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tiOMMUNICATION. 
 
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TO THE 
 
 The approaching election, on the 2d Tuesday 
 of October next, is one of more than ordinary im^ 
 portance to the welfare and prosperity of the state. 
 During the last session of the Legislature, polith 
 cal doctrines have been broached, hostile to the 
 very existence of a Republican form of Govern- 
 ment — and in the election for chief magistrate is 
 involved the important question, how tar tliese 
 doctrines are agreeable to the people of the state 
 of Pennsylvania. In addressing myself to the 
 respectable Society of Friends, inhabiting this 
 state, I am induced by the consideration, that you 
 have a more than usually deep interest at stake, 
 in this question. On common occasions >\hen 
 mere party distinctions are involved, it migfit 
 not be deemed respectful to appeal to you with a 
 view to solicit your suffrages in favour of a parti- 
 cular candidate. I know your aversion to mingle 
 in the scenes of political strife, and party warfare, 
 and honor your motives. But, there are occasions 
 when the public welfare requires the exertion of 
 every citizen to preserve it, and when duty de- 
 mands a sacrifice of individual feelings and incli- 
 nations for the promotion of the common good. 
 
 We all live under a most excellent Constitution 
 
 instituted for the peace, safety and happiness 
 
 of the people, and possessing every safeguard, 
 that wisdom and patriotism could devise to secuy/^ 
 them in the enjoyment of their civil and religlo^^ 
 A Constitution tlius wisely ordercfl^ 
 
1 
 
 4 
 
 hy those who live under its sheltering wings, nor 
 too vigilantly guarded by those who enjoy its pro- 
 tection. It is a common inheritance, which we 
 all have an equal interest in preserving from 
 delapidation. Such, however, is untbrtiinately the 
 perverseness of human nature, that blessings in 
 proportion to their excellence are the subjects of 
 abuse — and our Constitution, wdse and excellent 
 as it is, has been virtually assailed in its most vi- 
 tal parts. The rights of coitscience have been tvmu 
 ionly invaded — -charters violated — and the military 
 set above ike civil power, I do not mean to be 
 understood that these things have been actua 
 consummated. Ko— thanks to the firmness arid 
 independence of our present chief magistrate, 
 who interposed his anthority to prevent these law- 
 less outrages on the liberties of the people. But, 
 these outrages w ere all attempted to he perpetra- 
 ted by the Legislature — and their failure fur 
 xiishes convincing evidence of the value and im- 
 portance of the office of chief magistrate, in pro^ 
 lecting the rights and interests of the people. ^ 
 
 The advocates of Legislative power over the 
 Constitution, defeated in all their attempts to ex- 
 ei’cise arbitrary and despotic power, by an inde- 
 pendent executive — find it necessary, in order to 
 accomplish their views, to have a Governor of 
 tlieir own selection. Accordingly, they have pur 
 in nomination John A. Shulze, a member of their 
 ow n body — a man whom they kno^v will be sub- 
 servient to their designs — and who has already 
 Xvirnished evidences of his hostility to our repub- 
 ifistitntions. and eontemnt for the constitutionr 
 
I) 
 
 of conscience, impairing charters and placing the 
 military over the civil power. I think it is of im- 
 portance, that you sliouhl be made accjuaintcd 
 with the part tliat John Andrew Sludzc, the Legis- 
 lative eandidate, for the office of Governor, has- 
 acted in x*elatioii to tlie measures Vvhieh have a 
 more immediate bearing on your rights and liber- 
 ties — measures Vyliich will again inevitably be 
 brought forward, should he be the successful can- 
 didate — measures, which, if carried into cfficct, 
 must place you in a painful and delicate situa- 
 tion — if not exile many of you from the state ibmid- 
 ed by the illustrious Penn, and first settled by 
 Friends. Under the impression, therefore, that 
 you may not have l>cen fully informed of the ex- 
 tent of the military spirit and temper display 
 ed by the ma-jority of the Legislature, at the last 
 session, 1 have presumed to call your serious at 
 tention to the subject. 
 
 One of the greatest political evils under vrhich 
 the state has laboured since the late war, is lier 
 militia system. Without accomplishing any good 
 pui'posQ whatever, it has always been deplorably 
 feiirdensome ou the great mass of the peojdc — ami 
 peculiai'ly barrassing and oppressive to those who 
 arc conscientiously scrapiiious of bearing arms. 
 It appears, however, to liave been a fiivourile sys- 
 tem with the Legislature for some time past — 
 In their endeavours to render it, wliat in the mili- 
 tary language is termed e£icient^ the boldest ex- 
 periments have been made on the liberties of the/ 
 people. The Senate is quite a military bodj— / 
 two thirds of its members being Miijor Genera’^ 
 Brigadier Generals, Colonels and Majors — anr^^^ 
 the military committee of the Si^euaite the puh^^'^ 
 
indebted lor two very voluminoas militia law s— 
 the first of wliich was passed in 1821 — and the 
 last in 1822 . — The militia law of 1821 contained 
 upwards of eighty sections — introduced novel 
 changes in the old system and greatly increased 
 the expenses of maintaining it : it had, how ever, 
 redeeming el^kcellencies, in the estimation of milh 
 tary men, in its numerous compulsory provisions, 
 its severe exactions and heavy penalties. After 
 a trial of six months, it was found not sufficiently 
 ej^eient — and a new system was got up with 
 increased expenses and more rigid exactions. 
 On a short trial of a few months, it was discovered 
 that even this system with all its severe requish 
 tions, wovdd not answer the purpose of military 
 chieftians, unless the strong arm of the civil pow- 
 er could be tied and its provisions executed with- 
 out a responsibility to ‘vthe due course of law.’’ 
 A bill w as therefore, introduced by the military 
 committee, entitled. 
 
 AN ACT to further restrain Mtlermen and Jus- 
 tices of the Peace from taking cognizance of 
 suits against Militia officers, 
 
 ‘‘ BE it enacted by the Senate and House 
 of Bepresentatives of the Commonwealth of 
 Penftsylvania in General Assembly met, and 
 it is hereby enacted by the authority of the 
 same, that if after the passage of this act any 
 alderman or justice of the peace in this common- 
 vealth shall issue process or in any manner what- 
 er commence or take cognizance of any suit 
 ction against a militia officer, constable, col- 
 r or other person concerned in the execution 
 militia laws of the commonwealth for any 
 
'7 
 
 thing done by them or any or either of them 
 nndcr or in pursuance of said militia laws, every 
 alderman or justice of the peace so oftleuding, 
 .diall be guilty of a misdemeanor in office, and 
 all his acts and proceeding are liereby doclarcd 
 to be absolutely null and void,” 
 
 In this fii*st attempt to render the military supc- 
 ^i ior to the civil power, one Avould naturally look to 
 some great state necessity imperiously demanding 
 it — rebellion at home — or invasion from abroad. 
 Strange to say — it was made in a state of pro- 
 found peace and when the country was exempt 
 from the remotest prospect of w ar. It was made 
 too, to support a system which experience has 
 demonstrated to be oppressive to the people and 
 utterly inadequate to accomplish the end for 
 which it is designed. However congenial it may 
 be to the feelings of a military man to see the 
 military placed above tlm civil power, the private 
 citizen who appreciates the constitution and the 
 rights and liberties of the people cannot approve 
 it — nay must ablior it. And yet John Andrew 
 Shulze, a private citizen and an ordained minister 
 of the Prince of Peace, recorded his name in 
 favor of this military edict, so irreconcilable to the 
 genius of a free government, and w ithout even 
 the slightest circumstance of extenuation. Jour« 
 nal of the Senate page 445. 
 
 The bill No. 182, entitled an act to furtlier 
 restrain aldermen and justices of the peii^ce, from 
 .taking ccgnizance of suits against military offi 
 cers,” w as read a third time ; and pu the questl<^ 
 jhall the bill pass r 
 
rhe yeas and nays were required by Mr. Run- 
 can and Mr. Powers, and are as follows, to’ wit : 
 
 Feas — Allsliouse, Barnard, Brewster. Conyng' 
 Jiam, Fry, Groves^ Hewington, Hill, MairOi, Mark, 
 ley, M^Meens, Orr, Power, SHULZE, E. Smith, 
 Clair, Marks, speaker — 17. 
 
 J^ays — Cadwallader, Coleman, Dewart, Dun- 
 ean, Fegcr, Henderson, Killey, Robertson, W. R. 
 Smith, Wiirts~10. 
 
 Having thus exempted military officers, consta- 
 bles, collectors and other persons concerned in 
 file execution of the militia law from amenity 
 to the jurisdiction of aldennen and justices of the 
 peace : it was found necessary to proceed a step 
 iurther. Courts of Justice were still open for 
 redress — and the executioners of the militia law 
 might be there brought to punishment for their 
 illegal conduct. It was, tber«'fore, provided by 
 the 15th section of the bill entitled, “a supple- 
 ment to the act entitled, “ An act for the regula- 
 tion of the militia of this commonwealth.” Jour- 
 
 nal of Senate, page 510— that when ever a suit 
 is brought against any military officer, constable, 
 er collecter, or other person concerned in the exe- 
 cution of the militia law, in any act or acts, done 
 by virtue, or in pursuance of said laivs,tbe Brigade 
 Inspector is authorised to employ counsel, if ne- 
 cessary, to attend to, and defend the said suit or 
 action, on behalf of the Commonwealth ; and the 
 reasonable expenses incurred by the Brigade In- 
 spector, in performing &aid duty^ shall be paid in 
 be manner directed in other eases, by the act to 
 ^ichthis is a supplement, the same being first al- 
 ed and approved of by the Brigadier General 
 n a suit is, therefore, brought against a 
 
luiliiary ofllccr, or collector, for alledgcd illegal 
 lioiiduct in die execution of tlie military law — the 
 Brigade Inspector and Brigadier General are con- 
 •itituted a inilitarv court, and in the exercise of 
 a mere arbitrary discretion decide wlietlier the 
 conduct of tfie officer is legal or illegal. If tliey 
 should be of opinion that his conduct was legal, it 
 becomes then the alfair of the commonwealth, and 
 all the expenses of the suit are to be paid out of 
 the public treasury. Military meji are most apt to 
 view actis in a different light from citizens ; and 
 conduct, which might be pronounced by a civil 
 <aourt and a jury of the country highly oppressive or 
 illegal, might be viewed by a military tribunal 
 perfectly innocent and perhaps pmiseworthy. In 
 nine eases out often, the decision of the brigade 
 inspector and brigadier general, Avould be in fa- 
 nout of the military officers and collectors, against 
 whom the suits were brought in the civil courh 
 and thus the public treasury w ould be burthened 
 with all the expences of those suits. By this sec 
 lion, the decision of the Brigade Inspector and 
 Brigadier General, exei'cisiiig a mere arhitrarij 
 discretion.^ is made paramount to tlve verdict of a 
 jury, governed by tlie Constitiitioii and civil htivii 
 of the Commomvcalth Call }ort not this render- 
 ing the military supes ior to the civil power? It is 
 in fact, worse — it operates as a!i encouragement: 
 to military officers, constables and collectors, to 
 commit acts of viohmee and oppi'cssion, in the 
 execution of the militia law, by removing fror 
 them that v/liolesome restraint, wliich operates ^ 
 all who execute tlic civil law s of the Coinm^^^* 
 wealtli, at their peril, and w ithout a public. 
 
 •ury to answer for their misdeeds. 
 
10 
 
 ^^The military sliall, in all cases, and at ali 
 times, be in strict subordination to the civil 
 power.” — Constitution. 
 
 “ Every man, for an injury done him in his 
 lands, goods, person, or reput ition. shall have re- 
 medy by due course of law.” — Ibid, 
 
 Not satisfied with the sweeping exemption of 
 military officers, constables, collectors, and other 
 persons concerned in the execution of the militia 
 law from responsibility, to the jurisdiction of Al- 
 dermen and Justices of the Peace, it is fartherr 
 provided in the 16 th sec. of the same bill — 
 
 ^•Section 16. be it further enacted^ by the 
 authority aforesaid. That no alderman or justice 
 of the peace, within the commotiw ealth, shall issue 
 process, or, in any manner wliatever, commence 
 or take cognizance of any civil suit or action 
 against any volantecr or militia officer, or any 
 non-commissioned ojfcer or private, acting under 
 their authority, foi* any thing done by any or 
 cither of them, in pursuance and by virtue of the 
 fifty-seventh, fifty-eighth, and the second article 
 of the fifty-sixth sections of the act to which this 
 is a supplement.” 
 
 But even these palpable violations of the Con- 
 . stitution w ere not sufficient to satiate the military 
 \ appetite of the Senate. By the militia law, now 
 \n force, a constable or collector to whom any 
 is delivered for the collection of fines, 
 niyst make a demarul thereof ten days previous to 
 th^evy or collection of the same. By the sixth 
 ^ect^n ef this bill it is provided—- 
 
 \ 
 
il 
 
 '•Section 6. ^Inil be it furthev enacted^ by the 
 authority aforesaid^ I'liat so much of the act to 
 ^vliicli this is a supplement, as requires the con- 
 stable or collector, to whom any warrant is de- 
 livered, for the collection of fines, to make a de- 
 mand thereof ten days previous to the levy and 
 collection of the same, be and the same is hereby 
 repealed, and in all suits brought against a con- 
 stable or collector, in consequence of any militia 
 fines, be shall be admitted as aVitness to prove 
 that demand was made thereof ten days previous 
 to the said levy and collection.” 
 
 The only argument made use of by the advo- 
 cates of this section in the Senate, was, that it 
 had been found extremely inconvenient and trou- 
 blesome to constables and collectors to give this 
 notice. And thus to indulge constables and col- 
 lectors of militia fines, the peaceable citizen, whe- 
 ther subject or not to perform militia duty, was 
 to be exposed to their insolence or exactions, 
 without even notice that he had been fined ; and, 
 without any previous demand, his property was to 
 be subject to seizure, and his person to imprison- 
 ment, by constables, collectors, and other pei*sons 
 concerned in the execution, the militia law against 
 whom it 7vas made a misdemeanour in an alder- 
 maJi or justice of the peace to take cognizance of 
 their misdeeds. 
 
 The seventh section of tins obnoxious bill re- 
 quires no comment : those who run may read.-^ 
 
 '^•Section 7. dnd be it further enacted, by the 
 authority aforesaid, That in all warrants hereafter 
 issued for the collection of finc^, agreeably to the 
 
twenty-sixth, tw^eiity eighth and thiity-eiglitli set 
 tions 'of the act, to ^which this is a supplement;, 
 immediately after the words, ‘ returning the over- 
 plus, if any, to the owner,’ the foIloAving words 
 is hereby authorized to he added, to wit : ‘ AND 
 FOR WANT OF SUFFKTBNT GOODS AND 
 CHATTLES, TO PAY THE SAMr, YOU 
 ARE HEREBY REOUIRED TO CONVEY 
 THE DELINQUENT TO THE JAIL OF 
 THE PROPER COUNTY, AND DELIVER 
 HIM TO THE CUSTODY OF THE SHERIFF 
 OR JAILOR THEREOF, TO BE HEID AND 
 DETAINED BY HIM UNTIL HE PAYS 
 THE SAID FINE OR FINES, OR IS DIS^ 
 CHARGED AGREEABLY TO THE INSOL 
 VENT LAWS OF THIS COMMONWEALTH,’ 
 and which warrants shall then conclude in the 
 form prescribed by the said sections.” 
 
 Will all these flagrant attempts to render the 
 Military superior to the Civil Power, be patiently 
 submitted to, under a government, in which ‘‘ the 
 general, great and essential principles of liberty 
 are recognised.” by a Constitution which pro- 
 claims every man’s inherent rights of enjoying 
 and defending life and liberty — of acquiring, pos- 
 sessing and protecting property and reputation, 
 and of pursuing happiness in his own Avay !!! If 
 such attempts are countenanced by a majority of 
 the people, the character of the Government is 
 rapidly changing from that of a free Republic to 
 a military despotism. 
 
 But the triumph of the military over the civil 
 power, was not yet camplete. Military officers, 
 constables and eoUectors, in the execution of the 
 
IZ 
 
 militia law, innst he clotlicd Avitli the armour of 
 infallibiliiy. No matter wliat errors may liave 
 been committed by them in the assessment of 
 militia lines, or in the collection of them, or hi any ^ 
 thing appertaining to the execution of the militia 
 law. — See 
 
 ‘•Section 17 . be it further enacted by the 
 authority aforesaid, That no want of formality in 
 any return of enrollment, or of absentees, or in 
 the records dl* returns of any court of appeal or 
 court martial, or in any other matter or thing re- 
 quired to be done or performed by officers in the 
 execution of the militia laws of this Common- 
 wealth, shall inyalidatc the same, or prevent the 
 same being received in evidence, in any court of 
 record, or other judicial tribunal, witliin this 
 C om monw e alth.’ ’ 
 
 “ Can such things be, 
 
 “ And overcome us like a Summer’s cloud, 
 
 “ Without our special wonder ?” 
 
 To those who are not conscientiously scrupy 
 lous of bearing arms, the provisions of these bills 
 must appear arrayed in terrors. To be exposed to 
 the insults and exactions of military officers, con- 
 stables and collectors of military fines — and be 
 debared from pursuing a summary mode of re- 
 dress provided by due course of law- — to have the 
 public treasury of the state made use of as a fund 
 to encourage these officers to oppress and harrass 
 the peaceable citizen — to have one’s property sub- 
 ject to seizure and person to imprisonment, with- 
 out one moment’s notice — may suit the condition 
 of slaves luuler a military despotism — but can ae 
 
/ 
 
 -14 
 
 ver be adapted to tiic cliaractor of the titizens of a 
 free republic. Harrassing and oppressive as the 
 pi"o visions of these military bills may be to the ci^ 
 tizen who is not conscientiously ‘^erupulous of bear* 
 ing arms, still by peiforming the duty exacted of 
 him, he may escape many of the impositions which 
 might otlierwise be practised on him. He may 
 shoulder a corn stalk and play his part in the 
 farce of a militia muster : or, if he prefers it, 
 he may purchase his indiiigenee at the expense 
 of his purse — and thus add to the amount of 
 those militia fines which never reach the pub- 
 lie treasury — but are squandered by militia ofi 
 ficers, constables and collectors of militia fines. 
 
 But to Friends,” and tho^e who ai e conscien- 
 tiously scrupulous of bearing arms, whose since- 
 rity in this tenet of their religion has been esta- 
 blished by a uniform and consistent coxirse of 
 conduct, and who cannot make a compromise 
 with this dictate of conscience — who ought to 
 have been exempt from the op« ‘ration of the mi- 
 litia system, and who might fairly claim that ex- 
 emption, if not as a constitutional right, as a just 
 and equitable privilege — to you thei’e would be no 
 escape from the oppressions and impositions 
 which might have been inflicted on you by the 
 provisions of these odious military bills. 
 
 Under the militia law as it now stands, where 
 military officers, constables, and collectors of mi- 
 litia fines, are responsible to the due course of law , 
 your* property has been wantonly sacidficed, and. 
 your persons unjustly imprisoned. How much 
 greater wrongs and outrages would be perpetra-. 
 ted, if that responsibility was taken away, your 
 past experience will enable you best to estimate; 
 
15 
 
 That these bills did not bcconie the hiws of the 
 land, may be fairly attributed to the firmness and 
 independence displayed by our present chb f ma- 
 gistrate. lie had resisted every attempt which 
 had been previously made by the Legishiture, to 
 violate the Constitution and infringe on the rights 
 of the people. During the pendency of these 
 bills, in the house of Representatives, lie had re> 
 turned, Avith his objeclioiis, the bill violating the 
 reliauoiis charter of St. Mary\s Cluircli: and the 
 language of the message of tlie Governor to the 
 Senate, was so plain and positive, that it could not 
 fail to liave convinced the inaioritv of the mem- 
 bers of tlie House, that the same course w ould be 
 pursued in relation to the Militia Bills, containing, 
 as they did, so many palpable violations of the 
 Constitution. Cearful, therefore of tiie conse- 
 quences of anotlier defeat, ixnd to avoid the morv 
 tificatioii of anotlier triumph over them by tlie 
 Executive, the House of Representatives w ere de 
 terred from passing the bills. The man who has. 
 voted in favor of tiiem, has evinced either a la 
 mentable ignorance of the character of our Re 
 publican Institutions, and the provisions of our 
 exocllent Constitution, or a wanton disregard of 
 them. Mint ar If men^ fond of exercising the lit- 
 tle brief authority ol* odlce attached to the pro 
 fession of arms, and deligliting in deeds of iio« 
 ble daring,’' may be considered less blamable for 
 acting in unison w ith the militaiy spirit w hid i 
 governs them. But what paliation is there fox 
 the conduct of Joim Andrew Shuize ? lie had ne- 
 ver been a militia ofUcer: nay, he had never mus 
 tered as a private on days of training. For, be i: 
 hnov:n^ that Jelm A. Shulz*^ is an cr-iain.ed Mini- 
 
Ulster of the Gospel, and ouee assumed the sa- 
 cred functions of a Cleric. He has long since 
 abandoned the Ministry, and relinquished the per- 
 formance of the duties of that office, which he 
 had voluntarily assumed. He did not, however, 
 relinquish some of the temporal advantages which 
 belonged to it: and as by law a Minister of the 
 Gospel is exempt from the performance of mili- 
 litary duty, so, the Rev. John Andrew Shiilze 
 has taken advantage of the exemption. He had 
 not then the military feeling or pride of the IMi- 
 litia officer, to extenuate his conduct ; he was 
 exempted from the performance of militia ser- 
 vice, and would not, therefore, he subject to the 
 tyrannical provisions of the acts which were cal- 
 culated to weigh so heavily on his fellow-citizens. 
 Under these aggravated circumstances, he was 
 friendly to those military measures, which have 
 for their object the subversion of the civil rights 
 of the people. John Andrew Shulze stands pledg- 
 ed in favour of these Bills — In the event of his 
 election to the office of Chief Magistrate, the 
 temper of the next Legislature will be the same : 
 ihese Bills will necessarily be revived, and must 
 become laws. The snake is only scolded, not 
 killed : the success of the Legislative candidate 
 will impart to the monster new strength and 
 vigour, and there will then exist no antidote to 
 its encreased venom. 
 
 There is another measure which formed the 
 mhjeet of the deliberations of tlie last Legisla- 
 ture, indicative of a temper and disposition lios- 
 iile to the peace and w ell-being of the communi- 
 ty, — ^It is a measure well worthy the serious con- 
 sideration not only of those who may be suSerers 
 
17 
 
 from it, but of all p^ood citizens who have o proper 
 regard for just priiiciples, and a fair and equita- 
 ble administration of llie Governnveut. 
 
 I allude to the subject of the JMilitia Fines as- 
 sessed on the citizens of this State, for non per- 
 formance of militia duty during the late war. It is 
 well known, that Pennsylvania furnished more than 
 the quota of militia-men demanded of her during 
 the war, and that the quota was principally com- 
 posed of Volunteers. The U. States could not. there- 
 fore, have any just and equitable claims on the 
 citizens of Pennsylvania, for any delinquencies. 
 Claims, however, were made by the General Govern- 
 ment. and fines were assessed on the citizens to an 
 enormous amoirnt ; and a considerable portion of 
 these fines was collected. I am induced to be- 
 lieve, that the General Government was rather 
 passive in the assessment and collection of these 
 fines — and that the active agents were militia of- 
 ficers, who received extravagant wages for serv- 
 ing on courts martial, and United States’ marshals 
 and their deputies, who took good care to avail 
 themselves of the golden opportunity of plunder. 
 
 Certain it is, tliat on the first solicitation of the 
 State Government, Congress relinquished to it all 
 the fines that had been assessed and collected un- 
 der the authority of the General Government. 
 
 During the last session, the Legislature, for 
 the first time, had the power of relieving the ci- 
 tizens from the exactions of these oppressive and 
 unjust fines \^hich hud been assessed, as far as 
 the trial had been made, for tlie benefit of nmin- 
 bers of courts martial and United States’ officers. 
 It would have been most certainly, more conso- 
 nant to a just and benevolent course of policy in 
 
ilic Legislature, to have passed an act of oblivion 
 in relation to those fines. Such, however, was 
 not the temper and disposition of the last Legis- 
 lature. At an early period of the session, the 
 Committee of AYays and Cleans of the House of 
 Hepresentatives, took the subject into considera* 
 tion, and made a report to the House, in which it 
 was unanimously recommended to ea'act the utter- 
 most farthing of these Jines! Tins report is of so 
 vindictive a character, that I deem it proper to 
 present you with some extracts from it. 
 
 Journals of the House- — 106. 
 
 EXTRACTS FR03I THE REPORT. 
 
 In order to enable the Legislature to act un- 
 derstandingiy on this subject, tlic following state- 
 ment is respectfully submitted : 
 
 Of the whole amount of fines originally as- 
 sessed, amounting to S3 5 1,981 66 cts. there has 
 been collected 8119,257 99 cts. Of this sum 
 871,322 36 cts. appears to be wholly lost by the 
 insolvency of the late marshal, John Smith, and 
 his sureties : to this sum may be added 841,556 
 33 cts. which, according to the statement of the 
 said John Smith, has been paid to members of 
 courts martial, by him and his deputies.” 
 
 ‘‘ Of the remaining 8232,723 67 cts. 844,404 
 17 cts. have been remitted by the G overnor of this 
 Commonwealth ; leaving a balance yet to be col- 
 lected, or in the hands of deputy marshals, of 
 8188,319 50 cts. 
 
 “ Your committee would further remark, that 
 no returns have been received from the following 
 counties, viz. — Mifflin, part of Centre, Somerset 
 Cambria, Cumberland, Perry, Fayette, Green, 
 and part of AVashington, Allegheny, Armstrong 
 
19 
 
 indijuifijJelVcrsonjlii^avcr, Mercer, Crawford, Erie, 
 Butler, Venango, and Warreiu In some of those 
 counties, it is said, courts martial liave been held, 
 particularly in one, tchere ike c.vpmces of the court 
 Jfar ea^cecds the amount of the Jincs assessed.^'^ 
 
 ^ Having thus submitted to the House all the 
 information your committee possess, they would 
 respectfully remark, that although the rvholc a- 
 mount of fines collected by the officers of the U- 
 nited States, has been sunk in the collection, and 
 ill tlie insolvency of the late marshal and his sure- 
 ties — a fact wdiieh goes very far to show that Ut- 
 ile or fio advantage is likely to be realised by vir- 
 tue of the investing act : they img notivithstamU 
 ing^ unanimously q\* opinion, that it would be un- 
 just and impolitic to suffer the business to rest in 
 its present situation Many of oin* citizens have 
 already been compelled to pay for their delinquen- 
 cy : it surely would he very improper to suffer 
 others, ef|ually negligent, to escape ! ! Besides, if 
 a militia-man refuse to march wlien drafted, he 
 knew the alternative — and should the Legislature 
 omit to exact the penalty — the efl*ects of such a 
 coun^e might he VERY DELETERIOUS IN CASK 
 OF FUTURE WARS.” 
 
 See, then, liow such a measure comes recoin- 
 mended ! Its principle, assuming justice for its 
 basis, is founded on the grosest injustice — ^^its mo- 
 lives is vengeance — and its ado])tion is advocated 
 on tlic ground, not of an equivalent for services 
 withheld, but of exemplary pun /i?/z men/, after a I apse 
 t)f ten years, for the purpose of making the people 
 more obedient and docile in case o£ future wars. 
 The sentiments of this report are derogatory 
 the characters of the representatives of a f»*ee 
 
20 
 
 people, intrusted with on important part in the 
 administration of a Government instituted for 
 their peace, safety and liappiness : it hreatlies a 
 vindictive spirit, and is rather the lanp;uage of a 
 despot who governs his subjects by force, and 
 overawes tliem by terror. 
 
 This report was adopted by the House, and was 
 followed up by a hill in the Senate, which is to be 
 found on the Senate files, No.255. The bill directs 
 the auditor general to furnish the brigade inspec- 
 tors with the lists of fines assessed on the citizens 
 of the Commonwealth for the non performance of 
 militia duty in the late war — orders the brigade 
 inspectors to proceed forthwith to collect the fines 
 therein mentioned — and directs the auditor gene- 
 ral to settle all the accounts of members of courts 
 martial who had been employed in the assess- 
 ment of these fines, and who, it appears, have 
 large claims remaining unsettled. The bill was 
 not reached in the Senate until a few days previ- 
 vous to the adjournment of the Legislature ; and 
 to this circumstance its failure is to be principally 
 attributed. 
 
 Although it is admitted in the report of the 
 Committee of '\Yays and Means, that the whole 
 amount of fines, Si 19,257 99 cts. collected by the 
 Lnited States’ officers, has been sunk in the col- 
 lection, and that llttie or ho advantage is likely 
 to he realized by the investing act — yet the com 
 mittee is unanimously of opinion, that tlie omis 
 sion of the Legislature to cjcact ike penalty might 
 be very deleterious in case of future ivursU I The 
 
 sum of ONE HUNDRED AND EIGHTY-EIGHT THOU- 
 SAND DOLLARS is therefore to be levied on the 
 jeeple, without any advantage to the State, 
 
21 
 
 to be SUNK in the collection of it for the benefit 
 of incrnbers of courts martiah brigade inspectors, 
 and their deputy collectors ; — and all this bv way 
 of EXEMPLAR Y PUNISHMENT after a long 
 lapse of ten years — Like very Shylocks — they 
 must have the pound of flesh. 
 
 When such a measure is in agitation, and is 
 thus advocated by a Legislature entrusted with 
 the guardianship of the common weal — indeed, 
 indeed, Respected Friends, you cannot remain 
 passive wlien the opportunity arrives of express^ 
 ing public opinion of it — You will not say that 
 you have no lot or part in this matter. 
 
 The event of the approacliing Election w ill de- 
 cide whether this PENALTY is to be exacted of 
 the people. Should John Andrew Shulze be elec- 
 ted, the complexion of the next Legislature will 
 not difler from the last — and independently of the 
 evidence of his military predclictions furnished 
 by his vote in favour of rendering the military 
 superior to the civil povver — he will be indebted, 
 to the Legislature for his elevation to oflice, and 
 will not dare to thwai‘t any of their measures, 
 liowever impolitic, unjust or unconstitutional. 
 
 Many of you, from sad experience, knoAV, that 
 collection of those fines already made, under 
 «lic laws as they now exist, with a responsibility 
 in the eollectors to the due course of law — 
 property iu many instances, quadruide the am- 
 ount of the fine, has been wantonly sacrificed. — 
 
 I pray you, at would Ive the excesses, the frauds 
 and impositions, practicc'd in the collection of the rc- 
 2naining fines, if’ all responsibility to the only com 
 petent authority to aflbrd suitable redress of griev- 
 ances, was taken awavx and no che<‘k existed, save 
 
the conscience of constable or collector ? Verily, 
 FIVE HUNDRED THOUSAND DOLLARS 
 would not pay the penalty. 
 
 In every point of view, then, in which the ap- 
 proaching Election is considered, there is occasion 
 for serious alarm. The most valuable and sacred 
 provisions of the Constitution, and the best in- 
 terests of society, are involved in the contest. — 
 In proportion to threatened dangers, should hr 
 the exertions to avert them — and when the Con- 
 stitution has provided the means of avoiding tlie 
 impending evils, the only course which prudence 
 dictates is the use of them. Preventive measures 
 are always the safest and wisest, and have the ad- 
 ditional recommendation of being tlie mildest. 
 
 Should you withhold your votes, and John An- 
 drew Shulze be the successful candidate — and 
 should it afterwards appear from the state of the 
 polls, that your votes would have produced a dif- 
 ferent result — w ould you not consider yourselves 
 justly chargeable with being accessary to all the 
 had consequences of his mal administration of of- 
 lice, and to the extravagant proceedings of a Le- 
 gislature no longer governed by the restraint of 
 an independent and upright Executive ? Could 
 you, under such circumstances, claim the inter- 
 ference of the Judiciary to protect you from their 
 lawless outrages on your civil or religious rights, 
 with the same satisfaction as if you had assisted 
 to prevent the injustice of w hich yoi^omplained ? 
 Think of these things — before it isWo late 
 
 But it does appear to me, Respected Friends, 
 ihat you are peculiarly called on to exercise the 
 elective franchise on the approaching occasion. — 
 To the enlightened wisdom of the philanthropic 
 
Pknn, the world is iiidcl)tcd for the first political 
 reeo;i;nition of the sacred rights of conscience, 
 as the unalienable and indefeasable rights of 
 man; and its incorporation in our most excel- 
 lent Constitution, must be csteetned one of its 
 brightest features. That the first attempt to in- 
 vade this sacred principle should liave been made 
 in the land which gave it political existence, is an 
 event grievously to be lamented. But it would 
 furnish occasion for still deeper humiliation, if 
 the man who wantonly aided in this attempt, 
 should receive, as the reward of his conduct, the 
 highest honour and the first office in the gift of 
 the people. The bare possibility of such an event 
 will lead you to the polls. It is a duty you owe 
 to the vindication of the principles of the illiistri- 
 lous founder of the state — a duty you owe to your- 
 selves as you value his institutions, and would** 
 wish to secure tliem to your posterity. 
 
 Your votes will not only assist to keep had men 
 out of office — you will have tlic satisfaction of 
 being assured that they will contribute to put a 
 good man into office. 
 
 If respectable talents and Ji mind improved by 
 useful knowledge, and strengthened by long expe- 
 rience, political integrity and private virtue re- 
 warded by the confidence of the people, and esta- 
 blished by long tried public services, amiable man 
 ners and modest deportment are worthy of your 
 confidence, these qualities arc all united in the 
 character of Andrew Gregg. An honourable 
 life of sixty five years, exhibits a private charac- 
 ter irreproachable, and a political career of twenty 
 two years service in the councils of the natioiN 
 creditable to himself and n«;eful to his coJintrv 
 
Indeedj under existing circumstances, he is the 
 candidate peculiarly suited to the crisis — and ot' 
 all the persons, he is the most proper to place in 
 the chair of state. 
 
 John Andrew Shulze, is the candidate identified 
 witli all the violent and unciinstitutioiial mea- 
 suics of our last Legislature, and Andiew Gregg 
 as a mem her of the present administration, is 
 identified witli the fijin and upiight executive 
 opposition to them. His success over the Le- 
 gislative candidate, would therefore, constitute a 
 stronger, and more decided and emphatical ex- 
 pression of public opinion : in such an appeal to 
 the people, no vote should be lost — for every vote 
 will swell the triumph of tlie Constitution over its 
 enemies — will display the strength of its friends, 
 and thus tend to fix more firmly the charter of ou0 
 ^ivil and religions rights in Itie affections of the 
 people.