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Tod, speaker. 20. So it was determined in the negative, and
On the question, Will Senate agree to said section ? The yeas and nays were required by Mr. Morgan and Mr. Biddle, and are as follow, to wit.
On motion of Mr. Lowrie and Mr. Power,
The resolution read yesterday relative to the judiciary sy'ntem, was again read, considered and adopted, and
Ordered, That Mr. Lowrie, Mr. Smith, Mr. Shoemaker, Mr. Beale and Mr. Rogers be a committee for the purpose expressed in said resolution.
Agreeably to order,
The Senate resolved itself into a committee of the whole, Mr. Erwin in the chair, on the bill, entitled • An act for the relief of Dickinson college.'
And after some time, The committee rose, reported progress, and asked leave to sit again; leave was granted, and
Ordered, That the committee of the whole sit again on Wednesday next.
The clerk of the House of Representatives being introduced, presented for concurrence, the bill, entitled
• A further supplement to an act, to appoint commissioners to regulate the streets, lanes and alleys in the district of Southwark, and to lay out new streets, lanes and alleys therein for the accommodation of the inhabitants, and to lay out the roads therein mentioned through the said district, and parts of the township of Moyamensing and Passyunk. As also a
• Resolution relative to the capture of two British ships of war by captain Charles Stewart of the United States frigate Constitution.'
Said bill and resolution were read the first time.
TUESDAY, February 20, 1816.
Mr. Smith presented a petition from Robert E. Griffith and others, praying that the secretary of the land office may be directed to issue patents for certain lands to James Gibson of the city of Philadelphia, in trust for the parties interested therein; and
Said petition was read and referred to Mr. Smith, Mr. Beale and Mr. Welles, with leave to report by bill or otherwise.
Mr. Ross from the committee to whom was referred on the 13th January, the petition of sundry inhabitants of Luzerne county, on Feave given, reported a bill, entitled
6 An act to authorize the Governor to incorporate a company for improving the navigation of the Lackawanna creek,' which was read the first time.
Mr. Smith from the committee to whom was referred on the
16th inst. a petition from sundry inhabitants of Lancaster county, on leave given, reported a bill, entitled
A supplement to an act, entitled, an act to establish an explicit fee bill, which was read the first time.
Mr. Graham from the committee to whom was re-committed on the 16th inst. the bill, entitled
• An act in aid of certain volunteers and militia of this state, reported said bill with amendments; and
The same was read the first time.
• An act making an appropriation for the erection of piers in the river Delaware, at the borough of Chester in Delaware county,' was read the third time, and
On the question, Shall this bill pass ?
The yeas and nays were required by Mr. Morgan and Mr. Shearer, and are as follow, to wit.
Tod, speaker. 11. Maghee, So it was determined in the affirmative. Ordered, That the clerk return said bill to the House of Representatives with information that Senate have passed the same with amendments, in which the concurrence of that house is requested.
For said amendments see journal of yesterday.
The clerk of the House of Representatives being introduced, returned the bill, entitled
• A supplement to the act, entitled, an act to authorize the Governor to incorporate a company to erect a toll bridge over Big Beaver creek at or near Wolf lane in the county of Beaver.'
And informed, That the House of Representatives have passed said bill with amendments, in which the concurrence of Senate is requested.
He further informed, That the House of Representatives have concurred in all the amendments by Senate, to the bill, entitled
6 An act to authorize the Governor to incorporate a company to erect a bridge over the river Schuylkill, at or near Lewis's ferry in the county of Berks, except the following, viz.
Sect. 1. line 38, strike out John Weily of Maiden creek;' and insert John Strohecker of the borough of Reading,' in which amendment they have non-concurred.
Whereupon, on motion, Ordered, That Senate insist on their amendment to sajd bill.
Ordered, That the clerk inform the House of Representatives accordingly.
The amendments by the House of Representatives, to the bill, entitled
.A supplement to the act, entitled, an act to authorize the Governor to incorporate a company to erect a toll bridge over Big Beaver creek, at or near Wolfiane in the county of Beaver,' were read as follow, viz.
Sect. 2. strike from lines 3 and 4, these words - one quarter of an acre' and insert in lieu thereof the following two perches in length on each side of said bridge.' Line 5, make twenty read • two.'
On motion, Said amendments were again read, considered and concurred in.
Ordered, That the clerk inform the House of Representatives accordingly.
The Secretary of the Commonwealth being introduced, presented a message from the Governor, with the document therein referred to, which was read as follows, to wit. To the Senate and House of Representatives of the Common
wealth of Pennsylvania. I have this day approved and signed the following acts of the General Assembly, and directed the Secretary of the Commonwealth to return them to the houses in which they respectively originated, viz.
1. A further supplement to the act, entitled, an act to enable the governor to incorporate a company for making a turnpike road from Middletown to Harrisburg.
2. A supplement to an act, entitled, an act for the erection of a poor house for the better relief and employment of the poor in the townships of Oxford and Lower Dublin in the county of Philadelphia.
3. An act authorizing the administrators of Israel Bringhurst to convey a certain tract of land.
4. 1 supplement to the act, entitled, an act appropriating certain militia fines to the improvement of public roads.
5. An act to enable the Governor to incorporate a company for maķing an artificial road from Jersey Shore in the county of Lycoming, to Coudersport in the county of Potter.
6. An act to extend the act, entitled, an act to prevent the disturbance of religious societies within the city of Philadelphia dųring the time of divine service.
7. An act directing certain payments to be made to the first troop of city cavalry.
8. An act to provide for the continuance of courts of quarter sessions.
I lay also before you a copy of a letter to me, from Nathaniel W. Sample, Jun. Esq. inspector of the 2d brigade, 4th division, P. M. The notoriety of the subject matter therein contained, precludes the necessity of any remarks other than that its im portance may command the early attention of the General Assembly.
SIMON SNYDER. Harrisburg, February 20, 1816.
Strasburg, February 14, 1816, His excellency SIMON SNYDER.
SIR—I think it my duty to communicate to your excellency, what has taken place relative to the fines assessed by the court martial on the delinquents belonging to the 2d brigade, 4th division, P. M. After the decision of the court had been approved by your excellency, the presiding officers in conformity to the act of congress,
made out two certified lists of fines, the one directed to the marshal of the district, the other to the comptroller of the treasury. The deputy marshal for the county of Lancaster proceeded to collect the fines, in doing which, he was under the necessity of levying by distress, the amount assessed by the court on ten of the delinquents. Those delinquents have brought an action of trespass against the members of the court martial, the judge advocate, the deputy marshal and the brigade inspector; which suits are now pending in the court of common pleas for the county of Lancaster. Since the bringing of the suits, the deputy marshal has suspended his proceedings in consequence of orders from the marshal, by which means the fines remain uncollected.
Your excellency will perceive the importance of having the question immediately tried, as also the unpleasant situation in which the members of the court are placed-compelled as they are to defend suits for acts done in discharge of a public duty. Under the impression that your excellency is disposed to protect officers is the discharge of their duty, I have thought it correct as brigade inspector of the 2d brigade, 4th division,
P. M. to make this communication.
Most respectfully, I am,
NATHL. W. SAMPLE, Jun.