WESTFALL, C. L R. C. BENJ. WILSON, Colo. H. C. GEO. JACKSON, L. Colo. of Hor. DAVID SCOTT, Lt. M. C. EDW. JACKSON, L. Colo. R. JAMES HANIWAY, Maj'r. REPORT OF COURT OF ENQUIRY. June 8th town In compliance to the Request of the General Honorable James Wood, Morgan- We, whose names are hereunto annexel, have taken into consideration the Memorial of Sundry Persons of the County of Monongalia. Upon hearing the Memorialist and the Evidences Brought before us, we have upon Mature Deliberation, Considered such charges as Come before us, not to be fully supported, and at the same time would not wish to Dis- courage the good people of this State from Coming forward with their Complaints against the officers of Government, Provided such complaints are made upon Just and supportable Principles. FURTHER PROCEEDINGS OF BOARD OF OFFICERS AT MORGANTOWN. To the Honorable General James Wood: The Request of the officers of Monongalia, Harrison, & Ran- Morgan- town June 8th 584 CALENDAR OF STATE PAPERS. 1792. June 8th dolph Counties, most Humbly represents That the County of Randolph stands in need of five volentier Militia, In addition to those heretofore ordered into service. Signed by the Field officers Present― JOHN EVANS, Lieut. of M. C. JACOB WESTFALL, Lt. R. C. BENJ. WILSON, Col. H. C. GEO. JACKSON, L. Colo. DAVID SCOTT, EDW. JACKSON, L. Col. R. Sir, June 8th town You will be pleased to take under your immediate command the Morgan- Detachment of Captain McMachen's company commanded by Lieut. Evans, which is to be augmented by the enlistment of two Sergeants, two Corporals, and twenty-five privates, in which Detachment Levi Morgan is to take rank as Ensign. For the present, the whole of this party is to be posted agreeably to the advice of the Board of Field officers, who made a report on that subject yesterday. I consider that the safety of the exposed Inhabitants depends much on the Vigilence and fidelity of the Spies employed in the counties of Harrison, Monon- galia, and Randolph. To your superintendence and command they are committed. It will therefore be necessary for you to give them pointed Instructions as to the manner of performing their duty. To you they are amenable, and may be removed by you for neglect of duty. Be pleased to instruct all your officers to communicate to the county Lieu- tenant or commanding officer of the Militia every intelligence they may receive as to the movements or approach of the Enemy. I am happy to find that you stand high in the public estimation. Your thorough knowledge of the service renders any particular instructions from me unnecessary. I would therefore only suggest it as my opinion that it would be proper to direct all the officers under your command to keep a regular Journal of their proceedings, to be submitted to your examina- tion whenever you call on them for that purpose. If the good of the service should require it, you will change or make any alteration in the position now taken, and when you find it neces- sary, reinforce any particular post by drawing part of your command from those less exposed. You will be pleased to increase your number of spies in Harrison to Ten. In the selection of proper persons, you will procure the concurrence of a majority of the Field officers. You will likewise add two scouts to those now in service in each of the counties of Randolph and Monongalia, and add five privates to your company of Volunteer Militia, to be posted at an exposed part of the Frontier of Randolph county. CALENDAR OF STATE PAPERS. 585 1 ·JAS. BAYTOP TO THE GOVernor. I have the Honor to be, Sir, The defenceless situation of most of the Counties in this State, & June 9th particularly those who have the Blacks in the greatest number, seem to claim the attention of the Executive. The late insurrection on the Eastern Shore of that class of people have alarmed the Counties of Greenbrier & Mathews, and we entreat that the Executive will put arms in our hands that we may use them in our defence, or at least suppress their wrong intentions by a shew of force. Your Excellency's most obt. BENJ. BERRY, JR., TO JAS. WOOD, ESQ. I am Sir, Sir, The inclosed is a true Copy of two reprieves which came up for Winchester William Johnson, & as their appears to be a mistake, one being dated the 28th day of May, & the other the 28th day of July, I wish some direc- tions how to proceed in executing the Criminal, or rather to know which Reprieve we are to be directed by. Your Humb. Servt. Virginia to-wit: To all to whom these presents shall come, Know ye that I have thought fit, with the advice of Council, to reprieve William Johnstone, who was condemned to death for felony by the late court held in Winchester, untill the first Friday in July next. Given under my hand as Lieutenant-Governor, in the absence of the Governor and President of the Privy Council, being the first Privy Councillor present, & under the seal of the Commonwealth, at Richmond, this 28th day of May, one thousand seven hundred and ninety-two. 1792. June 9th 74 586 CALENDAR OF STATE PAPERS. 1792. June 9th June 10th Suffolk June 11th Richmond Virginia to-wit: To all to whom these presents shall come, Know ye that I have thought fit, with the advice of Council, to reprieve William Johnstone, who was condemned to Death for Felony by the late District Court, held in Winchester, untill the first Friday in July next. Given under my hand as Lieutenant-Governor, in the absence of the Governor & president of the Privy Council, being the first Privy Coun- cillor present, and under the seal of the Commonwealth, at Richmond, this twenty-eighth day of July, one thousand seven hundred and ninety- two. Sir, CHARLES MOSS, JAILOR, TO THE GOVERNOR. Sir, It becomes a duty incumbent on me to inform your Excellency that on the night of the 11th instant, William Towe, a prisoner confined in my custody as keeper of the District Jail at this place), under sentence of Death passed upon him at the last District Court for Horse-stealing, made his escape out of the said Jail. I am your Excellency's most H'ble Serv't. RICHARD PARKER TO THE GOVERNOR. Upon reflection and examining the orders of the General Court, I find I was mistaken in the case of Dowdle. He was before Mr. Mercer and myself at the first district court held at Dumfries, but he was not convicted of the offence of coining base money, but acquitted by the Jury alto. the court were clearly of opinion he was guilty. He was again found guilty of a crime of the same nature at the Dis- trict court of Dumfries at the term before the last. I can give no account of the Evidence that appeared against him then, as I was not there & had only to pass sentence ag. him the last term. I have the Honor to be with great Regard, Sir, 41, Your H'ble Serv. CALENDAR OF STATE PAPERS. 587 Sir, J. PRESTON TO THE Governor. Your Excellency's orders to me of the 8th May, with a copy of your letter to Capt. Lewis are now before me. The purport of both I bave viewed, and such parts of the letter as affect me I have applied them. I can assure you, sir, that nothing but necessaty & the importu- nities of the frontier inhabitants, but particularly the former could have induced me to distribute any part of my men among the different fron- tier. families. I was as averse to that measure as any man on earth could be, tho' as I observed it was necessaty that most forcibly dictated the measures at that time. The contractor, notwithstanding every exertion he made, could not supply the whole of my Company-only twenty-four of my men were thus dispersed, & these so near each other that in one or two hours they could be collected together fully prepared to march wherever they might have been commanded; the rest I had in two small Garrisons which covered the settlements commanded by my Lieutenant and Ensign and occasionally by myself-from both of which, as well as from the detach- ment which was quartered in the houses of the citizens, daily ranging parties were sent; (by each of which) those common precautions known to every man, & which danger points out, has been duly observed; that of keeping out centinels to prevent surprise, & also patroles & Guards have keep up about the Garrisons; the men who are billeted will be also drawn into Garrison, now beef is fit for use. The mode suggested by you that of ranging & holding one position for a few days together only, I will also try, having my Garrisons in case of the approach of a large body of the Enemy, to retire to, or to answer at other times when we return from these long scouts as a rest- ing-place for the troops. We shall then be obliged to use packhorses & procure tools; the charge of which appears not to be provided for. However, I have ventured to purchase the tools on a presumption that Government will reimburse the expence. The augmentation of scouts to my company will be made when needful. At present they are not wanted, as by exertion & attention to their duty, (which I from them,) the men now employed can do the business. I dread the expence we shall be to Government, and will only touch the public money when it cannot be avoided, nor employ any one unnecessarily. I have the happiness to inform your Excellency that the enemy have done no damage on that quarter of the Frontier in which I command, nor has any sign been discovered only of a small party, (perhaps two), who either from the approach of one of my rang- ing parties, or the appearance of so much sign of men, as we make by daily ranging, left the country in haste, without doing any mischief. 1792. June 11th Clinch, Wythe Co. 588 CALENDAR OF STATE PAPERS. 1792. June 11th June 11th Suffolk June 14th Sullivan Co. The fall of a heavy rain prevented our pursuing them far, or as closely as we intended. Nothing worthy of your attention has happened as yet on my Frontier, otherwise I would have taken some opportunity to have conveyed it to you. I shall never neglect to give such intelligence to your Excellency as I may deem worthy your notice, while I remain to be with the utmost regard, Your Excellency's most ob't h'ble Serv't. THOMAS WISHART TO THE GOVERNOR. Worthy Sir, This will inform you that the Grand Horse Thief, Wm. Towe, made his escape last night from Suffolk Jail, you will (I hope) par- don the liberty that I have taken in giving you this information as it is in- tended to answer a good purpose. If there was a possibility of his be- ing pardoned it is most earnestly wished here that it may be kept secret as he will quit the place altogether. But as he has been taught to be- lieve by some people in this neighborhood that he would not be executed under the last sentence, we have reason to suppose he will be lurking about the country, &c., until the event of his petition is known. It has been mostly the wish of the people of this county, and also of those in Carolina, (from whence he came), that he should not be pardoned, as his character is so well established as one of the most noted Villains upon Earth. Should your Excellency think proper to aid his flight by a proclama- tion, I hope you will in some measure regard a small description I am about to give of his person. He is about five feet Eight or ten inches high, small limbs, but straight and well made for activity; dark hair, thin face, and a brown complexion; he is very talkative, and uncommonly artful. Should your Excellency not recollect me, I refer you to my worthy friend, the Attorney-General, Mr. Jno. C. Littlepage, or to Mr. Sam'l Greenhow, in & about Richmond. I am with unfigned respects, Your Excellency's most obedient & very H'ble Serv't. GILBERT CHRISTIAN TO COL. ARTHUR CAMPBELL. Dear Sir, Some days past I received a letter from you, requesti ng me tʊ inform you whether Governor Blount had gave special orders to me to draft between Walker's & Henderson's lines. Sir, my orders is to draft CALENDAR OF STATE PAPERS. 589 the men required from the county of Sullivan, which I conceive extends from Henderson's lines, from every thing I have seen or knows, respect- ing that matter, for when Assembly of North Carolina passed the cession Act, that part was claimed by North Carolina, but after they passed the s'd cession Act, and at the same Assembly they passed a Resolve, giving up that part to Virginia with a condition Congress would consent to it, which has never been done as I know off. I have seen a proclama- tion from the Governor of Virginia, informing the people in that bounds that the Assembly of North Carolina passed such a Resolve, and at the next year's Assembly they apointed a committee to confirm the s'd Resolve, which they did, but Congress had received the Cession Act before that several months, and apointed and Commissioned Governor Blount to exercise his authority over the ceded Territory. I cannot see what right North Carolina had to say any thing about our Territory without our consent or the consent of Congress, for the Constitution says the people is not to be bound by no law, but by their own consent. Either by themselves or by their representatives in General Assembly. So, Sir, I aprehend the State of Pensilvenia had as great a right to have confirmed the aforesaid Resolve as the State of North Carolina. If the Executive of your State had mentioned in the Proclamation a confirmation of the Resolve aforesaid by Congress, it might been con- sidered authentick, but as it is I cannot conceive it so. From your friend and well wisher. W. FOUSHEE TO THE GOVERNOR AND COUNCIL. To his Excellency, the Governor, & Honbl. the Executive: The Petition of William Foushee, of the City of Richmond, humbly showeth That on the 30th of April last, your petitioner was applied to by Mr. Wright Southgate to let Joe, the person condemned in the annexed Record, go down to a magistrate as a witness against Allen, the person in the other annexed Record, who Joe had informed him (Mr. Southgate) the Robbery on the store a few days before, had been commited by; that this being readily granted, the Examining magistrate thought it right to commit them both, which was done in one warrant, on Suspicion of Felony; that your petitioner understood & believes that Joe's information against Allen led to the charge & discov- ery of a Robbery said by Allen to have been committed by Joe several months before, & that Allen was the only witness who gave positive Testimony against Joe on the trial; that your petitioner not knowing when the trial would come on (until two or three hours before it did take place), altho' he made application to Mr. Southgate several times for 1792. June 14th June 14th Richmond 590 CALENDAR OF STATE PAPERS. 1792. June 14th information, who always answered he did not know, & which your peti- tioner believes was truly the case; and that when informed as above, it was by accident and as your petitioner was going out of Town, & could not therefore attend the trial, so that no defence was made for Joe; that your petitioner has subsequently made every enquiry by himself, & re- quested others, (to-wit, the magistrates of the city), to do the same, & has not been able to obtain information of the smallest charge of a Felo- nious offence, or indeed even of a Pilfer having ever been affixed to the said Joe other than the one on which he stands now condemned, & tho' the positive Testimony of Allen with some light circumstances which your petitioner cannot think at all material, satisfied the Magistrates in passing the said sentence; yet, as Allen was the person first informed against, & whose testimony was relied on, & who was afterwards burnt in the hand, & no felonious disposition appearing, on enquiry, to have existed in the mind of Joe from any act whatever, this charge excepted. Your petitioner is compelled to think his guilt not evident, or, if guilty, that it is the first offence; & your petitioner is so thoroughly convinced herein, that he is emboldened to ask a pardon for the said slave Joe; & this he trusts will not be considered by the magistrates as any censure on them, declaring that he means none, & that the few circumstances herein mentioned have necessarily been as he conceives in order to make that Just representation to your Honors which the nature of the case requires, & which your petitioner considers himself in duty bound to make in discharge of that protection & solemn obligation in such Cases due from a Master to his slave; to which may be added those feelings of Humanity which will arise in every mind where the accused, on the best information to be Obtained, is thought not to deserve the last & severest rigor of the law, but more particularly as in the present case, where the condemned is believed to be innocent of the charge. And your Petitioner will ever pray. June 14th City of Richmond, sep: Whereas Joe, a negro man-slave, the property of Mr. William Foushee, and Allen, the property of Mr. Wright Southgate, of the city, was this day, the 30th of April, committed to the Jail of this City by my warrant for suspicion of Felony wherewith they stand charged. Therefore, on behalf of the Commonwealth, I require you that you sum- mon the Magistrates of said City to meet at the Courthouse on Satur- day the 5th May, at the hour of 11 o'cl'k in the forenoon, to hold a CALENDAR OF STATE PAPERS. 591 court for the trial of said slaves, as by law required and directed; and that you have then there this warrant. Given under my hand & seal. A copy-Teste: To the Sergeant of the City of Richmond. JOHN CUNLIFFE, [Seal.] ADAM CRAIG, C'k R. H. C. At a Court of Oyer and Terminer held for the City of Richmond, at the Courthouse on Saturday, the fifth of May, 1792, for the trial of Joe, a negro man-slave, the property of Doctor William Foushee, charged with Burglary in feloniously breaking and entering in the night time, the storehouse of Mr. Wright Southgate in this city, and taking there- from a sum of money to the amount of Ten pounds and upwards. Present-John Barret, Gent., Mayor; Andrew Ronald, Gent., Recorder; Alexander McRobert, Robert Gamble, Robert Mitchell, David Lambert, & Jno. Lyne, Gent., Aldermen. The Prisoner was set to the Bar in Custody, and on his trial pleaded not guilty to the charge with which he stands accused; whereupon, sundry Witnesses were sworn, charged, and examined, and the prisoner heard in his own defence. On consideration whereof, It is the opinion of the Court that the said Joe is guilty of the charge aforesaid, and for the same that he be hanged by the neck until he be dead; and it is commanded the Sergeant of this City that he cause execution of this Judgement to be done at the Gal- lows to be erected within the said City, on the second Friday in June next, being the Eighth day thereof, between the hours of Ten in the morning and two in the afternoon of the same day; and thereupon, the said Joe is remanded to Jail. The Court value the said slave to Eighty pounds. The minutes of the foregoing proceedings were signed, A true copy from the minutes. Teste: JNO. BARRET, Mayor, AND'W RONALD, Recorder. (( A. MCROBERT, RO. GAMBLE, ROB'T MITCHELL, D. LAMBERT, JNO. LYNE, (C (( k (( ADAM CRAIG, C. R. H's C. The above Trial preceded that of Allen which was on the same day. 1792. June 14th 592 CALENDAR OF STATE PAPERS. |-- 1792. June 14th June 14th 1 At a Court of Oyer and Terminer held for the City of Richmond, at the Court house on Saturday, the fifth day of May, 1792, for the trial of Allen, a negro man-slave, the property of Mr. Wright Southgate, charged with felony in entering the store house of the said Southgate, and tak ing therefrom Money to the amount of three pounds, twelve shillings. Present.-John Barret, Gent., Mayor; Andrew Ronald, Gent., Recor- der; Alexander McRobert, Robert Gamble, Robert Mitchell, David Lam- bert and John Lyre, Gent. Aldermen. The Prisoner was set to the Bar in custody, and on his trial pleaded not guilty to the charge with which he stands accused; whereupon sun- dry Witnesses were sworn, charged and examined, and the prisoner heard in his own defence. On consideration whereof, It is the opinion of the Court, that the said Allen is guilty of the charge afore, and for the same, that he be burnt in his left Hand, which being done in open Court it is further ordered that he receive Twenty-five Lashes on his bare back at the publick whipping post, well laid on by the Constable, and that he be then discharged out of custody. The minutes of the foregoing proceedings were signed, A true copy from the minutes, Sir, Test: JNO. BARRET, Mayor. ADAM CRAIG, C. R. H's. C. ROBERT GOODE AND OTHERS TO THE GOVERNŎr. Richmond Agreeable to your request, we beg leave to Lay before you and the Council, a copy of our proceedings respecting the contract with Moses Austin & Co. No. 1 is a copy of our Resolutions of the 8th day of May last. No. 2 is a copy of a letter of the 12th inst. Besides the preced- ing, frequent applications have been made.at various times since the Roof was supposed to be finished, and since the said Moses Austin & Co. received payment agreeable to the Directors of the Assembly, and the Directors have been uniformly armed with promises of complyance on their part. Mr. Bates and Mr. Morgan, who have now the manage- ment, have informed us this morning, that as soon as the weather per- mits they will set about the work. In the present state of the Roof the Directors conceive that some decisive measures should be taken, & beg the advice of the Board therein. CALENDAR OF STATE PAPERS. 593 ! Mr. Minor will soon furnish the entablature, & it is indispensibly necessary to convey the water from the outlets of the Roof by wall pipes of Lead; it will also be proper to plaister the ceiling of the por- tico to prevent the wind from displacing any part of the Entablature. For these the Directors have no funds, & they beg the Executive to consider whether they can enable them to proceed in the work. No. 3 will show the sum that is necessary. I have the honor to be very Respectfully, Sir, Your must ob. Serv'ts. No. 1. At a meeting of the Directors of the Public Buildings held at the Senate Room the 8 day of May, 1792: Present: Richard Adams, Robert Goode, William Foushee, & William Hay. The Directors having taken into consideration the present state of the Capitol, & a proposal from John Emery to compleat the same, & repair the Gutter, in terms of his contract with Moses Austin & Co., & agreeable to Moses Austin's & Co. contract with the directors, Resolved that unless the said Moses Austin & Co., upon application to them made, do immediately compleat the Roof & Gutters in terms of their contract, that the said John Emery be employed to do it at the expence of the said Moses Austin & Co., so far as respects the materials & a Labourer, The said Emery devoting his own services without any charge to the Public. Resolved that Rabney Minor be directed to whitewash the Pedestals upon the top of the Capitol, & the Pilasters with Stone Lime, with a mixture of Lamp black to give it the resemblance of stone, & that Nich- olas Voss, for Edward Voss, be required to fill up the putlock holes, while he may do it conveniently by the means of the scaffolding erected by Dabney Minor. (Signed) No. 2. RICHARD ADAMS, For the Directors. Richmond, June 12, 1792. Gentlemen, The great injury which the Capital has sustained, & is daily sustaining by your failing to make the Roof tight, obliges me in the 1792. June 14th June 14th June 14th 1 75 594 CALENDAR OF STATE PAPERS. 1792. June 14th June 14th - } name of the Directors, to inform you, that unless you do without delay stop the leak & complete your contract, your Bond will be put in suit, in order to recover of you Damages adequate to the injury which the Building has sustained. Applications have frequently been made to you without effect, & the proposal of Mr. Emery has been communated to you, with which, from its Reasonableness, it was hoped you would comply, but still the com- pletion of the roof is delayed. His Excellency the Governor, sent for me to-day in order to observe the ruin caused by the defects in the covering; no alternative remains but to employ some able workman to do what you have failed to do, & to recover on your Bond all Damages incident to your contract. You will please therefore to attend to this communica- tion, & return your answer in three days. I am on behalf of the Directors of the Public Buildings, Gent., Your most ob. Serv't, WM. HAY. Messrs. Moses Austin & Co. or their manager in Richmond. No. 3. Statement of the expence of the wall pipes, the plaistering of the Ceil- ing, & the covering of the Pedestal cornice: 4,000 lbs. Lead for 8 wall pipes @ 9d. p. lb., 450 y'rds of Plastering in the Ceiling of the Portico @ 28, 6d., 3 Tons of Lead for covering the Pedestal Cornice & work- manship, £150, Os, Od. 56, 5 0 138, 0 0 £344, 5s, Od. N. B.-The Directors have received no proposals from Mr. Emery about the Lead & workmanship, or from Mr. Kay about the plaistering, & therefore the measurement & price of each in the above estimate is put down upon the best information the Directors can now obtain. The covering of the Pedestal may be delayed until the Assembly meets, but the other two appear to the Directors to be indispensable at present. CALENDAR OF STATE PAPERS. 595 • REWARD FOR WILLIAM TOWE. By the Governor of the Commonwealth of Virginia-A Proclamation: June 14th Whereas William Towe, who was convicted of Horse-stealing at Richmond the last District Court held at Suffolk, hath made his Escape from the Jail of the said District, I have therefore thought fit, by and with the advice of the Council of state, to issue this my Proclamation, offering a reward of One hundred Dollars to any person who shall apprehend and deliver to the Jailor at Suffolk the aforesaid Criminal. Given under my hand as Governor, and under the seal of the Com- monwealth, at Richmond, this 14th day of June, 1792. [Seal.] HENRY LEE. The above-named William Towe is about 5 feet, 8 or 10 inches high, small limbs, but straight and well made for activity, dark hair, thin face, and a brown complexion; he is very talkative, and uncommonly artful. HENRY BANKS TO THE GOVERNOR. I have the honor to be, Y'r Excellency's most ob. serv't. Sir, I have the honor to refer the inclosed to the Executive, and as diffi- Richmond culty or injury may attend any Liquidation, it is proposed that the Treasurer be directed to make the payment in Tobacco agreeably to the Decree, or if that cannot be done, that the Auditor be directed to issue warrants for the Tobacco to be rec'd by the Treasurer from Sheriffs and others in payment. To this I am the more induced, as I wish to appropriate a part to a payment due from Mr. Dixon, of Gloster, and a part toward a Balance due from the Estate of Gerard Banks, formerly a sheriff of Stafford. LIST OF PUBLIC ARTICLES SOLD THE 17TH JUNE, 1792. 500 lbs. weight of Rifle & Fuzee barrels, @ 15s., 217 Holsters & Sword-Belts, 2 p'r Spears, & 2 pair lb. Twine 4d., 16 y'rds, 5s, 4d, • 180 lbs. Sulphur @ 19d, 34s, 2d, 11 lb. Thread, 4d, £3, 15s, Od. 2, 0 0 7 8 1, 18 2 1792. June 16th June 17th 596 { CALENDAR OF STATE PAPERS. 1792. June 17th June 18th 6 oxen £25, 1s, 0d, 113 Stump-Irons, 12s, 1 wagon cover, (old), 4s, - 58 mail pillions, 5 & 1s, 1 cross-cut saw, 7s, 6d, 1 whip saw, 10s, 1 sett of wagon wheels, 72s, 113 oz. Callimel, 5s, 4d, 310 Hooks & Eyes, 1s, 3d, 6 bot- tles m. Drops, 1s, ld, 31 lbs. Epec. @ 1s, 6d, 1 p'r old money-scales, 2s, alloes & antimony, 30s, 90 p'r overalls, £11, 50s, 100 Coats, £50, 0s, Od, 38 Coats-Damaged & of inferior quality, 356 vests @ 2s, 8d, £47, 9s, Od; 95 do. inferior @ 2s, £9, 10s, Od, 244 ditto., do., 15 ordenary Sarg't Jackets, @ 1s, 6d, 400 Horseman caps, 76 Ditto damaged, 1,500 lbs. old Gun-Barrels, 1,000 lbs. ditto, 500 lbs. old Locks, &c., 1 Negro man, David, Gu I יו t I 25, 17 0 3, 15 6 3, 12 0 7 7 1, 13 6 61, 5 0 12, 8 0 57, 2 0 32, 10 8 1, 2 6 20, 0 0 1, 18 0 15, 0 0 8, 11 6 5 0 66, 0 0 £319, 9s, 1d. Excepted. The above is a true statement of the am't of sales made by Elias Langham, Superintend't for the State of Virg'a, on the 17th of June, 1792. The several articles being sold in small Lotts to suit purchasers, and the several prices entered and carefully averaged and entered above. JOHN MCDONALD. ARCH'D WOODS TO LIEUTENANT GOVERNOR JAMES WOOD. D'r Sir, Sorry I am to trouble your Honor & the Executive with busi- ness of a small magnitude. However I am under the necessity of informing you that it is a matter of controversy Between Capt. Mc- Mahan & myself, with respect to the Rations, in particular the quart of salt; whether I as contractor, am to furnish a quart of salt to every hundred Rations, or one only to every hundred of Fresh provisions. Now, Sir, you know that 15 lbs. of Pork makes 100 Rations, b. to the Ration, & it appears unreasonable that the like quantity of salt should be issued to 75 lbs. pork. If salt already that is issued to 100 lbs. of CALENDAR OF STATE PAPERS. 597 1792. Beef Fresh, when we generally put in of a Bushell of salt in every Barrell of salt pork when first salted, or Beef, or upwards. I proposed June 18th leaving the matter to custom, or to the contract made by the Federal contractor, but Capt. McMahen would not, & I have appealed to those that have heretofore furnished in this country. It appears they have not, so I conceive I have not a right so to issue without the Executive should order me, in which case, I should conceive very hard, however, I submit the matter to you, & hope you will consider the matter and Let me know what is right to be done in the present case. No news worth relating, only the present company of Rangers in this county is nearly completed by Ensign Wills: and some few indians have made their appearance in our Casts since you ware with us. Please excuse hast, Sir. T I am, Sir, with due respect, Your ob't humble Serv't. J. PENDLETON TO THE Governor. Sir. I have the honor of enclosing the Liquidation of Mr. Banks to b’ce claim w'ch was submitted to the hon'ble the Executive last Saturday, and w'ch, under the 1st of second section of the Revenue Law of '88, (Chap. LXXX), seems to have been pertinently submitted to them. I enclose the papers respecting the claim of Mr. Banks, settled by order of the hon'ble Board, the 23rd May, 1789, to shew that the account is commercial. The sum Just now allowed by the chancellor being part of that claim. I have the honor to be with respect, Y'r Ex'y's most ob. Serv't. A. WAGGENER AND MOSES HUNTER TO THE GOVERNOR. Berkeley County, 14th June, 1792. To Henry Lee, Esquire, Governor of Virginia, and the Honorable Gentle- men of the Council: Gentlemen, Suffer us at this time to solicit a pardon for John Crane, who is under sentence for the death of Abraham Vanhorn. It is our opinion, as well as the opinion of many others, that there are circum-- June 19th Auditor's office June 19th 598 CALENDAR OF STATE PAPERS. 1792. June 19th stances attending the unhappy cause of this affair, which ought strongly to recommend the unfortunate prisoner to your notice and serious atten- tion. I presume it will be well certified to you that previous to the un- happy event taking place, he had frequently been seized with violent convulsions, which deprive him entirely of his senses. We believe passion was one great cause of this misfortune, and we believe, at least it is highly probable that the prisoner was in this state when the deceased Abraham Vanhorn Received his wounds. We do not wish to reflect upon the deceased, nor can we presume to Justify what the Prisoner has been guilty of, but we beg leave to remark that if the party who were going home from Campbell's harvest field, one of which was Mr. Vanhorn, was, had have taken the nearest and common rout, and had not called upon Crane, he would not have been thrown into this violent passion, which so frequently deprived him of his reason, and the melancholy event could not have happened. It is unnecessary for us to say more on this subject. We hope you will not think us impertinent for having said so much. If so we can only beg pardon and plead that it proceeded. from a human heart, and a wish to make happy an innocent and worthy wife aged and respectable parents, all of whose hearts are at present. bleeding for the situation of the unfortunate prisoner. We will just give it as our opinion, that if the languishing prisoner could be so happy as to receive your merciful interference in his favor, he would in future become a peaceable, orderly and valuable citizen. We beg leave to sub- scribe ourselves, Your Excellency's & Honor's obedient Servants, Berkeley County: Whereas application has been made to us, the subscribers, by John Crane, the father of John Crane, Jun'r, now in confinement of the Jail for the District Court of Winchester, and under sentence for the murder of Abraham Vanhorn, and it being represented to us that at the trial of the said offence, the prisoner has been deprived of some of his material evidences, particularly a certain Hugh McDonald, whom (after the said trial), appears to us has given his deposition respecting the circumstances before several Justices of the Peace for the said County. We, the subscribers do hereby certify from under our hands, that the said Hugh McDonald has been a resident in these parts for many years; That he is a very sober, industrious & honest young man, and ' CALENDAR OF STATE PAPERS. 599 * that we can give credit to any Testimony the said Hugh McDonald has or may hereafter have occasion to give. Witness our hand this 29th Day May, 1792. THOMAS WHITTAKER, GEO. MATHEWS, WILLIAM BROMLEY, JOHN COOKE, WILLIAM LITTLE, WILLIAM CHERRY, J. MAY, REZIN ROD. ROBERT THROCK MORTON TO THE GOVERNOR. And I have honor to be, Your mo. ob't, H'ble serv't. 1792. June 19th Dear Sir, I have taken the Liberty of wrigthing to you and your Hon- Berkeley Co. ourable Council, concerning young John Crane, who is now under sen- tence of Death, and none but you can save him. I was at his Tryal and heard the witnesses which were much prejudiced against him, and by appearance would say as much as they could against and as little in his favour. One thing has much weight with me, which is after their day's work was done, they went to Crane's House, where it do not appear they had any business but to renew a quarrell that had Ran very high the preceding day. It likewise appears that Crane was Ingaged with two men partly at the same time. A man in that situation would be likely to do all he could to defeat his adversary; for when a man is fight- ing, he has little time to reflect, but it seems natural for him to do all he can to extricate himself, and other circumstances is his being at times deprived of his reason by Fits. I would likewise observe that the Jury were divided, and could not agree; that the foreman and four others, perhaps the ablest of them, were in his favour-the Judges were also divided; from those considerations, and from what several of witnesses say concerning the affair, the two men being in contact with him at the same time, seems to satisfy me that Crane ought not to suffer Death. I therefore recommend him as an object of attention, and humbly solicit a pardon for him which will restore an industrious young man to his friends, and perhaps lengthen the days of his venerable parents, his mother especially, who is thought will not surmount the shock, should he be executed. I therefore most sincerely Intreat you to give ease to the aching hearts of his parents, his distressed wife & friends, by par- doning him. June 19th 600 CALENDAR OF STATE PAPERS. 1792. June 20th Sir, June 19th On the 16th Instant, the Citizens associated as a Company of Artil- Richmond lery in the City, made a choice of us as their officers. We would there- fore beg leave to request your Excellency will, in such way as appears most proper, anticipate the proposed organization of the militia, and give such countenance to our views as will influence the suspended in opinion, and stimulate the whole to an appearance and conduct of re- spectability and order. June 20th Alexandria A. QUARRIER, & OTHERS TO THE GOVERNOR IN COUNCIL. We have the honor to be, with respect, Your Excel'y's most ob't Serv'ts. N. WILKINSON TO THE GOVERNOR. Sir, I am informed your Honorable Board have come to a resolution to put arms into the hands of the militia, provided the respective County Lieutenants would make themselves responsible for them when call'd for by the Executive. Capt'n Quarrier, of the City of Richmond, has requested me to draw 64 stand with the accoutrements for the use of his Company, for which he has promised to indemnify me as County Lieutenant. Be pleased, therefore, to deliver to him or his order the above number of Arms, &c., as I have the most ardent desire to promote military Emulation. & am, with the highest esteem & regard, Your Excellencie's mo. ob., H'ble Servant. WM. RAMSAY TO THE Governor. Sir, A young Negro, a valuable Tradesman in this Town, is condemned to die on the 10th of next month. His Master employed no Attorney, and it is the general opinion he has a much greater regard for the high value set upon his negro than for Life. From our long friendship, I petition you to pardon him. Grant my request, and highly oblige Your sincere friend. CALENDAR OF STATE PAPERS. 601 Sir, J. AMBLER, TREASURER, TO the Governor. There are about 220,000 lbs. of Tobacco in the Treasury, which I purpose selling at Public Auction on the 11th of next month, allowing the former credit if it meets the approbation of the Hon'ble Board. I am with great respect, Your Excellency's mo. ob't Serv't. COL. THOMAS NEWTON TO THE GOVernor. Sir, I received the arms allotted for the use of the Borough of Norfolk. some of them out of order, a particular return of which, I am not at present in my power to make. As soon as I can ascertain it, I will. Many Gentlemen have apply'd to me for the use of them, and will give their notes for a safe return of those they take, or pay their value. I shall be obliged for your Exr'y's instructions whether they may let them out on the above terms. I shall be also glad to know whether I may employ an armourer to put such as are not in condition for use, in order. I am most respectfully, Your ob't Servant. JAMES BRECKINRIDGE TO THE GOVERNOR. Sir, Your Excellency's Letter of the 15th of March last, with a state- ment of the steps requsite for Capt. James Thompson & others, who were plundered of their slaves by certain persons now resident in so.- western Territory, to take, came safely to hand. In consequence thereof, three Bills of Indictment were at last Washington District Court pre- ferred to the grand Jury & found true; copies of which are inclosed. Should these Documents be thought sufficient to Justify a demand of the accused. I am requested by Capt. Thompson & the other sufferers to solicit the aid of Government, in endeavoring to bring the persons accused to a speedy trial. I have not learned whether your Excellen- cy's letter to Gov. Blount has enabled the sufferers to regain their prop- erty. It is thought of consequence by the Inhabitants of Washington 1792. June 20th Treasury June 20th Norfolk Borough June 21st Botetourt 76 602 CALENDAR OF STATE PAPERS. 1 1792. June 21st District, that Gov't should act with effect upon these offenders. Should the clause of the constitution which embraces this case, be so doubtful or indefinite as to prevent the interposition of your Excell'y, it is feared those persons will prove troublesome and dangerous in future. I have the honor to be, with great respect & esteem, Y'r Excell'y's mo. ob't Serv't. Virginia Washington District Court, May Term, 1792: The Jurors for the Commonwealth empannelled for the Counties of Wythe, Washington, and Russell, upon their Oaths present that Eliz- abeth Pangle, spinster, about five feet, five or six inches high, of the age of Twenty-five or Twenty-six, or thereabouts, of a fair complexion, wife of Frederick Pangle, late of the parish of -, and County of Wythe, on the fifteenth day of August, One thousand seven hundred and Ninety-one, with force and arms at the parish aforesaid and County aforesaid, and within the Jurisdiction of the District Court composed of the Counties of Wythe, Washington, and Russell, one negro woman-slave named Amey of the price of One hundred pounds, the property of one John Breckenridge then and there found, feloniously did steal, take, and carry away, and the said Elizabeth did flee from Justice to the Territory of the United States of America, southwest of the Ohio River, to the great damage of the said John Breckenridge, and against the peace and dignity of our said Commonwealth. A True Bill. Copy-Teste: JOHN BRECKENRIDGE, Farmer, Wythe County, prosecutor. SAM'L EDMISTON, Foreman. CLAIBORNE WATKINS, C. D. C. Virginia Washington District Court, May Term, 1792: The Jurors for the commonwealth, empanelled for the Counties of Wythe, Washington and Russell, upon their Oath, present, that Valen- tine Vanhoozer, farmer, of stature about five feet, nine inches high, of sandy complexion, late of the parish of Washington and County of Washington, on the twenty-sixth day of December, One thousand, seven hundred and Ninety-one, with force and arms at the parish aforesaid, and in the county aforesaid, and within the Jurisdiction of the District Court composed of the counties of Wythe, Washington and Russell, one negro man-slave named Lewis, of the price of one hundred and Twenty pounds, the property of one James Thompson, then and there found, feloniously did steal, take and carry away, and fled from Justice to the 12 CALENDAR OF STATE PAPERS. 603 Territory southwest of the Ohio, to the great Damage of the said James Thompson, and against the peace and dignity of the Common wealth. A True Bill, Copy-Teste: A True Bill. JAMES THOMPSON, Farmer, Washington County, Prosecutor. Copy-Teste: SAM'L EDMISTON, Foreman. Virginia Washington District Court, May Term, 1792: The Jurors for the Commonwealth embodied for the Counties of Washington, Wythe and Russell, upon their Oath present, that Jacob Vanhoozer, farmer, about six feet high, of a sandy complexion, late of the parish of Montgomery and County of Washington, on the twenty- sixth day of May, one thousand, seven hundred and Ninety, with force and arms at the parish aforesaid and the County aforesaid, and within the Jurisdiction of the District Court composed of the Counties of Wythe, Washington, and Russell, one negro man-slave, named Bob, of the price of one hundred and thirty-four pounds, the property of Jessee Evans, then and there found, feloniously did steal, take, and carry away and fled from Justice to the Territory of the United States of America, southwest of the River Ohio, to the great damage of the said Jessee Evans, and against the peace and Dignity of the Commonwealth. CLAIBORNE WATKINS, C. D. C. JESSEE EVANS, Yeoman of Wythe County, prosecutor. SAM'L EDMISTON, Foreman. CLAIBORNE WATKINS, C. D. C. JOHN JACKSON DAVIS TO THE HON'BLE JAMES WOOD, ESQ. Sir, I conceive it a duty I owe to my country, and in a special manner at this time now, we are honored with your presence to hear our com- plaints, to inform you that Col'n John Evans, who hath been entrusted with the care of the publick property, to-wit: the arms and ammunition, and also placed here by his country as a Guardeen of their Interest, 1792. June 21st June 21st Morgan- town 604 CALENDAR OF STATE PAPERS. 1792. June 21st June 21st hath not only squandered the powder and Lead at shooting matches & otherwise, but hath suffered his family to sell and barter it away for their own private interest, and hath also countersigned and certified a pay-roll as County Lieutenant for his son-in-Law, Capt. Jno. Dent, without a public investigation, after he, (John Evans), had been informed that he, Dent and his men had not performed the service therein set forth, on which pay roll the money was drawn out of the Public Treas- ury, on both which subjects I hope to be heard by your honor. I have the honor to be with due respect, Sir, Y'r obedient Servant. JOHN EVANS TO THE GOVERNOR AND COUNCIL. His Excellency the Governor and the Honorable the Council of the Commonwealth of Virginia: Impressed with the deepest concern to find that a few ambitious individuals, at this late period of the Business, have undertaken to lodge a complaint against me as touching my conduct as Lieut. of Monongalia County. True it is, I have been honored with that office since the year 1778, at which time I was in the Indian Country in the service of my country, when my fellow county men put their confidence in me, since which time, have made it my constant study to arange Business the most favourablest in that part of Government, with the least expence, which I can prove by a Majority of the first characters in this County. The first charge alluded to respecting the arms and ammunition, I utterly deny. The arms I have distributed to those most exposed. agreeable to my instructions, and the powder and Lead likewise, except some trifle that might have been made use of on my own plantation in shooting squirrels, &c., which I do not deny, and hope that will not be counted criminal. As to one ounce being disposed of, I do deny so far as ever came within my knowledge, and as to countersigning a pay-roll wherein duty was not performed, appears to me absurd in itself. The officer who commanded the party made oath to his pay-roll, which re- quired my signature, but never heard that the duty was not performed, nor even had any complaints lodged on account of the same. I hope, Gentlemen, when you view the face of the paper and the facts stated, you will have it in your power to conceive the Malitious intent of the same, as I hope the Honorable James Wood will have it in his power to give satisfaction to your Honors. I submit it to your Wisdoms, knowing that Justice will be done to State and Individual. And have the honor, Gent'n, with the greatest respect, to be, Your most Ob't Hum. Serv't. CALENDAR OF STATE PAPERS. 605 Dr. JAMES WOOD'S ACCOUNT OF EXPENSES. The Commonwealth, To James Wood: 1792. To Cash paid for my Travelling Expenses; 39 days in going to the Western frontier on publick Business by direction of the Executive @ 15s, 3d. p'r day on an average, To Cash paid for an Express & Horse hire, To Do. for postage of Letters, Cr. By Cash from the Treasury, Balance due, E. E. £29, 148, 9d. 6, 4 0 11 6 JAMES WOOD. ALEX. MARTIN TO THE GOVERNOR. £36, 10s, 3d. 18, 0 0 18, 10 3 £36, 10 3 I have the honor to be, with great respect, Sir, Your Excellency's letter with an Act of the General Assembly of the Commonwealth of Virginia, concerning the southern boundary of that state, came to hand towards the close of the last session of the General Assembly of this State. On the reception of these communi- cations, I did myself the honor to lay them before that Body, and urged the necessity of their acting upon them; but the hurry the members were in to finish the session, which had been long, and return to their homes, prevented the taking up of this business, and the same was post- poned to the next session. HENRY LEE TO SAM'L COLEMAN. Council Deliver to the County Lieutenant of Henrico, 64 stand of Arms belonging to the Public now in your care, and take his receipt for the Chamber same, making him answerable for them in Kind. Your Excellency's most Obedient, Humble Servant. 1792. June 21st June 23d June 24th North 606 CALENDAR OF STATE PAPERS. 1792. June 25th King Wil- liam Co. June 25th Henrico June 25th Sir, JOHN HILL TO THE GOVERNOR. Having been informed by Colo. Temple and Maj. Ragsdale, that you think there would be no impropriety in my continuing to act as High Sheriff till November Court, I hereby take the liberty of notifying to your Excellency my willingness to Continue in office till that period arrives. I have given security for the collection of the Taxes, and do presume to beleive that the business would go on more smoothly and with more advantage to the Public than if a change was now made. I have the honor to be, with much Respect, Your Excellency's most ob't serv't. A. QUARRIER'S RECEIPT FOR ARMS. Received of Cap'n Samuel Coleman, assistant clerk to the Council, sixty-four stand of Arms, for the use of Capt. Alex. Quarrier's Company of Militia in the City of Richmond; which are to be returned when demanded by the Governor & Council. NATH'L WILKINSON, County Lieut., A. QUARRIER. Test: GEORGE RAWLINGS. N. B.-Each of the above stand of Arms consisted of A musket, A Bayonet, & Cartridge Box. SAM. COLEMAN. A. QUARRIER'S RECEIPT FOR ARMS. Received of Colonel Nathaniel Wilkinson, County Lieutenant of Hen- rico, sixty-four stand of Arms, consisting each of a musquat, Bayonet, and Cartridge Box, which I promise to return in good order to the said Nathaniel Wilkinson, when thereto required. Given under my hand at the Capitol, this 25th day of June, 1792. Test: SAMUEL COLEMAN. CALENDAR OF STATE PAPERS. 607 Jos. JONES AND OTHERS, JUDGES OF THE GENERAL COURT, TO THE GOVERNOR. We have the honor to be, with great respect, Your Excellency's Ob't, Hbl. serv'ts. Sir, We had the pleasure of receiving your letter of the 19th instant, June 25th whilst sitting in Court, and should have taken it into consideration and Richmond returned you answer sooner had the nature of the business before us offered an interval of leisure for the purpose. As Judges of the General Court, we have caused an order to be entered on the Court's minute Book, that the several District Court Clerks upon the conviction of a criminal, do without delay transmit to the Executive a copy of the record of every such conviction. Certified Copies of this order will be delivered the clerks by the Judges on their next circuit, and will, we expect, stimulate the clerks to be more punctual in trans- mitting the records of conviction to the honorable board, than from your Excellencie's information hath heretofore taken place. We have no doubt the Judges of the Several District Courts will, upon every information or knowledge of the misconduct of their Jailors, take the most effectual and legal means to bring them to Justice, and will com- municate to the Executive such instances of misbehavior in the Jailors as may require the animadversion or interference of the Executive— further powers they have not. It may not, however, on the present occasion, be improper to observe that the Jails in general where the District Courts are held, are insufficient for the safe-keeping the offenders committed to them; which occasions a very heavy public expense for Guards beyond what would be incurred if proper Prisons were provided. H. KNOX, SECRETARY OF WAR, TO THE Governor. 1792. June 25th Sir, War I have received your letter of the 18th Instant. The hopes which have been formed of the re-establishment of the tranquility of the fron- Department tiers, have been in consequence of the measures which have been directed for that purpose, and of the information received from time to time. Although some disturbances have arisen on the southwestern frontiers, owing to the irregular and unjustifiable conduct of the violent and law. less on both sides, yet expectations have been entertained that the exer- tions of Governor Blount, and the Cherokees who visited this City last spring, together with the proposed Conference at Nashville in this or the next month with the Chickasaws, and Choctaws would have the 608 CALENDAR OF STATE PAPERS. 1792. June 25th June 25th Suffolk effect to provent any further misunderstandings in that quarter, and to settle past differences. But whether these hopes shall be realized, can- not be ascertained at present. Events may arise which will frustrate the best founded expectations. The last information received from Gov- ernor Blount was dated the 16th May. Affairs then seemed somewhat ticklish, but as nothing further has been received, it has been hoped that the recent ferment had subsided. Perhaps your Excellency may have intelligence of a later date; if so, I should thank you for the com- munication of it. With great respect, I have the honor to be, Your Excellency's most obedient, Hum. Servant. CHARLES MOSS, JAILOR, TO THE GOVERNOR. In obedience to your Excellency's command of the 16th Instant, I proceed to give an account of the escape of William Towe, which I should have done at the time of his escape but for a severe spell of sick- ness, under which I was labouring when he broke Joal. Previous to going into particulars, I conceive it my duty to inform your Excellency that the Joal of which I am keeper is by no means equal to the safe keeping of criminals. At the setting of the first District Court an en- quiry was made, and several Gentlemen appointed for the purpose, who reported that considerable repairs and additions was necessary; this report, as I am informed, was certified to the Executive, but nothing has been done. The Joal stands in an open and detached situation, not even enclosed by a wall; and as easy access is had to the prisoner through the windows, so it was that during my illness Towe provided himself with a large spike, gimblett, and a chisel, and by boring with the gimblett and priseing with the chisel, he first penetrated through the flour, and then through a sleeper, takeing up the part cut off he pro- ceeded to the underpining-being brick, through which he made his escape with fetters on in the night time. No doubt he was a day or two at work, for the hole cut in the floor was concealed under the bed on which the prisoner lay, which prevented even the smallest suspicion. Thus, Sir, have I gone through the painful task of a recital of what might, with any but liberal minds, carry a suspicion of my being acces- sory to Towe's escape. I trust, however, your Excellency will not decid to my prejudico; to which, I am certain you will not be induced ware you possessed of a personal knowledge of my caracter, which I trust is unimpeachable. I have the honor to be, Your Excellency's most H'ble Serv't. CALENDAR OF STATE PAPERS. 609 ARTHUR CAMPBELL TO THE GOVERNOR. I have the honor to be with great respect, Sir, Sir, The enclosed letter from the commanding officer of the Militia of June 25th Sullivan County seems to be an avowal of an opposition to an act of our Washington Legislature, for establishing Walker's line as the boundary of this state. That I conceive it my duty to forward it to your Excellency. About half of the inhabitants between the lines seems desirous to be gov- erned by the laws of Virginia, but they complain of it as an oppression to be harrassed by the authority of the S. W. Territory, and to pay obedience to the laws of this state at the same time. Your most obedient Servant. W. WILSON TO THE GOVERNOR. I am your Excell'ys ob't Servt. H. KNOX, SEC'Y OF WAR, TO THE GOVERNor. 1792. Sir, The arms sent down by the Executive were delivered to the com- Portsmouth mand'g officer of the Borough, who has retained 150 stand, the rest (450), are in my possession, as also 450 cartridge Boxes. 150 I have sent to the Borough. The muskets are in most infamous order, and it was adjudged by the field officers of this place that they ought to go through the hands of an armourer without loss of time. I have hired one for the purpose, and make no doubt it will meet with the approbation of your Excell'y & the executive. The Bayonets are also very rusty. Sir, I have the honor to acknowledge the receipt of your letter of the 27th of June. The militia which your Excelleney has ordered out in consequence of arrangements made by the authority of the President of the United States, will be repaid promptly to your order, on the evidence being ex- amined by the accountant of this office. It is however to be understood to be limited to the sums stipulated by the Acts of Congress. The addi- tional force ordered out by the Lieutenant Governor would appear to June 29th June 30th War Department 77 610 CALENDAR OF STATE PAPERS. 1792. June 30th June 30th Winchester be necessary. Two companies of riflemen raising in Green Briar and Botetourt Counties of Virginia, are to rendezvous at the mouth of the Great Kenhawa for the purpose of being clothed and equipped, but they will not be stationed there for any given period. This point however, will be regulated by the Commanding General of the Troops. All the recruits excepting small parties at each rendezvous have been ordered some time past to repair to the Ohio by the routes which have been directed. Delays have taken place at some rendezvous, from the non arrival at the times expected of clothing or other necessary equipments. Governor Blount in a letter of the second instant, gives such information of the pacific dispositions of the great mass of the Cherokees, that hopes are enter- tained of the entire re-establishment of tranquility with that tribe. On the twenty-third day of May, he met a great number of chiefs and people of all descriptions at one of the Indian Towns called Coyatte, & received from them great satisfaction as to the sincerity of their dis- positions for peace. They had appointed a still more general Assembly to be, held at Esta- naula, the 23rd of June, at which it was expected that everything now in dispute would be amicably adjusted. Upon receiving the result of this meeting, it shall be communicated to your Excellency. Sir, I have the honor to be, with great respect, Your most obed. servant. J. PEYTON TO THE GOVErnor. Your favor of the 26th instant, was this day put into my hands by Express, and have now to acknowledge the receipt thereof. As my small services have at all times been devoted to my Country, so I shall be particular in the execution of this business without loss of time, being well apprised of the necessity; and when effected, will do myself the honor of communicating the same to you as required. I have not enquired whether the ammunition can be had in this place, tho' presume it may. I have also attended to the forwarding of your packet of Letters, also delivered me by the same hand to the several persons to whom addressed. And have the honor to be, Sir, J Your most Obedient servant. CALENDAR OF STATE PAPERS. 611 List of Warrants, except Interest on Certificates issued by the auditor, from the first of May, to the 30 June, 1792: Off's Government: May 1. Joseph Jones, Geo. Nicholas, Christ Greenup, 3. Philip Taliaferro, Christopher Harwood, 5. Peterson Godwin, Judge Henry, Thomas Roads, - 7. Geo. Muter, Sam'l McDowell, Caleb Wallace, - Matt. Moody, Anth. Robinson, 8. Elisha Price, 18. Judge Parker, 21. Rob't Armistead, 22. John Fenton, Thomas Hatton, Judge Wallace, 24. Geo. Bruce, - Criminal charges: May 1. Wm. Malone, - May 25. Sam'l McAfee, } 29. Judge Muter, John Pendleton, 31. Judge Muter, Paul Woolfolk, - Jesse Cravens & als., 2. Edmund Holiday, Ditto, Nath. Tinny, Wm. Demoral, 4. Geo. Ball & others, 7. Ralph Rowsay, - John P. Lee, Andrew Hidd & als., 11. Simon Holt & als., 11 Thos. Farmer, slave execut'd, [I I! 1 I # I 1 1 1 I · 1 1 go 37, 10 0 3 0 3, 15 13, 0 6, 18 0 8, 10 0 75, 0 0 4, 16 0 21, 6 3 31, 11 0 22, 18 10 27, 12 0 2, 17 6 23, 0 0 0 0 0 6 0 0 9 0 0 0 25, 0 16, 0 £24, Os, Od. June 30th 6, 0 3, 14 75, 0 3, 12 27, 15 30, 0 75, 0 27, 16 19, 6 0 1, 15 0 15, 12 0 0 5, 8 23, 7 6 24, 10 0 9, 15 0 41, 18, 6 1, 3 9 2, 10 0 21, 18 9 16, 7 0 60, 0 0 1792. 612 CALENDAR OF STATE PAPERS. 1792. June 30th May 17. Josias Moody, May Ann James, slave Executed, 18. Blanton & Hutcheson, 21. Wm. Bosley, Rob. Armistead, Ditto & others, David Alexanders, John Nickle & Son, 22. Wm. Stewart & others, 22. Wm. Webber, - John Depriest, Ditto, Jno. Fenton, Sam'l Garrott & als., 23. Lewis Speece, Stephen Teas & als., 24. Wm. Ward, 25. Sam'l Myers, Rob't Hayes, 26. Reuben Croutcher, Thomas Stroud, - G 28. Chas. Cutridge & others, John Demby, 29. John Brooks, 30. Sam'l Staples, Rich'rd Wynn & als., 31. John Stewart & als., Contingent: 3. Sam'l Swann, 5. The Treasurer, 7. Arch. Blair, 8. Jno. Hawkins, 12. James Wood, 21. Sam. Coleman, · · 29. Ditto, Surplus: May 3. Thomas Roane, Public Warehouse: May 11. Gen. Jas. Wilkerson, 15. Francis Smith, - 1 1 J !! 1 I 1 1 f !! ו' C | I 1 1 1 1 1 I 1 1. 5, 2 5 0 0 2, 4 6 20, 10 · 0 51, 3 9 9 45, 2, 3 5, 4 4, 0 1, 16 12, 0 19, 8 15, 0 17, 13 1, 0 9, 2 27, 0 3 0 6 7 6 6 6 0 9 9 6 1, 6 12 6, 16 13 18 10, 17 20, 0 1, 13 2, 16 20, 17 15, 2 0 6 9. 15, 6 26, 3 25, 0 15, 0 18, 0 3, 9 2, 5 9 3 8 6 0 9 0 0 0 0 3 1, 7 0 66, 13 0 0 99, 5 CALENDAR OF STATE PAPERS. 613. Personal Account: May 17. Pennock & Nicholson, May 22. Hugh Caperton, Arsenal: May 26. Tunstal Quarles, Gen'l Ac. of Revenue: May 26. Jno. Morton, 31. Jas. Dupey, Exp. of Representation: May 30. Jos. Sterling, Criminal charges: June 1. James Blakley, 5. Ralph Lofters & als., Arch'd Dixon, Wm. Perry, June 6. Johnathan Davis, Rob't Hayes, Aaron Brown & als., 7. John Wilson, G Burwell Baugh, 8. Thos. Rhodes, John Pearson, Mann Page, Wm. Wilkerson, Wm. Gooseley, - Wm. Carter, Galt & Barrand, Sam'l Lockheart, 11. Jas. Shepherd, - James Daugherty, Jacob Bare, David Calladay & als., Christ Acklin, Ab. Sevine, John Allen & als., 14. Geo. Sanford & als., Jos. Thomas, 15. Brady & Jennings, Geo. Davis & als., Wm. Brummel, J - I …I } 1 1 11│ !! J [! I · …!! י ע I r 1 1 1 1 I 1111 " 9 109, 5 171, 0 0 46, 14 6 15, 6 0 24, 3 0 1, 12 9 1, 5 10, 3 16 0 2, 0 0 1, 12 9 3, 1 3 2, 12 6 1, 1 3 15 9 5, 6 9 16 3 5, 0 0 1, 5 3 0 12 6 3, 13 0 1, 13 9 1, 11 3 5, 0 0 2, 11 3 9 0 8 0 6 3 0 0 0 5, 10 11, 1 2, 10 3, 19 18, 6 13, 12 22, 1 0 9 2, 13 2, 0 15 1792. June 30th 614 CALENDAR OF STATE PAPERS. 1792. June 30th 1 June 16. Alex'r McDonald & als., 18. Rich'rd Lacy, 20. H. Moseley, 21. Rob't Williams, 22. Daniel Pegram & als., 25. Daniel Lush & als., June Sam'l Boulware, Rob't Banks & als., Thos. Vaughan & Alex. Boyd, James Clarke, - Stephen Crouch, Colin Campbell, Wm. Baylis & als., Rich'd Oldham, - Officers of Government: 1. Jno. Cunningham, 4. Judge Muter, 6. Thos. Stith, 8. Jos. Bell, Judge McDowell, J Thos. Rhodes, Wm. Gooseley, - 11. Dan'l Hylton, Christ Acklin, Ab'm Severne, 12. Judge McDowell, 15. Rowland Thomas, 16. Matt. Moody, 28. Peter Tinsley, 30. Wm. Rose, 20. Judge Parker, - 21. Judge Fleming, 22. Judge Henry, 23. Judge Roane, 25. Colin Campbell, John Craille, A 9. Math. Pate, 21. Daniel Brown, Gen'l Ac. Revenue: June 5. Abner Porter, 8. James Ramsay, Jos. Bell, - Eastham & Green, - 1 ▬▬▬▬▬▬▬▬▬ C 1 1 1 #│ │I 1 ↓ 1 I F I A│ + 1, 14 1, 5 2, 0 0 1, 15. 0 0 0 9 4, 13 9, 12 1, 17 17 6 2, 15 0. 3 1, 6 12 6 37, 0 3 27, 12 6 14, 0 0 9 60, 2 65, 0 2, 15 8, 8 4, 4 12, 0 12, 0 13, 10 1, 4 10, 0 1, 10 28, 16. 25, 0 2, 0 6, 8 3, 8 0 10, 33, 12 37, 10 6, 5 12, 18 26, 8 0 24, 6 54, 0 27, 0 18, 0 4 6 0 3 0 0 0 0 0 0 0 0 0 4 0 0 0 0 0 0 0: 0 0 0 CALENDAR OF STATE PAPERS. 615 Personal acc'ts: June 5. James Rind, June June 15. Thomas Johnson, 21. Dabney Minor, 25. Henry Walker, Lewis Parham, - 26. Jos. Hornsby, Foreign Creditors: 5. De la Costa & Bros., Exps. of Representation: June 6. James Barbour, 14. Edm'd Reade, Aug't Jennings, Thos. Merriwether, Pleasant Martin, - Public claims: 6. Thomas Snow, - 7. Wm. Cary, 12. Isaac Brown, Directors Jas. River Comp'y: June 6. Alex. Buchanan, Contingent: June 8. Wm. Pennock, 20. James Wood, 27. Jos. Liplong, June 13. Wm. Smith, - Public Warehouse: …] 29. Alex. G. Strachan, Robert Bolling, #1 11 t 1 11 I I 11 1 1 11 1 1 Aggregate: June 20. Henry Banks, 1 of £100, 4 of £50, 2 of £10, 4 of £5, 1 of £6, 14s, 10d, Wolves Heads: June 30. John Stewart, 1792. 0 June 30th 30, 0 39, 10 9 141, 0 9 3, 19 6 1, 10 5 200, 0 0 75, 13 4 1, 2 3 1, 12 6 1, 10 0 1, 9 6 1 5 3, 7 6 15, 2 1 24, 0 0 600, 0 0 26, 3 8 18, 10 3 4, 0 0 26, 15 3 38, 14 0 25, 15 0 346, 14 10 333, 15 0 J. PENDLETON, Aud'r. 616 CALENDAR OF STATE PAPERS. 1792. June 30th July 1st Alexandria Aud'r's office, 1 July, 1792. Compared & found to agree with the vouchers in the office of the solicitor. Aug. 17, 1792. J. H. BRIGGS. DENNIS RAMSEY TO THE GOVERNor. May it please your Excellency: Inclosed is a petition for Negro Will's pardon, which I hope will meet your approbation. I am, with sentiments of Esteem and regard, Your Excellency's most Obed't, H'ble Servant. At a Court of Oyer & Terminer, appointed & held for the County of Fairfax, 26th May, 1792: Present: George Giesson, James Wren, Charles Alexander, John Fitz- gerald, Roger West, Gents, present. Will, a negro man-slave, the property of Jacob Fortnay of the said county, who was committed to the Gaol of this County by warrant under the hand & seal of William Herbert, Gent., and charged with Feloniously breaking and entering the Dwelling and store house of George Stovin of the Town of Alexandria, in the night time, and steal- ing thereout sundry silver money of the value of fifteen pounds and upwards, and being this day arraigned in open court for the said fact, pleaded Guilty, and thereupon the several witnesses against him being sworn and examined, and Consideration of the same had, The Court are of opinion that he is Guilty of the said fact. Therefore it is con- sidered that the said Negro will go from hence to the prison, from whence he came, from thence to the place of Execution, there to be hanged by the neck 'til he be dead.. (Sign'd) Will, a negro man-slave, Blacksmith, belonging to Jacob Fortnay, being this day convicted and condemned by this Court for Felony, & valued at one hundred pounds, current money, which iz ordered to be certified. GEO. GILPIN. CALENDAR OF STATE PAPERS. 617 Ordered that the said Negro Bill be executed on Tuesday, the tenth day of July next. A Copy-Teste: John Potts, Jr., W. Dineale, Wm. Wilson, Jacob Fortney, W. McArthur, T. Roberdian, Chas. Young, Chas. Scott, Jno. Bralle, To His Excellency Henry Lee, Esquire, Governor of Virginia: The petition of several of the Inhabitants of the Town of Alex- andria and County of Fairfax, Humbly Sheweth That a slave named Will, belonging to Jacob Fortney of the said Town, hath been lately sentenced to suffer Death for an offence rendered Capital by the laws of the Land. That the Law appears to have two objects in view; first, to prevent further Transgressions by the same person, and by the severity of the punishment often bearing no proportion to the offence, to deter others from similar practices. That whenever these ends can be an- swered by other means than by depriving a fellow creature of his exist- ence in the prime of Life, the intention of the Government appears to be fulfilled, and the society in no manner to be injured. That by sending the culprit to some of the British, Spanish, French, Dutch, or Danish Settlements in the West Indies, the feelings of humanity will not be so sensibly affected, the society being relieved from an apprehen- sion of further injury done by the same person as effectually as if the sentence was fully executed. For these considerations your Petitioners are induced to request your Excellency to grant a pardon to the said Will upon condition that He be shipped to some one of the above men- tioned settlements in a reasonable time, and not be permitted to return. And your Petitioner shall ever pray— Test: : (Signed) GEO. GILPIN. J. WAGONER, C. F. C. J. WAGONER, C. F. C. L. Hanson, Dennis Ramsay, Rich'd Conway, R. T. Fore. M. Perrin, Gurdin Chapin, John Butcher, Wm. Paton, Wm. Bushby, 1792. July 1st July 3d { 78 618 CALENDAR OF STATE PAPERS. 1792. July 3d Sam. Casey, W. Lyon, Geo. Coyell, James Scot, Alex. McKenzie, Jos. Grunway, Jeremiah Tantler, And. Wales, Thos. Vowell, Jr., Washer Blunte, Geo. Rutler, John Viorn, Robert Young, Geo. Moore, William Cox, Adam Lyon, Aaron Hewes, Job Greene, John Johnston, Jno. B. Dabney, Lem❜l Brent, Philip Wanton, John Janney, Benj❜n Shreve, George Taylor, Jas. Craik, Jr., Thos. Porter, Oliver Price, Lewis Weston, Wm. Young, Jas. M. McRae, Walter Brooke, Nich. Hannah, William Kean, Jesse Simons, Jas. Cary, Thos. Reardon, Chas. Farmer, Robert B. Janey, Geo. Sweeney, Jno. Foster, Jno. Sloan, Hardy Harburt, Joseph Bushbey, Ja. Keith, Dan'l Roberdean, R. Goodrich, Jacob Cox, Wm. Summers, Wm. Holley, Jesse Taylor, Jr., Alex'n Smith, Jno. Bryan, Alex. Gordon, Caleb Earp, Jno. T. Mandeville, Elisha C. Duke, Sam'l Simmons, Wm. Bird, Sam❜l Craig, John Harper, James Lawson, John Reynolds, Thomas Irwin, Josiah Watson, Jonah Thompson, Jas. Gillis, Thomas Patten, John Longden, James Douglas, D. Douglas, John Beatty, G. W. Murray, J. R. Wheaton, Wm. Ramsay, Robert Donaldson, Richard Snell, James Muir, V. D. M. John Rhea, Ch. Simon, G. Chapman, Benj. Hanip, CALENDAR OF STATE PAPERS. 619 [ A. & W. Ramsay, Step. Cooke, Lanty Crowe, Bryan T. Sampson, John Dunlap, John Harper, F. Fairfax, Phil. R'd Fendall. WM. WILLIAMS TO THE GOVERNOR OF VIRGINIA. Sir, After a very tedious and Disagreeable passage of 11 days I arrived in Philadelphia. The President has made a resolution not to set for his picture on the application of any individual. He seems to think a deviation from this rule would make him liable to innumerable applications of this nature which would not only tend to inconvenience, but to an interruption of his many and necessary occupations. He will however, set, on the application of the Executive to day. This was obliged to be done, for Mr. Trumbull, who has Just taken the President's likeness for the city of Charles Town, So. Carolina. That picture, I am informed, left this City for that place a few days ago, and Mr. Trumbull is gone to Europe. I shall wait your Excellency's answer, and as I am entirely unoccupied, your Excell'y will very much oblige me if you will please to do me that honor as soon as possible. I have the honor to be with the highest respect, Your Excellency's most obedient and much obliged Servant. ARCHIBALD STUART TO THE GOVERNOor. 1792. July 3d } July 3d Phila- delphia July 5th Sir, I have this day for the first time been informed that application Staunton hath, or will be made to the honorable the privy council, through your Excellency to remit a fine imposed upon a certain Thomas Frame of Augusta, for a breach of ye peace. You will pardon me for taking ye Liberty of stating ye facts which appeared on ye trial, as also such as came within my own knowledge not made public. About eighteen months ago, F. Frame, ye petitioner, prosecuted a certain E. Brocbeck, for a misdemeanor, on ye trial of which his complaint was dis'd with costs, as groundless and frivolous. Afterwards, Frame desired Broe- beek to remit half ye costs, & threatened if he did not do so to either turn him out of his cabin or make him pay rent. Broebeck is a very poor man, who, it seems, by mistake, Built a hut within Frame's line some small distance. Frame is very independent & wealthy, & I expect ་ 620 CALENDAR OF STATE PAPERS. 1792. July 5th M presumed a good deal on the poverty of his neighbor. Broebeck, how- ever, refused to remit any part of ye costs, upon which, Frame pushed ye poor old man out of his porch down a high pair of steps. It did not, however, appear that he was much hurt by ye fall. When he came to reflect upon his conduct, he thought proper to purchase a Dispensa- tion of Broebeck for this offence, which he did for ye consideration of three or four bushels of grain. Two of Broebeck's neighbors considered the conduct of Framo as arbitrary & oppressive, & made their complaint to me, upon which I filed an Indictment against him for breach of ye peace, in which two of Broebeck's neighbors became prosecutors. After the commencement of ye business, Frame applied to me with a paper under Broebeck's hand desiring ye prosecution might be dismissed, stat- ing further that he never would have prosecuted him had it not been for ye advice of others. I told him this would not be done; Broebeck had given up his own claim for damages, but could not dismiss ye common- wealth's prosecution. When he found this he began to tamper with me, & proposed if I would on ye trial, pass over his offence lightly, or words to that effect, that I would lose nothing by it; at ye same time beg'd I would not consider ye proposal as bribery. I would not have kept my hands off him had he not been an elderly man; I, however, restrained myself so far as to make him no other reply than that my exertions should be proportioned to ye nature of ye offence when ye cause was tried. On the day of trial & before or about the time ye Jury were sworn, Frame made an attempt to send Broebeck home under a promise (as he afterwards swore), that he should loose nothing by it. I was obliged to exert myself in a very extraordinary manner, & used both threats & promises before I could get him in to give testimony. He at length came, & with other witnesses proved ye above facts, ex- cept what relates to myself, which I did not disclose in open court, but we proved his having tampered with ye witnesses. When the Jury retired, I am told many of them wished to amerce him in ye sum of £60, & that one man (who divided the Jury near two days), was ye cause of ye verdict being as low as £15. The universal practice of the County Court in remitting fines & forfeitures where ever in their power to do so, has rendered their authority contemptible. From ye above statement your Excellency will perhaps be enabled to Judge of ye mer. its of ye petition now before you. Excuse ye freedom I have taken in this business; I can assure you it does not proceed from prejudice, altho' I despise him, but for ye sake of Justice to ye Commonwealth, which I trust will be dispensed by your Excellency. I have ye honor to be, with real respect, Y'r very Humble Ser. : CALENDAR OF STATE PAPERS. 621 JOHN ELLIOTT'S PETITION TO THE Governor. To His Excellency Governor Lee: The Humble petition of John Elliott of this City-May it please your July 6th Excellency: The tender partner of my distress waited upon your Excellency yesterday on the subject, and now I hope your humane disposition will grant me that relief which it is so much in your Excellency's power. The compassion of your Excellency upon this, my humble petition, will bind me by the strongest ties of gratitude ever to pray for your welfare and prosperity. Your petitioner begs leave to address you on a subject in which his all Richmond is concerned, and a subject that he hopes may have a proper weight on the noble and generous mind of your Excellency. During my service as a soldier in the late contest in Honor of the Rights, Liberties and Independence of America, then belonging to the Sixth Reg't of the Maryland Troops under the command of his Honor, the late General Green, I was wounded in the battle of Guilford, and have since been an Invalid; But rather than become troublesome to the publick for a pen- sion, I chose to endeavor to procure a livelyhood for a poor family in an honest and a discreet manner. In pursuit of this line your petitioner was desirous to have license for a retail shop, and he accordingly has been in the Retail way for sometime; Tho' after all my saveings I have been able to gather but very little, and I am still poor indeed. Yesterday the officers of the City Levied upon me a fine of Twelve pounds for retailing, and seized my property, even to my beding, &c., and thus your petitioner and his family are reduced to a situation the most dis- tressing. Be pleased to paint to yourself the feeling of a man who is upon the point of losing his all. Your petitioner is willing to pay the customary cost of License; but the exorbitant Fine of Twelve pounds will ruin me. The Commonwealth of Virginia, To the Sergeant of the City of Richmond-Greeting: 1792. We command you that you do not omit for any Liberty in your baili- wick, but that you take John Elliott if he be found within the same, and him safely keep so that you have his body before the Justice of our Court of our said City, at the Courthouse of this said City, on the second Monday in July next, to satisfy us Ten pounds for his fine on him imposed by our Justices of our said Court for retailing Spirituous Liquors contrary to law; also one hundred and fifty pounds Gross 622 CALENDAR OF STATE PAPERS. 1792. Tob'o, and fifteen shillings, which to us in in the same Court were July 6th adjudged for our cost in that behalf expended. Whereof the said Elliott is convict as appears to us of Record, and have then there this writ. Witness Adam Craig, Clerk of our said Court, the 22d day of May, 1792, in the 16th year of the Commonwealth. A copy-Test: ADAM CRAIG, C. C. SAMUEL MOSBY, Sergeant. Be it remembered that at a quarterly Court of Hustings held for the City of Richmond at the Courthouse, on Monday, the 14th day of No- vember, 1791, James Heron, foreman, and Eighteen others, freeholders. of the said City, were sworn a Grand Jury of Inquest for the same, and having received their charge, went out of Court, and after some time, returned and made sundry presentments; among which is the following: "We do present John Elliott for retailing spirituous Liquors contrary to Law, since the last Grand Jury Court for the City of Richmond, by the oath of Thomas Croxton; upon which presentment the following process was issued: The Commonwealth of Virginia, To the sergeant of the City of Richmond-Greeting: You are hereby commanded to summon John Elliott to appear before the Justices of our Court of Hustings for the said City, at the Court- house, on the second Monday in March next, to answer a presentment of the grand Jury made against him at November Court last, for retailing spirituous Liquors without a License contrary to Law, within twelve months then last past, and since the then last Grand Jury Court held for the said City. And have then there this writ. Witness Adam Craig, clerk of our said Court, the first day of Decem- ber, 1791, in the 16th year of the Commonwealth.” ADAM CRAIG, C. C. On the said process the following return was made "Not found.” SAM. MOSBY, Sergeant. And at another day, to-wit: At a quarterly Court of Hustings held for the City aforesaid, on Mon- day, the 12th of March, 1792, Came William Marshall, Gent., Deputy CALENDAR OF STATE PAPERS. 623 attorney for the Commonwealth in this Court, and the summons issued on the aforesaid presentment against the Def't not being executed, an alias summons was awarded against him In the words following, to-wit: "The Commonwealth of Virginia, To the Sergeant of the City of Richmond-Greeting: We Command you, as at another time you have been commanded, to summon John Elliot to appear before the Justices of our Court of our said City, at the Courthouse, on the second Monday in May next, to answer a presentment of the Grand Jury made against him at Novem- ber Court, 1791, for retailing spirituous Liquors without a License con- trary to Law, within Twelve months then last past, and since the then last Grand Jury Court held for the said City. And have then there this writ. Witness Adam Craig, Clerk of our said Court, the 4th day of April, 1792, In the 16th year of the Commonweath. A. CRAIG, C. C. On the said last process, the Sergeant returned “Executed.” SAM. MOSBY, Serg't. And now at this day, to-wit: At a quarterly Court of Hustings, held for the said City the 15th day of May following, Came the said William Marshall, Gent., Deputy attorney for the Commonwealth as aforesaid, and filed his information against the Debt in the words following, to-wit: "City of Richmond, to-wit: The Jurors for the Commonwealth within the body of the said City, upon their oaths, present that John Elliott did on the 14th day of November, 1791, and at Divers other days between the 15th day of August, in the year 1791, and the fourteenth day of November follow- ing, within the Jurisdiction of the Court of Hustings for the said City, sell by retail in small quantities, spirituous Liquors, to-wit: One Gill of Rum, One Gill of Brandy, One Gill of Whiskey, One Gill of Gin, one quart of Cyder, one quart of Beer, one quart of wine, and a mixture of said Liquors, but more especially to a certain Thomas Croxton, and suf- fered the same to be drank by the said Thomas Croxton in the house of the said John Elliot, without having first obtained a License from the Court of Hustings of the said City of Richmond or from any other Court legally authorized to grant the same for that purpose, contrary to the Acts of Assembly for the Commonwealth of Virginia, in that case made and provided, and against the peace and dignity of the Commonwealth. WILLIAM MARSHALL, Deputy attorney for the City of Richmond, For JAMES INNES, Attorney-Gen'l. 1792. July 6th 624 CALENDAR OF STATE PAPERS. 1792. July 6th July 9th Alexandria July 9th North- ampton Whereupon, the def't having been duly summoned, was solemnly called but came not. Therefore It is considered by the Court that the Commonwealth recover against the defendant, Ten pounds, the fine imposed by Law for the said offence, and that the said def't pay the costs of this prosecution, and may be taken, &c. A Copy from the proceedings-Tost: ADAM CRAIG, C. R. H. C. I do certifie that the bed mentioned in John Elliott's Petition to his Excellency the Governor, is in execution at the suit of the Common- wealth for retailing spirituous Liquors without a License. Sir, SAMUEL MOSBY, Sergeant of the City of Richmond, July the 10th, 1792. DENNIS RAMSAY TO THE Governor. With a mind truly grateful, I have to acknowledge the receipt of your welcome letter of the 3rd instant, which came to my hand late at night on Friday. It affords relieve to the petitioners, and for which you have their thanks. Indeed it must be pleasing to every sympathetic Breast. I was present when the pardon was read to the negro. He bore it with manly fortitude, and from what I can learn from the Divines and others who attended him, there is every reason to believe that He will leave off his wicked ways, and turn to good. He is in Jail waiting for an opportunity to be shipt to the West Indies, and every attention will be paid to see it carried into execution. I have the honor to be with every possible mark of Respect, Your Excellency's most ob't Serv't. SMITH SNEAD TO THE Governor. Sir, I have the honor of receiving yours of the 10th May, dated Rich- mond, with one dated Norfolk, inclosing a Copy of your orders to the Commanding officers of that Borough expressive of your ideas of the best method to prevent future disturbances, but those never came to hand before yesterday. I cannot account for the uncommon delay. CALENDAR OF STATE PAPERS. 625 The ammunition I have not received. I am informed it is about twenty miles from here, at the lower end of the County, to which place I shall immediately send, and when received hold it safe for public use. I had the pleasure of writing to you some time about the beginning of last month, communicating my sentiments of the dispositions of the slaves of this County, and the general opinion of the people, but did not inform you what measures I had adopted to prevent the execution of their plot, if there was one. Immediately upon receiving the informa- tion communicated to you in my first Letter, I appointed a Company of Patrollers from each Company of Militia, directing them to patrole as often as possible, and required the Captains and Commanding officers of Companies to inspect into their Conduct & see that they did their duty, and make reports to me of their proceedings & conduct. These orders were strictly comply'd with, and effectually prevented their meeting and strolling about from one place to another. These measures were extremely irksome to the slaves, and abridged them of those privileges which they had been taught by many white people of this County to believe they were entitled to, and were determined if possible to prevent the activity of Patrollers, and destroy those enemies to their liberty. Six Negro fellows had accordingly concerted a plan for their destruction, and, armed with large Clubs, lay in ambush for that purpose. As it was uncertain which rout the Patrollers would take, they divided themselves in pairs, and lay two and two together. It seems the Patrollers had divided for some purpose or other, and one singly attempted to pass by their stand, whom they immediately at- tacked and struck at him with their Clubs, but fortunately only knocked of his hat, the force of the stroke resting upon a bayonet, which it very much bent; he immediately indeavoured to rejoin his company, which with much difficulty he affected-the negroes pursuing him. The next day a party went in pursuit of them and apprehended five; they have undergone a trial for their lives, and three of them have been condemned and executed. This I hope will be a sufficient terror, and teach them wisdom. I am, sir, with much respect and Esteem, Your most Ob't Serv't. SAM'L COLEMAN TO THE LIEUTENANT-GOVERNOR. Sir, As usual I have examined the quarterly returns from the post at the point of Fork, and find the amount of the pay-roll for the superin- tendent, Armourers and Guard, to be Eighty-Eight pounds, fourteen shillings and four pence. 1792. July 9th July 10th Council office 79 626 CALENDAR OF STATE PAPERS. 1792. An account is forwarded by the superintendant for hire of certain July 10th persons employed at the post, to the amount of forty-Eight pounds, Eight shillings and Eight pence. The employment of these persons is not stated. From a statement exhibited of Cash received and expended, it appears that there remains in the hands of the superintendant for con- tingent purposes, the sum of twenty pounds, 14s, 44d, to be accounted for. July 11th July 14th I have the honor to be, sir, Your most Ob't Servant. Warrants have issued pursuant to the foregoing report. S. COLEMAN. H. KNOX, SECRETARY OF WAR, TO THE GOVERNOR. Sir, War Your Excellency's letter of the 4th instant, was received yesterday, Department and submitted to the President of the United States. While it is to bo hoped the troops stationed on the Southwestern frontiers may intercept every party of hostile indians, it is the desire of the President of the United States that no expedition be made against the indian Towns at present. If Governor Blount be not greatly deceived, the proposed general Assembling of the Cherokees at Astenaula, the 23rd of last month, (of which I informed you in mine of the 30th), will probably have decided the conduct of the Cherokees. I have the honor to be, sir, with great esteem, Your most obedient, Humble Serv't. JAMES BENNETT'S PETITION TO THE GOVERNOR. To the Hon'ble the Governor & council of Virg'a: The petition of James Bennett (overseer), humbly showeth, That about four years ago he became security for a considerable sum of money, the principal failing, an execution was served on your Petitioner's Body, by which he was confined within the prison rules of this City. Your petitioner was a poor man without a Trade, and besides has a large family who followed him into confinement, where duty and inclination prompted him to follow some employment to give them support, to do which, he was obliged to retail spirituous liquors. His poverty, his want of credit and other concomitant Evils prevented his taking a license; CALENDAR OF STATE PAPERS. 627 wherefore your petitioner became subject to the penal law which is cal- culated to restrain such things, and which has been enforced ag't your petitioner. As soon as your petitioner was enabled to do so he qualified himself with a license and has for the last year conducted himself as he hopes and believes to public satisfaction. Your Petitioner having thus represented the Truth of his case pre- sumes to implore that your Honor will release him from the payment of the penalty which is about to be inflicted, which is, in itself not impor- tant to the public, and will tend to distress one whose measure of mis- fortune is already large, and whose wishes & objects to support the laws & police of his Country are now evident, and your petitioner in Duty bound will pray. Be it remembered that at a quarterly Court of Hustings held for the City of Richmond, on Monday, the Ninth day of May, One thousand seven hundred and ninety-one, James Heron foreman, and nineteen others were sworn a grand Jury of Inquest for the said City, and having received their charge, went out of Court, and after some time returned and made sundry presentments, among which is the following: "We present James Bennett, (overseer,) for retailing spirituous liquors with- out License and contrary to Law, within 12 months last past, by the oath of Zenas Tait, and since the last Grand Jury Court held for this City, upon which presentment the following process was issued, to-wit: "The Commonwealth of Virginia, To the Sergeant of the City of Richmond-Greeting: We command you to summon James Bennett, (overseer,) to appear before the Justices of our Court of Hustings for the said City, at the Courthouse, on the second Monday in August next, to answer a present- ment of the Grand Jury made against him at May Court last, for retailing spirituous Liquors without a License, contrary to Law, within twelve months then last past, and since the then last Grand Jury Court held for the said City. And have then there this writ. Witness, Adam Craig, clerk of our said Court, the first day of June, 1791, in the fifteenth year of the Commonwealth. ADAM CRAIG, C. C. Upon which process the following return was made "executed.” SAMUEL MOSLEY, Serg't. 1 And at another day, to-wit: At a quarterly Court of Hustings held for the said City on Tuesday, the ninth of August following: Came William Marshall, Gent., the Deputy Attorney for the Commonwealth 1792. July 14th 628. CALENDAR OF STATE PAPERS. "I 1792. July 14th in the said Court, and filed his information against the said James Ben- nett in the following words, viz: City of Richmond, to-wit: The Jurors for the Commonwealth within the Body of the said City upon their oaths, present that James Bennett, (overseer), did on the 14th day of March, 1791, and divers other days between the 14th day of March, 1791, and the Day of May, 1791, within the Jurisdiction of the said Court of Hustings for the said City, sell by retail in small quantities, spirituous Liquors, to-wit: one Gill of Rum, one Gill of Brandy, one Gill of Gin, one quart of Cyder, one Gill of Whiskey, one quart of Beer, one quart of Wine, and a mixture of said Liquors, but more especially to certain and suffered the same to be drank by the said at the house of the said James Bennett, without having first obtained a License from the Court of Hustings for the said City, or from any other Court legally authorized to grant the same for that purpose, contrary to the Acts of Assembly for the Commonwealth of Virginia, in that case made and provided, and against the peace and dignity of the Commonwealth. > WILLIAM MARSHALL, Deputy Attorney for the City of Richmond, For JAMES INNES, Attorney-General. Whereupon, the defendant having been duly summoned, was solemnly called, but came not; therefore it was commanded the Sergeant that he cause to be impannelled at the next Quarterly Court to be held in the said City, a Jury of the bystanders to be qualified according to law, diligently to enquire whether the defendant be guilty, as in the informa- tion against him is alledged; in case the said Defendant should then fail, to appear and plead to issue. And now at this day, to-wit: At a quarterly Court of Hustings continued and held for the said City, on Tuesday, the 15th of May, 1792, For reasons appearing to the Court, it is ordered that the writ of Inquiry, which was in August last awarded on this presentment, be set aside; whereupon, came William Marshall, Gent., Deputy attorney as aforesaid, and the Def't still failing to appear, tho' again solemnly called, It is considered by the Court that the Commonwealth recover against him ten pounds, the fine imposed by law for the said offence, and that the said Def't pay the costs of this. prosecution, and may be taken, &c. A copy-Teste: ADAM CRAIG, C. C. CALENDAR OF STATE PAPERS. 629 PETITION OF GEORGE BATES TO THE GOVERNOR. To his Excellency, the Governor, and the Members of the Honorable July 14th Council: The petition of George Bates Humbly sheweth, That your petitioner is a Native of Switzerland, and has but lately become a citizen of the state of Virginia; that he has, since his abode in this country, endea- vor'd to deport himself as a good citizen, and trusts he can obtain testi- monials of his good character from the natives of America to whom he is known; that owing to his ignorance of the laws respecting the retail- ing of liquors, he has become subjected to a prosecution thereon, and to the payment of the sum of ten pounds-a sum which your petitioner's circumstances considered, will greatly distress him and his family; that as the Judgement against your petitioner is for the use of the Common- wealth, and the Honorable the Executive vested with power to release it, He has thus addressed himself to your Honors on the subject, and prays your consideration thereupon. He knows that affairs of greater moment demand the unremitted attention of your Honorable body, but presumes nevertheless to hope that a situation like his, attended as it is with ignorance of the English Tonguo, and an involuntary transgression of the laws arising from that ignorance, will induce a release of the Judgement aforesaid. And your petitioner as in duty bound, will pray. Richmond, 13th July, 1792. Dear Sir, The bearer, George Bates, has a petition to lay before the Ex- ecutive, praying a release of a Judgement awarded against him at the suit of the Commonwealth for twelve pounds, including costs. Since his being a citizen of this place, I have, from living in his neighborhood, had opportunities of observing, and so far he has demeaned himself as a sober and industrious man. I do really believe the facts set forth in his petition true, nor would I have addressed you on the subject, but from a conviction that the violation of the laws arose from ignorance-not design. He tells me he has paid the money since the pet'n has been drawn; this will alter the prayer of it to a restitution. If you deem his case worthy of the Executive interference, I think you will serve an honest man in serving him. I am, with very great Respect, D'r sir, Y'r ob't serv't, JOHN STEWART. 1792. 630 CALENDAR OF STATE PAPERS. 1792. July 14th Be it remembered, that at a quarterly court of hustings held for the city of Richmond, at the Courthouse, on Monday, the ninth day of May, 1791, James Heron, foreman, and nineteen others, were sworn a grand Jury of Inquest for the said City, and having received their charges, went out of Court, and after some time returned and made sundry pre- sentments; among which is the following: We present George Bates for retailing spirituous without license and contrary to law within Twelve months last past, by the Oath Zenus Tait, and since the last Grand Jury court held for this City; upon which Presentment the following process was issued, to-wit: The Commonwealth of Virginia, To the Sergeant of the City of Richmond-Greeting: We command you to summon George Bates to appear before the Jus- tices of our court of Hustings for the said City, at the courthouse, on the second Monday in August next, to answer a presentment of the Grand Jury made against him at May Court for retailing spirituous. Liquors without a License contrary to Law within twelve months then last past, and since the then last Grand Jury Court held for the said city. And have then there this writ. Witness Adam Craig, clerk of our said Court, the first day of June, 1791, in the fifteenth year of the Commonwealth. Which process was returned "Executed." ADAM CRAIG, C. C. SAM'L MOSLEY, Serg't. And at another day, to-wit: At a quarterly Court of Hustings held for the said City, the 9th day of August, in the year aforesaid: Came Wil- liam Marshall, Gent., the deputy attorney for the Commonwealth in the said Court, and filed his information ag't the Def't in the following words, viz: City of Richmond, to-wit: The Jurors for the Commonwealth within the body of the City,, upon their oaths, present, That George Bates, Labourer, did on the Twentieth day of March, 1791, and at divers other days between the 20th day of March, 1791, and the 3rd day of May, 1791, within the Jurisdiction of the Court of Hustings for the said City, sell by retail in small quantities, spirituous Liquors, to-wit: One Gill of Rum, one Gill of Brandy, One Gill of Whiskey, one Gill of Gin, one quart of Cyder, one quart of Beer, one quart of Wine, and a mixture of said Liquors, but more especially to a certain Zenas Tait, and suffered CALENDAR OF STATE PAPERS. 631 the same to be drank by the said Zenas Tait, at the house of the said George Bates, without having first obtained a License from the Court of Hustings for the said City, or from any other Court legally authorized to grant the same for that purpose, contrary to the Acts of Assembly for the Commonwealth of Virginia, in that case made and provided, and against the peace and dignity of the Commonwealth. WILLIAM MARSHALL, Deputy attorney for the city of Richmond, For JAMES INNES, Attorney-General. Whereupon came also the Def't by Charles Copeland, Gent., his attor- ney, and the said def't defended the force & injury when, &c., and prayed oyer of the presentment against him, and to him it was granted here, &c. And at another day, to-wit: At a quarterly Court of Hustings held for the city aforesaid, the 14th day of November following: Came as well the said William Marshall, attorney for the Commonwealth afore- said, as the Def't, by his attorney, and thereupon the said defendant defended the force and injury when, &c., and said that he was not guilty in manner and form as in the presentment against him is alledged, and of this he put himself upon the country; and the attorney for the com- monwealth likewise, and the trial of the issue was referred till the next quarterly Court. And now, this day, to-wit: At a quarterly Court of Hustings held for the said City, the 15th day of May, in the year 1792, (till which time the presentment aforesaid remained uncalled): Came as well the Attor- ney for the Commonwealth afores'd, as the Def't, by his Attorney, and thereupon came also a Jury, to-wit: John Livingston and eleven others, who being elected, tried and sworn the truth to speak upon the issue Joined, upon their oath do say that the def't is guilty in manner and form as in the presentment against him is alledged. Therefore it is considered of the Court that the Commonwealth receive against the Deft ten pounds, the fine imposed by law for the said offence, and that the said def't pay the costs of this prosecution, and may be taken, &c. A Copy-Teste: ADAM CRAIG, C. C. BOND OF WILLIAM WILLSON, Jr. Know all men by these presents, that we William Willson, Jr., John Kennedy, Amos E. Shepherd, Francis Bressie, and Willis Wilson, are held and firmly bound unto his Excellency Henry Lee, Esq., Governor of the Commonwealth of Virginia, and his successors, in the just and 1792. July 14th July 16th 632 CALENDAR OF STATE PAPERS. 1792. July 16th July 17th Suffolk full sum of one thousand pounds current money of Virginia, for the use of the said Commonwealth, to which payment well and truly to be made, we bind ourselves, our Heirs, Ex'ors & Adm'rs, jointly & severally, firmly by these presents. Sealed with our seals & dated this 16th day of July, 1792, in the 17th year of the Commonwealth. The condition of the above obligation is such, that whereas, the above bound William Willson, Jr., hath this day been appointed Clerk of the county court of Norfolk by the Justices of the said Court; now, if the s'd William Willson, Jr., shall well and truly perform the duties of his office according to the best of his skill and Judgment & without favour, affection or partiality, & preserve the records & papers belonging thereto so long as he continues in office, then the above obligation to be void or else to remain in full force and Virtue. Signed & sealed in the presence of WM. WILSON, Jr. [Seal.] JOHN KENNEDY. [Seal.] FRANCIS BRESSIE. [Seal.] AMOS E. SHEPHERD. [Seal.] WILLIS WILLSON. [Seal.] WILLIS WHITFIELD. CHARLES MOSS, JOALER, TO The Governor. Sir, William Towe, that is mentioned In the inclosed Proclamation, was this day delivered to me as Joaler. I am extremely desirous to know what is to be done with him. The Joal is very deficient and can- not hold him without more care and attention than I am able to exhibit. I am, with due respect, Your Excellency's H'ble Serv't. PROCLAMATION. By the Governor of the Commonwealth of Virginia-A Proclamation: Whereas, William Towe, who was convicted of Horse stealing at the last District Court held at Suffolk, hath made his Escape from the Jail of the said District, I have therefore thought fit, by and with the advice of the Council of State to issue this, my Proclamation, offering CALENDAR OF STATE PAPERS. 633 I a reward of One Hundred Dollars to any person, who shall apprehend and deliver to the Jailor at Suffolk the aforesaid criminal. Given under my hand, and under the seal of the Commonwealth, at Richmond, this 14th day of June, 1792. HENRY LEE. The above named, William Towe, is about five feet 8 or 10 inches high, small limbs, but straight and well made for activity; dark hair, thin face, and a brown complexion; he is very talkative, and uncommonly artful. ? THOMAS WISHART TO THE GOVERNOR. Suffolk, July 17, 1792. Sir, Agreeable to your instructions & request I paid the strictest atten- tion to the distribution of your proclamation for the apprehension of the noted villian William Towe; In consequence of which, he is taken and was on this day safely lodged in our Jail. To my astonishment and surprise he has been stealing horses in Carolina since his escape from this Jail, and one of them were taken with him and brought here, which is now to be seen and the facts easily to be proved. Such instructions as you conceive necessary to the Sheriff and Jailor are ardently wished for and impatiently expected. I am sir, with unfeigned respect, Your Excellency's most H'ble servt. Perry County: Joseph Cocks appeared before me, & swore that he had stole out of his pasture on Fryday night, June 29th, a mare, & suspects William Tow to have stolen the same; this is in the name of the state to com- mand you to summons men sufficient, & to take the s'd Tow, if to be found, & bring him before me or some other Justice to answer s'd com- plaint. Given under my hand this 3rd day of June, 1792. F. NEWBY, J. P. To any lawful officer to execute, & for want thereof, to Samuel Sutton, or Demsey Hinton, or any other person that except it. 1792. July 17th 80 634 CALENDAR OF STATE PAPERS. 1792. July 17th July 19th Washington County Nansemond, sp: This day Joseph Hendricks made oath before me, Archibald Rich- ardson, a Justice of the Peace for the county aforesaid, that he had ap- prehended a certain William Towe, whom he hath this day delivered into the custody of the keeper of the District Jail at Suffolk, and that the prisoner is the same William Towe mentioned in a proclamation dated the 14th day of June, 1792, Issued by his Excellency Henry Lee, Gov- ernour of the Commonwealth of Virginia, offering a Reward for appre- hending the said Towe. Given under my hand this 16th day of July, 1792. Test: A. RICHARDSON. THOS. WISHART. Suffolk, July 17, 1792. I, Charles Moss, Joalor of this District, do hereby Certify that I have this day received from Joseph Hendricks into my custody William Towe, who made his escape from the Joal of the said District the elev- enth of last month, and by virtue of a Proclamation issued by his Ex- cellency Henry Lee, Governor of this state, was taken and delivered to me as Jailor aforesaid. Given under my hand. ARTHUR CAMPBELL TO CHARLES MOSS, Jaolor. Sir, I inclose a copy of a letter from Governor Blount for information respecting the southwestern frontier. Since the departure of that Gen- tleman from Knoxville for Cumberland, the place appointed to hold a Treaty with the Chickasaws and Choctaws. We have the alarming intelligence that all the lower Towns of the Cherokees have seceded from their late engagement to the United States; that a large party of warriors had set out to intercept the Boat carrying the Goods for the Treaty, and as the river has been remarkably low, it is to be feared they have succeeded in their design. There are also serious apprehensions that Governour Blount and General have been attacked on their way out, as their Guard was but weak; one party of the enemy set off to attack the settlement in Virginia on Clinch & Powell's River. This CALENDAR OF STATE. PAPERS. 635 intelligence was brought a few days ago to Knoxville by a friendly chief of the upper Towns. We wait with impatience for the arrival of Governor Lee, that a representation may be made of the state of the Country, which is far from being in a capacity at present to resist so unexpected an Enemy. From Fort Washington I learn that the indians have lately been uncommonly furious, after killing people within view of the Garrisons in a late attack of a Guard of 20 men-eighteen were killed on the spot; that the messengers, Col. Harding & Major True- man, were not returned, and were given out for lost. Therefore it may be concluded all hopes of peace are evanished, and that the confederacy of the Enemy gains an accession of strength every year. As Govern- our Blount is absent, and it is uncertain when Governour Lee may reach these parts, especially if he is gone by way of the Sweet Springs, I thought the above was too interesting not to be known to the Executive as soon as possible. I set out to-morrow for the Post in Powell's valley, where my son William commands, and am in hopes of falling in with the Governor somewhere on the Frontiers on my return, and will en- deavour that he may have an interview with some of the principal offi- cers of the Territory and a friendly chief of the Indians in order that the counsels of the Enemy and their Instigations may in some measure be frustrated, until we are better prepared. • I have the honor to be with much Respect, Sir, Your most Obedient Servant. WM. BLOUNT TO COL A. CAMPBELL. Knoxville, July 1, 1792. Sir, I have to thank you for and acknowledge the receipt of two letters written while you were in the Territory. I should have been very happy in seeing you at this place. I am without the communications. you alluded to from Governor Lee. The Goods for the Chickasaws and Choctaws leave this to-morrow under the care of David Allison; Alex. Moore will command the Boat, and I have hopes they will pass the Tennessee unattacked by any party sufficient to take them. General Bickens and myself take the wilderness on Wednesday for Cumber- land. There are small parties both of Creeks and Cherokees out for mis- chief. The Spaniards have agents busy in bringing about a meeting of the Creeks at Pensacola in August, and of the Chickasaws and Choctaws immediately after at the Natchez. Old Fields and B-n has been up in the Cherokees, and Watts has gone down to Pensacola, I believe, with them. · 1792. July 19th 636 CALENDAR OF STATE PAPERS. 1792. July 19th July 19th Richmond I have reason to believe this is not well meant to the United States. One more defeat (but on that I do not count), will make our situation a very disagreeable one. I am, &c. Extract of a letter from Judge Campbell, dated Knoxville, June 30th, 1792: The Cherokees are no doubt divided in their counsels, but a majority are certainly for peace. A short time will give us proof of their intentions. They are now sitting in the greatest council perhaps ever held in the nation. The Spaniards have been tampering with them for some pur- pose, it is difficult to say what. GEORGE TODD'S PETITION TO THE EXECUTIVE. To his Excellence the Governor & the Honorable the members of the Privy Council for the Commonwealth of Virginia, the petition of George. Todd, of the City of Richmond, humbly sheweth that for several years past, until the month of June, in the year 1790, your petitioner had. been accustomed to keep a Tavern in this city, & always obtained a license for it from the Court properly authorized to grant one; that at that time his license having expired, & he not choosing to continue in public way, he advertised his intention in the public papers, which advertisement your petitioner begs leave to refer to; that at the time of his declining to keep a Tavern, he rented one of the houses which he was accustomed to use as the Public Room, to his son, William Todd, who used the same as a store, & obtained a license, signed by Adam Craig, Clerk of the Court, & to which your petitioner begs leave to refer; that your petitioner did never after the time that his license expired, sell any Liquors or mixtures thereof contrary to law, or suffer them to be sold in his house, but from time to time, in the month of March or April, 1791, the aforemontioned William Todd having business to attend to up the country, directed your petitioner to keep his retail store for him in his absence; that accordingly he did so, & at that time sold spirits by retail to a certain Zenas Tait, for the use of the said William Todd, and settled with the said Todd, supposing that by virtue of his license to keep a retail store, he would be permitted by the law to retail spirituous under the said License. That afterwards at a Grand Jury Court held for the City of Rich- mond, your petitioner was presented for having retailed spirituous CALENDAR OF STATE PAPERS. 637 liquors contrary to law. When the citation was returned, your peti- tioner appeared in Court & denied the charge & thought the prosecution was dismissed, & under that idea never gave himself any trouble about it; but now it is that William Marshall, the attorney for the City of Richmond, proceeded to file his information upon the presentment of the grand Jury, & has actually had your petitioner fined ten pounds besides the costs of the suit, & has had an execution levied upon the body of your petitioner, for the discharge of which he has tendered his prop- erty. But for as much as your petitioner is innocent of the fact for which he was presented, of which he believes the said Attorney is now perfectly convinced, and as he is willing to defray the expenses which the City has incurred in carrying on the prosecution, he humbly hopes that your Honorable Body will so far extend Relief to him as to remit the fine of Ten pounds to him on his paying the costs of the prosecution, as he is informed that he can expect relief in the premises from no other Tri- bunal if unsuccessful in his present application, & your petitioner as in duty bound will pray, &c. The subscriber begs leave to inform the Public that he intends to de- cline keeping Tavern, his license being out the first Monday in June next, but he intends to keep private lodgings and stabling, having every thing well adapted for the same, and on as reasonable terms as any in this City. Richmond, April 20th, 1790. GEORGE TODD. These are to license and permit William Todd, retail Merchant resid- ing within the City of Richmond, to retail Goods, Wares, & Merchandize within the same, for the term of one year from the date hereof, he having paid to me the tax imposed by law for the same. As witness my hand this fourth day of June, 1790. ADAM CRAIG. Be it remembered that at a quarterly Court of Hustings held for the City of Richmond at the Courthouse, on Monday, the 14th day of March, 1791: Benjamin Harrison, Junior, and sixteen others, freeholders of the said City were sworn a Grand Jury of Inquest for the same, and having received their charge, went out of Court, and after some time returned and made sundry presentments, among which is the following: "We do present George Todd for retailing spirituous Liquors contrary to law 1792. July 19th 638 CALENDAR OF STATE PAPERS. 1792. without a license, within twelve months last past, by the oaths of Z. July 19th Taite & Jas. Harrell, upon which presentment the following process was issued: The Commonwealth of Virginia, To the Sergeant of the City of Richmond-Greeting: You are hereby commanded to summon George Todd to appear before the Justices of our Court of Hustings for the said City, at the Courthouse, on the second Monday in May next, to answer a present- ment of the Grand Jury made against him at the last Court, for retail- ing spirituous Liquors without a License, contrary to law, within twelve months then last past, and have then there this writ. Witness, Adam Craig, clerk of our said Court, the first day of April, 1791, in the 15th year of the Commonwealth. ADAM CRAIG, C. C. And at another day, to-wit: At a quarterly Court of Hustings held for the said City on Monday, the ninth of May following, came William Marshall, Gent., the Deputy attorney for the Commonwealth in the said Court, and filed his informa- tion against the said defendant in the following words: City of Richmond, to-wit: The Jurors for the Commonwealth within the body of the said City, upon their oaths present, that George Todd did on the first day of January, in the year 1791, and the fourteenth day of March, 1791, within the Jurisdiction of the said Court of Hustings for the said City, sell by retail in small quantities spirituous Liquors, to-wit: One Gill of Rum, one Gill of Brandy, one Gill of whiskey, One Gill of Gin, One quart of cyder, one quart of beer, one quart of wine, and a mixture of said Liquors, but more especially to a certain Joseph Harrel and Zenas Tate, and suffered the same to be drank by the said Harrel and Taite at the House of the said George Todd, without having first Obtained a License from the Court of Hustings for the said City, or from any other Court legally authorized to grant the same for that purpose, contrary to the acts of Assembly for the Commonwealth of Virginia, in that case made and provided, and against the peace and dignity of the Commonwealth. WILLIAM MARSHALL, Deputy attorney for the city of Richmond, For JAMES INNES, Attorney-General. Whereupon, came also the Def't in his proper person; and thereupon the said defendant defends the force and injury when, &c., and saith CALENDAR OF STATE PAPERS. 639 1792. that he is not guilty in manner and form as in the presentment against him is alleged. And of this he putteth himself upon the Country and July 19th the said attorney likewise, and the trial of the issue iz referred 'till the next quarterly Court. And now at this day, to-wit: At a quarterly Court continued and held for the said City, on Thurs- day, the 17th of November following, Came the Attorney for the Com- monwealth aforesaid; and thereupon the defendant having pleaded "not Guilty" to the presentment aforesaid, Came also a Jury, to-wit: George Mann & Eleven others, who being elected, tried, and sworn the truth to speak upon the issue Joined, upon their oath do say that the Def't is guilty in manner and form as in the information against him is alleged. Therefore it is considered by the Court that for such, his offence, he make his fine with his Excellency Beverley Randolph, Esq., Governor or chief magistrate of this Commonwealth, and his successors, by the pay- ment of ten pounds for the use of the said Commonwealth, and pay the costs of this prosecution, & may be taken, &c. Test: ADAM CRAIG, C. C. ARTHUR CAMBELL TO THE GOVERNOR. Sir, A few days ago I was informed by Captain Andrew Lewis that you were shortly to be out on the frontiers, but it was uncertain whether you would first review the Company on duty in Wythe county and so proceed down the Clinch, or come by way of Washington first, and so on to Russell County. I have waited until this day in hopes to hear from you, but the urgency of the situation of the Detachment my son commands in Powell's valley, being sent there illy supplied in provisions and the men uncasy about their first month's pay together with the daily expectation of an attack from the lower Cherokees, make it neces- sary that I should repair to his station to aid with my advice in so crit- ical a situation. The letter I wrote General Wood yesterday, which will be here for your perusal, will give you particulars. In it I mentioned an intention for you to have an interview with some of the principal Inhabitants of the Territory. By a line to Gen'l Sevier he will meet you when you think proper, and if you can stay until the first of August, "The Hang- ing man," our great friend among the Cherokees could meet you at Hawkins Court house, or at Mr. Hunt's at Ross's Iron works by that day, also one or both of the Judges of the Territory, and as many of the July 20th 640 CALENDAR OF STATE PAPERS. 1792. County Lieuts. of this State as you may think proper, together with July 20th Captain Lewis. If the Cherokees have taken the Boats, a war with the southern Indians must ensuc, so that you will readily see the impor- tance of the crisis, and how much service you can do by carrying back a full representation to the President of the United States, July 21st Harrison Co. July 22d Sir, I am, Sir, most Respectfully, Your obedient servant. BENJAMIN WILSON, COUNTY LIEUTENANT, TO THE GOVERrnor. Please accept my sincere thanks for your singular care and atten- tion to the protection of our exposed frontier, and in particular for your sending one of your Own Body to view our situation, and his being so able to make the necessary arrangements. Since General Wood left this part of our Country, The Indians have made three Incursions in the upper end of this County-no person has been killed; they have stolen about twenty horse creatures. They were pursued each time but could not be overtaken; They have broke up some of the frontier people in taking of their horses, which must dispirit them. Should the Indians meet with no check this fall, I am convinced many of our people will not expose their lives and property any longer on the Frontier. I am, Sir, Your obedient Servant. JAMES MADISON, JR., TO THE Governor. Sir, The report of which the enclosed is an authentic copy, having been made to the House of Representatives, it is possible that the Executive may not have been furnished with it by the Senators of this State. I take the liberty therefore of forwarding it, And am with the highest respect & Esteem, Your most obed't h'ble Servant. CALENDAR OF STATE PAPERS. 641 Sir, I had the favor of your letter of this date, in which you desire to know the length of time in my opinion it will take to finish a statement of the accounts of Maryland. Without entering into particulars, I answer that it is my opinion, with the assistance I have, the whole of the accounts of Maryland cannot be restated sooner than the latter end of May or beginning of June next. I think however, it will not take longer time than I have mentioned. No. 1. Vine Street, 1st November, 1791. I have the honor to be Respectfully, Sir, (Signed) Your mo. obed. Serv't, CHRISTOPHER RICHMOND, Agent for the State of Maryland. WILLIAM IRVINE, Esq., Comm'r. No. 2. I am, Sir, very Respectfully, : Sir, In answer to your request of this date, I beg leave to inform you that I have no statements but what may be completed in three or four months, without interfering with the progress of examination already going on under the control of the Board. With respect to the length of time which will be necessary for the examination of the accounts, it will much depend upon the arrangements of the Board, tho' from the experience we have already had in the business, and considering the peculiar situation, in which the accounts of Virginia are placed by the destruction of Documents by the enemy. I am clearly of opinion that the investigation of the claims of that state upon the most expeditious arrangement, consistent with the designs of it, cannot be completed in less than twelve months from this time. 7th November, 1791. Your most obed. Servant, 1 WM. DAVIES. 1792. July 22d 81 642 CALENDAR OF STATE PAPERS. 1792. July 22d July 23d Auditor's office July 22d 2nd. The expiration of the first commission, the resignation of mem- bers of the Board, and the lapse of time that ensued before the places could be filled up, consumed a considerable part of the period appor- tioned to the settlement. These causes are losing their effects daily; therefore the Board are of opinion that a final settlement is practicable, but that it cannot be com- pleted by the first day of July, 1792. The Board further suppose that upon the principles of the existing law, if no unforseen event arises, a final settlement may be made by the first of July, 1793. All which is Respectfully submitted. November 12th, 1791. WM. IRVINE, JNO. KEAN, Commissioners. J. PENDLETON, AUDITOR, TO THE Governor. Sir, I beg leave to request a warrant for forty dollars upon account, to defray the usual expence of the Public Riders. I am, with Respect, Y'r Ex'y's most obe't serv't. No. 3. Office Agents, North Carolina, 8th November, 1791. Sir, We have given that consideration to your letter of yesterday's date, which its importance required, and in answer beg leave to inform you that by the first of January next, we hope to be able to complete the statement of the account of North Carolina for militia services and sup- plies; before which time we are confident it cannot be effected, and if we are under the necessity of going into a restatement of our vouchers for specifics, (which, however, we hope from the proposition heretofore made by us to your Board may be avoided), it will take up a period of at least three to four months longer. We shall have one sett of books completed in all this week, which will contain nine thousand and sev- enty-nine vouchers, as originally entered by the Comptroller of North Carolina, and perhaps twice that number, as restated by us under the CALENDAR OF STATE PAPERS. 643 several heads, agreeable to the mode approved by the Board; and we shall be in readiness to go into the examination of this sett of Books with the Board as soon as completed, and of others in course as they shall be made up, or we will complete the restatement of the whole prior to commencing any examination, as shall best meet your appro- bation. • Sir, We have the honor to be, Sir, General Irvine, Commissioner. A Copy: Ļ Your mo. Obed. servants, A. THOMAS, JAS. TAYLOR, Agents of North Carolina. JOHN BECKLEY, Clerk H. R's U. S. REPORT OF BOARD OF ACCOUNTS. Office of Accounts, November 12, 1791. We have the honor to transmit the Report of this Board on the order of the House of Representatives of the 3rd instant. With great Respect, we are, sir, Your mo. obed. servants, WM. IRVINE, JOHN KEAN, Commissioners. The Hon'ble Johnathan Trumbull, Esq., Speaker of the House of Rep- resentatives. In obedience to an order of the House of Representatives of the 3rd Instant, the Board of Commissioners for settling the accounts between the United States and individual states, Report That considerable pro- gress has been made towards an adjustment of the claims of the States from New Hampshire to Delaware inclusive, and of South Carolina, and that the vouchers of the State of Georgia have been examined. That a considerable part of the accounts and vouchers of the States of Maryland, Virginia, and North Carolina, have by consent of the 1792. July 22d 644 CALENDAR OF STATE PAPERS. 1792. July 22d July 25th July 26th Auditor's office July 26th Richmond Board been returned into the hands of the agents of those States to be examined and re-stated, the Agents of other Statos having had similar indulgencies when required. The time requisite for those re-statements will appear from the papers marked 1, 2, 3. The accounts thus re-stated are only in order for the examination and final determination of the Board. Two causes have principally retarded the progress of a final settlement of the claims of the several States. 1st. The States not having subdivided their claims under similar heads, the extent of particular claims of the greatest magnitude could not be seen, nor the evidence in support of them. Thus circumstanced, the Board thought it improper to fix principles respecting those claims until they could make an examination of every State's demand for similar purposes. NATH'L WILKINSON'S RECEIPT FOR ARMS. Received of Capt. Samuel Coleman, assistant clerk to the council, sixty-eight stand of arms for the use of Capt. John Wilson's company of militia, he having given Bonds to return said arms when demanded by the Governor & council and to indemnify. NATH'L WILKINSON, County Lieutenant. THE AUDITOR IN REGARD TO THE CHANCELLOR'S SEAL. The chancellor wishes to have the seal executed in steel, w'ch, as ap- pears by the enclosed letter will exceed the sum limited by law-Acts of '90, ch. 2, p. 27th. The Chancellor requested the auditor to submit to the hon'ble the Executive, whether they would order the Excess to be p'd out of the contingent fund. Sir, The stove now in the court room not being sufficient to make it comfortable in winter, and the Judges of the Court of Appeals having expressed a wish that I would undertake to procure one better adapted to it, and also glass for the inner windows therein, which have not yet. J. BROWN TO THE GOVERnor. CALENDAR OF STATE PAPERS. 645 1792. been finished, I have addressed this letter to your Excellency to in- form you thereof, and to signify my willingness to engage in this busi- July 26th ness as an Agent for the public, and to conform to such directions as the Executive may think proper to give me. I have the honor to be, Your Excellency's most obedient serv't. Elizabeth City Court, July 26th, 1792. July 26th Pursuant to the Act of Assembly, in that case made and provided, Elizabeth the Court do nominate to his Excellency the Governor, and the Hon'ble City County privy Council, George Booker, William Moore and William Lary Sel- den, Gents., for one of them to be commissioned sheriff of this County the ensuing year, and the same is ordered to be certified. A Copy-Teste: SOLOMON TABB, C. E. C. List of such Executions as have been returned-the property not sold for want of Buyers. Southampton.-John Rogers, Sheriff, Judgm't June, 1788; Rev. 86. Levy'd on Goods & chattels. Dinwiddie. John Jones, Sheriff, Judgm't Nov. '91; Rev. '87. Levy'd on Lans & Tonements. Hanover. Garland Anderson, sheriff, Judgem't Oct., 1784; specific Auditor's 82. Levyed on goods & chattels. office Hampshire. Stephen Ruddle, sheriff, Judgem't Oct., 1784; Rev. 82. Levy'd on Goods & chattels. Berkeley. Henry Whiting, Sheriff, Judgem't Dec., 1786; one p. C't 84. Levy'd on Goods & chattels. Isle of Wight.-Laurence Baker, Sheriff, Judgem't Oct., 1786; Rev. 85. Levy'd on Goods and chattels. Southampton.-Micajah Holliman, Sheriff, Judgm❜t June, 1790; Rev. '87. Levy'd on Lands & Tenements. Southampton. Micajah Holliman, Sheriff, Judgm't June, 1790; Rev. 1788. Levy'd on Lands & Tenements. Culpeper. James Pendleton, Sheriff, Judgm't June, 1791; Rev. '89. Levy'd on Lands & Tenemonts & Goods & chattels. Shanandoah.-Abraham Byrd, Sheriff, Judgm't June, 1791; Rev. '89. Levy'd on Goods & chattels. July 646 CALENDAR OF STATE PAPERS. 1792. July August 2d August 2d Spotsylvania.-William Mills, Ju ¡gm't June, 1791; Rev. '89. Levy'd on Lands & Tenements. Southampton.—John Simmons, Sheriff, Judgm't Nov. 1791; Rev. '89. Levy'd on Lands and Tenements & Goods & chattels. Sussex.-John Mason, Sheriff, Judgm't Nov., 1791; Rev. '89. Levy'd on Goods & chattels. Albemarle. Michael Thomas, Sheriff, Judgm't Nov., 1791; Rev. '90. Levy'd on Lands & Tenements. Fauquier. Thomas Bronough, Sheriff, Judgm't Nov., 1791; Rev. '90. Levy'd on Lands & Tenements. Nansemond.-John Colos, Sheriff, Judgm't Nov., 1791; Rev. '90. Le- vy'd on Lands & Tenements & Goods & chattels. Southampton.—John Simmons, Sheriff, Judgm't Nov., 1791; Rev. '90. Levy'd on Lands & Tenements, Goods & chattels. P M A M M J Sussex. Lawrence Smith, Sheriff, Judgm't Nov., 1791; Rev. '90. Levy'd on Lands & Tenements. J. PENDLETON, Aud'r. At a court held for Nottoway County the second day of August, 1792: Present: William Fitzgerald, Robert Eitzgerald, William Watson, & Edmund Wells, Gent., Justices. Rawleigh Carter, Peter Randolph, & William Greenhill, Gent., are by the court recommended to his Excellency the Governor, as fit per- sons to execute the office of sheriff of this county for the ensuing year. Copy: J. HOLMES, C. N. Ct. PETITION OF JOSEPH CLARK. To his Excellency the Governor and the Honorable the Council of State: The petition of Joseph Clark humbly sheweth That your peti- tioner entered the service of his County at a very early period of the late war, and continued in the same for five years, during which time he conducted himself in such a manner as to gain the Esteem and con- fidence of his officers. Worn out with the fatigue and hardships attending an army, which hurrried on him the infirmities of old age, Your petitioner has long since been incapacitated from obtaining a Livelihood by Labour. By the assistance of some of his friends, your petitioner was enabled to lay in a few gallons of Rum, which he disposed of by retail, without obtaining a license, not being able to pay the necessary fees attending CALENDAR OF STATE PAPERS. 647 1792. one, and for doing of which, your Petitioner was presented by the Grand Jury, fined, and imprisoned. Now, your petitioner begs leave to August 2d represent to your honorable body that he has been in confinement for weeks; that he has no way of paying the fine, not possessing a shilling in the world; and that the Joal will be his dwelling place for Life, unless your honorable body will intercede in his behalf. Your petitioner therefore humbly prays that his case may be taken into con- sideration, & that the fine may be wholly remitted, or such other relief afforded him as in your wisdom may appear proper, and your petitioner as in duty bound will ever pray, &c., &c. Clarke has been frequently employed as an Express, with Public Dis- patches, and has always, when so employed, acquitted himself well. SAM. COLEMAN. I do certify that Joseph Clark was enlisted or otherways engaged to serve in this state service as an Artificer in the Laboratory—the direc- tion of which Business I had. Clarke served to the end of the war. He always did his duty, and as far as I know of the lame man since he has behaved well. I believe Clark served some time in the Continental Laboratory before he engaged in the service. Given under my hand Aug. 1st, 1792. Sir, W. REYNOLDS. N. B. This will more fully appear by having reference to returns deliver'd Colo. Merriwether, the clerk of the Council (as to his service). SAM. COLEMAN TO THE LIEUTENANT-Governor. Since I last had the honor to report on the subject of the militia, the County Lieutenants of New Kent, of Louisa, of Fluvanna, of Essex, of Sussex, of Campbell, and of Charlotte, have made returns of the strength of their militia. The County Lieutenant of Amherst has for- warded a return of one Regiment, and together with the County Lieu- tenants of Orange and Hanover, have declared upon oath that no monies have come into their hands by virtue of their offices. I have the honor to be, sir, Your most Ob. Servant. August 2d Council office 648 CALENDAR OF STATE PAPERS. 1792. August 2d Council office August 2d f SAM'L COLEMAN TO THE LIEUTENANT-GOVERNOR. Sir, I have the honor to inform you that the papers presented yesterday by the Gentleman from Kentucky, were a claim for Rations for militia Rangers ordered into service in Kentucky for the year 1791, under the instructions of the Executive of the 29th of December, 1790. These instructions, which were forwarded to General Scott, expressly require as evidence of the service of Rangers, A muster-Roll, a pay-roll, and a Ration Abstract, as a mutual check and as an inducement to a settlement as well of the pay as the Ration Account. I Therefore gave it the Gentleman as my opinion that the one would not be settled with- out the other. I have the honor to be, sir, Your most ob. servant. PETITION TO THE GOVERnor. Petition of sundry citizens of Hanover for the pardon of Braxton, a negro boy, condemned to be hung: To his Excellency, the Governor, & members of the Hon'ble council: The petition of the subscribers, Inhabitants of the County of Hanover, & neighbours to Mr. Pettus Ragland, humbly shew that they understand a negro lad about 16 or 17 years old, named Braxton, form- erly belonging to the s'd Ragland, but tried in the name of Joseph Pet- tus as his property, was by the sentence of county court of Hanover, condemned to be Hang'd, & they believe that as the s'd Negro is young, that he was drawn into the crime for which he is condemned, by others, and that they are in hopes he will reform & hereafter make a good slave, & the subscribers understand that the s'd Negroe is recommended by the s'd Court as an object of mercy. They therefore humbly pray that your Honours will be pleased to grant to the said Braxton a pardon. And they as in duty bound shall pray, &c. Will Littlepage, Peter Christian, John Snead, J. B. Woolfolk, Wm. Richardson, Fleming Gatewood, Wyatt Jones, John Priddy, Thos. Longan, John Cross, John Wingfield, David Harriss, Richard Crenshaw, John Glazebrook, Mitchell Davis, Natt'o Hill, CALENDAR OF STATE PAPERS. 649 Jas. Littlepage, Jacob King, Wm. England, Supry Davis, J. Rawlings, Jr., Rob't Perkins, Garret Whitman, John Loyall, John Crenshaw, Henry Hall, William Davis, Henry Cross, Joseph Cross, Jr., Nathaniel Davis, Elmore Harriss, Cornelius Tinsley, William Tinsley, Rich'd Davis, Gideon Ragland, James Priddy, Willliam Harriss, Nat. Hanes, William Lambeth, William Hargrove, Lewis Davis, Robert England, Oliver Cross, Edward Lankford, Absalom Ragland, Nath❜l Glinn, David Oliver, Jno. Davis, Gideon King, Paul Thilman, Parke Street, Jas. Anthony, John Ragland, Shelton Ragland, George Davis, Henry Priddy. At a Court appointed and held for Hanover County on Thursday, the 2d day of August, 1792, for the trial of Isaac, a negro man slave, the property of Edward Lankford, and Braxton, a negro man-slave, the property of Joseph Starke, who were committed to remain in custody of the Sheriff of this County, on suspicion of feloniously and Burglariously breaking and entering the dwelling house of Luke Anthony, in the parish of Saint Paul, and County aforesaid, in the night time, to-wit: between the hours of nine and twelve in the afternoon of the 12th of July last past, and feloniously and Burglariously stealing, taking and carrying away four pieces of bacon of the value of 20s, ten yards of cloth of the value of 20s, and one Trunk of the value of 20s, of the goods & chattels of the said Luke Anthony, then and there found. Present: Wm. O. Winston, Elisha White, Wm. Norvell, John Bullock, Thomas Macon, Merriwether Jones, Gent., Justices. The prisoners aforesaid being led to the Bar and arraigned for the felony and Burglary aforesaid, pleaded not guilty, and thereupon Judith Anthony, the wife of the aforesaid Luke Anthony, and Harry and Jack Christian, negro slaves, the property of the said Luke Anthony, being sworn and examined, the Court are unanimously of the opinion that the said prisoners are guilty of the Burglary and felony aforesaid, and 1792. August 2d | 82 650 CALENDAR OF STATE PAPERS. 1792. August 2d August 3d New London August 6th Greenbrier that for the same they ought to suffer death without benefit of clergy. Therefore it is considered by the Court that they each be hanged by the neck until they be dead, and it is ordered that Execution of this Judg- ment be made and done on the said prisoners Isaac and Braxton by the Sheriff of this County, on Monday, the third day of September next between the hours of ten in the forenoon and three in the afternoon of the same day, at the Gallows near this place, and the Court do value the said Isaac to sixty pounds, and the said Braxton also to sixty pounds, which is ordered to be certified, and the said prisoners are remanded to Goal, there to be safely kept until the day of execution, and ordered that the sheriff do keep a good and sufficient Guard. But it appearing to the Court that the said Braxton, who is only about the age of seven- teen or eighteen years, has been corrupted by the said Isaac, the Court do therefore recommend him to the Governor and Council as a fit sub- ject for mercy. A copy-Teste: WM. O. WINSTON, THOMAS ROGERS, D. C. H, C. HENRY LEE TO THE HONORABLE GENERAL WOOD. Sir, I take the liberty to request you will be so good as to transmit to me all my private letters; Enclose them to the care of Mr. James Step- toe, at New London, where I shall meet them on my return. If the conveyance is not absolutely certain, please to forbear sending them. I bave heard nothing now either from the Southwest or the Northwest. With great regard, I am, JOHN STUART TO THE Governor. Y'r hl. Serv't. Sir, I am requested by Cap. Hugh Caperton, from the Kanhawa, to in- form your Excellency that three of his soldiers have been killed this summer by the Indians, And that he has not yet had it in his power to retaliate, altho' he has used all the diligence ho possibly could. He is at present in hopes of a reinforcement from Capt. Preston's company, with which he designs to scour the mountains between Kenawha & Ken- tucky, where he expects there is some hordes of the Enemy which ranges CALENDAR OF STATE PAPERS. 651 1792. in small detached parties on the Frontier, and are very troublesome to the Inhabitants of Kenhawa, who are all garrisoned.. No invasion has August 6th been made on the Frontiers of this County this season, and I am in much hopes we shall not be troubled whilst Capt. Caperton's company is so far advanced between us and the Enemy. The three Rifle Companys raised under General Government, part of which lys at our Court house, I expect, will take their rout to bead- quarters down the Kenhawa before long, and that march will be likely to create an alarm to the Indians that will secure us the remainder of the season. Gentlemen, I have the honor to be, Your Excellency's ob't Humble Serv't. WM. PRESTON TO THE GOVERNOR. Sir, Having received an appointment to the command of a company in the Federal army which I accept, obliges me to resign as Ensign in the company of volunteer militia under the command of Cap. Preston. Be pleased therefore to accept this, my resignation, and at the same time my unfeigned thanks for the honorable appointment. I have the honor to be, Sir, with respect, Your most ob. serv't. J. PRESTON TO THE GOVERNOR AND COUNCIL. My Ensign having accepted the command of a Company in the Rifle Regiment of the United States, has left the service in which he was engaged; his resignation will be presented herewith. As this leaves a vacancy in my Company of Volunteer militia, I beg leave to recommend Mr. James Taylor to fil it; he is at present in the service with me-is a gentleman in whom the Executive may confide, having both abilities & courage to execute the duties of this office. I hope should the Executive think proper to honor my recommendation, that his commission may be transmitted to him as early as possible. I have the honor to be, Gentlemen, Your most ob't very h'ble Serv't. August 8th August 8th 652 CALENDAR OF STATE PAPERS. 1792. August 11th South- ampton Courthouse ▸ Sir, BEN. BLUNT AND OTHERS TO THE GOVERNOR. Your letter respecting Pensioners of the 6th ultimo, came yesterday to hand; in answer to which, we take the liberty to inform y'r Ex'cy that the List of Pensioners for 1790, is not in our possession, and whether those of our county that are on the list for 1789, are on the list for 1790, we know not. We find that Ann Hardgrove, Lucy Robin- son, and Mary Windham are on the list for 1789. It appears to us from the best information, that Ann Hardgrove and Lucy Robinson are the widows of Michael Hargrove and Hartwell Robinson, who was soldiers in the fourth Virginia Regiment on Cont'l Establishment, and that the said Hargrove and Robinson died also whilst in the service of their country, and that the said Ann and Lucy are in very indigent circum- stances—they, neither of them, have any children chargeable to them. Ann Hargrove is about 50 years of Age, and at present not able to sup- port herself by her industry or labour, owing to a cancer on her right hand, by which she has lost one of her fingers and is likely to receive further injury. Lucy Robinson is about 45 years of age, and is able to labour as women of that age generally are. Mary Windham is the widow of Benjamin Windham, who was a soldier in Colo. Dabney's state Legion, and died whilst in the service of the Country; she is about 40 years of age, and has several children, tho' they are all, except one or two of the youngest, able to maintain themselves, and they are likely to be able to earn a support in a few years. We beg leave to subscribe ourselves, Your Ex'cy's mo. ob't, H'ble Servants. August 11th APPLICATION FOR a Warrant by THE DIRECTORS OF LUNATIC HOSPITAL. At a meeting of the Directors for the maintenance and cure of per- sons of unsound mind, held at the said Hospital in Williamsburg, the 11th day of August, 1792: Ordered, that the Treasurer of this Hospital be directed to apply to the Executive for a warrant from the Auditor of Public Accounts on the Treasury of this state for the sum of Three hundred pounds for the use of the Hospital. A Copy-Teste: WILL. RUSSELL, C. C. D. CALENDAR OF STATE PAPERS. 653 RECEIPT FROM ARTHUR CAMPBELL FOR MONEY ADVANCED FOr Captain 1792. ANDREW LEWIS' COMPANY. Received of the Treasurer of Virginia by the hand of his Excellency August 11th Governor Lee, One hundred dollars in part pay of a detachment of Capt. Andrew Lewis' company of Volunteer militia, under the command of Ensign William Campbell. ARTHUR CAMPBELL. INDEX. A ACCOUNTS. Between Wm. Cocke and Commonwealth of Virginia for carrying books, &c., to New York.... Between United States and individual States, report on time necessary to complete them........ ... ………….. ACTS OF CONGRESS. Of Congress transmitted to the Governor of Virginia by the President of the United States of America...... ADAMS, GEORGE. To Governor Beverly Randolph; justices for Madison County recommended by Court; wishes to know why they were not appointed……………. ADAMS, ROBERT, Gent. Appointed surveyor for Wythe County; certificate from Walter Crockett, clerk of Wythe County Court to that effect.. .... AKIN, JOS., D. C. Pittsylvania County Court. To the Governor; recommending Joseph T. Williams for Lieutenant, and Thos. Tanner for Ensign of the Militia. ALEXANDER, GERARD. Certificate as to John Crane, Jr., as foreman of the Jury, was of opinion that Crane was guilty of manslaughter, and not wilful murder.... AMBLER, J., Treasurer. ... ALLEN. A slave, property of Wright Southgate, sentenced to be burnt in left hand and whipped...... ALLEN, THOS., Clerk of Mercer County Court. To the Governor of Virginia; Grant Allen recommended for Magistrate……………..... D Report of amount in Treasury. Report to the Governor; money in the Treasury £8,500. Treasurer's report... *.. Spécie in Treasury. Resigns as one of the Directors of the Public Buildings Report of Treasury; pressing call of James River Company. Act to improve navigation of James River Company, &c...... Examining and burning paper money of the State in Treasury. Protested bill of exchange; asks Executive what disposition is to be made of it…………. Tobacco in the Treasury; how it is to be disposed of... Mr. Prosser desires to purchase Tobacco for the purpose of paying security debt for delinquent sheriff.... ... ALEXANDER, WILLIAM. To Governor Beverly Randolph and the Council; petition for the payment of pro- tested bill of exchange......... ………………..259-60 27-8 640-4 35 ………. 195 159 34 495 592 191 19 38 .88, 93, 107 144 239 246 259 276 277 302-3 303 656 INDEX. To 330 352-3 Manner of selling lands for public taxes. To the Governor. 363, 382, 395 .... • If the sum to be paid for erecting Public Buildings at Washington ($28,000) is paid, it will exhaust the Treasury. Lands purchased for non-payment of taxes.. State of the Treasury. To Archibald Blair, Esq......... Tobacco in the Treasury, &c........ AMELIA COUNTY COURT. Militia officers appointed……………….. ... ANDERSON, HENRY. To Governor Beverly Randolph, concerning Amelia County C. H. and Public Buildings.... .... ANDERSON, M. To Gov. Beverly Randolph, relating to negro slave, James…... ARMS. A ARNOLD'S INVASION. ANDERSON, THOS. To Gov. Beverly Randolph; petition for remission of a fine by county court of Mecklenburg for assault on John Winkler.... ANDERSON, RALPH CRAWFORTH. 521-5 ……. Condemned to death for the murder of William Green; petition for his pardon, signed by many citizens.... Petition for pardon to the Governor and Council; signed by numerous citizens of Richmond... Numerous petitions for his pardon and certificates as to his insanity; sentenced to be hung... 525-8 530-3 Petition for a respite for one week, and certificate of Daniel Jones, as to his insanity. 560 ARTILLERY COMPANY. · ... ANDERSON, WM., Sheriff of Hanover County. To the Governor and Council; Adrien Wiscart in his custody; asks what to do with with him; is about to commit him to goal.…………………. Judgment entered against him of £420 for failure to pay into the treasury the above sum.... ASKEW, JAMES. ARCHER, PETERFIELD. Refuses to act as cornet in Powhatan cavalry…….. ARGYLE, a slave, the property of Sam'l Moseley. Condemned to be hung.... Communication from T. Gatewood concerning him.. ... ARCHER, EDWARD. To the Executive; praying for relief from confinement for debt due the common- wealth..... ARTHUR, COL. THOMAS, arrested for forgery. Charges against him…... Organized in city of Richmond……………………………… MO Received pension up to 1788.......... ... Drawn for Capt. Quarrier's artillery company.. Receipt of Nath'l Wilkinson, county lieutenant, for use of, for John Wilson's com- pany. Virginia claims against United States, &c.......... • A 100 .... 392 431 442 451 601 51 201-2 .95 199 148 398 376 2 486-7 543-4 600 644 170-2 278-9 600 169 INDEX. 657 ATTACK ON BOATS ON THE OHIO RIVER. Large number killed………….. AUDITOR. To the Governor; expenses of scouts or spies...... To Lieutenant Governor James Wood; Solicitor's office discontinued………….. AUDITOR'S BOOKS. For 1785 wanted by Colonel Davies in New York.... Report of committee appointed to inspect.………………. AUDITOR'S REPORT. To the Governor AUDITOR'S BOOKS, &c. Needed in New York for settlement of accounts between New York and Virginia. 20 AUGUSTA COUNTY COURT. Na AUSTIN, MOSES & CO. Recommend gentlemen as Justices of the Peace....... AUSTIN, MOSES. Contract to cover the Capitol with lead.. Required to perform their contract for completing the Capitol; great injury from the state of the roof and gutter....... Paid £800 for covering Capitol with lead.... BANK OF UNITED STATES. Established...………. BANKS & CO.'S CLAIM. Report on by solicitor.... BANKS, HENRY. .... AUSTIN, MOSES & STEPHEN. To the Gov. of Virginia; that the lead mines of Wythe county are sufficient to sup- ply the wants of the United States........ B BAILEY, MICHAEL, clerk Sussex county court. To the Governor of Virginia; court recommend for sheriff, Laurence Smith, Green Hill and Richard Harwell. BARNETT, COL. JAS. Case of.......…… …………. Relating to his claims against the Commonwealth.... Enclosing copy of Governor Miro's letter.... Tobacco; proposes to purchase and pay with his claim against Commonwealth To Governor Randolph...... To the Governor; list of Public articles sold.. Tobacco; claim submitted to executive...... ..... • BATE, R., Mayor of Petersburg. To Major Jno.. Pryor, late ordnance officer of Virginia; cannon left at Westham Foundry BARTLETT, a negro slave, property of James Bruce. Application for his pardon; condemned to death for stealing, &c........... *** 040 Communication relating to Benjamin Woodward...... BASSETT BURWELL. Chosen member of the House of Representatives of the United States.............. • 382 .414-15 198-9 422 · 77 360 467 95 592-4 224 186 189 258 19 161 240 .306-10 20-1 323 595-6 597 369 493-4 448 378 83 658 INDEX. To Gov. Beverly Randolph; attempts of incendiaries to fire the town..... To the Gov. of Virginia; incendiary fires in Petersburg....... BATES, GEORGE. Petition for remission of fine......... BAYTOP, JAS. To the Governor; asking for arms, apprehending insurrection…... Transmitting three copies of the Journal of the House.. Sending two copies of the Journal of the House....... Sending Journals of the House of Representatives..... BENNETT, JAS. Petition for remission of fine.......... BEAGLE, ANDREW. Convicted of horse-stealing and recommended to mercy; almost an idiot…………………………………………. 279 BEAUREGARD AND BOURGEOIS. Claims against Pollock.......... BEAUREGARD, LOUIS TOUTANT, AND L. LE BOURGEOIS. Charged by Oliver Pollock with sending a scurrilous paper to the President of the United States, reflecting upon Pollock, &c....... BECKLEY, JOHN, clerk House of Representatives, Philadelphia. To the Gov. of Virginia, enclosing three sets of the Journal of the House of Repre- sentatives of the late session....... BERRY, BENJ., JR. To James Wood, Esq.; relating to Wm. Johnston's reprieve........ • …………. ………… BERRY, L., Clerk King George county. Certificate that the circumstances of Mary Armstrong and Betsy Rigg are the same as when their pensions were granted...... BIRD, GEORGE, County Lieutenant of Middlesex county, to Gov. Beverly Randolph. Militia of Middlesex county; giving general return of the........... General returns of Middlesex county militia for 1789 and 1790.... ... ……………. ......629-31 ... .... BLUNT, BEN., AND OTHERS. BLAIR, JAMES. To Governor Henry Lee; relating to Walker and Henderson's lines………………….. BLAND, JAMES, Clerk Westmoreland County Court, to the Gov. of Virginia. The court recommend for sheriff, Samuel Rust, Beckwith Butler and John Roch- ester... ***** To the Governor; relating to pensioners for 1790, &c.......... BLAND, THEODORICK. Died in Congress at New York, June 1st, 1790; proceedings of Congress thereon.... BLOUNT DAVID. To the Governor; relating to the boundary line between Virginia and the S. W. Territory; shall continue to exercise Territorial authority to Henderson's line, notwithstanding the Governor's proclamation, &c...... BLOUNT, WM., Governor. Letter to him, enclosed to Governor Randolph with request to transmit it to Gov- ernor Blount... ******AN .109-11 To his Excellency, Gov. Henry Lee, promising information requested, and aid to the troops of Virginia on the frontier when necessary.. To H. Knox, Secretary of War; Indian affairs, murders by Indians, &c SURGE BLUNT, BEN. Desires information as to construction of the Act for the remission of militia fines. 401 405 · 585 251-4 37 202 283 559 626-8 585 223 96 297 451 191 162 557-9 206 457 500-1 325 652 INDEX. 659 BOGARD, CORNELIUS, AND ABRAHAM CLAYPOOL. To Governor Henry Lee; calling for aid for the county of Randolph against the Indians... BOND OF WM. SID CRAWFORD. As clerk of Amherst county.. BONDS FOR DUTIES. Solicitor's statement....... BONDS OF JOSEPH LENT AND LENOX & DAVIDSON. To furnish rations to the companies of Captains Lewis and Preston…………….. BOOKER, EDWARD, County Lieutenant to Governor Beverly Randolph. Militia of Amelia, return of for 1789..... BOONE, DANIEL. Taken prisoner; his son killed……... List of men and scouts.. Receipt for powder and lead....... Receipt from, for lead and powder....... BOONE, Jr., DANIEL. Killed; old Daniel, the father, taken prisoner. BOOTH, THOS. To the Governor and Council; wishes to buy rusty cannon and old salt pans for his foundry.... .... To the Executive; wishes to cast four large stoves for the public use out of the old guns, salt pans, &c...... BOUSH, JOHN, Clerk of Norfolk county court. To the Governor; certifies the court's recommendation that the pension of Sarah Linton, widow of Bernard Linton, be continued………………... BOWYER, H., Clerk Botetourt county court. To the Governor; Todd Samuel, sheriff, and securities...... BRACKEN, JOHN. To the Gov. of Virginia, relating to Haman Snow, a mariner, admitted to Lunatic Hospital at Williamsburg.. ·· BRACKINRIDGE, JOHN. Chosen a member of the House of Representatives of the U. S……………………. BRANNON, Slave, property of Carter Landon, condemned to death. Petition for his pardon....... ··· BRAXTON, a negro boy condemned to be hung. Petition for his pardon by citizens of Hanover County…....... ►Gamaka .... BRECKENRIDGE, JAMES. To Governor Beverly Randolph, enclosing petition of William Clark, of Washing- ton County, indicted for selling spiritous liquors... · • To Governor Henry Lee; petition of Capt. James Thompson that a negro fellow taken from him by a resident of the New Territory, be restored to him again...... To the Governor, relating to the kidnapping of slaves by certain persons now resi- dent in So. Western Territory…….. BRECKENRIDGE, JOHN. To the Governor; acting in unison with the State's Attorney in certain cases in Augusta...... 405-6 BRIDGER, WM. Recommended to the Governor as collector for Isle of Wight of Revenue Tax……………... 447 274 444 54 87 410 416 456 87 367 384 29 ....648-50 260 190 329-30 449 .313-14 453 601-3 495 364 I 660 INDEX. BRISON, JAMES, Prothonotary of Alleghany County, Pennsylvania. To his Excellency Thos. Mifflin, Esq., Governor of Pennsylvania; murder of Indians; depositions of Wm. Wilson and Jno. Hillman.... BRISTOW LANDS. In possession of the State..... BRISTOW, ROBERT, Estate in Prince William. Commissioners of Escheated property directed not to confirm sale.......... BROCKENBROUGH, JOHN. To Gov. Beverly Randolph and Council of State of Virginia.......... BROCKENBROUGH, NEWMAN, Sheriff of Essex County. Praying relief of 15 per cent. damages againt him...... BROEBECK. Case of... ... BROOKE, R. To the Gov. of Virginia; unable to comply with Governor's request.. BROOKE, H., Clerk of Fauquier County Court. Regarding the court-house, which is unfit to do business in on account of decay; requests the Governor to authorize the courts to be held at the house of Thos. Maddux in said county, until the court-house is repaired………….... BROOKE, H., Clerk Senate. Election of a judge of the Court of Appeals, in place of Jno. Blair, resigned...……….. Certificate as to election of Joseph Jones and Spencer Roane as judges....... Certificate that John Steele and Miles Selden were elected members of Council of State in the room of Carter Braxton and Charles Carter, who stand removed; election by joint ballot; also Hardin Burnley, in place of Thomas Madison, Esq., resigned.. BROWN, JOHN, Clerk General Court. *? BROOKING, THOS. V., Clerk Amelia County Court. Certificate that Henry Anderson, Edmond Booker, and John Pride are recom- mended for Sheriff.. BRYAN, BENJAMIN, Escheator for Elizabeth City County. Certificate from Johnson Tabb, clerk Elizabeth City County. ..... BROUGH, ROBERT. To Governor Beverly Randolph; resigns office of Notary Public......... BROWN, ALEX'R. To Governor Beverly Randolph, enclosing recommendation of Prince William Court of him as sheriff……………. BUCHANAN, DAVID, Alderman of Petersburg. Certifies the register of schooner "Liberty". •• .... ....257, 272 JAGGAGE • Account for arranging suits in General Court….... To the Governor; asking fees for arranging the various suits, &c., including the British suits........ To the Governor.. ..619-20 .. 286-7 BULLIT, CUTH. Bristoe's lands; Foushee, Tibbs, and himself appointed to receive the rents; Wm. Carr and Mr. Chapman to do the business... To Governor Beverly Randolph; papers in Col. Tebbs' possession at his death; Capt. Carr's account; very defective......... BULLOCK, LIEUTENANT JOHN. To the Governor of Virginia; petition to be relieved of a fine by court-martial for non-attendance at a general muster........ 284 273 142 53 6888 65 66 225 466 210 365 206 199 302 644-5 130 22 272 283-4 191 INDEX. 661 BURKES, CHARLES. Sentenced to death for horse-stealing; petition for his pardon, and remonstrance against it......... BURNLEY, HARDIN. To Governor Beverly Randolph.…………. BUTLER, GENERAL, of Kentucky. Killed at St. Clair's defeat....... BURWELL, LEWIS. To Governor Beverly Randolph; Chas. Burton's petition for remission of a fine for assault and battery on W. J. Burrus...... CABINES, WM.. BYRD, OTWAY. To Sam'l Coleman, Esq.; resignations of Major Gregory, and Ensign Marston......... To the Governor and Council....... с CABELL, SAM'L J., County Lieutenant of Amherst county. To the Governor of Virginia; Amherst Militia; no power to hold court-martial, &c. To Governor Randolph; Militia of Amherst county; encloses return of same…..……….. To the Governor of Virginia, enclosing Major Pamplin's resignation as major of militia..... ... .212-13 CALL, DANIEL. Chosen a member of the House of Representatives of the United States.. CALVERT AND GARDNER. Claim for property destroyed in Norfolk. CALDWELL, JNO.; Lieutenant Col. 2d regiment. To Governor Beverly Randolph; returns of Militia in Nelson county.. To the Gov. of Virginia, in regard to certain scout certificates, payment of which, on account of informality, cannot be obtained.. • 399-400 - a .... 360 262 To the Governor; difficulty between the Creeks and Spaniards; McGillivray alarmed at his situation, &c....... To the Governor; letters sent to Kentucky by Jesse Walker; Walker's safe arrival; Hannah Tackett escaped from an Indian; emigrants attacked by Indians...... To James McGavock; has the Executive's order for 2,000 pounds of lead...……………. 182 76 79 150 367 42 79 450 CAMPBELL, ALEXANDER. To the Governor; relating to the sentence of Alexander and Isaac Hawes, two youths about 15 years old, for taking a lamb out of the enclosure of Mrs. Noell... 501-2 CAMPBELL, ARTHUR. To Governor Beverly Randolph; encloses a return of the Militia of Washington county, for Oct. 1789...... To the Governor; Washington county Justices; boat with ammunition for Chick- asaws passed the narrows of Tennessee. Letters received for and forwarded to Gov. St. Clair, and others.. Letters to Governor Henry Lee and Governor Blount, relating to affairs in S. W. Territory, &c.; Col. Daniel Trigg recommended, &c...... To the Governor, enclosing an extract of a letter relating to Indian affairs in South West Territory.... 424-6 52 147 212 578-80 479-81 To the Governor, relating to Walker's line as the boundary of the state..... Intelligence that the Cherokees are on the war path; great alarm; people being killed by the Indians; letter from Governor Blount.... 609 634-6 To the Governor, relating to affairs in S. W. Territory; an attack expected from the lower Cherokees... ..639-40 653 Receipt from, for money advanced for Capt. Andew Lewis' company. To the Governor; gives his views in relation to defence of the Western Frontier, and that a ranging company stationed on Clinch, will ill answer the purpose of defence..... 4-6 10-11 221 71 662 INDEX. CANNON AT NORFOLK. Property of U. S…………………….. CAPE HENRY LIGHT-HOUSE. Account with Bassett Moseley, Clerk and Treasurer.. Two acres required to be ceded for same... Plot of two acres... Cape Henry Stone...... CAPITOL. CAPERTON, HUGH, AND GEO. CLENDINEN. To Capt. Wm. Morris, relating to affairs in Kanawha, &c., enclosing certificate from Capt. Morris... CARRINGTON, COL. ED. CAPERTON, H. To George Clendinen, county lieutenant; roll of the company who did duty at Greenbrier, &c.......... -536-7. Report of appropriations, expenditures, &c.... State funds, whence derived for building... Roof to be covered with lead, and general court-room and portico to be paved..... Rooms; request by clerks to lodge in one, refused... Columns and portico........ Proceedings of Directors..... To Governor Randolph...... CARTER, CHARLES, Privy Counsellor. Oath administered to him...... CARRINGTON, M. To the Governor, relating to property belonging to the Buchanan Furnace, especially the negroes belonging to the state; Mr. Carrington desired by the Governor to sell the negroes……... CARTER, ROBERT. To Governor Beverly Randolph.... CARTER, LANDON. To the Governor, begging reprieve of his slave, Brannon, condemned to death including requests from various persons for his pardon........ CHANCELLOR'S SEAL. CHARGES. CESSION. By North Carolina to Virginia, of lands between Walker's and Henderson's line not legal........ Communication from the Auditor relating to………………….. Against Col. John Evans.......... CHEROKEE INDIANS. ...... CHAFFIN, JOSHUA, AND JOHN ROYALL, Jr. To Gov. Beverly Randolph; persons recommended to reassess Amelia and Notto- way county lands..... CHEROKEES OF LOWER TOWNS. ……….. CHEVALIER, MR. U The Secretary of War thinks disposed to maintain peace...... Introduced to the Governor......…………………………………….... STRANG Seceded from their engagements with the United States...... 04 CARUTHERS, JOHN. Recommended by Rockbridge court as a proper person for Justice of the Peace...... 390 ·· ………… » D ... .... 195 100 97 114 .... 190 265 552-3 77-8 77-8 95 98 174 592-4 356 11-12 71 329-30 217 588-9 257-8 644. 603-4 609-10 634-6 29 INDEX. 663 CHICKASAW INDIANS. Resolution of the House of Delegates for their relief............. CHICKASAW NATION. Ammunition furnished to them for defence.... Ammunition for chief.... A CLAIBORNE, WILL. DAN. To Gov. Beverly Randolph; declines to serve as sheriff of King William county..... CHRISTIAN, GILBERT. To Col. Arthur Campbell; relating to Walker's and Henderson's lines, &c............. 588–9 CIRCULAR. To the County Lieutenant and Field Officers……….. CLAIBORNE, WM. To Gov. Beverley Randolph; appointed in 1780, to purchase horses, &c.; memoran- dum of settlement made... CLAIMS OF VIRGINIA. · To Gov. B. Randolph; his accounts taken from Auditor by the assembly and re- ferred to the Executive; thinks the Auditor prejudiced against him.. To Gov. B. Randolph; enclosing papers; evidence that the Auditor's recollection is not always correct.... To Gov. B. Randolph; expenses of traveling from Richmond to Philadelphia...………….. Against the United States.... CLARK, CHRISTOPHER. Chosen a member of the House of Representatives of the United States………………… CLARK, DANIEL. Certificate from; that he had paid certain claims in Louisiana……………. CLEMENT, ADAM. To the Governor; requests commission as sheriff. CLENDINEN, GEORGE. To Gov. Randolph, regarding the new county to be formed out of Greenbrier and Montgomery. To Gov. Randolph; in regard to affairs in Kanawha....... To Gov. Randolph; regarding the necessity of the State, at her expense to longer keep troops in the field; scouts and rangers discharged; indians hostile; young Dan Boone killed; old Dan Boone a prisoner; horses stolen, &c..... Gov. Randolph and the Honorable members of Council; asking an examination of enclosed papers......... To Beverly Randolph; indians about to attack settlements on Ohio and Kanawha rivers... To Gov. Randolph; defence of Kanawha and neighboring counties, &c... To Gov. Randolph.. ... COASTING ACT. ·· To Gov. Randolph, about defence of frontier.... To Gov. Henry Lee, relating to defence of Kanawha county. To the Governor; Indians Committing depredations in Kanawha and border coun- ties... Imperfect and needs amendment... CLARK, JOSEPH. Petition to the Executive for relief from a fine for selling liquor without a license 646-7 CLAYTON, WM., clerk of New Kent county court. States that Wm. H. Macon, High sheriff, will resign his commission...... ... ▼ D 43-4 COCKE, RICHARD. To the Governor, relating to a military certificate purchased by him of Brazil Hoomes; said certificate retained by the auditor... 43-4 51-2 576 56 285 286 304 325 115 448-9 38 99 357 14-15 15-17 86-7 97 138 238 239 241 459-61 561 176 506 664 INDEX. COFF, a negro man slave. Convicted of felony and sentenced to death…....... To the Governor; militia returns; delinquents in fines, &c... To the Governor; scouts' claims..... COLEMAN, SAM. 2 53 Pay due the guard, &c., at Point of Fork, for the last quarter ending 30th June, 1789. To the Governor; militia returns from various counties of the Commonwealth... To the Governor; militia returns..... .71, 93, 107, 131, 195, 249 To the Honorable the Council; James McGavock's accounts for public lead deliv- ered at Fort Chiswell and other places....... To the Governor; asks permission to employ a young man in his office.... To the Governor; accounts of Alias Langham, superintendent at Point of Fork examined....... …………. Relating to scouts for Monongalia county To the Hon. Lieutenant Governor; Edward Pindell's claim for services as a scout... To the Hon. General Wood; quarterly returns from E. Langham, at Point of Fork. To the Gov. of Virginia; claims for defence of Jefferson and Mercer counties........ To Gov. Beverly Randolph; pay rolls at Point of Fork; estimate of forage, &c………….. To Gov. Beverly Randolph; inilitia cavalry in Jefferson county; none authorized; scouts and rangers…………….. To Gov. Beverly Randolph; militia returns... To Gov. Beverly Randolph; scouts and rangers in Harrison county, and in Ran- dolph county. To Gov. Beverly Randolph; scout services, Jefferson county ... ... To the Governor; quarterly returns from Point of Fork, &c.... To the Governor; return of final settlement and commutation certificates from Mr. Dunscomb. Reports to the Executive; number of militia from certain counties.. To the Governor; papers in his possession relating to Kentucky To the Governor. 4 ……….. To the Governor; Daniel Hylton's account, &c......... To the Governor; Quarterly accounts at Point of Fork.. Report to the Governor... ··· Report of provisions furnished Point of Fork.... COU a . 10 To the Governor; Mr. Quarles' contract for supplies at Point of Fork ... 304-6 To Gov. Randolph; quarterly accounts from Point of Fork examined….... Embracing two letters from Gov. Randolph to the Governor of Pennsylvania, relat- ing to Brady and McGuire..... Enclosing to the Executive account of Mr. Quarles, contractor, to furnish provisions for Point of Fork Reports number of scouts paid from Russell county... To the Governor; accounts of superintendent at Point of Fork examined and found correct..... .... ·· 'D ·· 339 353 354 ........357, 374, 378, 391, 401, 433, 458, 472 Report relating to the imputed indebtedness of James Hunter, deceased, sup't of public foundry. To the Governor, relating to Scouts and Rangers.……………. To the Governor; on memorial of Timothy de mon Breun, (referred to him,) Lieut. of the Illinois regiment.. * 1. To the Governor; brass cannon at Taylor's Ferry, on Pamunkey River... To the Governor, enclosing a roll of Captain John Morris' company.. To the Governor; statement of his examination of the returns at Point of Fork..... To the Hon. General Wood, relating to the claims of scouts of Fayette county. To the Governor; asks appointment to Adjutant General of the state...... To the Governor; report of Point of Fork….... To the Lieutenant Governor; strength of the militia of New Kent, Louisa, Flu- vanna, Essex, Sussex, Campbell, and Charlotte, Amherst, Orange, and Hanover counties, &c...... To the Lieutenant Governor; returns from Point of Fork, &c………………. • - COLSTON, RAWLEIGH. To Honorable General Jas Wood; sale of a prize to the Brig "Musquitto "" ****** ……… COLEMAN, THOS. To the Governor; Anderson Scott recommended as sheriff of King & Queen county, but his security insufficient...... 472 119 125 ·· ... 132 161-2 164 173 178 180 197 211 2 4 2 5 218 229 241 256 263 284-5 325 329 407-8 .429-30 475-6 360 363 373-4 383 392 395 487 488 542-3 560-1 647-8 625-6 1 108 128 INDEX. 665 COMMISSIONERS. Of Board of Three still absent.. CONGRESS, ACTS OF. The Executive requested to have the same number printed and distributed, as are usually printed of the Acts of the General Assembly. CONSULAR JUDGMENTS. CONNOR, MRS. 1 Widow of the late Jno. Connor, Terry Connor, Christian Bowers, Jas. Liplong, Thos. Upshaw, Thos. Harris, and others, to the Governor, applying for position as Door-keeper to the Executive, in place of John Connor, deceased.. The law of 1779, in relation to………….. CONSPIRACY IN NORTHAMPTON. Three slaves executed....... CONGRESS, UNITED STATES. 29-30 Act of, at 2d session; bounty lands to officers and soldiers of Virginia line........... 94 Proceedings of, in relation to the public credit..... Proceedings of, on the death of Theoderick Bland.. Representatives in, chosen.... 162 448-50 CONTINENTAL ACCOUNTS. Plan for settlement..... COUNTIES, WESTERN. CONWAY, CORNELIUS. To the governor; petition to be relieved of a fine imposed for shooting at George Rootes... CORBIN, FRANCIS. Chosen member of the House of Representatives of the United States………………. Acts dividing same..... COUNTY LIEUTENANTS. Moved against.... .... COURT MARTIAL, Louisa county. Fines assessed against Thos. Anderson, Benj. B. Hope and others…... COURTNEY, RICHARD, AND LARKIN PHILIPS. Claim for going to Petersburg as guard for Benjamin Woodward……….. " CRANE, JAMES. To Gen. James Wood; John Smith, a pensioner, having lost his certificate, requests that a duplicate be furnished him.. 幽 ​•AM. To the governor and council; petition for the pardon of his son, John Crane, sen- tenced to death for the murder of Abraham Vanhorn... CRANE, JOHN. Indictment for the murder of Abraham Vanhorn..... Commonwealth, vs.; deposition of Hugh McDonald as to the fight that led to Van- horn's death.. TOWA● Late of Berkeley county, adjudged guilty of murder... Indictment of, for murder; sentenced to be hanged Petition of citizens for his pardon...... Prays for a reprieve for one month... Petition for his pardon SU ••• CROCKETT, WALTER, County Lieutenant Montgomery county. To Gov. Beverly Randolph; two spies ordered on the frontiers, &c.; Indian massa- cres, &c.... To Gov, Beverly Randolph; assistance to Wythe county in case of depredations by Indians; persons killed; county in imminent danger; militia officers; situation of inhabitants; Jos. Evans.... 39-40 ▼ 77 215 166 624-5 183-6 80 448 134-7 56 53 380 73 404 371-2 398 507 .510-13 541 597-9 362 42 205-6 84 666 INDEX. CROCKETT, ROBERT. To the governor, relating to a memorial signed by some militia officers favoring his being deprived of his office as Lieutenant...... CRUBB, JNO., SR. To Richard Lee, requesting stationery to be sent him………………… CUSTIS, JOHN. To Gov. Beverly Randolph........... CURD, JOHN, County Lieutenant of Goochland county. To the Honorable Executive of Virginia; proceedings of court martial; militia in a confused state, &c......... DAMAGES BY THE BRITISH. D DALLAS, A. J., Secretary of Commonwealth of Pennsylvania. To the governor, relating to the murder of Indians on Beaver Creek........ In King William county, in May, 1781, to be assessed………………. …………. De …………. DANIEL, Negro slave. Convicted of burning the tobacco house of Isham Miles, in Buckingham county, and sentenced to be hung; petition for his pardon...... * ·· ·· ... DAVIES, COL. WM. To the governor; the importance of the settlement of Maj. Claiborne's accounts for the State's settlement with the United States... ..... …………….. To the governor; communicates the application of Capt. Denham for £7 more for his services.... U ···· To the governor; requires the auditor's and treasurer's books to 1781 inclusive, to be sent to New York for settlement of the account between Virginia and the United States..... • ………… ··· .... ..449-50 467 .. To the governor; still requires two clerks in New York, &c..... To the governor; Mr. Cock will transport the books and papers to New York, in 20 or 25 days, for £15 and ferriages, and £12 and ferriages return…. Account against Commonwealth of Va., September 30th, 1789.. To the governor; no settlement of account with individual states going on; Arnold's visit, &c.; apprehensions of collector at Petersburg, &c....... To the governor; Shawanese expedition; Gen. Clark, &c.…………... To the governor, relating to return of pensioners, &c...... To the governor; deficiency in papers delivered to Mr. Winder.... To the governor; thanks the governor for his attention to his application for money To the governor, relating to the distances travelled by the militia from the various counties to the army.. To the governor; thinks it expedient to hasten the collection from Mr. Yarbrough's district; the adoption of the present constitution by North Carolina, has caused a rapid appreciation of the public paper, &c......... To the governor; issues of arms, &c., from public magazine at Williamsburg......... To the governor; returns from southern army not as complete as northern, &c...... 90-91 To the governor; Shawanese accounts, &C....... 4 To the governor; claims against United States, &c..... To the governor; state's claims against United States.. 101-2 105-6 115 125-6 141 To the governor; commissioner of army accounts, &c...... To the governor; Virginia claims..... To the governor; claim against United States; commissioners refuse to report favor- ably; Mr. Madison calls their action a libel on Virginia; statement of claims...... 156-7 To the governor; claims against United States; Arnold's invasion; Mr. Madison, &c 170–2 To the governor; Settlements with individuals since Sept., 1788, not to be admitted against the Union; salary account of himself and assistants. To the governor; in regard to former custom of not printing Resolutions with the Acts; his trouble therefrom...... …………. ...179-80 182-3 To the governor; enclosing plan for final settlement of continental accounts; tem- porary seat of government to be fixed in Philadelphia; scheme of settlement between United States and individual states...... *•. 228 *****• 155-6 377 44 394 6 12 20. 22-23 ... 24 33 39-40 52 56-7 63 6.8 71-2 73 85 183-5 INDEX. 667 2 To the governor. 187, 268, 350-1, 361–2, 368-9, 379-80, 384-5 To the governor; recommends Mr. Oldham as tobacco inspector.. 200 203 To the governor; State and continental paper.... To the governor; office removed to Philadelphia; Alex. Baugh's supplies during the siege of York; payments at the treasury; receipts wanting; wants receipt book; different states settling their accounts. To the governor; letters and vouchers received; papers from auditor of treasury, &c........ DAVIS, GRESSIT. DAVIS, AUGUSTINE. ... DAVIS, JOHN. To Archibald Blair, Esq., offer for public printing.. To Gov. Henry Lee... To the governor; Major Claiborne's cash account. To the governor; Woodfin's papers; Denholm's papers; Anderson's papers, &c.....299-300 To H. Lee, Esq., enclosing abstract of claims of Virginia against the United States. 392–3 To Gov. Lee.. 415 .513-14 To the governor, relating to the amount of land granted to the Military. DAWSON, JOHN. To Beverley Randolph, Esq., governor of Virginia... To Beverley Randolph, Esq.; informs him of the death of Col. George Elliott........ Charges against Col. John Evans….... To the Hon. James Wood, Esq., charges against Col. John Evans... DEAKINS, JR., WILL. .. Elected privy counsellor in place of Cyrus Griffin, resigned. ... To Gov. Beverly Randolph; death of Hon. C. Bullet at Warm Springs. To the governor of Virginia... To Gov. Lee……………. DEFENCE. Or claims of Virginia vs. United States...... Of United States.... Of frontiers.…………. DAWLEY, DENNIS, AND THOMAS LAWSON. To Gov. Beverly Randolph; petition of citizens of Princess Anne county in behalf of certain militia from that county requesting remission of their fines…………….. DEFICIENCY IN PAPERS. Required by Col. Davies.. ..... DENHOLM, ARCHIBALD. · .... ... 14 ·· .... To Gov. Beverly Randolph......... To the governor; wishes the balance of the donations from Virginia to the general government....... ... DEBT. Of the several states; resolution of Congress requesting the governors to state the amount...... United States to Virginia; letter of Col. Davies to governor. United States to Virginia... .. 85 .413, 442 • …………. DE MARBOIS, M. To the governor; introducing Mr. Chevallie, a French gentleman who has a claim against the state.... 80 358 .442, 476 447 To Governor Randolph.... To Governor Randolph, asking allowance as collector of vouchers in Gloucester dis- trict....... 226 234-7 254-5 DENEALE, GEORGE, Deputy clerk Fairfax county court. To the executive; certifying to correctness of certain depositions against Tobacco inspectors in Alexandria warehouse....... ... 143 149 581 603-4 227 357 508-9 30 101-2 105-6 125-6 267 167 63 29 22 201 224 668 INDEX. DENT, G., Speaker House of Delegates of Maryland. To the governor of Virginia; resolution of House of Delegates and Senate of Mary- land agreeing to advance the sum $72,000 to the general government for public buildings....... DE NEUVILLE, AUGUSTINE. Admitted to citizenship of the United States; certificate from Wm. Clayton, clerk. DE NEUVILLE, PR. To the governor, regarding the oaths of allegiance of himself and Augustine De Neuville and Mr. Wiscart........ DE MON BREUN, TIMOTHY. Memorial of, for compensation as lieutenant of the Illinois regiment and for ser- vices rendered under Gen. George Rogers Clarke........ DICK, ARCH'D, AND OTHERS. To the governor; testimonial in favor of Inspectors of Tobacco at Merriweather's warehouse, New Castle......... DIGGS, COL. DUDLEY., Sheriff of James City. Death of..... Died in Williamsburg about June 3d, 1790.... DIXON, JOHN. Printing the laws; resolutions about printing in 1783..... DIXON, JR., JOHN. To Gov. Beverly Randolph; death of John Dixon, Public Printer, asks, to be appointed successor.. DOORKEEPER TO THE EXECUTIVE. Application for the place........ DOWDALE, F. G. DIXON, T. To the governor of Virginia; why the laws were printed on two kinds of paper..... DONALD, A. To Beverly Randolph, Esq.; asks indulgence for Mr. Brown on account of scarcity of money... Tenders his resignation as sheriff of Frederick county... DUNBAR, W. C. DUNSCOMB, ANDREW. DOWDALL, HUGH. Condemned to death for passing counterfeit money; his petition to the Governor for pardon, and numerous petitions from citizens... DOWDLE OR DOWDELL'S CASE... To the governor; asks protection of the Governor.. DUTIES AND IMPORTS. .... ····· Collection transferred to United States..... DUTIES ON TONNAGE OF SHIPS, &c. Washington's Letter………….. .. J KARAN •• To Lieut. Gov. Wood, asking for wages as clerk...... To the governor of Virginia; asks for addition to salary. To Gov. Beverly Randolph; requests to have his pay, &c. settled; quitting the ser- vice of the Commonwealth; dissatisfied with the cause, &c...... D 225 407-8 ** 153 153 323-4 163 163 238 295 264 130 215 390 556-9 586 29 25 183 216 6-9 12 INDEX. 669 DUVALL, JOHN P., County Lieutenant of Harrison county. To Beverly Randolph, Governor of Virginia; depredations of the savages in Har- rison county... To the governor of Virginia; asking aid for the counties of Harrison, Ohio and Kenaway against the Indians... To Gov. Henry Lee........ To the governor of Virginia...... ... EAGER, JOHN, 7th Va. regiment. Certificate as to his being a good soldier; lost the use of his arm.. EDMUNDSON, DAVID, AND JAMES MCDOWELL. Recommended for Coroner of Rockbridge county.. EDDINS, SAMUEL. To Capt. Samuel Coleman, clerk to council; wants to purchase old brass cannon at Hanover C. H....... ESCHEATED PROPERTY. Ε EDWARDS, JOHN, County Lieutenant of Bourbon county. To the governor; sends militia returns of that county.. To the governor; equalizing land tax; books not received, &c.. To the governor.. ELIZABETH CITY COURT. Nominate George Booker, Wm. Moore, and Wm. Lang Selden, gents., one to be commissioned sheriff.. Bristow's estate in Prince William county.. EXECUTIONS RETURNED. ... EPES, FREEMAN. Recommended as proper person for county Lieutenant of Nottoway county, and other officers of militia recommended... Property not sold for want of buyer…... EXTRACT OF A LETTER. EXTRADITION. EDWARDS, JOHN. To the governor; Encloses account of expenses for defence of Bourbon county, &c 26-7 First case of, discussed..... LOGOS ESKRIDGE, WILLIAM. To General Wood; account of persons who had acted as heads of departments and moved to Kentucky... To the governor…………… EVANS, JNO, County Lieutenant. ... + ELLIOTTS, JOHN. Petition to the governor to be relieved of a fine for selling ardent spirits without a license.... 621-4 ... From the secretary of war to Lieut. Col. Commandant Wilkinson........ .... 4 • ** ... To the governor; Monongalia militia... Receipt to Daniel Boone for lead, &c. David Scott, and Charles Martin to the governor and council, representing the exposed situation of the frontiers of Monongalia county. Return of militia, &c..... ... Charges against him by John Davis.. To the governor and council, relating to the charges against him.... 400-1 406 411 414 204 160 387 202 207 369 645 1 284 3365 96 645-6 456 326-8 50 476 482 576-7 581 604 670 INDEX. EWELL, JR., B. To the governor; petition for pardon of Hugh Dowdall…..... EWELL, JAMES, Sheriff of Prince William county. Petition; offers to give up his tobacco crop for taxes due him as collector......... To the governor; petition for pardon of Hugh Dowdall…... EWELL, COL. JESSEE. To Hon. James Wood, addressing him on the subject of his arrest; Capt. Helm's charges against him; asks new trial...... FAULCON, JACOB, clerk Surry county court. To Archibald Blair, clerk of council; certify that Lemuel Bailey, John Southall, John Watkins, Jr., James Allen Bradly and Benjamin Edward Brown are recom- mended to be added to the commission of the peace………………. F FEDERAL CITY. Directors of, to the governor; desire the balance of Virginia's donation........ FINNIE, WILL. To the governor; Col. Davis asks information about claims against United States; impossible to give it..... To the governor; cannon belonging to United States, lying near Norfolk, and shot and shell at Yorktown removed to New York; brought from France... s FITZGERALD, JOHN. To the governor; advantages of Potomac river and tributaries, as the best route from the western country to the sea; most eligible site somewhere on its banks for seat of permanent federal government.... FOLD, LANKSTON, of Hanover. FOUSHEE, W. K FLEMMING, JUDGE WM. To the governor; recommends to the governor's favorable notice, Mr. Bennet Ballew, on his way to New York in company with two Cherokee chiefs, who propose to lay their grievances before the President of the United States and Congress.... FOLKES, JOHN. To the governor; resignation as jailor of Prince Edward county..... Prays remission of a fine imposed on him.. maa.. FRANCIS, STEPHEN JOHN. . To the governor, relating to James River company. To the governor and council; petition for the pardon of Joe, his slave….. Recommended as ensign of the militia in Ohio county.... A • FOWLKES, JOHN. To the governor; informs him of the character of John Abbette, who is a prisoner in jail; has been whipped, cropped, and branded....... *** 558-9 FRAZIER, SIMON. To the governor; attempt to burn Petersburg to liberate prisoners in district Jail; reward offered by the town……………. To the Hon. James Wood, lieutenant governor; affidavits in regard to fire in Peters- burg of 4th inst... 142 558 164-5 225 572-3 66-7 195 88 9-10 364 .589-90 392 4 373 2 197-8 200 INDEX. 671 FREE NEGRO. Seized in Pennsylvania to be sold into slavery, &c.; demand by the governor of Pennsylvania for the arrest of his abductors.... "Abraham," entitled to pay for services at Westham Foundry..... FREELAND, JAMES. Merchant in Manchester...... FRENCH CONSULS. Decree as to claim of Mons. Dauchy; governor requested to enforce it…………… FRONTIERS, WESTERN. Communication of governor of Va., relating thereto, laid by President of United States before Congress...... GAINES, JR., RICHARD. Certificate as to the valuation of Win. Hubbard's property; no buyers present and no sale...... GATEWOOD, THOS. GARLAND, J. To Hon. Ro. Goode, at Richmond, relating to Crawford Anderson…………….. GASS, DAVID, AND JAMES BARNETT. Recommended to his Excellency for sheriff of Madison county.. To the governor relating to a condemned slave, Argyle…………... G GEORGE, a negro man slave. The property of Alexander Glass Strachan, of Petersburg, condemned to death for larcency The property of Mr. Thos. Maddox, condemned to death for arson……………………. GILPIN'S SURVEY. .. GIBSON, JAMES. To the Executive; petition for a reward for the apprehension of Wm. Smith, sen- tenced with his accomplices to be hung in Mathews county for robbery.... GIST, GENERAL. GILL, ERASMUS. To Gov Henry Lee, recommending Francis Ruffin to collect arrearages of taxes in Surry county. ………… * ... Finished by Wm. Tatham for use of council..... GOODRICH, JOHN. Claim against Commonwealth of Virginia…………………. GOODE, CÖL. FRANCIS. To Gov. Beverly Randolph; resigns his commission in the militia... ……… Commissioned as sheriff of Spottsylvania county. 320-2 414 . 278 GORDON, JAMES. To Gov. Beverley Randolph, relating to office of sheriff in Lancaster county....... GORDON, JAMES, TAPSCOTT AND OTHERS. Asks pardon for "James,” a negro man, sentenced to death for sheep stealing……………... 122 264-5 573 61 ... 332-9 560 161 543 390 .111-12 418 GOODE, ROBERT, AND OTHERS, Directors of Public Buildings. To the Executive; request that Moses Austin be paid eight hundred pounds for covering roof of capitol with lead...... 224. 593-4 478-9 55 2 30 99 672 INDEX. GOVERNMENT. Permanent seat of; cession of Territory for……………. GOVERNOR. Chosen by the two Houses; Beverly Randolph, Esq., elected.. Chosen by joint ballot; Henry Lee declared elected..... GOVERNOR IN COUNCIL. Rejects application of certain citizens of Fauquier county in behalf of negro George, condemned to death for arson... GRAHAM, ROBERT, clerk Prince William county court. Certifies the following order of court; Justices of the Peace recommended, Philip Fitzhugh, John Brown, Scott Blackburn, Win. Downman, Charles Tyler, John Brown, (B. R.), and Charles Ewell, gentlemen...... GRANGER, WM. Convicted of forgery and sentenced to be hung; prays for pardon....... GRANGER, WM., AND HUGH CHAVERS. Under sentence of death, petition the governor and council for a respite of a week or two to prepare for death..... GRAYSON, WM. Died March 12th, 1790……………….. GREENBRIER COUNTY. To Richmond, 500 miles; traveled by Felix Williams, going and returning as ex- press...... GREEN, JNO., AND OTHERS. To the governor; petition for pardon of Joe, a negro slave, sentenced to be hung for administering drugs...... GREENSVILLE COUNTY COURT. Recommend justices of the peace and coroner... GREENUP, CHRISTO., County Lieutenant of Mercer county. To Gov. Randolph; recommendation of Militia officers in Mercer county.... GREGORY, MAJOR JOHN. To Gov. Beverly Randolph; resigns his commission as major of the Militia of Charles City county... GRIFFIN, CYRUS, Privy Councellor. Evidence that he had taken the oath........ HADEN, J. GRIFFIN, WM. To the governor; asks suspension of the execution about to be issued against him... GUERRANT, JNO. To the governor; recommends Col. Sam'l Richardson as manager at Point of Fork. H To the governor; recommended as major of Militia... NO 4 To the governor….. LIN To the governor; lighthouse at entrance of Chesapeake bay... CÒN HAIRSTON, COL. GEORGE. Certificate that no business was done at court-martial held at Henry court-house... HAMILTON, A., Secretary of the Treasury. To the governor, asking a statement of the public debt of Virginia....... To the governor; requests that the amount of the state debt be furnished the treasury department immediately. 75 68 388-9 332-9 280 376 377 126 570 208 103 268 220 46 458 486. 553-4 161 30-1 46-7 ………..90, 104 114 INDEX. 673 Ĕ To the governor; informs him that Edward Carrington, Esq., has been requested to visit the Cape, and make a selection of the spot for the light-house...... Communication from, respecting tobacco inspection law..... To the governor; treasury department; Col. Carrington; light-house at Cape Henry Thos. Newton.... To the governor; receipt of cession of two acres of land for light-house at Cape Henry; measures taken for early completion. To the governor; funds for arrears of Virginia line placed in hands of paymaster general..... To the governor; public accounts, &c.; requests a return of the sum received by this state be sent him.………………. To the governor, (circular); treasury department, &c.; public debt... HAMPDEN SYDNEY COLLEGE. Memorial of John B. Smith and Ro. Lawson, asking aid to build a public hall…..... HAMPSHIRE COUNTY COURT. Recommend justice of the peace in place of those removed...... ** HANCOCK, GEORGE. To clerk executive council; Mr. May, late clerk Botetourt county court, to be prose- cuted....... HARDIN, JOHN, County Lieutenant Nelson County. To the governor; militia returns of county. - HARRISON, BENJAMIN, County Lieutenant of Rockingham. Strength of Militia.... To the governor; strength of militia in Rockingham county.... ………. HARRISON, R. To the Hon. James Wood; prize sent by the "Liberty" to Martinique......... HARVEY, ROBERT. Asking to be relieved from acting as sheriff of Botetourt county. • HAWES, ALEXANDER AND ISAAC. HARMAR, GENERAL. .215-16 Army of 2400 men marched from the mouth of Licking, about a fortnight ago; no accounts heard from yet.. Expedition againt the Indians; losses on both sides; bravery of the troops, &c………….. 231–2 HARRIS, THOS. To Col. Sam. Coleman, stating that he had been chief armourer of the state, and asking to be put to work....... ·· To the governor; unmercifully beaten by Major Langham and discharged from the garrison... HARVIE, JOHN. To the governor; requests an order on the treasurer of the James River Company, for £25, in favor of Mr. Buchanan. HARWOOD, ED., County Lieutenant of Warwick county. To the governor; strength of the militia... ••• ……. Petition for their pardon by sundry citizens........ To the governor; requisition made for 5 pounds per share of whole capital......... To the governor; instructed to purchase negroes for the company; sale in Gloster county; request money or Tobacco to purchase with..... Pressing need for a small amount of specie; desire a credit at the sale of public tobacco for balance due them...... 246-7 ...330-31 To the governor; request a loan of 1000 pounds for use of James River Company... To the governor; loan of gun powder for James River Company. To the governor... *** .. .... 150 160 169 200 210 50 74-5 298 207 81 179 50 67 67 4 246 273 302 367 451 .538-39 81 55 501-2 85 674 INDEX. HAY, CHARLES, Clerk House of Delegates. 55 Resolution requesting the Executive to have printed copies of the Laws and Reso- lutions of a public nature of the present session....... Resolution of House that Executive open correspondence with President of U. S., as to Woolen manufactory within this state... 217 218 Resolution of House in regard to certain additional pay to Col. Wm. Finnie........ Petition of Henry Stratton, who commanded state schooner "Alliance," relating to balance due him..... 219-20 Certificate that George Nicholas, Esq., had been elected attorney-general for district of Kentucky, in place of H. Innes, resigned.... 223-4 Certifying that by joint resolution of both houses, the petition of Dan'l Herring, late sheriff of Isle of Wight is reasonable..... 225-26 Joint resolution of both houses; Executive authorized to take measures to protect frontier citizens, &c... Enclosing extract of an "Act" for giving further powers to the governor and council, &c.; governor empowered to employ public printer, who can bring a good and well provided press into the commonwealth.. HEMP, Inspector for Chesterfield. Wm. Ball recommended....... HENDERSON AND WALKER'S LINE. Indian depredations.... D HEDGES, COL. SILAS. To the governor; resigns as colonel of militia, Ohio county..... HELM, WM. To the governor; resigns as captain of militia.... HAY, WM. To the governor; contracts for covering the roof of the capitol with lead, &c...………….. To the governor; plank, &c., for capitol roof...... 95 133 To the governor; directors of public buildings, and Sam'l Dobie; roof of capitol... 150–1 To the governor; directors of public buildings request advance of 200 pounds to Mr. Austin, and to Mr. Minor 250 pounds.... 168 To the governor; directors of public buildings lay before the executive their pro ceedings respecting the portico columns; Mr. Voss' contract; columns insufficient; referees agreed on their report...... .174-75 .247-50 To Jacquelin Ambler, Esq.; sick and cannot attend to-day; capitol roof, &c...... 241-2 To the governor, in behalf of directors of public buildings; application of the fund; resignation of Mr. Ambler, &c.; claim against Mr. Cary's estate, &c.……………... For the directors of buildings, to the governor, asking for an order for £150......... 380–1 HAZEL, ELIZABETH, Spinster, late of Rockingham County. Sentenced to be hanged for murder…………………. .. ..... ………… ……. HENDERSON, COL. WM. Enclosing recommendation as sheriff of Campbell county..... To the governor, in regard to Rich'd Steth's claim to the sheriffalty. To the governor, relating to sheriffalty in Campbell county.. ... ...... HENRY, P. To the governor, relating to the expenses of certain Indians……………………. S¹4 2¸0 …….. ·· ·· .. ·· HENRICO COUNTY COURT. Request of sheriff that a jail may be assigned him, as the present jail of the county is in possession and use of the jailor of Richmond district court.. 233 304 HENRY, DR. ROBERT.. To Dr. James McClurg, relating to John Crane, Jr.; statement of his condition when visited by the Dr. on two occasions, &c....... Certificate as to John Crane, Jr.. 364 26 HENNING, WM. W. To Hon. Hardin Burnley, member of the council, relating to the conviction of Thomas Sacrae for selling spirituous liquors without a license...... 447-8 40-1 200 579-80 1 38 355 58 46, 492-3 496 INDEX. 675 HETH, HARRY. To the governor; sales of tobacco; account of.. Sale of public tobacco... Sale of public tobacco; agency expense... To the governor; his offers for tobacco... To the governor; tobacco statement... To the governor; Westham foundry accounts..... To the governor; tobacco in his hands; cannot sell by private sale....... To the governor….. To the governor; account of sale of tobacco received by him, and the inadequacy of his pay... Bond as agent of the sinking fund. ► .... • ... HALLADAY, EDMUND. Receipt for arms………………….. HETH, COL. WILL. To the governor; manifests of tobacco, &c.; coasting act laws of Va. concerning tobacco, &c.... HILL, CALEB. A colored man under sentence for supposed horse sheft; petition for his pardon; he served in the 15th Virginia Regiment for three years, &c....………….. HILL, EDW. Certificate as to Rob't Hill's account, commissioner of provision law in King and Queen county settled......... 58 ..94, 110 97 97 127 176 355 ...375, 403 HILL, JOHN. To the Governor, relating to his acting as High sheriff of King William county..... HOBSON, COL. JOSEPH. Colonel 2nd militia of Halifax county resigns........ .... HOLCOMBE, JOHN. To his Excellency, Beverly Randolph; petition showing that he had farmed the place of Thos. Flourney, late High sheriff of Prince Edward county, and asks fur- ther time in which to settle his accounts..... To the governor.. To Gov. Lee; Lunatic Hospital at Williamsburg in need of money.. HOOMES, CAPT. BEN., AND JNO. MARSHALL. Pensioners reported by Surgeon Joseph W. Lee, as unable to support themselves; certificate from Ro. Pollard, clerk, King and Queen...... ... HORNSBY, JOSEPH, Treasurer, Lunatic Hospital. To Gov. Beverly Randolph; applies to the Governor for two hundred pounds for the present support of the hospital....... ..... To Gov. Beverly Randolph; Board of Directors of Lunatic Hospital at Williams- burg, make order for funds for support of inmates of said hospital...... To Gov. Beverly Randolph; Mr. Thos. Dawson to receive the £200 for Lunatic Hos- pital, &c....... 418-19 468 .... HOPKINS, JOHN. To Gov. Beverly Randolph; Instructed to pay arrears of pay of officers and pri- vates of Virginia line.. ••• To the governor in council.. To the Governor, relating to Walter Hopkins' claim.. To Gov. Beverly Randolph.. To the governor; draft of twenty-eight thousand dollars for Federal building...... To the governor in council, relating to Mr. Walter Hopkins' account.... To the governor in council, retating to the State's indebtedness for the Federal buildings.. To the governor in council; requesting balances due the Federal city, 14,000 dollars. HOUSTON, JNO., Sheriff of Rockbridge county. To the honorable, the governor in council of Virginia; stating that he has paid in full for taxes for 1786. 176-8 296 232 606 121 154-5 560 213 ..365-6, 430 366 381-2 431 441 168-9 71 229 287 328 422-3 465-6 540 145 676 INDEX. HOWARD, J. E., Governor of Maryland, (in council). To his Excellency, the Gov. of Virginia; materials formerly provided for a light house; resolutions in regard to their disposal; the matter referred entirely to the Executive of Virginia. HUBBARD, WM., late sheriff of Charlotte county. Property exposed to sale, but no buyers....... HUGHES, JUDGE ARCHILAUS. HOWELL, JR., JOSEPH, Paymaster General. Subsistence due officers of Virginia line; Specie due non-commissioned officers and privates of said line......... Communication relating to......... • HUTCHINS' MAP, &c. HUNTER, MOSES, AND PHIL. PENDLETON. Certify as to Dr. Robert Henry...... Latham to governor......... HUTCHINS, SARAH. HUMPHREY. Slave, condemned prisoner in the jail of Fredericksburg; petition for his pardon. 277-8 HUNTER, BANKS & CO. Claim against State of Virginia........ Relict of Col. Joseph Hutchins entitled to a pension……….... INDIAN CHIEF PEOMINGO. Applies for 40 gallons rum.... INDIAN INCURSIONS. I INDIAN CHIEF "CORN PLANTER" AND OTHER INDIANS. Letter to the President of the United States...... Into Harrison county.... INDIAN MASSACRES. INDIAN OUTRAGES....... INDIANS. …………….. …………. The Choctaws hold a council....... Defeat Gen. St. Clair's army. Murdered at Beaver Creek..... ... ………… HYNES, ANDREW. To Gov. Beverly Randolph; resigns his commission as County Lieutenant of Nel- son county....... ... .... Da …… INDIAN HOSTILITIES. Address of the General Assembly to the President of the United States on this subject…………….... AC a ... ... .. 244-5 138 573 INNES, JAMES, Attorney-General. .. To the governor; opinion regarding the law appropriating public revenue..... To the governor; is confirmed in his opinion on reading the Act of Assembly sent him by the governor.. Changes his opinion in regard to law appropriating the public revenue... Opinion that magistrates should take the oath to support the Constitution of the United States........ 407 118-19 3 496 285-6 315-17 26 52 72 640 42 180-1 439-41 3.99 286-7 -88 89 89 128 INDEX. 677 To Gov. Randolph; patents to property in waters of James river flowing between the Rocky Islands... Petition for pardon of Jas. Johnston sentenced to be hung for burglary Opinion as to the rights of the executors of Archibald Carey. Opinion as to commissioner's fees, &c.... To the governor and council; expense of advertising lands sold for taxes to be defrayed out of the sales thereof. ..... Does not think the Auditor legally competent to discharge the duties of Solicitor... Sale of lands for taxes; the law improperly punctuated.. No law which deprives the governor of the power of remitting damages or suspend- ing executions under public judgments.... To Gov. Lee; bond and mortgage of the French emigrants in Russell county To Gov. Henry Lee; Tibeauf's title he believes to be good……………. To the governor; relating to McGuire and Brady.. To Lieutenant-Governor Wood; informs the governor that neither the strictures of Gov. Mifflin nor the reasoning of Attorney-General of the United States have induced him to recede from his opinion....... INSURRECTION. INSOLVENT DEBTORS. Resolution in regard to; governor empowered to liberate from jail...... Counties for the most part defenceless........ JACK, a slave. Pardon sought.. JAMES RIVER. J JAMES RIVER COMPANY. ..... …….. G ··· Act for improving navigation of.......... Rocky islands; opinion of attorney-general..…………. ... ISAAC AND BRAXTON, negro men slaves. Condemned to death by the court of Hanover county, and Braxton, on account of his youth, (17 or 18 years of age), recommended to executive clemency..............649-50 To the governor, relating to his appointment to provide for the rangers of his district To the governor; unable to furnish provisions for rangers at price fixed...... To the governor, relating to affairs in Harrison county... 3 ... W Auditor corrects mistakes as to public shares…....... Commonwealth, as others, assessed £15 on each of her shares.. To the governor; flattering prospects of the canal.... Directors, John Harvie, David Ross, and William Foushee to the governor; informs him they need money to meet their engagements, and request an order on the treasury JACKSON, GEORGE. GO To Gen'l James Wood; encloses receipts from the different officers of Monongalia, Harrison and Randolph counties, for arms, &c……………. &c.... And others, delegates from Harrison and Randolph counties, to the governor; claims of scouts; services then very essential.... 219 ··· To the governor, complaining of the conduct of the high sheriff of the county. 339-40 And others, (list of officers from Monongalia and Randolph counties), to the gov- ernor.... .409-10 .. To the governor, relating to provisioning the rangers; is willing to undertake to provision the rangers in his district………….. 131-2 133 163 202 John Harvie in behalf of directors; request a warrant on treasury for fifty shillings on each public share... Directors instructed to purchase negroes for use of it... Directors request payment of balance due…..... Communication from directors, to the governor.. 322 341 355 386 452 453 464 421 234 585 411-12 413 432 549-50 189 259 181-2 4 92 92 143 164 273 411 538-9 678 INDEX. JAMESON, JOHN, Clerk Culpeper County Court. To the governor; court recommended for sheriff, Samuel Clayton, French Strother, and Edward Stevens.... JEFFERSON, THOS. Letter from Washington to be sent to Monticello by request.. Communication from.... COUN To the governor, enclosing Act of Congress, and all treaties made... To the governor; transmits an act to unload vessels when obstructed by ice, &c.. Certifies an act for raising additional regiment for the United States.. To the governor; transmits Acts of Congress... To the governor, relating to certain fisheries of the United States..... JETER, AMBROSE. To the governor, relating to re-assessment of lands of Amelia county. JOE, a slave. The property of Dr. Foushee; sentenced to be hanged........... ... JOHNSON, BENJAMIN, Lieut. Col. Orange Militia. Reports strength of the militia.. JOHNSON, ROBERT. Recommended by Woodford county court, as county lieutenant, and others recom- mended as militia officers………….. ... 4 ……………………… JOHNSON ZECHERIAH. To the governor; relating to the combinations against the excise law in Augusta county... JONES, JOSEPH, AND SPENCER ROANE. Élected November 19th, 1789, to fill vacancies in the general court........ .589-91 JOHNSON, THOMAS, President of the Potomac Company. To Gov. Randolph; survey of Potomac river.... .99-100 To Beverly Randolph, Gov. of Virginia, relating to the sum due the Federal city... 353-4 JOHNSTON, WM. Convicted of felony; sentenced to death.. To the governor and council; asking a respite...... Reprieved.... JONES, JAMES. To the governor, relating to Caleb Hill, under sentence of death for horse-stealing, does not think him guilty; Hill is a colored man and served in the late war in 15th Virginia regiment..... ... 188 103 108 203 245 271 434 455 .... JONES, JOSEPH. To Gov. Beverley Randolph, relating to sheriffalty of Dinwiddie county... JONES, WALTER. To Gov. Beverly Randolph; resignation as coroner of Northumberland county.... JUDGES OF THE GENERAL COURT. To the governor; order that upon the conviction of a criminal the clerk shall for- ward at once to the governor a record of such conviction......... 240 51 JOINT RESOLUTION. Directing the executive to forward certain petitions claiming payment for military services to the proper federal officers....... 84 Executive requested to prevent employment of unnecessary guards over prisoners.. 79-80 JONES, GABRIEL. To the governor; relating to the prosecution of delinquent sheriffs in Augusta county.... 25-6 506-7 551 585 481-2 469 296 65 373 312 607 INDEX. 679 JUDGES HENRY TAZEWELL AND WILLIAM NELSON. To the governor; relating to the sentence of Ralph Crawforth Anderson, and enclosing the recommendation of the venire for his pardon....... JUSTICES OF THE PEACE. Governor's power of appointment………………. KANAWHA COUNTY. Indians murders in.. F KEMP, JOHN, convicted of forgery. Petition for pardon....... KEARNES, JNO. To the governor; informs the governor that he had committed to jail six pirates, for the murder of Captain Lapelle, master of the Brigantine "Aurora," a French vessel..... KEATH, JAMES, Clerk District court, Frederick County. Justices of the peace in Frederick county.... And John Cowper, Jr., to the governor; certificate that John Brown, of Norfolk, is of unsound mind.. KENT, JAS. KENDALL, CUSTIS. To Sam❜l Coleman, Esq.; subscription for a month's pay demanded........ To the governor….. KENNON, RICHARD, County Lieutenant Mecklenburg county. To the governor; strength of militia in Mecklenburg... KÉNTUCKY. ……… KING, JOHN. K Wants a pension... ·· .... ... KING WILLIAM COUNTY, KNIGHT, JOSHUA E. V. Tot 3 .. KENTUCKY AND VERMONT. Entitled each to choose two representatives; Act of Congress, Feb. 25, 1791…………………….. ……………. 1 Inhabitants of; protest against the withdrawal of Virginia's defensive force, until the federal government can afford protection..... Applies for admission into the Union.... To be admitted into the Union....... Rangers....... .. No militia law believed to be in force………………….. ..528-30 ** KING, MILĖS. To the governor; recommends Mr. Jones for notary at Hampton...... To Hon. Robert Goode, Richmond, relating to the insurrection in Northampton county. KING WILLIAM COUNTY COURT. Appoints Christopher Tompkins and John Catlett to receive value of damage done by the British in St. David's Point, in this county, in May, 1781. Thomas Robinson made oath that he could not procure security as sheriff; time given him till next court........ the governor; petition for pardon; having been convicted of horse-stealing, in Caroline, and sentenced to be hung..... 581-3 15-16 17-18 411 ..410-11 149 374 256 68 7-8 231-2 258 648 264 60 363 547 44 504 571-2 220 680 INDEX. KNOX, H., Secretary of War. To the governor, relating to protection of frontier counties from Indians, &c......... To the governor; requests a list of all the military invalids to whom pensions have been granted and paid by the state of Virginia, in pursuance of the resolves of the late Congress of the United States...... 41 To the governor; requests map of Kentucky and the western part of Virginia....... 75-6 To the governor, enclosing a letter of public importance, which he wishes forwarded to Daniel Smith, Esq., on the Cumberland river... 78 To the governor, enclosing letters to Kentucky, which he desires sent, having no established mode of conveyance to that district.. To Captain Thos. Holt, about gunpowder and lead.. To Governor Randolph, relating to pensioners. To Governor St. Clair or Brigadier-General Harmar; militia of Virginia and Penn- sylvania authorized to be called out for the protection of the frontiers against the indians..... · To Hon. Harry Innes, district judge of Kentucky; indian troubles in Kentucky; employing scouts when necessary.. To the governor of Virginia; transmitting copies of certain letters.... To Governor Beverley Randolph, Esq., relating to United States powder at New London and West Point arsenal; arsenals and magazines; invalid pensions; claim of John S. Kurry and others... To the governor of Virginia, enclosing letter to Lieutenant Jno. Steel, and one to Ensign Thomson Seayres, living near Richmond...... To Governor Randolph; scouts allowed Kentucky and other counties; indians- additional battalion of 1,216 men ..... . …………. To Governor Randolph, enclosing letter to Judge Innes... To the governor of Virginia, regarding Ensign Seayeres. To the governor of Virginia; authority given for calling out scouts in certain cases; authority ceased; reasons therefor; president anxious to protect the fron- tier, &c...... To Governor Beverley Randolph; Russell county to be protected further in certain cases.... To Governor Randolph; letters to governor of Western Territory and General Harmar; protection of frontier counties; depredations on the Ohio; General Harmar to command expedition, &c.; number of troops.. To Governor Beverley Randolph, requesting letters to be forwarded to Judge Innes, of Kentucky... ... ... N ... To Governor Beverley Randolph; protection to Russell county approved by presi- dent; Governor St. Clair's plan of operations against Wabash indians; jealousy of the militia and regular troops; Cols. Logan and Selby, &c......... To Governor Beverley Randolph; requests him to forward packet to Governor Wm. Blount, care of Col. Arthur Campbell... To the governor of Virginia; officers and soldiers of Virginia line entitled to lands lying northwest of the river Ohio, between little Miami and Sciota; list of said officers and soldiers. ••• • .... To Governor Beverley Randolph; register of military invalids, widows, &c., enti- tled to pension; sums due; payment of arrears; partial payments...... To the governor of Virginia; packet of dispatch to Governor Wm. Blount-said letters supposed to have miscarried.... .... 39 C ... 82 92 112-13 122-4 133 138 139 165 167-8 168 179 208 208-9 To the governor of Virginia..... 232-3 .254, 394–5, 468, 607–8 To the governor of Virginia; communication highly important, relative to the frontiers. 264 187-8 192 193-4 196 204-5 .. → To the governor of Pennsylvania, regarding the murder of friendly indians on Big Beaver creek.. .317-18 ………… To the governor of Virginia; arms, &c., ordered to be delivered from magazine at · Fort Pitt to Col. Shepherd, for defense of Ohio county.. 319 To the governor of Virginia in reply concerning defence of the Western Frontier... 325 To the governor of Virginia, relating to the force destined for the offensive opera- tions of the campaign northwest of the Ohio..... 342-3 ……… To the governor of Virginia, relative to indian depredations in Russell county, &c........ 385-6 405 206 To Governor Henry Lee, relating to the defence of the southwestern counties of the state. • To the governor of Virginia; the president directs him to say, he considers the United States responsible for the protection of the frontiers at this time............419-20 To the governor of Virginia; lands for soldiers enlisted during the war........ To Governor Lee... 428 434-5 To the governor of Virginia, relating to the pay of scouts for the frontiers, &c........ 484-5 INDEX. 681 To the governor, relating to the disturbances in southwestern Virginia, southern indians, &c...... 544-6 To the governor, relating to the militia ordered out by the governor, to be paid by the United States..... .609-10 To the governor of Virginia, relating to southwestern territory; no expedition to be made against the indian towns at present........ L LANGHAM, E. To the governor; Piomingo, the Chickasaw chief wishes to change his route by way of Holston, instead of Redstone...... To the governor; provisions for Point of Fork, &c………….. To the governor.. To the governor; quarterly returns of rations for 32 men... To the Hon. James Wood, Esq., concerning discharge of Thomas Harris from Point of Fork....... To the governor; Point of Fork; his private conduct; asks that opinion be sus- pended...... To the governor; contractor's time for furnishing rations expire; new contract necessary, &c....... LANGHORNE, JOHN S. To the governor; United States' powder examined; not equal to that furnished the Indians by the state; muskets, &c.... To the governor; case of Thos. Harris; his general conduct at the post, &c.; punish- ment of Harris.. To the governor, enclosing vouchers........ LAPELLE, CAPT. To the governor; plans for reduction of expenses at Point of Fork.. te To the governor; ammunition for Chickasaw nation; cost of carrying, &c...... To the governor; hireling's wages at Point of Fork should be paid......... To the governor; one of the trophies of Saratoga," a brass howitzer; request by the President of the United States, for its removal to Point of Fork. To the governor; total of arms at Point of Fork..... Murdered by his crew... LAWS. …..…. ………. LEAD MINES. Of Wythe county.... New edition…………. LAWS OF UNITED STATES, &c. Act of Congress allowing Andrew Brown or any other printer, to collate with and correct by original rolls, under direction of secretary of state...... LAWSON, J. To the governor, relating to the cases of Benjamin Coot and James slaves, condemned to be hung..... LEE, GOVERNOR, LEAR, TOBIAS, Secretary to the President of the United States. To Messrs. Beauregard and Bourgeois, about their claim....... ………. LEE, CHARLES. To the governor, relating to the cessation of his duties as naval officer......... → , negro • To the speaker of the House of Delegates..... To county lieutenant of Kanawha county; requests statement of all expenses for defence of his county in 1791... Expected on southwest frontier..... 211-12 420-1 51-2 429 626 54 148 186-7 232 240 263 374 120 331-2 372 104 17-18 271 263 473-4 186 116 18 403 422 .639-40 86 682 INDEX. LEE, COL. HENRY. Recommended for sheriff of Mason county, &c.......... LEE, COL. H. To the governor, requesting commissions for officers in Westmoreland county, time for the autumn muster. in To the governor regarding militia in Westmoreland county; Col. Washington's case Chosen governor by joint ballot. To the clerk of the county court of York, relative to commissioning of justices of the peace...………. To Sam'l Coleman; order to deliver to county lieutenant of Henrico, 64 stand of arms.... To the Hon. General Wood, requesting his private letters to be sent him.... LEE, RICHARD HENRY AND JAMES MONROE. To the governor.. LEE, RICHARD HENRY AND J. WALKER, United States Senators from Virginia. To the governor; informing him that speculators had fraudulently purchased up the rights of soldiers of the Virginia and North Carolina lines for arrears of pay in 1782 and 1783....... …………. LEE, JR., THOS. To the governor; informs him of the death of Hon. Wm. Grayson....... To the governor; state lately received a large of tract of land confiscated, called Bristow land... LEWIS, A. To the governor; bond given by him as collector of rents from lands called Bristow lands...... LEFTWICH, W., Col. of Militia. The Chickasaw chief and his companions on their way to Congress..... .. ara……. ·· Travers Daniel, Jr., and others, to the governor; petition for pardon of James, a negro slave..... ••• Ana LIPLONG, JOSEPH. Memorandum from Auditor's office of account for travelling 280 miles, 5 day's detention, and ferriages......... ………. .215-16 ·· LIBERTY, PATRIOT, AND OTHER STATE BOATS. Sold by order of Capt. Richard Taylor at Norfolk………….. At Cape Henry; report of lieutenant-governor. At Cape Henry.. At Cape Henry; price of stone....... ·· To the governor; leaves Richmond December 2d…………….. To the governor: as his appointment was first, will not serve under any militia officer, nor any person but the governor, &c.... And J. Preston, to the governor. To the governor; Indian depredations in Kanawha, Russell, and other counties..... To the governor; state of affairs in Russell county, and adjoining counties; Indian depredations... .. .. sha .... LEWIS, HOWELL. To Governor Beverley Randolph; asks relief for militia fine imposed on him for non-attendance at muster.... ... ... ·· LIGHT-HOUSE. Resolution of House of Delegates, requiring a report on the condition of the mate- rials provided for its erection..... ……………. .... 24-5 45 388-9 581-2 605 650 LILLY, CAPT. THOS. To Governor Beverley Randolph, asking for $300-his schooner "Donald" having been wrecked on Staten Island, and his cargo lost. LINTON, JNO. Memorial from, to the governor, that he had been removed from the office of inspector of tobacco..... 159 443 .. 126 257 269 261 404 436 436-8 572 509-10 34 86 78 .98, 105 169 262 220 13 81 34 INDEX. 683 LITTLEPAGE, JOHN C., Clerk District Court. To the executive, relating to repairs and alterations of Suffolk jail. LITTLEPAGE, JOHN C., Clerk of Nansemond County Court. Certificate that John Cole, James Godwin, and Nathaniel Buxton, are recommended to his Excellency as fit persons for sheriff.. LOAN TO VIRGINIA. Offered by Mr. Willink, of Paris......... LOGAN, JOHN. To Governor Beverley Randolph; strength of militia of Lincoln county..... LONG, ARMISTEAD. To Governor Beverley Randolph; statement as collector of vouchers for District No. 6....... LOTT & HIGBEE. To Governor Beverley Randolph; allowance on tobacco for transportation…………………………. LOWTHER, WM. To the governor; fears he will have to disband his company on account of scarcity of provisions and indians hostile........ LOYALL, GEORGE. To the governor, regarding certain executions against John Lightfoot and Capt. Wood, including letters from H. B. Lightfoot…..... LYNCH, SR., CHAS. LUNATIC HOSPITAL. Application to the executive for funds; John Blair and James Innes, Esqrs., resign as directors.... At Williamsburg; three hundred pounds requested for its use... ... *** LYLE, JAMES. To Governor Beverley Randolph; Daniel Tompkins to collect taxes in one of the back counties is a suitable man, &c........ To Archibald Blair, Esq., clerk of the council, relating to insolvents in Augusta county...... To the governor; settlement of his accounts...... ……..520–21 To the governor; fears that owing to the scarcity of provisions he will have to dis- band his forces-signs of the enemy advancing, &c.... Statement of Rangers for Harrison and Randolph counties. MCCOLL & CUNLIFFE. To Mr. Coleman; coal bill.... ... M ·· 4. 280-81 · MCCALLY, JNO. To Governor Beverley Randolph; requests to be removed from the commission of the peace for Harrison county, as the number is too great for the population.……. MCCLEERY, WM. To the governor of Virginia; rangers in Monongalia county, number reduced........ MCCLURG, JAMES, AND ROBERT GOODE. To the governor and council; members of the executive to examine treasurer's accounts, &c.......... 18 168 43 97 230 LYNE, EDMUND. To Colonel Henry Lee or Colonel Alex'r D. Orr, in the assembly; recommends Col. Henry Lee for sheriff of Mason county; army 2,400 men; indians quiet, &c.......215–16 535 574 505-6 114 652 214 470-1 108 33 46 372 452 5 684 INDEX. MCCOMB, JR., JOHN. To Governor Randolph.... MCCRAW, SAM'L. To Jas. Wood; Hebber's case.......... MCCRAW, JR., WM. To Governor Randolph, relating to the account of the state of Virginia with the United States...... MCGAVOCK, JAMES. ... …………. Minne I' MCDOWELL, SAM'L. To the governor of Virginia, enclosing protest of convention held at Danville, Ken- tucky, against Virginia's withdrawing her troops, so necessary to the defence of Kentucky's people; also a list of indian murders... Receipt book for public lead.... Enclosing receipts for lead issued on executive orders..... MCGUIRE, EDW'D, AND OTHERS. To Governor Beverley Randolph; petition for pardon of Dr. James Medlicott, sen- tenced to be hung for murder of Wm. Hefferman... MCINTOSH, WM. To the House of Representatives of the United States; petition for pecuniary aid; wounded at Guilford Courthouse, and at Camden... Sto MCKAY, JOB. To the governor of Virginia; petition showing that he had been illegally convicted of forgery, and asking the fine of £25 be remitted.... MACON, W. H., County Lieutenant New Kent County. General return of militia, arms, &c., in New Kent To Governor Beverley Randolph; encloses militia returns.. MCMACHAN, W. Orders Colonel Dan. Boon to deliver at Moorefield, Hardy county, certain ammuni- tion....... ...... MADISON, Esq., THOS. • ·· ……… MADISON, J., President of ye Court of Directors of the Hospital for Lunatics. To the governor, enclosing names of persons from whom to choose directors of insane hospital at Williamsburg to fill vacancies, occasioned by death of Thomas Nelson and resignation of Jno. Dixon and Henry Tazewell... To Governor Beverley Randolph; two vacancies in the board-Dudley Diggs, dead; Edmund Randolph, resigned.... ... To Governor Randolph; draws on the executive for funds for support of the hos- pital........ Hon. J. Prentis resigns as director of hospital.......... MADISON, JR., JAMES. To the Governor; inspection law; state debts separated from national; bills of public credit; encloses this morning's papers... To Governor Beverley Randolph; arrears to the Virginia line, passed the two houses; not yet submitted to the president; president been ill-now out of danger; state debts revived...... 352 *** 430 ** 37 7-9 MACON, V. H. To Governor Beverley Randolph; court martial held; doubts about the law to impose fines; requests instructions....... 227-28 41 161 209 381 176 416 57 79 157-8 To Governor Randolph, enclosing a copy of the instructions given by the secretary of the treasury on the subject of our inspection laws-tobacco inspection law…..... 160 To the governor; report of board of commissioners for settling accounts between United States and individual states.. .640-44 82 160 341 384 152 Oath as a councillor of this state......... 103 To Governor Beverley Randolph; tobacco notes returned; no sale made, &c......... 267-8 INDEX. 685 MARKHAM, BERNARD, Lieutenant Colonel of Chesterfield. Resigns his commission... MARINE HOSPITAL, at Norfolk. Work progressing, &c…….………. More funds wanted....... MARSHALL, JOHN, a pensioner. Certificate from King & Queen county court concerning him... MARSHALL, CHARLES. To Wm. Marshall, Richmond, relating to negro slave, George, condemned to death. 338-9 MARSHALL, COL. THOMAS. To Governor Randolph; resignation as receiver for the district of Kentucky..... MARSTON, JR., JNO. To Governor Beverley Randolph; resigns his commission as ensign in Charles City county militia... MARTIN, ALEX. To the governor of Virginia, relating to the southern boundary of the state......... MARTIN, JOSEPH. To the governor; situation of inhabitants between Walker's and Henderson's lines. MARTIN, GEN. JOSEPH. To the governor; returned from North Carolina; North Carolina indisposed to do anything about boundary line, &c.......... MARTIN, JOS., AND JAMES ARMSTRONG. To the governor of Virginia, relating to Judge Archilaus Hughes……..... MARTIN, SPENCER, sentenced to be hung for horse-stealing. Petition for his pardon......... MARYLAND. Joint resolution of legislature to advance money to general government for public buildings....... MASON, DAVID. Tó Governor Randolph; militia ordered from Virginia to South Carolina………….. MASSIE, NATHANIEL. To the governor of Virginia, in council; Goochland county court nominated him and Wm. Holman for office of sheriff-thinks he is entitled to the office.……………………. MAY, MR., late clerk of Botetourt county court. To be prosecuted for neglect of duty.. MAY, WILL. Recommended as county lieutenant of Nelson county, and others recommended as militia officers.... 121 139 214 544 328 199 605 391 242-3 407 144 225 126-7 174 298 26 MEADE, E. To the governor of Virginia; mortgage of Henry Anderson examined, &c...........312-13 MEDLICOTT, DR. JAMES, sentenced to be hung for murder of Wm. Hefferman. Petition for his pardon....... 209 MEMACHAN, WM., AND BENJAMIN BIGGS. To the governor of Virginia, relating to a claim by Pennsylvania for alleged abduc- tors of a negro man, and the murder by indians of the family of Francis Kyley.. 396–8 To Governor Henry Lee, relating to the defeat of the army under General St. Clair, and asking for assistance for frontier counties.... 421 686 INDEX. MEMACHAN, WM. To the governor, relating to Indian depredations and atrocities in Ohio county...... 408-9 To the governor. 413 484 To Col. Daniel Boone; receipt for lead..... MEMORIAL. From the Delegates of Ohio, Monongalia, Harrison, and other counties, to the gov- ernor, stating defenceless condition of the counties along the Ohio river; Indians hostile; regulations of the general government ineffectual; defeat of our army; plan proposed.………………. MERCER, JAMES. Elected a judge of the court of appeals, vice John Blair resigned......... MERCER, JUDGE J. MERCER, A. To the governor; estate of Sir John Peyton, deceased; advertised to be sold………………….. 265–6 To the governor; death of Judge Bullit at Warm springs........ MIDDLESEX MILITIA. Strength of.......... MILITARY. MILITIA OFFICERS. Establishment of the United States; regulations therefor………………. Schedule of pay and rations, approved April 30th, 1790.. M MILITIA RETURNS. Appointed at Westmoreland county.. Recommended in Rockingham county... == MIFFLIN, THOMAS, Governor of Pennsylvania. .... To the governor of Virginia; requisition for Samuel Brady and Francis McGuire, for murdering peaceable Indians.. To Governor Beverly Randolph, concerning attack lately made on party of Indians, &c.; enclosing various documents, &c...... To Governor Beverly Randolph; requisition for fugitives from justice; society for the abolition of slavery, &c.... .... To George Washington, Esq., President of the United States, relating to the extra- dition of Francis McGuire, Absalom Wells, and Baldwin Parsons.... To the governor of Virginia; extract of a law of Pennsylvania, relating to taking negroes or mulattoes from Pennsylvania.... To the governor, relating to the extradition of McGuire, Wells, and Parsons.. To the governor of Virginia, relating to the capture of a slave in Pennsylvania, by McGuire and Brady.... .416–18 For Washington county.. From various counties..... From various counties, &c...... Capt. Ralph Pigot, of the Portsmouth militia, resigns.................... For the spring of 1790........ ... …………. MILLS, WILLIAM, Sheriff of Spottsylvania county. To the governor and council....... •*• COULD ▲ .... MILLER, DANIEL. To the governor; petition for remission of a fine imposed by Frederick county court for breach of the peace……………………. 222-3 • 65 359 96 294 314-19 320-1 343-4 344 345 94 146 24-5 31 52 53-4 109 147 178-9 203 386 MINET, ESTEVAN, Governor of New Orleans. To the governor; Oliver Pollock, public agent for Virginia and United States, con- tracted large debts; disposed of his estate; debts discharged; his great integrity MINOR, DABNEY. Contracts to do the wood work of the capitol, and furnish the materials.……………………………… 95 192 INDEX. 687 MINOR, GARRETT, County Lieutenant of Louisa. To the governor; informs the governor that John Poindexter had resigned the command of the company of infantry to be raised for Louisa county, and recom- mends in his stead George Michie, as captain, also Jas. Poindexter as Lieutenant, and Chapman White, as ensign..... Returns strength of militia in Louisa county To the governor; militia returns of Louisa county. .... MONROE, JAS. To the governor; meeting of Congress; addressed by the President of the United States..... To Gov. Beverly Randolph; letter from governor of western territory, and Gen'l Harmar; expedition against Indians; our loss; their loss; object of the mission completed; bravery of the troops; Kentucky applies for admission into the Union.... To the governor of Virginia; representation bill.. MOORE, JOSEPH, late Sheriff of Rockbridge County. Asks relief of 15 per cent. damages against him as tax collector...... MORGAN, HAYNES. Complains to Gov. Randolph that Lieut. Col. Stephen Coleman has been recom- mended by Pittsylvania county court, as colonel... To the governor, in regard to the colonelcy of the Pittsylvania militia. MORRIS, WM. Petition from, to General Assembly, relating to his appointment by the board of trade to superintend a ship yard at Cumberland, on York river………….. MORRISON, JAMES. To General Richard Butler; Indian affairs...... MORTON, JOHN. To Hon. James Wood...... Claini for flour barrels...... To the governor; suits in Powhatan eourt against S. H. Saunders and Col. Harris, still untried... • MOSS, JOHN. ·· MOSELEY, ALEXANDER, clerk Hustings court of Norfolk Borough. To the governor; certifying the court's recommendation of militia officers... To Gov. Beverly Randolph; John Boush recommended for alderman, in place of Wm. Plume, gent., declining to qualify...... Sarah Hutchings' pension, relict of Col. Joseph Hutchings. Court recommends James Ramsey for alderman... MOSS, CHARLES, Jailor. To the governor, relating to Wm. Towe's escape from jail....... To the governor, relating to the manner of Wm. Towe's escape.. To the governor, relating to the capture of Wm. Towe.......... To Gov. Beverly Randolph.......... To Gov. Beverly Randolph; asks the governor for a suspension of an execution against him in behalf of the Commonwealth...... ........ ... TANG PANA.. MOUND, JNO. JAS. To Hon. James Wood; wishes to be notary public of Westmoreland, Richmond, Northumberland and Lancaster…………. MOUNTAINS. Between Kanawha and Kentucky to be explored and searched for murderous In- dians... MUHLENBURG, FRED'K AUG., Speaker of the House of Representatives of the U. S. To his Excellency, the Gov. of Virginia; death of Theodorick Bland; proceedings of Congress thereon....... 9 63 154 229 231-2 414 144 25 37-8 44-5 317 92 96 233 29 202 285-6 312 20 586 608 632-4 369 206 650-1 162 688 INDEX. MULLINS, DAVID. To the governor and council; seeks appointment as manager at Point of Fork…...……….. 508 MURHPY, ANTHONY, AND OTHERS. Indicted at district court of suffolk for assault on Amos Weeks; memorial to the Executive....... MUSE, HUDSON. To his Excellency, Beverly Randolph; Secretary of Treasury's instruction as to clearances of vessels; tobacco manifest...... MUTER, GEORGE, AND OTHERS. To Gov. Beverly Randolph; petition in behalf of Jno. Rodgers for failing to col- lect taxes from several persons in his district.... NATHAN. To the governor of Virginia and privy council; Andrew Beagle, convicted of horse stealing recommended to mercy.. Claim of...……. NAVAL OFFICE. At Alexandria and Yeocomico; returns from... NECESSARY BUILDING IN THE CAPITOL YARD. Dabney Minor's account for same, £43, 12s, 6d.... N Sa NEGRO SLAVES. Abraham and Jessee, convicted in New Kent county and condemned to death; petition by the court for their pardon………………... Dick, sentenced to be hung in Gloucester county for burglary; petition by the court for his pardon………………… George, tried and convicted in Petersburg and sentenced to be hanged………………….. Jack, sentenced by county court of Spotsylvania to be hung for burglary; court recommend him for pardon... James, (sentenced to death) property of Wm. Adie, of Stafford county; petition for his pardon..... Joe, sentenced by the county court of Nottoway county to be hung for preparing and plotting the murder of Warning Peter Robertson his master, by poisonous medicines... NEGROES CONDEMNED TO DEATH FOR ARSON. Interest manifested in their behalf.... NEUVILLE, PETER ROBERT DE. ·· ... Petition for his pardon by Nottoway court, he being condemned to be hung for plotting to poison his master, Mr. W. P. Robinson...... * The property of Mr. John Lawson, in Gloucester county, condemned to death; owner asks for his reprieve...... NEW KENT COUNTY COURT. NELSON, WM., Clerk Caroline county court. Certificate that Peyton Stern, Thomas Alcock, Wm. Buckner, Sr., and James Bowie are recommended for tobacco inspectors at Roy's Warehouse... Becomes a citizen of the United States...... NELSON, JR., WM. To the governor, relating to Wm. Towe, and enclosing petition from Mrs. Towe for her husband's pardon......... ..... .... PAOUI- To the governor; recommending militia officers....... NEVILL, PRESSLEY. To Gen'l Richard Butler; frontiers greatly alarmed about Indians; Virginians un- der Brady kill peaceable Indians... 154 C 173 ..169-70: 278 279 259 18 9. 189 61-2 196 261. 117 127 69 332-9 208 562-4 153 316-17 59 INDEX. 689 NEWTON, JR., THOS. To Gov. B. Randolph, relating to court martial- To his excellency, the governor; stating that he is charged with damages, and asks to have damages remitted; has paid principal and interest, &C...... To the governor, relating to Capt Thos. Brown, of Portsmouth; his financial condi- tion, &c...... To Beverly Randolph, Esq.; return of militia of Norfolk Borough; large cannon claimed by Col. Finnie as continental; State cannon scattered about; iron can- non in his woods.. To Beverly Randolph, Esq.; cannon demanded by Col. Finnie brought from Spain; Col. Davies; French fleet.. To the Gov. of Virginia; spot chosen for light house; cession to the United States may now be made..... NICHOLAS, Jr., JOHN. To Gov. Randolph; Cape Henry light house.. To Gov. Beverly Randolph; Mr. McCombe building light house on Cape Henry..... To Governor Beverly Randolph; stone at Cape Henry light house to be offered to McCombe........ To Gov. B. Randolph; purchase of the stone buried on Cape Henry dependent on cost of raising….. To Gov. Beverly Randolph, relating to stone at Cape Henry.... Informs the governor that he has returned from the Cape; McComb raising the stone... …….. To Gov. Lee, relating to light house on Cape Henry. To the governor, relating to the apprehended insurrection of the slaves in North- ampton county. .... To the governor, relating to the apprehended insurrection; necessity for arms, &c To the governor, relating to the demand for arms, &c...... ... Bond as clerk of Albemarle county. NORFOLK HUSTINGS COURT. NORTH CAROLINA. Recommend Baylor Hill for Alderman...... NORTH CAROLINA CURRENCY. Found in the woods....... NICHOLAS, G. 106 To the governor; mentioned as successor to late attorney general of district of Kentucky.... Elected attorney-general for district of Kentucky, in place of Harry Innes, resigned 223–4 NICHOLAS, JOHN, Clerk District Court of Albemarle County. To the governor; certificate that Thomas Thomas, alias John Fowler, was convicted of horse-stealing, and sentenced to be hung.... ... ... NIMMO, JAMES. To Gov. Henry Lee; claims of Calvert and Gardner against the commonwealth..... NORFOLK BOROUGH COURT. Recommend to the Executive, Richard Evers Lee, for recorder, in stead of Edmund Randolph, declined to accept; and Donald Campbell, Esq., for alderman, in the room of Richard Evers Lee.. CO D Accepted the constitution of the United States........ ... .. O OFFICERS AND SOLDIERS OF VIRGINIA LINE. Titles to land....... .... .. NOTTOWAY COUNTY COURT. Recommend Rawleigh Carter, Peter Randolph, and William Greenhill, gents., for sheriff....... ………….1 69-70 116 117 146-7 155 183 190 262 265 276-7 283 243 424 540-1 552 601 293-4 541-2 422 129 556 73 223 646 208 87 690 INDEX. OFFICERS OF STATE. Bound to take the oath to support the Constitution of the United States within one month after Aug. 1st, 1789........ OFFICES OF THE TREASURER, AUDITOR AND SOLICITOR GENERAL. Examined; report of the committee..... OFFICERS OF THE RICHMOND ARTILLERY CORPS. To the governor in council... OHIO COUNTY MILITIA. Relative to Capt. McMachen's command, &c..……………….. ORDNANCE, AND ORDNANCE STORES OF THE U. S. At Manchester; return of......... OSTER, M., French Consul. To Gov. Beverly Randolph, (in French), in behalf of M. Chaumon and others, who have claims against the State of Virginia.... .. .... To his Excellency, Mr. Randolph, Gov. of Virginia; decree ordering Messrs. An- drew Wiscart and Augustine de Neuville, French merchants of Hanovertown to render an account... Certifies to the executive the decree in the case of Messrs. Francis Joseph Dauchy and Messrs. Adrien Wiscart and Augustin de Neuville, French merchants... To the Gov. of Virginia; case of Pierre Francis Dauchy, against Messrs Adrien Wis- cart and Augustine de Neuville.... To his Excellency, Gov. Randolph; Mr. Dauchy complains that the sheriff of Han- over has illegally released Mr. Wiscart; requests new order of arrest…………………. OTIS, SAM'L A., Secretary of the Senate of the United States. To the governor; sends copy of the journal of the Senate at their first session...... To Beverly Randolph; sends copy of Senate journal, 2nd session..... To the Governor of the Commonwealth of Virginia; sends copy of Senate jour- nals, 3rd session...... To the Gov. of Virginia; transmits the governor, June 1st, a copy of the journals of the Senate of the United States........ PAMPLIN, MAJOR A. To the governor and council of Virginia; resigns as major of militia...... PAPER MONEY. Burnt.... PARKER, THOMAS. P PARDON. Asked for young slave sentenced to die, his master having failed to employ counsel to defend him.... PARKER, RICH'RD. To Gov. Beverly Randolph; case of Wm. Smith, Emanuel Driver, and Paul Driver, sentenced to be hung for burglary. To the governor, relating to Hugh Dowdell.. .... PATE, MATTHEW. Account against the commonwealth... Giving an account of vouchers collected in district No. 7, for provisions, &c……….. To Gov. Randolph; great negligence in preserving vouchers... PARSONS, BALDWIN, FRANCIS MCGUIRE, AND ABSALOM WILLS. Demand by the governor of Pennsylvania for their surrender...... …………. Petition to be appointed doorkeeper to the council..... ... PATRICK COUNTY COURT. Alteration of the dividing line between Patrick and Henry counties....... .... …………. 128 330-1 600 570-1 322 55 122 124-5 145 165-6 37 217 272 569 121 276 600 376 586 34 94 107 402-3 389 466 INDEX. 691 PATTESON, DAVID. To Robert Goode, stating that Samuel Weisiger was appointed flour inspector for Manchester and its neighborhood........ PATTON, HUGH. To the governor; Harry Heth, state agent, refuses to deliver 300 hogsheads of tobacco to him, for which he had contracted; asks relief.... PAYNE, SAM'L. To the governor in council; prisoners from Boston; expense in bringing them to Richmond... PAYNE, JR., WM. To the governor; Joseph Haden recommended as major of militia.......... PAY ROLL. Of Capt. Wm. Clendinen's company of rangers………. PEARCE, MARTIN. Fined for failing to list his riding chair...... PEGRAM, JR., EDWARD. To the governor;. counterfeit North Carolina currency; certificates, &c. found…………………. PENDLETON, J., Auditor. To the governor, in regard to accounts referred by Executive to auditor... To the governor; no particular amount on the auditor's books of donations to the army.. To the governor; certificates for militia service, &c....... To the governor; Col. Davis wants auditor's books for 1785 forwarded to him....... To the governor; expense of expedition against Shawanese and Wabash Indians, asked for by Col. Davis ……………… To the governor; amount issued to scouts and rangers in the year 1788. 1788..... To the governor; charges of interest on Oliver Pollock's bill of exchange…………….. To the governor; recommends leave of absence for Mr. Southall, his assistant, his declining health requiring it... To the governor; sums paid by Virginia to pensioners from January 1, 1786, to January 1, 1789.. .... ……… ... To the governor; public collectors; taxes due for 1785-7........ To the governor; regulations in the public offices.... Certificate that Governor Beverly Randolph has this day taken the oath pre- scribed by law.. To the governor; Mr. Pauley's claim in French language; asks to have the papers transmitted and reported upon......... To the governor; Col. Davies' letter; no vouchers respecting continental account... To the governor and the Hon. Board; Oliver Pollock's protested bills; account current with P. Pinet & Co........ .... ………… Relating to inspector's balances.. To the executive, relating to certain state military officers, claiming half pay and commutation. To the governor, relating to the auditor's books………………. foo To the governor; requests fifty pounds to defray the expence of sending out notices and executions against public debtors...... To the treasurer; commissioners of the federal district have drawn for $28,000. To the executive; warrants for rations for rangers... A To Gov. Lee; best mode of sending certain lists to the sheriffs. To the governor; Walker Hopkins' claim....... To Gov. Lee; list of debts paid by state to foreign creditors.. To the governor. To James Lewis. ww Statement of Gen. Gist's claim...... To the governor; relating to the accounts for frontier defence for 1791.. To the governor; accounts for sending out notices and executions against public delinquents for the last half year.... To the governor; William Phillips, sheriff of Louisa, has paid the amount of the judgment against him for the taxes for 1789...... To the governor; Mr. Bank's claim settled... 45 70 62 540 13-14 32 223 42 59 64 77 82 88 94 111 126 129 210 226 227 25J 256-7 269 340 352 353 389 396 431 433 434 438, 452, 462, 473, 642 455-6 478-9 495 498-9 503 597 692 INDEX. PENDLETON, JOHN, Deputy clerk Caroline county. To the governor; George Guy and Anthony New recommended by the court for sheriff.... PENDLETON, JOHN. Made solicitor; bond given; oath of office, &c........ To the governor; list of delinquent sheriffs, &c......... PENSIONERS. PENDLETON, JAMES, late Sheriff of Culpeper county. To the governor and council, praying suspension of further proceedings against him Paid by Virginia from January 1, 1786, to January 1, 1789... Ann Hardgrove, Lucy Robinson, Mary Windham….... PENSIONS. Widows and invalids...... PENNSYLVANIA. Claim by governor of, for alleged abductors of a negro man, &c……………….... PETERSBURG. Attempt to burn it, to liberate prisoners in the jail; reward offered..... Attempt to burn it... PERMANENT SEAT OF GOVERNMENT. The present site of Washington most eligible as shown by the able address of the committee of citizens of Georgetown and Alexandria........ PEYTON, JOHN. PETITION TO THE GOVERNOR AND COUNCIL. From numerous citizens of Goochland county in regard to Heth Jones Miller…..…………. To Gov. Randolph; transaction while at Point of Fork... To the governor, relating to John Crane, Jr........... To the governor, relating to ammunition to be procured at Winchester..... PEYTON, LADY MARY, relict of late Sir John Peyton, Baronet. Memorial in her behalf from A. Mercer... PEYTON, SIR JOHN.. Estates to be sold.... PEOMINGO, Chief of the Chickasaws. Wants forty gallons of rum to serve his party while descending the Ohio………………………….. 52 …………. PIOMINGO, Indian Chief. • Wishes to change his route... PIRATES. PIATTS, CLAUDE. Petition to Gov. Beverly Randolph, that a fine against him may be remitted......... PINCHAM, SAM'L. Recommended as captain of Light Horse in Nottoway county...... ... ... ... ... PINCKNEY, CHARLES, Governor and Commander-in-Chief of South Carolina. To Henry Lee, Esq., Gov. of Virginia; requisition for one John Halzendorf, charged with forgery... Charged with the murder of Capt. Lapelle, a French officer...... De .... 345-6 352 176 • PLUME, WM. Recommended by Hustings court of Norfolk Borough, as alderman, in room of Ben- jamin Pollard, resigned....... 383 126 652 208 396-8 88 197-8 401 58 109 519 610 140-1 266 265-6 394 1 412 54 17-18 157 INDEX. 693 POINDEXTER, JOHN. Resigns his commission as captain of infantry….. POINT OF FORK. Sums due to superintendent, artificers, and guard. Quarterly returns from... Accounts of... POLLARD, THOS., D. C. of Northumberland county court. To the governor; recommends militia officers...... POLLARD, WM., clerk of Hanover county court. To the governor; stating that John Syme, sheriff of the county of Hanover bath not entered into bond for collection of taxes............ POLLOCK, OLIVER. Cominunication from the Gov. of New Orleans regarding him….... To Gov. Beverly Randolph; evidence that he has discharged all debts contracted by him during the war. PORTERFIELD, ROBERT. To the governor regarding papers, vouchers, &c., to be forwarded to Col. Davies, at New York………….. To Beverly Randolph, Esq.; collection of vouchers, &c... To Beverly Randolph, Esq.; vouchers for Col. Davies.. To Beverly Randolph, Esq.; Col Chas. Cameron's account; Col. Sampson Matthews' accounts... POSEY, T., County Lieutenant of Spottsylvania county. Asks for a commission as Cornet for Beverly Stanard, of Spottsylvania county...... To his Excellency, Gov. Randolph; encloses returns of the militia... Certificate from; certifying to good conduct of John Eager as a soldier; wounded and lost the use of his arm.. POTOMAC COMPANY. Petition to the governor and council of State; that the treasurer be required to pay to the said company, the sum of five pounds on each share of stock owned by the State in said company... Survey of the river from tide water to the mouth of the Savage....... POTOMAC GUARDIAN AND BERKELEY ADVERTISER. A small newspaper characteristic of the times.... POWELL'S VALLEY. …………. To Gov. Beverly Randolph; enclosing copy of Act of Legislature; his warrants should bear 6 per cent. interest; requests that warrants should be issued to him.. To Gov. Beverly Randolph; scurrilous paper sent to the President of the United States, and signed by Lewis Toutant Beauregard, (copy of), and T. Le Bourgeois. 251-4 Requests copy of the affidavit of Ebenezer Reese... 432. Skirmish between Indians and Whites......... POWERS, EDW. J. Certificate as to John Crane, Jr.….……………………. POWERS, EDWARD, Jailor. Certificate as to Jno. Crane, Jr., his conduct and condition, &c......... PRENTIS, JOS, To Governor Beverley Randolph, relating to revision of the laws....... PRESTON, FRANCIS, AND JAMES BRECKENRIDGE. To Governor Beverley Randolph; new county of Wythe, &c.......... ... 9 PRESTON, FRANCIS. To Governor Beverly Randolph; recommends Enoch Osborne for magistrate, and Wm. Love for sheriff... To Hon. James McClurg; commission for the sheriff of Montgomery county lost new commission required..... Chosen member of the House of Representatives in the United States.. 2 33 625-6 Ag 36 213 192 230-1 244 63-4 103 126 84 .99-100 131 69 86 204 483 11 497 .218-19 520 106 132 389 450 694 INDEX. PRESTON, J. To the governor of Virginis; prefers his commission as a militia officer to one as commander of a volunteer company. 435 To the governor and council, relating to his company and the price of rations…….... 577-8 To the governor; assigns reasons for distributing the men of his company instead of keeping them in one body. To the governor and council..... PRESTON, WM. To the governor; received a command as captain in the federal army; resigns as ensign in the volunteer militia... PRICE, WILLIAM.. To the governor; seeking appointment at the Barracks in place of Major Lang- ham, who intends to resign.... PRINTING ACTS OF CONGRESS, &c. Resolution of House of Delegates requiring same number to be printed as of the Acts of the General Assembly. PRIZE. ** PRIVATE LETTERS OF GENERAL LEE. To meet him at Mr. Jas. Steptoes, at New London, on his return from the south- western frontier........ PRIVY COUNCIL. Members of, Hons. John Dawson and John H. Briggs have taken the oaths pre- scribed by law..... *** Sent to Martinique... PROCLAMATION BY THE GOVERNOR. Uma. Requiring all Naval officers, collectors of duties, and searchers to cease the exercise of their official duties after the first day of August, 1789.... For the arrest of Brady and McGuire, charged with the murder of peaceable Dela- ware Indians.... PROUT, RICHARD, Inspector of Tobacco at Coan Warehouse. Certificate of his death, and recommendations by the court of persons to fill his place...... PRYOR, MAJOR J. To the governor; account of military stores while he acted as commissary………………………….. PUBLIC ARTICLES. List of, sold by Elias Langham, superintendent for the state of Virginia……………………… PUBLIC BOATS AND GOSPORT LANDS. Proceeds of sales of, enclosed to the governor by Sam'l Shepard, clerk.............. PUBLIC BUILDINGS. At Washington; Virginia's subscription pressingly sought.... Directors of, to the governor; condition of the capital, &c.. PUBLIC PRINTING. PUBLIC OFFICES. Committee appointed to visit them, requested to examine the books of the audi- tor's office... PUBLIC PRINTER. John Dixon, dead; application by his son to be appointed in his stead. Certificate of Charles Hay relating thereto.. Bids for.......... ...... ... 13 6-7 298-9 ... For apprehending McGuire and Brady, suspended until further order of executive. 421-2 Relating to the establishment by North Carolina of Walker's line....... Convening the General Assembly to meet October 1, 1792... By Governor Lee, for apprehension of Wm. Towe....... 463-4 573-4 632-4 587-8 651 651 484 77 650 85 67 401 128 595-6 342 572-3 593-4 353 295 70 395 INDEX. 695 Q QUAKERS, Religious Society of the County of Frederick. To the governor, asking their exemption from militia duty QUARLES, TUNSTALL. To Gov. Beverly Randolph; Col. Thompson's charges against him; will establish his innocence, &c.. QUARRIER, CAPT. ALEXANDER, of the Artillery Corps of Richmond. Petition to the governor and council for arms.... Alexander Campbell, 1st lieutenant, A. W. Dunscomb, 2d lieutenant, to the gov- ernor in council; on the 16th inst., (June, 1792), citizens of Richmond associated as a company of Artillery, made choice of the above persons as their officers..... Receipt for arms.... QUICK, GEORGE. An escaped prisoner from the Dumfries district jail; recaptured and lodged in same jail...... Petition for his pardon...... R RALSTON, WM. Claim against the foundry; letter from Sam'l Coleman to the executive, relating to it....... .. RAMSAY, WILLIAM. To the governor, relating to a young negro condemned to death; had no attorney, &c.; his master thought to care more for his money value than for his life... : .... RANDOLPH, ESQ., BEVERLEY. Elected Nov. 28th, 1789, governor of Commonwealth of Virginia.. Qualified as governor 8th day of Dec'r, 1789... To James Innes; sends Act of Assembly containing revenue law for his opinion... To Mr. Attorney-General; his opinion asked for on act sequestering British prop- erty... A ... To the United States; cession of two acres of land in Princess Anne county, for erecting a light-house; to be built within seven years; to revert to state if suf- fered to decay... Report on post at Point of Fork; new French arms; old muskets, &c....... To Mr. Attorney-General; opinion requested as to commissioners' fees, &c.; sale of land under revenue laws; opinion of attorney-general given.... Took oath of office Dec. 3d, 1790………….. To Brigadier General Wood; being unwell, sends such public papers as he had received since last meeting; letter from Mr. Monroe; national bank established; its principles... A proclamation; reward for Brady and McGuire; charged with murder of Dela- ware Indians.... To the governor of Pennsylvania, relating to McGuire and Brady .... In council, to James Innes, attorney-general; powers of county courts. To Attorney-General, James Innes; extradition discussed. To the governor of Pennsylvania, relating to requisitions for delivery of certain persons charged with offence committed in Pennsylvania.... ... ... ………… ▼ RAMSAY, DENNIS. To the governor, enclosing petitions for pardon of Will, a negro slave.... To the governor, acknowledging pardon received for a negro to be sent to the West ....616–19 Indies.. To the governor of Pennsylvania, declining to surrender certain persons demanded for kidnapping a free negro named John, the attorney-general so advising.. To James Innes, attorney-general; asks his opinion on the validity of the certificate of two professors of William and Mary college, as to qualification to act as sur- S veyor......... 370-1 221 555 600 606 9 13 329 624 600 888888 68 68 89 163 196 201 202 226 258 298-9 305-6 323 326-8 329 340-1 364 696 INDEX. To William Rose, Benjamin Woodward; taken' up under a proclamation of the state....... To the Hon. General Board; unable to attend the council to-day. To the speaker of the House of Delegates, relating to the demand by the governor of Pennsylvania, of certain persons, as fugitives from justice RANDOLPH, EDMUND, and others. Report of new edition of state laws....... RANDOLPH, EDMUND, Attorney-General of the United States. To the governor; claims of Beauregard and Bourgeois against Pollock........ ·· To the governor of Virginia; case of Beauregard and Cadet Sardet, and Oliver Pol- lock... Recommended as colonel of Militia in Nottoway county...... To the governor, enclosing treaties.. To the governor of Virginia; Virginia land claims; land laws of Virginia, &c........ To President Washington, relating to the demand by the governor of Pennsylvania for McGuire, Wells, and Parsons ... To the governor of Virginia; claim of the Gist family. RANDOLPH, HARRISON, Clerk of District Court of Brunswick. To Gov. Beverly Randolph, Esq.; John Goodrun fined 400 pounds of Tobacco, for not answering to his name as a grand juryman……………… RANDOLPH, PETER. REPORT. • On Pennsyvlania line………………. vae... READ. J. H. To the governor; recommends Col. Sam'l Richardson, as manager at Point of Fork RECORD. Of conviction of criminals to be transmitted to the executive by clerks of district courts, without delay. ... RESOLUTION, JOINT. RANGERS. Pay roll of company of, on the Great Kanawha, containing names, &c., of company 13, 14 RANSOME, RICHARD. Certificate as to John Crane, Jr., condemned to death for the murder of Abraham Vanhorn..... REPRESENTATIVES IN CONGRESS. Vermont and Kentucky each entitled to choose two; Act of Congress, Feb. 25th, 1791...... Chosen for certain districts.. Relating to the address to the National Assembly of France...... 40 .... **** 109-11 113-14 190 207 RED BIRD BOWLES, Indian Chief. Who went to England, and exerted much influence on the Indians after his return 480-1 REQUISITION FROM GOVERNOR OF PENNSYLVANIA. Sam'l Brady and Francis McGuire charged with the murder of peaceable indians in Pennsylvania..... ma' 378 391 402-3 346-50 386-7 …………………………. 51 REUBEN, LEVI. To the governor and council; petition for relief of a fine............ REVISAL OF LAWS. Under act of 1789; Messrs. Randolph, Mercer, Tazewell, Prentis, and Tucker, re- visors........ 145 1 491 487 607 RESOLUTION OF HOUSE OF DELEGATES. 75 Relating to the permanent seat of the general government......... Relating to defensive operations in Russell, or other Western frontier counties, &c.. 387-9 264 .448-50 133 294 412 362 51 INDEX. 697 REWARD. Of one hundred dollars by governor for apprehension of Wm. Towe…..... RICE, BENJAMIN. RICHARDSON, HOLT. To the governor, relating to meetings of negroes at night in the county of King William; asks for arms.... RICHMOND ARTILLERY CORPS. To Governor Beverley Randolph…………………….. 碍 ​Alexander Quarrier, captain; petition for arms.. Officers of, to the governor.. RIDDICK, WILLIS, AND OTHERS. To the governor, relating to the conviction of Coff, a negro man, sentenced to death. RIDLEY, JAMES. In jail in Winchester, condemned to death for horse-stealing; petition for his re- prieve....... RIDLEY, THOS. Certifies that Benjamin Blunt, county lieutenant of Southampton, has received no money by virtue of his office for militia fines for 1788-9...... RINKER, JACOB, County Lieutenant of Shenandoah. To the governor; sends militia returns. ROANE, JOHN, AND OTHERS. To the governor and the members of the privy council, regarding the sheriffalty of that county. ROANE, SPENCER. . Chosen a member of the general court..... ROANE, JR., THOMAS. .... ... To the governor and council, asking relief from fine imposed by district court of King & Queen for assault and battery upon Robert Beverly. Petition to governor and council for remission of fine for assault upon Mr. Rob't Beverly.... ROBERTS, JOHN, Jailor. To Governor Beverley Randolph; informs him of escape of prisoners from North- umberland county jail. ... To Governor Beverley Randolph; asks relief for taking care of two prisoners and their guard during the winter... To the governor of Virginia; resigns as public jailor for the counties of Richmond, Westmoreland, and Lancaster.... ROBERTSON, GEORGE. To Governor Beverley Randolph; Edw'd Archer, inspector at Bolling's warehouse, dead... …………… …………. .. …… .. 595 ROGERS, THOS., Deputy Clerk of Hanover County Court. To the governor of Virginia; Park Goodall, John Syme, and Elisha White recom- mended for sheriff of said county..... 387 571-2 555 600 472 ...319-20 161 61 71 104 65 ROBIN, a Negro Slave. Condemned to be hanged for stabbing and robbing Bottom Steagall ROBINSON, JAMES. Recommended by Princess Anne court as proper person for coroner.. ROGERS, JNO. To Governor Henry Lee, relating to defeat of the army under General St. Clair...399-200 To Governor Henry Lee, relating to the lands of officers and soldiers located below the Tennessee river.... To Governor Henry Lee, relating to the Creek Chickasaw and Choctaw indians.....439-41 223 127 139 399 96 47-50 390 427-8 179 88 698 INDEX. ROSE, WM., Keeper of the Public Jail. To the governor and council; Joseph Clarke committed to jail for debt; resolution in regard to insolvent debtors; to be discharged; prays for discharge of John Rose.... ROSS, DAVID. Letter from, recommending Peomingo or Mountain Leader, a principal chief of the Chickasaws, and other chiefs of that tribe, to the hospitality of the people through whose country they may pass..... ……………. To Governor Beverley Randolph; lands purchased from the state of Georgia; three companies-Virginia, South Carolina, and Tennessee companies…….. ROSS, JAMES. Bond as notary public…………………... ROY, RICHARD, of Caroline County. Affidavit of, execution against inspectors at Roy's warehouse…………. RUFFIN, JR., EDMUND. To Governor Beverley Randolph; makes return of the militia of Prince George county... RUSSELL, ARMISTEAD, Late Sheriff of New Kent County. To the governor and the honorable the council of the commonwealth; prays for an extension of time in which to collect and make return of his taxes... RUSSELL, WILL., Clerk to the Executive of Virginia. Directors of lunatic hospitals, ask for funds.... SACREA, THOS. ST. CLAIR, GEN. Fined for retailing spiritous liquors…………………… Defeat of the army of....... RUSSELL, ARMISTEAD, AND OTHERS. To Governor Randolph, praying for the pardon of Abraham, sentenced to death...169–70 RUSSELL, C. To Gov. Beverley Randolph, enclosing certain accounts taken from his books, &c.. 32 RUSSELL COUNTY. Situation of, in regard to the indians; report by Simon Cockerell………………. RUST, SAM'L. To the governor of Virginia; certificate that Jeremiah Rust, tobacco inspector at Kinsale and Yeocomico warehouse, is dead...…………. SAUNDERS, RO. S DAR ·· ……… • .. ... na To John Pendleton.. To Gov. Beverly Randolph; asking that tax on negro Sam be refunded.. ** SAMPSON, STEPHEN. To his excellency, the governor, and the honorable members of the executive coun- cil; asks to be relieved of damages awarded against him for arrear of taxes....... MODA ALEGER SAUNDERS, PETER, County Lieutenant Franklin county. To Gov. Beverly Randolph; copy of charges against Col. Thos. Arthur; Arthur ar- rested; charges, &c...... ………… 234 ..... 36-7 287-8 # 163 SAUNDERS, SAM'L. To Gov. Beverly Randolph; regarding wheat and flour; employed during the war to manufacture flour for the public To Beverly Randolph, Esq.; claim for flour barrels, &c......... UGG 322 22 151 .899-400 418 277 228 478. 151 278-9 362 220 65-6 166 INDEX. 699 SCOTT, GEN'L CHAS. SAVAGE, LITT. To the governor, relating to the insurrection of the slaves in Northampton Co., &c. 546-7 Refused to act as county lieutenant of Woodford county. To the Gov. of Virginia; boats going up the Ohio attacked by Indians; eighteen men killed; bravery of Capt. Hubbles; Indians on the frontiers, &c... To the governor of Virginia... To the governor of Virginia; St. Clair's grand army has taken up their line of march To the governor of Virginia; court martial for trial of Col. Barnett, &c....... → SCOTT, JOHNNY. To the executive; certificate as a justice of the peace, that Benj. Johnson, Lt. Col., made oath before him that he had not received any monies, &c., by virtue of his office A SCOUTS. SCOUTS AND RANGERS. For western defence, no longer chargeable to this Commonwealth. Report of the court of inquiry on, and further proceedings of the Board at Mor- gantown ••• SEAL OF CHANCELLOR. In Randolph and Harrison counties...... SEAYRES, THOS. Requested to be engraved on steel....... SELDEN, JOSEPH. Appointed ensign in United States Army...... Petition of; asking suspension of execution......... SENATE JOURNALS OF THE UNITED STATES. Sent to the governor of Virginia…………………. SHAWANESE AND WABASH INDIANS. Cost of expedition against... SHANNON, WM. "To Gov. Beverly Randolph; accounts as commissary in Western Department ad- versely reported on....... ... ..... SHEPARD, SAM'L, AND J. CARTER. To the governor, asking permission to lodge in one of the committee rooms of the Capitol...... ..... O ... SHEPARD, SAM., clerk Solicitor's office. Relating to delinquent sheriffs, &c.... To Beverly Randolph, Esq.... Statement of account against Goodrich Wilson, sheriff of Isle of Wight, for rev- enue tax of 1784... **** Delinquent sheriffs. To the Governor; enclosing states of the venditioni exponas issued against John Callaway, former sheriff of Campbell county. To Beverly Randolph, Esq..... 1. Certificate of settlement of Jno. Naper, sheriff of Fluvanna. To the governor of Virginia; Charles Lee, John Laird and others, give bond for goods in general court.. To Gov. Beverly Randolph; delinquent sheriffs; list of.. To Gov. Beverly Randolph; expences of riders with executions against public debtors... ………. To Gov. Beverly Randolph; warrant for expenses of riders with notices to delin- quent inspectors, &c.... ... To Gov. Beverly Randolph; annual statement of revenue, &c.; and balances due from counties... Bonds for duties, contrary to law; Francis Payton, Wm. Wilson........... 25 282-3 358-9 370 462 93 86-9 583-4 594 644 179 1 569 227 82 98 130 132 145 146 159 163 165 182 198 203 211 218 230 1 700 INDEX. To Gov. Beverly Randolph; balances due from tobacco inspectors... To Gov. Beverly Randolph, Brockenbrough's bonds; how discharged…… To Gov. Beverly Randolph, relating to certain warrants…...... SHEPHERD, DAVID, County Lieutenant of Ohio. To Archibald Wood, Esq.; transmitting the number of militia in Ohio county…………………. To Gov. Beverly Randolph, relating to rangers and spies for defence of Ohio county To his Excellency, Thos. Mifflin, governor of Pennsylvania; hostile disposition of the Indians; four citizens killed; Indians pursued into Pennsylvania; scouts and rangers, &c.... To Gen'l Knox, secretary of war; militia ordered out; Indians have made a gen- eral attack; out of ammunition, &c..... To Gov. Beverly Randolph; Indian depredations on frontier; situation alarming; cause of the attack upon the Indians..... To the governor, relating to the killing of many persons by the Indians; fears of their further atrocities, &c...... •*• ---- 30.0 301-2 ... *** 488-91 Benjamin Biggs, Lt.; Wm. McMechan, Capt.; Joe Snuff, Major, to the governor, relating to the state of affairs in Ohio county Ebenezer Lane, Col.; Benj. Biggs, field officers of Ohio county; proceedings of……………. SHERIFFS. Delinquent.... SHERIFF OF AUGUSTA COUNTY. Three persons recommended for that office, July 21st, 1789.......... SHIELDS, RO. To Gov. Randolph............. ………… SINGO, RALPH, AND JAMES RICHARDS. Lynched in Accomac county.. SINKING FUND. SHORE, THOS., AND A. W. ROBERT. To the governor, recommending Henry Morris as flour inspector for that part of Petersburg, formerly Pocahontas, in Chesterfield county...... T SKILLERN, GEO. SLAVERY. Report from the committee appointed to examine state of. Report of....... Statement of A. Singleton, agent……….. Society for abolition of......…………. SLAVES. . ** ·· ởi CAN SHORT, MR., Charge de affairs in Paris, from United States. In regard to Virginia borrowing money through W. & S. Willink, of Paris………………….. 281-2 Endorses the house of Willink & Co... 281 ..... Phil. sentenced to be hung; petition for his pardon.......... SIMMS, CHAS. To the governor; land titles in Pennsylvania; board of property refuse patents…....209-10 SINCERE AND TRUE FRIEND. To Gov. Randolph; one Wm. Gibbs, says if the governor were here and behaved like the men lately hung, he would be hanged in the same laconic manner……………………. SINGLETON, A., Agent of the Sinking Fund. To the governor; report of sinking fund...... State of the sinking fund.... To A. Blair... To Gov. Lee; resigns as agent of the sinking fund...... •D ... LPGRADES .289-93 • 7 Sat To Gov. Beverly Randolph..... To the governor; enclosing recommendations for inspectors of tobacco at Crows warehouse... # 262 275 319 13 28 .. 548-9 569 7 198 394 191 365 113 303 412 423 328 82-4 113 152 358 477 320-2 101 8 INDEX. 701 Allen and Joe condemned; the first named to death, and the second to be burned in the hand………….. In Northampton apprehended insurrection of....………………. Stolen and carried to southwestern territory…...... SMITH, ANTHONY. To Gov. Randolph; rangers raised by him; supposed he could command them...... SMITH, H. To Gov. Randolph; affairs in Russell county; Indians hostile, &c.; people moving into the interior of the county instead of taking up arms.. SMITH, JAMES, A Pensioner. SMITH, J. D., County Lieutenant. To the governor; hostile Indians in Russell and Washington counties; family of John Frazier killed; Mrs. Wiley taken prisoner; Mrs. Whitley killed and cut into small pieces, &c....... Wounded at the battle of Guilford; allowed half pay. SMITH, JOHN. To the governor; relating to John Crane, Jr......... SOUTHWESTERN FRONTIERS. Astenaula and Cherokees.... SMITH, LTE., Clerk Franklin county court. Order of court; Thos. Arthur one of the justices thought to be of infamous character..... SPECIE IN THE TREASURY. 28th March, 1792....... SNEAD, SMITH, County Lieutenant of Northampton county. To the governor; relating to the apprehended insurrection of the slaves.... To the governor; relating to the apprehended insurrection in Northampton; not so bad as was first supposed; about a dozen negroes in jail.......... To the governor; best method of preventing future disturbances among the negroes, &c.; patrollers, &c........ ·· SPOTSWOOD, ALEX. To the governor; requesting his pay for services as colonel of militia..... STATE BOATS. .589-93 534-5 601-3 Liberty and Patriot and other state boats sold..... STANDLEY, JNO., AND WM. RICHARDSON. Inspectors of tobacco at Merriweather's warehouse, New Castle, to the governor; petition for relief...... STATE OFFICES. Examined...... • STEPTOE, WILL. To Leighton Wood, solicitor-general, asks enquiry into conduct of Geo. Bird, com- mander-in-chief of Middlesex militia.... [ 265 374-5 180-1 569 503-4 270-1 534-5 555 624-5 626 481 488 STATE DEBT. Amount to be furnished to the secretary of the treasury of the United States........ 46–7 STATE LAWS. Report of Edmund Randolph, one of the compilers with Messrs. Mercer, Tazewell, Prentis, and Tucker, appointed in 1789 to revise the laws of the commonwealth.. 323-4 13 51 330-1 266-7 To Gov. Randolph, respecting Col. George Bird's misconduct in office; depositions.. 295–6 To Gov. Henry Lee... 457 702 INDEX. STITH, GRIFFIN, AND JOHN STRATTON, JR. Affidavit as to the lynching of Ralph Singo and James Richards in Accomac county STITH, JOHN, Sheriff. To the governor, praying that a judgment against him may be refunded......... STITH RICHARD. To Gov. Randolph; sheriffalty has thrown him in great trouble, &c., asks gover- nor's intercession. To Gov. Randolph.......... .... STODDARD, LUTHER. To the executive; praying relief from confinement for debt due the commonwealth STRATTON, HENRY. STOKES, WM. To the executive; asks a stay of execution against him in favor of the common- wealth....... STOTT AND DONALDSON. To the governor; asking that their claim be paid on application of Wm. Mitchell of Richmond... To Beverly Randolph, Esq.; asking pay for Wm. Mitchell.. Commander state schooner Alliance; balance due him....…………… STROTHER, BENJAMIN AND THOMAS GRIGGS. Certificate as to John Crane, Jr.……………. ………….0- STREET, ANTHONY, County Lieutenant. To the Governor; militia returns of Lunenburg county, and recommendations for officers of militia... ** STUART, ARCHIBALD. To the governor; discussion of the subject against the public collectors, &c.; money embezzled, &c...... To the governor; relating to a fine imposed on Thomas Frame for a breach of peace; Frame's conduct towards Broebeck arbitrary and oppressive………. TATHAM, WM. STUART, D. To the governor; relating to the money granted by the Assembly for erection of the public buildings at Washington…... To Gov. Randolph... STUART, JOHN. To Gov. Henry Lee; relating to Captain Caperton's company, &c....... ... To the governor; the mountains between Kanawha and Kentucky to be scoured for the enemy who are supposed to be there...... P SWANN, JR., JOHN. To the governor; under Richard Crump, Esq., sheriff of Powhatan county; asks relief for damages against him as collector of taxes....... T SYME, JOHN. To the governor; stating that he had offered sufficient security for office of sheriff; court wishes to deprive him of the Sheriffalty; asks that no new commission be granted..... To Gov. Randolph, enclosing copy of Gilpin's survey....... UA TARDIVEAU, P. To the governor; asks compensation for the paper and blank books used in the campaign of Gen'l Clark and Col. Logan..... 828 219-20 389 261-2 358 .311-12 .629-20 376 ; 377 59 127 57 504 342 356 438-9 650-1 148 213 70 ..111–12 INDEX. 703 To Governor Randolph.. .... To Governor Randolph; Pennsylvania line, and Acts creating and dividing the counties in the western part of Virginia........ To Archibald Blair, Esq.; sends two volumes of Barmadiston's reports; the property of the state..... …………… To Gov. Beverly Randolph; at work on his map; coloring the islands; Carolina, Georgia, &c.; outlines of Maryland...... To the governor, enclosing a topographical analysis of Virginia....... TAYLOR, JOHN. To Gov. Henry Lee; taxable property in Montgomery county, 1786…………….. TAZEWELL, HENRY, TAYLOR, JAMES. To the governor; contract for building marine hospital in the town of Washington To Gov. Beverly Randolph; marine hospital; more funds required..... To Gov. Henry Lee, requesting warrant for compensation of Win. Newman, as clerk of the commissioners... Recommended to fill vacancy in place of ensign in Capt. Preston's company. To Gov. Randolph; new edition of the laws..... To the governor, relating to the case of Wm. Towe....... TAZEWELL, HENRY, AND RICHARD PARKER. To Gov. Beverly Randolph, Esq.; judgment of the court in case of Spencer Martin, convicted of horse stealing.... TELFAIR, EDWARD, Governor of Georgia. To governor of Virginia……………………. TERRITORY. Northwest of the Ohio river, &c……………….. THOMAS, THOMAS, alias John Fowler. Convicted of horse stealing...... TEDFORD, JAMES. Recommended for Lieutenant of Rockbridge county militia, and Robert Anderson for ensign..... THORNTON, ARTHUR. J CENA 2 THOMPSON, G. Certifying that the certificate signed by the governor, admitting James Askew to the pension list, was lodged in clerk's office of Fluvanna county; has received his pension up to end of year 1788... To governor Beverly Randolph, charging Tunstall Quarles, sheriff of Fluvanna county, with abuse of his office... To Gov. Henry Lee; wants a small iron cannon; is about to start to the western country...... To Governor Beverly Randolph, Esq.; militia fines..... To Gov. Beverly Randolph, relating to general musters, fines, &c........ THWEATT, CAPT. PETER. Death of......... .. ………… THOMPSON, JAMES. To the governor and council, relating to a negro stolen from him by Valentine Vanhozer.... THROCKMORTON, ROBERT. To the governor; petition for the pardon of John Crane, Jr........... TIFFIN, EDWARD. .. .... 118-19 Certificate as to Jno. Crane, Jr.............. THWEAT HENRY. Certificate as to death of Capt. Peter Thweat, inspector at R. Bolling's warehouse.. ·· .133-7 169 196-7 363 130 214 407 651 462-3 144 271 567 34 433 19-20 293-4 169 217 466 453 132-3 250-1 599 121 121 497 704 INDEX. · TODD'S, GEORGE. Pétition to the executive for relief from a fine for retailing liquor without a license. 636-9 TODD; ROBERT. To John Hawkins, making application to be appointed county surveyor of Fayette county.... TOMPKINS, DANIEL. To Governor Beverley Randolph; collector of taxes for Henry county.. TOWE, MRS. Petition to the governor and council for the pardon of her husband, Wm. Towe….... 563–4 TOWE, MRS. GRACE. Petition to the governor and council for the pardon of her husband, Wm. Towe, also the petitions of numerous citizens that he be pardoned...... TOWE, WILLIAM. Condemned to death for horse-stealing; numerous petitions for his pardon, and a protest against it... TREASURER. Account of his escape from jail, by the jailor. Recaptured, sundry letters relating to his capture, &c.. TREASURY. 562-8 Petition for pardon. ..... .... 564-5 Protest of twelve farmers of Isle of Wight and Nansemond counties, against his pardon... Escapes from jail……... Reward for.... Report on, to governor…………. TOWLES, O., Commonwealth's Attorney for Rockingham County. To the governor of Virginia; petition for pardon of negro slave, Jack, convicted of burglary and sentenced to be hung; illegal testimony allowed.. TRANSPORTATION OF BOOKS AND PAPERS. To New York from Richmond requiring twenty or twenty-five days…………….. TREATY OF PEACE. Report of cash on hand.. Report of specie in the treasury; sales of tobacco, &c………………….. Between United States and indians...... TRIGG, COL. DANIEL. To the governor. ... TUBEUF, FRANCIS PIERRE. A 1004 ..... .... To the governor; his bond, &c......... •.• ·· UNITED STATES. Additional regiment……….. …….. ? ……………… TYLER, JOHN, PETERFIELD TRENT AND OTHERS. To Governor Beverley Randolph; petition for pardon of Charles Burkes, sentenced to death for horse-stealing; remonstrance from others against it...... D | .... 401 TYLER, JNO. To the governor, recommending Isaac Van Meter, condemned to death for horse- stealing, to mercy. ** 4 27 212 212 565-7 …………'94 568 586. 595 608 632-4 189 24 19 366 107 199 U 1 UNDERWOOD, THOMAS. To Governor Beverley Randolph; warrants in favor of Geo. Rogers Clark, &c........ 80-1 To the gentlemen in council, regarding his claim………….. 90 463 ...212-13 432-3 533-4 271 INDEX. 705 UNITED STATES DEBTS. An act to provide for payment of duty on lead and calicoes, &c..... UNITED STATES TO VIRGINIA. Credits accruing under the service of Major Claiborne important to be obtained..... UPSHAW, THOS. To the governor; is a candidate for the appointment as manager at Point of Fork.. Ꮩ VANCE, SAM'L, County Lieutenant of Bath. UPSHAW, JOHN. To Governor Beverley Randolph; taxes due, deputies have not paid up, &c.......... 294-5 To Governor Henry Lee; defence against hostile indians... To the governor, relating to affairs in Bath county and adjoining counties......... VAN METER, ISAAC. Condemned to death for horse-stealing; petition for his pardon……….. VERCKER, WM. J. • To the governor. To the governor; books, &c., of Richard Claiborne examined; claims against United States..... VIRGINIA. .... To the governor; state's claim against the union... To the governor; Sam'l Tinsley and Turner Richardson engaged to assist them in the present business Solicited to borrow money in Paris...... VIRGINIA'S CLAIMS. Against the United States VIRGINIA CLAIMANTS OF LANDS. In Pennsylvania.. VIRGINIA LAND CLAIMS. On Pennsylvania....... VIRGINIA LINE. Arrears to be paid………………….. VODEN, HEROD. ………… • ... ANASA Convicted of forgery; petition for pardon....... 4. ** .... ... ..... VOSS, EDWARD. To the governor; petition for remission of a fine by King & Queen county court for contempt of court...... VOUCHERS. From many counties not obtainable on account of death of commissioners and loss of papers.. For settlement between the United States and Virginia; difficult and sometimes impossible to obtain.... W WAGGONER, A., AND MOSES HUNTER. To the governor and council; petition for the pardon of John Crane, Jr., signed by numerous citizens...... 266-7 6 ***** 500 443-4 556 ..156, 170 533-4 ....209-10 132 149 276 288 280-1 207 210 379 204 94 121 597-9 89 706 INDEX. WAGONER, P., Clerk Fairfax county court. To the governor and council; Charles Jones resigned as inspector of tobacco at Alexandria Tobacco Warehouse; Richard Sandford not able to give bond, court recommend Henry and Wm. Darue, George Thrift and Thos. Darue, Jr., as in- spectors for Falls Warehouse; Geo. Minor, Thos. Grafford, Jr., Win. Halley and Jacob Cox, at Alexandria Warehouse.... WALKER AND HENDERSON'S LINE. WALKER, BEN., Clerk James City county court. To Beverly Randolph, Esq.; Informs him that by the death of Col. Dudley Diggs, the county is left without a sheriff........ Indication of resistance to law of Virginia...... WALKER AND SMITH'S LINE. Between Carolina and Virginia...... WARD, DAVID. ... WALLER, JOHN, AND HORATIO HALL* To the governor of Virginia, relating to the requisition by the governor of Penn- sylvania for certain alleged fugitives from justice........ To the governor, relating to M. De Tibeuf's bond…………………….. D ... WALTON, WM. To the governor and council; fined for not attending as a witness at court; asks remission of the fine......... ……… ..... .. WARRANTS. List of; issued by auditor from July 26th, 1791, to Dec. 31st, 1791, inclusive..... Issued from auditor's office, except interest on certificates, from 2nd Jan'y, to 15th Feb'y, 1792... List of; (except interest), issued by the auditor, from the 16th Feb'y, to 20th March, inclusive.. .... WASHINGTON, GEORGE AUGUSTINE, and others. Recommended as magistrates for Fairfax county; list of present justices......... ..... WASHINGTON COUNTY COURT. Why Alexander Montgomery was recommended for sheriff instead of John Latham WASHINGTON, GEORGE, President of the United States. To Gov. Beverly Randolph; transmits to the governor, the Act of Congress, "regu- lating the collection of the duties imposed by law on the tonnage of ships, and on goods, wares and merchandise imported into the United States" To Gov. Beverly Randolph; transmitting certain Acts of Congress...... To Gov. Beverly Randolph, relating to resolution of Congress, providing for a cer- tain survey, and also to negotiation and treaties with Indian tribes.... To Beverly Randolph, governor of Virginia; transmitting duplicate of Acts of Congress... To Gov. Randolph; enclosing a letter for Mr. Jefferson ..... To the governor of Virginia; materials for light house at Cape Henry, &c...... Proclamation of Treaty of Peace with Creek Indians... In Rhode Island...... To set for his picture in Philadelphia, July 3d, 1792, at the request of the governor of Virginia....... - 421 444-7 ..514-15 List of; issued by the auditor, from 21st March, to 30th April, except for interest...516-19 List of, (except interest on certificates); issued by the auditor, from May 1st to June 30, 1792.... ..611-16 WATKINS, F. To Gov. Beverly Randolph, enclosing copy of record in case of John Abbott, sen- tenced to be hanged for horse stealing; recommendation for mercy. ... 224-5 WATSON, SOLOMON, AND JAMES RIDLEY. Sentenced to death for horse stealing; certificate from Winchester to that effect..... 163 479-80 134-7 402-3 494 435 166 12 19-20 25 35-6 103 105 199 200 619 172 367-8 144 INDEX. 707 WEBB, TAPLEY. Receipt of, for cartridge boxes, &c...... WELLS, JOHN S. To Gov. Randolph; inability to procure a proper person to collect delinquent taxes WESTERN TERRITORY. WESTFALL, JACOB, County Lieutenant of Randolph county. Statements of militia returns... In response to Gen'l Wood's circular. WESTHAM FOUNDRY. Accounts and statements.. WHITE, ALEXANDER. WHITE, CAPT. THOMAS. To the governor of Virginia; chart of river Potomack.... To the governor of Virginia, containing letter from Capt. McMachan, relating to Indian depreciation, &c.... · Pétition from his company of militia in Hanover county. WHITING, JUDITH, AND OTHERS. Certify as to John Crane, Jr............ WILKINS, NATHANIEL, of Gloucester County. Certificate of court that he is unable to support himself, having lost a hand in the war..... WILLIAMS, PETER. WILKINSON, NATHANIEL, Justice of the Peace for Henrico. Certificate that Walter Crockett, lieutenant of Montgomery county, had not received any money from militia fines... To the governor; request arms for Capt. Quarrier's company. Receipt for arms for Capt. Jno. Wilson's company, &c... ... WHITE, ELISHA. To governor Beverly Randolph, asking to be made sheriff of Hanover county......214-15 WHITE, MARY. To the governor of Virginia; requests remission of muster fine against her son Robert....... WILL. A negro man-slave, the property of Jacob Fòrtney, of the town of Alexandria, sentenced to be hung; petition for his pardon…………… } WILLIAMS, BARTLETT, Attorney for New Kent County. To the governor and council; petition for pardon of a slave named Phil.......………………….. WILLIAMS, FELIX. Paid for traveling as express from Greenbrier to Richmond..... .... ❤ .... To the governor; collecting vouchers, &c....... To the governor; collecting vouchers; considerable money in sheriff's hands.. To the governor; appointed clerk of Prince George county court... To the governor of Virginia; court recommend Francis Ruffin, Edmond Harrison, and Wm. Ball for magistrates....... SE WILLIAMS, WM. To the governor of Virginia, relating to the president's picture; the president will not sit for his picture on the application of any individual; Mr. Trumble has just taken his likeness for the city of Charleston... WILLIAMSBURG LUNATIC HOSPITAL. Directors apply to governor for a warrant on the treasury Application to the executive for a warrant for £200..... 562 325 193-4 575-6 575-6 176 118 483 189 40 491 164 45 600 644 617 101 570 101 121 149-50 190 619 469–70 562 ļ 708 INDEX. WILLINK, W. AND S. To the governor of Virginia; Mr. Short, charge de affairs in Paris from United States in regard to wishing to get Virginia to borrow money through them...... 280-1 WILLS, JOHN S. To the governor; collecting taxes for 1788-9.......... WILSON, BENJAMIN, Clerk of Harrison County. Relating to mischief done by indians in Harrison county, Virginia………….. To the governor; certifies that Jno. Powers refused to qualify as sheriff of said county, because of inability to procure security To the governor, giving an account of the mischief done in the county of Harrison by the indians... To the governor; trial of Capt. McCalley for being drunk, &c...... To Col. John P. Duval.... To George Washington, president of the United States; general council of the militia officers of Harrison county ... WILSON, W. 1 T 454-5 To the governor; statement of expenses for defence of Harrison county for 1791... 537-8 To Henry Lee.. 550 575 To Hon. James Wood, strength of the militia, &c., under his command. To the governor; condition of Harrison county, &c... 640 WILSON, JOHN. To the governor; asks that collection of revenue tax be postponed until people can realize from the present crop of tobacco now growing; governor's endorsement to Gen. Wood...... Order of Culpeper court concerning his orphans, John and Francis........ To the governor; apprehends an insurrection of the slaves.... To the governor; the arms sent him in infamous order, &c........... Bond as clerk of Norfolk county court..... To the governor; relating to the apprehended insurrection in Northampton county WINN, JOS., Collector of taxes, Lunenburg county. Ásks to be relieved of damages assessed against him for not collecting the taxes in due time..... WISCART, ADRIEN, AND PIERRE ROBERT DE NEUVILLE. Take oath of allegiance to United States and admitted to citizenship; certificate from Wm. Pollard, clerk.... WISHART, THOMAS. To the governor, relating to the escape of Wm. Towe from jail……………………….. WOOD, B., Clerk Solicitor's office. Statement of Jno. Buck, sheriff of Shenandoah; account of taxes for 1787.... ADOR ... WOOD, J. To the Board of officers who are to consider the charges of neglect of duty in the scouts and rangers…..…. GO ·· ******* •• …………. .. 289 *** 3.1 74 · 6. * 32 102-3 882 173 520 WOOD, JAMES, Lieutenant Governor. Reports on the material for light house at Cape Henry, and suggests its sale to the government of the United States...... .. .... Proclamation for arrest of Benjamin Woodward for forging State certificates...... To the governor, relating to the sentence of Wm. Johnson, condemned to death for horse stealing, and enclosing several letters to the governor, opened by Mr. Wood..... To Capt. Wm. McMechan.... Circular letter to the county lieutenants and field officers of Monongalia, Harrison and Randolph counties, requesting information of their strength, number of arms, &c........ To John Evans and John Davis, relating to the charge against Col. Jno. Evans.... Account of expenses for traveling... And Robert Goode, to the executive; printing laws of the last Assembly.... Robt. Goode, J. Dawson, committee appointed to examine State offices; report of 330-1 576 ……………. 581 …………………….dai 605 264 542 609 631-2 551 154 153 588 175 581 98-9 178 547-9 570 INDEX. 709 WOOD, L., Public Solicitor to the Executive. To the governor; report on Banks & Co.'s claim...... To the governor, reporting on Banks & Co.'s claim....... To the governor; notice to delinquent sheriffs; debtors for duties.... To the governor; Robert Teare complains that L. Wood refused to receive payment for his bonds... To the governor; wishes to be instructed whether to prosecute or dismiss motions against the county lieutenants.. To the governor... To the governor, regarding sale of state's boats "Liberty" and "Patriot”. To the Hon. James Wood, James McClurg, and Carter Braxton, Esqs.; books, &c., kept in solicitor's office.. 140 To the governor; bond of Myers and Douglas for purchase of boats. To the governor, relating to clerks speculating in public papers, &c... To the governor; delinquent sheriffs, &c..... To the governor; removal of sheriff's property, &c...... To the governor; asks for an order for expenses of his office... To the governor; states that his health is impaired, and a recess from business necessary; Mr. Sam. Shepard to officiate during his recess.... CONSU To the governor; not well yet; council's advice in regard to certain arrangements in the public offices... To the governor; suit in Frederick county in favor of the state... To the governor; executions for duties in Norfolk... To the governor; will return to duty as soon as he can; hopes to resume his duties shortly... WOODWARD, BENJAMIN. Proclamation for arrest... To the governor; cause of solicitors; absence, &c... To the governor; paper money books; Major Quarles' account; vouchers.... To the governor; John Brockenbrough's claim as security for Richard Lewman.. To the governor; will be absent a week longer..... To the governor; compelled to resign on account of ill health. To the governor; requests to resign as solicitor....... WOODS, ARCHIBALD. To Gen. James Wood...... WOODROW, AND., Clerk of court for Hampshire county. Certificate of order of court that the court-house is unfit for holding court therein.. ··· .. ... Reward for his arrest for forging state certificates.. Arrested for counterfeiting the public papers of the state; affidavit of Robert Dixon, Wm. Nicholson, and George Poythress, as to his identity……………. ... ………… Y Bond of, for furnishing militia in Ohio county with provisions, &c... To Lieutenant-Governor James Wood, relating to rations for the militia. …………… ·· YORK COUNTY COURT. Resolution of, relating to the commissioning of justices of the peace……….. ………. WOODSON, JOHN. To the governor; his boy "Bob," discovered in a felony committed in Manchester; asks for his pardon..... To the governor; Matt. Cox fined for not attending November muster, 1787...……………….. WOODSON, MILLER. To the governor and members of the council; memorial praying relief from unjust fine for not attending muster in 1788..... ... WOODSON, T., Deputy Clerk Cumberland County Court. Giving notice that Martin Pearce had been fined, and trebly taxed for not rendering an account of his riding chair...... 3 20-1 36 YOUNG, FRANCIS. To the governor; no one willing to accept the sheriffalty with obligations to collect the taxes for 1788......... 55 56 89 95 244 267 269-70 274-5 298 313 340 5853 100 108 109 116 120 124 129 193 215 231 379 198 178 366-7 279-80 143 423-4 570-1 596-7 224 32 583 2 UNIVERSITY OF MICHIGAN 3 9015 02705 7341 K Love