3 9002 06447 1' YALE UNIVERSITY LIBRARY 1942 LETTERS OTHER DOCUMENTS, PRODUCED IN THE CASE SUCCESSION OF MATTHIAS ASPDEN, ORDERED TO BE PRINTED. PHILADELPHIA. 183 7. 11- PACKER / Circuit Court United States. ^ In Equity. NIXON. ' List of Letters and other papers produced at the office of the Master in the above case, and ordered to be printed. 1776. 1. March 23. Letter of Attorney, Matthias Aspden, Philadelphia, to James Hartley and Jacob Cooper. 2. " Draft of Will in handwriting of Matthias Aspden. 3. March 24. Will of Matthias Aspden in handwriting of Peter Thomson. 4. May 6. Letter. Matthias Aspden, Philadelphia, to H. & W. Wallace, N. Y. 5. 13. " H. Wallace, N. Y. to Matthias Aspden, Phila. 6. 20. " Same to Same. 1777. . 7. June 1.5. " Wm. Priddie, St. Kitts, to M. Aspden, Bristol. 8. July 10. " H. . 19. " Same to M. Aspden, Bristol. 137. Aug. " M. Aspden, Cork, toCapt. Luscomb. 138. (no date.) " Same to , on the same sheet. 139. Aug. 22. Pass for M. Aspden. 140. Sept. 6. Letter, H. Hoare & Co. to M. Aspden, Bristol. 141. 12. License to M. Aspden, an alien, with his re marks. 142. 19. Letter, H. Hoare & Co. to M. Aspden. 143. 20." Guppy, Armstrong «fe Co. Bristol, to M. Aspden. 144. Oct. 25. " W. Miles & Son, Bristol, to M. Aspden, Lond. 1799. 145. Jan. " M. Aspden, London, to Thos. Willing, &c. 146. Feb. 12. " Thos. Morris, Philad. to M. Aspden, London. 147. Draft of answer endorsed. 148. Oct. Menrorial of M. Aspden, to the Lord Chancellor. 149. Dec. 7. Letter, M. Aspden, London, to Thos. Willinor, &c. 1800. 150. March 1. " John Woodcock, to M. Aspden. 151. Drafts of letters by M. Aspden on the same sheet. 152. May 7. Letter, M. Aspden, London, to Thos. Willing, «fcc. 153. Memorandum respecting " the Rt. Hon." M. Asp den. 154. Another with the same heading. 155. " Authorities to show that he comes under the alien Bill." 1801. 156. Feb. 26. Letter, M. Aspden, London, to Thos. Willing, dsc. 1802. 157. Feb. 22. " H. Hoare & Co. to M. Aspden. 158. Endorsement by M. Aspden, 'on preceding 159. April 6. Letter H. Hoare & Co. to M. Aspden. 160. May 21. " W. Bateman to M. Aspden. 161. Draft of letter by M. Aspden, on the same sheet. 162. Aug. 5. Letter, H. Hoare & Co. to M. Aspden, Turin. 163. Oct. 7. Passport to M. Aspden, from Naples, &c. 164. 15. Passport to same from Card. Gonsalvi, Rome. 165. Letter, Gov'r Ellis to M. Aspden, " Alle Crocelle," with note by M. Aspden. 1803. 166. Feb. 9. " H. Hoare &, Co. to M. Aspden, Paris. 167. April 29. " Herries & Co. London, to M. Aspden. 168. Memorandums by M. Aspden, on the same sheet. 169. May 24. Letter, M. Aspden, Londori, to Messrs. Peregeauxj Pafis. ( fi ) 170. June 1. Letter, Same to Presd't Bank U. States. 171. July 26. « H. Huaredc C,>. London, to M. Aspden. 172. Sept. 5. " 11. Kuhl, Philad. to M. Aspden, London. 173. 21. " H. Hoare & Co. to M. Aspden, Liverpool. 174. List of balances due M. Aspden, with remarks. 1804. 175. Jan. 12. Letter M. Aspden to Pres't Bank U. States. 176. April 30. " Peregeuxj Paris, to M. Aspden. 177. July 26. " M. Aspden to President Bank U. States. 178. Aug. 7. " Same to Jas. Hartley, jun. Haddonfield. 179. Nov. 15. " Same to Robson & Gill, London. 1805. 180. Sept. 16. " Tho's Morris, Philada. to M. Aspden, London. 181. Dec. 13. " H. Hoare & Co. London, to Same. 1806. 182. Jan. 31. " Dan'l Clymer, Lancaster, to M. Aspden. 183. July 15. " H. Hoare & Co. to M. Aspden. 184. July 21. " M. Aspden, London, to Pres't Bank U. States. 185. Sept. 16. " Same to Same. 186. Oct. 4. " H. Hoare &, Co. to M. Aspden. 187. 22. " J. Watkins to M. Aspden. 188. Nov. 21. " Same to Same. 1807. 189. June 5. " M. Aspden, London, to Pres't Bank U. States. 190. May 30. " H. Hoare &, Co. to M. Aspden, Liverpool. 191. July 27. " Same to Same. 192. 28. " Same to Same. 19,3. 31. " M. Aspden, Liverpool, to Pres't Bank U. States. 194. Aug. 15. " Same, London, to Same. 1808. 195. Feb. 23. " Same to Same. 196. Mar. 10. « Matt. Wents to M. Aspden, London. 197. May 28. Memorandum of M. Aspden. 198. Oct. 17. Draft on the Special Commissioners of the In come Duty. 199. 31. Letter, M. Aspden, London, to Pres't Bank U.S. 200. Nov. 16. " H. Hoare & Co. to M. Aspden, with mera. of M. Aspden. 1809. 201. Jan. 21. " Same to Same, Bath. 202. 26. " Same to Same. 203. Mar. 17. " Matt. Wents to M. Aspden, London. 204. Nov. 17. " H. Hoare & Co. to M. Aspden. 205. " M. Aspden to Commissioners of Taxes. 206. 18. " John S. Taylor to M. Aspden, London. 1816. 207. Jan. 18. Check, M. Aspden on S. Girard's Bank. 208. Jan. 19. 209. Feb. 2. 210. 211.212. Apr. 16. May 18. 31. 213. 214. July 1. 11. 215. 11. 216. 217. Aug. 15, 1,5. 218. Dec. 27. 18J8. 219. Jan. 31. 220. Dec. 1819. 221. May 7. 1820. 222. 223. July 5. 28. 1823. 224. Jan. 25. 225. 226. Feb. 10. 227. Apr. 19, 1824. 228. Apr. 25. ( 7 ) Check, M. Aspden on S. Girard's Bank. " Ditto Ditto. " Ditto Ditto. " Ditto Ditto. " Ditto Ditto. " Ditto Ditto. " Ditto Ditto. " Ditto Ditto. " Ditto Ditto. " Ditto Ditto. " Ditto Ditto. Letter, M. Aspden, London, to Pres't, &c. Bank of U. States. Memoir of himself, by M. Aspden, addressed, ap parently, to Messrs. Lafittc. Letter, M. Aspden, London, to L. Cheves, Pres't Bank United States. " Same to Same. " Same to Same. Notice of election in South Sea Co. addressed to " the Rt. Hon." M. Aspden. Note by M. Aspden at foot of the above. Letter, M. Aspden, London, to L. Cheves, Pres't Bank U. States. 19. Bill of Hale & Davidson for purchase of stock. 25. Letter, M. Aspden, London, to N. Biddle, Pres't Bank United States. 1831. 229. Aug. 29. « Matthias Aspden, Blackburn, to H. Nixon, Philada. ( 8 ) PAPERS OF UNCERTAIN DATE. 230. List of Births, &c. of Aspden family, on a blank leaf in the folio Bible. 231. List of Births, &c, of the same on loose papers. 232. List of Births, iSic. of Hartley family. 233. Letter from Thos. Aspden to M. Aspden, London, with extracts from RegisteriS, &c. enclosed. 234. Entries in M. Aspden's Ledger, folio 75. 235. Letter," Mr. Hall" to M. Aspden. '236. Draft of Letter, M. Aspden to Lord LansdoWn. 237. " Short Narrative of Fads." 238. Memorandum in handwriting of M. Aspden, on a card. 239. Memorial of M. Aspden to the House of Kepreseotatived. LETTERS AND OTHER PAPERS, 1. Letter of Attorney. Matthias Aspden, {Philadelphia,) to James Hartley and James Cooper. Know all men by these presents. That I, Mathias Aspden, of the city of Philadelphia, in the province of Pennsylvania, Merchant, being about to depart the said province, have constituted, made and appointed, and by these presents do constitute, make and appoint my trusty and loving friends, James Hartley and Jacob Cooper, both of the city of Philadelphia, true and lawful attorneys for me and in my name and stead, and to my use, to ask, demand, sue for, levy, recover and receive all such sum and sums of money, which are or shall be due, owing, payable and belonging to me or detain ed from me any manner of ways or means whatsoever by any per son or persons whomsoever, whether by bond, note, bill, book debt, account, consignment, trade, dealing, or otherwise howsoever, nothing excepted or reserved, and more especially for me and in my name, to enter into and take possession of all every or any the houses, tenements, lots, lands hereditaments and real estate what soever belonging unto me, situate in the said province or elsewhere in America, and the same to let and lease out for any term or term of years, to such person or persons, who may be inclineable to take or rent the same, for such rent or rents, as to my said at torneys or either of them, shall seem meet, and to receive and take the rents issues and profits thereof, and if need be to distrain for the same rents, and to sell and dispose of such distress according to law, or otherwise, to recover the same rents by due course of law ; also to sell and dispose of the same houses, lots, lands, here ditaments and real estate, for the best price or prices, that can or may be had for the same, to any person or persons who may be inclineable to purchase the same, and to make, sign, seal, execute and deliver in my name or otherwise, all such deeds, conveyances, and assurances whatsoever, as shall be necessary for vesting and transfering the premises and fee simple thereof, or of any part theroef in the purchaser or purchasers, his, her, or their heirs or 2 ( 10 ) assigns. Giving and granting unto my said attorneys, or either of them, by these presents my full and whole power, strength and authority in and about the premises, to have, use, and take all lawful ways and means in my name for the recovery thereof, and upon the receipt of any such debts, dues, rents or sums of money aforesaid, acquittances or other sufficient discharges, for me and in my name to make, sealand deliver; and generally all and every other act and acts, thing and things, device or devices, in the law whatsoever, needful and necessary to be done in and about the premises, for me and in my name to do, execute and perform, as fully, largely and amply, to all intents and purposes, as I, myself might or could do, if I was personally present, or as if the matter required more especial authority than is herein given ; and attor neys one or more under them or either of them for the purpose aforesaid, to make and constitute, and again at pleasure to revoke; ratifying, allowing, and holding for firm and effectual, all and whatsoever my said attorneys, or either of them shall lawfully do in and about the premises by virtue hereof. In witness whereof, I have hereunto set my hand and seal this twenty-third day of March in the sixteenth year of his Majesty's reign, Annoque Domini, 1776. Matthias Aspden. [ t. s. ] Sealed and delivered in the presence of us ^ Tho. W. Smith. Rich'd Bundle. Draft of Will, in handwriting of Matthias Aspden. Bb it remembered, that I Matthias Aspden, of the city of Phila. delphia, in the province of Pennsylvania, merchant, being about to depart to England, do make this my last will and testament ia manner following ; to say ; first, it is my will that all my just debts and funeral expenses be duly paid, and that the whole of my stock in trade be disposed of as soon as possible after my decease ; and I likewise direct my executors to collect in what moneys may be owing to me in this country and to get the accounts of the respective balances that is be owing to me in England and Spain, that they may discharge the several legacies I have herein bequeathed First I give and bequeath unto my three nephews, Joseph, Matthias^and George Harrison, sons to my sister Mary Harrison, my house in which now dwell ; my plantation in Chester county and four thou- sand five hundred pounds m cash ; my house and plantation to be ( 11 ) appraised and the amount of the appraisement added to the four thousand five hundred pounds to be equally divided between my above mentioned three nephews, and to their heirs assigns forever, ¦with all the rights and appurtenances belonging to the aforesaid house and plantation. I give and bequeath to my two nieces, viz. Mary White, wife to the reverend Mr. Willm. White and Ann Harrison, both daughters of my sister Mary Harrison, the sum of fifteen hundred pounds to each, to hold to them, their heirs and assigns forever. I give and bequeath to my three half brothers, Roger Hartley, James Hartley and Benjamin Hartley, the two first residing in Pennsylvania, and the latter in Haddonfield in West Jersey, the sum of one thousand pounds to each, to hold to them their heirs and assigns forever. I give and bequeath to the four children of my deceased sister Ann Hinchman, the sum of five hundred pounds, to be divided equally between them, and to hold to them their heirs and assigns forever. I give and bequeath to my two half sisters, Bersheba Zane, wife of Nathan Zane, and Rebecca Kay, wife of John Kay, both residing in and near Had donfield, in the province of West Jersey, the sum of five hundred pounds to each of them, to hold them their heirs and assigns for ever. To my aunt Margery Bailey, residing at or near Simon- stone in Lancashire, two hundred pounds. I give and bequeath to my cousin John Aspden in London. I give and bequeath one hundred pounds to my cousin William Aspden residing at or near Great Harwood in Lancashire, one hundred pounds. To my two cousins Thorns, and Wm. Nathaniel Aspden, sons of my uncle William Aspden, residing in Lancashire in Old England, one hun dred pounds to each. I bequeath to sisters of the above Thoms. and Nathaniel, Elizabeth Coilies and Ann Aspden, the sum of one hundred pounds to each. 1 bequeath to the sister of the and above mentioned William Aspden, married to Dougdale, for merly residing in Little Harwood, in Lancashire, Old England, I give and bequeath one hundred pounds. My plate I give and bequeath to my brother James Hartley. And nominate my much esteemed friend and relations, Joseph Harrison, James Hartley and Jacob Cooper, executors to this my last will and testament. My brother James Hartley I leave my residuary legatee, to whom I give and bequeath all the rest and residue of my estate. 3. Will of Matthias Aspden, in hand writing of Peter Thomson. Be it remembered, that I Matthias Aspden, of the city of Phila delphia, in the province of Pennsylvania, merchant, intending to ( 12 ) cross the seas on a voyage to Great Britain, and being at this time in bodily health, and calling to mind the certainty of death, and considering the uncertainty of the time thereof, do make and put in writing this my last will and testament, in manner and form following ; that is to say, first my will is, and I do order and direct my executors hereinafter named, to pay and discharge all my just debts and funeral expenses, as soon as possible aftef my decease ; and to dispose of, and sell my whole stock in trade with all convenient speed, and to collect in all the moneys that may be owing and payable to me by persons residing in America, and likewise to use their endeavour to collect and obtain the respective balances of accounts, due and payable to me from persons residing and being in Great Britain and Spain, in order to enable them the better to discharge and pay the several legacies I have hereinafter bequeathed, but if that cannot be fully done, then, to pay them in the like proportion as far as the moneys by them to be received will admit of. Item, I give, devise and bequeath unto my three nephews, Joseph Harrison, Matthias Harrison and George Harrison, (the sons of my sister Mary Harrison), my house and lot of ground where I now dwell, on the east side of Water street in the city of Philadelphia, with the appurtenances, and also my plantation in the county of Chester and province of Pennsylvania, with the appurtenances, to hold to them my said nephews Joseph Harrison, Matthias Harrison and George Harrison their heirs and assigns forever, to be equally divided between them, part and share alike as tenants in common. I also give and bequeath unto my said nephews Joseph Harrison, Matthias Harrison and George Harrison the sum of four thousand five hundred pounds, money of Pennsyl vania, to be equally divided between them. Item, I give and bequeath unto my two nieces, Mary White (the wife of the Reverend Mr. William White) and Ann Harrison, (the said Mary and Ann being the two daughters of my sister Mary Harrison) the sum of three thousand pounds money of Pennsylvania, to be equally divided between them my said nieces. Item, I give and bequeath unto my three half brothers, Roger Hartley, James Hartley and Benjamin Hartley, the two first of whom now residing in Pennsyl vania, and the other and latter residing in Haddonfield in West New Jersey, the sum of three thousand pounds, money of Penn sylvania, to be equally divided between them. Item, I give and bequeath unto my said half brother, James Hartley, all my silver plate. Item, I give and bequeath unto the four children of ray sister Ann Hinchman, deceased, the sum of five hundred pounds money of Pennsylvania, to be equally divided between them. Item, I give and bequeath unto my two half sisters, Bersheba Zane, (the wife of EInathanZane), and Rebecca Kay, (the wife of John Kay), both residing in and near Haddonfield in West New Jersey the sum of one thousand pounds, money of Pennsylvania, to be equally ( 13 ) divided between them. Item, I give and bequeath to my Aunt Margery Bailey, in or near Simonstone, in the county of Lancaster Great Britain, the sum of two hundred pounds, money of Pennsyl vania. Item, I give and bequeath to my cousin John Aspden of London, the sum of one hundred pounds, money of Pennsylvania. Item, I give and bequeath to my cousin William Aspden, in or near Great Harwood, in the county of Lancaster Great Britain, the sum of one hundred pounds, money of Pennsylvania-. Item, I give and bequeath unto my two cousins Thomas Aspden and Nathaniel Aspden, (sons of my uncle William Aspden) residing in the county of Lancaster in Great Britain, the sum of one hundred pounds, money of Pennsylvania to each of them. Item, I give and bequeath unto my two cousins Elizabeth Corley and Ann Aspden, (the daughters of my said uncle William Aspden), the sum of one hundred pounds, money of Pennsylvania, to each of them. Item, I give and bequeath to the sister of my said cousin William Aspden of Great Harwood, that intermarried with Dougdill, formerly of Little Harwood in the county of Lancaster in Great Britain, the sum of one hundred pounds, money of Pennsylvania. And if there shall remain any thing after payment of my just debts and funeral •expences as aforesaid, and the legacies I have herein before given be fully paid and discharged, then it is my will, that the remainder •and residue of my estate shall go to, and I do give and bequeath the same unto my said three nephews Joseph Harrison, Matthias Harrison and George Harrison, to be equally divided betweeri 1hem part and share alike. And I do nominate and appoint my good friends and relations, the said Joseph Harrison, James Hart ley and Jacob Cooper all of the city of Philadelphia, to be the executors of this my last will and testament, hereby revoking all former and other wills and testaments heretofore by me made, and do declare this only to be my last will and testament. In witness whereof I the said Matthias Aspden, the testator, have hereunto set my hand and seal the twenty-fourth day of March, in the year of our Lord one thousand seven hundred and seventy-six. ' Signed, sealed, pronounced, published and declared by the said Matthias Aspden, the testator, as and for his last will and testament in the pre sence of us, who have subscribed ¦our names hereunto as witnesses in his presence and at his request. Tho. W. Smith. Saml. Garrigues, Jr. Rich'd Rundle. My name tore out by me, and declared void by me. Matthias Aspden. ( 14 ) Letter. Matthias Aspden, Philadelphia, to H. 4* I^- Wallace, New York. Philadelphia, May 6th, 1776. Messrs. Hugh & Alexander Wallace : Gentlemen — I make no doubt, the receipt of this from hence will not a little surprise you. Your particular civilities, and the share you took in assisting me to get a passage in the packet, demand my giving you a candid account of my situation since I had the pleasure of seeing you in New York, and the occasion of my disap pointment. The next day after I went down to the Narrows with the Mayor, ¦towards evening, 1 went on board the packet, in a small canoe, with Mr. Campbell, the Mayor intending coming on board the Duchess next morning; after getting on board the packet, I immediately step. ped into the boat belonging to her, and went and waited on the Go vernor — informed him of Mr. Matthews being at Denio's, and his intending coming on board the next morning ; after some other con versation on indifferent matters, I took out my pocket book contain ing what papers I had, and desired his Excellency would inspect them, if he thought it necessary, and enclose them to Lord Germain, these being part of the conditions, the whole of which you are already acquainted with, on which we were to go ; his Excellency made answer and said, that there was no occasion of doing it just then, that the packet would not sail for these few days, and he would take another opportunity ; upon this I mentioned pothing further respecting it, but went on board the packet, where the Mayor came before he went to wait on the Governor, and also returned after he had been, before he went on shore ; he informed me agreeable to what I had desired ; he mentioned to the Governor, letting Mr. Potts and Mr. Lloyd go in the packet, without taking the oath, but would not consent to their going, nor to any other person except those he had before given his word should go with out taking it. I relate this circumstance as a confirmation that I then understood 1 was to go on the conditions his Excellency first mentioned. I accordingly made myself easy ; not even suspecting or having a doubt that any further difficulty would arise. In this, however, I was mistaken. The day week following my going on board the packet, the Governor having finished his despatches, sent for the passengers to come on board the Duchess of Gordon. I went along with the rest, thinking from the report, that prevailed on board the packet, that she was to sail the next day or day after ; that it was to take our leave of his Excellency ; but to my astonishment, Governor Tryon soon unravelled this matter, and ( 15 ) informed Mr. Warder and myself, that he could not suffer us to go in the packet, unless we would take the oath he should administer to the rest of the passengers ; being same which I informed you of before Mr. Matthews went down. We replied to his Ex cellency, that it was exceedingly hard that he should insist en a matter of this sort, after the assurance he had given to the Mayor of the City of New York, that he would dispense with the oath in particular to us ; urged several other reasons of the probable con sequences that might follow on shore, if it should be known there of our taking such an oath — to which his Excellency made answer, that it was unnecessary using any further reasoning on the matter ; that nothing less than our taking the oath would satisfy him ; that he was sorry his duty compelled him to such a measure ; and alleged as his reasons for this conduct, the firing on the peo ple at the watering place ; my getting leave to have stores sent down for our passage home, when neither he nor the commanders of Majesty's ships could get any. Mr. Temple's behaviour, and my going to Elizabethtown, which was entirely on account of seeing Mr. Duyckink, and which I believe I mentioned in the course of conversation speaking of the number of men stationed in the town ; the mere speciousness of these reasons, without drawing any conclusion, I leave you to judge of. After this conversation passed, he told us his boat should put us on shore at any time. I for my own part, was so surprised at this breach of the Govern or's promise, that I could not bring myself to think that he would persist in not suffering us to go wittfout taking the oath, but returned on board the packet, intending waiting on him again the next day convinced that the hardship of our case must appear obvious to the whole fleet, and that probably some hint of it might be dropped which might induce his Excellency to think better of it, and let us go upon the first conditions that were mentioned. Mr. Warder. and myself accordingly waited on Governor Tryon the day but one after such answer, and if he would not dispense with the oath, to get put immediately on shore. He told us they could not think of dispensing with it ; and that as soon as a flag of truce should come from New York, which he had wrote to the Mayor to send for old Dobbs' things, and expected on Monday or Tuesday, (it being Saturday when this was mentioned to us,) we should go up to town per that opportunity. This being the case, we returned on board the packet again, where we waited impatiently for the flag's appearing, but had no sight of all Tuesday, and on the afternoon of same day, was told that Governor Tryon had determined we should stay on board until the packet sailed, which freed us from thinking any thing further of a flag's coming would of any gervice to us. The disagreeableness of our situation, staying in on board without any expectation of going — joined to our living on the fresh stores, of which there appeared from the uncertainty of he? sailing, not more than was necessary for the passengers that went, ( 16 ) indnced Mr. Warder and myself again to wait on the Governor the Saturday following, requesting that he would put us on shore, rep. resenting to him the reasons which made us desirous of his obliging us in this particular. He then very plainly told us, that he could not comply with our request until the packet sailed — that we were exceedingly welcome to bring our baggage and come and stay on board the Duchess, until the packet sailed. We thanked him for the compliment, but told him the gentlemen made us very welcome on board the packet, and that we would go and remain there, which we did until last Friday morning, when she left the Hook. We then went on board, and would have been glad to have got ashore immediately, but his Excellency insisted on our staying until the next morning, when he sent two of his servants with a flag of truce and landed us on the Never Sink shore. The boat was immediately sent back without molestation or hindrance. The people on shore treated us very civilly ; and as soon as we had dined, got a small •wagon and went to Middletown, where we waited on the commit tee, to whom we showed a certificate setting forth our reasons for coming on shore, and some papers from the commanding officer andcommitteeof New York, which appearing to them satisfactory, •we were suffered to pass without further trouble. In justice to Governor Tryon, I must acknowledge his behaviour in every other respect except breaking his word, and detaining us on board the packet, was polite and civil. I must also inform you, all the other gentlemen in the fleet, particularly the commanding officers of his Majesty's ships, the Asia and the Phoenix, treated us with every degree of civility we could expect. They appeared to be opinion that the Governor's oath was unnecessary, and if it had, they thought as to us, whom the Governor had given his pro mise should go without taking the oath — it was wrong he did not do it. Capt'n Parker would have given us a passage in one of his prizes to Halifax, but I did not choose to accept of it for two rea sons — first, I knew it would be making a difference between the Commodore and Governor, who look upon it a step taken to evade the oath, and of course might throw some blame on Capt. Parker, in giving encouragement to attempts to counteract the measures he taken for the service of government. 2. The situation I then was in; this was a matter I had carefully to avoid. Another reason why I did not chose to go pr. that way was, I knew the Governor could very easy write, and acquaint the com manding officer with view that took me that route, and the reason that occasioned it ; but as another matter which had its full share of weight, I knew it was not the line of conduct I had to observe, if the Governor would not let me go in the packet ; and if I had gone to Halifax, it would have been construed in the most unfavor- ble light by my fellow-citizens ashore, and many things said that might have been much to my prejudice. ( 17 ) Tho' they disappointment of my not going in the packet I very sensibly regret, as it was private business of some moment that induced me to think of going in the present situation of affairs, the account of Governor Tryon's conduct I have endeavoured to give with decency, and a strict regard to truth. 1 should not chose any part of this letter should be published, but should be obliged to you, if you would please to show it to Mr. Mathews or any gent. you may think proper. 1 should also be glad you would mention to Mr. Duyckink, that I will take as payment for the bill on him, continental money at the curr't exchange. I do this to serve my friend. I remain with sincere regard, Gentl'n, Your most obed. and very humble serv. H. Wallace, N. York, to Matthias Aspden, Philadelphia. New York, 13 May, 1776. Sir — I received yours of the 7th inst. with astonishment, and cannot imagine what could induce Gov'r Tryon to behave in so strange a manner. I have not seen him for some time past, and untilll got your letter, imagined you sailed in the packett. I think myself injured by the treatment you have met with, and will not forget it. Sorry I am that my intentions to serve you and Mr. Warder, (to whom please make my compliments,) have not been attended with success. The bill on Mr. Duyckink is not yet due. Mr. Mathews has protested it for non-acceptance, and I fancy must do the same for non-payment, as he tells me Mr. Duyckink said the exchange was now too high to pay it. I am, sir, Your most humb. servt. Hugh Wallace. Excha. 100 pr. ct. Endorsed — Mr. Mathias Aspden, Mercht. Philadelphia. ( 18 ) 6. H. Wallace, N. York, to Matthias Aspden, Philadelphia. New York, 20th May, 1776. Mr. Math's Aspden : Sir — I received your favour 15th inst. Your appology for Gov'r Tryon's strafige behaviour (in promising to lett you go to Europe in the packett without taking the oath he required from the other pas. sengers, and insisting afterwards on your taking the oath, and on your refusal, obliging you to go on shore,) is verry kind, and more than I think he deserves. But this is a matter for future consider ation. I observe your intention of going to Europe by first opporl'y. I see little hopes of your getting there in any American merchant ship. Going to the West Indies is the safest and surest method. A ship is now almost ready to sail from hence for Lisbon with wheat; will sail in 3 or 4 days thro' the Sound; but I would not recommend that rbut to you. If you should be taken on your passage and carried into Hallifix, apply to Lieut. Gov'r Franklin, or Mr. Gould, the Secretary. If you are carryd into Pensacolai apply to Mr. Phil. Livingston, Secretary there, or to Major Dixon, of the 16th Regim't. If to St. Augustine, to Robert Cather- wood, Esq. On showing them this letter, they wilt on my aoco't shew you all the civility an honest man, a respectable merchant, and a friend to his king and country has a right to. If you are not in a great hurry, 1 think a packett, or some king's ship or transports, will be sent to England from some of the ports to the west or east of us soon, probably from Virginia, and I think you might procure a passage in (hem. Mr. Mathews will writeyou and send what you desire, and also coppy of the protest and charges. The original bill and the protest shall be sent to England, agre- able to y'r former directions. Should you leave America before I see you, I heartily wish you safe, and am Sir, your verry humb. serv't, Hugh Wallace. Merch't, Philad'a. Endorsed— Mr. Maths. Aspden, Mercht. in Philadelphia. ( 19 ) William Priddie, St. Kitts, to Matthias Aspden, Bristol. St. Kitts, IStlj June, 1777. Mr. Matthias Aspden. (Copy,) Sir, Yours, pr. Capt. Albro, I have received, as also invoice for sun- drys, to my address, which articles, I have put into the hands of Messrs. Sharry & Sanderson to dispose off, as I mean to decline trade for a little time, who will do the needfuil, and hope to send you pleasing sales. 1 shall be happy to fix a correspondence with you, on the recom mendation of my friends, Messrs. Cowper & Co'y, and sincerely wish the unhappy disputes with Great Britain and America was at an end. I observe what you say with regard to a vessell calling with lime, I would not advise you to speculate in that article to this place, as there has been such large importations lately do ima gine we shall be stockt fur some time; as to the mules they will answer provided you can have a cargo of about 70 or 80 brought here in the months of November, December, or January, and if in good order will turn out to advantage, as they will sell for £20 to £25 stg. pr. head, and pay'e in Bills of Exchange at three and six months sight; should you be inclinable to speculate that way, will be glad of the earliest advice. As the bread and herrings will sell shall not ship any by Albro to the Bay of Honduras. I am, sir. Your most ob't serv't, William Pbiddie. Endorsed — Mr. Matthias Aspden, at Messrs. Lancelot Cowper & Co. Merchts. in Bristol. Pr. Capt. Beach. Q. D. C. 8. Hugh 4* Alex. Wallace, New York, to Matthias Aspden, London. New York, 10th July, 1777. Mr. Matthias Aspden. Sir — We rec'd your favour 2d April, and are much obliged by your kind concern for our safety, and your congratulations on hearing of our return from confinement in Connecticut. Inclosed ( 20 ) we return you Lancelot Cooper & Go's, bill on Gerardus Duyc. kinck, with which we can do nothing; we could not protest it while the rebells were in town, for had we attempted it he would have complained to the committee of w'ch he was a member, and they w'd have obliged you (or us for you) to have taken their paper money in discharge of the bill, notwithstanding the bill is for stg. money. Mr. Duyckinck is still amongst the rebells in Morris county, in New Jerseys. There is no communication be- tween this place and that, and were the bill presented to him there he probably w'd offer paper money, and the person who refused it committed to prison at least, perhaps worse used, for which rea- son we return you the bill. We shall show Mr. D. Roberts every mark of civillity in our power; we had the pleasure of knowing him some years ago when he went from hence to Canada. We are, sir, very respectfully. Your most obedient serv'ts, (Duplicate.) Hdgh & Alex. Wallace. Endorsed — To Mr. Mathias Aspden, of Philada., at Messrs. Jno. Roberts & Son, Merchts., London. 9. Ben. Sf Cal. Bewicke, London, to Matthias Aspden, Spa. London, 26th June, 1778. Mr. Matthias Aspden, Spa. Sir— We have received y'r two favours from Bruges <& Brus- sells, and would have wrote to you sooner if we had known whe>p to catch you. We are glad to see you amuse y'rself to y'r sat- isfaction, and upon ye whole should suppose you will not have rea- son to repent of y'r expedition, as you will stiUfind many oppor tunities of making useful reflections. We have not as yet bought ye Navy bills for y'r accounts as our broker IS of opinion it may yet be done with more advantage. IJy ye l!.nglish newspapers you will have seen yt there are ships of ye line of sufficient force arrived in America to oppose ye Count DEstame w'ch has given us all good spirits, as ?here seemed to be some danger otherwise. We are assured yt Gen. Row writes o ye Ministry yt ye Provincial army are inclined to accept ye terms sent out whether ye Congress will or not; you can better see ye consequence of it than we do, but shall be Jad to see ye army come in without ye Congress. It's to be hoped ( 21 ) ye next news from thence will be a confirmation of this, with ac count of a treaty begun or concluded. At last there has been a little affair between some of our ships of Keppele's squadron and some French frigates of war ; upon ye whole it appears there are two frigates and a schooner taken, and a frigate sent into Brest disabled. Whether this will bring on a declaration of war or not is difficult to say. As it appears yt ye French began hostilities, there is room for explanations and appolo- gies. We have not received any letter for you. Wishing you a plea sant tour, we are very truly, sir. Your most h'ble serv'ts, Ben. & Cal. Bewicke. Endorsed — A Monsieur Monsieur Matthias Aspden, Poste Re- stante, Spa. 10. Lancelot Cowper, Bristol, to Matthias Aspden, Spa. Bristol, 27th June, 1778. Dear Sir — Not knowing where to address a letter to you after this night's post, for your favour of the 18th curr't informs no far ther than Spa, where, I hope, this will meet you in perfect health, as it leaves me, and, I believe, all your friends here and Redland! I ever considered the French lang'e of material consequence to travellers, (going eastward,) and understand by yours that the want of it has lessened the pleasure the tour to Flanders, &c. affords. Since the Gazette acc't of the expedition up the river Dela ware to Bordentown and Bristol no material news have been rec'd from America. The Commissioners not arrived on the 14th past • what's reported respecting the disposition of Congress to treat with them is little regarded here: the general opinion amongst the thinking men of property in America favours mine, that matters will be settled this summer. It appears as certain that the Con gress are divided in their sentiments of the offers tendered pr. Com missioners, which is well understood in America by acc'ts sent over, likewise that serious disputes have arrose relative to placing Gates in Washington's station. Mifflin I learn has thrown up his com. disgusted that the former is not appointed Generalis simo. R. Peters it's said with a pretty respectable party of bis own turn labour hard to out Washington to make room for Gates ; ( 22 ) I need not comment on such an absurdity farther than hoping it will tend to the end of restoring peace — I mean by the terms offer'd by this country being accepted without alteration. Messrs. Mar shall & Weare have not furnished either invo. of the £1000 in- sur'ce you ordered them to make on the ship Cumberland, or £400 additional from Jamaica, however their Mr. Weare, who is here, says that both sums are effected, and next week particulars will be sent me. Sherrif Weare is out of town, but as there's no acc't of any part of the fleet in which Corrie saild being ar rived at Jam'a, or late dates from that Island, apprehend the Cumber land will not sail in the first fleet from thence. The windward isle convoy was not to depart from St. Kitts sooner than the 15tli past. Sharry & Sanderson wrote under date of the 15th March that pr. said fleet they would endeavour to close acc't of your adventure. Per account sales rendered W. proceeds appear £560 10. 2., de. ducting Albro's disbursem'ts of £457 13. 8. £l02 16. 6. is the balance due to you. Mr. Mallard of the house of Cruger & Mallard is fail'd for a few thousands — the house continues good. War is soon expected to be declared, two French frigates and an armed King's schooner being taken per Keppell's squadron. In haste, 1 remain, Dear sir. Your h'ble servant, Lancelot Co^wpek. Endorsed — A Monsieur Monsieur Aspden a la poste Restante a Spa. 11. Ben. 4* Cal. Bewicke, London, to Matthias Aspden, Spa. Loudon, 17lh July, 1778. Sir — We wrote to you at Spa agreeable to y'r directions, and have rec'd y'r favour of ye 26th June advising y'r bill on us for £63, order of H. Van Schelie & Son, w'ch is paid ye 13th inst. As you do not say how long you propose to stay at Spa we send this enclosed to Messrs. Jacobus & Johannes Van De AVall & Co., to whom we gave you a letter of credit ; and in case you want a credit for any other places they will supply you. Every thing seems to be in the same uncertain state as when you left England ; notwithstanding all appearances many are persuaded yt at last we shall not have a war with France : we heartily wish ( 23 ) yt peace may speedily take place, as it will not answer any good end, but will certainly cost us ye lives, of many men and increase our debt, w'ch is already large enough, and we may find it too large soon. There is no news from America ; it seems certain yt ye troops quit Philadelphia, where many think they should never have been. We are. Very truly, sir. Your most humble serv'ts, Ben. &, Cal. Bewicke. P. S. We have just received y'r favour of the 14th inst.; we hope and do not doubt but you will amuse y'rself very well in Holland. Endorsed — Matthias Aspden, Esq. 12. T. Van Egmont «^ Son, Rotterdam, to Matthias Aspden, Amster dam. Rotterdam, 4th August, 1778. Sir — Your very much esteemed favours of 3 currant came duly to hand this morning, and in reply, the present, according to your desire, serves to acquaint you there are no Dutch vessels of any kind going from this port to England as yet, nor any appearance of any going hitherto. We spoke with the broker of the London traders who says, the sloop on the birth now will lay here till the latter end of next week, but can't say whether she will then go with or without convoy ; they'll see what turn matters takes in the mean. Navigations begin to turn vastly perilous now. We learn when our Jews want to go over they freight a fisher's boat on the coast side ; but you may easily judge they are not very fitt for ac commodating passengers ; by what is said may regulate yo'r good self. Meantime wishing you well over again, and that every thing good may attend you, we remain, W^ith regard, sir, Your m. h. servants, T. Van Egmont «Se Son. Endorsed — To Mathias Aspden, Esq., at the Star in the Ness, a Amsterdam. ( 24 ) 13. J. 4* J. Van de Wall, Amsterdam, to Matthias Aspden, London. Amsterdam, 28th August, 1778. Matthias Aspden, Esq., London. Sir We are favoured with your esteemed letter of the 21st Aug, and perceive with great pleasure your safe arrival in London after a short passage of 26 hours, being much obliged to you for the par ticulars of what happen'd at sea ; and it gave us great satisfaction that you came over without any disagreeable rencounter. The lit- tie civilitys it was in our power to show you during your stay at this place, do not merit the acknowledgments you are so kind as to make; we could wish to have in future more opportunitys to give you proofs of our regard and affection, being glad that by the letters you received from your friends you found they all were still in Philad'a, where we hope you may be so happy as to meet them once again, and beg to be persuaded that at any time you will find us ready to re.nder you any service in our power. We have no particular news to mention from these quarters. It is expected that there will be soon a decisive battle between the English and French fleet, whereof you will be sooner informed than we ; severall prizes have been made from both sides, and yet it is in our opinion very uncertain whether a declaration of war will lake place or not. Wesincerely wish you health, and happiness, and have the honor to remain. With real regard, sir. Your most obed. humb. serv'ts. Jacobus & Johannes Van de Wall & CoMp'r. Endorsed — ^To Matthias Aspden, Esq., at Mr. Lowe's in QueeB Square, Bloomsburg, London. ( 25 ) 14. Matthias Aspden, London, to J. Sf J. Van de Wall. London, Novem'r 30, 1779. Messrs. Jacobus & Johannes Van de Wall & Co. Gentlemen — I duly received your esteemed fav'r of the 19th, in answer to mine of the 9th inst. ; and am extremely obliged to you for the very particular manner in which you have replyd to the matter it requested. I have communicated the same to my friend, who regrets that the very low interest, together with the uncertainty of even then being employ'd to yield this sum you mention'd, scarcely makes it an object to remit what he intended, untill he hears further from his correspondent, to whom he means to write the first good opportunity. I nevertheless cannot help congratulating you as one of a people among whom money is so plenty, the true sign of a rich and flou rishing nation, who have only to pray the same wisdom may continue in their public counsels which has produced such happy effects, and their prosperity in all probability will last for ages yet to come. Our last Gazette announced a severe disaster which had hap pened to the fleet of Mons. D'Estaing on the coast of Carolina the 4th Sep'r, which in all likelihood will defeat his expedition. Shou'd it be the case it m. probably lower a little the ambition of our Gallic neighbours, (for America, like his Majesty I now consider out of the question,) and lead them to serious disposition for peace ; is which I anxiously wish may very soon take place. You will please to excuse my troubling you with politics, but being an idle man untill I can return to America, they will unavoidably force an observation or two now and then from being the chief objects of attention, when perhaps it had better been let alone. I am glad to hear you enjoy a good share of health ; I wish I could write you I did the same; but a bilious complaint which has attackd me this some time past, will induce me in a day or two set out for Bath to drink the waters for a few weeks, reckon'd extremely beneficial in disorders of that kind. Can I be of any service to you at Bristol which is only 12 miles distant, during my stay, where I have a very respectable acquaintance — it will afford me much pleasure. You will also greatly oblige oblige me if there should be a late arrival at your port from any part of America, 4 ( 26 ) particularly Philad. and a paper should fall into y'r hand of a late date you would enclose to me at the Grove Coffe-house Bath. 15. J. 8f J. Van de Wall to Matthias Aspden, London. Amsterdam, ISth January, 1780. Mr. Matthias Aspden, London : Sir — In answer to our last of the 19th October we received in due course your favour of the 30th November, and are obliired to you for its friendly contents. We did not answer directly to it, as we had nothing new to communicate you from America. At present we have before us youf kind letter of the 12th instant^ covering two incloseds for near relations of yours, which, as there are at present no vessels going direct to the port of Philadelphia, will send by one bound for St. Eustatius under cover of some, friend, with the strongest recommendations to forward the same in the securest manner that they may get safe at hand. We hope to have soon open water, and then doubt not there will be opportu nity of a ship going there. The postage we paid but is a trifling, and we will find it in course. Wishing that matters may take a favourable turn to make us able, and afford us opportunity, to enter in a mutual, agreeable and useful correspondence ; meanwhile, it gives us pleasure that the better state of your health permitted you to stay in London, and hope you may be soon entirely recovered. We wish you this new year, and a series of ensuing, full of happiness ; and have the honour to remain with sincerity and great regard. Sir, Your most obed. humb. ser. Jacobtjs & Johannes Van de Wall& Com'y. Endorsed— To Mr. Matth's Aspden, at No. 13 Norfolk Street, in the Strand, Loudon. ( 27 ) 16. Matthias Aspden, London, to Rev. Wm. White. London, July 10, 1780. Rever'd Mr. Wm. White : Dr. Sr. — I embrace the earliest opportunity of acknowledging receipt of yr. lett. 28th March, and also one for Mr. James who being dead as advised yon in March last, I handed it to his exr. the Reverd. Mr. Carr, whom I am sensible will pay implicit attent. to every attention to every thing therein directed, but it is to be regretted as things have turnd out that you did not put the names of two persons in the power of attorney sent, to have acted jointly or seperately for fear of mortality. It will be necessary upon receipt of this that you send a second power of attorney for the purpose of receiving the rents of the several houses, &c. or other wise the tennants may think it not safe to pay their rents, for want of a legal discharge. I am exceedingly happy to hear that your situation considering the times is comfortable; and sincerely congratulate you upon the addition to yr. family since my leaving America. It would give me pleasure to embrace them soon ; but how to dispose of my property on this side so as to admit of my return, appears at this time a matter of considerable difficulty. You may confide in my attention to yr. interest in advising or consulting with Mr. Carr on any matt, that may either tend to promote or take proper care of it. I beg my love to Mrs. White and the little family, remin'g, with sincere esteem, Yrs. affec. P. S. I wrot J. H. the 6th in.st. vie N. York ; and the 20th ult. via St. Eustatius. Please to inform him his estate being copy hold takes away much of the difficulty in making a sett, by power of attorney. I apprehended in my letter of the 6th the one bro't by M. Duchie is authenticated as far as is can be ; and shall pro ceed, if Mr. Fletcher does not very soon render me up an acc't of stewardship to compel him, expecting the means in my power. Shall also take steps to carry it into execution J. H's further directions (but it is not the best time to sell estates) there will be to iraediately write to a person of credit in Whitehaven (were power should been first sent), in whom I can have confidence, to view the premisses 7 or 8 miles distant, inform me of the condition, value, best mode of settling contentment of a purchaser, with admission and surrender into the Lord's Court by letter of attorney for title, value of premises, two yrs. hence, sup- ( 28 ) posing peace — on an answer to these propositions shall fix in my mind which to do ; but the distance being great, it will require some time to bring things to a conclusion. I shall write to J. H. 17. Matthias Aspden, London, to James Hartley. London, July 10, 1780. Dr. Brother — The receipt of your letter of few days ago of the first of May afforded me much pleasure ; it being the first that has come to hand since S'r W. Clinton's evacuation of ^ ^^ ^. I am exceedingly ple'd to hear that you are engaged in doing some little business, and sincerely wish the new firm much success, to whom shall very soon take an opportunity of writeing. Your information of friends in general being well, gave me much satisfaction ; with respect to myself, my health is tolerable, but situation much the same it has been — without an object — awkward you will suppose from this circumstance — and full as much so from not knowing in what place to fix — you will conclude that this is a state which no man who has a choice can remain in long. My next may know my mind more full on this head. I wrote J. H. the 20fh ult. via St. Eust. and on 28th via J^. York : have also wrote of this date to the Rev. Mr. W. Acquaint the former I am paying every possible attention to his affar in the north, and expect to write him soon of they being on a line of settlement. Make my love at home and remr. to all friends and relations. 18. Matthias Aspden, Bristol, to H. <^ A. Wallace, N. Y. Bristol, Sept. 3, 1780. Messrs. Hugh & Alex. Wallace : Gentln — I was agreeably favd. with yours of the 1st July, a ( 29 ) few days agoe, acknowledgesing receipt of mine of the 5th Apl. last, encloseing a letter for Philad. which I was glad to find you would be able to forward. I came down from London to this city abt a month agoe, partly upon some little buss, and partly to change the scene for a few weeks. Shall return soon, and wait for peace, that I may go back again and reside if possible in my old habita tion. Living upon an income arising from little property lodged in this country and not engaged in business — can say little to you on this subject. The strong confederacy of the northern powers indicate some thing of importance, whether a general peace or war, a short time will determine. Flattering myself that this will find you and family in good health, I remain Gentl'n. 19. L. Cowper, Bristol to Matthias Aspden, Whitehaven. Bristol, 19th October, 1780. Dear Sir — Believing from sundry circumstances that friend F. inclined to trifle with you, 1 am the more pleas'd to find by your favour of the 12th, that you had settled with him so well ; an es sential service to your relation. A letter forwarded to you on the 9th curr't is the only one to my care for you since leaving Bristol, besides two now to be enclos'd from T. Williams, as I think. Boston papers of later dates led me to suspect what you tell me has happened concerning yourself, which I am really sorry to find is become a most serious matter. Your mind of course is much exercised on this matter, and in no common suspence how to de termine whether it's better to return to America by April, or con tinue in a country which in my opinion you've no particular attach ment for, beyond the wish of enjoying that quiet w'ch the com motions prevailing in America when you left it denied you. Its true, the deprivation of your relation's society, together with loss of material property, are trying circumstances; yet if any igno. miny attends your return, by imputation, for no other can it be, I shoud incline to continue in England, lest the affairs of America ( 30 ) become thro' French policy or some other cause, more and more distressing. My br * * * has been wind-bound at Falmouth near 6 weeks, on his way pr pacqu * for New York ; he keeps good spi. rits, which I cou'd not support half so well on a voyage at this season of year, in time of war. I remain with esteem, Dear Sir, Your h'ble servant, Lancelot Cowper. Endorsed — -To Matthias Aspden, Esqr. To the care of Mr. Hartley, Whitehayen, Cumberland. 20. Matthias Aspden, Whitehaven, to Whitehaven, Oct. 21, 1780. Dear Sir — I rec'd your fav'r of the desiring to know the substance of some letters I had received from Philada. In answer, they were from different relations, who mention the proclamation of the Council of Pennsylvania, touching us and some other of our friends, as a measure exceedingly rigorous and unexpected. The encouragement they give me to return, does not appear general, but much as they have been back. With any, their opinion of safety must be matter of belief. And as you observe the times are to critical to trust a great deal to faith, let alone the circumstance of holding up the hand. I lament much the severity of our fate in this insfa., more particularly so, the case of some others. The business that call'd me here has detained me longer than I expected, but know of no thing at present that will prevent my setting put for London on Tuesday se'night, where I shall very soon see you after my arri val. In the interim join you most heartily in wishing better times and fairer hopes. I remain, Dr Sr., Yr Ob'dt H'ble Serv't, Matthias Aspden. ( 31 ) 21. Lancelot Cowper Bristol, to Matthias Aspden London. Bristol, 30 June, 1781. Dear Sir — Three days ago I met your favour of the 23d instant, and on the 28th, your trunk was forwarded, properly directed, by James's wagon, which inns at the Three Cups, Bread Street. Your present dilemma may properly be compared to a guinea, &c. on even beam ; I mean while you continue undetermined whether to remain on this side, under one consideration, or return to America, and who are capable to advise thereon ? perhaps the letters you expect from the other side may soon appear, and fix or assist your resolves on this head. Mr. Maskelyn of late has been in the country ; his partner, Mr. Williams, does not know the counsellor's name imploy'd on the late Mr. Griffith's affairs ; when Mr. Maskelyn comes to town, will know it, and advise in my next. Interim, I am, with esteem, Dear Sir, Your most h'ble serv't, Lancelot Cowpeh. Endorsed — To Mr. Aspden, at Mr. Maddox's, No. 3, Surry side, Westminster bridge, London. 22. Rev'd William White, Philadelphia, to Matthias Aspden, London. My dear sir — It was not till two days ago that we were informed of your resolution on the subject of the council's proclamation ; before ye rec't of this, you must have heard of ye extension of the time; on so delicate a subject it is difficult to advise; I will there fore only inform you that all who were in circumstances similar to yours, that is, who were called on merely because of their living under the protection of British authority, without having acted in arms, or taken a civil office, have been discharged on their appear- ( 32 ) ance before the Judges of the Supreme Court. Could any act be charged to you which might even wear the face of treason, I should be very clear in cautioning you against coming ; and if you cannot, on your arrival, entirely acquiesce in ye late revolution, it would be best for your peace of mind to stay where you are. I am much obliged by your attention to my affairs. I wrote particularly to Mr. Carr, last fall, by Mr. Hazlehurst ; we have heard of that gent'ns arrival in Holland ; so that I soon expect to hear from Mr. Carr, (thro' him,) of ye event of ye measures I have adopted ; in ye mean time, sh'd you see that gent., make my affectionate comp's to him. Mrs. White sends her love to you ; she and my four little ones are in good health — so is Your aff. friend, W. White. Philada. July 21, 1781. Mr. M. Aspden. P. S. There are two vessels sailing for Nantz ; this goes by Mrs. Montgomery in one of them, and a duplicate by Mr. Griffiths in the other. If a change of times will permit Mr. G. to visit En gland, any civilities you may be pleased to show him will be well bestowed, as he is a very deserving young gent. He is nephew to Mr. Powel. Sh'd Mrs. Montgomery be taken and carried into England, no doubt her sex, and your former acquaintance, will engage your at tention to her. Endorsed — Mr. Matthias Aspden, London. 23. Rev. Wm. White, Philadelphia, to Matthias Aspden, London. My dear sir— I just now rec'd your kind letter, dated June 25 last, and an immediate opportunity to Nantz, induces me to enclose an answer under cover to our friend George. I am sorry your apprehensions of returning were greater than the situation of affairs here rendered necessary. I wrote to you several times fiiUy on the subject, particularly by Col. Laurens, ( 33 ) who was informed of ye purport of ye letter, and desired not to destroy it in case of his capture. On hearing of his being taken, I presumed it would reach you, but suppose it failed from want of good nature in those who had ye handling of his papers. After wards I neglected writing, from an expectation of your having left England. From ye law principles said to prevail here, I believe that sh'd you hereafter return, ye attainder would not be considered as valid so far as respe'cts your person, because you left this state before the construction of the new gov't, w'ch was some months after ye Dec laration of Independence. I am told that a man tried for treason, was acquitted on this distinction, by direction of ye Court; so that it is probably the only loss you will sustain, is that of your house and store, as I understand from Mr. Hartley. Among many rea sons for wishing an happy issue to ye present negotiations for peace, is that of your return, w'h however had now be best delayed till that period. We are all much obliged by your kind advice to George ; with w'h I have been made particularly acquainted by a sight of your letter to Mr. Hazlehurst. You will be so kind as to communicate to Mr. Carr, such of this letter as shall relate to him. 1 rec'd a few weeks ago, his of June 28, 1781. He writes (as do also you) that ye £900 stock was left to my father, in case he survived Mrs. Weekes ; but if not to my 3 sisters. In ye copy of Mrs. White's will, sent by Mr. James, I find it thus expressed : " and at her (Mrs. Weekes's) death, I leave and bequeath to my brother T. W. £900, part of the above stock, at ye price it is at that time" — " and if my brother be dead before me, his part of ye above stock to be equally divided between my said 3 nieces." As the condition of my father's death before Mrs. White did not hap pen, it was ye idea of all concerned, that ye reversion of this pro perty was in him ; but sh'd this be a mistake, is it not a lapsed legacy, sinking into the estate of Mrs. Weeks ? I have informed Mr. Morris, and shall inform Mrs. Hall of this doubt. Mr. Carr wishes also information as to ye right of ye legacy of £100 to my sister Charlotte. I conceive a right to it in reversion, was in my father from ye time of her death, w'h was in Nov'r 1776. As to both of ye above cases, I must refer Mr. Carr to advice, as it is in his power to procure ye best ; for any peculiarities w'ch may attend funded property, are not known here. I do not expect that ye re maining property in the funds will be finally settled before ye accomplishment of peace, nor do I wish it ; however, ye sooner ye papers you refer to, as well respecting that as ye houses, are sent, the better. I am much obliged by Mr. Can's extraordinary trouble in ye above concerns, and by your attention to them. No doubt as Mr. 5 ( 34 ) Carr has been so kind as to indemnify ye purchaser of one of ye houses, he ought to retain ye money, untill ye release is signed; for ye residue as stated in ye acc't, I shall probably draw soon* except for what I have drawn, w'ch beside ye debts rec'd before you wrote, were one bill for £50, and one for £150 ; by a mistake, ye letter of advice intended for ye latter, was left behind. Mrs. W bite desires to be aff'y remembered to you. I have seen none of Mrs. Harrison's family since * * rec't of yours, other- wise they w'd join her. I am your aff. friend, W. White. Philad'a, Oot'r 'i ^1^^- Mr. Matthias Aspden. P. S. This is made a joyful day to ye whole country, by a rain which appears likely to be a settled one, an event w'ch has not hap pened for many months past. The country is parched to an un- common degree ; ye river is so brackish that they catch crabs at Gloucester. A fire has prevailed these two months in ye Pine barrens of Jersey, w'ch no art can as yet extinguish ; and a rock has been laid bare a few miles above ye Falls of Schuylkill, marked Anno 1772, from w'ch it is supposed yt a similar drought prevailed in that year. Endorsed — Mr. Matthias Aspden, to be left with Messrs. John & Robt. Barclay, Merchants, Cheapside^ London* 24. James Hartley, Philadelphia, to Matthias Aspden, London. Philad'a, November 20th, 1782. Dr. Brother — Since my last, I have before me your favour of 28 March, also 24 and 25 June, all which came to my hands a few days ago ; contents of which I duly note. Am well pleas'd of the cash you mention being in your hands, but expected the sum was greater, nevertheless am content. In my last gave you information respecting your house, since which it has been let, and the income for the use of the colledge, in which state, (as it appears) it will remain. I also inform'd you I. Shewill remain in it intill the commiss. took possesion, grounding himsellf upon a contract the ( 35 ) made with you, to live in it untill you return'd to America, rent free ; since which the commiss. has brought an action against him for rent, but cannot conceive they can recover any ; this is a matter we can say nothing. I make no doubt you have been surpriz'd that I have made no menshion of your place in Chester county, which I now can inform you. To my surprize, about two weeks ago, D. Alexander, (who has liv'd on it ever since you left,) call'd upon me to inform me that the commiss. for forfeited estates had been with him ; that the place was yours which he had just been inform'd by an assemblyman, and of it being forft'd ; that he must take notice of it, since which the commiss. was with nie, which obli'g me to say I had nothing to say to it, but pleaded your case with him, and of the favourable acc't Capt. Rice had given the council here of you, which appear'd to him to be very hard. I also inform'd him of a bond due A. Leaden, who was his near neigh bour. I imediatly gave Leaden notice, (as I also had don respecting the hous,) who call'd upon the commiss. respecting the matter ; since which I have not heard a word respecting the mat ter ; therefore cannot inform you what will be the event, but am fearfuU it will be sold, which is all I can say. This compleats all your estate here. This I must leave. It would give me much pleasure to be more explicit agreeable to your desire, which I must leave. I have made some enquiry respecting Capl. Allen, whose sister's children now lives in Lancaster county, in this state; and have information concerning the estate some time ago, and are endeavouring to procure such proofe as to recover it. I am much cblig'd to you for your care respecting H. Smith protest'd bill ; also T. Franks, as I cannot find it will be in my power to recover any part here. This debt was for the neet proceeds of 10 tun of barr iron, shipt per your ship N. ; proceeds about £150 st'g. Your care in the above matters, shall be esteem'd a particular favour. Mrs. Harrison and family is all well. I was with her a few d^ys ago, as is all our friends here ; and as to our friends in Jersey, Lanes you now formerly, is the same still ; his wife is well, and lives in the same place. I. Kay and wife and family well ; as to Benjamin's widow, she lives on a small place he purchas'd before his death, near the mill. Still out of Haddf 'd, and her seven children, viz. five girls and two boys, excepting the oldest son, James, who is prentice to a tanner at Woodberry, who appears to be a very pru dent deserving lad, and has about two years to serve. The hous and tanyard in Haddf 'd is let by the widow. Having mysel som care over them ; and I think on the whole, they all conduct well. As to myself, still continues in partnership with D. Potts ; and since my last, injoy a good state of health, as also my wife. We request particular to be rember'd to you. Mr. Cooper and family well, as is also Daniel and R. Rundle. Your old friend Wm. Mutrie, who in a few. days take unto him wife, daughter of Mrs. Gordon, near ( 36 ) Frankford. Isaac Wharton still single, and well. I could say much more to you respect'g matters, but must leave to future, when I make no doubt, things will appear in such a light as to give you better satisfaction respecting my conduct, for a breast of greater attention to serve you cannot exist, and remain with much esteem, your most sincere and Affect, brother, James Hartley. Endorsed — To Mr. Matthias Aspden, London. Forwarded by y'r h'ble serv't G. H. 25. Matthias Aspden, London, to James Hartley, Philadel phia. London, Decem'r 12, 1782. Dr. Brother — In hopes when this letter reaches N. York, there will be little difficulty in its getting to Philad, I wrote you a few lines to say to you I am well — and to acquaint you that every thing here just now, has the flattering appearance of a speedj' and gene ral peace. Perhaps the packett is only detained for the final con clusion of it, to carry you over the news. Should it not be the case, I will doubt the issue of what is going forward. There are passengers in the packett, I am told, for Philad. The gave themselves no trouble to let me know the were going, tho' I believe the knew me ; so that I had not an opportunity of seeing them, or should have wrote more generally. Tell Mr. W, his let ter was recei'd and a copy of as much as he desired sent to Mr. Carr, and that every attention will be paid to the contents of it. Be candid, and tell me in your next, whether a person who formerly lived in Philad. can return and live with comfort in it again, know ing in what hands power must rest, and being disposed to conduct, himself on fair and honest principles. In a word, what protection is the person and what security the property ,of the subjects in much or little : be circumspect in yt order for goods, yt country is only look'd upon as property, and the people so much as the can be turn'd to ans. Tell my sister W. that I had a letter from George a few days ( 37 ) agoe, when he was well. If peace takes place, expect I shall see him soon in England. Write me fully in your next, on the subject of return. The manner in which I have wasted the prime of my youth here, has been grevious, tho' not to be help'd, as I was circumstanced, there fore do not reproach myself; nor do I expect if I return to America, I can lead a very pleasant life. Comfort I believe is not for us in our day. Make my affectionate remembrance to all relations, ^c. I am y'rs affec't, Matth's Aspden. 26. James Hartley, Philadelphia, to Matthias Aspden, London, Philad. January 8th, 1783. Dr. Brother — I herewith inclose you'duplicate of my last, since which am without any of your favour ; and not having any new matter to communicate to you, therefore must inform you that every thing remains as I have alreddy wrote you. As there has nothing been said or don respecting your planta'n since, therefore must leave for all other informashion to those persons you should hear of that may happen to come from this place amongst you. Mrs. Harrison, Mr. White and family all well, as is all our friends here, also in the Jersey. Most sincerely wishing this may find you in a good state of health, as it leaves us, in which my wife joyns, with request to be remember'd to you (being all my family,) and remains with all due attenshion, your most sincere and Affect, broth. James Hartley. N. B. I have omit'd to inform you of the death of Jeremiah Warder, sen'r, on the 4th instant; also Charles Meredith the same day. AH the rest of our friends well, par. Mr. D. and R. Rundle, old Mr. Dechea, S. Shewell, &c. Having prevail'd upon Cap. R. Shewell, commander and owner of a large ship bound from this port to France, to take charge of this, and on his arrival, to for ward it to you perhaps. I. Kay, as I was in Jersey a few days ( 38 ) ago, being well, and wife having since you left us, in the family way increasing, have now 9 or 10 children. But since the troubles, have increas'd his forten : but for my part, have rather decreas'd, owing to paper money, which by law 1 was oblig'd to receive when greatly deprshiated, but hope to make it up in a long run. 27. Lancelot Cowper, Bristol, to Matthias Aspden^ Bath. Bristol, 5th February, 1783. Dear sir — Altho' concious that I had not, and in the belief that none of my family ever deviated from the respect you've a right to claim from us, yet I was somewhat uneasy until I rec'd your last favour of the 31st past, lest from a wanton turn of some person or other, unjust impressions had latterly been attempted, at the ex- pence of truth, &c. ; however, these sugestions are dispell'd by your being satisfied on the matter hinted in your former favour, dated 27th of last month. I note that you have in contemplation purchasing a vessel and to accept freight for America by and bye: Capt. Smith has in form'd Mr. Beddome his hying a ship in London which is allready up there for Philadelphia. As such, conclude that a clear path is struck out, suppose by mearis of passports granted by Dr. Franklin, &c. Also safe ones from above. These matters 'perhaps you are apprised of from Londofi friends. Mr. Joseph Smith, as I am in formed, has purchased an elderly ship of about 160 tons, which is intended for * * * York directly, suppose partly on freight, (the terms I know not.) Many inquire to know if any vessell is soon intended from hence to Philad. The chief are in the window glass way, with others who have orders, and pretty liberall ones, from Mr. J. Warder and Qthers. My answer to such inquirers is, that as soon as the way is clear to send goods for Philadelphia apprehend a proper vessell may offer. These things I throw before you to shew the expecta tions of a trade to Philada. being sooner than you seem to think, when you mention five or six weeks to know whither a proper ves sell offers on your plan. At present I know no such as you men tion, and jiidge it material for you to know the freight offerir>g with the terms, &c ( 39 ) Queens ware, with sundry bulkey articles, (to be well purchas'd here) no doubt will afford dispatch, even for a pretty stout ship, in case one shou'd put up here, more than 1000 boxes of glass being intended. I've considerable orders from the Paschalls & Mr. Hillburn, but dare not ship 'm before I hear from said gentlemen. Enclos'd are inventorys of three of five Vessells for sale soon ; the brig Colombo seems a clever one. Please refer to the remarks made on inventory, by Dear sir. Your h'ble servant, Lancelot Cowpeh. Endorsed — To Matthias Aspden, Esq. Grove Coffee House, Bath. 28. James Hartley, Philadelphia, to Matthias Aspden, London. March 6, 1783. Dr. Br. — Having wrote the above,* and expectfed Cap. Shewell would sail'd immediately, but the winter having detained him, since which have wrote you several letters in February, informing yon that as 1 still am in partnership with David Potts, firm of the hons Hart> ley & Potts, that if any of your friends or Self have any commands in the commission way here, shall be glad to render you or them any service in onr power, as we have great talk of peace taking place. I must now inform you that every matter remains the same. In my last desired you to purchase for me three state lottery tickets, on the best terms you can, informing me the amount, also the num^ hers, being for self and others. Hoping this may find you in health, as it leaves me and mine, who joyns with much sincerty. Your most affect, bro, J. HARTLEt. I have never had a line from you since June last. * See letter dated January 8th, 1783. { 40 ) 29. James Hartley, Philadelphia, to Matthias Aspden, London. Philad. July 8th, 1783. Dear Brother — Having Wrote you several different favours, and in my former, pr. Cap. Faulkner, to him I particularly refer'd yod. Your last to me of 2 April I duly note, and am much oblig'd to you for the particulars therein menshioned, since which and on the arrival of Cap. Smith, who has met with som difficulty here as he had som thoughts of returning to settle here, but we having a new committee here, in order to examin into all persons that should re turn here, who have been livers among us, to him I also must refer you, as he has been call'd before them several times ; and som who have left us several years ago, and now return'd, have been call'd upon and oblig'd to depart in this and other States ; therefore, al tho' I should be extreemly glad to see you, cannot recommed to you to com here immediately. And as to your planta, it remains the same, also your hous herei, and the States receiv'd the rent on the colledg. But Leaders affair remains the same, as there has been no talk of sale of any part of your estate. As to trade this place, I think, never was so over don ; we have a great number of vessells here, some of which must depart in bal- lace as all our produce is very high, altho' there is now as great a harvest as has been this many years. We have many ships here, and som very large from different places, Holland, Sweedland, Russia, Prusia, and almost all parts, — therefore all kinds of goods are plenty here and lowe, partic. dry goods, I must confess as your inclinashion is for America is rather hard, as we have still a few hott people among us which I hope will shortly becohi more cool, tho' I am assur'd you have many friends here and woold be glad to see you, even among these people. I have also your fa vour with Bewick & Maurgre inclosing me a Power of Attorney, which came to my hands a few days ago. I find that Benjamin Fuller and the widow of Stocker is execu., but it is impossable to recover any English debts here at present. I have been with Ful ler who has promis'd me to examin the acct,, and shall do the utmost in my power, which I have wrote them. The mode of send ing me the power was very expencive, I got it from our post office, who oblig'd me to pay 28s, sterling, — the sum here paid was 46s, 8d. curr., this you must think was very ext. You may de pend on it I shall do every thing in my power to serve them, this you may be assur'd shall be my utmost care and attention in all matters that shall come under my notice. Sincrly wishing this { 41 ) may find you in perfets state of health as it leave us, in which my wife desires to be rem'd. And am, with esteem. Your most aff. B., James Hartley. Coram, flour 25s. a 26s. pr. C. Wheat 8s. a 8s. 6d. iBarr iron £28 pr. tun. Pipe staves £16 a £18 pr. M. but have been a £25. Hhd. Do. £6. Barrels £4. Headg. £10. iPine bords £6 a £7. Seeder bords ditto. West India rum 4s. lOd. a 5s. Molasses 20d. Muscov. sugar 50s. a 60s. pr. C. Loaf Do. 13 a 15d. Coff, 13d. a 15d. pr. lb. Cocoa £6. Cotton 21 a 2s. Bills of Exchg, on London 66 a 67^ pr. C. Pork £5 pr bbl. Gam. lOd. Liverpool salt 21d. a 2s. Lisbon D. 20d. 22d. Beeswax 20d. 22d. In your last you menshion of writing to you at Mr. Aspden, but cannot find out his first name nor where, so blotted. Endorsed — To Matthias Aspden, Merchant, London, pr. Cap. Smith. 30. James Hartley, Philadelphia, to Matthias Aspden, London. Philad,, August 28th, 1783. Dear Broth — Since my last pr. Cap. Smith, I have before me your favour of 4 June, covering B. Baynton draft on his Brothers. Immd. on receiv'g this I called upon one of them (the other being oijt of town) who seemed much oblig'd to you in letting him have the money, but that he could not accept it untill his brother came 6 ( 42 ) home, which would be in a few days, and that he thought the mo ney would be paid, since which they have both been out of town, and fearfull will not return for this opportunity, but you may de pend, shall endeavour to get the money if possible. I am also much oblig'd to you for your attenshion in ship'g the sail cloth which at that time appear'd to be the only article likely to sell to a profit, since which great quanties has arriv'd from al most all quarters, and little ship building going on. Nevertheless am in hopes shall be able to save myself, such is the state of our market ; and as to riggen it is now selling a 45s, a 50s. pr, C, this is owing to strangers, and the case at present with all other goods. Have no account of the ship as yet, but make no doubt of her arri val, when shall act with much attention upon any matter that shall come under our notice. I am also greatly oblig'd to you for the porter, dec, and shall act agreeable to your desire. As to what you say respect'g purchasing vessell, which I think was luckey as this port never was so full of vessells, and produce high, and your opinion respect'g them I think is very just. You observe my letter was silent respect'g restitushion, this is not in my power to say what will be the event ; matters concerning yours appears favourable as I have already inform'd you ; the State ne ver attemt'd to sell any part of yours ; the plantat'on I was fearfull thay would, but have not, neither have thay gave themselve any trouble about it, or me ; at first the commiss, for Chester county ordered D, Alexander to pay him the rent, but nothing fur ther has been don, — the hous was orderd to be let and the rent given to the colledg. And untill the Treaty of Comm, is fixt, and the Brittish troops left York, and the minds of the people comes a little more settled, I hardly think any thing will be don on that head. Mr, Penn is now here and lives with John on Schoolkill, I can not give you any incoredgment respecting returning at present. Yesterday I spoke to J, Harrison to write you his opinion on that head, also Mr, White, and has assur'd me thay will write you. The Committee which I menshion'd to you in my last still contin ues, what will be the consequence, as the Assemb, is now met respecting those matters, I cannot say, but am fearfull little to be expected from a set of Pris, As there is no vessell here bound to Bristol have inclos'd youT, Frank sales and account, attested here with the city seal, (conclud, before as the sales must appear in his books would be suff. ;) ne vertheless shall write L, Cowper pr, first oppertunity, which will be shortly, and send him a copj' in the same manner; this you will please send him or act as you please, Mrs, Harrison and family well, and all the rest of your friends here, Mr, Cooper and family. ( 43 ) Sincerly wishing this may find you in a good state of health as it leaves us, in which my wife desirs to be rememb,. And remain, With much esteem, Your most affec. Brother, James Hartley, N. B. I make no doubt was you here you would find many friends even among the W'g party ; as I cannot find any one here has any thing against you only your residing in England, as som of them has profest to me that they would be glad to see you — but such has been the times in this country that it has been hard to know friends som here thinks there is hardly gra. enough lef in our autr'y to make restitu., but I cannot think so. Those that has left, and have been acting, I believe never will have any here ; but in youre situashion, after all is settl'd, I think will, at present there has no appearance of any good upon that head. Dr. Wm. Cowper, who formerly liv'd in our neighbourhood and was orderd from here som years ago, and family, having a letter from him a few days ago, dat'd 5 instant, Nantucket, informing me of his intenshion of settling in England, and that he should sail from Nantucket in a ship about the first of next mo. for England, his wife and her sister ; if you should see them please to rememb. us to him and fam'y. Please to tell me in whose hand you chuse to have your letters left with in London. In one of yours you men shion Mr. Aspden, but it was so blotted I could not find it out in order to direct. It would afford me great pleasure to take you by the hand here, but cannot dictate to you what to do, yet cannot help thinking you might live very peacable in this county, as your old friend D. Rundle does and is well — and am, as usual, you aff. B. J. H. I should be glad to be informed what Crawley blisterd steel could be purchas'd for by the quantity, also, T, Crawley, No, 3, as we are in that way. Please to purchase for me the inclos'd list, and ship them on board the first vessell for this place, the cash for which shall be transmitted you — thay are for my partner, whose wife, Mrs. Potts, will kindly thank you for your particular attenshioij as she would be glad to have them neat and fashionable. Our D. P. having sora effects in the hands of Wm. Roche of Nantucket, which money will be in London, and will be orderd into your hands, which he expects is in the ship Cowper. Yours, &c. J. H. Endorsed — To Matthias Aspden, Merchant, London, pr. Capn. ' Frost. ( 44 ) 31. James Hartley, Philadelphia, to Matthias Aspden, London. Philad'a, Septemb. 1783, , Dear Brother — Since my last, 28 Aug't, I am favour'd with yours of 18th June, covering inv. and bill lading for 109 p, canvis, which is come safe to hand, at the time 1 order'd. It appear'd the best article, but from the large quanti'es that has arriv'd, I could not have a worse ; nevertheless am in hopes to make my money, I have also receiv'd your kind present of cheese and porter, in good order, and distributed them as they came on shore, agreeable to your desire ; and are greatly oblig'd to you as is my father, who desires to be rememb'd to you with many thanks, who are all well, Mr, W, and Mrs, H, I expect will write you, and are all well, I am much at a loss respecting business, as it is impossiable what article will do, or what trade to pursue, untill the treaty of comm; is fixt, which we are looking for. If I had order'd steel particu' lar T. Crowley, No. 3, and som blister'd, it would have don, (as we are in that way,) but expected there would have been great quanti'es. We have given Truxen £4 p. fagot for this sort, which he says cost him 36s. Those ships must make great freights ; but the cask porter, I think will be a bad article. He tells me he intends to send his to N. York. Magness Miller who is now herei and G. Emlin, have a ship just arriv'd from Bristol. She is full. George tells me all the owners has on board is 80 or 100 grin^ stones, which he demands first cost and all expenses. He is full upon freight at Is. 9. pr. foot, and 3s. 6. pr. hundred on nails, lead, &c. paid in Bristol, and I believes intends back. We have purch'd som sheet iron come in her, which is in our way at 90s, pr, C, From this you may see in what manner I have mist it ; also shott that came in those vessells has been sold at 55s, a 60s, pr. C. by the tun cash. These are matters of fact, which will per haps not be the case next spring. I have also made som enquire respecting ship building here. As to red sceeder and live oake, there is non at present, but all oake. The price here is from 6 a £7 pr, tun, with all other bills as formerly. The smith bill 9 a 9^ pr, C. but this you must observe, bills exch'g 72| a 75 pr, ct. As to what you say respecting myproduceing one of your letters, which at that time I produc'd to Mr. White, is not the letter you perhaps may alude too, therefore make yourself easey upon that head, as it cannot affect you. In my last, I inform'd you every thing in my power respecting (with prop.) your estate here, as to restitushion. This ( 45 ) is not in my power to say what will be the event, as our assembly has made no alterashion, nor do I expect will, untill the Brittish is left and treaty sign'd or fixt. Matters concern'g yours, appears rather favourable, as you have been inform'd, the state nev'r attem'ted to sell any part of yours. The plantashion I was fearfull thay would, but have not ; neither have thay gave themselves any trouble about it, or me. At first the commiss. for Chester county order'd D. Alexander to pay him the rent, but nothing further has been don, nor I believe no rent has been paid. Your hous was order'd to be let, and the rent given to the colledg here, which thay receive ; and untill the treaty of comm, is fixt, and the Brittish troops left N, York, by which means the minds of the people will get more settled, I hardly think any thing will be don on that head, I have also yours of 27 June, covering a form of affidav't, which I shall get accomplish'd, and forward Mr, Cowper pr, first opportu nity, which I am greatly oblig'd to you for, I am also favour'd with yours of 4 August, with the state of my account. Your ledger shall be forwar'd pr. first opportunity, agreeable to your desire ; and acknowledg your care respecting the tickets. Mr. G. Fox return'd here a few days ago, with R. Shewell, from Lisbon, after a long passage. He was with me, and inform'd me of the pleasure of your company in London. Many of your old acquaintance here, even among the w'g party, appears as if thay would be glad to see you, particular Benj, Eyrs and others. I have frequently'menshion'd to Mr. White and Harrison, to give you their opinion concern'g return. For my part I ain at a loss what to say. I cannot conceive but what you might live very peaceable here, but think it would be best to see matters settled here first. Abraham Leaden upon your estate being taken, I immediatly in form'd him that he must apply to the commiss, respecting his bond ; that he might depend on never getting the money if the estate was lost. He apply'd to them in Chester county, who gave him for answer, perhaps he might be paid when the estate was sold ; and as nothing has been don, he was with me last week for adv. I could not give him any, but request I would menshion it to you, which I promis'd him I would. I have got Mr, Baynton's draft accepted, upon condishions that if it should not be in their power to pay it when due, that it may lay a few weeks longer, as thay expected to receive a sum of money, but was uncertain of the time. This I conceive was better than noting it for protest. I have in my former menshion'd to you of a great number of ves^ sells here, and that it was impossiable to conceive what they would load with ; to your surprize, many has lumber, such as staves, boards, &c. Som has taken in 100 cords of fire wood. Oake is now sell'g here at 28s. and hickory at 40s. pr. cord. We expect, if not by this the next opportunity, to forward you som bills or cash, and that our house will write you in answer to yours. ( 46 ) Inclos'd you have the state of our market, and believe me to be with due attenshion, your most sincer and effect, br'r, James Hartley. Original pr Cap't All. Duplicates. Please to purchase for me the following articles, and ship them on board the first vessell for this place — the cash for which shall be transmittingd you. Thay are for my partner, whose wife, Mrs. Potts, will kindly thank you for your particular attenshion, as she would be glad to have them neat and fashionable. And D. P. having som effects in the hands of William Roche of Nantucket, which money will be in London, and order'd into your hands, which he expects in the ship Cowper is in. 2 Pair of elegant plated candlesticks, large. 1 Pair fashionable lady's paste buckles, at about 3 guines. 1 Set plated casters. An elegant Damask table cloth, 4^ yards in length. 48 Yards best yellow worsted furniture. Damask. A fashionable plated tea urn. A pair of handsom snuffers and stand of polished steel. Also for your humb. sv't J. H. 1 Quart, strait tankard, plated, ) .., ,. , 1 Pint, ditto, ditto, ^ 1 Tea pot, fashionable, 1 Slop bole. 1 Sugar dish. 1 Cream jug also. 4 Salts. Fashionable, Which will much oblige your Aff. B. J. H. Copy pr. Cap. All. Endorsed — To Matthias Aspden, Merchant, London. Pr. Cap't Truxon. ( 47 ) 32. Jos. Harrison, Philadelphia, to Matthias Aspden, London. Philad'a, Oct'r 17, 1783, Dr. Sir : I wrote you lately p, capt. All informing you of our having rec'd the cheese, &c, for which we return you our best thanks, I am very sorry to say that at present I can see nothing that can pro mise you the tranquility you might wish on your return to this country. The definitive treaty will produce measures that will either forever bar it, or else restore you to the priviledges you once enjoy'd here — your property excepted — which I believe will never be given up, in consequence of a late act of parliament impowering commissioners to investigate the loss of the loy alists, for the purpose of indemnification, I will endeavour to ascertain and fix the amo, of your's in such a manner as will entitle you to the benefits of the said act tho' am surpris'd you never wrote for such valuation. This is done by many similarly circumstanced, with regard to confiscation, I have sent this fall for goods to your place and intend to enter into as extension a line as possible, I must therefore call upon you for your assistance in promoting it. You had some valuable connections in the West Indies and elsewhere, when you resided in Philad'a, you w'd oblige me much by recommending me to those houses to do their business here. I should make it my study to do every credit to your recommendation ; and shall at all times flatter myself with your assistance in any way that may promote my interest. I can have a connection on your side the water for the purpose of keep ing a vessel in the London trade. Do you think it advisable — and would you interest yourself \ in such a concern ? Be pleas'd to forward the enclos'd No. 1 ; the other keep with you till George visits England. My mother and the rest of the family, beg to be remembered. I am. Dr. Sir, Affect'ly yours, Jos. Harrison. Endorsed — Matthias Aspden. ( 48 ) 33, James Hartley, Philadelphia, to Matthias Aspden, London, Philad. October 18th, 1783. Dr. Brother: Herewith you have duplicate of my last, since which I am with out any of your favour. I have agreeable to your desire, deliv'd to my neighbour, Thomas Dickason, who is going passenger with Capt. Truxon, your ledger, who has been so kind as to take charge of it, and put it in his chest. He is one of the hous of Champion & Dickanson, London, where you may enquire (it is called a book), Not having any new matter to communicate to you. Mr White assures me this day, he would write to you being all well. I have taken the pains to take a copy of your ledger, so far as it extends to any matter on this side the water, also entered som other mat ters in it so far as is p, ; sincerely wishing it may come safe to hand. You have also the state of our market, and refer you to my last for all other matters. Believe me to be with great attenshion your most affect, brother, James Hartley. 34. Memorial of Matthias Aspden, to Commissioners of American Claims. To the commissioners appointed by Act of Parliament to enquire into the losses and services of the American Loyalists, The memorial of Matthias Aspden, of the city of Philadelphia, merchant, Sheweth — That your memorialist is a native of Pensylvania, and the only son of Matthias Aspden of Philadelp'a, a considerable merchant, on whose decease your memorialist became seized in fee of a plan tation in Newtown township, in the county of Chester, containing one hundred and sixty acres of land or upwards, with sundry suita- ( 49 ) ble improvements thereon. And also to a lot of ground, situate in water street in Philadelphia, extending to and adjoining on the river Delaware, on which was erected a substantial good dwelling house, wharf and warehouses, and on which premises your memorialist resided ; and to other small estates in the Jerseys, which he dis posed off early in the year 1774. And also to a considerable personal estate to the amount of That your memorialist on the breaking out of the troubles, in the year 1775, was .settled as a merchant in Philadelphia in the most respectable line, and among those of the first credit and capi tal in the city, his business yeilding him upwards of two thousand pounds sterling p. annum. That your memorialist attach'd to the Brittish government, quitted America and came to England, in the year 1776, leaving behind him debts, including the plate and furniture of his house, to the amount of and upwards. That your memorialist since he hath been in England, hath lived without any allowance from government at an unavoidable and considerable expence on monies arising from the sale of dif ferent vessels sent to England in the year 1775, in conformity to an act of the sixteenth of his present Majesty, " entitled an act to prohibit all trade and intercourse with the colonies of," &c. and the cargoes that those vessels were laden with, in the sale of one of which, in the port of London, he was a sufferer to the amount of several hundred pounds. That your memorialist hath hereunto annexed a valuation of the house and plantation described in this memorial, which hath been made and affirmd to, by men of known character and integrity. That your n>emorialist hath been required by name with others, in a proclamation, bearing date the 27 day of July 1780, [issued by the executive council of the state of Pensylvania, under the autho rity of an act of the state, giveing them certain powers for the purposes therein mentioned ; " entitled an act for the attainder of divers traitors if the render not themselves by a certain day,"] to appear by the first day of Aprill 1781, to take his legal tryal "for having adhered to, and knowingly and willingly aided and assisted the enemies of this and the United States of America." That your memorialist refuseing to obey this proclamation, and also to appear to an act of the state that afterwards was passed and extended the time in the proclamation to him and one other there in named, for the further term of nine months ; hath incur'd the pains and penalties set forth therein, to wit, the forfeiture of life and estate ; the latter as far as relates to real property haveing already been apply'd sometime to the public use. Your memorialist therefore prays, that his case may be taken into your consideration, in order that under your report he may be 7 ( 50 ) enabled to receive such aid or relief as his losses or services, may be found to deserve. And your memorialist shall, &c. Remarks on the foregoing memorial. If he had said £5000 car'y instead of upwards of £2000 sterl. p, an'm was yielding him by his business, he does not doubt he should been justified ; of this he supposes Mr, John Close, who uses Batsons Coffee House and lives on Tower-hill, and whose son was in his compting bouse in the year 1774 and 1775, might speak in general terms ; but other data of it can be furnished. 2dly. If he had not been attach'd to this government and opposed to the revolution, it is not reasonable to suppose he would either have left America his native country, and all the nearest friends and conections he had, at the early period he did ; or if this had been his determination, that he would have come to England, when there where other countries to which he might have gone, and been certain of meeting with a friendly disposition both on the part of the people and government, particularly France, where he could have placed (had this been his motive for leaving America) any property he might have in Europe, or might receive from America to as much advantage and safety, as in England ; and this he adds that had he been a revolunist or disposed to countenance the same, he certainly should have done. But every proof of his uniform attachment and fidelity to this country, can be furnished ; if any greater need be required, then his being on that account attainted of high treason ; and his life and estate forfeited, and the latter very soon after seized, and part appropriated to the use of the college of Philad'a. 3dly. With respect to the property he has derived his support from in England, he thinks it necessary to observe, that it was no purpose provision, but centerd solely from the operation of the pro. hibitory act, which forfeited all vessells found in American ports after a certain period or elsewhere, if own'd in that country, which occassion'd much the greater part of his capital from the line of business he was in, to centre in this country ; and here he might remark his being placed from his situation on very different ground from those whose estates vested solely in the country, who could avail themselves of the proclamation issued by Sir Wm. Howe, in fav. of those who remained peaceably on their estates ; or that the saw no certainty of protection and therefore, were not bound to abandon their estates, a plea held justifiable by the ablest writers on the duties of allegiance. Part of the property he had in England, was vested on his first comeing in the employment of a ship in the West Indie trade, merely to serve the master who had been in his employ in America; < 51 ) and also another young man whom he bro. with him at some ex- pence from America, and was also in his employ before the war, and whom he sent out on master's wages in this vessell, untill some thing better could be done for him, the former mate being retaind. During the time these persons were in his employ, the one two, the other three years, Mr. Lancel't Cowper, merch't of Bristol, can testify both as to his motive and that he did not derive as much advantage from the same, as even interest for his money ; and also if he had not employ'd them at the time he did, that it was more than probable the either must or would, from the reluctance there was in.England, both to underwrite and give the comand of vessells to natives of A merica, have gone back to that country to have got employment there. Some other part of his property, was early invested in the funds, and some lay in private hands, at four and five p. c. but the whole became invested in the funds, sometime before the peace, a period far from flattering, from a doubt in the minds of many, that a continuance of the war would give them an irrecoverable stroke, and which there is to much reason to suppose would have been the case had it not been for the success of Lord Rodney. Now the mite might been small, it must be allowed it was doing the nation some service at aa interesting period, and justly strengthened his claim for a consideration on account of his other losses. 35. Matthias Aspden to ¦ Dear Sir : , ^ I wrote a few lines from Philad'a pr. the packet, acquainting you with my arrival, the which I expect you must look for, and tho' have said something more than I did, on the subject of my situation, and the stay I was likely to make, had I been more fully acquainted with it when I wrote. But it was not until a few days after, from a closer conversation with some friends, I was led to doubt I had been deceived in the the construction I had put upon the treaty ; and took a friend with me, and and went to a lawyer the most likely to be candid, and also inform how the treaty was understood, and gave a state of my case in writing, desiring to know whether I was protected under fifth or 6th article of same. ( 52 ) When to my astonishment he told me that the practice of thecourt in conformity to the opinion of the judges considered no person as protected by those articles where judgment had gone again them, (or in other words, that where in my situation) and to be more plain with me, he told me that he knew the judges had it impress on their mind as a duty to bring the question to an open issue ; and that directions were given to apprehend a person in Chester coun ty, or was understood to be there, who stood directly in the predi cament I did. Or if he was not taken, perhaps might be intended as an intimation, that I might be considered as a suitable person to make this matter notorious to the world. Posses'd of this information) and also some belief from what I had heard that a person had suf, fered in Chester county, since the peace, were the treaty ought to have protected according to the I had of it ; and under which 1 left England. And that another person last spring, again whom judgment had gone, before the treaty was sign'd, had been taken up, and order'd by the court which was then setting for execution. His friends i mediately applied to the governor for a reprieve untill the sense of the House of Assembly could be known. This was done, and without considering the man, as any way protected by the treaty, the confirm'd the order of the court and directed that he should be executed. You may suppose I would not feel very easy in this situation ; on the contrary, it was distressing; and led me imediately to go to Burlington, where I might avail myself of an act pass'd in Jersey, giving liberty to all persons to come and settle who had been no guilty of no act of wanton cruelty. Here again I took the advice of an able lawyer, who told me I had nothing to apprehend from the state of Jersey, unless the governor of Pennsylvania should demand me, in this case he believed from the terms of the federal treaty that the state could or would pro tect me. Here I made a few days stay ; but still finding myself under no real security, I went to New York, determining to embark for France in the I'Orient packet, which I sh'd have done, but the Atlantic, ship commanded by captain White who bro't me to Europe when I left America before, being hauled off into the sream to sail the next morning for Lond., I concluded from this circumstance, and the tye of language, to take my passage in her and am now where the date of my letter tells you ; or in the words of Mr. Hartley, to his constituents at Hull, speaking of the loyal ists, return'd again to the oppressing power for shelter. My friends in Philadelphia in their letters to me meant well ; but did not enlarge so much as the ought to have done, which lead me to consider myself as absolutely protected for a year by the treaty ; and under this conviction, I thought it in some degree a duty in cumbent on me to go to America, to use my endeavours to get my property restored to me, and a few weeks before I sail'd I wrote to the comissioners I was going personaly on this errand and ( 53 ) should take the earliest opportunity of letting them know the result, which, with respect to property, I pretty well could guess before I left England, and believe I so express'd myself to you, and indeed might have known from some of my countrymen the real ground on which things stood, and been saved this perilous and anxious jaunt ; but wether it is that I have a little independancy, and the have not, that has occasioned their showing this distance towards me ; or what else it may be, I know not, but most cer tainly I found no friends among any them, which would not but heighten the very uncomfortable life I bad lead England for seven or eight year, and at last to find myself ensnared to death from in the face of a public treaty was giving the full completion to a man sufferings — and how my lot will be cast now I know not — or which I shall turn myself — but happy should I be if I could form some little attachment and home, where I could be useful member of the community, and at the same time enjoy life with some little degree of satisfaction in the remnant I have left. 36. Mem. of account of Joseph Shewell. Joseph Shewell for rent, &c, of Matthias Aspden's house in Water st. From May 1st, 1776, to May 1st, 1779, is 3 year, a £40 £120 0 0 Interest from May 1st, 1779, to May 1st, 1784, is 5 year, at £6 pr ct. 37 0 0 ^ £157 0 0 From May 1st, 1779, to Ap'l 1st, 1781, is 1 year 11 m'th, a £80 £153 6 8 Interest from Ap'l 1, to Ap'l 1, 1784, is 3 year, a £6 pr ct. 27 12 0 £180 18 8 From Aprill, 1781, toJan'y 1, 1782, is 9 months, at a £150 pr an'm 112 10 0 Interest Jan'y 1st, 1782, to Ap'l 1, 1784 is2yeari, a£6 prct. 15 3 9 £127 13 9 Due Ap'l 1,1784, £465 12 5 ( 54 ) The above is a copy of the account rendered to Joseph Shewell by James Hartley, half-brother and attorney to Matthias Aspden, the writer of this, who let the house to said Shewell in April, 1776. When I, the owner, Matthias Aspden, was embarked on board the packet at New York for Falmouth, from which copy furnish'd by said Hartley to me, Matthias Aspden, soon after my return to America from England, in Sept'r, 1792, this copy is taken. 37. James Hartley, Philad. to Matthias Aspden. Philad. April 21, 1784. Dear brother — I have before me your favour of 30th Sep., also 8th Octo. handed me by Mr. Stocker, who did not arrive here un till the latter end of March, being blone of and oblig'd to run for St. Kitts. ; contents of which I duly note. Your care and attention respecting us in the trading line I am much oblig'd to you for ; and as to your thoughts of fixing yourself for trade, was 1 in your situ ation, as you must have a sufficient incom to live upon, I should chuse to see matters settled before 1 was determin'd. I cannot help observing your inclination is for this country, which I have frequently said to Mr. White, and have always been of opinion that was you here, and by proper application your estate would have been return'd to you ; but that it was not his opinion, alledging that it was making an example for others ; not that they have any matter against you, which I believe now he may be right. But for me to advise on this head for a line of conduct, I cannot ; but as my opinion, you might live here peacable, which I should be glad to see. I have also yours of 17 and 24 Oct'r pr Robeson, contents of which I duly note. Agreeable to what I formerly wrote you, that the evil of the day will be don away in time, and by degrees, for we have now here many of the proscribed persons, even som who have been in an active line, and very little talk of them ; this has not been your case, which makes me think you might live very peacable in thi^ coiintry, even suppose you pay no attention to your «state here. I have receiv'd part of Baynton's draft, and expect shortly to get the rest; this I did conceive was your intrest, and as it comes into my hands, you will have intrest for it. As to the canvis, I was well assured that it was purchas'd upon good terms by yoi^, for som people had the same charg'd 2 a 3d pi: yat'd higher; ( 55 ) but an overstock made the glut ; the worsted damask our D. P. has receiv'd, and is pleasing, altho' the ship did not get up to town un till the middle of March ; we have had a very remarkable severe winter ; our river fasten'd about the first of January, and never broke untill the 12 of March ; having heavy snows, fire-wood from 10 to 16 dollars pr cord. I am also favour'd with yours of 3 Dec'r, and am glad to find the book is com safe to hand ; 1 observe of your writing, A. Leaden, as I have already menshion'd to you, that as he lived in Chester county, I inform'd him, if he expected to get his money, he must apply to the commiss' for forfited estates for his pay, which he did, but as thay never attempted to sell your place, he never push'd the matter ; but if you are to loose your estate by our laws, the same law, upon proper application, is oblig'd to discharge those debts ; but our rulers does those matters as they please ; but to give him much incoridgment of paying him, and as thay keep your estate, I think it hard upon you. It has always appeared to me, that it has only been the voice of a few leaders to have touched your estate. I menshion'd the matter long ago to J, Shewell, who have promis'd me he would settle it, (Although we are on good terms, to our selves, am convinc'd he is a r, g,) as I have menshion'd to you to you of his declaration to our council, that he took it by agreement with you, to live in it rent free, until you return'd to America. This is an argiment he has attempted to make use off with me, but it would not do. Altho' I made agreement when he first took it, at £40 pr year, on your abating him £10, if you thought it was too high for a year; and if you did not return, and rents rose, to be also rais'd ; this he then agreed to, and as rents rose, I gave him notice from lime to time, to pay as others did, but could get no money, neither could get any positive answer since I first let it, and as you was liveing in England, was oblig'd to be very peacable, and when it was taken, 9 months before the time was out, gave him proper notice to pay £150 pr ann, for whatever time he should live in it, he paying all taxes and repairs; all his answer was, he would move out, but never did, and as you was not here when the house was let him, therefore there could be no agreement with you respecting the terms, which, when you write him, you will men shion to him, and that you expect he will settle it, agreeable to my agreement, and that whatever sum is due, that it was worth its intrest, which is ju.stly due. But this you must observe, that when a man's estate is forfited, all debts due to hitn is also seasable, if the athority can find it out ; but nevertheless, am in hopes of get ting it, as well as som others ; as to J, Wharton, I am at a loss but do not intend to let it rest ; and as it is a bond, shall do my best, but it must be in a peacable manner, as old debts is not reco verable here even by law, if it was a debt due me ; T, Smith has promis'd to pay, and all other ballances you have in this country, 1 ( 56 ) shall do the best I can to recover, but all must be by perswasive means, as all those debts was forfited when your rale estate was ; and by the same, or by law, som restrictions on them that owes, if known, for not giveing the state information of them. I am now to look to yours, 29 Dece'r, pr Truxon, contents of which I sincerly observe ; your case, I must confess, appears hard, but with many much more so, owing to our cursed paper contin'l. and as to putting money out without you was here, it may attend with difficulty ; our bank has brought to those people who have put their money in it, from 10 a 12 to 14 pr cent, pr ann. and a great many of our first carrectors have put money in that have declin'd trade, Samuel Powell, Samuel Howell, Robert Morris, and many others. But as we have a great talk of making paper money, and that to be a leagal tender, may make a very great risque to have money out here. But was you here to see the twisting and turning there is with the cash in hand, you would be surpriz'd, for there is little confi dence to be placed in many here, (even in government.) Your old friend Wm. M'Murtre, he has som of his money in the bank ; and by twisting, som one way and som another, he supports his family, and out of trade. But if paper money should becom a currency here, I think the ban^ must fall, as it remains a doubt to me but that it will depreshiate, as the people at large have been bitt so in cont'l, places .so little confidence in the makers. Therefore if a man was to put money out here, and that should be the case, he must receive it in such money as was going ; if it was not for this, money might be put out here, which makes it dangerous. Therefore can give you no incoridgment on this head, I am much oblige to you for your inteligence respecting iron, &c, in Gottenburge, A few days ago receiv'd your favour of Nove'r 5 ; therefore agreeable to your desire, inclosed you have copy of father's will ; also you have ray affidavit that I have the deeds of your place, and the hous in town, but must say, you are mistaken to expect restitution in our courts ; (for if you should not recover your loss in England), your mode must be, when you return to America, to make application to our Assemble, in whose power it lays. These matters, time past, was of great concern to me, as I was liable to be call'd upon by the po\yers here, to give information of your affairs in America, during which was or must be clear to affirm had nothing, but they never did, I am now to observe yours 27 January, which I duly note what you say respecting steel, and of your shiping part when to be had. Our intention was not that you should be in advance for us, our D. P, expected a sum of money to be paid into your hands nearly for .said purpose, and am very much surpriz'd that it has not been done. As to the bills you menshion, we have strange works of this kind of drawing by many, and as they are strangers, time only must ( 57 ) determine : this man you menshion keejis a small store of dry goods here. I should be glad to hear of the well doing of these young men, but you know the gentleman of pleasure, and the man of business will not sute well together. I now of no business J. H. is in here to any account, and am sensiable of your feelings. Your houshold furniture is sold (excepting your plate which is safe pack ed in bran) ; but was oblig'd to dispose of them in such a private manner, and for hard cash, that I have som of the money out yet but in good hands. There is not only this, but all other matters in my hands you shall have the accounts as quick as possiable; and from the candid intenshion to serve, am well assur'd all will be to your satisfaction, which time past appear'd to me must be privatly, (and with full expectation of seeing you here (or should have don it before) this I must leave,) I am much pleas'd at your escape in Bewicks hous ; they forward me a power of att, against Stocker & Wharton ; in their acc't they make a ballance due them £225 18 8 sterg., great part of which is interest. I vvrote them Stocker was in England, since which I know of nothing ben don — this for your government if a schall sum should be due you. I am much oblig'd to you for yoiir kindness respecting Mr. Woods. At present dry good ap pears very gloomy, for the quantity that is here and coming, and the- scarcity of money, also the high price of our produce here, cannot conceive how they will be paid for ; there is also several vessells expected from Lisbon, one arriv'd, from whence they bring quantities of East Ind. good, which comes much lower, I am told, than what they are charg'd at from London ; therefore cannot think it prudent at present. , I am also greatly oblig'd to you for the plated goods, which we have receiv'd in good order, (excepting the glass of the mustard pott, which was broke,) the damask, the buckels, also those are much to Mrs. Potts' and all our satisfaction, I have receiv'd my acc't from Barclay, wherein there is a ballance due me of £40 7 0,' dated 22 Octob'r, 1783, which I shall desire them to pay you when convenient, whi(ih they have assur'd me will pay to my order. I shall herewith inclose you the state of our market. Barr Iron of a good quality would do well from those places you menshion, as I think it cannot be made in this country under £28 a £30 pr tun, labo.uP being very high here. All our relation in Jersey at present is well, Benjamin oldest daughter Massey this winter, by appear ance has don well for herself; she is married to son of John Brick, dee 'd ; the young man has a good farm near Glouster ; this has been som expence to me ; his name is John ; all the rest is well, arid thus far have been orderly ; Beckey and family well ; her tw6 ctMest- daughters is expected to marry shortly ; John has made a good! increase of his forten ; saw-mills has been good for this som years past, and continues, having several at work. I deliver'd her 8 ( 58 ) your letter, and shee will write you, I have had my tryals in cont'l money, but I think have made it up, and our business at present is done without being ihvolv'd, and som money made by it, shall con tinue, and remain, with due attenshion to your affairs, and am, with great respect, in which my wife joyn. Your most sincere and affec' broth., James Hartley. To Matth. Aspden. 37. Matthias Aspden, to ¦ I take up my pen to acquaint of you, that I am just return'd again to England from my voyage to America, an undertaking 1 was betray'd into from the terms of the treaty, and some other cir cumstances, not at this time necessary to mention. The day after I arrived in Philad'a, supposeing myself undoubtedly protected at least for a year under the treaty, I went with a friend of character to wait on the governor ; first, as a matter of propriety, and 2dly, to acquaint him with the views and ground on which I had come to America ; this visit being over without my being undeceived with respect to my situation, I remained in town satisfied with me being in safety untill a day after I wrote you pr. the packet ; when some things came under my notice, which occasion'd me to doubt I was not in that security I supposed myself, and induced me to take the opinion of council who knew and was likely to speak the sense of the government, on the interesting part of the treaty to me ; who told me, that opinion on the case was imaterial, as the practice of the courts had fully decided on this head, that no persons were pro tected, under the treaty where judgment had gone again them, or in other words, that were in my situation ; and that he further knew, the judges had impressd on their minds, as their duty to bring this question on the treaty more avowedly to an issue. As- tonishd and disstresd at this informat., I very soon after went to Burlington, where, I supposed I sh'd stand on safe ground under an of the state of Jersey, which gave liberty to all citizens of America and others, who had not beenguilty of any act of wanton cruelty, to settle at this place, and any body— Here again I took the opinion of council, who inform'd me, from the state of Jersey, I had nothing tp apprehend unless the Governor of Pensyl. sh'd demand me ; in ( 59 ) this case, from the articles of Union, he believes the state neither could nor protect me. Still in no security for my life, but the for bearance of govern't to carry the laws into execution, my situation was uneasy to me, and determined me to go to N. York if not pre vented, and return to Europe in the L'Orient packet, to sail in four or five days ; which I sh'd have done, but a vessell haveing hauld off in the stream the day I arrived at New York, ready to. sail the next day for this port, I concluded from this circumstance and the tye of language to return in her ; accordingly, sent my things away that evening, and the next morning went on board myself when the vessell soon after proceeding to sea, reliev'd my mind from the concern it had experienced for some days ; I nevertheless could not help at times casting my eyes back, and feel it a painfull circumstance, to be thus forced from my native country, friends of early acquaintance, and a channel of business with which I was well acquainted, and left at liberty to settle in the country, I could soon have got into again, and to as much advantage I believe as ever. To return again, to what Mr. Hartley tells, the. loyalty is oppressing power, shelter a country — where I could not help, telling the commissioners, in consequence of some questions the ask'd me, I had few or no friends ; a country where the remnant - 1 have will not go much more than half as far, as the same would go in America japd where I knowof line business in which I can engage with either proffit to myself, or use to the r comunity ; does this accord with words of the motto, ubi panis, ibi patria 7 . In America they tell me there is no such person myself, but that I am dead in law to all intents and purposes ; the duty I owe myself, will lead me in a few days, to take the opinion of some able council with respect to the ground I stand upon here, according to the construc tion of the prohibitory act, the treaty of peace, and the act which confirm'd the same ; also, what may be the practice of the court, if any one has been decided upon, with respect to persons in my situation. 38. Rev'd William White, Philadelphia, to Matthias Aspden, Lon don. Dear Sir — By this opp'y y'r papers will be returned duly exe cuted. Neither you nor Mr. Carr riiake any mention of instru ments for conveyance of right of Dower in Ludgate street House, ( 60 ) which leads me to hope that matter is got over in some other way. I shall draw on Mr. Carr to ye amount of £600, but guarding against ye consequences of being wrong in ye measure. In look ing over Mr, C's acc't I find no charge as yet made for his own trouble; this is a matter of delicacy which I must take ye liberty of requesting you to act in. Could you not sound Mr, C, on ye subject ? I presume there are legal commissions on such occasions, and these he ought to charge ; but should he decline it, I wish you, at ye closing of our acc'ts, to lay out ye amount in plate or any way you sh'd judge most acceptable to him, and request his accept- ance in my name, together with ray best thanks. Permit me to give you farther trouble ; ye gowns are arrived and perfectly to my mind ; but I neglected ordering cassocks, under an expectation of having them as well made here ; but being dissapointed, I must beg you to get me two made of ye same stuff as ye two gowns. 1 beg you also to procure for me five mourning rings for my father ; ye size of ye fingers I will send you, and as for ye stile of execu tion, you must be ye judge of it ; besides these, I wish for two plain silver drinking vessels, holding about half a pint each, of a fashionable shape, and 1 J doz. of tea spoons. No charge appears in Mr. Carr's acc't of cash p'd for my gowns, so that perhaps you have advanced it. I shall on this acc't and for ye purchase of ye above articles, enclose an order on him for £50, or as much there of as you shall call for — ye said order to be paid in preference to ye other bills. Your very friendly attention to every thing I have requested of you induces me to hope you will take this alsoin good part. ¦ I find from your letters and from G, H. (your kind attention to whom we can never be sufficiently grateful for) that you wish to return if it can be done vvith full security. I do not yet know what advice to give you on this subject ; but I can give my opinion that you would not be molested, and information that at least one in your predicament (Mr. Wm. Austin) has appeared among us ; this however I must press on you, that whenever you resolve on ye step, you repair immediately to my house ; a proposal which I make not only on a score of regard and hospitality, but on that of prudence also. I intend setting off in a day or two for N. York to an Ecc'l Meetmg, called for ye purpose of revising ye corp'n for relief of widows and children of clerg'n,, and for consulting on ye more een- rrr"""' °f y^ch'ch^ I find your idea on this subject is, That we sh d give up Ep'y and join with other denominations in fprmine an establish't. As to ye former, a great proportion of our commu^ ( 61 ) nion will never depart from it ; and all parties agree in keeping church and state entirely separate. With Mrs, White's love and mine, I am. Your aff'te friend, W. White. Philad'a, Oct. 1,1784. Mr. Aspden. P. S. New York, Oct. 6, — Since writing ye above I have open ed ye pictures in good order. I intended answering from this place your letter by Cap'n Willet; but arrived here last evening, and ye immediate sailing of ye packet, together with to day's business will prevent. I came from P. in such haste that I neglected bringing ye size of ye fingers for ye rings, so must leave that till ye first opp'y after my return. Endorsed — Mr. Matthias Aspden, Grove Coffee House, Bath. 39. Matthias Aspden, Bath, to Messrs, Robert ^ Samuel Hibbert. Bath, March 8, l78S, Messrs. Robert & Samuel Hibbert. Gentlemen — I recei'd some little time agoe a letter from my half brother, Mr. James Hartley, of Philad'a, wherein he desires me to pay you fifeteen pounds, the ballance of his account. Agree ably thereto I here enclose a bill for that sum, dated the 26th ult., payable in two months after date ; and should be glad you would enclose me in your letter acknowledgeing your receipt same, a receipt to send to my brother in Philad'a specifying your haveing receiv'd that sum of him thro' me. Some bills recei'd Philad. which come due the latter end of Aprill, has occasion'd me to give you this draft at the long date I have, or otherwise I would not have done it. Mr. James Tauckit or Mr. Nathaniel Hyde can either of them inform you of the good ness of this draft. I am, gent'n, &e. M. A. Direct to me Bath. An indifferent state of health has obliged me to make this my chief residence. ( 62 ) 40. Joseph Harrison, Philadelphia, to Matthias Aspden, London, Philad'a, May 12, 1785. Dear Sir — I inclose you 2d exch'e on Paris for 5000 liv. which you will please negotiate. I forwarded you the 1st pr. Cap'n Bud- den, who sail'd a week since. I took the liberty to draw on you a 60 days, fav'r John Drinker <& Co., for £200 stg., which 1 flatter myself will not become due before you are in cash for the inclos'd, and that you will not hesitate to accept my dft., assuring yourself that due boner will be paid to the dft. on Paris. With regard to to my other dfts. on you on ac't of those on Carr, I had no suspicion that they could be attended with any possible difficulty. I derived no benefit from the transaction, and am extremely sorry it gave you so much trouble. I can only assure you that it would give me great pleasure to make any return. The dft. on you will be lodged at Sir Charles Asgill, Baronet, Nightingale & Co. Bankers. It was an unexpected necessity that induced me to give you this trouble. The sum was owing to me by the person who draws on Paris, and and as I could not easily negotiate the dft. here, I took the liberty to manage it in the manner above mentioned. In your last letters you make mention of an intention, to come here,— I sincerely wish it tho' can give you no encouragement in the way of business at present. There is scarcely any money in circulation, and the country overstocked with goods, and in the Islands our trade you know is greatly fettered. I shall write you again pr. this opp'y on a subject which am this moment informed is necessary. I am, Afiec'ly yours, Jos. Harrison. 41. Opinion of J. Kinsey, Esq. Burlington. ( 63 ) In his absence in England, an act of Pennsylvania was passed for absentees to come in by such time, on failure of which such absen tees are attainted, and their estates confiscated. Mr. Aspden did not return into the United States till .July 1785 ; and is desirous of knowing whether his person can be the object of punishment in Jersey or Pennsylvania. It appears clear to me, that the 6th article of the definitive treaty of the 3d Septr. 1783, effectually, secures the person of Mr. Aspden from any kind of punishment any where, under the attainder in Pennsylvania, which expressly mentions that no person shall on that account, that is " for or by reason of the part which he or they may have taken in the present warr, suffer any further loss or damage either in his person, liberty, or property. Under this article I shoud think his stay in America .may be just as long as he should incline. And if he has neither taken up arms, nor been guilty of cruelty to the inhabitants of the United States, during the warr, I should apprehend he need not be under any fear of any kind of molestation from any body whatever. J. Kinsey. Burlington, Aug't 2, 1785. I do not think that he comes under the description of those who have permission to come and stay a year. The 5 article stipu- pulates for a recommendation of Congress to get the estates restored, of British subjects, and of persons resident in places in possessiori of the King's troops who have not born arms — and thing was liberty to persons of any other description to come and stay for a year unmolested, which carrys a strong implication of the ititention of the treaty, that the two first might stay as long as they pleased. 42. Matthias Aspden, London, to London, Oct. 1785, Gentlemen — The insecurity I found myself under in Pen.sylv. further than mere the forl?earance of the governm't from the treaty not protected me, in any shape, lead to me make but a very short ( 64 ) stay there after this was known, and to take an early opportunity of returning again to this country, in which I have now been arrived ab't three weeks ; and where I think its probable I shall now remain, as my prop'y in that country its likely will never be restored, should my friends tho endeavours be able to get the act reversed as far as relates to my person under which the have attaintd me. This disappointment as well as the doubtful ground I stood in America, felt sensibly by me as you may suppose. The farce of the treaty deceived me, joind to letters from received from Ame rica, which were well intended, but wrote with 43. Matthias Aspden, Bath, to Bath, Novm'r 1785. Sir — Thinking you may have received some information on the matter I mention'd to you in to town, and desired your kind ser- vices in, or probably may in a few days, and not know where I am to acquaint me with same, I take up my pen to inform you being at this place for a short time, where I should be happy to' recive any lights you may give on the business in question. A state of suspence, under any circumstances is a painfull one that I am at present in from what may be the complexion or mir' port of the report on my case at the treasury, I feel much so m it may go exclude me a compensation, and of course to cause I should take every means in my power— explain'd and removed— which I feel very from the suspence I am in as to what may be he purport of the report. Should it go to exclude me cornpensa! tion, I shall think it unjust, and sparl no pains nor losHfrne fn endeavouring to remove such objections as may have ocJ^ned It; on the contrary, should the same intit'e me^to Jo ° en^Ton I should consider it as no more than right to make =o "^ r ' tion for what to the interest may be Iquivaknt t ° f-^P'^t times as I am paid the principal^ WheTnook ^ound "ni T^ of the provisions that has been made for persons fro" ™.^' obscure parts of America fully equal to their fhrm '^ ^"1 know that I have made as great a^acnfices as most ""and?''' "?^ out an incume sufficient to enable me to live Tn C T 7'h before the war, and should do again had the%W, If the'dtyleen ( 65 ) removed, I would go again to my former residence the metropolis of America on the remnant I have, and the means I know of there of employing it — is a situation at least depressing. 44. Matthias Aspden, Bath, to Bath, Novemr, 1 785. Dr. Sr, — ^You mentioned to me when at Bristol you might proba bly be able tofurnish me with some information with respect to the purport of the report on my case at the treasury, if I would write you some particulars relating to the matter to go upon. Accord ingly I state you the following particulars, from which you will not only understand how is circumstanced, but be sensible how anx's I must feel from the dark I am left in, as well as prevented by the same from deciding on any line of conduct untill the ground I stand upon. The commissioners when on my examination on oath, ask'd me if I intended to return to America. I told them I did once to reside there if I could. That this was a country in which I had few no friends or near relations, and to give up them, as well as my native country, where was my trade, were to great sacrifice, on a stinted income, for the local advantage of climate and higher improvement. About 1 month before I set out to embark for America, I wrote the commissioners and acquainted them with my intention, also of the ground and views with which I went — first the reversal of my attainder as my chief hope — greatest importance ; and, secondly, the restoration of my practicable. On my return I wrote them of it and also of the cause, as the desired to knoiv as my name was not down in the list for compensation, or as he sup posed reported, wether the same failed in any want of proof of oyalty, confiscation of property, or value of the same ; and rec. in answer as follows. That the commissioners had reported in Mr. Aspden's case to the lords of the treasury, but cannot communicate the particulars oftheir determination to the parties; no further proof is required of Mr. Aspden. As this answer tells me nothing more that that the commissioners had made up their mind in my case, and not whether the had reported my case, or entitled or excluded compensation, I am still on this head in as much suspence as ever. ( 66 ) 45. S. Douglas, Esq. London, to Matthias Aspden, Bath. Lincoln's Inn, 20 Nov. 1785. Sir — I am very sorry I missed you so often, and especially once, when it seems we passed without knowing one another. I should have done myself the pleasure to answer your letter sooner, but it was not till yesterday, that I had an opportunity of conversing with Mr. Coke about your claim. I am very sorry indeed to in form you, that according to his recollection, the claim is totally disallowed, and that it is contrary to the rules laid down by the commissioners, to re-consider or re-hear the case. He says he thinks their decision on your case, arose from its appearing to them probably by too much candour on your part, that your property might be recovered, except as to rent or interest, accruing during the war, for which he says, they have in no case made any allow ance. I have written my answer to the case and queries you laid before me, and shall send them to Messrs. Hankey, to be forwarded to you. The general result is, that upon the facts stated by you, I consider you as entitled to every privilege of a natural born sub ject of this country, as well commercial, as those which relate to the acquisition of real property. I have the honour to be, Sir, Your most obed't humble servant, SyLv'k DotTGLAS. Endorsed— To Matthias Aspden, Esq. Grove Coffee House, Bath. 46. S. Douglas, Esq. to Matthias Aspden, Bath. 30 Nov. 1785. ..S'r^ "^^'''l^ ^T ^"^''^'" *° ""y ^''"er some days ago, and sioner Tould Si *'' '^''"' .1 your application to L cfmmis- sioners, should give you a great deal of vexation. After what Mr. { ^7 ) Coke told me, I cannot entertain any very sanguine expectations from an application to have your case re-considered. But a memo rial presented with that view, can do no harm, and it will give you an opportunity ot laying before them, the circumstances of your voyage to America, and your unfavourable reception there, with which they cannot otherwise be officially acquainted. I certainly would advise you to take that step, and agree with you, that it will be most proper to address yourself, (at least in the first instance) to the commissioners. I am Sir, Your most obed't humble serv't, Sylv'r Douglas. Endorsed — To Mathias Aspden, Esq. Grove CoSee House, Bath. 47. Matthias Aspden, to S. Douglas, with Queries. Qur'es. On what ground does the act which pass'd the 16th of his present majesty, and declares a rebellion to exist in America {nameing the colonies,) confiscates indiscriminately the vessells be longing to the inhabitants of those colonies if not in England, within a timelimitted, place the people of the same inlaw t 2dly. Hath the treaty of peace, a reference to the ground on which the act above, placed the inhabitants of the colonies 1 3dly.^ According to the treaty, does the loyalist who hath come in, stand on new ground thereby, or the same he did before he came in ; or in other words, can he according to the practice of the courts of Westminster Hall, hold, and inherit property (lands), or his his condition blended with those of the inhabitants of the several states of America, at this time ? Sir, Your digesting the above query s in yr mind, and the public acts the may have a relation to, and favouring me with your opinion on the same, will much oblige Sr, Y'r H'ble Serv't, Matthias Aspden. Endorsed — Mr. Douglass, Lincoln's Inn. ( 68 ) 48. Opinion of Sylvester Douglas, Esq. I have attentively considered the case laid before me by Mr. Aspden, and the several questions he proposed to me, and my opinion on those questions is as follows : 1. I consider the effect and operation of the statute of 16 Geo. 2, c, 5, as entirely at an end since the treaty of peace ; but while it existed, it only affected vessels and cargoes found in the situation thereby prohibited, but did not alter the legal rights or political relation of the natiyes of America to this country, which, after that act, continued as before, to depend on the general laws of allegiance and treason, as applied to the particular facts of each individual case, 2. The answer to the second query is involved in the foregoing. 3. I have no doubt that every American, who did not concur in the rebellion, and who has not taken any oath of allegiance to any of the new states in that country, is entitled to every privilege as a citizen of this country, in as unlimited an extent as if he had been born and resided all his life in England. Of course he may pur chase or inherit lands or any other sort of real property, and also carry on trade in the same manner as a native of England. All Americans possessed those privileges till the war, and nothing that has passed, or is contained either in the treaty of peace, or any of the statutes relative to this subject, has deprived those of the description I have mentioned of such privileges. Even an American who has in fact committed acts of treason, cannot be refused those rights, till an actual trial and conviction. Sylv'r Douglas, Lincoln's Inn, 30 Nov. 1785. 49. Jos. Harrison, Philadelphia, to Matthias Aspden, London. Philad'a Decem'r 7, 1785. Dear Sir-Having the fullest confidence in your taking up my ( 69 ) d'ft fav'r of Messrs. Jno. Drinker & Co., I a few weeks since made provision to replace it by a remittance to France — since which the bill is returned — and I have taken the liberty to renew it, assuring you of my determination to replace it by a good bill pr. the Jan'y packet, at 30 or 40 days. This bill I expected to have given to Messrs. D. & Co., but the gentleman who was to let me have it, could not do it in time, as it was wanted to be remitted immediately. As there may be some delay in your being, in cash for my remit tance to France, which was at a long sight, I will not trust to that, but shall remit you as above. You njay therefore safely accept my d'ft. I am sorry for this trouble. Had you rec'd the d'ft on France I forwarded you, not expecting your coming here, I sh'd not have given you this additional trouble. I wanted the money, and an English bill was preferred to a French one. I have wrote you lately with respect to the attainder. The council have reversed it. I am in haste, Affec'y yours, Jos. Harrison. Endorsed — Mr. Matthias Aspden, at Messrs. Thomas Hankey & Co. Bankers, London. Pr. Edward, Capt't Coupar. 50. James Hartley, Philadelphia, to Matthias Aspden, London, Philad. Decemb. 16, 1785. Dear Brother — Since my last pr. Cap. Willet, I am favour'd with yours a few days ago, of 2nd Oct'r, and am glad to hear of your safe arrival, contents of which I duly note. I find you are not determin'd on any plan of persuit ; and that you would be glad to have the money remitted you in my hands. When I transmit ted you the amounts I assur'd myself accountable for the money, agreeable thereto, altho' great part of the money was still out ; neither have I got it collected, but since you left us, have met with several disappointments in trade, and som losses, (and I believe our J. Harr. with much greater, what concerns he had in the India ships may be said near total.) We having latly purchas'd consid erable quantities of imported iron, makes it not convenient to take ( 70 ) it out of trade, but having several sums out, as well great part of yours which I shall collect ; and that you may depend on having it all remitted you between this and spring, which will sute me very well ; and that I shall use every means in my power to get every other matter of yours settled, agreeable to your desire. I have not been easey respecting I. Shewell ; neither have I got it settled, but have promises from the exc. that it shall be. Cap. Biddle haveing latly wrote you, make no doubt he has been particular, to which I refer you ; and that a pertishion has been deliv'd in respect ing you, and will have due attenshion paid theretoo. I hope L. Cowper will be able to obtain T. Franks' dividend due me, which you will please to receive, in which I shall be much oblig'd to you for your care ; and that my intenshion have always been to serve you, which perhaps I may have er'd in, which we are all liable too; but that it always was my desire to do for you as for myself; and do most sincerely wish for your peace of mind, health and happiness, let your place of abode be where it may. Hoping this may find you in perfect state of health, as it leaves me and mine, who desires to be rememb'd to you. And am dear broth, most Affect, yours, Jaues Hartley. N. B. As to trade, instead of growing better, I think its worse. Our money growing scarce, and all kinds of country produce high. Wheat 8s. a 8s. 6. per bushell. Indian corn 4s. 8. a 5s. Flaxseed has been sold from 10s. a 12s. and now 14s. 6. pr. bushell. No trade to the eastward, nor scarsely any where else in our bot toms. Our assemble still sitting. Much disputing about acts for trade, but as yet nothing don. Endorsed— To Matthias Aspden. To the of Thomas Hankey & Co. Bankers, London. Pr. Cap. Hathorn. 61. Jos, Harrison, Philadelphia, to Matthias Aspden, London, Philad'a, Dec'r 19, 1785. ( 71 ) confident that my former -d'fl would have been taken up on your arrival, 1 had provided the means to reimburse you by a remit tance to France at 90 days. But to prevent any disappointment to you, you may rely on my remitting to you a 30 or 40 day bill pr. the Jan'y packet. I flatter myself you will not hesitate to accept it on this assurance — as you will be in cash before it will be payable. I have wrote you repeatedly on the business of the attainder, which letters you must have rec'd. Pr. the packet I expect to forward you the act of council reversing it, which I hope will induce you to visit us again. Mr. Adrian Renaudet, brother to the doctor, was buried yesterday. In haste, Affect'y yours, Jos. Harrison. Endorsed — Mr. Matthias Aspden, at Messrs. Tho's Hankey & Co., Bankers, London. Pr. the Birmingham, via Bristol. 52. James Hartley, Philadelphia, to Matthias Aspden, London. Dece'r 24, 1785. D, Br. — Since the above,'* I am favour'd with yours 2 Nov. con tents of which I duly note. Wherein I find you propose going to Bath on ace. of your health, where I hope you will enjoy a good state. The shiphient from your side this faul, has been small ; and I think cannot be much greater next spring, for I cannot think the people in this country have that spirit of discharging their debts as formerly, even if it was in their power ; and trade very dull here-— many vessells, and all kinds of produce high, which you will observe by the inclosed price cur't. Not having any new matter to communicate, but remain with much esteem, Your most aff. bro'r, J. Hartley. * See letter December 16, 1785, ( 72 ) N. B. I have forwarded to L. Cowper, pr. Cap. Hathorn, 8 newspapers, (and full price current,) containing the debates of our Hous of Assemble, which I request him to forward you as op portunity may offer, for your amusment. J. H. 53. Case for Mr, IngersolVs Opinion. The opinion of Mr. Ingersoll is desired on the following case, agreeable to the letter and meaning of the late treaty of peace between Great Brittain and United States of America, and such acts of State of Pensylvania as may bear relation to the same. A. B. merchant, formerly an inhabitant of Philad., which city he left ab't the middle of Septra. 1776, and went in a small Amer ican vessell to Corrunna in Spain, and from thence soon after to England, where he arrived the Deceemb'r following, and where he has lived as a peaceable inhabitant untill June last, when he em- bark'd for America on monies ariseing from the proceeds of ves sells sent to England in the year 1775, and the cargoes the were laden with solely belonging to him, which vessells, had the not been so sent before 31 IJecem'r of that year were declared confis cated under the Act of the 16th of George the Third, and lawful! prize to any cruizer that might meet with them, either in any American port or on the high seas. The same A. B. was ac. the month of Aprill, 1780, called npon by name, with others, in a Pro clamation issued by the Executive Council of Pennsylv'a to appear m nine months to take his legal tryal for haveing knowingly and willingly adhered to the enemies of the United States, but not appearing within this, and a further time of 12 mths. that was extended to him to take his legal tryal, has incur'd the penalties set forth in the Act under which the Council issued their procla mation, forfeiture of estate, &c. From the above short relation of facts, can A. B. avail himself of any steps to recover his property, now apply'd to the use of the College of Philad., in the opinion of Mr. Ingersol, with any likeli hood of success? In the opinion of Mr. Ingersoll, does the laws aLindeS A ^l^ ^'"'1" .°^ ^^^ ^°"''^' ""'withstanding the attainder of A. B., consider his person as safe for one year from any molestation from the treaty, and for ever, if he conforms to such ( 73 ) acts as the laws may require of persons takeing up their residence in the State? or do the State of Pensylvania consider the provision in the 6th and sixth article not binding on them in any respect in the case of persons attainted ? Can A. B. bring actions in any of the Courts for the recovery of debts incurr'd and oweing to him since the peace ? 54. Petition to the Supreme Executive Council of Pennsylvania, To His Excell'y the President and the Hon'ble the members of the Supreme Executive Council of the State of Pennsylvania — The Petition of sundry citizens of the said State in behalf of Matthias Aspden, formerly of the said State, and now under attain der, humbly sheweth : That the said Matthias Aspden left this State and went to Eng land in the year 1776, and before the establishment of the present Government. That from the circumstances of his property in that Kingdom he could not leave it during the war without hazarding the loss of the greater part of his fortune. That not appearing in consequence of the proclamation of your honorable Board he became subject to the pains and penalties of nigh treason. That during the late war he conducted himself inoffensively ; no act of malignity having been even alledged against him : Therefore your petitioners pray your honorable Board to take the premises into your consideration, and to pass such act of Coun cil as will relieve the said Matthias Aspden from the said attainder, so far as regards his person, and restore him to the priviledges of the freemen of the Commonwealth of Pennsylvania. And your petitioners, &c. (Copy.) Signed by a number of respectable citizens, and principally by those who are deemed the most active friends to the Revolution. 10 ( 74 > 55. Pardon of Matthias Aspden, Pennsylvania, ss. The Supreme Executive Council of the Commonwealth of Penn- sylvania. To all to whom these Presents shall come, Greeting : Whereas Matthias Aspden, late of the county r L. S. 1 of Philadelphia, hath been convicted of High Treason, and hath petitioned this Council, pray- Chas. Biddle, ing us to take his case into our consideration, V. President, and to extend mercy and pardon to hini : where fore, know ye, that we having duly considered his case, have pardoned, remitted, and released, and by the presents, for us, and our successors, do pardon, remit, and release, unto him the said Matthias Aspden, by whatsoever other name, or addition of name, or place, the said Matthias Aspden may be known or called, or was lately known, or called, the Treason aforesaid : And all and singular the indictments, condemnations, attainders, and executions, and penalties, whatsoever, upon or against the aforesaid Matthias Aspden, for or concerning the pre mises, had, done, rendered, or adjudged, or hereafter to be had, done, rendered, or adjudged. Also, all and singular the outlawries, by reason of the premises, or either of them, proclaimed, or here^ after to be proclaimed; and all and all manner of suits, complaints, impeachments, censures and process whatsoever, which the said commonwealth against him the said Matthias Aspden, by reason of the premises had, hath or hereafter may in any wise have, and the suit of the peace of the said commonwealth, which against the aforesaid Matthias Aspden pertains, or may pertain, by reason of the premises firm peace to him thereupon give and grant ; not willing that the said Matthias Aspden^ by the sheriff, justices, bai liffs, or other our ministers or successors, for or by occasion of the premises, be molested, disturbed, or in any thing aggrieved. And willing that these letters patent (as to the premises aforemen tioned) be and remain good, firm, valid, and effectual in law ; and that this pardon be in all our courts within this commonwealth and elsewhere, interpreted and adjudged in the most favorable sense, for the more sure release, pardon, and exoneration of the said Mat thias Aspden ; and also be pleaded and allowed in all the said courts, without any other writ, grant, or declaration in that behalf, ( 75 ) obtained or to be obtained, any defect or defects in these letters patent contained, or any law, act, ordinance, or provision, procla mation, or restriction, or any other thing, cause or matter whatso ever, to the contrary hereof in any wise notwithstanding. Given in Council under the hand of the Honorable Charles Bid dle, Esquire, Vice President, and the seal of the State at Philadel phia, this eighteenth day of April, in the year of our Lord one thousand seven hundred and eighty-six. Attest. John Armstrong, jr. S'y. 56. Jos, Harrison, Philadelphia, to Matthias Aspden, London, Phila. May 1, 1786. Dear sir — I will just avail myself of the opp'y pr the packet to inform you that the pardon is signed and inclos'd to you in a letter frora'the Vice President. I will send you by a ship that sails 3d inst. the extract from the minutes of the council, and a copy of the petition I presented to them. I went on the 29th ulto. to Chester, to purchase your estate in that county, which was that day expos'd to sale as confiscated property ; but it sold very high, and having no instructions from you, I declin'd purchasing. ' I will be more full on this subject in my next. 1 vvill now give you a copy of the ori ginal extract. " In Council, Jan'y 19, 1786. "A petition of sundry inhabitants of this city in favour of Mat thias Aspden, an attainted trailer, was read, and a question talcen whether a reprieve shall issue to the said Aspden. untill the end pf the next session of General Assembly. This question was, deter mined in the affirmative." ( 76 ) Ap'l 10, 1786. "Council took into consideration the case of Matthias Aspden, and thereupon Ordered, That he be pardoned. Extract from the minutes, James Trimble, c , „ For Jno. Armstrong, Sec y. 1 am afraid I shall be too late for the post, and therefore con clude myself Affe'y yours, Jos. Harrison. Endorsed— Mr. Matthias Aspden, to the care of Messrs. Thomas Hankey & Co., Bankers, London. Pr Packet. 57. Jos, Harrison, Philadelphia, to Matthias Aspden, London. Philada. May 5, 1786, Dear sir — You will receive with this the extract from the min gles of the Council respecting your business,, and a copy ©f the' petition I presented to them. Mr. Riddle has forwardied to you the pardon, so that, there is nothing now in the way to prevent y«ur coming here when you please. I also inclose you 2d bill ©xch'e. to replace my d'ft on you. As it is. probable you may do. some-' business on your return, I w'd recommend to you thp purchase qf a British built vessel ; for no other, from the latei regulations ip Eng land, can possibly * *swer any British market, and the h* * tonage laid on such vessels by our Assembly is now taken off. You would greatly oblige me if you could facilitate some business for me thro' Europe and the West Indies. Such is the state of business with us, that none but commission business can produce advantage. I must also beg the favor of you to present the inclos'd letters to Mr. Wil- mot, and to gffir him, a proper fee fOr his opinion on the case trans mitted to him. It is with respect la the debt owing by Jos. Gallo way to my mother; and as little can be obtained here for it, I think,, with many others, that an application to a British court of justice may be successfull. The case is fully stated to Mr. Wilmot, and ( 77 ) you will be good enough to obtain his opinion as soon as possible, and transmit it. I wrote to you a few days since pr packet. I in formed you that I had been at Chester, to attend the sale of your farm, and fully expected, from the particular circumstances of the case, that I should have bought it in at a low rate. Many whom I spoke to declin'd bidding on my application to them, tho' they had come down on purpose. Mr. E. Bartholomew, our excise officer, was the purchaser. He was determin'd on having it, he having bought a great number of certificates. It sold at £1090, which is in specie about £400. Having no instructions from you, and Mr. Hartley being undetermin'd what to do, I thought, under these cir cumstances, it was right in me to let it go, especially as £400 may, be employed to much better advantage. My mother and family send their loves. Expecting shortly to see you, I am, in mean time, Affe'y yours, Jos. Harrison. Endorsed — Mr. Matthias Aspden, London. 58. John Forster, London, to Matthias Aspden, Office of American Claims, Lincohi's Inn Fields, June 23rd, 1786. Sir — I am directed to acquaint you that the commissioners, hav ing reported their opinion, pursuant to the direction of the act of Parliament, to the Lords of the Treasury and Secretaries of State, cannot do any thing upon the subject of your memorial. I am. Sir, Your most ob't serv't. John Forster. Mr. Mathias Aspden. ( 78 ) 59. Jos, Harrison, Philadelphia, to Matthias Aspden, London. Philad'a June 30, 1786. Dear Sir — It was with extreme astonishment that I found by being presented with the protest that you declined to honour my dft. on you for £240 stg. This I must acknowledge was very unexpected. You must now be in cash on my acc't, valuing the livre a. lOd. stg. £250 stg ; and admitting that this reimbursement had not arrived in time, I will not suppose your finances or your credit so low, as to put it out of your power to honor ray signature. Had I reason, to think you intended for this country at the time you visited it I should not have forwarded to you a bill which was the ground of my drawing on you last summer, and which by your absence was subjected to a protest. Small as my fortune is, compared with yours, should you from any circumstance be induced to draw, 1 will honor the d'ft for twice the sum. However, I did not mean to complain ; I only intended to express my surprise. I have wrote you many letters lately ; particularly by the Harraony, inclosing you a brief with respect to my mother's claim on Joseph Galloway. On her account I flatter myself you will do every thing in your power to ascertain the probability of success on an appli cation to the courts ofjustice, should a personal one fail in procuring payment from him. You will oblige me by informing me if the bill on Paris has been negotiated. Aff'y yours, Jos. Harrison. 60. J. Galloway, Cotham Lodge, to Matthias Aspden, Lokdon. Cothan Lodge, near Bristol, Sept'r 6th, 1786. Sir— I have attentively considered your favor of the 4th instant, and with much pleasure give you my conjectures on the motive which leads the commissioners and the treasury to refuse inform ing you what their determination is on your claim. They must be ( 79 ) coryectures only, because government, in all its departments, has acted towards the loyalists with an affected and unprecedented secrecy. You tell me you informed the commissioners that you left Ame rica in the summer 1775 ; that you might have stayed there if you had chosen it ; and that you intended to return there again to remain with your connexions. I fear they have considered all this as opponent to the merits of your claim, and have determined that you do not come within the meaning of the act of parliament which appoints the enquiry into the claims of the loyalists. This act confines their power to the claims of those who have taken an active part in suppressing the rebellion in pursuance of his Majesty's proclamation, and the several votes of the two Houses of Parlia ment, promising such persons compensation for their losses sus tained in consequence of their activity and loyalty. Now, I sus pect they have said, in their hearts, that by your own confession, it does not appear that you took that active part called for by his Majesty and two houses of Parliament, for which the compensa tion was promised ; but though you consideredyourself at the time you left America a British subject, and adhered to your loyalty, yet you preferred your own safety, and that of your property to obedience to the proclamation and votes of Parliament upon which the loyalists contend for their claim upon governtrient. The commissioners, therefore, have put you not in the class of loyalists who stayed in America— run every risque, and opposing the sedi tion suffered a confiscation of their property ; but in the class of British subjects who have taken no active part in attempting to suppress the rebellion. 1 am led to this conjecture by knowing that there are a number pf persons whose property has been confiscated in America, con sidered in this light by the commissioners and the treasury, and to whom neither of them will give, tho' often requested, any satisfaction as to the sum reported, and whose claims have not been in any degree compensated. Mr. Knox, late secretary to Lord George Germaine, and Governor Boone, one of the commissioners of the customs, &c. are in this predicament. Their claims have been heard, and, like yours, reported to the treasury ; and yet, with all their interest with members of Parliament and others, they have not been able to learn what was the sum reported to be due, if any, or what was the determination of the enquiry. Mr. Pitt. has .indeed say'd in Parliament that there are persons who though not within the meaning of the act of Parliament, may be worthy of the consideration of the house, meaning, as I conjecture, British subjects, who had taken no active part in suppressing the rebellion, and who, living in England had their property confis cated by the American states. The report upon these claims be ( 80 ) keeps more secret than those of the loyalists. For what reason I know not, and indeed it is impossible to conjecture. 1 have thus. Sir, given you my candid opinion upon the dithcul- ties you seem to have met with in your claims upon government. I wish it was in my power to give you a more perfect one, it should be equally at your service. I shall be in London about the first of January, when I shall be happy in rendering you any other good offices in the power of Your most obed't serv't, J. Galloway. Endorsed— Mr, Matthias Aspden, Spring Gardens, No. 9. London, 61, J. Galloway, Cotham Lodge, to Matthias Aspden, London. Cotham Lodge, near Bristol, Sept'r 20, 1786, Sir — You entirely mistook me, if you conceived that any thing contained in my letter was intended as a vindication of the conduct of the Commissioners in your business. You requested I would give you my opinion on their motives, I accordingly did, but with out intending to justify those motives, I did it with a view to ena ble you to meet their objections by fair and forcible argument, and if possible to remove them. As to my own opinion, I am clear that they ought not to place you in the class of British subjects who never were in America, and who have done no overt act to demonstrate their allegiance and attachment to the British consti tution. You were in the country — were pressed to enter into the rebellion — you refused and adhered to your allegiance, in conse quence of which your property was confiscated. This places you in a very different predicament from those who have never given any proof their allegiance. I will mention another conjecture to you as the cause of their not allowing you compensation, which I omitted in my last. You told them, as you inform me, that you were determined to return to the New States and live there. Now I know the Commission ers have carefully made the enquiry, whether the claimant intended to desert his allegiance to the British Government, and to become a subject of the States, and the Treasury even after the report has ( 81 ) been made, has made the same enquiry with a view to stop pay ment. 1 therefore think as you have changed your mind and resolved to continue in this country a subject of the Crown, you should communicate your resolution to the Commissioners, if not already done. I again beg you will be assured that on my coming to town I shall be happy in giving you my best advice on this or any other occasion. Being very truly, four friend and Most obed't servant, J. Galloway. Endorsed — Mr. Matthias Asden, London. Endorsed in hand writing of Matthias Aspden. — "The condition of compensation, if any special intended, should and I conclude would been mention'd in the bill, and not left to private opinion, as knowledge was unsuspectingly obtain'd thro' ensnaring questions, as in my own case, to my great suffering and injury." 62. Memorial of Matthias Aspden, to the Lords of the Treasury. To the Right Honourable the Lords Commissioners of the Trea sury. The Memorial of Matthias Aspden, formerly of the City of Philadelphia, Merchant, Sheweth — That your memorialist conceiving his case justly to come within the intention of the Act appointing commissioners to inquire into the losses and services of the American loyalists, was led to pre sent a meraorial to the aforesaid commissioners in December, 1783, setting forth the losses he had sustained under an act of attainder in consequence of his loyalty and attachment to his Majesty's Go vernment, and was examined on the same in the month of Febru ary, 1785. That your memorialist encouraged by favorable advices to visit America, which he applied to the temper of the populace and not to any doubts of safety under the treaty, at least for a year, and 11 ( 82 ) desirous of taking the burthen of his small claim from this country if he could, and obtain restitution in America which would put him, in point of privileges, on footing with other British subjects, embarked, at some considerable exppnce, on the 10th of June of the same year in the packet from Falmouth to New York, and on the 20th of the following month arrived there, and a few days after at Philadelphia. Of his going and intention therein, he wrote the commissioners some weeks previous to his departure, and if he should succeed in getting his property restored that he would give early notice, and withdraw the claim he had made for the same here. That your memorialist very soon after his arrival in Philadel phia, beginning to entertain doubts from matters that came under his notice, whether he was right in the light he was taught to believe the treaty considered, was led from his situation to consult council how far persons attainted of High Treason, under any acts of the State, were deem'd protected by the fifth and sixth articles of the same ; who informed him that no person was considered in the practice of the courts of Pensylvania as protected by the treaty where judgments had gone against them previous to the signing of the same, adding, that he then knew the judges had it impressed on their minds as their duty to bring this question to an issue from some doubts entertained ; and that a writ was issued or about to issue to take up the body of a person in the predicament your memorialist had described himself. Under these circumstances your memorialist seeing he was not in safety on the ground on which he had ventured to come, and not knowing who the object was that might be fixed on to determine this matter, he withdrew the same day into the State of Jersey, and an opportunity offering soon after from New York, he embraced it and returned to Eng land, and on his arrival wrote the above particulars to the commis sioners, and desired to know (as a report had been made to your Lordships, on claims examined subsequent to his, and no report that he could learn made on his) on what grounds the same had arisen, whether want of proofs of loyalty, confiscation of property, or value of the same, that he might bring such on either of these heads as would fully satisfy the commissioners; to which he received the following answer : Dated, Octob'r 1786. " The commissioners have reported on Mr. Aspden's case to the Lords of the Treasury, and cannot communicate the particulars of their determination to the parties. No further proofs are required of Mr. Aspden." That your memorialist in the month of June last on hearing the issue of a petition presented on his behalf to the President and ( 83 ) Council of the State of Pensylvania, signed by sundry inhabitants, and to which they listened so far as to remit the punishment of the law on his case but not restore any part of his estate, on the con trary directed that a plantation, the only unappropriated part, should be sold on the 29th of April last, ten days after the date of their charter of pardon — Presented a second memorial to the commissioners stating more fully the hardships of his case and suspense he was in as to the pur port of their report, the early and decided attachment he had shewn to the British government, confirraed from his constant residence in this country since the year 1776, the capital he had made to centre in England in conformity to the prohibitory act, which required all American vessels, under pain of seizure, to be sent to England, from the sales of which and cargoes, laden with that h? had sent, arose the capital here mentioned, — and also his support since he had been here derived from the interest he received from the same being invested in the public funds. The sacrifice he had made in abandoning America, where he had good reason to think he was as well settled, in point of connexions, profitable commerce and prospects, as any young man on the Continent, which in an high degree had been made necessary from the further means of his support having centered in England in the manner already stated, and doubts entertained of his own safety from popular tumult, on account of his well known attachment to the former government, which it had been bis wish and endeavour to preserve from the beginning, as far as in his power, and therefore desired the commissioners would reconsider his case, and allow him such relief under their report as his claim intitled him to. To which he received the following answer : Dated, June 1786. " The commissioners have reported on Mr, Aspden's case to the Lords of the Treasury and Secretarys of State, and cannot go on the subject of his 2d memorial," That your memorialist from the above concludes whatever may be the purport of the commissioners report on his claim the same is final, unless a reconsideration of the case is directed by yflur Lordships, which he is informed has been the case in some instances, and flatters himself from what he has here stated, the risk and expence he incurred in going to America to recover his property will make the justice of allowing it in this appear evident to your Lordships, and that you will be pleased to direct the com- missioners to go into a reconsideration of the same, and allow him such relief as he rnay be intitled to. Or if this cannot be done, your memorialist earnestly desires, as a matter in which humanity is concerned, that your lordships will direct hira to be informed on ( 84 ) what ground his claim stands under th ViT^J'^^r.^InVnTe^as Se- he mav be relieved as well from a painful ^'^t^fj^X'^f'Le time vented (should his claim be rejected) from wastm^Jiny more time on a business to which he has given the attention of years and experienced many inconveniencies. And your memorialist shall ever pray, &c, London, Decem'r 15th, 1785. Address at Messrs. Thom's Hankey & Co., Fenchurch Sir. London. Endorsed in hand writing of Matthias Aspden, — « Property claim'd under the Will of his Father. Plantation distant sixteen miles from Philadelp'a, ^^^^ „ ^ House in Philadelphia in which he lived, ^^50 0 U £4500 0 0 Makes Exchange 66fds. sterl'g £2700 0 0 Valued in currency as above under the affirmation of three respectable people in and of the country, Novem'r 10th, 1783. Estimate given in by himself to the commissioners previous to the revolt, considerably under the above." 63. Case of Matthias Aspden. A CASE. A. B, is a native of America, and settled as a merchant in Phila delphia, at the breaking out of the late war, in a line of business very respectable and profitable ; so much so that in course of a period of five years, say from his comeing of age, to the close of the year 1775, he added to his capital £14,000 curr'y, (exclusive of the expence of living, which was like his neighbours, handsome and proper,) and with every reason to believe from his haveing gain'd experience, encreased his stock, and become more known and esta blished,' he should in future years, make additions much more con siderable in proportion then this, A situation so desirable and flattering to a young man, is only mention'd as a circumstance to show the stake he had in what con- ( 85 ) cern'd the peace and prosperity of the empire ; and in particular, that division of it in which his residence was fixed ; where content with such advantages and local honours as it afforded, he should never (from the habits of education, and the line of his connection,) had the most distant wish to have removed. At the time it was debateing in many circles in America, say the years 1773 and 4, wether the country should admitt or resist the operation of those acts which where pass'd in the Brittish Par liament, for the purposes of colony regulation, he never himself gave any opposition to them, cr countenanced those that did — on the contrary, (speaking here on the ground of sentiment,) he con- sider'd taxation in those regulations, not the object in view on the part of Great Brittain, tho' connected with them, or ever would, as well from policy as justice, (while the monopoly of the commerce was secured,) as the exercise of those powers in the head of the empire over countries dependant, as where necessary for the pur poses of general good — and if resistance on the part of the subject was justified in any case, it could not be in that of the exercise of powers for these purposes, but in the abuse them. Influenced by the strictest loyalty, and motives of the purest affection for the real interest and happiness of the division in which he lived, he was desirous of an acquiescence thro' America in those regulations, and frequently expressed himself while it was safe, to this effect. In the month of Feb'y, 1775, the committee of the county of Philad'a, met in Philad'a for the purposes as reported, of recom- ending to the people to associate and arm themselves : this idea was received by him, and generally so thro' the city at that time, with that horror, if he may use a proper expression, that the com mittee drop'd the business, published a few resolves for encourage- ing the growth of wool, and adjourn'd themselves, leaving the town in a state of order and tranquility, untill the latter end of the month of Aprill following, when an account was received at Philad, of the affair at Lexington — this threw the people in this city and the country round, from the use that was made of it, into the highest phrency. The powers of the old government were superseded by the authority of mobs and committees; the people were recommended to arm immediately ; and every handle for this purpose furnish'd therefrom, faction could wish ; and no person much known, safe who did not lean or run with crowd. Soon after this he was apply'd to, to join a company of the better class of young of Philad'a, called the Silk Stocking company, who had taken up arms — this he refused, as a measure according to his way of think ing, unjustifiable, rash, and inconsiderate. The recommendations that were publish'd generally for the people to arm and form them selves into companys, not being attended with the effect the com mittee expected, the drew the matter closer, and recommended the ( 86 ) inhabitants in each township in the country to ^e^' ^' ^.^"^JP- pointed in their respective township; and the ^"habitants of each ward in Philad'a to meet at a house fix'd upon in their respective wards, and their choose officers, and form themselves in companys ; this measure drew every man's eye upon his neighbour, and made it dangerous for him, at least he thought it so, who was a young man in a conspicuous station, and could urge no excuse, or what the would think one, not to take some part in appearance on this occa sion, he at first endeavour'd to parry it by going with two ot his friends round to ten or dozen person in the ward the knew, and imediately in their neighbourhood, to desire the would meet at a place appointed, not that fix'd upon by the committee, and there without chooseing officers, sign conditions, or go out on the com mon, just learn the manual exercise, as a matter there could be no harm in. This was done the day previous to that fix'd for the general meeting of the ward, and happening to be heard of by some violent leaders of the same— the came down there, call'd the busi ness dark, mysterious, tending to divide, counteract, &c,, and spoke in that language that lead one to go, and another to go, that he became unsuported, and his intention in this matter frustrated. The ward company soon after this was form'd, which he went out to exercise with at occasional times, for about two months, for the reasons already mention'd ; and thinks on this account, he in so doing, in no respect departed from his allegiance, but is justified on the strictest principles of law and justice. No association paper was signed by him — and on this account he was di.sarm'd ; or in other words, persons where sent by the authorities of those times, to demand them. In the month of Septemb, 1775, he had determine'd to come to England, and had his stores prepared to embark in a ship of his that was then ready to sail for Bristol ; but the alarm at this time given to his friends, by the carting about the streets of Philad'a a respectable physician, of the name of Kearsly, to whom he had given hints to be on his guard, (that mischief was intended again the Torys, &c,) and who died in confinement about fifteen months after, a victim to this business — prevented him from going at this time, from the appearance it had of lessening the strength of his friends, and a desertion of them at a distressing period, tho' his own doubts of safety urg'd him strongly to it. In the month of March, 1776, a packet arrived from England at New York, with a large mail, which was sent ashore, and the let ters forwarded to hand as usual. At this time, the dead weight in the scale, to make use of the term of the times, where so got under from the doings and threats of mobs and committees, that not being able to be of any support, or scarcely comfort to them, whom he considered his frieiuls, and not without apprehensions, he might meet with some disagreeable assault, from the disorderly state the ( 87 ) country was in — he determin'd if not hinder'd, to go to England by this opportunity ; and accordingly reported, to make the objection and difficulty less, that the letters he had lately received, had in form'd him that some affairs of his in England, where in a very critical state, and required his immediate going there ; tho' this was said merely as an excuse, it would be departing from truth, not to allow, with his sentiments and in his exposed situation, haveing four-fifths of his fortune come to, was an inducement, and from the manner in which it came there, and the hands it might be in, (which will hereafter be related,) ho conceived his conduct in this respect, consistent with every principle of loyalty, honour, justice and law. He accordingly went to New York, and had a letter given him by his friend there, Mr, H, Wallace, one of the council, and now one of the attainted loyalist in England, to Govern'r Tryon, who was then aboard the packet laying at the Narrows, ab't twelve mile from New York, and which he went with, (haveing leave from the comittee, who first desired he would let them see what letters and papers he had, and to declare that those where all,) in the boat which pass'd between his majesty's ships and the town, for the purpose of furnishing them with provisions ; and on his reaching the packet, deliver'd the letter to Govern, Tryon, in comp'y with a person now in England, who came along with him, and was going there, and after reading the letter, told them he had no objection to their going in the packet, but must require as a condition, that the would consent to his inclosing all the let;ters and papers to Lord G. Germaine, which on application would be imme diately given them. Conscious of the ground he stood upon and was going, and strange as this proposal appear'd to him, he and the other told him the where very willing to it, and imediately offer'd their letters and papers for this purpose, to which the where told it was not necessary just then, but where desired to stay on board, as the packet might Sail in a very few days, and did, about a fort night, when two young men, natives of England, accompaynied by the brother of the person who had come with him, came down to Govern'r Tryon, who was then on board the Duchess of Gordon, a ship he had hired for his residence, and desired his permission to go home in the packet. The Govern, told them if the would take an oath which he showed them, and which was that the would in form one of the secretarys of state, and no other person, all the knew of any treasons, rebellion, conspiracys, &c. in America, the should go. Wether it was that one of the young men, who was bred to the law, thought the Govern, in this case, was exceeding his au thority, or that he might not like to leave a country under the odious character of a sworn informer, where he said he had been kindly and hospitably entertained — but the both refused to take the oath, and said it was hard on them, who wanted to go home to their relations and friends. The Governor told them, as they said, ( 88 ) he could neither suffer them nor any persons, to go in the packet who would not take it. This occasion'd the person who had accompany'd them, and whose brother had come on board the packet along with him, to come down to him, the packet laying eight mile below the ship the Gover'r was in, to tell him he must imediately go up to town ; for if he took an oath or affirmation such as Govern. Tryon said he should require of every person who went in the packet, it would so incense the mob, that their father's house in Philad'a would be puU'd down, and their family experience the utmost ill treatmeut. Perplex'd at this account, he talk'd with some of the other passengers (strangers) who where going ; per- fectfuUy recollected the condition on which permission was given to go in the pack, and could not believe after being on board so long, Gov'r Tryon would depart from what he promis'd. Yet to stay and the other return, would imply on shore, as soon as it was heard, a disposition in him to do any thing and incense a mob, who had near relations, and a house in Philad'a to pull down, to acts of violence as much as if it was known he had taken the oath, and who had as much reason to apprehend their resentment in such a case as any one — he therefore conclud'd he would go up to town, and desire his friend to get Mr. Mathews, the Mayor of New York, to go down to the Govern'r, whom he was often with on business, and enquire what the oath was, and if as it had been told them to get hirn to dispense with it as unecessary, and likely to furnish the mob with a handle to destroy his property, and do injury to his relations in Philad'a. As requested, the Mayor went to Gover'r Tryon, and bro, answer that the Govern'r would let him and the person that went along with him, go on the first conditions men tion'd, as he had given his promise, but would suffer no other per sons to go who did not take the oath. On this he went on board the packet again, and the other person along with him— his brother being satisf 'd with the answer the Mayor had bro.— first giveing to a person in New York who provided stores for shipping, a 118° to send if he could get permission, which the Capt. of the packet gave him, and desired him to do. On reaching the packet, he went and waited on the Govern'r, and after some conversation, offer'd again his letters to enclose ; this was waiv'd and another time said, would be more convenient, as it was not likely the packet could sail for some days. On this he return'd on board again, and the next morning the Mayor calling on board the packet in his way to wait on the Governor, to whotn he was going on some business, he de sired mm to urge the Govern'r to let the others go on the conditions he was gomg, one of whom he particularly knew ; but ^ot f.kpfv ' ^tTl'^''"*"'^ ^^}^^ ^^y°' t° be silent, as it was not likely, and had been as much he could do to prevail upon the Govern, to let him and the other go, to whom he had given a pro mise ; after this ab't a fortnight, Govern'r Tryon sent^s compU- ( 89 ) ments to the passengers, and would be glad to see them. They went, and the first thing he heard was Governor Tryon telling him he was sorry his duty required, that the passengers going in the packet, should all take the oath that has been already mention'd : his mind impress'd with doubts at this fickleness, or whatever else it may be call'd, he told the Govern'r that he had come on board the packet, and there remained on the first assurance he had given, and the same repeated a fortnight after, to the Mayor of New York, and could not take the oath, as well from his thinking it un necessary, as the handle it would give the mob for injurious pur poses on shore : that it was peculiarly hard to press it now, as he had wrote to Philad'a his going in the packet was finally fix'd, and to lock up or rent his house, and dispose of his servants, which he did not doubt was done : the oath of allegiance was offerd to be taken: the other, from not knowing or considering how far duty carries a good subject in this respect, prejudices on his mind respecting the character of an informer, and the other circumstances connected with it already mentioned, join'd to doubts, where persons change their mind without proper occasion, lead him and the persons with him, to look upon it as not reconcileable. The other passengers, five in number, but where not natives of America, or had connections or property therein, he believes took the oath. A day or two after he waited again on the govern, with his friend, to try if the could not get relieved in this matter, and if not to get a flag and be put on shore ; the were answered by the governor as before that his duty required it, and that it would not be dispensed with ; and that as soon as a flag came from New York, which was expected, they sh'd go ashore ; on this the returnd to the packet, and the next day were told wether the flag came or not the would not be allowed to go before the packet saild, a circum stance that struck them as very unjustifiable ; and that the govern's boat then would come and take them out ; accordingly the morning the packet saild, the capt, or some person on the quarter-deck haild the boat belonging to the ship the govern, was in and usually at tended him, and was then near either going or returning from some vessell in the fleet, to come and take the passengers out, that were not to go, which she did, and then went on board the ship the govern'r was in, say between eight and nine, who was then not up, but as soon as he was, and the saw him, the desired he would let a boat land them as a flag on the nearest shore ; this was not com- ply'd with untill the next morning, wether from the desire, as he was politely pleased to express, he had that the should dine %vith hira that day, or that he, or the person with him might be capable of giveing information of the packets sailing, to hurt of the service, he does not decide ; the first ground from his refusal was not over palatable, and the reflection that it might be the latter, from the character under which he had come on board the packet and dis- 12 ( 90 ) approbation he he had express'd of the measures a shore, painfull to him. The next morning, a certificate he had requested for his protection to show the comittee or the officer of any comanding party on shore was given hira, setting forth that he had come from New York to go in the packet to England, but the alterations which the goven'r had made in the conditions on which he could allow him to go, or to this effect, had prevented him and the person with him, and occassiond their return on shore ; a boat was then furnish'd with two hands who rowed them ab't four miles to the shore, he holding as the approach'd the same, a flag, and was met when the landed, by a guard of soldiers, to the officer of which he showed his certificate, and desired he would not hinder the boat from going back to the ship, which he said he should not, and the boat accordingly return'd ; but that the must go before the com mittee, which the did with a person sent with them, to whom he showed again the certificate, and related the reasons oftheir return ; the seem'd satisfied, and said, the where at liberty to return to their homes. On this he imediately went to Philad'a, where he remain'd ab't six weeks, when a gentl'n of his acquaintance came up there from Maryland, who was on a very friendly footing with the late Sir Rob'r Eden, the then governor of that province, and mentiond that he was going to England very soon ; and that the convention setting at Anapolis, had given leave for a flag to come and take him away, and that if he would go, he would give him a letter to him, and was certain that Govn'r Eden, would get him a passage along with him, and that the convention would not hinder it ; on this he ventured to go, deliver'd the had to Governor Eden,' who received him with much civility, and told him, he should be very happy to get him a passage with him, but could not fix any thing certain on this matter, untill he saw Capt, Montague, of the Fowey Frigate, who was the flag that was come for him. Two days after, ab't four in the afternoon, the Fowey came up and anchor in the bay of the town of Anapolis, and ab't four miles from the same ; Governor Eden very soon after with a young man from Philad'a, who come there to go with him to England, and from thence to the East India, where he went, and returnd back three years ago with a handsome fortune, without ever being pro scribed or attainted in America, and a person of the town went on board, and said the should return again that evening, and he sh'd know wether he could go or not ; but the not doing it, or per haps intending it, he got no answer that night. The next morning complaint was made to the convention, that some indented serv'ts had run away in the night, and gone on board the Fowey— an officer was sent to demand them— the were refused— on this the convention voted the truce broke, and forbid the govern's stores, or any intercourse between the shore and the ship; threats came from the ship, if the govern's stores were not sent off the would ( 91 ) fire on the town ; on the side of the town where there was large body of soldiers laying, the threatened in return if the ship did fire, they would put every tory there to death ; and had any fireing on the town takeing place, there was to much room to think some acts of violence of this kind would have happen'd; at least he, and he believes some others in the town, were apprehensive of their safety. But the Fowey proceeding down the bay the day after without firing, quieted the town, and relieved him from those doubts he had been before under. The day after this, he retired to gentleman's house of his ac quaintance ab't twelve miles in the country, as a place of greater security and more out of the way of insult of any disorderly people in the town, where he remaind several days, and then went to Philad'a ; for him to have attempted to have gone on board the Fowey privately, would been running great risks from the guard boats rowing along shore, and as stranger impracticable, who did not such time as mention'd, know where to apply, or whom to trust ; again, he could not but consider it as a slight on the govern'r to take of the person he did, one who went and whose view was to go to the East India to make his fortune ; the other most likely only to be out of the way, and leave him to take all chances; his recep tion had he gone on board privately, might been on the quarter deck, or it might have been with the herd otherwise. On his return to Philad'a, he went to reside with relations, his own house being let while he was on board the packet ; and there staid untill ab't the middle of Sept,, when a little vessell unarm'd offering for Corrunna, in Spain, of ab't 40 tons, on a mere voyage of trade to support the man's family, whas the master of her; he was induced literally to take his chance in her, (captor not meant) from the disorder the country was in, and the constant dread he was under of some disagreeable event, from his neither countenanceing or approveing their measures, and was convinced and had been from the begining, in belief the would soon sorely repent ; he accordingly embark'd in this little single deck float-stage, to use the captn's expression, the 18th Sep't 1776, before the had the equinoxtial gale, usual at this season ; and after a tedious and harrassing passage of seven weeks and better, arrived on the 10th of Novemb'r following, at Corrunna, where imediately on his going shore he waited on the Consul, and told him, from cross circum stances, he had been lead to take that rout to England, and claim'd his protection as a Brittish subject, which the letters of credit he bro't from well attached people in Philad'a to Spanish houses there well supported, and was extended to him dureing his short stay, in the most friendly and polite manner, A large Leith Sloop, offering from thence to England, he took his passage in her, and was put on shore at Dover, the 2d of Decem'r following, and immediately proceeded to London, where a day or two after, he was call'd upon ( 92 ) by a merchant of the first repute in the city, who ktiew his cha racter, acquaintance in the country and line of^ connection, and told by him the Secretary of State, Lord G, Germaine, would be glad to see him ; and express'd this as from him, without which from the long time he had been comeing from America, the little he supposed himself to know, he should have thought it forward in him to have gone, tho being known to him was highly proper in his situation ; and on this account shl'd have wish'd it. He accordingly went with the person here mentiond, and had a conversation with the secretary for two hours and better, in the course of which, he answered him with candour every question he ask'd him, and with out reserve ; and gave him every information he knew of the state of things in America, as much as if he had been sworn to it a thou sand times over ; and believes Lord G, Germaine, from his be haviour was perfectly of the loyalty and character of his visitor. In the vessell in which he came to Corrunna and to England, he br't a young man at some expence who had been taken in a ship he was master of, going from Dominica to Bristol, and carried into America, which ship he commanded out of the port of Philad'a when she belong'd to him, before the prohib'y act took place, and might then really belong to him and who was much press'd in Philad'a from his being known to be an active, intrepid seaman, to take a command in one of their armd vessells, but was prevaild upon by him to reject it, and to go to England where he had a wife and show himself, and let them see he had not betray'd his trust, and where he would take care to give him employ ; which he did without benefit or view to it for several years, merely to serve a faithfull serv't, and to keep him from engageing in measures he did not approve of; or otherwise it was likely he might have done, from the difficulty an American capt, had to get bread in England. As his coming to England was on account of the reasons men tioned, and not to avoid any obligations of duty as a loyal subject, or as an adventurer to traffic, which even if he had been disposed to from the precarious state of the islands, and his want of know ledge, (as a stranger,) of every kind of business in England, was in a maner impracticable ; nor was it necessary, for a liveing from the funds he had in England being sufficient for this ; which were prin cipally laid out in annuities at the bank, to the service of the state, and which, if he now wanted for the purposes of commerce or pur chase of lands, he must sell to considerable to loss. His residence, since his first comeing to the 10th of June last, (a period of near nine years;) except an excursion of six weeks he took one summer to Flanders and Holland, but never to France, has been constantly in England, where he is sorry to say he has experienced, from first to last, treatment of the most pointed ne glect and studied unkindness ; and had he been capable of departing trom his duty and joining in rebellion, the cause has had has been ( 93 ) great. Invitations has been given to an American, lodgeing in the same house with him, to corporate dinners, and none to him, whom he believes the know to be a man of as fair prospects and as much credit in America as ever was in their city. In London, where he has principally lived, and the greater part regularly of five year at one house in Norfolk street in the Strand, not a per son of his mercantile acquaintance from the city, the only acquain tance he had, or as an American, was able to get, ever call'd upon him to say, are you sick? are you well? are you in comfort or affliction? will you take a walk this morning in the park, or have you been to a play or to any public place, or will you go ? not a single call in this way from any one, except one from one who had reap'd considerable proffit by him, and a distress'd loyal-ist now and then for assistance, which was never denyd. This situation, joined to his views and prospects in life being cut up, and no likelihood, from the turn things had taken in the division he had left of return ing, which was his wish and intention, to any good purpose, that it was more than he could support. His mind was also much de- press'd at times, on account of the channel thro' which he came to England, which lead him to doubt he might be at the mercy of the letter of the law ; and from the partial suspension of the habeas cor pus act, not entitl'd to it, and to wish he had repair'd imediately to the Brittish standard in America, and got a certificate or pardon, tho' never supposed himself, from any thing he had done, to stand in need of any from the comissioners, and their leave, when conve nient, to come England. But the idea he was thoroughly prepos- sed with, that the whole business would be over in a very short time after the arrival of Sir Wm. Howe, and the country restored to peace and tranquility, made him think it perfectly immaterial. In February last he was examin'd by the comissioners for Amer ican claims, on the subject of a memorial which he had presented fifteen before, in substance what has been here related, and that, from his not appearing to answer on tryal on charges of high trea son again the state of Pensylv'a and United States, in assisting and adhereing to the enemies of them, he stood convicted of the same, and his estate seized and forfeited to the use of the state. That in June last, supposing himself to be protected by the 5 article of the treaty for a year, and in consequence of letters he had received from relations in Philadelphia, telling him that such persons were and had been there in his situation ; and that, in their opinion, the believed he would be safe, this he supposed was from the mob, he ventured to go, first acquainting the secretry of the American commissioners with it by aline, bnd that his view was to use his endeavours to obtain the reversal of his attainder, and, if practica ble, to obtain restitution of his property, (tho' in his own mind he had no hope, the first being his object), and if he did, would give him early notice, for the information of the comissioners, and with- ( 94 ) draw his claims ; it not being his intention, if he got restitution there, to get compensation here. And this he believed he should know long before any report in England would be made by the comissioners on American claims. The latter end of July follow ing, he arrived at Philada. waited on the governer, and acquainted him with views and ground on which he had come, and remain'd in the city ab't. ten days, when from the expressions of some and behaviour of others, he began to doubt he was not in that safety he supposed himself, and to think it necessary to take the opinion of council on the protecting articles of the treaty — which he did — and was informed by him, that the practice of the courts considerd no person as protected by the treaty where judgment had gone again them ; and that he knew it, and thought it but fair to say (or words to this effect) that the judges had it impress'd on their minds as their duty to bring this question on the treaty to an issue. On knowing this it distress'd and surprisd him ; and he withdrew the same day into another state, where again he consulted council, but finding he had no protection, he took an early opportunity which offered from New York and return'd to England ab't three weeks agoe, after an absence of little more than three months. Thus far has been a relation of his situation, sentiments, and con duct, from the first begining or before the war to his return to England. It is now necessary and fair to relate in what manner, a conformity to the act of the 16th of his present Majesty, call'd comonly the prohibitory act, affected him as a merchant whose capital lay in vessells and effects necessary to load them with. This act gave power for transporting an army into the colonies for the purposes therein mentioned. And declared that all the vessells belonging to the colonists should be sent to England on or before a period men tion'd in the same, or be deemed the vessells of enemies, and taken as lawfuU prize, wether met with at sea, or laid up in the ports of America. In Feber'y 1775, he sent a ship with a cargoe of flour to Cadiz without drawing for any part as was customary with most merchant in Philad'a, which neated him at nine months about or near £4000 str'g. This vessel return'd in ballast in June when the act before mentioned had got to Philad'a, and the intention of it known. This lead him to load her back again with a lighter cargoe than before, and as he had a good deal of money by him without draw ing, and to direct the house he consign'd her to send her to the Bay of Honduras, withcertainarticle.s proper for that mark., where the capt. had orders to lay the same out in a cargoe of mahogony, &c. and proceed to Bristol, and there lay the ship up, as a cheap port, untill peace was restored. This was done, and the ship arrived safe at the end of her voyage. In the month of March, same year, he dispatch another very fine cedar ship, on a profitable freight to Cowes. This vessell return'd ( 95 ) the 27 Aug. following ; and he loaded her without drawing, and was the ship he intended to have gone in back to Bristol — oak plank board, bar iron, and other articles ; and there directed that she should be laid up untill peace was restored, as he had directed the other. In Aprill, the same year, he had a brig came in from Antigua, ab't 170 tons burthen, with a cargoe of rum, the then had got the account of the passing of the prohibitory act, and being in an oaken vessel not proper to keep, he loaded her with a cargoe of flour without drawing, and dispatched her early in May for Lond'n. with orders to sell the vessell for what she would bring, more or less, and the cargoe, as the market was best likelj"- to answer. The vessell which he esteemed when she left Philad'a worth £900 curr. did not neat him or was not carried to his credit more £23 strg. which he paid, or as much for the Captn. passage back. By the sale of the cargoe he sunk half the freight or more. At this time he had in port a valuable consignment from the West India, which he sent back with the neat proceeds of the cargoe she had bro't, and informed the the owner that he had declined business and desired he would not send the vessell back to him again, as he should not engage in any untill peace and tranquility were restored again. The principals of the house in Cadiz where he made the consign ments mention'd here, lived in London. Thus fourth-fifths of his fortune, (not capital) centre'd in England. His vessells as pledges of his fidelity, and proofs of his sentiments and loyalty, the cargoes as marks of his confidence and attachment to the British govern ment. He could go into other particulars as is well known at in Bristol, of persons, natives of America and others, that were kept in employment by him, more with a view to serve them, and keep them where the where, than any view of benefit to himself, and which if he had not done, the would most probably, from the difficul ty as mentioned of American captns. getting employ in England, have gone and join'd the revolutionists in America, and been deem'd by them a valuable acquisition. He made no claim of debts from being told abroad the comis sioners, from their being recoverable under the treaty, would pay no consideration to them. In his case it is not so ; nor can he, as he stands convicted of high treason, either give a legal discharge, or bring an action in the court to recover them. His debts are but sraall, and two, amount'g to £120 curr'y owing him by Quakers, have been paid ; he relinquishing all interest which he did not think proper to hesitate ab't. His plantation has been valued under affirmation by men of strict probity, at £1150 ; but the value he claimed was not more than the land would sell for before the war, where there no improvements upon it. And there fore think this valuation ought to stand as made by persons who better knew the same than he does. ( 96 ) pis house has been valued by the same persons and from the very extraordinary price estates has rose to in the city of Philad'a since the peace, at £3350, rathep'less than it would have sold for at the time. But still as claiming the same on this ground, look'd like a desire to proffit by the revolution, he waved it, and claim'd only £1000 str'g, what he suppose the same would have sold for at public sale — this perhaps is not the right mode to value an estate at what it would sell for at public — but he is content. He never haveing acted with any expectation of reward or view to make property of the state. The College of Philad'a, to which his house is appropriated; he has every reason to believe has not received less than £lOOO rent for the same, since the confiscation of it on 1 Jan'y, 1781, and the state he supposes at least £lOO rent for his plantation. These sums where not any claim of, but the rent of the house say £110 before the war, and £16 rent of the plantation let to an old tenant as an indulgence longer than he could remember, told the comis sioners****** 64, Lord Lansdown to Bishop White, Ld, Lansdown presents his compliments to Dr, White, He has just receiv'd a letter from Mr. Wilmot, which says, " That Mr. Aspden did not, when before the commissioners, make out his loyalty to their satisfaction, and that it is not in his power at present to take up the matter again ; but that if Mr, Asp den will send any papers or certificates relative to his case, atten tion shall be paid to them whenever the business will admit of it," Ld, Lansdown will when he sees Mr. Wilmot speak to hira further on the matter. He requests Dr. White and Dr, Prevost will both accept his best wishes for their safe return to America, and for every possible suc cess in their Holy calling. He is very sorry that the shortness of tneir stay in iingland has prevented his improving their acquaint- J!l ^^^^,u° ^'' P^'"'>'="l"ly remember'd to Mr, Jay, and that they wiU have the goodness to deliver the inclos'd letter to Mr, Arthur Lansdo-wn House, 4lh Feb'y, 1787. ( 97 ) 65, Certificate of Governor Tryon, London, ye 13th Feb'y, 1787. I do certify that the oath I required of Mr. Aspden on his coming on board the Swallow packet to go to England, in 1776, which he declined to take and returned on shore, might not have been owing (notwithstanding the motive 1 had in it) to any disloyalty in Mr. Aspden, as most probably had he acquiesced, and proceeded on his passage, his property in Philadelphia would have fallen a sacrifice to the rage and intemperance of the times. Wm. Tryon. To the Hon'ble Commissioners American Claims, Lincoln's Inn Fields, 66. Certificate of John Nutt, 1,'do hereby certify, that having received, from undoubted author ity, the character of Mr. Mattheas Aspden being a loyal subject, I introduc'd him to Lord George Germain, then Secretary of State for the American Department, [at his Lordship's desire,*] and was pre sent at the whole of a Urag conversation, in which Mr. Aspden gave his Lordship much information, and the clearest proof of his attach ment to the British Government. John Nutt. London, 20th Feb'y, 1787. * [The words within brackets are interlined, and appear to be in Mr. Aspden's liand-wriling.] 13 ( 98 ) 67. Matthias Aspden to Alderman Harley, Mr. Aspden presents his compliments to Mr. Alderman Harley— takes the liberty to express to him, as a Member of Parliament, that he thinks his case has been oppressively considered by the commissioners for American Claims, according to circumstances, and as they have done to others, who has been, he believes, a more real acquisition to this country than any party comeing within his knowledge from America, and whose situation and establishment as a merchant in that country, has been in a particular iiianner rooted up and made subservient to the policy of the prohibitory act, in bringing his capital (say £20000) from the general stock of Amer ica and adding to that of this country, as far as it went, and con- tinueing there. Two very fine Cedar ships of his were sold at Bristol in '75, and bo't there by his friend who retained the Captains on his account in his employment, who otherwise, as the were active and enterpriseing men and inclin'd, would have gone to America and taken part with the insurgents ; and from their skill and knowledge done much injury, he has reason to believe, to the interest of this country. Another sloop of his was sold in Liverpool, — and a fourth vessel, the Ranger, in London, which neated to his ace. not more than £23 15 8 ; sinking on the cargoe, consisting of flour, con siderably more than the freight ; had he kept them in port the must been seized and destroy'd with the other shipping ; employ them he could not as a loyal subject, as this w'd been aiding and abet ting the insurgents ; sending them, therefore, to sell for what the w'd bring was his only alternative, such being the peculiar hard ship of situation. He sees that £60000 in one instance, and £500,000 in another has just been allowed for unproductive pro perty— surns to arise out of lands to be carried to market for fifty years to come. On this principle why not allow him for the prof- fits of his trade which up to this time he has not a doubt would have amounted to near of £100,000, as there was not in America a merchant better settled or in a more pi-osperous way than him self, he believes. He would, therefore, flatter himself when the above comes before Parliament as a matter ofjustice and right that some notice might be taken of his case, who has been in a manner ruind and drag'd from his connections by the indescriminate, and he may add, too extensive operation of the prohibitory act — and not when the are going to be generous to others to refuse what may be just to a friend. He could not go to America to obtain any restitution of his right and properties ; and is now prevented from ( 99 ) raakeing any further use of his time, talents and capital, by one of the sorest affliction, (an injury in his sight,) which he believes has been principally caused by the trouble he has experienced from the late unhappy dissensions in America. Mr. A. on his comeing from America in Decern. '76, was intro duced to Mr. Harley by Mr. Warder, of Philad., and had the plea sure of dineing and breakfasting with him several times ab't that time, and much conversation on the subject of American affairs. In America he was ever ready to render to natives of this part of the Empire every office of kindness and benevolence ; to acts of justice he always thought himself bound ; he would, therefore, flat ter himself he will not want an advocate in his case in this respect in Mr. Harley. That merchants in the most respectable and lucrative lines of business should be rejected, and allowances made to those call'd profesional men, who were in a manner supported by them, as well as there being no amnesty in the treaty, must also strike hira as a matter of peculiar hardship, and inviduousi He will further add, that there is no claimant from Pen.sylvania that stood there on ground, he believes, of equal responsibility with himself. His estate was valued by Henry Drinker, Joshua Howell, and Ab'm Liddon, (Quakers,) in '83 at £4500, and would have sold from '79 to '84 for upwards of £5000 cur'y. Say - - - - £5000 0 0 Rents he sh'd have recei'd had he been a disloyal sub ject ab't, from '76 to '89, - - - 2000 0 0 £7000 0 0 Rent rece'd only - - - - 13 0 0 6987 0 0 He may add loss on vessells and effects - - 3000 0 0 £9987 0 0 Sum allowed £1184 after being kept six years in suspense — money £1065 12=curr'cy £1776 0. Lower Brook Street, No. 17, July 2, '87. He has since the delivery of certificate, in Nov. last, made a representation to the commissioners on the subject of this claim, but could get no redress. ( 100 ) 68. Memorial of Matthias Aspden to the Commissioners of American Claims. , To the commissioners appointed by act of Parliament, to enquire into the losses and services of the American lo3'alists — The Memorial of Matthias Aspden, formerly of the city Philad'a. Sheweth, That your memorialist presented to the commissioners in Decemb. 1783, a memorial, setting forth the losses he had sustain. in consequence of his loyalty and attachment to his Majesty's governm. and was examind on the same in the month of Febr'y 1785. That in the month of June following, your memorialist embark'd for America, under a belief that he was protected by the treaty at least for a year, with a view to try if he could recover any part of his estate, of which he wrote Mr. Foster for the infor mation of the commissioners, some time before his departure; and if he should succeed, that he he would transmit early notice ofthe same and withdraw his claim. That your memorialist on his arrival in Philadelphia found him self in no shape protected by the treaty ; and was induced there from to embrace the earliest opportunity of returning to Engld. Particulars of which he wrote soon after his arrival to Mr. Foster, and desired to know as his name was not down in the list for com pensation, on what ground the same rested, that he might be pre pared with such proofs as were necessary. The answer he received to this, was such as he does not know at this moment, he rightly understands, but supposes the commissioners, from the tenour of his examination, or his going to America, had concluded his property would be restored to him, and therefore had not reported his name in the late list for compensation. Your memorialist states that he had little or no expectation of this when he went, but was willing to make the experiment, and take the burthen from this country if he could ; and has now no hope that it will ever be restored hira, his house being appropriated to the use of the college, and the planta tion described in his former memorial, absolutely sold on the 29th of Aprill last, for the benefit of the state; notwithstanding a petition on his behalf had been presented to the council, signed by sundry inhabitants of Philad'a, to which they had attend so far as to remitt the punishment of the law in his case, by their patent of pardon, dated the 18th of Aprill 1786, but not restore any part of his estate. •' ^ ( 101 ) That your memorialist had he not been opposed to the revolt, and attach'd to the government of this country, of course reason to dread some popular madness in his own, it is not reasonable to suppose he would have left America at the early period he did, or come to England. But if the commissioners are not already satis fied on this head, he thinks the fullest proof can be furnished, if any greater need be required, then haveing on this account been attainted of high treason — his life and estate forfeited, and the lat ter seized, sold and appropriated. That your memorialist from a conformity to the restraining bill, center'd upwards of £10,000 sterling of his capital in England ; and here he thinks it is but justice to himself to remark, he gave not only a mark of his confidence, but a pledge of his fidelity, tho' it may be urged that this was doing no more than his doing, but in this he presumes there is a merit, or it may be said on this princi ple, what has any loyalist done more to entitle him to indemnifica tion ? He thinks it further proper to observe, in conforming to this act of duty, in placing so large a share of his property out of hand, that he was on very different ground from those whose properties rested solely in the country, and more directly call'd upon to leave the same, then the were — who avail themselves of the proclama tion, issued by Sir Wm. Howe, in fav'r of those who remain'd peaceably on their estates — or the plea held justifiable by the ablest writers on the duties of allegiance, that they were not bound to abandon the same, unless the saw reasonable hope of protection, and therefore on this account, exposed to risks and handships, a great proportion of his majesties subjects in America were not, and ultimately to losses from the services he could have render'd by comeing in that needed not to have been sustained. Your memorialist further slates, that part of the above men tion'd property was made use of to emply two persons that com manded vessells of his in America before the revolt ; one he bro't with him to England at some expence ; and had not his influence prevail'd, would been gladly retain'd as an acquisition in the coun try. Mr. Lancelot Cowper, Merch't of Bristol, can testify his motive on this occasion, and who had the direction of the vessells the were in, and that he did not gain as much advantag by the same, as even interest for his money ; and that if he had not retain'd them in his service, and given them the employment he did, that it was most probable the must or would have gone to America, from the reluctance there was in England, both to underwrite and to give the command of vessells to natives of that country, to get em ployment there. Another part of this sum was early invested in the Funds, and afterwards the whole of it — and this at a period far from flattering, from a doubt on the minds of many, that the continuance of the war would give thera an irrecoverable stroke — ( 103 ) and which there was some reason to suppose would been, had it not been for the success of Lord Rodney. This your memorialist cannot but think must strike the comissioners, as a further confirma tion of his attachment to this country — when it may be recollected that had he not been so disposed, he might have gone to France, placed the property mention'd here, in the Funds of that country, which afforded nearly equal if not quite as much advantage and safety as those of this — and made use ofthe income from the same, for his support there that he has done here — and would therefore note that this uniformity and steadiness must add weight to his claim. Your memorialist further considers it his duty to state to the commissioners, that he cannot but think himself, notwithstanding the remission in Pensylvania of the punishm't of the law in his case, as much entitled to compensation on the principle the same is made (without mean,) as the Rever'd Mr. Dushe, Mr. James Delan- cey, Mr. Shoemaker, Mr. Philips, or any other loyalist, particu larly those who took the lead in the revolt ; and on this account, had nothing to dread from popular phrensey, which those who where opposed to it, certainly had. Your memorialist cannot help expressing it as his opinion, that there are few, if any loyalists, all things taken into considera tion, who have made a greater sacrifice in abandoning America, than he has done — who unquestionable, as well as settled in business, he believes as any young man on the continent, at the commencement of the revolt — or whose acquisitions these eleven years past, had the peace of the country been happily preserved, would been greater — and whose gains he believes would been still greater, had he swerved from his duty, and remain'd in Philad'a, and taken ad vantage of the openings that presented during the war— join'd to the very valuable connections he had in islands amona the French. * Your memorialist therefore prays the commiss'ers will enquire into the premisses, that he may be entitled to such relief under their report, as case as intitles him to. ( 103 ) Additional remarks of Matthias Aspden, to Commissioners on American Claims. Mr. Aspden in addition to the statement he lately presented to the commissioners, desires to submit the following : — 1st. From the language express'd in both Houses of Parliament, (as given out in the papers,) on the case ofthe loyalists at the time of makeing the late peace, he conceived it not to be the sense or inten tion of Parliament in makeing compensation to them, to tye them up or restrict them from going to their former places of residence when the chose it, if circumstances would admit — and in this was fur ther confirm'd from the tenor of the bill brot. into Parliament, under the authority of which the commissioners act, which he conceives goes much to strengthen this believe — as assistance is promiss'd to such as may be able to go back, and there endeavour to recover their rights and property under the treaty. 2dly. From the wording of the 5th article of the peace, which recommend the case of real Brittish subjects, then of others resi dent in districts, &c. within the possess, of his majesty's arms, he conceived the loyalist where acknowledged and deem'd citizen and subjects of the United States; and their condition blended with those who were in America when the same was declar'd out of the protection of the country, and had remain'd there ; and were by this act, the treaty of peace, and the act which confirm'd the same, made and deem'd aliens and foreigners; and could have no more right de facto, to purchase and hold lands to their use, or ships under the navgation act, then other foreigners and aliens. 3dly. From the foregoing considerations, when ask'd by the commissioners in his examination, whether he intended to return to America and live there, he was led to answer in the affirmative, that he did ; nor could he conceive from fair answer to a question that might have a drift, he was saying any thing that not be makeing out his loyalty to the satisfaction of the commis sioners; if he was, he trust from the ground here mention'd, which led him to it, the little security there is in the ipse dixit of parties saying the contrary— the will not suffer this to weight with them in not allowing him that compensation on his claim, he thinks he is justly entitled too. 4th. That had he known, (of which he took all the steps he could to learn,) his real situation in Pennsy. under the treaty, he should not, nor would not, have given this answer to this question ( 104 ) - ' - ' - that since his return from his perilous voyage to America, he has consulted concil, Mr. Douglass of Lincoln s Inn, on the subject of the second article in this paper, and learns from the same, that he, in his opinion, has every right under the law, with other Brittish subjects— notwithstanding the predicament he was placed in with all the inhabitants of America, by the prohibitory act, treaty of peace, &c. ; he further adds, that since he has had this opinion, it has been and is serious wish and inclination, to settle and fix in this country. 70. Certificates of certain persons respecting Matthias Aspden. Bristol 17 Febr'y, 1787. To the commissioners for American claims : Gentlemen — In the case of Mr. Matthias Aspden formerly a considerable and much respected merchant in Phila., where his property, to a large amount, in houses, wharfs, &c., has seized and confiscated, as I understand, solely on account of Mr. Aspden's loyalty to our King, &c. A general correspondence with Mr. Aspden since the year 1774 ; together with full information from Americans of character now in England, I am convinced that his best endeavours were exerted to oppose the violent measures adopted by the enemies of this country during his continuance in America — and since he left it. A while before Mr. Aspden consigned to me two pret ty expensive ships, which were his own, and fitted out at Philadelphia, under no better prospects than employment when here than bare freights whenever any offerd. As both vessels became yearly of less value, and did not earn beyond their general expenses, I won dered why Mr. Aspden should send them to England under such prospects, untill I knew his chief motive was to give employment to the commanders, mates, &c., whom he had a friendship for ; and wished jthem not to act again Great Brittain. To sell these ships at the time, I recomended ; Mr. Aspden refused on the principle of continuing in employment said comand'rs and mates, especially as all of them were Americans, strong, and not likely to procure berths in similar stations here, or in any other port in England that I knew off. These matters I thought necessary to mention to you, as also Mr. Aspden kept the two ships employ'd ( 105 ) untill one was taken by an American privateer ; and other cast away on a voyage to Quebec, near Newfoundland, afterwards. I am, Gentl'm I do certify that Mr. Matthias Aspden of Philadelphia came to Maryland a loyal subject attached to the Brittish government, in the month of June 1776, to get a passage to England in the vessell appointed to take Sir Rob. Eden, to whom he bro't letters of rec^mendation. Mr. Aspden would have accompanied Sir Rob't had not the convention at Anapolis from some supposed breach of the truce, forbid all intercourse between his Majesty's ship the Fowey and the shore, Soon after Sir Rob. got on board, by which sudden and unexpected interruption, Mr. Aspden was prevented from embarking. Rob. Smith. 16th Feb'y 1787. Philadelphia, Sept. 17, 1776. Dear Brother — The intent of this letter is to introduce to thy acquaintance my friend, Matthias Aspden. I therefore take the liberty to recomend him, as a person of probity and fortune, not in the least doubting thou'lt contribute what may be in thy power to render his stay in London as agreeable as possible. His knowledge of the situation of public affairs will enable him to give thee a perfect state of thera. Thy faraily and relations are well. I subscribe myself thy affect. Brother, Thos. Wharton. To Samuel Wharton, Esq., London. I do hereby certify, that haveing received from undoubted au thority the character of Mr. Matthias Aspden being a loyal sub ject, 1 introduced him to Lord Geo. Germain, then Secretary of State for the American department, at his lordship's desire ; and was present at the whole of a long conversation, in which Mr. Aspden gave his lordship much information, and the clearest proof' of his attachment to the British government. Decm'r 1776. John Nutt. London, Feb. 22. 1787. I do certify, that I was personally acquainted with Mr. Matthias Aspden of Philada. from his early youth, and that at the com- 14 ( 106 ) mencement of the late unhappy dissensions in America, and since the same. I always considered and believed him to be strictly loyal and attached to the Brittish government. J. Duche'. Asylum, Feb'y 26, 1787. I do hereby certify, that I have always understood that Mr. Matthias Aspden, was at the commencement of the late unhappy dissensions in America, attach'd in principle to the Brittish govern ment, and totally averse to the revolution which has succeeded. And that 1 verily believe his mustering a few times with a comp'y in Philada. arose frora an apprehension that he would otherwise been injured in his person by the insurgents, and that such muster ing was not voluntary but compulsive. J. Galloway. Oxford Street (161). Feby 16, 1787. J do certify that I was personally acquainted with Mr. Matthias Aspden of Philadelphia, a great number ofyears before the late un happy dissensions in America. And notwithstanding his going out to exercise a short time with the people of his ward, I have every reason to think, and do believe he was loyal, and attached to the Brittish government. Tho. Yoeke. Tunfield, No. 70. Feb'y 26, 1787. I do certify, that I was personally acquainted with Matthias Aspden, Esq. late of Philad'a, merch't, many before the rebellion in North America. And that his conduct at the commencement evinced strict loyalty to his sovereign, and attachment to the Brit tish government — and I believe entirely declined an extensive and advantageous trade, that he might not in that or any other way, aid or abet the revolt — and from the inSult and ill treatment he had to apprehend from the insurgents, was induced to leave the country and come to England in Decem. 1776. , , „ Enoch Story. London Feb'y 22, 1 787. No. 38 Tower Hill I do hereby certify that I was personally acquainted with Mr. Matths Aspden in Philadelphia, several years before the commence ment of the late unhappy disturbances in America. And that I always considered and believed him to be loyal and attached to the Brittish government, and that I believe his going out to exercise ( 107 ) with the ward company in which he served sorae tirae in the year 1775, a measure that a great part of the inhabitants were obliged to fall in with, was not voluntary, but done to avoid the resentment of the mob, which otherwise might have fallen upon him. David Sproat. London, Feb'y 24,1787. 71. Petition of Matthias Aspden to the House of Commons. To the Right Honorable the Commons of Great Britain in Par- liament assembled. The petition of Matthias Aspden, an American sufferer, for merly of the city of Philadelphia, merchant, Sheweth — That your petitioner is a native of North America, and the only son of Matthias Aspden, a native of England, born in Lancashire in the year 1690, and went about the year 1718 and settled in Phi ladelphia, in North America, where, after some years of industry in the business to which he was brought up, he acquired property with credit, and became, about the year 1730, a considerable merchant in that city, well known in England and the southern parts of Europe, and equally respected for his probity and punctuality in the discharge of his engagements : that in the further course of his business he acquired a considerable fortune, which on his decease, in the year 1765, was left to him and a daughter by a former wife, now resident in America. The personal part coming to him was placed out to interest on mortgage in Pensylvania, and with the in come of his real estate, and that on money left him in the funds in England, produced him, in that country, a very handsome and gen teel support.' . . That your petitioner, from instructions received from his father, and his- own observations, added to some speculations during- his minority, acquired a knowledge of the general principles and grounds of commerce, and preferring a life of usefulness to that of inaction and retirement, was induced, on the ground of the secu rity of the local government he was living under, and the rights of a British subject, soon after his coming of age, in the year 1770, ( 108 ) or, as he has since leartt'd before h© became of age, to embark in the maritime commerce carried on and admitted in the colonies. That your petioner from employing his capital in that line of bus,iness was early led to a knowledge of the relation in which the colonies stood to Great Britain, the footing the navigation act was on, and of the disposition that took place in England on the peace of 1762 to retain that controuling power in the head of the State over the same, necessary to give compliance to that act, secure the dependance, connect the parts together, and call forth the strength of the same for the general welfare, as circumstances and exigences might require. That your petitioner, satisfied therewith, was sincerely desirous that the inhabitants of the colonies, as citizens and faithful subjects, would meet the sense of iheir brethren in England in their ideas in that respect, and as one people, by suitable acts and regulations, keep under one head. To that effect his sentiments were frequently expressed and endeavors used that the same might take place as far as in his power or influence extended. No merchant in Phila delphia, he believes, was paying duties at the Custom House to a larger amouat than he was during the time he was in business; or were there any, he believes, frora the general tenor of their con duct, that possessed more of the confidence of the Collector and Comptroller there than he did, or were more respectffd by them. That your petitioner on the breaking out of the late unhappy dissensions in America was uniformly, as here stated, attached to the British government, and in compliance with the act (sin«se> repealed) of the 16th: of his present Majesty for reducing the imuih gents to the obedience of his Majesty's government, manifested a most faithful and loyal disposition by giving up and relinquishing (when many were doing otherwise) a bene^ial and extensive com merce that would have produced him, h© has good ground for believing, according to, the profits he had been in the. receipt of, near one hundred thousaind pounds enrreacy to this time ; audi full as much or more so, he. has reason to believe, if h© hadf adhetedl to and taken part with the insurgents, from thie many local, advan tages, he possessed, and could basv®- availed himself of; in, feet, he. thinks he may add, and be justified, that the country would not admit of a person being bettei; settled in it in the regular course of thmgs than he was, or is there; any from Pensylvania that has been attainted of High Treason for their attachment and adherence tp the British government, considered in th^t State, he has understood, more a public loss than himself, froiw the useful manner in which his capital had been and might be expected would be employed, and none he believes, as may he inferred from this and other naatters here stated, that is or has been more a real acquisition to this coun try than he has been. Tfiat your petitioner, in compliance with the act aforesaid, senk ( 109 ) bis vessels to England to bq sold (employed if permitted) or laid up, as his correspondents might judge best, as they could not remain in any American port, such being the singular hardship and inviduous situation of the merchants in America concerned in vessels under the same. Inconsequence thereof two very fine Cedar and Live Oak ships of his were sold at Bristol and bought there by his friend who retained the Captains in his employment on his account — active, enterprising, and useful men— that they might not, as they were in clined, return and take part with the insurgents, and be instruments in their hands of doing to the interest of this country much injury, as there was reason to believe they would, and could, from their skill and knowledge. A third ship was sold some little time before at Liverpool ; and the keel of a fourth, laid to replace her, burnt, he has been informed, with other vessels on the stocks at the evacua tion of Philadelphia — money advanced the builder having on that account not been repaid ; and a fifth vessel sold of his under the act in the port of London, and though a strong and sound vessell neated no more to the credit of his account than £23 15 8, sink ing on the cargo, consisting of flour, considerably more than the freight — such being the grevious and singular manner in which he was suffering by a compliance with the act aforesaid. That your petitioner, in compliance with the act aforesaid, con tinued bis capital to the amount of between fifteen and twenty thou sand pounds currency in England, arising from the sale of his ves sels, and cargoes laden on board the same, thereby taking that sum from the general stock of America, and adding it to that of this country, which, as far as it went, must been beneficial to the same, and in .proportion distressing, or more so, to the insurgents, and manifested in the same — frora the support he was giving by that act alone, independant of his investing it, or a considerable part there of, in the public funds, at a time when the national exigences stood much in need of pecuniary aid — a faithful and truly loyal disposition. That your petitioner,"from this compliance with the act afore said,, and uniform attachment to the British government, was con sidered by the insurgents as exceedingly inimical and opposed to their views and measures, as will appear evident to the sense ofthe house, he cannot doubt, frora the facts here stated, (if not alone from the public act under which his estate was taken away,) and compelled him, from the dread of molestation he was living in, on that account, having been disarmed, added to his having given up and relinquished the means of support in that country, by a com pliance with the act aforesaid, if so much should have been required of af;y subject or subjects, while confined, lawful commerce and means of support, to a temporary abandonment, as he confided of his native land and come to England, which he did on the 18th September, 1776, in an unarmed vessel solely fitted out to give the Captain, a native of Scotland, support, who had a large faraily to ( 110 ) maintain, and was loyally disposed. This vessel bound to Cor runna, in Spain, your petitioner would have considered from its small size and single deck a very unsafe vessel to have crossed the Atlantic in, and what he by no means would have done at any other time and under any other circumstances, which he conceived in the present he was at liberty and had a right to do in that way from the causes here stated, and perfectly justified in the same from that clause in the prohibitory act which directs that the mariiiers taken on board American vessels should be entered in the books of the King's ships that might take thera, be entitled to wages and benefit of prize raoney in coramon with other seamen, and the pas sengers taken on board such vessel, with the captain, be set at lib erty on shore in the first port in his Majesty's dominions they arrived at, his being loyally disposed, and having done no act to forfeit his allegiance, and which clause both justice and humanity led hira and others, who availed theraselves thereof to believe, was intended by the legislature with a view to let parties circumstanced like him, or in his situation, to leave America and flee from perse cution. That your petitioner intended to have left America from the causes here mentioned, and come to England before the time lim ited for vessels, free pf capture, to leave America, in a ship of his which sailed for Bristol in Sept'r, 1775, and also in March, 1776, in the Swallow packet from New York, and likewise with Sir Rob ert Eden, late Governor of Maryland, in the month of June follow ing, but was prevented in the first instance from the distress the cir cle of his friends in Philadelphia were thrown into from the carting about the streets, by the mob, two citizens of credit, one in the •*** respectably connected, now in England in the church, and the other a physician of eminence and reputation, since dead, (Doctor Kearsely,) whom, from hints heard, be had advised to be on his guard, and afterwards in his distress visited, intended to take ven geance on thera for their zeal and loyalty, and with a political view to over-awe and crush the influence of that body in the city opposed to the measures of the insurgents, principally the property of the country, which had that effect, and from the distress that was caused thereby, not knowing whose turn it might be next to be treated in that cruel and ignorainious manner. He could not over come his struggles to leave thera at such a time, when his stay from the weight he had possessed, and respectable light in which he had been considered, frora his useful pursuits and upright con duct, might be of succour and comfort to them notwithstanding the considerations of personal safety that were then urging him to it, and the preparations that had been made for his passage to Eng land in the vessel mentioned. In the other instances it arose from causes not of such importance to trouble the House with, but in effect have been exceedingly injurious to him. ( 111 ) That your petitioner very soon after his arrival in England on the 2nd December, 1776, was introduced to Lord George Germain, the late Lord Sackville, deceased, then one of his Majesty's princi pal Secretaries of State, by a respectable merchant in the city, with whom he had a long, and as it appeared to hira, a very satis factory conversation to his lordship. .That your petitioner has derived his support entirely out of the property sent to England in the manner stated, without ever having had any pension or salary allowing by government, and not the case he believes with any other sufferers in rights and estate, besides from America, and from holding to the government as stated, and making the same his constant residence in England, was called upon by proclamations originating, he believes, in this country, in the month of July 1779, by name, with others, to render himself to one of the judges of the Supreme Court, on or before the first of April, 1780, to take his legal tryal, for having knowingly and wil lingly aided and abetted the enemies of that State, and the United States of America, (by joining the British army in America — which he did not as this petition shews,) under the pains and penal ties of High Treation ; that your petitioner refused to pay any regard to this proclamation ofthe usurped government, and also to render hiraself, on the tirae of appearance being extended to him, and one other named in the proclaraation, by act of Assembly, from the first of April to the first of January following,- incurred the same : conceiving that in him who bad early and uniformly attached himself to the British governraent, it would be setting a bad exaraple contrary to the allegiance he was owing to his Ma jesty; and from the further confidence he had that when , the then subsisting dissentions should cease, either by the colonies being restored to the peace of the king, or by an agreement to their independancy, that an amnesty frora the justice and humanity of the same, and the precedent of Spain in the case of the low coun tries in Philip the Second tirae, would be secured by trea ty, to the person of the meritorious American sufferer, and a restitution of property either in money or kind that had been con fiscated ; that there were neither of thera your petitioner has much cause to mourn, and believes the case to be unparalelled in the an nals of history, and on the same account, reason to lament that he did not venture to avail himself of the time extended to hira in that act, as the other party mentioned did who was discharged the court without a prosecution against him, and is now in possession of estate there, and of all the rights of citizenship, and every family and domestic corafort. That your petitioner having incurred the confiscation of his estate left him under the will of his father, from holding in the manner here stated to his allegiance, part very soon after being alienated to the college at Philadelphia, and the other part in the hands of ( 112 ) commissioners for confiscated estates, who were in the receipt of the rents and profits of the same, presented to the commissioners for American claims, in or about the fifteenth day December, 1783, a memorial on the subject of his claim, with an authenticated valu- ation of his estate, dated November lOtb, 1783, made by three judicious persons ofthe society of Friends, (or people called Qua kers) in Philadelphia, of property and unquestionable probity, and would have sold according to account sent to him at that time, and a considerable time before and after, for more than the valua tion. That your petitioner on or about the 23rd of Feb'ry, 1785, was examined on the subject of his claim, and had the case admitted that the commissioners could have been, what he should have de sired, ofthe vicinage, his examination he believes would have been very short, and much pain spared him, and also suffering frora what he conceives to be an unjustifiable state of suspence that he has been kept in for several years, both hurtful and detrimental to him {to whom individually he may say it would have been better if there had been no commission of enquiry,) with respect to the pur •* * t of their report on his case; no payment being directed on his claim in course at the treasury, or any reason assigned him why it was not; and he may further add, humiliation touching the same, from the smallness of the sum and fund out of which the na tion were paying the claims of the American sufferers. That your petitioner, under a belief that he was protected in Pensylvania by the 5th article of the treaty, for a year, and that his person frora letters received, would be in safety from the mob, went in June 1785, in the packet frora Falmouth to New Yorit, being farther urged thereto, frora an observation made on his exam ination, that might have been spared if they had known his charac ter, and not knowing how far the belief of it might have been impres sed on the minds ofthe commissioners, (to wit,)that he might have it in contemplation, to get a compensation for his estate here, and then go and get restitution for the same in America, to which he replied, " I mean no collusion, and know of none :" Your petitioner accordingly wrote to the commissioners of his going to America previous thereto, and of the ground of his going, and that if he should get his estate restored to him, (if that were probable or even possible, the whole of it, as it was circumstanced,) he would give thera the eariiest notice, and withdraw the claim he had made for the same, it not being his intention if restitution was made hira there, to get corapensation here. On hia arrival in Philadelphia, he waited on the President, Mr. Dickinson, with the Reverend Dr. White, the present Bishop ofthe Episcopal Church ; and also on the Chief Judge, Mr. McKean, to acquaint them that he had come there under the fifth article ofthe treaty, to endeavor to obtain restitution of his rights and estate, and if he did not sue- (, 113 ) ceed, would be allowed to return, he trusted, unmolested ; though nothing was said to him by either, that be was in no protection under the same, he cannot say his reception was cordial, or scarce ly barely civil— this joined to an alteration in the behaviour of many, and his being told with earnestness, by a person of weight, that it was an insult to the government, he should be seen publicly walking the streets, and that it was the duty of the same to take him up, and hang him or pardon him, gave much alarm to your peti tioner, and led him to go to council with his case in writing, and a gentleman with hira, for his opinion of his situation under the trea ty, who inforraed him very much to his astonishment, that he was **nsidered by the Court, to have no protection in that state under the same, adding as a matter of information he thought fair to give hira ; that he knew the judges had it impressed on their minds, as their duty, to bring that question of protection under the treaty, to issue, (for so frora this it appears it must been understood abroad,) and that a writ was issued or about to issue, to take the body of a person in the predicament he had described the party in his case. That your petitioner upon this advice and information, withdrew the same day into the state of Jersey, where he again consulted council, who gave it to him, as his opinion, that he was not in safety there, and that the governor as bound by one of the articles of the Union, would deliver him up should the state of Pensylvania demand him ; in this distressing situation which he had been led into frora the silence of the house of assembly of Pensylvania, on the article of the treaty recoramended to them persons being there in his situation unmolested, the tenor of his friends' letter on that head, and concurring testimony of others from that state, who from the opportunity they had, he deemed must know that protection for a year was allowed. Your petitioner deterrained to avail himself ofthe first opportunity if permitted to leave America and come to England, which he did on the 13th August, 1785, in a vessel from New York, bound to London, and on his arrival wrote to the com missioners, the particulars here stated of his voyage to America, and desired to know as a report had been made to the treasury and payment made there on claims examined subsequent to his, and none directed there to be made to him, whether the same had arose from any want of proof of loyalty, confiscation of his property, or value ofthe same, that he might bring further ; if any greater or further proof could be' given or required, he may here add by unprejudiced and sober minds, on the ground or principle on which compensation was making, than the confiscation of his estate under a public act, and valuation of the same, under an authentication the best the case would admit of, and such as would be proof in any court of law or equity in the kingdom, and less than t** same would have sold for at the tirae, and before and after, notwithstand- 15 ( 114 ) **g what he said that the same he believed would sell for at public safe, before the late dissentions in that country ; and such as has been assented to, in the case of William Austin, whose estate lay within less than five hundred yards of his, and in the cases he has understood of others ; to this your petitioner received the following answer : " That the comraissioners bad reported on Mr. Aspden's " case, and cannot coraraunicate the particulars of their determi- *' nation to the parties ; no further proofs are required of Mr. " Aspden ;" leaving him in the same, still on the wrack of suspence, and more inclined to conclude than otherwise, that they had rejected his claim, notwithstanding he conceived he had reason to consider it the first in point of merit before the board from Pensylvania, and so he believes would the commissioners, had they been of vicinage. That your petitioner at a loss to conceive how this could be the case, unless from the answer he gave to the following extraordinary question put to him twice, and not generally asked, he understands — " did be.intend to go and live in Araerica ?" ; to which he replied in in the affirmative that he did, conceiving as may be reasonably sup posed, that there must be some degree of locality in the attachment of every loyalist to the British government, who were under the ties of birth, bread, relations and connections as was his case, and so he conceives understood, and that it was not the sense or in tention of parliament, or nation at large, to restrict parties from consulting their happiness in that respect when they might be at liberty, nor contrary to the act expressed or implied, on the ground or principle on which compensation to sufferers was making, and therefore led from this, it being in mind his intention to go to America and stay if permitted, to give the answer he did. That your petitioner fully satisfied of these facts, and further sensible that the comm***one»s had not from the public act under which his estate had been * * en away, the ground on which the bill of enquiry passed Pariiament, nor from the letter or spirit of the sarae, any right to reject his claim, unless fraudulent, which he was conscious it was not, but as the ease stood, was laying under the imputation of it, a circumstance too greivious not to affect him sensibly, who had always maintained a character of the strictest probity, and led hira from a desire to vindicate the same in that respect more than any other consideration, on there being another payment directed to be made to Araerican sufferers at the Trea sury, and none to hira, to present another memorial on his case to the Board, and requested that the same might be reconsidered, as he concluded his claim had been erroneously and unjustly rejected, to which he received the following answer: "That the commis- " sioners had reported on Mr. Aspden's case to the Lords of the Treasury and Secretaries of State, and cannot go on the subject of his second memorial ;" final as the report of the commissioners^ ( 115 ) appeared to be from that and their former answer, and ambiguous silence with respect to the purport of the same, your petitioner's mind was not at rest under the imputation of fraud, he must sup pose himself to lay from that circumstance, and what has been here stated ; and accordingly presented to the Lords of the Treasury a memorial on his case praying that the same might be referred by their Lordships to the commissioners for reconsideration, as has been done he understood in some instances, or as a matter of hunmn- ily, that he might be informed how he stood under the report, that he might either be satisfied therewith or take measures accordingly : this meraorial, he is sorry to say, was returned him with a verbal answer that their Lordships could not do any'thing in the matter, and kept him waiting on in the same state of painful suspence not withstanding his estate being absolutely gone from him for ever, he believed, part being aleniated, which, from its pressure, led him agiain to present another stateraent, and to write to the Board on the subject of his claim, to which he got no answer, he considered favorable until April * *, when he received the following letter ; " That the commissioners had received further information on his "case, and would report their opinion on the same." This your petitioner learnt soon after went to allow his claim, and that the satne had been reported on under the third class^— -which, as it relieved his mind from the pressure of between five and six years of the most painful suspence, and removed frora his character the iraputation of fraud he was supposing himself to lay under, gave him in that respect, he may truly say, much satisfaetion^not that he considered the sum he understood allowed as an equivalent for his losses, sufferings, and he raay add services, and which a friend in Philadelphia writes him in confirraation, to whom he had men tioned the same in a letter, and who knew his situation and how others were circurastanced, and had been considered, that it was grossly inadequate. Thai your petitioner in the month of , 1788, received at the office of Araerican Clairas a certificate for eleven hundred and eighty-four pounds steriing, deducting, he supposes, a balance of about two hundred pounds sterling he gave the comraissioners, an account he owed Mr. Ab'm Leddon,; of Philadelphia, on a borid given, him for £1000 curr'cy, for money wanted in the course of business, and on which £718 had been paid in April, 1776, and the interest up to July or August, 1775 : the whole of this money would been paid had the party not been averse to taking it,, pro posing not to require interest until he should want the same — and is not clear notwithstanding, Mr. Leddon has recovered again his estate in America, from what he has wrote him, that he will do justice in his case, that he may not have to pay the principal in part over again should the certificates he has received for the same in America, worth about ;5s. or 6s- in the pound, not be dischargied ( 116 ) ... lull; and from the preference he gave in seeking relief there to sending his bond to England, which, if he had, he would have paid, had he given him to understand the money was wanted by him. The sum here allowed is for an estate valued, as stated for £4500 curr'cy exchange 66f rds. = £2700 steriing, and would have sold ** the time he was advised, frora good authority, for £5000 currency or upwards, or £3000 steriing, and not more than equal to the rents, he has ground for believing, he should have received for the same, had he not been prevented by the attainder of his person. . ¦ i, . <• i That your petitioner happy and prospering m the most usetul manner, in his own native land, and content with the advantages and local honors of a subject in the colonies in that divison of the Empire in which it was his lot to be settled and established, had no intention of leaving the same and coming to England, nor never should have had, he believes, had he not been led and compelled so to do under the circumstances he was, this being a truth well known and believed by those who missed him, and the circle of his friends in general, and in consequence of his going at much hazard to obtain a restitution of his rights and estate to America, they were led to present in Jan'ry, 1786, a petition to the Executive Councd of the State of Pensylvania, signed by many inhabitants of that State, setting forth as the ground of the same his eariy going to England, the peculiar manner in which he was circumstanced with respect to property there, — his having conducted himself during the late war inoffensively, (as they have been pleased to term it,) no act of malignity being alledged against him — and praying a remission ofthe forfeiture of his life, and restoration to the privi leges of a freeman of that commonwealth, which the Council com plied with, (being the first instance, he believes, in the case of a person attainted,) and granted a charter of remission on the 10th April, 1786, signed by the Vice President, (who had been in his employ for several years to much advantage to himself, and raised by hira to the first regular command of a ship, such being the changes made by the late dissentions,) directing about the time, notwithstanding the charter of remission granted, that a plantation, the remaining unalienated part of his estate, should be sold, which was accordingly done soon after at public sale, and the money aris ing the ¦* ¦* * applied to the use of the State. That your petitioner since the receipt of his certificate, on hear ing ofthe large sums allowed by the commissioners to many ofthe American sufferers, and oftheir losses, in one instance £30,000 or near it, of whom a brief sent over for council's opinion, states which he has seen, " that it is admitted his estate might sell for as much as would pay his debts ;" in others were less than half the sum allow ed, he has understood would have been ample compensation — and claims allowed in the case of others, as far as £500,000, unat- ( 117 ) tainted in their persons, their private and local estates remaining to them, and to whom £130,000 sterling corapensation had been allowed in America for losses, with interest thereon — and this sum of £500,000 for an unproductive property, to arise out of lands to be carried to market for fifty years to come, if the accidental cir- curastance of industry and population should make one ; the princi pal in this case applying to the sum his capital and industry would produced him in thirty years ; and also of the allowances to profes sional men ; presented another statement to the commissioners on the subject of his claira, setting forth that he conceived his case had been oppressively considered according to circurastances, and as the commissioners had done to others, and that the sum allowed in his case, was far short of an indemnification, much less a compen sation for bis losses, services he may add, and sufferings ; having experienced a partial loss of sight, from various causes of trouble and vexation, and under such further apprehension on that head, as to have induced him to give up going into any kind of business for the further impiovement of his circumstances, and to request a further consideration might be had to it, to which as no answer was sent to him, and as nothing further has been allowed, he concludes has not been done. That * * •* petitioner conceives in the allowance that has been made for professional losses, to men called professional men, and none to the merchant srad to others equally or more greivously injured in their rights ; most of the former from Pensylvaaia hav ing been proraoters of those dissensions in America which has been the cause of his losses and sufferings, and in security on that account from the mob, when hiraself and others opposed to the measures of the insurgents, were in danger from the same — and who in comparison with him, stood on no ground of responsibility ; neither did they by a corapliance with any act, give up a solid es- tablishraent, and relinquish the means of support in that country, as he did ; or were they compelled on that account, and early attachment to the British government, to come to England and leave their native land as he was ; he therefore cannot but consider the distinction here made between the professional men and those he has mentioned, equally injured, or more in their rights — a dis tinction made without a difference, not warranted by the act under which the coraraissioners set, nor agreeable he believes to the sense of parliament in the case or nation ; and as it is felt, so it is considered by him to be oppressive and degrading. Your petitioner therefore on the ground and frora the causes here stated, has been led to present this petition to Parliament, and prays that the house will be pleased to take his case into consider ation ; and from his faithful compliance with the act, for reducing the insurgents to the obedience of his Majesty's government ; the service the state derived, (as far as it went,) from his continuing ( 118 ) his capital in England — his keeping active and useful men in em ploy in England, to the benefit of the state and nation, who other wise he believes would have gone and joined the insurgeants in America, and been employed by them, much to the injury of the interest of the same ; and his being compelled on the account men tioned, to leave his native land, solid establishment, valuable con nections, and * beneficial and extensive comraerce that would have yielded hira he believes to this time, near £100,000 currency; and frora the hurtful and injurious suspence he has been kept in so many years, with respect to his sraall claim, to whom an amnesty alone in the treaty, would have been of the first importance, and also from the liberal manner in which others have been considered, and he believes will be considered from the amount of the claim allowed, (and who have experienced a forbearance in Araerica de nied to him and others.) — and that this honorable house will be pleased to do by hira as hath been done by others, and will be done to these, and allow hira such further redress in the premises, as the house in their wisdom may think him entitled to. And your petitioner shall forever pray, &c. ( 119 ) 72. Statement of claims of American loyalists, (A printed paper.) A statement of the claims examined by the comraissioners for enquiring into the losses and services ofthe Araerican loyalists ; with the amount and the sums reported by them to be due to each class, up to the 5th April 1788, pursuant to an order of the honourable House of Commons, dated 28th May, 1788. (m Sums allowed for i Loyalists who have rendered services 2„- 11 1" losses of — Property. Income. No. 1 £ £ to Great Britain 204 596,092 25,085 2 Ditto who bore arms in the service of Great Britain 481 254,988 6,503 3 Ditto zealous and uniform 626 590,424 38,871 4 Ditto British subjects, resident in Great Britain 20 89,371 1,070 5 Ditto who took oaths to the American States, but afterwards joined the ' British 27 35,046 280 6 Ditto who bore arms for the American States, but afterwards joined the Bri tish 23 22,853 2,725 7 Ditto sustaining losses under the pro, hibitory act . . . .19 N. B. Ofthe above number 16 are included in other cases . 1 6 3 13,971 8 Loyal British proprietors . Ditto now subjects or settled inhabitants ofthe United States, some of whom are persons of great merit, and have 2 258,254 met with peculiar hardships 25 26,549 970 10 Claims disatlowp.d and withdrawn. 1st Disallowed for want of proof of loyalty .'.... 1 2nd for want of satisfactory proof of loss . . . 250 3rd being fraudulent . . 12 4th being for debts only . 10 5th Withdrawn . . . .34 Total 313 1,724 £1,887,548 £75,504 ( 120 ) 11 Loyal British subjects, who appear to have relief for them, by the treatjr of peace, but state tlie utter impossibi- lity of procuring it . The probable aimount of such further claims as remain to be examined, and of such as are not finally liquidated (including an estimate ofthe reports expected from the Commissioners in Canada), may be estimated at . The sum which has already been paid towards compensation of the losses liquidated up to the 1st May 1787 is Office of American Claims, May 30, 1788. (Sign'd) l3 Sums allowed for losses of — Property. Income. 4 £ s. 45,363 — 300,000 — 454,260 19 £ John Forster. Extract from the Votes of the House of Commons. Lunae, 9° Die Junii, 17 " Mr. Gilbert (according to order) reported from the committee of the whole house, to whom it was referred to consider the state ment of the claims examined by the commissioners appointed to enquire into the losses and services ofthe Araerican loyalists, with the amount of the sums reported by thera to be due to each class, and also the estimate of the probable amount of such further claims as remain to be examined ; and also, ofthe statement ofthe num ber and amount of East Florida clairas received, the number and araount of liquidated clairas, and the sum at which they have been liquidated by the commissioners appointed to enquire into the losses of all persons who have suffered in their properties in con sequence of the cession of the province of East Florida to the King of Spain, made up to May 30th 1788, the resolutions which the committee had directed him to report to the house ; which he read in his place, and afterwards delivered in at the table, where the same were read, and agreed to by the house ; and are as followeth, viz. Resolved, " That provisions be made for satisfying the claims of the ( 131 ) several persons who have suffered in their rights, properties, and possessions, in consequence of their loyalty to his Majesty, and attachment to the British government, during the late unhappy dissensions in America, amounting to the sum of one million two hundred and twenty-eight thousand two hundred and thirty-nine pounds. Resolved, " That all persons, who have suffered in their rights and proper ties during the late unhappy dissention in America, in consequence of their loyalty to his Majesty, and attachment to the British governraent, in the classes No. 1, 2, 3, 5, 6, and 7, contained in a stateraent of the claims examined by the coraraissioners for enquiring into the losses and services of the American loyalists, with the amount and the sums reported by them to be due to each class, up to the 5th day of April, 1788, shall receive the full araount of such losses as far as the same do not exceed the sum of ten thousand pounds, and shall also receive, where the amount of such losses shall be above ten thousand pounds in the whole, and not above thirty-five thousand pounds in the whole, ninety pounds per Centura of such part ofthe said losses as shall exceed ten thou sand pounds ; and where such losses shall be above thirty-five thou sand pounds, and not above fifty thousand pounds, eighty-five pounds per centum of such part of the said losses as shall exceed ten thousand pounds ; and where the same shall be above fifty thousand pounds, eighty. pounds per centum of such part of the said losses as shall be above ten thousand pounds. Resolved, " That all persons, who have suffered in their rights and proper ties during the late unhappy dissensions in America, in consequence oftheir loyalty to his Majesty, and attachment to the British Govern ment, in the class No. 4 and 8, contained in a statement of the claims examined by the commissioners for enquiring into the losses and services of the American loyalists, with the araount and the sums reported by thera to be due to each class, up to the 5th day of April, 1788, shall receive the full araount of such losses, as far as the sarae do not exceed the sura often thousand pounds, and shall also receive, where the amount of such losses shall be above ten thousand pounds in the whole, and not above fifty thousand pounds in the whole eighty pounds per centum of such part of the said losses as shall be above ten thousand pounds ; and where such losses shall be above two hundred thousand pounds, thirty pounds per centum of such part of said losses as shall be above ten thousand pounds. Resolved, " That allowances should be made to such persons as have suf fered during the late unhappy dissentions in America, in conse quence of their loyalty to his Majesty, and attachment to the 16 ( 122 ) British governraent, whose losses of income, arising from professions or offices, have been proved to the satisfaction ofthe comraissioners appointed by several acts, made on the 23d, 25th, 26th, and 27th years of his present Majesty's reign, and who are not adequately provided for, in the proportion of fifty pounds per centum for every one hundred pounds of such annual income, not exceeding four hundred pounds, and of forty pounds per centum for every one hundred pounds of such income above four hundred pounds, where the value does not exceed one thousand five hundred pounds per annum in the whole ; and where the value does exceed one thou sand five hundred pounds per annum in the whole, then in the proportion of thirty pounds per centum for every one hundred pounds exceeding four hundred pounds per annum. Resolved, " That provisions be made for satisfying the claims of the seve- ral persons who have suffered in their properties in consequence of the cession of the province of East Florida to the King of Spain, amounting to the, sum of one hundred and thirteen thousand nine hundred and fifty-two pounds fourteen shillings and three pence. Ordered, That a bill be brought in upon the first, second, third, and i^g., fifth of the said resolutions ; and that Mr. Gilbert, Mr. Chancellor of the Exchequer, the Marquis of Graham, Mr. Edward James Eliot, Sir John Aubrey, the Earl of Mornington, Mr. Attorney General, Mr. Solicitor General, and Mr. Steele, do prepare, and bring in the same. Resolved, " That an humble address be presented to his Majesty, that he will be graciously pleased to give directions, that pensions be allowed to such persons as have suffered, during the late unhappy dissentions in Araerica, in consequence of their loyalty to his Majesty, and attachment to the British government, whose losses of incorae, arising from profession or offices, have been proved to the satisfaction ofthe commissioners appointed by the several acts, made in the 23d, 25th, 26th, and 27th, years of his present Majesty's reign, and whp are not already adequately provided for, in the proportion of fifty pounds per centum for every one hundred pounds of such annual income, not exceeding four hundred pounds, and of forty pounds per centum for every one hundred pounds of such income above four hundred pounds, where the value does not exceed one thousand five hundred pounds per annum in the whole ; and where the value does exceed one thousand five hundred pounds per annum in the whole, then in the proportion of thirty pounds per centum for every one hundred pounds exceeding' four hundred pounds per annum ; and to assure his Majesty, that his house will make good such expenses as shall be incurred on this account." ( 123 ) 73. L, Cowper, Bristol, to Matthias Aspden ; and note by Matthias Aspden on the same sheet to . Bristol, 11th October, 1788. Dear Sir — Being rather busey yesterday I went too late to the post office for answering your favour of the 9th instant by that mornings mail. The only letter to my hands for you, carae pr the Forester to Dover, which for want of particular direction where to address, I thot best to' forward about a raonth ago, to be left at the London Coffee House, Ludgate street, presuraing that after a matterial time absent from London, it was most likely you wou'd inquire for Bristol letters there, for I knew no other coffee house you resorted to in London. I judge the letter was frora .Mr. Hartley. No vessel lately from Philad'a here, or any. for that city up at pre sent ; or New York, Maryland, (fee. My health is still precarious, and Bay consignments unusually troublesome, having two cargoes discharging witho't prospect of sale of either Mahogany or Log wood even at very low rates. No material news here, or obser vations worth relating on the times, prospects, «Sz;c. therefore con clude. Dear Sir Your raost humble servant, LANCELor Cowper. Sir — I am much obliged by the kind attention shown in your answer to my letter 25th, which as it was put in on that evening, could not been regularly forwarded ; the favorable manner in which you which you speak ofthe capt. ofthe packett, would have induced me to have availd myself of the opportunity of going in that packett, had I not since the receipt since of writing you on the 9th a letter frora my half Mr. James Hartley, of Philad'a, which will lead me to wait the sailing of the next packett ; sh'd I not avail myself of one of several good opportunities, there is now from Lond'n. ( 124 ) 74. John Sagar, Simonstone, to Matthias Aspden, London. Simonstone, Nov'r 7th, 1788. Dear Sir — I rec'd your letter the day before yesterday, directed for Marjery Bailey, who I am sorry to inform you died twelve months ago, will be on the 19th inst. of an universal dropsy; she began to be poorly about Easter, '77. In her will, she ordered Thos. Turner and 1 to be executors; she left to her brothers children what money she had to be divided amongst them, share and share alike, except Mary Dyson and yourself. She left to a blind man inColne, £2 2s. raore than any ofthe rest, which raade 13 in number. The money has been divided amongst them according to her will ; she was buryed at Padihan, and had a funeral sermon. Wm. Aspden has remov''d from his place at Harwood to Blackburn, he continues much in the old way, but very lame ; his son Nathaniel, the surgeon, is marry'd to a young lady near Coin, of a good family and fortune. Your aunt lamented very much y t she could not hear from you before she died ; she died at a place very near us, call'd Althain Hall, to which place she remov'd for the benefit of being near the church ; my sister and I attended her during her sickness as much as lay in our power. If you could wish to know any thing more relative to yr friends in this part of the country, could wish you would give me a line, and you may depend on my giving you all the information in my power. My brother and sister beg their comps. to you, and accept of the same from yours Very sincerely, Jno. Sagar. P. S. If you write direct for Jno. Sagar, Jun'r at Simonstone, near Padiham. Endorsed— Mr. Matthias Aspden, No. 17 Lower Brook Street, London. ( 125 ) 75. Charles Biddle, Philadelphia, to Matthias Aspden. Philad'a, Feb'y 19, 1789. Dear Sir — It is long since I have had the pleasure of hearing from you ; before this I expected you would have returnd and set tled with us ; we are now perfectly quiet, and I believe Arnold might return without being molested ; whig and tory is entirely done away, it is now federal or anti-federal. The new government will soon be in operation, and I have no doubt but we shall in a short time, be a great and happy people ; do come and settle with us, I should be happy to have you in my house that I might have an opportunity of returning the many favors you have conferred on me. If your eye is not better, you will receive great benefit frora a spring lately discovered near Fort Pitt, the waters have had astonishing effect in your complaint. My brother James is appointed to his old office of Prothonotory and lives in Philad'a. I was unanimously appointed secretary ; I am happily settled, have six children and expect soon another. I shall flatter myself with taking you by the hand in the fall. With great Esteera, I ara Yr. Affect. Friend and ob't Serv't, Cha. Biddle. Endorsed — Matthias Aspden, Esq. 76. Bishop Provoost, New York, to Matthias Aspden, London, Dear Sir — I have just been informed that there is a packet ready to sail for England, and tho' I am at present involved in affliction as well as business, by the recent death of a very tender and worthy mother, I can't neglect the opportunity of acknowledg ing the receipt of your polite and friendly favor of February the 4th, 1789. Your kind attention in mentioning my brother Bous- field and family, in your letters to B'p White and myself, has laid Mrs. Provost under particular obligations. ( 126 ) I am really happy that your affair with the commissioners is concluded ; for tho' you have not received a recompence adequate to your losses, it must undoubtedly afford you satisfaction to be freed from a disagreeable state of suspence. The old party animosities have been gradually subsiding here since the peace, and are at length entirely obliterated by the establishment of the new constitution. Should you find it conve nient to revisit your native country, you may rely upon being received in the most friendly manner by the citizens of New York, but by none with greater cordiality than Dear sir, your sincere friend, And very humble servant, Sam'l Proovost. N.York, May 15,1789. Endorsed — To Matthias Aspden, Esq., No. 17 Brook street, London. Per packet. 77. Geo, Harrison, Philadelphia, to Matthias Aspden, London, Pr. Lady Penryn, via L'pool. Philad'a, Dec'r 5th, '89. My Dear Sir— I valued on you ye 13th Nov'r in favor of Moses . Franks, for £21 11. 6. st'g, a 30 days. A disappointment and ye difficulty of meeting with so small a bill, was ye cause of my taking that liberty. I now enclose you, to answer the above bill, one on * Messrs. C. & R. Puller, London, drawn by Tho's Stretch, favor Garrett Cottringer, for £21 12. 6d. str'g, at 60 days, which I hope will be good, and that you'll excuse my drawing on you. Matt's wife was delivered last night of a son ! Our convention has met, but not gone far into business. They have resolv'd in favor of 2 Houses, 61 to 4 ; a large maioritv In haste Dr. sir, b j j But aff. yrs. G. Harrison. * Charter House Square. Endorsed — Matthias Aspden, Esq're, Bath. ( 127 ) 78. Geo. Harrison, Philadelphia, to Matthias Aspden, London. Dr. Sir — I enclose you a second bill of exchange, drawn by Tho's Stretch; on Messrs. C. & R. Puller, of London, favor G. Cottringer, for twenty-one pounds twelve shillings and six pence stg. to an swer ray draft on you pr. Pigou favor of Moses Franks, for £21. 11. 6. Sh'd the Pigou be a missing vessel when in cash for this — be pleas'd to pay M. F. my acco't £21. 11. 6. as 1 raade no second, and we've had a slight rumor of the Pigou's being lost. I was in the first instance, disappointed of a bill, or I sh'd not have taken ye liberty to value on you. One of this set I reraitted you by ye Lady Penryn, begin'g last raonth. I wrote to you for a pair of pistols. I don't know whether I mention'd it to you, but I wish them entirely plain ; but to be made by the first maker in London. We've had a ruraor that you intend out here in spring — if so, bring them with you. Our convention for altering the constitution, goes on slowly ; finally we expect a good one. Mrs. Arnold, wife to ye vile traitor, has been here on a visit to her family, 6 weeks, and passes the winter. She has met no in sult, or incivility ; 'and many warm whigs, out of respect to her fam'y visited her ; tho' every body are opinion she w'd have shewn more feeling by staying away, for it places her fam'y in an aukward situation. She is handsome, and a woman ; but when we reflect, the ornaments of her person are ye price of his curs'd villiany, 'tis not pleasant to the feelings ; a monster who is as much reprobated your side the water as this. Our publick paper is very much risen latterly, in consequence of ye confidence of the people in the new goverrnt. and their power to do justice. The second session meets this day, and the finance will be their immediate care. We have some hopes of their fixing on the neighborhood -of German- town as the Federal seat. The fam'y join me in best wishes of the season, and for your health and happiness, and chearful continuance of both. Aff'y y'rs, G. Harrison. Philadelphia, Jan'y 4, 1790. Endorsed — Matthias Aspden, Esquire, care of Messrs. Hoares, Bankers; near Temple Bar, No. 36 Clarges street, London. ( 128 ) 79. Lancelot Cowper, Bristol, to Matthias Aspden, London. Bristol, 18th March, 1790. Dear Sir— I notice in your favour without date, just receiv'd, you continue to think Bank directors proper persons to arbitrate between us ; I am of another opinion; however, I do not object to your choice of Mr. Peters, as your referee ; if said gentleman will undertake the matter, please to advise that his name, residence, &c. may be inserted in bonds of award, with some person here, who may be call'd soon to London on business, &c., and leisure to meet Mr. Peters, when there, purposely to decide the raatters of the late T. Griffith's pro- misory note for £200. The only vessel I hear of for Araerica, is ship Bristol, Captain Adarason, a most careful comraander, Araeri can built prime ship, (believe at Philad'a, and 3 years ago,) said to sail about the last of next month, or early in May ; also that Mr. and Mrs. Cruger intend to go passengers with Captain Adamson, which I consider a favourable opportunity for you to visit America. I am. Dear sir. Your humble servant, LiNCELOT Cowper. P. S. If you wish it, will apply to Mr. Cruger, to whom the ship Bristol is consigned, and get more particular information respecting time of sailing, or what may relate to your passage, &c. &c. Endorsed—Matthias Aspden, Esq'r, Mount Coffeee-house, Grov- nor street, London. ( 129 ) 80. Bond, Launcelot Cowper to Matthias Aspden. Know all men by these presents, that I, Launcelot Cowper, of the city of Bristol, merchant, am held and firmly bound to Matthias Aspden, of Lower Brook street, Grosvenor square, Westminster, Esquire, in the sum of four hundred pounds, of lawful money of Great Britain, to be paid to the said Matthias Aspden, or his cer tain attorney, executors, administrators or assigns, for which pay ment well and truly to be made, I bind myself, my heirs, executors and administrators, firmly by these presents, sealed with my seal, dated the twenty-sixth day of March, in the thirtieth year of the reign of our Sovereign Lord, George the Third, by the grace of God of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth, and in the year of our Lord one thousand seven hundred and ninety. Whereas, the above named Matthias Aspden claims payment fropn the above bounden, Launcelot Cowper, ofthe sum of two hun dred pounds, being the amount of a promissory note of hand of Thomas Griffiths, late of Bristol, merchant, deceased : And whereas the said Launcelot Cowper considers himself in no respect subject to the payraent thereof, — and whereas the said Matthias Aspden and Launcelot Cowper have agreed to submit all disputes between them, relative to the said note of hand, unto the decision of James Lockier, ofthe said city of Bristol, merchant, and John Whitmore the younger, of the Old Jewry, London, merchant, and of such other person as they the said James Lockier and John Whitmore shall appoint, to be umpire between them, in case they cannot agree thereupon. Now the condition of this obligation is such, that if the above bounden, Launcelot Cowper, his heirs, executors, and administrators, do and shall in all things well and truly stand to, obey, abide by, perform, fulfill, and keep the award, order, arbitra ment, final end, and determination of the said James Lockier and John Whitmore, arbitrators, indifferently named and chosen, as well on the part and behalf of the above bounden, Launcelot Cow per, as of the above named, Matthias Aspden, to arbitrate, award, order, judge, and determine of and concerning all and all manner of action and actions, cause and causes of action and actions, quar rels, controversies, and disputes whatsoever, touching or concern ing or in any way relative to the said promissory note of hand above mentioned, so as the said award and determination of them, the said James Lockier and John Whitmore, of and concerning the premises, be made in writing under the hands and seals of them 17 ( 130 ) the said arbitrators, and ready to be delivered to the -id P^J^'- in difference, or such of them as shall require the same on or Deiore the first day of June next. But if the said arbitrators do not make uch heir Lard and determination of and concerning the premises bv the tTme aforesaid, then if the above bounden Launcelot Cow per his heirs, execut;rs, and administrators do, and shall well and S and to obey, abide by, perform, fulfill, and keep the award, order, arbitrament, umpirage, final end and^dec.sion of them the said arbitrators, and of such one other indifferent person as they the said arbitrators shall by indorsement hereon nominate as umpire between them, so as the said award and umpirage be made in writ- ino- under the hands and seals of such arbitrators and umpire, or thi majority of thera, and ready to be delivered to the said parties in difference, or such of them as shall require the same, on or before the first day of September next : Then this obligation to be void, or else to be and remain in full force and virtue. And it is agreed by and between the said parties in difference, that this submission, and the award or umpirage to be made thereon, shall and mav, on the motion of either party, be made a rule or order of his Majesty's High Court of Chancery, or Court of Rmgs Bench, if either of the said courts will consent thereto. Lancelot Cowper, [l. s.J Sealed and delivered in the presence of W. Perry. 81. Geo. Harrison, Philadelphia, to Matthias Aspden, London. My Dear Sir — I have just rec'd yours of 26th Feb'y, pr. Pigou. — I cannot con ceive what you allude to by being persecuted — or who they are who possess the wickedness you describe — base and infamous must they be ; for God sake leave thera — leave that country where you have experienc'd so much distress and trouble ; believe me, in this you'll find a repose which ye one you're in cannot afford. A small farra in this neighborhood would suit you — come then, try what we can do for you. If I could be of any service by coming over to you, I will cheerfully, and you may command me ( 131 ) I have just return'd from the s'ward as far as Charleston, where I've been ye most of ye winter on business. By the return of the Pigou you shall hear frora me particularly. In the interim, Believe me. Affectionately yours, G. Harrison. Dr. Franklin died ye 19th inst. Dr. Shovet is dead; and Mr. Riche has lost 3 of his children within the 4 raonths. Endorsed — Matthias Aspden, Esq., Bath. 82. Bishop White, Philadelphia, to Matthias Aspden, London. Philad'a, May 23, 1790. Dear Sir — I take up my pen to acknowlege a debt too long due ; but my not answering your favor last fall was owing partly to my engage ments when the vessels sailed, and partly to an idea I had adopted, that you must have been on your return. On this subject, my opinions and your feelings are so very oppo site, that I hardly know what to advise. I think you would be as safe here as I am, and as little liable to insult. But what is that to the purpose, if the circumstance of your having been once under attainder should keep alive jealousies and apprehensions ? I say once ; for I cannot think there would be any difficulty in getting the attainder reversed by Council. As to a general act, I see no probability of it. The Congress in their late naturalization bill did not think proper to go into the raea- sure ; but have left it, as they found it, with the different States. In this State, I think, there is little chance of it. You see, I bring into view whatever circurastances tend to give you information, without pretending to determine what is positively < 132 ) best, well knowing that this must considerably depend on your own views of things, whether here or in England. Mrs. White and the family join rae in aff. remembrance. And I am. Dear Sir, Your aff. friend, Wm. White. Mr. M. Aspden. Endorsed — Mr. Matthias Aspden. To the care of Mess. Hoars, Bankers. To be left at ye Pennsylvania Coffee House, Birchen Lane, London. 83. G. C. Fox <^ Sons, Falmouth, to Matthias Aspden, Bath. Falmouth, 22 June, 1790. Esteemed Friend — In reply to thy favor of the 19th inst. inform- ing us of a friend of thine intending to erabark in one of our packets for New York, the passage money is as usual, 36 guineas, with something additional when they touch at Hallifax, the captn. find ing all necessaries for the voyage except bedding. We believe the Grantham will be the ship appointed for that voyage, but at present it is very uncertain, as the next mail does not go untill the next month ; but these ships are in general good, and the comman ders obliging to their passengers. Should thy friend determine to come here, we shall render hira any service in our power, and remain very truly Thy assured friends, G Eo. C. Fox & Sons. The mail leaves London the first Wednesday in the month, and is despatched from hence the Saturday if the wind favour, unless the packet should be detained for government despatches, as some times happen. Its as yet uncertain what packet raay be despatched for New York, we apprehend she'l touch at Halifax, but that no additional sum will be added on this account to the passage mopey. Our G. C. F. sends his respect*. Matthias Aspden, Esq., Bath. Endorsed— Matthias Aspden, Esq., Bath. ( 133 ) 84. J. Warder, London, to Matthias Aspden, Bath. London, 6 Mo. 28, 1790. Dear Matthias — I have just received thy favour of yesterday's date, by which I am pleased to find thou art yet in the land of the living, and I hope enjoying a good state of health. Thy good wishes for me and mine is very acceptable. Not any letters have been put under my care or I should most certainly have forwarded them before now. In reply to the question thou puts to me respecting the disposi tion of the people in America, towards those that left the country during the war, and were pioscribed, I may inform that I have not known an instance of any one during my residence in America, being hurt or insulted ; even our friend Saral Shoemaker who was in as much danger as any man I know, ventured to come and reside in the city last winter, and was very civilly treated, even by the most violent. 1 have observed since my being in Philadelphia that the violent people have daily been losing ground ; and I think I may say there is not now any distinction between those that have hitherto been called wigs and torys, every man now wishing to do what is in their power for the prosperity of the present government, which I am happy in being able to say I think is firmly estab lished. There has not been any one instance to the best of my belief, of any person being obliged to appear in court to plead his pardon ; nor has any body been committed to prison on acc't of his having left Penn'a during the war. Nor have I the least doubt but thou might live as free from any fear of that kind in Philadelphia, as thou could if always in that city. It is difficult for me to recommend thee either to remain in this country or to go to America. If I knew which country would most promote thy happiness, I would most certainly recommend it ; but that must entirely depend upon thy own feelings. The ships Marquis de Lafayet, the Appollo, the Pigou, and the Harraony Osman, are all bound from hence to Philad'a, the first its said will sail the 10 or 15 next month, the others I fancy not in less than three or four weeks after. They are all * * * * good ships. Capt. Sutton has not come in the Pigou, his late mate comraands her — and I assure thee he is an experienced good seaman, and a ( 134 ) man I rauch respect. In haste, I ara with due regard thy assured friend. _ „, Jno. Warder. Endorsed— Matthias Aspden, No. 19 Gay St. Bath. 85. H. Hoare ^ Co., London, to Matthias Aspden, Bath, London, 1st July, 1790. Sir — Agreably to your desire, we send enclosed a bank note for fifteen pounds. We should be very happy in accomraodating you with letters of credit, had we any correspondents at New York or any other part of Araerica. We are. Sir, Your raost obedient serv'ts, Henry Hoare & Co. Matthias Aspden, Esq. Endorsed — Matthias Aspden, Esq., No. 19 Gay Street, Bath. 86. Memoir or case of Matthias Aspden. Mr. Aspden intended to have gone to England in a vessell of his, that saild the 10th Sept. 1775 ; was prevented from the distress the circle of his friends were thrown into from the carting abt. the streets Doctr. Kearseley and Mr. Counsellor Hunt by,the mob,and the appearance it had of a desertion of them at that lamentable period. He was also prevented going to England in the Swallow, Brittish packet, from New York ; on board which he went with a written ( 135 ) perraission from the committee for that purpose, the latter end of March or beginning of April 1776 ; had stores sent down thro his application to the committee and commanding officer for hiraself and|the other (tassengers going; and should have gone, but Gover nor Tryon requiring an oath, that he had before given up, and abt. which he went to New York and got the mayor or Mr. Matthews, to go down and speak to hira respecting thera, which he did ; and returnd with an answer, that he would decline requiring it, as he had already given permission to go. This assurance he afterwards went from, and required the oath ; Mr. Aspden refused, and ano ther, natives of Araerica, except that part of it that went bear true allegiance — First, as he had broke his word. And 2dly, frora his conceiving that he had no right to require it. And return'd on shore, on or abt. the 2d or 3d of May, after being a month or more on board the packet, and came back to Philad'a, where he found his house let and his servants discharged, agreeable to his direc tions to his half brother, James Hartley, by letter from on board the packet, when he found he hsid full leave to go. His residence in America after that, he considered merely transient — waitting only an opportunity to leave it. This he flattered himself he should in the Fowey man of war with Govern'r Eden from Anapolis, where he went for that purpose; urged by the pressure of large con cerns in England which had centered there under there under the pains ofthe prohibitory act, and other inducing consideration — but was disappointed from the truce being broke under which she carae up, the second day after she arrived. He finally erabark'd frora the port of Philad'a in the schooner Bentham, Rob. White mast, bound to Corrunna in Spain, and went on board at New Cas tle on the 19th or 20th, of Sept. 1776, under the protection of that clause in the prohibitory act, which enter the mariners taken on board American vessells, and sets the passengers and capt'n at liberty on shore. Having done no act to forfeit his allegiance, and having lawful business in England, where he arrived on or ab't the 2d of Decem'r following and there remained till the 10th of June, 1785, when he erabark again at Falmouth for Araerica, except an excursion for ab't two raonths in 1778, to Flanders, Germany, and Holland.' Mr. Aspden apprehends the attainder may be reversed on the fol lowing account. First, for error. As he was not liable to be called upon, hav ing never done the act that gave the council power to require parties to render themselves, &c. to wit: joind the Brittish army. 2dly, That he was born a Brittish subject, and always lived one. Having left America, and made his election previous to the new governraent being either organized or established ; and, therefore, could not lawfully, be called upon to take his trial as a traitor, owing allegiance to another state. 3dly, That his attainder was under an act operating " non ex ( 136 ) post facto," and therefore repugnant to the constitution, the Divine law of Scripture, and the principles of common justice. 4th, Independent of the foregoing, he was in duress in England from the state of his affairs there ; and cannot at present be long absent from thence on the same account. Act declareing what shall be treason, passed Feb'y 11th 1777. " That all and every person and persons, now inhabiting, residing, or sojourning, within the limits ofthe state of Pennsylvania, except prisoners of war, or whoever shall come, &c. do owe and shall pay allegiance." An act for the attainder of divers traitors, &c. being all subjech and inhabitants ofthe state of Pennsylva. to render themselves on or before the 20th Ap'll and take their legal tryal — or forfeit for ha.\'\r\gjoined the army, &c. Further enacting " that all and every person and persons, being subjects or inhabitants of this state or those who have real estates in the Coraraonwealth (beino- subjects it is presumed, is the meaning of the act, or otherwise an absur. dity and a contradiction in terms and fact will follow) who now do adhere to, and knowingly and willingly aid and assist the enemies of this or the United States of America, by having joined their armies within this state or elsewhere, or who hereafter shall do the same, and whom the executive council by their proclaraation shall require by name to render themselves on a certain day, &c. to take their legal tryal for such their treasons," &c. In case of'not appearing, to stand, and be attainted of high treason. Passed the oth March, 1778. Quaere. Can a person not a subject be lawfully tried for treason — can a man serve two masters ? splf'if!?!Tr' *V^^^'"'''!,^•'^' ^'"Po^^e'-s the executive council to sell the estates of traitors duly forfeited. Claims on estates to be made within six raonths— if anv. At tainder reversed or made void for error, or for any cause whatever tie nartvTo T /TJ' ,^°"^ ^^^ purchasers-and in such case the party to apply to the legislature to be indemnified. Purchasers evicted by a judgment of the court of common pleas or supreme court, to be indemnified out ofthe treasury ^ ( 137 ) 87. Memorial of Matthias Aspden to the Privy Council. To His Majesty's most Honorable Privy Council, The petition of Matthias Aspden, an American sufferer, for merly of the city of Philadelphia, merchant, Sheweth — That your petitioner who is a native of North Araerica, presented to the coraraissioners for American claims, about the middle of Deceraber, 1783, imraediately on the receipt of a valuation made of his estate in America — a meraorial on the subject of his losses and sufferings, in consequence of his attachraent to the Brittish government and compliance with the act ofthe 16th of his present Majesty, in sending his vessells to England, and thereby relinquish ing for a time, by so doing, as might be, the means of his support in that country. That your petitioner was examined on the subject of his memo rial, on or about the 23 Feb'y 1785, near fifeteen months after ; and finding that there had been no allowance made to him under their ensuing report at the treasury, as there had been to ot,hers, whose claims had been examined subsequent to his ; and as this silence left him open to an imputation of fraud, the commissioners he conceived having no right to reject his claim, as this silence left room to befieve, under the act of enquiry, unless fraudulent, which as far as he knew, he was conscious it was not ; for he could not suppose his answer to a mysterious question ask'd him on his exam ination, who was a raerchant, whether he intended to go in and reside again in Araerica, (when at liberty,) " that he did," could be any authority under the powers entrusted to them in the act, to reject his claim, or to observe a silence that might leave him to sup pose the had, more especially as it might be concluded as he was a native of America, his mercantile engagements and support might be connected with the tye of birth and residence in that country : Your petitioner therefore soon after, applied to the board by memo rial or letter, to be inform'd if the had made any report on his clairn, as this silence left him doubt ; and if the had, what might be their reasons or objection to not allowing him a compensation on his claira, as the had done to others in a sirailar situation, that he might bring such proofs as might remove them : to this request, your petitioner received the following answer, dated the of October, " that the commissioners had reported on Mr. Aspden's case to the Lord of the Treasury and Secretaries of State, and 18 ( 138 ) cannot coraraunicate the particulars of their determination to the parties — no further proofs are required of Mr. Aspden ;" which appear'd _^?2aZ from the latter part of it, but left hira in a very cruel state of suspense, with respect to the particulars or purport of their report ; and in this dark state of lingering suspense, he con tinued notwithstanding his repeated application to the coraraission ers from time to time and year lo year ; and once by petition to the Lords of the Treasury, to referthe case back to the commissioners for reconsideration, or to inform him as a matter of justice and hu manity, the purport ofthe report, that he might, if it did not leave an imputation of fraud on his'***, be satisfied therewith; or if it did, that he might bring the proofs that would remove every objection to their being least fraud in the case. No satisfactory answer was given to this, by the Lords of the Treasury, or by the commission ers, to his repeated applications, untill April 1788, when his mind was relieved from the pressure of this weighty and interesting con. cern, by the receipt of a letter from the secretary to the commis sioners, encloseing hira the following minute, nearly upon the close of the enquiry, and after raore then five years attendance on them, " that the comraissioners had received further inforraation on Mr. Aspden's case, and would report their opinion on the same, in their next report." This on issueing their certificates in the raonth of Noveraber following, he found was favorable, although this he conceived according as the had done to others, far from adequate, to what his losses and sufferings entitled hira too. That your petitioner being still in the dark with respect to the particulars or purport of their first report, and feeling it heavy on his mmd.as well as the injurious effects of the unreasonable delay he experienced before corapensation was allowed on his claim- earnestly requests as a matter ofjustice, and he conceives of ric^ht he IS entitled too, that the council would be pleased to direct copies to be given him, ofthe report first made by the commissioners to the Lords of the Treasury on his case ; also of the last, and of others, if any there be. And your petitioner shall forever pray, &c. Nor has he had any allowance or support from govern't, further then what he has derived from that part of his capital sent as atoresaid, and income arising frora it, since his coraeing to England m the year 1776, and not the case he believes in any other suffer er in rights and estate beside, from Araerica. ( 13« ) 88. Limozin Sf Co., Havre, to Matthias Aspden, London. Havre de Grace, Uth Janu'y, 1791. Mr. Matthias Aspden, No. 10 Russell street, Bloombury, to the care of Messrs. Hoares & Co., Bankers, London. Sir- In reply to your favour 4th instant, we thank you for all the kind wishes therein contain'd, and return you the same frora the bottora of our hearts. We have no pakketts sailing frora here to New York ; those vessels generally sail frora L'Orient ; but we have now and than, merchants' ships coming from America to our port, and returning to their respective destination. The price for a passage is customary from 15 to 20 guineas. As to your uneasiness about the troubles in France, you may be sure to travell thro' all the kingdom without the least molestation. We now enjoy the fullest quietness in every quarter ; and we are now so far advanced in the new constitution, that we have not the least thing to apprehend, from the attempts of the malevolent, and We are with du6 regard. Sir, Your most obed't h'ble servant, Ve. Limozin & Fits. Endorsed — Mr. Matthias Aspden, No. 10 Russell street. Bloom- bury. To the care of Messrs. Hoare & Co., Bankers, London. ( 140 ) 89. Matthias Aspden^ London, to James Hartley, Philadelphia. London, Feb'y 27, 1791. Dear Brother — You have herewith what the painters call my shade— ^reiiy well as to likeness ab't the neck and head, but wants heighth, and has the left knee too much hollowed. Had it not been for your let ter of the 24th May last, you would have seen me among you in the course of the summer in propria personae. This 1 hope will be the case in the course of the ensuing summer— a day, you will say, after the Fair. Should you not approve of haveing any thing hanging up in your house, painted like things on earth, you may give it to nephew or niece, if 1 have one, or a friend whom my advice might have saved from ruin, or comparatively, a very comfortless life. It was impossible, after being made to bend to purposes from the ope- ration of the prohibitory act in \.\\e first instance, and other conside rations — and afterwards, to my comparative destruction, to be kept six years after the peace waiting for an answer from the commis sioners in ray case, the vindication of my probity being the object, as tho had no right in the premises to reject my claim, unless fraudu lent, which alone raade me anxious ab't it, — and see the Pariiament ab't the to make the largesses the were to those who at one time would not been considered entitled to it ; and hearing also of the partial conduct of the commissioners in other instances ; not to be roused to seek some further redress in my case, who had been kept for selfish purposes in the cruel suspence 1 was, and had suffer'd as I had done. This led me, as I had no other resource, to go down to the House with a petition, and send in a note to the Speaker desireing I might have leave to present the same at the Bar] While the messenger was carrying in my note, my eye caught Mr. A. Rawlinson, who was writing in an antechamber, who had but lately come town, to whom I gave my petition, acquainting him that I had just sent in a note to the Speaker for leave to present it- He gave me to understand that he would present it as a matter of duty. The Speaker's Secretary just then came to me, and told rae that he could not with propriety give my note to him till the House was up, but would then, a copy of which I showed him. I told him I had left the petition with Mr. Rawlinson (who, I believe, had came into that room catch my attention) to deliver to the Speaker or present himself. The business before the House was Lord Fair fax's and the Penn's. Mr. Rawlinson, I am inclin'd to think, got ( 141 ) cajol'd by some persons not my friends, and behaved very unwor thily in the matter, and nothing was effected. From Your Brother and friend, Matthias Aspden. I refer you to the Annual Register for the number of land forces voted in '75 — aud also seamen for the navy. Mr. F — x — ft of New York will tell you ofthe strength that landed and arrived in Ame rica in 1776. It is all over, and we raust forget every thing. Endorsed — Mr. James Hartley, merchant, Philadelphia. 90. Thomas Aspden, Great Harwood, to H. Hoare 6f Co. London. Messrs. Henry Hoare & Co. ¦ Gen'n — Before this time I expect you have rec'd a letter directed to Mr. Matthias Aspden, to your care. Bussiness calling me off in a hurry I clos'd up the letter without a date, which is the neces sity of my writing, after doubting he'll not be able to direct as I wish'd an answ'r. Shall take it as a particular favour if you have not the opportunity of giving these lines to Mr. Matthias Aspden, that you will * •* me the favour of forwarding them to Mr. John Asp * *n. Old St., London, hoping he will be able to find his r * idence, doubting not but one of them will return you every favour in their power to requite you for your trouble — and shall Remain Gen'n, Your most ob't Hum'e ser't, Tho's Aspden. Great Harwood, near Blackburn, Lancashire, March 7th, 1791. Endorsed — Messrs. Henry Hoare & Co., Bankers, London.. Mr. John Aspden, Old street, London. ( 142 ) 91. Matthias Aspden, London, to Mrs. Mary Harrison, Philadelphia. London, March 18th, 1791. Dear Sister — Haveing lately been call'd upon by William Corless, son of our cousin Elizabeth Coriess, sister to Mary Aspden, who was in Phi lada., who is well settled in the manufacturing line at Blackburn- he acquainted me with some particulars relateing to the state of our relations in the North— which as it is more than probable you have not heard— leads me, pr. the present opportunity, to acquaint you therewith. Our Aunt, he informed me, died sometime agoe at Althara Hall, to which she had removed sometime before her death, for sake of being near the church. At her burial a funeral sermon was preach'd by the Rever'd Mr. Fishwicke — of course it may be concluded if she was not a great, she was a good woman, and as the say in that country, well descended. William Aspden is also dead, about two months agoe. His son is married a lady of fortune at Colric and well settled there as a phy sician. While he walk'd the hospitals in Lond'n he made is home with Mrs. Noel. James Dyson, husband of Mary Aspden, likewise died ab't two months agoe — leaving her and family in pretty good circumstances. Our Aunt left her property among thirteen nephews and nieces, — the naraes of all I do not recollect. Nathaniel Aspden has raarried a second wife, has a large faraily, and rather lived to freely for one so circurastanced. Thomas stands respectably, and is doing well. I was surprized to understand by a letter lately, from hira, that our father had ten brothers who grew to men's estate — six I thought bad been the number — but this was number who died in England, and four abroad, to wit, Matthias, in Philad'a, Ralph and James, in Virginia, who I cant say I ever heard of, and Richard, in JVIinorca — Margery and Mary, at Simonstone — the latter also I never heard of. It was ray intention, had I not been misinforme4 of the time of this vessell's sailing, to have taken my passage in her — shall now embark in the packet from L'Orient — and go for Paris next week, where I have never been, and hope to be in Philad'a first week in July. With kind love to all the family, I am, your affectionate Brother, Matthias Aspden. Another circurastauce I was inform'd singular enough, accord- ( 143 ) ing to my age, that our Grandfather was born in the 1648, grew up and lived in all the troublesorae tiraes of Charles 1st, and Oliver, and married in the year of the Revolution, 1688, and died in 1728 — his wife the year before. Endorsed — Mrs. Mary Harrison. 92. Matthias Aspden, London, to Jamefi Hartley, Phila, Dear Brother — You have herewith a few papers and a letter for John Hall, enclosed to me from his father who knew me when a little boy at school at Whalley, in Lancashire, and has lately corae to an estate of £200 a year and upwards. This letter you will give to hira, or send to hira if not in Phila'd, as he has not heard from hira this three year. Had I not been inforrad this vessell w'd certainly sail earlier than she does, I would have erabarkd in her ; as it is haveing never been in France, I go next week to Paris, and shall embark in the L'Orient packet for New York, and hope to be in Philad'a early in July. As the state of ray health frora various causes, requires me to live a still and quiet life, I shall be glad you would look round for a dineing roora, apartment, with the use of a kitchen and servants room ; if the maid of the house will dress a plain dinner, dineing at 3 o'clock if not two, an hour earlier than I have been obliged to accustom myself these fourteen years past, and which an indif ferent appetite has made long reconcileable. You see by my seal I neither use the crest of the Scroops' " a plume of feathers out of a gold crown," or that of the Jones' " a lion holding fast to an anchor" to either of which I have a right, being according to our aunt's acc't of Roraan descent, witness noses ; nor should I have thought of this, had I not been insulted with seald notes from some upstart rascals to show their consequence, or display their vanity. I am your Brother and Friend, Matthias Aspden. Lancelot Cowper paid me last week £300 on acc't of the note that has been in dispute. Statement of the case I here send you. London, March 18, 1791. , Endorsed — James Hartley. ( 144 ) 93. Will of Matthias Aspden, cancelled, " My name tore out by me, and declared void by me. Matthias Aspden." Be it remerabered, that I Matthias Aspden, formerly ofthe City of Philadelphia, in the Province (now state) of Pensylvania, mer- chant, and now residing in lodgeings at No. 10 in Great Russell strt. Bloomsbury, in the city of London, gentleman; being of sound mind and memory, do make this my last will and testament in manner following: First. I give and bequeath to my niece Mary White, wife ofthe Rever'd William White, bishop of the Episcopal Church in Pen- - sylvania, in North America, and now resideing in Philadelphia, the interest, anuity or dividend, on the sum of two thousand pound four pr. ct. Bank stock, being part of the sum of twelve thousand five hundred pound I have at this time in the Bank of England four pr. ct. stock or annuity, dureing the term of her natural life ; the principal then on her decease to be equally divided among her children, their heirs and assigns. And in case ofthe death of any ofthe children before me, leaveing lawful! issue, then, that share that would otherwise have gone to the parent, had he or she been living, to go among such issue, their heirs and assigns. This sum to remain were it does, or drawn out with the consent of ray said niece, by ray executors, and placed to interest in Araerica, as may be conceived best. [" Void. M. A." is written across the above paragraph.] I give and bequeath to my three nephews, Joseph, Matthias, and George Harrison, brothers to the said Mary White, and now re siding in Philadelphia, the sum of two thousand pound of the said four pr. ct. Bank stock, to each of thera, their heirs and assigns ; and in case of death before me of any of them, leaving lawful issue, the sum left them to go as provided in the case of their sister. I give and bequeath to my two half brothers, Roger and James Hartley, now residing in Pensylvania, in North America, the sum of one thousand five hundred pounds, ofthe said four pr. ct. bank stock to each of them, their heirs and assigns. I give and bequeath to the children of- my deceased half brother, Benjamin Hartley, now, or late residing at Hadonfield in the state of New Jersey, in North America, the like sum of one thousand five hundred pounds four pr. ct. stock, to be equally divided among them, their heirs and assigns. And in case of the death of any of them before me, ( 145 ) leaving lawful issue, the same to take as provided in the case of my niece, Mary White. I give and bequeath to the children of my deceased half sister, Ann Hinchman, late wife of Will'm Hinchman, to wit, Ann, John, Williara, and James, now, or late residing, at or near Hadonfield in the aforesaid state of New Jersey in North America, the sum of one thousand pounds, five pr. ct. bank stock (being part of the sum of £3000 I have at this time in the five pr. ct. bank of England stock or anuities) to be equally divided among (hem ; and should any of thera die before me, leav ing lawfull issue, or at this time be dead leaving lawfull issue, the same to take the sum left the parent as provided in the case of my niece Mary White. I give and bequeath to my half sister, Bath- sheba Zane, wife of El. Nathan Zane, residing now, or late at Hadonfield in the state of New Jersey, in North America, the like sum of one thousand pounds, five pr. ct. bank stock,. her heirs and assigns ; the same to remain were it does during the term of her natural life, she receiving the interest or dividend on the same ; or may be sold out by my executors, with her consent, aud placed to interest in America, as may be judged best, the donor's intention with respect to the safe keeping of the principal being properly attended to. And on her decease, if she survive her husband, if not, on his decease, the same to be equally divided among her children, as provided in the case of my niece, Mary White, the interest to be paid into the hands of ray half sister during life, then to her husband, in case he survive her, during his life, and then on 'his decease to go as here provided equally among her children. I give and bequeath to ray half sister Rebecca Kay, late wife of John Kay, deceased, now, or late residing at or near Hadonfield, in the aforesaid state of New Jersey, in North Araerica, the like sura of one thousand pound, five pr. ct. stock, her heirs and assigns ; and in case of her decease at this time, or before me, the same to be equally divided among her children, as provided in the case of ray niece, Mary White. I give and bequeath to my following relations, now residing at or near Blackburn, in Lancashire : — First, to the widow of my cousin William Aspden, lately deceased, the sura of two hundred pound. To my second cousin, her son, Doctr. Nathaniel Aspden, the sum of one hundred pound. To my cousin Thomas Aspden, the sum of one hundred and fifty pounds. To ray cousin Nathaniel Aspden the sura of two hundred pounds. To my cousin Elizabeth Corless, widow of John Corless deceased, the sum of one hundred pounds. To my cousin Mary Dyson (widow), the sum of fifty pounds. To my cousin Ann Walmsley, wife of Lawrence Walms- ley, the sum of one hundred pound. To each of the children that may be liveing of my uncle Thomas Aspden, deceased, ten pounds. To a blind man, grand son of ray uncle Thos. Aspden, one hundred pounds. To my second cousin John Aspden, liveing in Old street, 19 ( 146 ) London, ten pounds ; and to his two daughters the sum of ten pounds each. To my cousin Ann Dugdale, wife of John Dugdale, liveing in Lanca * * the sum of one hundred pounds. I give and ****** *-y nephew, Matthias Harrison, his heirs and assigns, all my plate ; likewise my house in Water street, in the city of Philadelphia, in North Araerica, which has been unjustly seized and confiscated under pretence of high treason, by the state of Pensylvania. I also o-ive and bequeath to my nephew Jaraes Hartley, at Hadonfield in the state of New Jersey, North America, my plantation in Chester county, in Pensylvania, in North America, his heirs and assigns, which has been lately confiscated and seized under pretence of high treason, by the state of Pennsylvania. I give and bequeath the rest and residue of my estate, real and personal, to be divided into six equal parts in the following man ner, I give to my half brother, Roger Hartley, one equal part ; to my half brother James Hartley, one equal part ; to the children of my half brother Benjamin Hartley, one equal part, to be equally divided among them. I give to the children of my half sister, Ann Hinchman, deceased, one equal part, to be divided equally araong them ; 1 give to my half sister, Bathsheba Zane, one equal part ; I give to my half sister Rebecca Kay, one equal part ; and to their heirs and assigns respectively. It is also fur ther my intention and desire, that the several legacies left to principals, in this my last will, are not to lapse in case of their decease before me, but to vest and go among their children as pro vided, as if the had been liveing at ray decease. I do further con stitute and appoint my nephews Matthias Harrison, George Har rison, and ray half brother James Hartley, and my nephew James Hartley, and my nephew Isaac Kay, to be my true and lawfull executors to this ray last will and testaraenf. As witness my hand this 3*st day March, 1791. * * * Owing no money, I have made no provision for payment of my debts ; however, in case there should be any just debts oweing on my decease, it is my desire that the should be paid, and all my funeral expenses. And it is likewise my desire, in case I should die in England, that my body be buried at Padium or Padiham Church, in Lancashire, and a plain, handsome monuraent erected to my memory, with a suitable inscription thereon ; that being the Church where my grandfather and grandmother are buried at, and where all my father's brothers and sisters were christend. My grandfather was born abt. or in the year 1648, place by me not known ; my grandmother was a Scroop. Matthias Aspden. Or at the nearest Church to which 1 may die, or at Aspden, ( 14V ) Hertfordshire, or at Groorabridge Chappel, Kent. My mother's maiden name was Rebecca Packer^as not may not be to inconve nient — and the above directions observed. Endorsed — Will of Matthias Aspden. 94. R, Barclay, to Matthias Aspden, London, Dr. Friend — Accept my best wishes for your having a fine passage, and a happy meeting with all your friends in our native land. The three inclos'd letters be pleas'd to deliver on arrival. I am respectfully, Y'rs, R. Barclay. 13 July, 1791. Endorsed — Matthias Aspden, Esqr., No. 16 Caroline street, Bedford Square. 95. Benjamin Chew, jun, to Matthias Aspden,-^Note of Matthias Aspden at foot. Sir — Mere accident last evening, discovered to me, much to my surprize, that ray servant had neglected to carry to your lodgings, my letter or note written as dated, which I apprehended would have sufficiently been in time for your return frora the country. I here with enclose you, as you desire, the bond of Mr. Jos. Wharton, left with me ; as also the account ag't the estate of Mr. Jos. She- well, and ara with due respect. Your obed't h'ble serv't, Benjamin Chew, Jr. Walnut st, Monday, 26th March, 1792. Endorsed — Matthias Aspden, Esq. 144 North 3d Street. ( 148 ) This letter will shew that the bond of Joseph Wharton's, and acc't again Jos. Shewell, or more properly the estate, were put into the hands of council, who act as attorney, and who was fee'd on the occasion, to recover by course of law; which as practicable or not, would either prove the nullity or shew the attainder was in force again me, as far as they related to my real and personal estate, and being inform'd it was not practicable, he desired the might be return'd to me again : and further shews, as I believed when ex- arain'd by the coraraissioners, for enquiring into the merits and losses of Araerican sufferers, that my attainder was evidence, both of loyalty and losses, and really was independent of other conclusive matter stated. The within bond was left with Mr. Abraham Liddon, a little before I left Philadelphia, the latter end of June or beginning of Julv, 1792. M. A. 96 Matthias Aspden, Philadelphia, to H, Hoare df Co,, London, PhUadelphia, Ap'il 28, 1792 Messrs. Henry Hoare & Co. : Gentleraen — I wrote you in Octob'r last, soon after my arrival here, and to several friends in England, by the return of the Lon don vessells, and have since been without any answer to ray let ters, which 1 ascribe to their thinking I should return in the Decemb'r packet ; this might been as well from changes perceived, and the state of desolation I found our house in here, had other circumstances permitted. The receipt of some monies with the funds I bro't frora England, has made it not necessary for me draw on you, since I have been here, nor do I believe I shall have occasion while I continue ; how long this will be, the next arrivals will determine. I had thought of giving you orders by this opportunity, to pur chase for me £500, Bank of England stock, but as there are ves sells now going almost daily to different parts of England, will defer it a week or ten days longer. The ballance of my acc't with you, I believe must be above £1200 ste'g, which is more than a man of small fortune can afford to let lay >vithout some return. I ( 149 ) did intend to have applied it another way, but now believe I shall not. I am with respect, Gent'n, your friend, Matthias Aspden. To Messrs. Henry Hoare & Co., Bankers, London. I have lately discovered from an adjudged case in 1781, that I could not lawfully been the object of an attainder, having left Amer ica and made my election before the governraent here was forra'd ; were there was no law, there could be no transgression. This had /known ten years ago, would been ofthe first iraportance. From changes and combinations, I ara doubtful its now to late. 97. Matthias Aspden, London, to Abraham Liddon, Philadelphia. London, Sept. 10th, 1792. Respected Friend — I wrote you a few lines frora Bristol, acquainting you of my arri val at Falmouth on the 9th ult., and of my intention of going on frora thence into Lancashire, as I had a fortnight or three weeks to spare before I wish'd to be in London. I accordingly went, and reach'd this city on Tuesday last, after a journey of 700 railes. At Warrington I saw Mr. Ellis Nent, and mention'd the scanda lous confederacy of the passengers, Capt'n and Grange's consignee ; for I have no doubt he was in the party, and also my old friend Jo'n Chorley at Liverpool, whom I desired to express ray sense of it to Nic. Ashton, who was at Lancaster Asizes ; or otherwise if he had been at horae, I should have waited upon him, and have no doubt, if the juggle had been disgraceful on the part of the Capt'n, he would have acted accordingly. As these places were in my way, takeing a corner in the mail coaches where the offered, I went from Liverpool to Preston, where I met with Wilson the plumb picker, i. e. grocer, who I remeraber when a little boy there, is now ab't 70, and has been some years retir'd and lives in the house I used to lodge at, which belong'd to his uncle. I told him I had often been sorry my father had not left rae there, and put me prentice to the trade, or some good attorney, or cotton tradesman ; ( 150 ) it raight have saved rae many a painfull an anxious hour. I also saw there my old master. Shepherd, who is still a very hearty man, of 75 at least, and continues teaching school in the old place he did the 18th Jan'y, 1762. All my intimate school mates I found dead or dispersed. I saw there our country folks, Mr. Mrs. Beach, and their pretty daughter — who talk of being in Lon don this winter. Frora thence I went to Blackbourn, where I met my cousin Mary Aspden that was, now the widow Dyson, and a grandraother, (you will say now, touch me not,) and many other relations, whora you raay tell grandraother Harrison, are raost of thera in rauch iraproved circurastances, and in prospering way ; (so much for manufactures, and of course, trade.) Mary Dyson's daugh ter is married to her cousin Matthias Corless, (keep the Matt, in in the faraily.) The number of Matthias's in this part of the world are many — one they tell me in every faraily. Matthias is in partnership with his two brothers, Richard and Thoraas, indus trious, active young men, who are call'd in this country, and call theraselves cotton tradesraen. The have a warehouse in Black bourn, and a large cotton raill on a good stream ab't a mile from the town, which carries round a wheel that turns a number of Jen nys. The employ a good many hands ; children frora six years old, to persons 70 and 80. Children of six, 7 and 8 y'rs old, will earn 2s. to 3s. a week, tending the ¦**-** at a Id. a quart. This will find thera in bread and milk, and to spare. Woraen earn from 10s. to 12s. a week. The have three other brothers; the eldest was in another partnership in the same line, but ruined by the Livesays. Assisted by his friends, his is now by hiraself, and doing pretty well again ; another in the cotton trade, and the other keeps a shop, and lives with his raother — both doing very well. Hall who married Whitebread's daughter, was at Blackbourn. His father and him have differ'd ; he has offer'd hira fifty pounds a year to dock an entail of an estate of £250 st'g a year, which must corae to him on the death of father, and a widow, who at present receives fifty pounds a year, which he will not consent to, and I think is right. His father I ara told gave hira money, which you may inforra Mr. Morgan, to pay or take up the bill for his passage ; but I underst — and he thought he wanted it very badly himself, and defers it till another time. He has three daughters, and no son yet. I believe the will do pretty well. Plenty of coal ab't Blackbourn. Tell them at Philad'a to get grates and burn coal, and a little short wood in their kitchen; it will be the cheapest a.nd best fire ; at the end ofthe grate, the may have a cast iron oven, with a division in it ab't the middle, fixed with brick on edge. There is an iron plate, 9 inches wide, fixed about a foot above the oven, which on pulling out, draws a blaze out ofthe grate under the oven, and heats it in twenty minutes ; on pushing it in the blaze ceases, and it becomes a damper. There is another of the sarae diraensions fixed a foot ( 151 ) below, which on drawing out, lets out the cinders and ashes, and acts as a cooler. The are in use in Lancashire, and all over the north ; and the women tell me the are the best things in the world for every purpose of bakeing. Now tell them to be wise with you ; and that is to act like honest men, and return me my estate. If the will but think, the must be sensible, there is nothing could ex ceed the superlative injustice of takeing it away. See at this time, France and St. Domingo, how friend and foe are flying without being drag'd to any place of shelter the can get to ; had the latter been otherwise with me, I think I should have prefer'd the risk of being knocked in the head in America, to going to Europe to starve. Be kind enough if you have not wrote, and from to time to let rae know what steps you have taken in this raatter, and how you are likely to succeed. I believe I may venture to predict to you, that it must be restor'd. My kind respects to Mrs. Lid don ; and same remmembrances to all worthy friends and relations. I ara with real esteera, yr. friend, Matthias Aspden. These ovens are ab't 18 or 20 inches square. 98. Ab'm Liddon, Philadelphia, to Matthias Aspden, London. Philad'a, 11th Mo. 24th, 1792. Respected Friend — I receiv'd thy favor of the 17th of the 8th rao. last, dated at Bris tol, which gave me an account of thy safe arrival and journey to Bristol. I am glad to hear the had a pleasant passage, tho' the raet sorae difficulties; I hope the was not much hurt by the stage's oversetting. I was sorry I was not at home when the went away, as the left a Power of Attorney for me to act in the recovery of thy estate. I thought the had raet so raany discouragements from the lawyers here the would not have attempted it ; but if the should continue in the sarae mind still, the must impower some raore pro per person to undertake it, as I cannot have any thing to do with the law, therefore have not proved thy Power of Attorney. I have spoke with thy brother-in-law, Jaraes Hartley, concerning the note the mentioned, he says he will not pay it, but that he is willing to leave it to a refference, the chusing one man and he another. I f 152 ) told hira I would let the know his determination. If the should have any business here without being concerned in the law I shall be willing to do it for the chearfuUy. Our family and friends are all in prelty good health at present, and my wife joins me in love to thee. I remain thy Friend, Ab'm Liddon. Endorsed — Matthias Aspden, Bath. 99. Matthias Aspden, to Abraham Liddon, Philadelphia. Dear Friend — An oppertunity offering for New York, I embrace it to request should the debt due to me be paid to you when this comes to hand, frora Josep Shewell estate, you w'd be kind enough to invest it with any other monies of mine that raay come into your hands, to within fifty pounds, in either the £6 pr. c'ts or £3 pr. c'ts, defer'd stock, as you may think best, on my account, untill you hear further from me. I left in the Bank of North America a box or case containing my plate, ab't two hundred fifty ounces ; there is a label on it in these words, — " Plate, the property of Matthias Aspden." There is an entry made of it in the Bank books. Should this Bank be in cash for my half-brother's, J. H., note, 1 request it may be invested in same stock — and such further sum as the Bank may have of mine in their hands, to within one hundred dollars. I was yesterday, to begin with, taken with a Writ of Execution, though conscious I was free frora all debt, at the suit of a taylor for a coat made for me two years agoe last May, and not fitting was imediately taken back by the man that bro't it, it being so short and so flanting and pinch'd that it could not be let out, telling hira I was going to Bath in two days, and if he would make me one that did fit I would take it — instead of this, he sends me the same coat down to Bath, wh'ch was return'd and recei^ved. Last March, ab't nine months after, his foreraan comes to my lodgeings, and get ting admittance, he tells me he had bro't the coat again, and lays it down on a chair with a paper which I took to be the bill. I told him I w'd not have it, it did not fit, and throws it, with the paper, down the stairs after hira. It was afterwards taken back by the ( 153 ) people where I lodged and delivered at his house. This paper, I have since understood, was a suraraons, and that the knew I was to leave England in a week or two — of course, being in the first place ignorant, and in the second place absent, judgement went by default ; and 1 have had to pay ab't £10 to this swindling rascal and in his ace. So much for being at present a little in the situation of a prisoner, and drag'd from home at the begining of the late war. It was the sura I intended to have left this day for the present relief ofthe poor French refugees. I am, with respect. Your Friend, Matthias Aspden. The taylor haveing the goods, and still haveing them, he could not ground an action without perjureing himself, nor would a writ of ca. sa. legally *** The poplar introduced into Pensylv'a is, as I suspected, the cora mon English poplar. I was the before yesterday at Harrison's nursery grounds, Chelsea, where I saw large plantations of them, the tell rae are the are raost admired and sought after. This, I believe, is frora prejudice. The mountain lombardy poplar is of course hardier, the bark a darker colour, and the leaf a deep green, grows lofty and quick, and, I think, the raost beautiful of the two. Adieu. I might say, from my cell a 100 feet under ground. Endorsed — Mr. Abraham Liddon, Philadelphia. Pr. the Mont- goraery. 100. Memorial of Matthias Aspden, to the Judges of the Palace Court (Case.) Mr. Aspden, the party agrieved in the present case, desires to state to the Judges of the Palace Court the following transaction, where-in he has been wrofig'd, he raight add, he conceives swindled out of £9 14 6, for any foundation, cause, or ground, Thoraas Mas sey, taylor, the party in the first instance, had for takeing out a writ again him, out of that court which occasion'd it — and prays 20 ( 154 ) for such redress in the premisses as he may be entitled too, or in their power to give. Mr. Aspden, the latter end of May, 1790, or begining of June, employ'd Thoraas Massey, of Hollis street. Cavendish square, tay- lor, to raake hira a coat, lodging then at Mrs. Montgoraerys, in Craven street. Strand, who recoramended hira to hira. His direcr tions to hira was to raake him a plain neat coat, to fit easy, and raoderately in the fashion— Mr. Aspden (being above thirty,) and intending lo embark in the July packet for New York, and frora thence to Philad'a, his former place of residence. The coat was raade for hira (as he supposes) but too short, and so flanting, tight, and pinch'd in the back and sleeves that it by no means fitted him, or could it be let out to wear with any degree of credit or satisfac tion, or even without appearing ridiculous — and this, without doing injustice to Massey, he now believes was his intention. The coat was return'd by the man that bro't it, after his seeing it tried on, telling hira as he had given them this trouble, and the had been unlucky in fitting him, if the would make him another to fit hira properly again the day after the next, when he was going down to Bath, or if the would run the risk of this and send it after him, he would take it. (He is not certain wether he might not have told the raan this, after making sorae little alterations to the coat and bringing it to hira a second tirae, but this is not material.) A coat in a deal box was sent him down to Bath, for which he paid Is. 6 carriage, and 5 more postage of a letter. This, upon trying on, he found to be the same coat that was made for hira in London, and return'd. It was again, after trying on, sent back on the same account, and received, he found, on enquiring at his house, on his coraeing to town, the latter end of August, (haveing alter'd his inten tion of going to America that year.) After this he went to Mr. Jones, woollen draper, in the Abbey church yard, Bath, and bought as rauch cloth, arid of the sarae colour, or nearly, as would make hira a coat, and had it sent to a taylor who had raade deaths for him before, and fitted hira well, and who taken his raeasure for that purpose to be made up for hira, and who had seen the other tried on, and to whom it had been deliver'd to send" back, Mr. Aspden haveing then no servant; this coat also, contrary to his directions, was made too short for him, (perhaps to fav'r a weak -brother, if not a knavish one,) and so tight and pinch'd in the back and sleeves, that it could not be let out to wear with credit or satisfaction — and had he not paid for the cloth, and been summer time, he would have return'd if. The coat is now in his possession, and his right to do so will immediately appear on his putting it on. His buying cloth at Bath for a coat, in the room of the other, and getting it made up, Mr. Aspden conceives to be ample and full evidence XhaX if the other coat had fitted hira he would have taken it, and con clusive that Massey had no ground or cause of action again him. ( 155 ) on any pretence whatever, — or even supposing he had, it could only be for the damages or loss sustain'd on selling the coat to a third person ; and admitting this to be 20s. or 25s., a court of conscience, the proper court in this case, would have given him speedy and ample redress, if entitled to any, without putting hirn to the expence he did, in which (the judges will excuse him) he considers hiraself insulted and rob'd. Mr. Aspden further states to the judges, that it might be the lat ter end of Feb'y, but to the best of his recollection it was soraetirae in the raonth of March, 1791, eight or nine months after the coat had been return'd, and but a short time before be proposed leave ing England, that Massey's foreman came to his lodgeings, in Great Russell street, Bloomsbury, and on entering his apartm't lays the coat down on a chair with a piece of paper, which he took for the bill, and goes immediately away, telling him he had bro't the coat again — he call'd to him, telling him the coat did not fit him, and he would not have it; and goes, feeling the insult of haveing a coat repeatedly forced upon him that did not fit him, and takes it up, with the bill, and throws it down stairs after him, the people ofthe house takeing it up, and soon after carried it back and deliver'd at Massey's house, without his hearing any thing further from hira. On, or about the 2d of Aprill, Mr. Aspden set out for Paris, by the way of Southampton, but being to early for the packet to Haver, return'd again to London, and after near a fortnight's stay, went in the Paris Diligence by the way of Dover, but getting there to late, on account of his first going to Southampton to reach L'Orient in time for the packet sailing for New York, (a desire to see Fi-ance induc ing him to avail himself of that conveyance,) he return'd to Lon don, and remain'd in Charlotte street, Bedford square, from the first of June till the 17th of July, never either seeing or hearing further from this very worthy taylor. He then embark'd in the Harmony, Capt'n Osman, for Philad'a, and after a stay often months, return'd in the packet that sail'd from N. York in July last — an account of this in the papers very possibly being seen by Massey. Mr. Aspden, on was very scandalously arrested with a writ of execution just opposite to lodgeings, without the least notice haveing been sent him, and much to hi* surprize, as he was conscious of being free from debt, and was obliged to pay the money or go immediately to pri son — the officer even refuseing security from his Banker till the business could be investigated. Mr. Aspden further states, that the instructions to the Attornies, Turner dc Turnbull to sue, and affidavit of the plantiff to the writ, appears by the bill of costs to have been on the 29th Decem'r, 1790, two months previous, as has been stated, to his bringing the coat the last time, and its being return'd : to make a party liable for goods, Mr. Aspden understands the raust be ^' sold and deliver'd ;" here Massey, the plantiff, was absolutely in possession of the goods, ( 156 > i. e., the coat — therefore, there could be no debt owing, or cause of action ; hence, it is evident that Massey, if not maliciously, has wilfully and corruptly swore to a fact to take out the writ that neither did nor could exist. Suppose a taylor or shoemaker to make a pair of breeches or shoes too little for a customer, could he be compell'd to take them — the answer w'd be certainly no ! This will equally apply in his case, with respect to the coat. Mr. Aspden further states, he is a native of Philadelphia, and although well affected, was unwillingly bro't to England soon after the commencement of late unhappy war, and intended to have return'd and resum'd his former mercantile engagements had the terras of the peace permitted — is at present posses'd of a raoderate fortune, which the books at the Bank will shew, and always been strictly punctual in his payraents, — that he never, to his recollec tion, ever heard ofthe Palace court untill he saw the writ of execu tion the officer had who arrested hira ; and, therefore, as one in coramon with others that might stand in need of its protection, and of course amenable, were liable, he would been far from slighting or shewing any disrespect to its authority or jurisdiction ; nor did he or could he conceive (without supposing perjury) he was liable, in the present case, to be summon'd frora that or any other court, or otherwise he certainly w'd have appear'd either in person or by his attorney, and shewn cause why the writ should not have issu'd, or judgeraent gone again him. Mr. Aspden has lately been inform'd the paper he took for the bill, bro't with the coat, i. e., the goods in possession, was the writ. of suraraons, and taken back with the coat. Mr. Aspden, previous to his coming to England, had served on several grand and special jury's for the city and county of Phila delphia, decideing in the latter case as Chancellors, (for want of a Court of Chancery,)~and, therefore, may be supposed not unac- quainted how a verdict in the present case would be given, if it had or could be bro't before a jury. Independent of its being a false action, Mr. Aspden apprehends judgement again him may be revers'd or set aside for error in proceedings. ( 157 ) 101. Matthias Aspden, London, to Abraham Liddon, Philadelphia. London, Feb'y 1,1793. Dear Friend — I duly received your kind letter of the 24th of Novem'r acknowledging the receit of mine from Bristol, acquaint ing you of my safe arrival in England. By your letter, I see you make an objection to undertaking any business were law is con cerned. Your scruples or mistakes in this matter, I will no further attempt to remove, than the precepts of our great law giver, under the new dispensation justify me — for example in that respect he furnish'd none — when our Saviour was asked whether it was law- full to pay tribute unto Caesar, and. the silver penny was shown him, he told them to render unto Csesar, the things that were Cmsar's and unto God the things that belongeth unto God ; meaning here our obligations unto God are of one sort, and those unto the state of another ; and is in fact a command to render unto God, the things that belong to God, and unto the state, or individuals which compose the state, or are under the protection of its laws, the things that belongs, to the state, or such individuals respectively. And in the text were he says if any man will go to law and take thy cloak let him have thy coat also — as rauch as to say, if any raan, by an unrighteous judgment, under the letter of the law can take thy cloak — here take my cloak also, for you have, to express a true sense of it, as much just right to one, as you have to the other, or cost of it ; for we cannot suppose the Jewish law, any more than our own, per mitted one man to really strip another of his raiment, or any part of it ; " if a raan asks thee to go one raile, go with him twain ;" this text as well as the preceding is metaphorical, figurative and relative, and sol conceive to be understood. To rightly understand the Scriptures, we raust not go according to our convenience, but considering the intent according to the fair and sober meaning of them, rendering our obligations as they raay be respectively due to God and the state — the laws ofthe latter as well as the necessity of civil govern ment being only for evil doers — and it gives me concern to add the giver of the note in question has been one. I ara sorry you did not advise me by the August packet or sorae early opportunity of the scruples that has prevented you frora act ing in this business ; as I then could have sent out by the Sept'r or Oct'r packet a fresh power, and saved considerable tirae. I flatter rayself, however, my subsequent letters frora hence in those raonths has led you to alter y'r raind in this just business, and to under take the same, or, as the power I left gives authority, erapower'd ( 158 ) some friend to act in your place, or put the business into the hands of sorae council, which was all there was to do, as the papers left in your hands speak effectually to the point in question, without your further appearing or saying in the matter. I would only further observe, that had I rendered myself under the proclama tion I could not have been put on my trial. The executive council haveing exceeded their power in requiring me to render myself; likewise did the House of Assembly exceed their power, for the same reason, in declareing I should stand and be attainted of high treason if I did not appear ; this makes the act of Asserably, as well as the proclamation, void, and both a nullity, with respect to myself. Had not J. H. been my half brother, although a step or brother-in-law in conduct, there is no doubt among my acquaint ance, I could have found friends to have left ray affairs with, both more able and faithfull to have acquainted, for I can hardly sup pose him unacquainted with Chapman's case, and my reaZ situation und'r the laws of the state, which if I had been duly informed, much time would have been .saved, that has been uncomfortably pass'd and wasted, and I should have got my estate long agoe ; as it is evident from what I have stated above, that the confiscation of it was in violation ofthe laws of nations, as well as contrary to the treaty of peace ; and on this account I ara satisfied in the ulti mate, it will be restored. In order to remove every pretence to my half brother paying the note, I agree to deduct, or if the same sh'd be paid to allow him for my board from May 1776 to Sept. 1776 ; his expences, if not charged, going with me to New York, and to Maryland ; and either to send him, or allow him the price of a handsome coffee-pot. Independent of what he raay have of mine, or had, and what I have suffered thro his ignorance or wilfullness, the services I have ren dered him, has been much more than equivalent, without going into a recapitulation of particulars at this distance of time, to any he has rendered me. Here I will rest the matter, trusting as you know how far we are bound in mutual good offices, you will on further consideration of the matter, undertake the needfuil. With respect to the debt due to me frora Joseph Shewell's estate, I will, on the children's acc't, without being hard or any way oppressive, although advantage was taken by J. S. that should not been done, agree to any settlement or compromise, that you or any well disposed person may think reasonable. J. H.'s bond as you do not mention it, I flatter myself has been settled. With my best respects to Mrs. Liddon and friends with you, I am, with real esteem, y'r friend, Matthias Aspden. I use the terra lawgiver, as it applies to our state here ; with respect to our moral and civil conduct, " do as you would be done by." ( 159 ) Herewith you have a paper which contains the news of the day, and price of corn and flour at Bear quay. Should any friends be disposed to address a few cargoes to me of either, when the port opens, the best that can will be done for the interest ofthe concern'd, in my power. But they say people comeing from abroad to engage in business in England, something like what the call carrying coals to New Castle. At the register of will's office, I found the administrators to Jos. Shewell's. estate had accounted for debts paid to the amount of £900, which inclines me to think the have in their hands the debt due to me from the estate, as the account had been duly rendered. At Halifax I observed the roofs of their houses are flat, nearly to a level ; if you should mention this, the will perhaps tell you there is no snow falls there. Some body in N. York had the im pudence to tell rae there was no artchitects in Philad'a only carpenters ; do mention this to the builders there. The distractions and massacres in France are melancholy, not unlikely as things are going on, the Prussians and Austrians will divide that kingdom. As the late unhappy war has made an alteration, I could see in morals, in Araerica, I will be obliged to you in confidence to say, what are the respective characters of my half brothers and sisters children, Phil'a and Jerseys, and how the conduct themselves, as far as you can, and how the conduct themselves ; these were parti culars I could not well hear when in America — the girls that are single particularly. Endorsed — Mr. Abraham Liddon, Philadelphia. Pr. the Roch- arapton, Aiken. 102. Matthias Aspden, London, to Abraham Liddon, Philadelphia. London, March 4, 1793. Dear Friend — Herewith you have copy of my last; have since been without a line from you, although we have had several arrivals from Philad'a at Falmouth, or any other friend, which I ara rather concerned at. Madness and folly has occasion'd another war to commence be- ( 160 ) tween England and France. My idea that there was no cause tor war; and having had for some time, a pretty large sura laying at my bankers, led me to buy in £1000, 5 pr. ct., and £300, 3 pr. ct. stock, which" were I sell now, 1 should lose near £200. This will induce me to alter my plan of purchase, as I intended ; hitherto you will see I have not flourish'd under the rose, whatever preten sion I may have. I yesterday call'd to see in Newgate, Mr. Tho's Boleyston of Boston, whora the want bring in as a sleeping partner, in the house of Lane, Son & Fraser, lately fail'd ; or if this won't do, to milk him for lending them money at an usurious inter est. So much for being a stranger, and friendless. I am with esteem, y'r friend, Matthias Aspden. Duke of Richraond, En la rose Je fleurie — Commissioner, D. P. Coke I believe is a Piluen. Have you any relations in England — No — What had this to do with loyalty or claim. Endorsed — Abra'm Liddon, Philadelphia. (Loxley.) London, Feb'y, 1793. Dear Friend — I duly received your kind letter of the 24th of Noveraber, ac- knowledeging receipt of min frora Bristol, acquainting you of my safe arrival in England. By your letter I see you make an objection to undertake any business were law is concern'd. Your scruples on this head, or mistake in this matter, I will no further attempt to remove than the precepts of our Great Law-giver under the new dispensation justify me — for example, in that respect, he furnish'd none. When our Saviour was ask'd wether it was lawfull lo pay tribute unto Cajsar — and the silver penny was shown him — he told thera to render unto Caesar the things that were Caesar's, and unto God the things that belongeth unto God — meaning our obligations unto God are of one sort, and those unto the state of another ; and is in fact a comraand to render unto God the things that belong to God, and unto the state, or individuals that compose the state, or are under the protection of its laws, the things that belong to the state, or such individuals respectively. And in the text were he says, if any one will go to law and take thy cloak, let him have thy coat also ; as much as to say if any man, by an unrighteous judgment, under ( 161 ) the letter of the law, can take thy cloak, here fake my coat also : for you have to express a true sense of it, as much just right to one as you have to the other, or cost of it. For we cannot suppose the Jewish law any more than our own, permitted one man to really strip another of his raiment, or any part of it. If a man ask thee to go with him one mile, go with him twain. This text, as well as the preceding, is figurative, metaphorical and relative ; and so I conceived to be understood. To rightly understand the Scriptures, we must not go according to our own convenience or any partial sense, but considering the intent or design, according to the fair and sober meaning of them ; rendering our obligations as the may be respectively due to go to God, and the state. The laws of the latter, as well as the necessity of civil governraent, being only for evil doers ; and gives rae concern to add, the giver ofthe note in question, has been one. I ara sorry you did not advise me by the August pack't, or some early opportunity, of the scruples that has prevented you from act ing in this business, as I then could have sent out by the Sept'r or Octob'r packet, a fresh power, and saved considerable time. I flatter myself, however, ray subsequent letters from home in those months, has led you to alter your mind on this just business, and to undertake the same ; or as the power gives authority, erapower'd sorae friend to act in your place ; or put the business into the hands of some council, which was all there was to do, as the papers left in your hands speak effectually to the point in question, without your further appearing or saying in the matter. I would only fur ther observe, that had I render'd myself under the proclamation, I could not been put on my trial, (not being a subject.) The Exec utive Council on this account, having exceeded iheir power in re quiring me to render rayself; likewise did the House of Assembly exceed their power, for the same reason, in declareing, if I did not appear, 1 should stand and be attainted of high treason. This makes the act of Asserably, as well as the proclamation, void, and both a nullity with respect to rayself. Had J. H. not been my half-brother, (although a step or brother- in-law in point of conduct,) there is no doubt among my acquain tance I could found a friend to have left ray affairs with, both raore able and faithfull then he has proved himself to be ; for I can hardly suppose him unacquainted with Chapman's case, and my real situ ation under the laws of the state ; of which, if I had been duly inforra'd, much time would have been saved that has been uncom fortably pass'd and wasted ; and I- should have got my estate long agoe. As it is evident from what I have stated above, the confisca tion of my estate was in violation ofthe law of nations, as well as contrary to the treaty of peace, and on this account I am satisfied in the ultimate will be restored. In order to remove every pretence to my half-brother paying the 21 ( 162 ) note, I agree to deduct, or if the sarae should be paid, to allow hira for ray board, frora May 1776, to Sept'r 1776. His expences if not charged of going with me to New York and Maryland ; and either to send him, or allow him the price of a handsome Coffee pot. Independant of what he may have or had of mine, and what I have suffer'd thro' his ignorance or wilfullness, the services I have render'd him, has been much more then equivalent, without going into a recapitulation of particulars at this distance of time, to any he has render'd me. Here I will rest the matter, trusting as you know how far we are bound to mutual good offices, you will in further consideration ofthe raatter, undertake the needfuil. With respect due to me from the estate of Joseph Shewell, I will on the children's account, without bearing hard or any way oppres sive, although an advantage has been taken that ought not to have been taken, agree to any settlement or corapromise that you or any well disposed person, may think reasonable. J. W.'s bond, as you do not mention it, I flatter myself has been settled. With my best respects to Mrs. Liddon, aud reramembrances to friends with you, 1 am with real esteera, y'r friend, Matthias Aspden. N. B. I use the term the Law-giver, as it applies to our state here, with respect to our moral and civil conduct — " Do as you would be done by." Herewith you have a paper which contains the news ofthe day, and prices of corn and flour at Bear Quay. Should any Friends be disposed when the port opens, to address a few cargoes to me of either, the best that can, will be done for the interest of the con cern'd, in my power ; but the say people comeing frora abroad, to engage in business in England, is soraething like what the call carrying coals to New Castle. At the Register of Wills' office, I found the administrators to Joseph Shewell's estate had accounted for debts paid to the amount of £900, which inclines me to think the have in their hands the debt due to me from the estate, as the account had been duly ren- dered. — (Copy.) ( 163 ) 103. Abraham Liddon, Philadelphia, to Matthias Aspden, London. Philad'a5thmo. 4th, 1793. Respected friend — I receivd thy kind favours of 2d mo. and 3d mo. 4th, 1793, and must acknowledge I have been wanting in not writing to the sooner. I called on thy half brother, J. Hartley, and informd him ofthe proposals of thy letter of 2d mo. ; he says he will pay the ballance iraediately on leaving it to any two men and they saying what is comeing to thee. I ara surprisd the did not settle those difficult ac'ts thy self when here. I believe the will not get any thing frora either J. Shewall's estate, or J. Wharton's bond. I called on Benja. Gibbs, a few days ago, who was so unwell as not to be spoke with, and was informd he was quite blind. I should be glad if the would irapower soraebody else to transact thy business, as my own takes up what little time I have to spare. As for thy estate, I think the had better get what is offerd the in England then to trouble thy self about it here. The war in Europe we understand, is like to cause a many failures there ; and I fear will affect our merchants materially. America remains quiet and peaceable, and if our rulers are wise will still remain so. Our family and all friends are well. With wishes for thy welfare every way, I remain thy Loving friend, Abm. Liddon. Endorsed — Matthias Aspden, to the care of Henry Hoare & Co. bankers, London. 104. Matthias Aspden, London, to London, June 30, 1793. Dear Sir— To preface a little before I begin, I will just say, I am led, first, simply from the intrinsic justice of my cause. 2ndly, ( 164 ) From the absolute right I have to the estate in contest, which the parties in possession I ara induced to think must be conscious of, and which I believe is admitted by every impartial person through the states, to whom the facts are known ; and rights you know may be taken away, but cannot be given up. 3dly, I am led to give you the trouble ofthe inclosed power of attorney in this case, first, because I would do an act of fair justice here (and think myself bound,) to a person on your side the water ; or where I on y'r side, to a person on this ; and that you in this respect think as I do, and will be willing to act for me ; 2dly, as you are of another state, that there will be fewer difficulties in the way, aad as your slate has acted on principles both wise and liberal with respect to former citizens, in considering them if the did not appear agreeable to notice, as alien enemies, and incurring forfeitures accordingly, and in this on principles strictly national, having in view, I conceive, the manner in which American vessells were confiscated under the prohibitory act, to wit, as the property of enemies, which was plac ing America upon a footing independence, or considering them as a foreign nation ; happy would it have been for Pensylvania, had one or two been considered with an eye of less indulgence, and that state had acted in the same wise manner ; some lives would been saved, an equally good effect answerd, and the ruin of many valu able citizens prevented, some of whom (as for instance I may say myself, who had not a choice in the case,) were so greviously suf ferers by the other side, to be rob'd and persecuted again on that, and particularly in the cruel manner I have been, for I have great reason to believe that the comraissioners here, frora the means posses'd of inforraation, must have known that my estate neither was nor could be legally forfeited, frora the laws of the state and several adjudged cases in point, to wit. Chapman's, Buffington's, and Andrew Elliot's of New York, yet very inhumanly kept me in suspense till the close ofthe enquiry, five years or near it, refusing to explain the cause, which alone would satisfy me ; expecting I might find it out, or that the property would be restored to me, I suppose. When I left Philad'a I left a power of attorney with Mr. Abm. Liddon of that city, whom ray father, from an opinion of his being an honest man, left an executor of his will, of course, as he must have some knowledge of my affairs, I considered him, on this, and other accounts, a proper person to leave a power with ; but from scruples he writes me he has, of haveing any thing to do with busi ness, were law is concernd, he must decline aicting for me. With respect to the restitution of my real estate, I think there will be no need of going much to law. See Andrew Elliot's case of New York, or steps taken by him. 1 should think a representation made to the judges of Federal Court, or Supreme Court ofthe state of Pennsylva. that I was not a subject (nor an inhabitant of the ( 165 ) state of Pennsylva. nor of any of the states) when required to render myself at the hazard ofthe sea, risk,and capture, (if I was the party really raeant) and therefore if I had appealed, could not have been put on my trial for the treason alledg'd against me. Of course the executive council exceeded their power in calling upon me, (if I was the person meant) to render myself for trial. And also the house of Assembly, the sarae, or the act extending the time of appearance, in saying, if 1 did not appear, I should stand and be attainted of high treason (a person not a subject) by the authority of that act of Assembly ; as it is evident here the Assembly must have gone upon the foundation of the proclamation, which had none, and where there is no foundation the superstructure falls of course, and makes the proceedings void. I embarked at New Castle on the Delaware in an American vessell, on the 19th or 20th Septem'r 1776, for England, by the way of Spain, on lawfull business, and was never after in America, till July 1785, theretore could not have joind the Brittish array, another count ; and if I had been a sub ject, unless I had committed that sin, I could not been guilty or offended again the act. Where property has been so wantonly, cruelly and injuriously taken away, I think the credit ofthe Union is concernd, that it should be restored, and justice done. See the case I published in Dunlap's paper. May 30, 1792. Or if this step will not do, a writ of ejectment may be brought to obtain posses sion, which will bring the raatter at once to issue. I left with Mr. Liddon, a bond of Mr. Joseph Wharton's, of Philad'a, for £284, given in 1774, also an acc't again the estate of Mr. Joseph Shewell of Philad'a for £465 12s. 4d. which was incurred on account of rent, made out by, and delivered by ray half brother, James Hart ley, who let the house to him. The executors of Mr. Shewell's estate are Mr. Benj'n Gibbs, and Mr. Tench Cox, who in their acc't raade up and rendered at the register's of will's office, I am inclined to believe from the am't of the debt the estate is charged with, have charged this debt, as an account was duly rendered, and now have the raoney retaind in their hands, under a pretence of its being forfeited, and may be claimed. I left also at the bank of Philad'a a note for £254 6s. with my endorsement on the back of it, given to rae by this sarae half brother, who afterwards when it becarae due refused to pay it, and trumpt up a very scandalous acct. to thcarat. of £178 3. 3, I am concerned to mention, which he wanted to have left to men. When this note was given, the money was offered to be paid, and also afterwards, but as I was not in iraraediate want of it, I declin'd it untill it came due, as he then would be in cash, or would have a right to charge interest on a note given hira for this exact sum by Mr. Isaac Hazelhurst of Philada., the same being given or paid to my half brother on acct. of a bill of exchange of Mr. Robt. Morris of Philada., sent tome in the year 1787, and returned protested; and amounted, with interest and ( 166 ) damages on settlement, to £254 6, for which Hazlehurst's note was given. I would just remark here, that his behaviour to me from the tirae of ray arriveing untill I left his house a little before Christmas, 1792, was highly unworthy, which led me, as I was then going to New York, and perhaps from thence to England, to get ray plate our of his hands, and send it to the bank (where it must remain), also my deeds, and to settle with him, takeing the note here mention'd, and giveing him a receipt specifying what it was for, and also another receipt in full for £30 cash, this being the am't of a debt received by him due me, since rendering me his last acct. curr., and sending me a bill for the ballances. In this sum of £30 I settled with him for ray board, also for a haraper of cheese he had paid for rae, and sorae other little triffles, and receiv ed the ballance, five or six pounds, of him in money. His first acct. cum. rendered me is dated May 14th, 1784, ballance in my favr. £235 10. li currency ; his last acct. curr. Feb'y 10th, 1789, bal lance in in my favr. £35 curr'y., for which a draft was sent me for the ball'e : all these particulars and facts are full evidence and proof, that he was in my debt, and that acc'ts between us are set tled ; and that he can have no demands on me, but what are false and fraudulent ; the one he has raade being principally for the brother ly charge of coraraission ; remarking here as per contra, that I have received monies here for him, ship'd him goods, and done him many acts of kindness, that were fully equivelent to any, or all, the services he has done me, exclusive of sundry things he has of mine in his possesion, or considering how much I have suffered thro his unfaithiliUness or ignorance. The only pretence he has to urge for making this charge, was my sending for a silver coffee-pot, on my return to Philada. and going into lodgeings, were it was only con venient to give a dish of cofiee and a glass of wine to a friend that might call of an evening to see me ; and this I look'd upon as very fair, as he had very good copper breakfasting coffee-pot of raine in his possesion, and as 1 might very properly deem it a lapse legacy, as his wife, to whom I had given it, or the use of it, was dead. I nevertheless acquainted him, that 1 would either return it or give him another in due season ; and accordingly, to be as good as my word, wrote to my friend Liddon, to allow him in settling the note the price of a handsome coffee-pot, or I would send him one ; and also for ray board at his house frora May 1776, to Sept'r 1776 ; to this I still keep. The papers here mentioned are in Mr. Liddon's who will deliver thera to your order, who 1 hope will be a safe one. Chief Justice Mr. Mason, acting as attorney with Mr. Physic, for Mr. Pen has led rae to think there would be no impropriety in sending a power to you ; frora some part of this letter, you will see It was intended for a friend in the state of Maryland ; leave out those parts and the rest will corae with propriety to yourself; his remote situation, added to the necessity he would be under of employing a ( 167 ) third person in Philad'a, has led rae to think since writing, it might be to inconvenient for him to act. And as you are differ ently situated in this respect, and still of another state, which makes you a disinterested party — that a power sent to you would be more suitable and proper, and hope from the good understanding that has been between us, and our fathers before us, you will have no objections to act under the same, and to do the needfuil — for which every necessary expence will be paid, and such corapensation made as you may desire. 105. Matthias Aspden, London, to Mrs. Harrison, Philadelphia, London, June 30th, 1793. Sister — The foregoing (or enclosed) letter was intended for Joseph Coo- per, sen'r, opposite to Philad'a, but upon taking the matter again into consideration, and as their is little intricacy and no need of rauch trouble in the case, I have concluded on sending the power to you. You have only need to send to Mr. Ashton Humphries, Peter Thompson, or Hillary Baker, or to call on Mr. Lewis or Cox, or the perhaps will wait on you, or any other council whose eyes are open to conviction, and show thera the enclosed letter, and refer thera to Dunlap's paper of the 30th May, 1792, and ask them if the will undertake to bring the matter to issue before the proper authority, (for I am decided with respect to right,) to recover the identical property, or sue the State the for daraages ; for a man under those circurastances, and an innocent raan, to have suffer'd death in Pensylv'a, would have been such an indeliable stain on the governraent, that no tirae could have wash'd away. Or if the pro perty should be restored, what is the value of it compared to the injury and suffering I have experienced in other respects. I pro pose, if I can, to return in August, if not in the spring. Should any money be paid, I w'd have it laid out in the three pr. c't defer'd ( 168 ) or six pr. cent, stock, as may be best— although I am doubtful, things are tending to a rupture. I ara. Your affect'e Broth'r, Matthias Aspden. P. S. My plate I would have to reraain in the Bank. I will just ob.serve ray estate paid taxes during the war. Endorsed— Mrs. Mary Harrison, in Philadelphia. 106. Matthias Aspden, London, to Ab'm Liddon. London, June 30th, 1793. Dear Friend — I ara favor'd with your letter of the 5th ult., and ara sorry to see that you are amused with the seeming fair proposal of my half-bro ther's, to leave a settled acc't to two indifferent men. If there had been any thing to leave, I would have done that before I left Phi lad'a ; but as there is not, for if I make no charges for services ren der'd on my side, he certainly has no right to make any charge of services render'd on his ; and that all matters are mutually settled between us on this head, his two acct. currents, ballance of each in my fav'r, the recepts that pass'd when in Philad'a, and the give ing this note — are full proofs. The offer I made hira, and to which I still keep, places him in a better situation than before the coffee-pot was return'd, the latter being the only pretence he can urge, for his trumpt up acc't ; therefore, if he will persist in his refusal to pay the note, a court of law and equity is the only proper authority now to leave it to a reference, and as the possess power, the are best judges in the case. I have, by this conveyance, sent a Power of Attorney to my half sister, Mary Harrison — should you have declin'd acting through the medium of a third person, who, I hope, as there is no intricacy in the matter, will be able to do the needful through a channel of that kind — and to whom you will ( 169 ) please to deliver the necessary papers left with you. With remem brances to all friends and relations, I am, W'th real respect. Your Friend, Matthi.is Aspden. To Mr. Abra'm Liddon, Philadelphia. 107. MatthAas Aspden, London, to Cashier of Bank North America. London, June 30th, 1793. Sir — By a letter dated the 5th ult. from Mr. Abra'ra Liddon of your city, with whora 1 left a Power of Attorney, a few days before I left Philad'a, in July last, to act for me, but who declines it, I am inform'd the note of my half-brother, James Hartley, enter'd at short credit to my acc't, has not been paid, a matter of some sur prize and concern to me, as I cannot suppose it to be thro' any want of ability, and as the transaction was a very fair and just one. I have by this conveyance sent a power to my half-sister, Mrs. Mary Harrison, of your city, who, I hope, through her attorney, were it may be required, will be able to do the needfuil in my affairs. Should silver fall, which is expected, in price, have it con templation to ship some dollars to invest in funds of the States, which, I hope, will be wise enough to be content with picking the bone in the present crisis. It is my desire that my plate which I sent to the Bank previous to my leaveing Philad'a, and is enter'd in your book of deposits, continue there, untill you have my order for its further disposal. I ara, sir. Your obed't serv't, Matthias Aspden. To the Cashier ofthe Bank of North America, in Philadelphia. 22 ( 170 ) 108. Sfatthias Aspden, Bristol, to Ab'm Liddon, Philadelphia. Bristol, August 17th, 179ff. Dear Friend — This place laying not more than five or six railes out of my way, and the stages running thro' it, I W9.s led to take it in my route, and came here last night. I left New York on the 5th ult., arrived at Halifax on the 14th, sail'd from thence on the 18tb, (where I was politely treated by Governor Wentworth,) and arrived at Falra'th on the 9th inst., after an easy passage of 22 days ; got soundings on the 16th day, and afterwards kept out by a calm, succeded by a strong easteriy wind. Paid for my passage the immoderate sura of thirty-six guineas, and two guineas raore to the steward and people— to the two soakers who were my fellow passenger, one of the name of Potts, who is in the post office in Lond'n, the other, Miller, a Scotchman, who has a store I believe in Virginia, it might not haVe been to much ; and to whom I owe I but little on the score of condescension or good manners; who upon Mr. Harts horn and family leaving us at Halifax, who had come with us from N. York, took possession of the two state rooms, to which, as their application for a passage was prior to mine, I could make no objection to, on the ground of right, further then being a bad sleeper, which I believe the were not unacquainted with, I should have preferr'd one of the state rooms to a cabbin in the steerage, where we dined and sup'd. Had I been in their situation, and either of them in mine, I think I should been less tenacious, and shown more consideration; however being only passenger,! raanaged it along pretty well. Still as I have experienced many inconve niencies in coming round this way, as well as considerable and unne cessary expence, I cannot help thinking myself very cruelly treated in those friends raakeing the agreement the did with Capt. Roberts, and disappointing me of a passage, not only with him, but in the other vessells that were sailing for England at that time ; after what I had said to Capt. Roberts on the subject, desired him to inforra them. My property was honestly come by, and have people enough to give it to, without throwing it away. As this is a time ofthe year when the city, as well as the other ofthe end of the town is very thin, I propose as I shall save full a hundred raile by it, to go on iraraediately into Lancashire, and return to London the first week in Sept'r thro' Nottinghara. The business I left in your hands, I flatter myself you will attend to ; in our dependant situation as rnen, we stand in need of the aid of mu- ( 171 ) tual good offices; if you render me services at one lime, it may be in ray power to render you services at another ; and in the present case, if either the credit of the State or Union is consulted, or doing me justice, very little trouble will attend it. I left my unworthy half-brother's note for £254. 3. at the Bank of N. A. in Philad'a, which as it was endorsed when I left it there, and had three month's to run, and might have been in circulation, I did not like to take it out of the bank again, but desired Mr. Wells on that acco't to give direction to the Bank Solicitor or Council, to bring an action for the recovery of it, which I trust will be done, if not paid ; otherwise do you be kind enough to do the need- full. You raay lei my nephews J. H., A. H. and their sisters, and the others know, that I shall keep thera in remmembrance, how ever I raay feel and be concern'd for the misbehaviour of some. When any ofthe girls marry, be kind enough to let me know. With my kind corapliraents to wife, and remmerabrance to friends, not those who put on new faces, perhaps because I had not been rascal enough in prison and in banishraent, to take to ray self a rib, add to ray own, and raore than probable from prospects, raake another that was happy, raiserable. What is the cause the Africans in the islands and Carolinas, do not increase without recruits from Guinea 1 Doctor Rush may be a good casuist to apply to in this case. The season in England, I am inform'd, was wet untill the latter end of July. It is now fine, and harvest likely to be favorable. All is orderly and quiet here ; and as usual, as busy as bees. I ara with regard and esteera. Your friend, Matthias Aspden. P. S. About five railes from this city, the coach I was in with a lady and another gentl'n, and three or four outside passengers, overset just on the riseing of a bridge, frora the horses being fright- en'd at a wheel barrow with an erapty hhd. on it coraeing over, and turning short round. An outside passenger was very badly hurt. 1 got my head a good deal broke, from comeing with much force again the roof and corner of the carriage ; the lady a little frighten'd ; that was all. So you see there is risk in travelling by land as well as by water. Believe me, I could been content in my own native land. I came here on the 15th, and set out at 7 this evening, in the mail coach for Birmingham ; hope we shall better luck then in the last. ( 172 ) 109. Matthias Aspden, London, to James Hartley, jun., Haddonfield. London, Sept'r 21, 1793. Dear Nephew — As you were expressing a desire when I was at Haddonfield, that you wanted a stove, and as a little miemento that I have not forgot you at this distance, I have here enclosed you a draft on the Bank at Philad'a, for twenty dollars to buy you one. I did intend to .liave return'd to America in August last, but finding it not convenient, have defer'd it untill spring, when I hope it may suit me. In the meantirae frora the right I have thereto, hope to hear my estate has been restored. You will give my love to your sis ters, brother, aunts and cousins. I ara affec't y'r uncle, Matthias Aspden. To Jaraes Hartley, Jun'r, Haddonfield. Endorsed — To Mr. James Hartley, Jun'r, Haddonfield, State of Jersey. Arch Street. Pr. the Mohawk. 110. Matthias Aspden, London, to James Hartley, Jun'r, Haddonfield. July 14, 1794. Dear Nephew — On ray leaving Philad'a two years agoe, I left a power of attor ney for Ab'm Liddon, (then absent,) to act for rae. He soon after wrote me that he was not free (to my surprize) to act in any busi ness were law was concern'd ; in consequence of this advice, I sent by Capt. De Hart, a twelve month agoe, a power of attorney to my sister Mary Harrison, to act for me, whom I am apprehensive is dead, as I have not since heard from her. This has led me to send ( 173 ) by this opportunity, two powers to Philadelphia ; one to my friend Thomas Morris, brewer ; the other to my friend Joseph Siras, merch't, to act for rae in case it sh'd not be convenient to Thom's Morris, to whom I hope it will, as he may be raore accustora'd to business of something of this kind, and raore leisure to attend to it, then Joseph Siras. Should it happen not to be convenient to either, 1 would have you act under the power enclosed, which I believe will be sufficient for the purpose, and to consult the above-men- tion'd friends, and any others, on proper steps to be taken. Jaraes Kinsey at Burlington, gave me disinterested advice when there in 1785, and might be a proper lawyer to eraploy ; or Lewis in Philad'a, to whora I believe if I had at that time gone to instead of Ingersol, I should not have corae away. I broke up house-keeping in Aprill, 1776 ; then embark'd intend ing for England on lawfull business, and finally left that country, (State of Pensylv., &c.) the Sept'r following. Frora that tirae or period, I became no longer an inAa6iiawJ(of Pensylvania,) of course that plea fails. The Treason law in Pensylv'a, or law declaring what shall be treason, pass'd six months after ; which says all per sons now inhabiting, do owe, &c. ; therefore neither the Council nor Assembly of the state of Pensyl'a had any power or authority to call upon me, or to declare me a traitor. This, adjudged cases has settled and proved, and is sufficient if justice is to be obtain'd, to recover ray estate. The privation of right has been the gre vious and injurious circumstance. An action will lay again the estate for the recovery of rent and damages, of which persons on the spot, must be the best judges. Also writs of ejectment again the tenants. You may propose or agree with the lawyer you employ, to give hira a certain reasonable sura on recovering the estate, or doeing the business, which shall be duly paid, and every other expenses you are at ; these I can conclude you will let be as raoderate as you can. Give my love to your sisters, brother, aunts and cousins ; hope the are deserving ; and to your uncles that are worthy, I am affection'ly, Y'r uncle, Matthias Aspden. Ab'm Liddon, should you act, has papers respecting debts that you will want, and which he will give. Your uncle James I hope has paid his note. I should have return'd this sumraer to America, but for the chances of capture, and doubtfulness of a war with America. Direct to me, London, or to the care of Henry Hoare & Co., Bankers, London. The power is witness'd by the two raates of Geo. Barclay ; also ( 174 ) by Capt. Collet and Josiah. My name sign'd at the Bank, may be sufficient proof. Hope you got the Bible. Endorsed— Mr. James Hartley, Haddonfield, State of New Jer sey. 111. Jos. Sims, Philadelphia, to Matthias Aspden, London. Philad'a, 4th Novem. 1794. Matthias Aspden, Esq'r : Sir — Your esteeraed favor of the 14th July last, I rec'd a few days since, inclosing a power of attorney frora you, to act in your behalf, in respect to the recovery of your estate. I am rauch obliged to you for the confidence reposed in me, but am under the necessity of declining to act under the said power ; my present engageraents being such as to engross the whole of ray tirae ; and to undertake and not pay the necessary attention to the business, would be breaking through a rule which ray endeavours are strict ly to adhere too. I ara raost respectfully. Sir, Your raost obed. hum. serv't Jo. Sims. Endorsed — Matthias Aspden, Esq. To the care of Messrs. Henry Hoare & Comp'y, London. ( 175 ) 112. Thomas Morris, Philadelphia, to Matthias Aspden, London, Philad'a 11th mo. 5th, 1794. Esteemed Friend — • Thy favor ofthe 14th of July, was (with the enclosures) lately handed to me. I am obliged by the proof of confidence on thy part intended, but for several reasons am under the necessity of declining the offered trust. My not accepting it, I hope will be of no disadvantage to thy affairs here, as by thy letter it appears pow ers of attorney are lodged with several other persons, whora I believe to be raore equal to the business than rayself. I trust that by this tirae, thy apprehensions respecting hostilities between Great Britain and this country, are reraoved, being rayself per suaded that the interests of both will be best proraoted by a mutual interchange of good offices, and well convinced that the inclination of the judicious on both sides, and particularly of our executive, are in favor of such a systera. Supposing this opinion to be well found- fed, it will be likely that thou wilt not be long in resolving to corae to Araerica. By this step I hope thy business will be brought to a happier conclusion than is reasonably to be expected frora the agency of any other person. With sincere desires that in the prosecution of thy clairas, ample justice may be done, ' I am thy real friend, Thos. Morris. Endorsed — Matthias Aspden. To the care of Henry Hoare & Corapany, Bankers, in London. Pr. Adriana. ( 176 ) 113. Matthias Aspden, London, to T. Morris, Philadelphia, London, March , 1795. Mr. Thomas Morris, Philadelphia. Respected Friend— I have the pleasure of your fav'r before me ofthe 5th of Novemb'r, which informs me ofthe receipt of my letter to you ofthe 14th of July last, with the enclosures therein, and of their being reasons that make it not convenient for you to act in the trust requested. I have the sarae answer from our friend Mr. Joseph Sims, and am perfectly satisfied from the mutual obligation we are under, of ren dering good offices one to another, of his and your willingness to serve me in this very just business, were you more at liberty from your respective engageraents. I ara sorry it happens so, from the security I have in your probity and abilities to the undertaking. I will nevertheless flatter rayself some of the reasons which may have induced you to decline the trust may be oweing to the power I sent to ray nephew, or to that I left with our friend Ab'm Liddon, on my leaveing Philadelphia — this, as I have no letters from either lately, I shall conclude to be case, and expect to hear soon. I will only add, to come within the power and protection of the State, the parties must be subjects — and from the raanner this supposed attain der of me has operated, and handle that has been made of it, it has proved an act that was inhuman, as well as illegal and tyrani- cal. So much for a nullity, ariseing frora a false suggestion, and in two counts. This, I can make no doubt, will be sufficient to interest every free citizen of Pensylvania, to see me righted, and the persons in the unlawfull possesion of my property speedily ousted. I flatter myself it will be convenient for me to return to my native land in the course of the summer. Whatever views I might have had ten or twelve years agoe in returning, of reinstat ing myself again in my former business, no views of that kind will influence me at this time, although very laudable ; nor shall I be led by any of ambition ; offices I shall always be glad to see well filled, but never wish to fill one myself, unless the duty coraes in turn ; I then should be ready to serve (unless desired by others who could serve as well) frora the interest I have in the public wel fare in coramon with others. The principal inducement now, is a desire to live again among old friends in my native country, and if not a citizen ofthe United States, to acquire to the right of one, ( 177 ) and thereby the right of holding freehold property and suflerage. In this (frora long privation) the false attainder has operated cruelly, and in holding but a person to be a traitor who was none. The treaty of peace was no less base, frora the stipulation to recover debts, vir tually forfeited from ruin'd people, and silence, or worse, with res pect to safety, of a numerous body of virtuous sufferers. The still small voice of reason runs in the same way, were it is heard, on this side, it does on y'rs, for peace and good will ; it will defend itself — but never can provoke a war, much less one to its own destruction, like the present. From this circurastance, and the secession ofthe Duke "Tuscany and King Prussia, I expect now it will be heard and attended to, and soon bring about peace with the republick of France, if not, I ara still doubtful of a war with Araerica — however, a very large raajority of disinterested and sober- minded part of the people of this country may be again both. With reraembrances to friends in Philad'a and neighbourhood, I am. With respect. Your real Friend, Matthias Aspden. 114. Matthias Aspden, London, to President, S^c. of Bank North ArKe- rica. London, March 1795. Gentlemen — I wrote near two years agoe to the cashier ofthe Bank of North Araerica, acquainting him, for the inforraation of Directors, that I had sent a Power of Attorney ray half-sister, Mary Harrison, of Philad'a, to act for me touching my affairs there, and at the same time desired, if this authority should give her power over the bal lance of my acc't or deposits entrusted to the care of the Bank, that my plate, which I deliver'd to the care of the Bank myself, might not be subject to it, or deliver'd to any person whatever, without an order for that express purpose in my own hand writing — lest by death or accident it might lost. So much for things laying useless. So rauch for a nullity, and this on three counts. 1st. False sug gestion, being no subject. 2nd. Never joined the Brittish army. 23 ( 178 ) And 3dly, a raerchant. To this letter I never received an answer, perhaps from not being properly address'd ; nor have I from my half-sister, informing rae wether she has received the power I sent her, or wether act herself or any person under her, which has led me to send other powers since ; and am yet, to my surprize and concern, ignorant if I have any attorney in Araerica or not. You will oblige me. upon the recept of this letter, by informing me if my last letter has been received, and the contents complied with ; and likewise in furnishing me with a state of my acc't with the Bank. Should the note I left in the Bank of ray half-brother's, James Hartley, for £254 6 be paid, which, for his sake, I hope it is — be kind enough, if this authority is sufficient, to invest, within (ten or twenty dollars) ofthe ball * * of my acc't in the 3 pr. cts. defer'd stock, and to receive the interest till further advice. To suppose any objection to this, would be to believe the Bank capa ble of takeing the advantage of the situation of a person whose absence, at first, was not from choice, let him have what opinion he raight, nor stay at present, and for same, from inclination. I am, gent'n. Your obed't serv't, Matthias Aspden. The above note is for £254 3. To the President and Directors ofthe Bank of North America, In Philadelphia. P. S. Direct to me at Bath, if not on my return to America, more than probable I shall be there. Leaveing America in the inter regnum, ray rights has been, and are to doubtful to hazard the eraploy m't of a ship in either the Jaraaica or American trade. Respected Friend — 115. Matthias Aspden, London, to T. Morris. London, May 9th, 1795. UnitP^^ ? T '^1°"^*=''^'^"^'^' ^°- 391^' issued frora the 17q1 forf ^r ^^A^'- ''^1^ °I^'^ "^'"^' ('^^'e'^) 29th August 1794, for two thousand nine hundred and eighty-six dollars forty- ( 179 ) nine cents, assignd debt, bearing interest at 3 pr. cent, frora the 1st July, 1794, subject to redemption when ever provision shall be made for the same, &c., with a Power of Attorney for transfering the said stock into ray name, at the proper office, which I request you will be kind enough to get as early done as you can, and advise me thereof, directing to rae as before. From the want of letters from America, and other serious considerations, I am sorry to say I can not inforra you, at present, with any certainty, wether I shall return to America in the course of next m'th or not, as was my intention. Such are the difficulties at this tirae, that present themselves to me on this subject. I ara, D'r Friend, Your obed't serv't, Matthias Aspden. To Mr. Thomas Morris, (Brewer,) Philadelphia. The above put in the bag of the Adriana, for Philadelphia, May 9th, 1795. Attested by Foster, (Notary,) Birchen Lane. 116. Thomas Morris, Philadelphia, to Matthias Aspden, London. Philadelphia, 9 mo. 11, 1795. Respected friend — Thou wilt perhaps think that I have too long delayed to acknow ledge the receipt of thine of May 9th last. I should certainly have written earlier, but for the probability that in the course of the month following that date, thou hadst taken thy passage for this country according to the expectation held out in thy letter. I did hope, that frora my so positively declining to undertake the trans action of thy general concerns in this country, thou wouldst have obliged me so far, as to have committed to other hands any parti cular business, that occurred to be done. The certificate which was inclosed in thy letter I received, and tho' I had deterrained to lay it by in its then situation for thy future order, yet on further consideration, finding that thy interest would be somewhat affected ( 180 ) by a delay of the transfer, I obtained a power of attorney from George Simpson, the present Cashier of the Bank U. S. to John Townsend of New York, who procured a transfer ofthe certificate in the books ofthe treasury ofthe United States there; a certifi cate whereof he lately transmitted to me, and I have at last obtained a final arrangement of the business in the register's office, treasury of the United States here, by a certificate given and recorded in thy name " No. 2473, dated 2d Sept'r 1795, for 2,986 " dollars 49 cents, assumed debt, bearing interest at 3 pr. cent. pr. " annum, frora 1st July 1795 inclusively, payable quarter yearly, " and is transferrable only by appearance in person, or by attorney " at the proper office." Signed by Joseph Nourse, Reg'r. This certificate now waits thy future direction ; but my good friend, as I have particular objections to being employed in this way, I again request that thy business hereafter may be coraraitted to other hands, as I really cannot agree to undertake it, and it raay probably suffer by the delay which must follow its being put under my care. The people of this country have been much agitated under con sideration ofthe treaty not long since negotiated between Britain and America, and frora Georgia to New Hampshire, have published addresses and resolutions in reprobation of it. In point of numbers I have very little doubt that a great majority are against it, and sorne of thera men of understanding and influence ; notwithstanding which our President (as 'ere this reaches thee will be generally known) about the middle of last month put his signature in ratifi cation of it, according to the recomraendation of twenty out of thirty senators. What effect this may have on the future politicks of America, I pretend not to foresee, but am willing to hope the best. I remain thy assured friend, Thos. Morris. Endorsed — Matthias Aspden, Bath. 117. Account by Messrs, Barings of costs of Three per cents. Account ofthe costs of five thousand, three hundred and thirty^ ( 181 ) eight dollars, and sixty eight cents, of American three pr. cent. stock, purchased by order of Messrs. Henry Hoare & Co. for account of Mr. Matthias Aspden of Bath, as follows :r— 1. Certificate No. 8020, dated New York, 23d October, 1795, payable to James BoUand, for dollars 5338 68, a. 4s. 6d. makes . . . £1201 4 Purchased with dividend from the first of October last, a. 52 pr. cent £624 12 06 Deduct one quarter's interest due 1st Jan'y 1796, 9 00 02 £615 12 04 Brokerage on £1201 4s. a. 1. a. i pr. cent. £3 00 00 Commission i pr. cent. £615 12s. 4d. £3 0410 6 01 10 £621 14 02 Errors Excepted. London, 23d Xbre, 1795. John & Fran's Baring o. 9670, dated State of New York, July 31, 1801, for 1800 dolls. No. 2562, and No. .2563, No. 2664, dated state of Pensylvania, Sep. 9, 1801, for 1000 doll's each to transfer into my name, which I request the fav'r of your doing, and to take out other certificates in lieu thereof, in my name to limit of same, in like sums, which I request will you keep safe in your possession untill you either see or hear further from me respecting the same ; intending if ray health is not worse, which is but indifferent, em barking for Araerica in the course of a few weeks ; perhaps as all my old friends raay not be dead, you raay be ask'd if you had un derstood what was my complaint ; I will just mention for informa tion, it is a kind of a diabetes that I been attack'd with from my youth, the effect I believe of want of sleep, particularly since the commencem't of the Araerican war, which seeras rae to have at last to have come a wasting ofthe flesh, and at tiraes have been sorae- what inclin'd to ascribe this want of sleep, the cause I judge of it to the malignancy of some evil disposed person or persons, who can work in this way with evil spirits; although during the time I was in France and Italy, and since my ab't the middle of March, I have slept better for a continuance than I can remember to have slept for this thirty past, which leads me to hope, if can recover flesh, I shall get the better of it, and will be matter for the further exercise of my thoughts. I am sorry another foolish war has broke out, and cannot iraagine from the wisdom of it, in any shape or respect, it can be of any long continuance. I ara. ( 231 ) 169. Matthias Aspden, London, to Messrs. Perigeaux, Paris. London, May 24th, 1803. Gentlemen — Being inform'd yesterday, that the coramunicalion was open again between Calais and Dover, I avail myself of the first mail going, to acknowledge the receipt of y'r letter of the 14th inst't, encloseing me your draft for £18. 10. sterl'g, for 6 months interest, comiss'n, &.c. deducted, on 18000 Livers, 5 pr. ct. Tiers consolid, present am't of debt owing to me in that fund, which I have no doubt at maturity, will be duly paid. I am glad the communication is open again, and sincerely hope it will con tinue, for any cause it appears lo me there is, for the two countries going to war. Surely nothing can be more weak and absurd ; nor any thing more like thumping heads again stone walls. The good offices of a mediator, are often usefull in cases like these ; and I hope the will prove so in this. I am prepareing and about arrangeing my affairs for embarking for Araerica in a few weeks, if my health is not worse, which is but indifferent ; and shall if I go, take an early opportunity on ray arrival there, of adviseing for governra't, and render of services. Wishing you health, and the blessing of peace, I am gentlemen. Your obed't servant, M. A. To Messrs. Perregaux & Co., Bankers, Paris. 170. Matthias Aspden, London, to the President of the Bank ofthe Uni' ted States, London, June let, 1803. Sir— I here enclose you the following certifi(jates for 4800 doll'rs ofthe debt of the United States of Araerica, in the 3 pr. ct. fund, which I .have lately bo't, to wit, No. 9670, dated State of New ( 232 ) York, July 31st, 1801, for eighteen hundred dollars ; No. 2562, No. 2563, No. 2464, dated state of Pensylvania, Sept'r 9, 1601, for one thousand doll'rs each, to transfer into my name, with the power of attorney for that purpose, and to lake out other certificates in lieu thereof to ara't of same, in like sums — which 1 request you will do, and keep Ihem safe in your possession until you either see or hear further frora me rospecting the sarae, as I intend, if my health is not worse, which is but indifferent, embarking for Ame rica in the course of a few weeks; probably as my old friends may not be dead, you may be ask'd it you had understood what was my complaint ; I will just adji, for information, it is a kind of diabetes that i have been aitackM with from my youth, the effect, I believe, a good deal of want of sleep, particularly since the comencement of the American war, and seems to me, at last, lo have come to a wasteing ofthe flesh, and have been at times, inclin'd lo ascribe the cause to the malignancy of some evil disposed person or persons, who can work in this way, with evil spirits — or it raay be, as friends saj', a punishment from above for going from the truth, which I will not dispute with thera at present; during the tirae I was in France and Italy, and since my return to England, ab't the middle of March, I have slept better, for a continuance, than I can remem ber lo have slept for this thirty year past, and leads rae to hope, if I can recover flesh, I shall get the better of it, and will hereafter be a matter for the further exercise of my thoughts. I will be glad, in case I should not go to America, of a line by the first direct conveyance, adviseing me of this debt being trans fer'd into my name, directed to me, the care of Henry Hoare & Co., Bankers, London. I ara sorry another foolish war has broke out, and cannot ima gine from the wisdora of it, in any shape or respect, it can be of any long continuance. I ara. Sir, Your obed't servant, Matthias Aspden. To the President for the Time Being, of the Bank of the United States. ( 233 ) 171. H. Hoare dp Co. London, to Matthias Aspden. Sir— Agreeably to your request, we enclose a letter of credit on Lisbon, for two hundred pounds. We are. Sir, Your most obed. servants, Henry Hoare & Co. (Return'd, not going.) Matthias Aspden, Esq. London, 26th July, 1803. 172. H. Kuhl, Philadelphia, to Matthias Aspden, London. Bank ofthe United States, Sept'r 5th, 1803. Matthias Aspden, Esq., London. Sir — ^Your letters of 1 and 18 June, inclosing certificates for $4800, 3 pr. cent, stock, and for $2800, 8 pr. cent, slock, and powers of attorney authorising transfer of the same into your name, have been received. They have been transmitted to the proper offices to be transferred. As it is your intention to come to America, rerailtance of the future dividends on your stock will be discontinued to be made to London. I am. Sir, Y'r ob. ser't, Henry Kuhl, Ass't Cash'r. Endorsed — Matthias Aspden, Esquire. To the care of Messrs. Henry Hoare & Co., Bankers, London. Pr. packet Townshend. 30 ( 234 ) 173. Henry Hoare 4* Co., London, to Matthias Aspden, Liverpool. Sir — We have received your favor of 17th inst., and are happy to learn that you find in Liverpool convenient sea-bathing. We enclose fifteen pounds in Bank notes, agreeably to your wish. The draft on Mess. De Berdt & Co. has been repeatedly pre sented, without success ; we conceiye the most likely method of bringing your claim on thera to a terraination, would be by putting the affair into the hands of your solicitor, to whora we beg to refer you on the subject, it being quite out of our line of business to enter into it. We are. Sir, Your most obedient serv'ts, Henry Hoare & Co. London, 21st Sept. 1803. Matthias Aspden, Esq., Liverpool. 174. List of Balances due Matthias Aspden, with remarks. List of Ballances includ'g bond debts, ta,ken from my ledger that appear to be owing to me. Priilcipal. Prin. & Inter. 1774, Bonds on, Joseph Wharton's, int. a. 61. Nov'r 3 pr. ct. May 3, 1775, to June 3, 1803, 280 0 0 £751 16 00 1780, Do. John Will'm Miller's, int. from Mar'h Mar'h 28 28th 1780, to June 3d, 1803, a 6l. pr. ct. 22 0 0 51 14 9 1774, Bills and notes on John Whitall's, a Aug. 1 Ball'ce Aug. 1st 1774, to June 3, 1803, a. 61. pr. ct. 14 17 0 25 13 4 1776, Biclet and La Coudre. Hispaniola, Oct'r 15 1 a 6 ( 235 ) 1776, John Pasquier, do. int'st from this date Feb'y 24 to do. a. do. 124 18 0 326 14 9 Do. Do Int'st on ball'ce previous to this date, from Sept'r 1, 1775, to 24th Feb'y, 1776 5 16 11 Do. Sundry persons (acc't of) 53 10 9 1776, William Bradford, for premras. int'st Jan'y 1 from Jan'y 1, 1776, to June, 3, 1803 216 2 6 571 4 9 1775 Estate of Richard Tyson Jan'y 1 4 14 11 Do. William Milnor 2 18 4 1775, Mons'r Barrere (of Hispaniola) June 2 2 10 Jan'y 1 Walter Shee for premras. int. from Jan'y 1, 1776, to June 3, 1803 18 15 3 49 13 3 1776, Mons'r Malinon, Hispaniola, from this Jan'y 1 date to do. 30 0 10 79 14 10 Hugh and George Roberts 4 19 6 1775, Samuel and Thomas Murdoch, int. from Mar'h 1 Ap'll, 1755, to do. 10 5 4 27 10 11 Mar'h Crosbee & Sedgwick, of Antigua, int'st from 1st Ap'll to do. 30 0 0 80 14 3 May Benj. Dunn 1 12 4 May William Pusey, int'st from 1st June, 1775, to 3d June, 1803 9 8 9 26 0 0 Decem. 31 Thomas W. Smith, int'st from this date to do. 56 15 0 150 2 4 May 14th Benjam'n Eyre, int'st from 25th June 1775 to do. 30 0 0 90 5 10 Joseph Shewell, for ball'ce of rent of the house I lived in frora 1st May 1776, to Jan'y 1st, 1782, when seized under the act of attaind'r 372Z. 16 8 inter't due on same, pr. agreem't to 1st Apr'll 1784, 79Z. 15 9 pr. my half brother and attor'y acc't Jas. Hartley, who let him the house, further int'st on the acc't settled from Apr'l 1, 1784, to June 3d 1803 a 61. pr. ct. 520Z. 13 11 452 12 5 973 6 4 ( 236 ) Further Debts from my Ledger, oweing to me, stated as circum stanced. 1776. Jan'y 24 Thomas & Isaac Wharton, for prem'ms 357 18 4i Feb. 8 Cash received of them on acc't 150 Prinp'e Int. & Prin'e Int's on this ball'e from \ this date to June, 3d V 207 18 4i 548 14 10 1803, ) April, Thos. & Isaac Wharton time of a serv't, int's May 1st to do. 10 2 26 8 6 1780, Do. for furniture, at sale Feb. 12 of my household fur niture 24 — 57 4 — 242 00 04i 634 7 4 The follow'g is the entry 1 deemd it proper to make under their acc't in my Ledger, from which it will appear, the above is the true ballance. " Apprehend the cred'l given above, by insurance by my altorn'y James Hartley, for two losses, to wit Q81. on Schoon'r Rebecca, Jno. Lovell, mast'r, Philada. to Madeira for Hen'y Hill, policy dat'd 22 March 1775, said to be missing ; and the other of 145Z. 10, on Sloop Sea Flower, raast'r, Porto Rico to the Havannah and St. Eustatia, for Merideths & Clymer, said to be lost, policy on the latt'r pr. their acc't dat'd May' 4th, 1775 — is erroneous for want of sufficient authority for the forraer, and proof thereof of the latter." 1775, Aug'st. Jaraes Mackenzie &Co., Cowes, ball'ce Ship Charraing Nancy's fr't 6th voyage, int. from 29 Aug. 1775, to 3d June 1803, 191. 18 4j a 166| 32 7 4| 86 15 2 1777, Jan'y 7* Do. For 25 days demurr'ge a il. ste'rg a day of said ship 6 voy'e from the Capt'ns information and their lett'r to me at Bristol of this date, informing rae the ship would been discharged in proper time (to wh'm she was consign'd and cargoe on fr't) but for the accident of some tar, damageing the wheat in the hold, again which * Note. This demand on J. M. & Co., is not included in my list of debts in my claim for losses incurred under the penalty, in my petition of imparlance of the King, sent to the Chancellor in Octob. 1799. ( 237 ) they had retained it, and the ball'ce above of fr't, and appears to me a mistake as there was no tar on board, but perhaps a barrl or piece of a barrl for ship's stores, which if it had got slav'd or leak'd out on the fore peak, could hardly have run thro' the deck or down the fore mast, wedged round and caulk'd water tight ; and therefore appear plain if it was damag'd with tar, il must been damaged before it was put on board ; and which their tak ing no survey to ascertain the daraage, and prove it, fell on ship lo give them a right to retain it further confirms. She arrived at Cowes, from Philad'a pr. Lloyd's list, lhe_23d Ap'll, and return'd back the 28th August tirae enough for their being forty days demurr. due particularly as the were not warranted by the bills of lading, and discharge a part ofthe cargoe al Cowes and send ing the ship to a 2 port, with the remainder Southampton as the did. I have been to South- arapton differ't tiraes, and to Cowes, for the pur pose of seing them, and to get the money, and .call'd upon thera in London, and drawn upon them, and last of all, ab't eighteen months agoe, applied to an attorney to enter an action, but have not been able to succeed, and as the freighters. Wil ling, Morris & Co. are liable over to me as their agent in this respect, of whom I might recoverd could I have gone back on peace being raade in 1782, it appears a fair to debt to claira is, inter'st on same frora 39lh Aug. 1775, to June 3d 1803, exc. 166f £100 166 13 4 444 7 4 1781 May 18th. Joseph Rice of Philad'a cash lent him in London him inter'st from this date to June 3d 1803, £25 sleri. exc. 166| 35 0 0 81 5 9 1780 Oct. 27th. Joseph Harrison, ball'ce from ac- cept'ce and payment of drafts between this date and 29th Jan'y 1787. Int't from May 21, 1784 a 5 pr. ct. to do. on acc't of debts ariseing in Eng land, a 1661, 208Z. 2. 10. 346 18 9 676 19 4 This ball'ce above of Jos'h Harrison's (nephew of the half blood,) arose at first frora a bill he drew on me in fav'r of Sam'l Pleasant for lOOZ. ster'g, of the 11th March 1780, which I was led lo accept from this, and from a power of altorn'y he gave me in 1776, on my comeing to England, then lately corae of age, to settle and receive of an agent in Cumberland who had the ( 238 ) care of a small copyhold estate in that county of 24Z. pr. annum, that had come lo him as heir at law, the rent of which he had not paid to his guardian's (his mother) correspondent in London as directed, for sev eral years past, and which he had refused to acc't to rae untill Octob'r 1780, after, I believe, the receipt of a second power thro' the Lines to sell the estate, &c. ; and from a credit given to his brother, who had come to Amsterdam, 1781, to go into a accompting house; advances again to this brother in London in 1784, when I was useing, and had been, my endeavours to be re stor'd again to my rights and estate in America ; and also from acceptances of his drafts, in the whole, be tween this date and 29th Jan'y 1787, to the am't of 2030Z. sterl'g, and remittances between Decem'r 1783 and the 31st Aug. 1786, to make provision for part of these acceptances, some of which went back protest'd, to the ara't of 1145Z. 19. 6. sterl'g, and kept me more or less in advance to him, who has since proved insol vent, and the money I may say lost, which I am per- swaded would been otherwise if 1 could gone back on the return of peace — and more then probable, I should have saved him from ruin ; which leads me to consider it a fair debt to claim. A note of hand given at 3 months by my half brother and altorn'y Jaraes Hartley, Decem. 6th 1791, for 254Z. 3, the ball'ce of his acc't ariseing from my leave ing my affairs in hands upon my comeing to England in 1776, which I am persuaded would been otherwise if could have return'd on peace being made, and lays at this time al the Bank of North America, in Philad'a, I understand unpaid the last acc't. He died in Octob'r, 1801, in what circurastance I do not know, if in insol vent, and this money should be lost, this then I should consider a just debt to claim, and with interest upon it to June 3d 1803, amount to £423 1 3 £2189 10 9 5133 19 4 Note. This list of debts was made out to lay before the com- missioners sitting under the late convention with the United States of America, lo know, as the commissioners for the clairas of American loyalists, had not allowed his claim of debts, from their being recoverable they said under the treaty, if they could give hira relief in the premises ; that he might in the first place give infor mation thereof at the Chancellor's office. As part of these debts are included in the list sent to him in his claim on the Crown for ( 239 ) losses incurred under the penalty, wilh a petition of irapariance of the King, that he might deduct from the sarae what these commis sioners might allow, if his claim was admitted, if not (in the 2d to receive it himself.) Endorsed— List of Ball'ce oweing to M. A. to lay before the commissioners appointed to liquidate the debt of claimants under the convention with America— if entitled to relief under the same. 175. Matthias Aspden to the President of the Bank of the United States. London, January 12th, 1804. Sir — I have been duly favour'd pr the Townsend packet, with Mr. Henry Khul, assis't cashier of the bank's letter to me of the 5th Septemb'r last, acknowledgeing the receipt of my letters of lh6 1st and 18th June last, enclosing certificates for 4800 doll'rs, 3 pr cts. and 2800 doll'rs, 8 pr cts. of the funded debt of the United States, and adviseing me the same had been sent forw'rd to the proper offices to be transfer'd into my name ; and also since, du plicate by the Monticello, bringing papers as late I have seen as the 7th Novemb'r, but no mention made therein of the numbers of the certificates issued in leiw of the others, as requested, or of the needfuil being done. Conclude it has, or should have been advised to the contra'y ; however, it may escap'd recollection adviseing me of the numbers. In expectation of this soon, I here enclose you certificates for 2700 doll'rs, 8 pr ct. more, to be transfer'd into my name, with the powers of attorney for that purpose, to wit. No. 1(), 400 doll'rs. No. 880, 400 doll'rs. No. 1483, 100. No. 1061, 400. No. 1061, 400, and 1346 for 1000 doll's, which request the fav'r of your doing, and encloseing me pr a neutral vessell comeing, 2 certificates for 1000 doll'rs each, and another for 700 doll's, in leiw thereof, with the certificates of the stock advised of above, together with that in the hands of Mr. Thora's Morris, requested under date of Decemb'r 28th, 1801, for 2986 49-100 doll's, in liew of No. 3917, for that sum, directing to me, to the care of Henry Hoare & Co, Bankers, London, as it may happen I may ( 240 ) not embark for America these very extraordinary and hazardous times, as I propose in the spring. I ara. Sir, Your obed. servant, Matthias Aspden. To the President for the time being of the Bank of the United Slates, in Philadelphia. 176. Perregaux, Paris, to Matthias Aspden. Paris, 30th April, 1804. Sir — Having received the six months' dividend, due the 22 March last, on your «ine hundred francs rent per annum in the 5 pr ct. consols of this country. From the araount of it Fs.450 We deduct, Cora'n, and the receiver's fees, 9 Starap receipt, 1 Postage of letters 3 — 13 And for the ballance Fs.437 at the exchange of 24-90, we have this day reraitted to Mess'rs Henry Hoare & Co., for your account, our bill of the same date for £17 11, on Mess'rs Ransora, Morland & Co., by which your ac count with us is thus far ballanced. We have the honour to be Sir, Your most obed., and Most hum. Servants, Perregaux. Mathias Aspden, Esq. Bill reraitt'd to H'y Hoare & Co. from Perregaux & Co. dated Paris, Nov. 2, 1804, at 1 mo., due 5th Decem. £17 12, for 1-2 y's divid'd on 18000 Liv'rs, 5 pr ct. in the Tiers Consuls. Exch'e 24 75 Endorsed — Mathias Aspden, Esqr. ( 341 ) 177. Matthias Aspden to the President of the Bank of the United States. London, July 26th, 1804. Sir— I have duly received the assis't cashier of the bank, Mr. Henry Kuhl's lett'r of the 5th Sept'r, 1803, acknowledgeing the receipt of raine ofthe 1st and 18th June, 1803, encloseing certif'ls for 4800 dol'rs, 3 pr cts. and 2800 dol'rs, 8 pr cts., with powers of attorney, authorising the transfer into my narae, and also his lett'r of the 20th April, 1804, and duplic'te, encloseing me certif'ts for 4800 dol'rs, 3 pr cts., and 2800 dol'rs, 8 pr cts., in leiw of those forwarded you under the dates above, and for 1900 dol'rs in leiw of part of 2700 dol'rs, 8 pr cts., forwarded you the 12th Jan'y last, further adviseing me the remaining sura of 800 dol'rs will be forwarded me as soon as received from the proper offices ; this, as sorae tirae has elapsed, I am rather anxiously waiting the receipt, particularly as I ara now belter in health then I have been, and pretty well arranged my affairs for a voyage to America, and have raention'd as much upon 'Change, and in other places, significantly enough — had the mast'rs of any of the vessells going, corae a little forward, to know if I had any commands, or was desirous, or any of my friends, of going to their part of the world, which would be some little enoouragem't to venture, after the disrespct- full and inhumane treatment I have experienced in crossing the Atlantic. As it cannot be conceived old owners like to force them selves, or to show an eagerness to risk their lives, and quit a cli mate like this, that they have been accustora'd too, for raore then seven and twenty year, not knowing how soon the weight of affairs may require their presence back again, and this without a tooth in their head they can crack a biscuit with ; as it raight be fatal, should they happen to meet with the passage I have once done, of being al a quart of water a day for near seven weeks, and seeing the people sucking it out of the bottle, thro' a quill in the cork ; and with this recollection of the matter, that what is, is, and what has been, may be, it w'd make thera pause, before they coraraitted themselves to go with they know not whom, and scarcely know not where, or who is a going. I can only say, 1 ara pretty well ready, but not very eager, as limes are. I have lately been inform'd al Messrs. Baring & Co., that the bank had advised them that they had not reraitted the divid'ds on my slock, from my haveing wrote thera I was coraeing over to Araerica. This was ray serious intention, pr some of the neutral 31 ( 242 ) or half-neutral vessels going last summer, nor is my mind alter'd ; and bad fully determin'd to go in the August pack't, haveing pro vided for the purpose, and my trunk pack'd up to send off, the day I went to the India House, to sign a power of attorney, agreeable to instructions I had given, where I was inform'd some objections had arose to it, (frivolous) that they could not do it ; this occasion'd some delay, that made il rather late, and with sorae other conside rations weighing, led rae to give it up. What I have already men tion'd in this letter on the subject, the bank will please to note ; and least I sh'd not meet with an inviteing oppertunity, direct or laterally, for embarking, as the sumraer is advanceing, 1 request the bank, on the receipt of this, will lay out the am't of my divid'ds to the Ist of this raonth, in the 3 pr cts., if to be bo't at 50 ; if not, in either the Louisiana or the 8 pr ct. stock, as raay be the cheapest, and send rae the certif'ts for the sarae to the caie of Messrs Henry Hoare & Co., Bankers, London, advising of cost, and chargeing ray acc't wilh the sarae. My disappointment al the India House made me regret that I had not bo't America slock instead of India, and certainly should have done, had not I been discouraged, frora the deductions to my divid'ds, on acc't of bills return'd. On those alone to the 1st Oct'r 1799, there is due rae at this tirae, £55 6 10 for bills return'd ; nor can I avoid observeing, the charges on the last certificates sent rae, herein raention'd, came high, haveing paid to Mr. Robert Robson, £4 1 6, includeing his and the bank's charge ; wish'd a note of particulars for governm't had been furnish'd rae. Could it been foreseen, when I carae to England in 1792, I should have continued here so long, I should been glad to have made a tender of my services lo the Presid't and Congress in the diplomatique way, flattering myself I should neither been incorap'- tent to the task, nor unworthy the trust ; and ara inclin'd to think I could have render'd my country services. It would found one advantage in it, from my circumstan's in Europe, I should have stood in little need ofthe fav'r of credits, and those very good. At Naples it appear'd to rae they had no idea the best cotton that carae lo Europe, carae from Georgia, perhaps from to good an opinion ofthe little raatter they raise in the neighbourhood. I have a notion I have a right lo a house in Coomb's alley, if not to other interests in or near Philadelphia, as residuary legatee to my father's estate, or his heir — if the will was a nullity. Thuraping heads again stone walls goes on ; hope their eyes will be open to the folly of it soon, if to no other idea of il. I am, Sir, Your obed't Servant, Matthias Aspden. To the President for the tirae being, of the Bank of the United States, Philadelphia- ( 343 ) I have just understood, not adverting to it, the want of a stamp to my petition * * imparlance to the chancellor of the King, &c., sent to him as advised thro' his secret'y, in Oct'r 1799 re * * a claim of debt on the Crown for losses incurr'd under the penalty — has been fatal to it. Let them— with the Lord at ray right hand, 1 hope, and shall endeavour to keep him — take this advantage of a stranger, if they will (without notice) as its awkward to go a beg ging with cases. I have another matter between myself and an indidvidual ofthe j'ear 1775, were both counsel and different attorneys differ with me in opinion wilh respect to remedy. Setting up the plea of tirae, in face of the treaty of peace, and evidence of the debt — rather of a qui tara. nature, as it respects the ball'ce of a ship's freight, with the deraurage retain'd, said on acc't of an "accident of sorae far," (from a bar'l or pecie of a bar'l ship's stores,) damageing the wheat in the hold, without authority taken to shew for it, and a deviation in the voyage, makeing two ports of discharge instead of one — Cowes and Southampton — principal cause of ship's detention, and frora the event of things, singularly fatal to rae ; nor can I be charged wilh neglect, particularly as there was deceit in the case. Allowing full lay days, and six more to ballast, the ship might been in six weeks sooner, and had eight weeks passage within one day. (She arrived at Cowes, pr Lloyd's list, the 23d of April, and back at Philadelphia the 28th Aug't.) Endorsed — To the President, for the Time Being, of the Bank of the United States, in Philadelphia. Pigou. 178. Matthias Aspden, London, to James Hartley, Jun'r, Haddonfield. London, August 7th, 1804. Dear Nephew — I should have been as good as my word when I wrote froin Italy in Octob'r, 1803, and wrote you sooner, had I not proposed ( 244 ) from time to tirae on ray return to England the March follow'g, to erabark for America in the course pf the sumraer, and had fully fix'd goeing in the Aug't packet, finding but little encouragem't by' neutral or half neutral vessells, and had provided accordingly, and my trunk pack'd up to send away the day I went lo the India house to execute a power agreeable to instruct'ns I had given for that purpose, when they told me some objections was made to it, (friv olous and ridiculous,) that it could not be done ; which occasion'd sorae delay that raade it rather late, and other considerations weighing, led rae to give il up ; ray trunk continues notwithstand ing, unpack'd; and has been laying at my bankers since Jan'y, ready for embarking, which I was in hopes of before this, and should as I made both my readiness and inclination publickly enough known, had any ofthe mast'rs going by enquireing if I had any comands for their part of their world, give me a little encour agem't to venture, as I have nothing now under all the circum stances of the case, to make me very eager ; long accustora'd to this healthy climate, considerable affairs here that deraand my frequ't attentions, and raay call again fi)r my return ; loss of teeth, added to the barbarous and disrespectfull treatm't I have raet with, (and a benefactor,) in crossing the Atlantic, will sufficiently shew. Could the things that have happen'd since I left America, been foreseen, I certainly sh'd staid where I was, and not unlikely, it sorae how strikes me, if I had but there might been more of peace then war. The weather proveing bad at Leghorn, that I could not go by water in the open boats lo Genoa, I return'd thro' Parma to Turin, and crossing the Alps, had like to have perish'd from a heavy fall of snow, as we ascended Mount Cenis near dark, and becarae so deep, with what had fell before, as lo cause the mules to lay down twice; the 2d lime luckely near the lop, we were obliged to unload thera, and leave the things, except my portmanteaw, that I drag'd to a house not far off, where they had heard us, and shew'd a light, that was finishing or repairing when I cross'd, and appear'd to rae had becorae inhabited since ; otherwise if this had not been the case, or our mules had laid down a little lower down, the conse quences might been fatal ; and bro't to my recollection at the tirae, which I observ'd to one of the compan'y, the raelancholy perishing of a great part of tlie army of Julius Caesar or Hannibal, crossing the Julian Alps, a pass not so dangerous this. At this house we staid all night, and the next morn'g set out over an untracl road, directed by the guide post, ab't two mile or better to where the Alps de scend quick, and came down in ab't twenty minutes, and on reach ing Lyons, as the roads were very bad, after four days stay, went down the Rhone to Avignion, takeing a bottle of the famous Her mitage al dinner, al a place near its growth, in our way down. At this place (Avginion) saw a good many Philadelphia looking faces. ( 245 ) and relations I ara pretty sure, of Anna, that raany years agoe lived with my aunt Bailey, who had a claim, poor woman, on the privy purse, on more acct's then one, and no doubt something suitable w'd been allowed her, had sorae ofthe fine fellows here ab't the Court, who knew her then in her better days, and her faraily in this country, prefer'd her claira for her. Anna afterwards raarried and lived at Evesham ; am inclin'd lo think I also met in Italy, old Conrad, that lived with her ab't the sarae tirae, and used to carry rae to school on pillow before hira, or a cousin of his, at Naples ; I have some notion I met wilh relations of John Gill; also at a Convent on Mount St. Elmo, an Inskeep in the habit of a Friar ; al Padua a Cox, with some New England long faces; on the way lo Rorae, a Lipencot ; and at this place, relations of ray neighbour, the razor- grinder's wife, who pass'd for Gerraans ; al Fat Bologna, relations I conclude of his next door neighbour's wife,-(Steph'n Shewell,) if he is not himself a Welchman frora that quarter ; ofthe Lawrences at Creraona, and Milan and Turin, some old Philadelphia and New York faces, that probably pass'd there for very good Welchman and Dutchman, not forgetting from his face at Blois in France, a relation I ara pretty sure of Abrah'm Liddon's wife, and so on, &c. my tour through. I have seen nobody these several years past from Philad'a or your parts, to have any conversation with thera ; such is their kind ness when they come to this part of the world, that I am ignorant how you are, and how you and yr cousins, and yr and thejr neph ews and nieces are doing — I hope well, and that you and they look to yourselves for this, as rauch as you can by an orderly conduct, and sober endeavour — having the word of the promise, that these do not fail in that respect. It was not so much on acc't of my cir cumstances, as my being known to be a youth of integrity, that led friends in the West Indias, in their consign m'ts, to place the con fidence in me they did. The weight and price in the sales I ren der'd, agreeing with the price and weight in my books, and those with the weights al the public scales — the same with respect lo gage and measure, and my books evidence. The considerable sura in stock I hold, shews both the confidence and interest I have in the American governra't and welfare ofthe country, and gives you and other ray relations a claim to such places, as you and they can fill wilh propriety, and on acc't of your or their health or circumstances you might stand in need, which I hope will not be forgot. I propose towards the end of the month, if nothing sh d occur lo hinder me, trying the warm baths at Buxton, not a great way from Liverpool, which I hope, as my health is better then it was, will tend lo perfect it. ¦ i . Below is an Epitaph that will do for yr uncle Jaraes, ray late unnatural half-brother, if there sh'd be none on his torab-stone, and ( 246 ) I am afraid for too many others in the world and gone. With my kind remembrances to all friend and relations with you liveing, I am yours affectiont'y, Matthias Aspden. Call me not to strict account How I have lived here. For then I know, right well, O Lord, Most vile, I shall appear. Mercy Lord, I ask. This is the total sum — Mercy Lord, is all my suit. Oh, let thy mercy come. I have sorae idea as ray father's residuary legatee, I have a house left rae in Coomb's alley, formerly his stable, when he lived in Mar ket street ; and also a water lot in Philadelphia, down town, if not to other interests in Pennsylvania. I hope Thomas Redman is sensible by this lime, I sold my estate at Haddonfield to him a minor^-and certainly that, not knowing it myself. Endorsed — Mr. James Hartley, Haddonfield, State of New Jer sey. Active. 179. Matthias Aspden, to Robson dp Gill, London. Mr. Aspden's complira'ts lo Messrs. Robson & Gill ; wish'd to give them furth'r time to consider of the matl'r referr'd to them, he did not call again yesterday ; and -has to reraark if it is worth 2 if not 3 pr. ct. to insure or guaranty 8 pr. ct. for a twelve month, firee from any loss in the remitt'ce of il, or bare chance — what is the value of the stock here, that does not pay raore than 5 or 6 pr. ct. inst't, clearly not raore then 70 or 80 pr. ct. to a holder in England, yet I am charg'd at the rate of 106 for it, without the divid. say 108 or more. But giving this 2 if not 3 pr. ct. cannot ( 247 ) To trV-S — ' "^~ 'reS^h^^^^^ 80 or 40 pr. ct. in strictness to holders in iSn^Zand-and therefoJe to give the price that I have done for this slock, appears a gross oXint't' liJ^'t: Ll: ''' '--'- '" '^ ^'-^- '^« -^ As this was Dutch stock, and the int. raost likely paid in Hol land, It IS a matter of enquiry to know if there w'd beany risk run, as a general thing, in the market. ^ i"«.iuu. To make, it of this value it must charge the Bank with scanda lous neglect— say the prem'm. ov.a«ua Orange Str. No. 5 Red Lyon Sq're, ) Thursday, Novem'r 15, 1804. ( Endorsed— Messrs. Robson & Gill, Change Alley, Cornhill. 180. Thomas Morris, Philadelphia, to Matthias Aspden, London. Philadelphia, 9th mo. 16th 1805. Respected Friend, Matthias Aspden : — Thy letter dated " London, July 8th, 1805" came to hand the 4th inst. in my absence from horae, on an excursion to the sea side, for the benefit of ray health. I have this day in conforraity with thy directions, deposited in the Bank of the United States, the certificate belonging to thee which was in my possession, and for which I have taken a receipt, a copy whereof follows : — " Bank ofthe United States, September 15th, 1805. Received " from Thomas Morris, Esq. a certificate. No. 2473, dated 2nd "Septem'r, 1795, for twenty-nine hundred and eighty-six dollars, " and forty-nine cents, three pr. cent, slock, assuraed debt, in favour " of, and at the credit of Matthias Aspden, formerly ofthe city of "Philadelphia, merchant, &c. &c. agreeably to his letter to the "Bank ofthe United States, dat. 8 July, 1805. " Henry Kuhl, " Ass. Cash'r." ( 248 ) The expence incurr'd in procuring the transfer, brokerage, post'dge, &c. «Sz;c. 1 leave, being glad to be divested of further care in this concern, which thou knowest I engaged in with reluctance, and only because I believed that returning the business unfinished lo thee, in the first instance, would have deprived thee ofthe right to interest on the certificate until it could be done by another, which would have required considerable time. Having many years since resigned my brewing business to my sons, and much withdrawn myself from the cares and fatigues of very active life, I have had but little knowledge of thy brother Hartley's afiairs ; yet if I rightly reraember, Peter Thomson, and Rees Brooke, were his executors, to them I would recomraend thee for inforraation on the particulars alluded to in thy letter. I am sorry to inforra thee that an epideraick disease, thought to be iraported frora the West Indies, is now raging in the district of Southwark, and raay not iraprobably be convey'd into the city, by the very imprudent intercourse kept up between us. This fatal disorder I ara afraid will not cease lo be frequently known in our principal seaports, as long as the war is continued in the West Indies. New York is at this raomenl, also, very severely suffering from its ravages, tho' most ofthe inhabitants have fled. Our city is as yet favour'd to be much exempt ftom it, tho' some cases have been brought from the district, yet in no instance that I have heard of, has the disease been coramunicaled in the city from the sick lo the well. Wilh best wishes for thy welfare, I reraain affectionately. Thy Friend, Thos. Morris. Endorsed— Matthias Aspden— To the care of Hoare & Co., Bankers, in London. 181. Henry Hoare dp Co., London, to Matthias Aspden. Sir — We have received your letter, containing one addressed to the India Company, which shall be forwarded ; but we beg leave ( 249 ) to observe that the tax was not inadvertently paid by us, but deducted, by order ofthe directors, from the dividend. We are. Sir, Your most obed't serv'ts, Henry Hoare & Co. ,. , London, 13 Dec'r, 1805. Matt's Aspden, Esq're. 182. Dan'l Clymer, Lancaster, to Matthias Aspden. My dear old Friend — You address to me at Lancaster. I live down in Berks, in the township of CEernarvon, adjoining Morgan town. I know your hard treatment ; I am cofident, as you are entitled to, you will have jus tice done you. Corae over in the spring ; if you call on rae I will put you in train for gaining your rights. Iraraediately, this day, the moraent I opened and read your letter, I call'd on Governor McKean, he lives here, the seat of government of Pennsylvania, and communicated its contents to hira ; as he drew the act of attainder in 1777, he will, I ara sure, as the Chief Magistrate of Pennsylva nia, attend to your case. I do not practise the law, having retired frora business, and the world, I raay say, for 4 years. I will assist you, as being thoroughly convinced, from the present temper of the tiraes, that justice will dealt out, and that too, liberally. Wish ing I happy, and success to your native country, is the sincere wish of your old friend and corapanion, Dan'l Clymer. Lancaster, Jan'y 31st, 1806. Should I not be in Philad'a on your arrival there, ray request is you call on my friend Edward Tilghman, Esq. counsellor at law, (Mr. Chew's son-in-law ;) he is, I think, as able a lawyer as any in Araerica to attend to your claim — he is a gentleman, I know hira lo be honest; he will assist you, and that too without extor tion. Do give ray love to my friend Mr. Wm. Cobetl and Mrs. Cob- bett. Mr. Matthias Aspden. 32 ( 250 ) 183. Henry Hoare dp Co. to Matthias Aspden. Sir — We are favor'd with your letter of yesterday containing the enclosed certificate, which we return, as it will not serve the pur pose for which you intended it, as the dividend on your East India stock was paid on the 9 inst., after deducting the properly tax ; the only method lo be pursued towards recovering the same is by making an appeal to the Coraraissioners acting under your district. We arc, Sir, Your raost obedient servants, Henry Hoare & Co. London, W July, 1806. Enclosed is a letter which we have rec'd for you. Matthias Aspden, Esq. 184. Matthias Aspden, London, to the President of the Bank of the Uni ted States. London, July 21st, 1806. Sir — These are to acknowledge the receipt of Mr. Henry Kuhl, assis't cashier's, lett'r ofthe 10th of June last, adviseing me ofthe receipt of mine of 8th July, 3lst Decera'r, and 13th Jan'y, with certif'ts for 2000 d'ls 8 pr. cts., which had been transfer'd, and certif'ts in my narae, of the following description, (without saying the were 8 pr. c'ts.) had been issued, and will remain in Bank as desir'd, subject to my order. Viz. No. 601 and 602, dated 22d May, 1806, for 1000 dls. each, inter'st from Ist April last, and are enter'd in the Loan Office of Pensylvan'a. Charges on the same 8 dls. 17 cts., which the Bank will charge to ray acc't, and can conclude they have. As the Bank perseveres in being restricted to forra, and that evi- ( 251 ) dence does not supersede it at the Loan Office, I here enclose the Bank the power (pro forma,) it appears they are inforra'd they want, rauch regreting I am to be the sufferer from the disappointraent, it seems to be I am — and the Banks not being at liberty lo purchase slock, it does not say Bank shares, I shall, therefore, * nclude the request of my last letter ofthe 21st June on this head will be cora- plied with — if it cannot, I must send a power lo some friend to receive my divid'ds, should I not corae over rayself or draw on the Bank in favor of some person or persons here or in Araerica. A master of a ship up for Boston, for whom I left ray address, call'd upon me within this fortnight, (or 3 weeks,) and had the modesty to ask me 50 gin's for my passage ; three players going in the cabin and three in the steerage ; as he appeared to me consti tuted more of spirit than flesh, not unlikely I might been serv'd as I was when I embark'd some years agoe at Bristol for Charleston. I ara, Sir, Your obed't servant, Matthias Aspden. To the Presid't, for the Tirae Being, of the Bank of the Unit'd States. N. B. I can conclude for the Bank security Batard & Co. and Baring & Co. have sent ray receipts for the divid's paid rae on Bank shares, and stock rerait'd lo thera on my acc't. I have to remark to the Bank here, that the cost of the transfer of this stock in Araerica coraes high, £l 16 10 sterl'g. They last sent out on acc't by, J. Camerford, 3000 dls., in the sarae narae and same office, (New York,) cost in Araerica lis. steriing, exclu sive of posl'ge to England— and shews there must be sorae mis take, if there is a rule in chargeing, particularly one of the corap'y. M. A. (Copy, except " or 8 wks." here interlin'd. Original, pr. the Ehza Ann.) ( 252 ) 18,5. Matthias Aspden, London, to President of the Bank of the United States. London, Sept'r 16th, 1806. Sir — I here enclose you two certif'ts for five shares in the Bank of the United States, issued lo Tiraothy Turland, under the seal of the Bank, (lo wit,) No. 36477, for three shares, and No. 36479, for two shares, to transfer into my name, and to receive other cer tif'ts in leiw thereof, together with a power of atlorn'y for that pur pose, frora the executors of the said Tiraothy Turland, deceased. I request the Bank will hold the same, in their safe keeping, with ray certif 'I for funded debt, in their possesion, untill ray further order. I ara sorry to learn the yellow fever has again raade its appear ance with great violence, so much so, that I understand the desti nation of vessels at Liverpool, for New York, has been alter'd. I cant say I much regret I did not erabark from thence last Sept. for Philad'a or New York, although I was lo'th lo give il up ; but I much regret, instead of going lo Bath last Feb'y, I did not embark for America in one of the early spring ships, as I certainly should had I been encouraged by any of the Capt'ns wailing on me to know if I had any comraands, or any intention of going that way myself, and wailed in town purposely. I may add, I have special reasons to regret it, for causes I had no suspicion of then, lo wit, the State breaking faith with its creditors, and mulcting them 10 pr. ct. out of their divid's at the Bank, and in makeing a distinction with out a difference in exempting foreigners abroad, and mulcting those that happen to be in England. I call it mulcting, because taxes are always coUect'd under pains or penalties. Sufficient may be con cluded from this, with respect to my stay in England, without my adding further. I have received, pr. the pack't, Mr. H'y Kuhl, assis't cashier, duplicate of bis last, of the 10th June ; apprehend there was no neu tral conveyance offering, as this would been more certain, and less expensive, a matter he will see the propriety of attend'g to — if you ( 253 ) will please to inform him, I am not favor'd in the price of slock or any thing else, as far as I can judge. I am, Sir, Your obed't servant, Matthias Aspden. To the Presid't, for the Time Being, of the Bank of the United States, Philadelphia. (Copy.) Endorsed — To the President, for the Time Being, of the Bank of the United States, in Philadelphia. Pr. the Thoraas, via Nor folk. 186. H. Hoare dp Co., to Matthias Aspden, London. Sir — In answer to your favor of this date, we can only repeat that we are sorry it is not in our power to prevent the East India Corapany from deducting the property tax on your dividend due the 10 cur't. As you do not consider yourself liable to this duty, it is advisable that you lay your case before the Comraissioners acting for the various purposes of the tax, in your own district. We are. Sir, Your raost obedient serv'ts, Henry Hoare & Co. London, 4 Octoher, 1806. Matthias Aspden, Esq., Orange street. ( 254 ) 287. J. Watkins, to Matthias Aspden. Office for Taxes, October 22d 1806. i Sir — I have laid your claim to exemption before the corarais sioners for special purposes, who have directed me to inforra, that the act does not authorise thera to grant exeraption frora the duty on behalf of any person resident in the dominions of his Majesty. I am. Sir, Your most obed't serv't, J. Watkins, ForM. Winter. By order ofthe Special Comm'rs. Matthias Aspden, Esq. 188. J. Watkins to Matthias Aspden. Office for Taxes, 1 Nov. 21st 1806. < Sir — I ara directed to return yoU the enclosed claim, and to in form you the Special Coraraissioners are not authorized to grant exeraplion on behalf of any foreigner residing in British dominions. I ara. Sir, Your most obed't serv't, J. Watkins, For M. Winter. By order of the Special Comm'rs. ( 255 ) 189. Matthias Aspden, London, to President Bank United States. Liverpool, June 5th 1807. Sir — I wrote you from London in Jan'y, pr. the London packet, which I am glad lo see by Lloyd's list is safe arrived ; and since have been in daily expectation of hearing from the Bank, and ofthe eyes and understanding ofthe same being open to the justice and propriety of my request in that and former letters, on the sub ject ofthe Bank buying, thro' the agent that buys their bills to remit to Europe, the am't of my ball'ce in its hands, in the stock desired, and keeping the certif'ls for the sarae, untill rny further order. There being no vessell going frora London to Philad'a, and raany going frora hence for thence, and other ports in the Unit'd States, I carae down here, three weeks agoe or better, in hopes of being in tirae for the Abeona for Philad'a, but was a day or two late. I should have erabark'd last week in a ship for New York, belong ing to some friends there, if I had not been delay'd in engageing my passage, thro' wailing to see the capt'n of a stout ship up for Boston, and which I believe I may safely conclude, was because she was not really going direct lo the place she was up for ; as was the case I got to learn of another, that I had first thought of going in. Most probably if the gout or gravel or sorae other cause does not hinder me, I shall embark in the packet Scot, for Boston, to sail the latter end of the raonth, a station'd copper bottora ship, well laid out for passengers ; which leads me lo write to the Bank as a cheque of security if of no other use, to inform the same 1 bo't before I left town, two shares by certificate, lo wit, No. 26607, (in the stock of our comp'y, or in other words,) in the capital or joint stock of the Presid't Direct'rs and Corap'y of the Bank ol the Unit'd States of America, in Philadelphia, standing in the name ot PrisciUa Bevan, of Highbury Terrace, spinster, the blanks filled up empowering the presid't, on receipt to transfer the same >nto my name, which I shall bring with me, or forward for the needfuil, if I should not embark as proposed. I am. Sir, Your obed't servant, Matthias Aspden. To the Presid. ofthe Bank ofthe Unit'd States of America. ( 256 ) P. S. Il is unpleasant lo me, a water drinker and an owner, to be ask'd a double price for my passage, which appears to rae is, and has been the case, frora the passengers going. Il is neither just, safe nor lawfull ; there should be one price for the cabin to mit generally, and that should be kept to ; and one for the steerage. Properly there wants sorae regulation by law, in ships up for freight and passengers, raleing the terms in cabin and steerage, and "sura allowed for stores out of il, for those that go in the former, that both extortion and imposition might be avoided. Or guarded again. Endorsed — To the President for the Tirae Being of the Bank of the United States, in Philadelphia. Pr. the Commerce, via New York. 190. H. Hoare dp Co. to Matthias Aspden, Liverpool. London, 30 May, 1807. (Copy.) Sir — Agreeably to your request, we enclose a ten pound bank note, and have requested Messrs. Hey wood & Sons to honor your bills if necessary for three hundred pounds. We have not received any raoney on your account since you left London, neither have the Coraraissioners of the property tax sent us your certificate. We are, Sir, &c. &c. Sir — The preceding is the copy of our letter addressed to you, Liverpool, in which we enclosed a ten pound bank note, conforraably to your orders ; we are much surprized to find by your letter of the 4th inst. that it has not been deliverd lo you. In pursuance of your further directions we now enclose a bank note for five pounds, and shall hope to hear pr. return of the post that you received it as well as the former £10. We are. Sir, Your most obedient servants, Henry Hoare & Co. London, 6 June, 1807. £5 enclosed. ( 257 ) in^alai'n\'h'?>'!!^^'"'fl'° «'°P Payment ofthe £10 note, onhear- °M^.!u" .' '' ^^^ "°* '"'^» delivered to you. Matthias Aspden, Esq. ^ Liverpool. 191. H. Hoare ^ Co. London, to Matthias Aspden, Liverpool. Sir— We are favord with your letter and agreeably to your direc tions enclose a bank note for five pounds, and will apply to the Alien Office for the purpose of obtaining the passport you desire. The dividends on bank shares (American) are now in course of payraent ; we cannot receive your's, as we do not appear to have a power of attorney frora you to authorize it. We are. Sir, Your most obedient servants, Henry Hoare & Co. London, 27 July, 1807. It is expected that a war will immediately take place between this country and the United States. Mat's Aspden, Esq. Liverpool. 192. H. Hoare df Co., London, to Matthias Aspden, Liverpool. Sir — We wrote to you yesterday, enclosing a five pound Bank note, conformably to your desire, and have this day applied at the Alien Office, to procure the passport, towards enabling you to pro ceed to America, but without succeeding. They informed us, that they could only grant it to you, on your appearing in person ; and 33 ( 258 ) in the present situation of affairs, it seems adviseable that you lose no tirae in coraing up to town, on this business. We are. Sir, Your raost obedient servants, Henry Hoare & Co. London, 28 July, 1807. Mat's Aspden, Esq. Liverpool. To the care of Messrs. Arth'r Hey wood & Co. 193. Matthias Aspden, Liverpool, to President Bank of United States. Liverpool, July 31, 1807. Sir — I ara sorry to lake up ray pen to inform you of an unplea sant disappoinlra't lo me, in not being at liberty lo proceed in the Ganges for Philad'a, on board of which I had taken my passage in the cabbin ; and on the 23d inst't paid the Capt'n £30, the day the ship hauld out of dock, defering it as long as I could, frora the daily apprehension of an erabargo, in which it appears I have not been mistaken, from its taken place that very day in London, and, here two days after ; this however is not the cause of my disap poinlra't, but the rigidness of office here, in the alien departra't, in not thinking the passport given me at Dover on ray arrival there from the continent the 16th March, 1803, under a forraer Alien Bill, sufficient under the present, for granting a licence to erabark, which I produced there, the next day after paying the Capt'n, hav ing no suspicion, the 24lh, and was all I had to do, the office inforra'd rae at Dover, for that purpose, when ab't to embark again, in which I think they were right, as I knew nothing of any new Alien Bill that had pass'd, that had raade any alteration in the forraer or had heard of any, buried alive in London as it were, and indisposed — and if I had, it does not appear to rae as I landed in England before its passing (and might not under the conditions of it) that I was bound to take any notice of it, or the office here either — on this ground I told the Capt'n I w'd venture lo risk the issue, and what was the penalty, if he on his part w'd venture to take rae, which declining, he has paid rae back the money I paid hira ; and am almost sorry since, I had not proposed at the tirae, inderanifying him on this head, as it is so unjuslifyable thing, in being at any rate ( 259 ) a mere matter of form ; and as I cannot wave the right of egress and ingress, as a large public creditor, and suffering to here merely from being there, and may be in America— if the Bank has not done with respect to the receipts of mine, as requested in former letters. The office here being peremptory, I wrote pr. the ensueing post, the 25th, as they instructed rae, to Hen'y Hoare & Co. London, to apply at the Alien office there, for a licence to grant a passport here to erabark, and in answer received the follow'g letter. " We wrote to you yesterday, the 27lh, incloseing a five pound bank note, conforraably lo yr desire, and have this day applied at the Alien office to procure the passport, towards enabling you to proceed to America, but without succeeding. They inform'd us, that they could only grant it to you, on your appearing in person ; and in the present situation of affairs, it seems adviseable that you lose no time in coraeing up to town on this business." For the latter, what the poscript adds to their letter of the day before, may be sorae reason — " It is expected that a war will immediately lake place between this country and the United States." Alludeing to the account just receiv'd, of the unhappy action off the Chesapeak, between a Brittish man of war, and an American frigate. This advice it seeras necessary, I should follow ; and intend set- ling out for London as soon as 1 well can ; and would beg to re mind the Bank again, let me find things as I may in town, it is my intention to erabark for some part of the Unit'd States, as soon as I safely and conveniently can — and if the Bank has not laid out the growing divid'ds on the stock of raine they are in the receipt, they will take ray peculiar situation into due consideration, and lose no time in doeing the sarae ; and the receipts of such further divid'ds in such other slock, as the Bank may think best for my interest, untill my further on this head. I have scarcely time, or I would enclose the two Bank shares of the Unit'd Slates I have with me, advised of in a former letter from hence. I am sir, Your obed't servant, Matthias Aspden. To the Presid't for the Time Being, of the Bank of the Unit'd Stales. N. B. The price 1 engaged to give Capt. Earle for ray passage in the Ganges, was thirty guin's ; should the owner not think thirty pound sufficient on arrival. ( 260 ) I shall be glad and hope it will be in my power to contri bute to settle, if not so already, this unpleasant, if not unlaw full ship-searching business for seamen, which I thing easily may upon being properly and generally understood, to mutual safety. It is a very serious and dangerous thing on either side, to trust power lo any party, to charge on their bare word, or on information and not on oath, a friendless and wretched mor tal into custody, and perhaps on an order to inst. punishm't, or with a little more form, to death — without its being in his power per haps to produce proofs to support the facts he affirms — of his being an alien, or no deserter. If Great Britain thinks herself hound as they owe allegiance, to give gener'l protection to those she naturalizes by act of Parliament, or the crown grant letters of denization — and this is admitted by the nations of Europe — the matter will stand upon a broad and not on a narrow bottom, and may be readily, amicably settled. As the Unit'd States of Araerica will have a right to expect to stand on the sarae ground, with respect to those she raay make citizens of the sarae. At the same lime, the fewer that is raade the better, unless where there is compleat evidence on record to shew it. Certifi cates alone being dangerous and hazardous evidence to trust, to try the right of a person to citizenship or country. Untill this unhappy dispute is settled, the owners of vessels in the Unit'd States bound to Europe or the West Indias, would do well not to endanger the safety of their vessels, by letting more British searaan being ship'd then can be help'd, unless they can bring proofs to shew, the were within the United States when the prohibitory act took place, and within the four New England States, when the interdicting bill before this, placed thera out of protection, and made war on them. Endorsed — To the Presid't for the Time Being, of the Bank of the Unit'd Slates, in Philadelphia. ( 261 ) 194. Matthias Aspden, London, to President Bank United States. London, Aug. 15th, 1807. Sir— I wrote to you frora Liverpool, under date of the 31sl ult'o, (correctly il sh'd have been ofthe day after, raistakeing the day of the m'th,) adviseing the bank ofthe very unpleasant and unexpect ed disappointment I had experienced in being hinder'd proceeding in the Ganges for Philadelphia, by which I had taken my passage', and paid the capt'n £30, in part of 30 guin's for the same ; if on arrival, the owner should not think the first sum enough, through an unwarrantable, oppresive and frivolous pretence in the Alien office in London, " that they could only grant it, (a passport to em bark,) on your (or my) appearing in person." As no doubt, giveing them the number and date of the certif 'e given me at Dover, under the former alien bill, and shewing them the signature lo my letter, requesting it, which was test enough of the party in a case like this, ought lo have been amply sufficient for the purpose, without the expence of long and fatigueing jour neys to town and back, to satisfy curiosty or useless form — if the ship could have waited, and the capt'n not disposed to return my passage money. When I shall embark now I am uncertain, may be the latter end ofthe raonth, or begining of the next ; or I raay cross over to Ca lais, and proceed to Lisbon for this purpose, as I have been so har- raz'd, vex'd and disappointed in going, perhaps oweing lo an un- ceaseing and unfeeling corabination. Be this as il ^raay, I have thought it proper, since comeing to town, to lose no time in sending the two bank shares, 1 advised the bank from Liverpool, 1 had with me, and accordingly here enclose you the same, No. 26607, dated Philadelphia, July 1st, 1797, and issued in the name of Priscilla Bevan, of Highbury Terrace, Spinster, with a power of attorney frora her to transfer the sarae into my narae, which I request the fav'r of your doing, and to place the certif 'te issued in leiw thereof with ray other certificates the bank has, in its safe keeping, untill ray further order on this head; the bank purchasing, with the growing divid'ds on my stock, as before requested, such stock as they may think best for my interest. I received on Thursday, of Messrs Cazenove, Ballard & Co. and of Baring, Broth. & Co. as my receipt and duplicate will shew, £43 2 if, for a half-year's divid'd, due on bank shares to 1st Jan'y last, which I conclude to be for a i y'r on 12, and raake no doubt ( 262 ) frora the sight the bank has had of ray particular situation it will so prove. What will be the consequence of the rash and silly affair between the Leopard and Constelation, off the Chesapeak, at this moraent can only be raere conjecture, there being involved in it questions of high legal and political iraportance and the lot of raany ; at pre sent all is darkness, raystery and suspence. Yet I am sorry to add, from the very serious aspect of it, altogether, it looks to rae as if things were very big again with the fate of Calo and of Rorae. It is true, war can do no good, but rauch mutual injury, at least. I would therefore feign hope, notwithstanding, on due enquiry, it may be settled by right and not by might — and peace raade lasting by a wiser conduct pursued in future. I am. Sir, Your obed't servant, Matthias Aspden. To the President for the lime being of the Bank of the United States. Endorsed — To the President, for the Tirae Being, ofthe Bank of the United Stales, Philadelphia. Pr the Oaccan. 195. Matthias Aspden, London, to President of the Bank of the United States. London, Feberuary 23d, 1808. Sir — I wrote to you frora hence, pr. the Ocean, as Presid't of the Bank ofthe Unit'd Stales, on the 15th Aug'st last, encloseing you two Bank shares lo transfer into my name, to wit. No. 26607, dat'd Philad'a, July 1st, 1797, issued in the narae of Priscilla Bevan, of Highbury Terrace, spinster, to which refer, as I hope ray lett'r has been received — although I am since with't hearing frora the Bank as forraerly, adviseing rae thereof. I proposed two raonths agoe, or more, sending the Bank five shares more for this purpose, had my brok'r been able to get thera, as before, guaranteeing the transfer or title lo me — this, he told me, he c'ld not do, from a New York regulation that had taken place since the purchase of ( 263 ) !!!ft S,'°J^irM"*^''"r^ P'^"" °^'^' ^""^ "°* ''''^' ^^ 'f 'he first did not chaige, if false or forged, and guarantee itself— and forced me as the money had been laying long enough at a bankers at Sid a day pr. c t., al least to become an adventurer, as far as a quallifica- lion to vote, m the Commercial Comp'y tradeing to the South Sea, comonly call d the South Sea Comp'y ; wherein (from being here under the alien bill, from leaveing America, now the Unit'd Stales, after the prohibit'y act took place) I have gone in under the des cription of " The Right Hon'ble Matthias Aspden, of Philad'a, North America," being early known there as Hon'ble on record, I may say Right, and proposeing to return there again ; and as I have ventur'd lo tell them here— as the man does, and always has supported the description, and enough, not that he had much hope, he was sorry to say that the descript'n would ever support the man ; and under this descript'n I propose to send out my next Am'n stock, which raay be soon, as I have lately raention'd to several Am'n houses, likely to have stock sent them in remit'ce, and brok'rs here, that I could make it convenient to buy five or six Bank shares, or 2500 dls. Louissiana, if they had any for sale with title or trans fer guaranteed as formerly ; and if none should offer shortly, will force rae again into sorae coraraercial fund here, as the puting a part of the ballances in my banker's hands as the arise frora tirae to tirae to some ara't, and attending to my pecuniary concerns, impose rather a constant care upon my mind, and cannot be ne glected. The Bank in the purchase of stock, order'd for my acc't out of the growing produce of my dividends, I can properly conclude will describe rae of England, following in this the descript'n of rae in my. last stock sent out, and will of course carry my divid's on the sarae they receive, under the power the are in possesion of for that purpose, to ray acc't as it stands open with me of England, which will make it conclusively clear the stock belongs to me, and avoid all appearance of confusion ; and this the Bank may do on any stock 1 raay at this lime, or hereafter, send from hence, described as men tion'd, of Philad'a ; and as I shall further take care to word the power, and as my signature alone will sufficiently test the same for this purpose, and as I am known from this, will any inconven'ce or doubt arise, from appearing in any list of holders of shares or stock of two places, as Matthias Aspden of such Gr't Britain, Esq're, and the Right Hon'ble Matthias Aspden, of Philadelphia, North America. I feel this matter awkward, and am urged to it, at this conjunc ture, from several considerations, and my very peculiar situation — yet I trust, as the alien public credit or is as much a benefactor to the State, as the subjects ofthe same, that neither country will violate the public faith pledged to them, who stand in that relation to either; and from the confidence placed, and under this further considera- ( 264 ) tion of the case, I shall stand as I do, it being a question with rae as a freeraan of New Castle, Bristol, Drogheda, and I am inclin'd to think, of other places in England and Ireland — jyether I can be that to the full extent of the raeaning of the word, wilh respect to Gr't Britain, if this should be consider'd matter for exception ; for as the right to the Crown desends to a foreigner, so, I apprehend, do the freedom of cities here — and the sarae with respect to the city of Philad'a ; if the freeraan had left the sarae before the revolui tion took place, the right being still in hira, and no way essentially impair'd or forfeited, through the revolution thereby. t here enclose the Bank Wra. Dodd's affidavit, Clark to H'y Hoare & Co., baok'rs, of this city, that I paid into their Bank, on the 10th Aug'st, 1807, a forged Bank note of one pound, NO. 8452, dat'd Oth Oct'r, 1806, which note I do here assure the Bank I received of Capt'n Earl, of the Ganges, at Liverpool, the last or latt'r end of July last, to vi^hora I had paid it ab't ten days before, by a cheq'ue on Arth'r Heywood & Co., of the said town, for £30 in part of 30 guin's for ray passage in the said ship for Philad'a, and being hinder'd going by the Alien Office here, this sura of £30 that I had paid him, was p'd rae back again in Bank notes, £19 of which notes, with a ten pound ncte, enclosed rae by H'y Hoare & Co., ofthe 30th May, raakeing the sura of £29, I paid into their Bank, as raention'd, on the 10th Aug'st last, haveing taken out of the sura of £30, paid rae back by Capt'n Earl, the am't of this ten pound note in sraall notes, and one pound raore for change. I have for further satisfact'n enclosed a note from the Investigator's Office Bank of England, shewing that this was bro't in there, where it lays on the 18 Aug'st, 1807. The Bank, I request, will call upon Capt'n Earl's owner with this lett'r, and the authorities enclos'd, and ask if he is willing to pay it, and if not to take his direction to Capt'n Earl, and if not in port when expected, and shew the sarae to hira, whom, I can have no doubt, will pay the money at par, or Exch'e going, which the Bank will receive and pass to the cred't of ray acc't, as he raust be clear of whom he got the sum he paid me, and can eilh'r write hiraself or get it back through his owner on the references here given. I paid for this affidavit one shill'g sterl'g, which, I presume, was cost of swear'g lo il before the Lord Mayor ; and with't the authority of this affidavit I told Messrs. Hoares' they could not charge it to my acc't, nor could I give them cred't for il, otherwise it would be opening a door to charges of this kind at will and pleasure. I am. Sir, your obed't Servant, Matthias Aspden. To the Presid't, for the Tirae Being, of the Bank of the Unit'd States, Philadelphia. ( 265 ) P. S. I have lately sent lo the Comrais'rs of the Incorae Duty here, another remonstrance and represental'n, stateing the addi tion 1 and singular hardship and injustice there is, in the takeing from nny divid's at the Bank and India house, the sums they do, Ju^? J , ^'"<^'"^"'=^ l^^ely by the Alien Office to my return'g to Philadelphia ; and again, that this takeing is contrary to the terms of the loan, and on the same account contravenes the treaty of araity and commerce with the Unit'd States of Araerica— request ing relief. M. A. From present appearances, and the difficulties in the way of buying A raerican stock, under the objections it is offerd at this time, and limitted to expence wilh throwing money away, as well as to distance with't a licence, for near ten years past, and frora health — I propose writeing shortly to Messrs. Perregeau & Co. at Paris, as I have wrote lo the Bank, to lay out the growing divid'ds on my Tiers Consols, that they are in the receipt of, in furth'r stock, untill furth'r advice, and enclose me copies of the inscript'ns, as I soon now shall have two half y'rs divid'd in their hands, if not three. If the buyer after 22 June and 22 Decemb'r, is entitled to the divid'd for that half year, my stock being bo't pr. acc't on the 29th June, 1802, and paid for the next day by a draft on H'y Hoare & Co. at 30 days date. Divid. on the Tiers Consols are paid 22d March and 22d Sept'r. I am still with't any rerait'ce ofthe ball'ce of £47. 10. I. due to me for divid'ds to 1st Oct'r 1799. Is there any inst'ce in Pensylvania of a grand jury finding a bill under an " ex post facto" law, or of a ship being condemned 1 Endorsed— To the President for the Time Being of the Bank of the United States, in Philadelphia. Pr. the. 196. Matt. Wents to Matthias Aspden, London. Office for Taxes, 10th March, 1808. Sir In answer to your letter ofthe 4th ultimo, claiming again an exemption from the duty on your dividends in the British funds, as being a native of the American states ; I am to repeat the deter mination ofthe Special Commissioners, on the consideration of your 34 ( 266 ) first claim, that being resident in Great Britain, and having been so for many years past, your case does not corae within the provi sion ofthe act raade in behalf of foreigners, and your claim cannot be allowed. I ara. Sir, Your raost obed't servant. Matt. Wents. Mr. M. Aspden, Orange street. 197. Memorandum of Matthias Aspden. Wrote pr the post to the Governor and Direct'rs of the Bank of England, May 28th, 1808, and enclosed thera ray draft in their fav'r, for my acc't for £187 7 3, on the Corais'rs ofthe Incorae Duty at Soraerset House, the am't of the duly or levy taken from my di vid'ds al the Bank and India House, and requested, haveing found I came under the alien bill, (and being in England accidentally, from the shamefull terras of the treaty of peace with America, and for some years past frora an indiffer't state of health frora different attacks ; and lastly, from being hinder'd last sumraer, and unwar rantably, by the Alien office, after having taken and paid £30 in part of 30 guin's for ray passage on board the Ganges at Liverpool for Philada. under a pasport given me at Dover, Mar'h 1803,) that they would present the same, and on the receipt of the money, or a certif 'te of exempt'n, they would pass it lo the cred't of my acc't, haveing an acc't open with the bank. ( 267 ) 198. Draft on the Special Commissioners ofthe Income Duty. Pay to the Governor and Directors of the Bank of England, for my account. Twenty-four pound, four shilling, am't of the sum that they have taken at the bank from the half-year's divid'd on my 4 pr ct. annuit's, due the 10th inst., unauthorized by me, frora ray being under the Alien bill ; haveing On that account no vote in parliament, and without my consent, a bona fide creditor, directly or indirectly. Matthias Aspden. Orange Str't, 5 Red Lion Square, Octob'r 17th, 1808. To the Special Comrais'rs ofthe Incorae Duty, London. £24 4 Endorsed — If the alien creditor abroad is intitled, is not the alien creditor in England equally intitled, or more so 1 Especially if he is in England merely as a creditor, and per force. Returned for non-paym't, Decera'r 19th, 1809. 199. Matthias Aspden, London, to President Bank United States. London, October 31, 1808. Sir— A ship being up, or perhaps down, for Philad'a, and raay be going there after going to ports and ports in her way— never theless, let all this be as il may, as she has been long up and going from time to tirae, I do not like to neglect hazarding letter by her, that the reraembrance of rae may not be forgot, nor the attention due to my interests under your care be neglected I wrote the Bank, on the 23d Feb'y last, enclosed Williara Dodd s affidav t of a forged one pound bank note, that capt'n Earie had paid me among othef notes, in repaying rae back my passage money for Philada ( 268 ) that I had paid hira a few days before, on acc't of being hindered going — that I had paid in among £29 of the sarae, at the bank of Henry Hoare & Co. of this city ; respecting which as I have no advice, nor any late letters, I can only hope the Bank has done the needfuil. I propos'd embarking in May last from Liverpool for sorae port ofthe Unit'd Stales, and accordingly wrote to an old correspondent there, before the Ara'n War, still alive, for some informat'n as the vesssel's going, and had his answer reached me as early as it might, little as it was encourageing, I believe I should have ven tured to have applied for a pas*'t, and gone done and erabark'd, if not hinderd again. Soon after I went down * * here, to look at two or three vessels going to Canada, and went aboard ad * * and saw the cap'n, and asking him when he saild, and what accomodat'n he h * * me his accoraodal'ns were all engaged. In this I ara alraost certain he answered by a s * * his ear that followed me, and which I ara rauch inclin'd lo think, or other spirits eq * * wicked has been the cause, both when I have wrote, and when I have raade personal application, of disappointing rae going; and if this sh'd be, or has been, thro any person or per sons being in a league and conspiracy again me with such spirits, do I know any practices more cruel, wicked, vexatious and danger ous, or any thing that more loudly calls for heavier damages, again the wicked person or persons in league with such evil spirits and watchers, if not in justice to the public, to the punishm't due to the crime of sorcery. For my own part, I had no idea of any thing of this kind, untill the winter of 1798, in Ormond st., when for the first time in my life I slept with a light in my chamber, and forced to the resource of it all the winter thro'. Going to Richmond in the sumraer, I had there frequent and repeated proofs oftheir being spi rits and damons, frora hearing and seeing, if the latter are not also spirits. And now, and for several years past, nothing more clear, notorious, and common, for I seldom go out to a coffee house, that I ara not dog'd or bitched all the way, and while there, to my great annoyance and others present, and back, by voices out of the air that I mostly know, and to the great reproach and scandal of the police ofthe city, or bench of Bishops, at whichever door the busi ness of laying evil spirits may lay. As early as the age of 4 or 5 I was taught lo believe there was no such things as spirits, and was not afraid to go any where alone, or lo sleep in a strange house in a chamber alone, with a window looking into a church yard ; and which the coramands of the Lord in the Bible to the Jews, to destroy the witches and wizards out of the land, had tended to strengthen and confirm. And this by one that was a spirit or damon itself or herself, if I ara not much mistaken, and which accident led me to discover in looking for lodgings a few years agoe, at a lodging house in ipy present neighbourhood, { 269 ) where I met the original, and was struck with it; who very soon alter 1 came into the room, went out with a person like a clergy man with her ; she was something bigger than the counterfeit ; when she returned home in the year 1762, sent the counterfeit abroad ; excellent hands for a motheriess child to fall into. But as I am ahve and tolerable well, except sorae reraains of the gout in ray feet, I raay say from this and many other things, that lam truly sensible that there is a Providence over all. And that there is nothing now (cant out of the question) that will seperate me from the love of God, and what many others I believe would say duly and properly * * ucted, or would be at the pains to instruct themselves. From the calamities * * ve fallen my lot to experience, I think it not amiss here to recomraend thro' * * f parents and guardians, never to conceal from children or wards, their age * * p thera totally in ignorance ofthe invisible world, or lo use any endeavours * * e thera altogether unbelievers in it, for whatever may be the con sequences — and they may be raany and fatal — the sin will lay at their door. Ignorance of the first has has been the cause with rae of raany sore greviances, and sorae heavy disappointm'nls, and par ticularly in two or three things, to have been the cause that bro't my life into emin't danger. At the age of four, an old aunt would say I was near ten, which I believ'd, and affronting by me tell them that ill weeds grew apace. Being a tall child, and when but 14 I was 21, which my first let ter book shews. Frora this you will conceive what was my ideas — what behaviour I must assume, and with what corap'y in ray siraplicily I must mix ; particularly as ray father died in Aug't, 1765, when I was but a few months turn'd of eight, leaving me a good estate, and an execul'r lo his will (probably haveing no thought at the lime of makeing, not long before, a speedy dissolution), or more properly his heir al law. An attention to which, that was wanted, drew me back frora England in 1767, where I went the year before, and much of it was given to it, which it much requir'd, and did of persons much older. As I am not without some reason for thinking I never got all that was my right of il, or perhaps near. And shows how much the country was agrieved thro' the want of a court of chancery, let the appointment of the chancellor be in whora it might ; for truly hard fated must it have been, if it could not have produced one. The knowledge I have latterly come to of my age, and this not exactly, and of there being damons and spirits, has rather occasiond some hard thoughts of a number of relatives near rae ; of manv who shared of my friendship, and partook of my civilities; and of others again who were experiencing my fav rs, that they should be keeping me in the dark, and sn.ger.ng m their sleeves at my ignorance and siraplicily, in both respects ; when a knowledge of the first, clearly would have been of infinite service ( 270 ) as well as satisfaction to me, and some little of the latter had its uses, as I might be safely trusted, if any are to be derived from the use of daraons or spirits. I have seen by accid't the circular lett'r of the Bank to the holders of Ara'n stock in Europe — approve of it, except the Bank as it is answerable, not proposeing to receive into its possesion from the Loan Offices, the am't of the div'ds due to the parties that has empower'd it to receive the same for thera. The rates that I have seen quoted of exch'e give gr't support to it, and will do while these high rales continue. Untill a fall, or where specially order'd otherwise, if good bills or doll'rs are to be had, the measure fully confirms to me that the orders I gave to the Bank to lay out the growing divid'ds on my stock, as they becarae due from time to time, in the purchase of other stock, were highly proper and expedient, not only on this acc't, but for the other rea sons I had for it, and which 1 trust the Bank has duly done, and will do, untill ray further advice. My intention to return to America continues the same, as soon as I can avail myself of a safe opportunity. I am, Sir, Your obed't servant, Matthias Aspden. P. S. Not finding this ship in the dock, nor haveing seen the capt'n, has prevent * sending the Bank, to hand to the Presid't of Congress, two pamphlets lately publish * the Light and Heat corap'y here ab't to be incorporated under a charl'r, shares £50 each — num. two million — proffits proposed millions upon millions. Most probably they have got to New York, and may have reached the hands of sorae chemist, with you. The objection I understand to Virginia coal for faraily use, is there being lo sraall ; to coke them according to these pamphlets, would make them a cheap, wholesome and an excellent fuel. This I found dearer in Philada. than in London. As fire is one of the first coraforts, it raust now be one ofthe first objects of legislative attention. I flatter myself all parties in Europe are getting tired ofthe war, and that an end to thuraping heads again stone walls is drawing nigh, and of course to all daraon sway and delight. If il is not I ara apprehensive not rauch further trials of strength will be raade in Spain. You will judge from this, I raay be a buyer of Ara'n stock ; in this you will judge right ; for I have been wait'g the offer of sorae for sorae tirae. Endorsed— To the President for the tirae being, of the Bank of the United Stales. Philadelphia. Pr the Volunteer. 271 ) 200. H Hoare <^ Co. to Matthias Aspden: with memorandum of Matthias Aspden. London, 16 Nov. 1808. Bought in the name of Matthias Aspden, Esq're, £300, India stock, at 184ipr.ct. ' 553 jq q Brok'ge i pr. ct. 7 g 553 17 6 W. Willoughby, Br. Sir— The cost of the above will be charged to your account, on 1 uesday next. We are. Sir, Your most obed. servants, Henry Hoare & Co. Matthias Aspden, Esq. Novemb'r 25, 1808 — Examin'd this day, the books at the India House, and found the above stock transfer'd correctly into my narae, (by Wm. Williams,) as per acc't open'd with me, for my first stock bo't and accepted by me; and my India stock bo't subsequent, to wit, Matthias Aspden, of Richraond Surry, Esquire. M. A. On acc't of my intending to go America, the divid'ds on my India stock, since Jan'ry 10, 1804, has -been received by Hen'y Hoare & Co. under a power of altorn'y, and would been all regu larly accept'd at the first, but for cancelling the power. Endorsed — Matthias Aspden, Esq. ( 272 ) 201. H. Hoare dp Co., to Matthias Aspden, Bath. Received of Mali's Aspden, Esq., a Bill for sixteen pounds, lo account for on deraand. For Henry, Hy Hugh, Charles, Wm. Henry »&; W'y Merrik Hoare. H. & M'k Hoare. London, 21 January, 1808. £16 in Comm'rs of Property Tax. Your directions concerning the above-mentioned bill, shall be attended to. Endorsed — To Matthias Aspden, Esq., Bath. 202. H. Hoare ^ Co., to Matthias Aspden, Bath. Sir — We beg to acquaint you, that we have presented the bill for £16. to the Commissioners ofthe Property Tax, and that they will not accept it. We shall keep the bill, subject to your further orders. We are, sir. Your most obedient servants, Henry Hoare & Co. London, 26 January, 1809. £16. Matt's Aspden, Esq'r. Endorsed — To Matthias Aspden, Esq., Bath. ( 273 ) 203. Matt. Wents, to Matthias Aspden, London. Office for Taxes, i 17th March, 1809. \ Sir — I have laid before the" Coraraissioners for the special pur poses of the Property act, your letter of the 2nd instant, referring to your draft on thera, offerred for their repayraenl to your Bank ers of the amount of property tax, deducted from the dividends of your stock, in respect of which you conceive yourself exempted, as coraing under the Alien Bill, and for the causes set forth in former applications. I ara directed to acquaint you, that as you have been con stantly resident in this country, your claira to exeraption as a foreigner, cannot be allowed. This deterraination has been twice before intiraated to you, and I ara lo observe that the Corarais sioners cannot pay attention to any further claira you raay raake on the same grounds. I am. Sir, Your humble servant. Matt. Wents. Mr. Matthias Aspden, 5 Orange Street Red Lion Square i Endorsed.— On H. M. S. Mr. Matthias Aspden, 5 Orange Street, Red Lion Square. ( 274 ) 204. H. Hoare dp Co. to Matthias Aspden. Sir — In answer to the favor of your letter, you may sign our bill book, (in discharge ofthe two bills, returned yesterday unpaid,) at any time that is convenient to yourself. We are. Sir, Your most obedient servants, Henry Hoare & Co. London, 17th Nov'r, 1869. To Matthias Aspden, Esq. 205. M. Aspden to Commissioners of Taxes. Gentlemen — I am fav'd with y'r note of Saturday, and request to acquaint you, I think very differently from you with respect to your powers, as a court of appeal, or as jurors sitting to give relief to par ties, oppress'd and wrong'd, who appeal or apply for that purpose. Nor do I think there is a pannel in England duly qualified to discharge the office of special y^re, and unexceptionable, that would not sup port you in giveing relief in cases like mine — or it would be truly a woe-begone country indeed, and all the rights and proper' of En- glishraan — to do otherwise would be to support and absolute "Bar- barisra,"in a gross " distinction raade without a difference" between alien abr'd and alien in England. I will repeat here again, that I cannot but think rayself fully intitled to relief, on every ground of justice, equity and policy, and ara willing lo bear you harraless, if the question should corae to issue in any court of law or equity — and if I am intitled in justice and equity — surely I ara intitled lo it in law ; or otherwise, what is law 1 — recollect how I am, and from the pre face to ray statem't, how I have been treated, and let me hope, as il merits, you will lake it again in further consideration. If I had not been inform'd by the dark I first saw, that relief to aliens had been given generally, and understood the same from the ( 275 ) dark I spoke with when I call'd the second time, I should not have drawn up any statement, nor given you the trouble I have. I ara, Gent'n, P. S. Your note is directed to Mr. Matthias Aspden ; do rae the fav'r to acquaint your dark that I have no acc't open at either the Bank, India or South Sea House, as under the description of " Mr. Matthias Aspden," and that this implies it to be for another person, and therefore not an answer to my complaint, which respect money being taken from my div'ds at those places without ray consent, de scribed Matth's Aspden, Esquire of Gr't Britain, &c. ; my signa ture to the acceptances shewing the holder of it, and may lead to a mistake, as aliens cannot safely lake a house, unless importers. 296. John S. Taylor to Matthias Aspden, London, Tax Office, Bedford St. 18th Nov'r. '09. Sir— In answer to your communications respecting ,the property tax, I am directed to acquaint you (that it is not in the power of thP Comm'rs to afford you any relief. I am. Sir, Y'r obed' serv'. John S. Taylor. Endorsed — Mr. Matthias Aspden, 5 Orange Street, Red Lion Sq're. ( 276 ) 207. Check — Matthias Aspden on S, Crirard's Bank, Philada, Jan'y 18.1816. Stephen Girard, Banker, South Third street, pay to Mr. William Renshaw, or bearer, Sixty-four Dollars, 15 Cents, and place the sarae to my acc't. Matthias Aspden. 64 Dollars, 15 Cents. 208. Check — Matthias Aspden on S, Girard's Bank. Philada. Jan'y 19th, 1816. Stephen Girard, Banker, South Third street, pay to Messrs. Willing & White, or bearer. Four thousand, two hundred and seventy Dollars, 65 Cents, and place the same to my acc't. Matthias Aspden. 4270 Dollars, 65 Cents. Endorsed — Please to leave the two certif'ts issued for this stock, in the care of Mr. Stephen Girard, Bank'r, of this, city, delivering the same to Mr. Simpson, cashier his bank. ( 277 ) 209. Check — Matthias Aspden on S, Girard's Bank. Washington, Feb. 2d, 1816. Pay to Mr. Richard Smith, or order, on demand. Seven hundred and seventy-three Dollars, and place the same to my acc't. Matthias Aspden. To Mr. Stephen Girard, Banker, Philadelphia. For 773 Doll's. Endorsed— Pay to S. & J. Nevins &; Co. only. R'd Smith. S. & J. Nevins & Co. 210. Check — Matthias Aspden on S. Girard's Bank. 16th April, 1816. Stephen Girard, Banker, South Third street, pay to dr'ft on Charleston,. Two hundred Dollars, and charge to Matt's Aspden. 200 Ddlars. 211. Check — Matthias Aspden on S. Girard's Bank. 18th May, 1816. Stephen Girard, Banker, South Third street, pay to G. Taylor, Jr. for stock, or bearer. Eleven thousand Dollars, and charge to Matt's Aspden. 11,000 Dollars. ( 278 ) 212 Check — Matthias Aspden on S. Girard's Bank. 31 May, 1816. Stephen Girard, Banker, South Third street, pay to Power of Att'y and postage, or bearer. Two Dollars, 87 cents, and charge to Matt's Aspden. Two Dollars 87 cents. 213. Check — Matthias Aspden on S. Girard's Bank. July 1, 1815. Stephen Girard, Banker, South Third street, pay to myself or bearer. Ten Dollars, - Cents. Matthias Aspden. 10 Dollars, - Cents. 214. Check — Matthias Aspden on S. Girard's Bank. July the 11th 1816. Stephen Girard, Banker, South Third street, pay to Messrs. Willing Virginia. James, ^ " Matthias, al Philadelphia. John, at Deptford, Kent. „,..,. ' t ) Magnus Harwood, Lancashire. William, S ( T,- ^' > S Padiura, Lancashire. Margery, ^ ^ Thomas Aspden the father, born ab't the year 1648 : buried at Padiura, Lancashire, March 3d J728. Elizabeth, wife of the said Thomas Aspden, maiden narae Scroop, buried at Padiura, Lancashire, Aug. 27, 1727. 232. List of Births, ^-c, of Hartley Family. Jennet Hartley was born the 3 day of May, in the year of 1756. Benjamin Hartley was born the 7 day of Febuary, in the year of 1758. Jaraes Hartley was born the 26 day of July, in the year of 1760. ( 304 ) John Hartley was born the 26 day of October, in the year of 1762. Roger Hartley was born the 7 day of January, in the year of 1765. Thoraas Hartley was born the 7 day of August, in the year of 1767. Peter Hartley was born the 1 1 day of January, in the year of 1771. Rebecca Hartley was born the 13 day of August, in the year of 1773. Edward Hartley was born the 21 day of July, in the year of 1781. Martha Hartley was born the 25 day of January, in the year of Barsheba Hartley was born the 18 day of July, in the year of 1785. Endorsed — Ellen Hartley, dead — Matthias Hartley, dead — Henry Hartley, dead. 233. From Thomas Aspden to Matthias Aspden, London, with extracts from Registers, dpc, enclosed. Dear Cosen — I have had the pleasure of seeing youre letter dyrected to the Reverand Mr. Fishwick, but as he not being capable of answering youre request, being verrey feeble and far gone in years, he aplied to Dockler Grim-show, of Burnley, to take the truble from hira, and he carae over to Harwood to inquire for sorae ofthe Aspden's fama- ley, and in so doing he was dyrected to me, but I was not at whorae, so he tould ray wife the consarns, and desired me to go over to Burnley, as so I dod withoute delay, and he made me understand somewhat of youre requests — so 1 return'd to Mr. Fishwick, but he could not reed the letter to me, neither could I before 1 had perused several tiraes, before I got to understand the pertickalers, for 1 brought it alonge with me ; so I went first went to Whaley to inspect the Register, but to no purpose — and then I went agaea to ( 306 ) Padiam to inspect that Register in a more pertickeler maimer to asist Mr. Fishwick, and with much peruseing I found registerad at Tt"^ **io naraes inclosed, and are taken oute by Mr. Fishwick, and he thought I was the fittest parson to undertake to ans * •* * your requests, and hoped I would axepl the offer; so I did, and has my utmost indeuavers to give you satisfaction ; but with regard to grandfather and grandmother, it did not apear that I could be aney waes satisfied with writeing to the Vickar at Bolton, so 1 rode over my selfe, and ther was pertickaler search made, but to no purpose; and then 1 went to Burnley, as 1 had some ihoucrht that cosen Mary Harison was baptised there, so 1 got that Raesler inspected from the year 1710 to the year 1726, but not any such a narae to be found ; but 1 hapened lo meet with wone Mary Cook, daughter of Christ'n and Izabell Cook, of Burnley, and cosen to Mary Harison — shee informs me that shee was baptised at Burn ley, and tould me the names of godfather and godmothers, but I forget them; and that a gentleraan from Liverpool and Mr. Hoisted of Burnley, came with him maney years ago, by the order of Mr, Harison, but at that time her name could no where be found. We cannot find oute who youre father was named after, nor any of ower unckles, only Thomas after ower grandfather, as there was 10 broilers and was all born in Simanstone and buried at the places following: Timathey and Andrew at Padiam, Thomas at Coin, Richard al Portraahon, Ralph and James al Virginey, Matthias at Philadelphea, John at London, Nathaniel and Wiiliarn at Harwood, a sister Marey and Margerey at Padiam, and what small thing shee left shee ordered verry discreetely, and without partialety, amongst thirteen neffeys, niecess, only ray sister Marey was exepted, because shee thought shee was not needfuil ; a grandson to unckle Tho's at Coin, wich was dark, shee left hira 2 guienies extra. I expect you wo'd be desireouse of an answer from Mr, Fishwick before this come lo hand, but there was three weeks expired before I got inteligence of youre letter, and vvith haveing so maney places to go to il stole away much time ; but if you wod not a thought it two much truble * * have given us a personal visitt, wee should have esteeraed it as * * perickeler faver, and should have been exlreraely well pleased to h * * seen you — but I flatter ray sefe you will faver me with a few lines before you go to Araerica, as it will much oblige Youre most affectionate cosen, And well wisher, Tho's Aspden. I expect you will receve a letter dyrected to you with wone inclosed for Mr. John Hall at Philadelfea, hopeing you will do the faver if it is in youre power, to get it to hand: he is grandson to Mrs. Nancey Hall wich kept the Swan in Whaley when you lived ( 306 ) there ; he is plumber and glaseier in Philadelfiea, and his father is verrey lately come into poseshion of an estate of upwards of 200 a year, and you will, I hope, do your utmost to find oute. Endorsed — For Mr. Matthias Aspden, to the care of Messrs. Henrey Hoare and Companey, Bankers, London. The firs matter is, where my unckle Matthias was baptised — the next, where my grandfather and grandraother where raarried at. I understand my grandmother carae frora Bolton le Moors. If Tho's Aspden was married to her there, and the time when, and her maiedens name, I have been inforraed it was Scroop. The next the baptism of ray unckle Matthias Aspden's daughter, Mary Watson, and tirae of birth raentien'd in the Register. The next I ara to inforra hira of my aunt Margrey Baley's baptism, and then of my father bothers. Mr. Fishwick, for the redeyest, looke this paper to put douen the names registered at Padiam, and as it hapned so, I thought most proper to send it so ; but the above is the pertickelars of youre let ter wich I had taken oute before the redeyest. Margerv, daughter of Thoraas Aspden, of Siraonstone, bap. June 4, 1704. Andrew, son of Thoraas Aspden, of Siraonstone, bap. Decera'r 28, 1701. Nathaniel, son of Thoraas Aspden, of Simonstone, bap. April 18, 1697. Matthias, son of Thomas Aspden, of Siraonstone, bap. May 14, 1693. John, the son of Thomas Aspden, bapt'd Aug't 4, 1689. Williara, son of Thoraas Aspden, of Simonstone, bap. July 26, 1691. The Register at Bolton I got inspected frora the year 1648 to the year 1688, and not any ofthe narae to be found. Tho's Aspden. Matthias Aspden, of Padihara, and Mary Watson, of Cliviger, married July 31, 1718. Bridget, a bastard child of Elizabeth Hey, by Matthias Aspden, bap. Jan'ry 24, 1719. Thoraas Aspden, of Siraonstone, bur. March 3, 1728. Elizabeth, wife of Thoraas Aspden, of Siraonstone, buried Aug't 22, 1727. The birth of Matthias Aspden not found in this Register. Ja's Fishwick, Cur'le of Padiham> ( 307 ) 234. Entries in Matthias Aspden's Ledger, folio 75. Dr. Account of Rent. 1778. June 2d. To Ja's Hartley, rent of Jos'h Shewell, June 2d, 1778, rece'ed by Js. Hartley, pr. his acc't curr't of May 14, 1784, for my house, stores and wharf, on account, in Water street, Philaddphia, 18 £13 00 0 To do. rent of D. Alexander, rece'ed by J. Hart ley pr. his acc't curr't of May 14, 1784, from Aprill 1st, 1776, to Jan'y 1st, 1782, when seized by the Commissioners of Forfeited Estates, sit uated in Newton township, in the county of Ches ter, and state of Pensylvania, 18 82 13 6 Dr. Joseph Shewell. 1784. Apri. 1st. To stock, for rent of ray house, stores and wharf, in Water street, Philadelphia, from May 1st, 1776, to Jan'y 1, 1782, when seized by the Commissioners of Forfeited Estates, and inter est agreed to be allowed thereon, due to the 1st Aprill, 1784, pr. my attorney James Hartley's acc't, who lett him the house; £13 pd. June 2d, 1778, on acc't, being deduct'd, Princip'l, £385 16 8 Inter'st, 79 15 9 465 12 5 Paid on acc't, deduct. 13 452 12 5 452 12 5 See particl'rs in my old Lett. Book, 1st leaf. Dr. State of Pensylvania. To^ItSk for my house, stores and wharf, in Water street, Philadelphia, pr. valuat'n on affirmt n, 3350 00 0 ( 308 ) To ditto, for ray plantation in Newton township, county of Chester, of 160 acres, besides 6 pr. ct. allowance for roads, pr. valuat'n on affirrat'n, 1150 00 0 N. B. My estates here raention'd, were seized by the Commissioners of Forfeited Elates, Jan'y 1783, under I conceive, an illegal and false at tainder, for high treason. Illegal, because I left America in Sept. 1776, before the goverment was establish'd or form'd, being (exacted thereto, and render'd qui lam,) and therefore had no right, and of course no power to attaint me ; and false, because I was not guilty of the treasjn alledged, nor could be guilty of il, in England three thou sand mile off, or intended, which I discover'd on reading an adjudged case in Dallas's Report this year in Philadelphia. See Chapman's case, versus State of Pensylvania. 1799. Jan'y 1. To slock for rent, or usus fructus of my plantati'n ; its iraprov'd value, as a good dairy and wheal farra, only ab't 14 miles from Philad'a, reckon'd worth £60 or £70, from Jan'y 1st, 1782, to this date, 17 yr. a £40 a yr. 680 CO 0 To ditto, do. of my house, stores and wharf, do. do. £175 a yr. 2975 00 0, Contra, Cr. 1782. Jan'y 1st. By bonds, for paym't of princip'l due on Abrara. Liddon's bond, 4 £281 16 0 Dr. Kingdom of Great Britain. 1799, Jany. To stock — for the araount of ray daim on the honor and national justice thereof, for losses incurr'd under a subpoena, or bill of Pains and Pe nalties, called the prohib'ry act, £45,055 15 1, sterling, exch'e 166f, 75,092 18 5| Agreeable to a stateraent sent to the Lord Chancellor, on the 18lh Decemb'r, 1798, since corrected in a sraall matter of int'st, and to a larger araount than when exarained by the comraissioners of Araerican claims, (had the been disposed to hear me further, and to have gone fully into the subject and merits of it,) exclusive of plate and debts, (ray claim of the latter being withdrawn from the coraraissioners observ'g lo me, that debts were recoverable under ( 309 ) the treaty, and the hope I enlertain'd, that sorae friends would pay at all hazards,) and debenter for the partial corapensation of my real estate in possession, allowed in 1788, payable in eight year, in installraents, with inter'st thereon, untill Jany. 1799, which are deducted, principal' y for losses under the penalty, and that we are intitled to losses under the penalty, or a subpoena will be ad mitted by every iraparlial judge, particular'y in a national case of the utmost magnitude like this; being specially required by the prohibitory act, within the tirae limited to send ray vessells lo Eng land, either to be employed in the transport service, or lay up, or to sell for what they will bring, and did, conforming before to the restrain'g bill, thereby compell'd to give up my business in America, and leave il, my native land — which inviduous and gre vious hardship was bro' forcibly to my recollection, from my have ing embark'd at Bristol, agreeable lo the pasport granted me, and used diligence so to do, as required by the present Alien Bill, un der the rigorous penally it inflicts, to wit, a year's imprisonment, or transportation for seven years, in July last, on board the ship Thoraas, Capt. Luscomb, for Charlestown, and proceeded in her to Cork, where she was to join convoy, and there left her, from the ship proveing very leaky, in King road, and on the passage, (and the doubts I had from the likelihood of a war between France and America, frora the public prints — should we be taken, I raight not be exchanged by either side, if detaind a prisoner, frora my not being a real Brittish subject, it must appear frora ray passport, nor perhaps real American citizen, from the illegal confiscation of my estate from the tirae I left America, Sept. 1776, as the record in Chapman's case, if applicable in all points, could be bro. in evi dence again me, although the stale was in possession of my estate, seized under an attainder (that was false,) and the council had granted me a pardon, signed by an old servant,) and returnd to England ; this the disappointment with recent loss and suffering thereby experienced, bringing fresh again to raind my forraer heavy losses and sufferings incurr'd under the penalty in the pro hibitory act, which a period of raore than nine year, when examin'd by the coraraissioners of Araerican clairas, had nearly effaced— led me to send the stateraent here raentiond, to the Lord Chancellor, to hand to the King, (since his suitor in chancery for the same,) that they raight see, haveing an eye to the administration ofjustice, na tionally and individually, in what raanner it had been render'd to me under the bill to enquire into the losses and services of Ameri can sufferers ; observeing that 1 believed they would agree with me that it would never be considerd as worthily done in any stale to Droffit in this manner, by the tirae and talent of a virtuous and valuable citizen, whose plantation alone in Newtown, bred a farmer, uld been enough for him, and on that he could been put in little ^° ofear by prohibitory acts, either of life or want — comparative- ( 310 ) ly, as the event proves on passing this act, devoted to destruction by the first stroke of the King's signature to it, reproachfully left without a single stipulation in my favor in the treaty, or other like sufferers, to his gr't disappoinlra't — and now as it were a prisoner under the Alien Bill, should il on trial be found to really apply to me — And I may further add, had I not been in the number of those that believ'd in the " Mighty arm of Britain," and word of proraise to the well affected, I could not have rendered obedience to this barbarous and highly unconstitutional act ; and merely accidental thro' the criminal conduct of a house al Cowes, from the deviation they made in the voyage, and the detention of a ship I had con sign'd to thera, that sail'd before advice had been receiv'd of the passing of this act, that it was in my power perfectly so to do — so greviously did it affect rae, as may be well conceiv'd settled there, and circurastanced as I was, and a minor, as I have since been inforra'd, that had no desire to leave il — and should not have done, had not the obedience render'd to this act, corapelled rae to it. 235. Mr. " Hall," to Matthias Aspden. Mr. Hall would have been happy to have done hiraself the honor of waiting on Mr. Aspden, his countryman, this raorning, if he had not been irapeded by sundry affairs which deraand his presence. Mr. H. hope^ that in the course of the day, it raay possibly be convenient to Mr. Aspden, to give him a call. If not Mr. H. will have the pleasure of seeing hira at Wolfen's in the course of the evening. Monday raorn. ( 311 ) 236. Draft of letter, Matthias Aspden to Lord Lansdown. Mr. Aspden presents his compliments to Lord Lansdown, and acquaints his lordship, some corapensation has been allowed him on his claim, which he presumes may have arose from the infor- ticn his lordship gave of his having understood a proper considera tion had not been had to his case ; and the concurrent testimony of Mr. Anslie, sent to make enquiries in America. He begs to thank his lordship for the part he owes to him therein, and to assure him, a proper sense ofil is not wanting. The sura he observes could be but a slender object with him ; which what has been allowed hira, £1184, may show — or could it be right to keep him so long in the hurtfull and painfull stale of suspense he has — and is principally satisfactory to him, as il removes any imputation of his having presented a fraudulent claim ; on any other ground he conceives the Commissioners could have no right to reject it ; and on this he was conscious lo himself the had none. The considerations that has been had lo the cases of most from Pensylvania, between whose situation there and his, he believes he may venture to say, there was no comparison, gives them little reason to regret there was neither stipulation or aranesty in the treaty ; either of which to hira would been ofthe first iraportance, and has rauch cause lo raourn that il was otherwise. He may truly add, he was the first in the way to feel the wra.th of this country (tho an unoffending party), and the last to meet with satisfaction, if the consideration had to his case, can be said lo be any. His estate was valued a period * * was his own, at £4500 curr'cy, and would have sold for upwards £5000 — Say . Rents from '76 to '89 Ground rent from '77 to '89, 12 yrs. Money he owed on a bond ab't Add rent rece'd Allowed £5000 1912 0 0 0 0 £6912 9Z. 10. £114 0 0 320 0 0 13 0 0 117 0 0 0 0 £6465 £1184 0 0 strg. 0 0 ( 312 ) The commissioners told by hiraself his estate before the revolt he believed would have sold at public sale at . . . . . , £2560 0 0 Add rents . , , , 1912 0 0 £4472 0 0 237. Short narrative of Facts. Short Narrative of Facts. Mr. Aspden intended to have gone to England in a ship of his, that sailed the 10th of Septr. 1775. Was prevented, frora the dis tress the circle of his friends were thrown into, frora the carting about the streets. Doctor Kearsley and Mr. Counsellor Hunt, and the appearance it had of a desertion of thera at that laraentable pe riod, notwithstanding he was in readyness, and stores provided, for the purpose of going. He was also prevented going lo England, in the Swallow, Brittish packett, from New York, on board which he went wilh a written perraission for that purpose, the latter end of March, or begining of April, 1776, and had stores sent down for himself and other passen gers, going thro' his application lo the comraittee and coramanding officer, and should have gone, had not Governor Tryon required an oath that he had before given up, and about which he went to New York and got the mayor, Mr. Mathews, to go down and speak to him respecting, who was then on board a ship in the Narrows, where he had retired under the protection ofthe Asia raan of war, which he did and returned with an answer, that he would decline requireing il of hira and Mr. John Warder, and that we should go as agreed too, on the terras first proposed on coraeing on board, of sufering our letters to be enclosed to the Secretary State in England, &c., which was afterwards went from on the part of Governor Tryon ; the passen gers sent for just on the eve of the packet's sailing, and the oath required, much to his astonishraent. It was refused by Mr. Asp den another, (Mr. Warder,) except that part of it which went to bear true allegiance who were natives, of Araerica ; first, because he had broke his word — and 2dly, from their conceiving he had no right to require it, and returned on shore on or about the 2d, 3d or 4th of May, after being a raonth or raore on board the packet, and ( 313 ) came back to Philadelphia, where he found his house let, his ser- yanis discharged — agreeable to directions to his half-brother, James Hartley, by letter from on board the packet, when he found he had full leave to go. His residence in Araerica after that, he consid er d merely transient, waiting only an opportunity lo leave it. This he flalter'd himself he should, in the Fowey man of war, with Go vernor Eden, from Anapolis, where went wilh an introductory let ter to hira, frora a friend, for that purpose. Urged by the pressure of large concerns in England, which had center'd there, under the pains of the prohibitory act, and other compulsive considerations, but was disappointed, from the truce being broke, under which she came up, the second day after she arrived. He finally erabark'd from the port of Philadelphia in the schooner Benlhara, Robert White, raast'r, bound to Corunna, in Spain, and went on board al New Castle on the 19th or 20th of Seplerab'r, 1776, with two other passengers, under the protection of that clause in the prohibitory act, which enters the mariners, taken on board American vessells, on the books of the King's ship that lakes them, and sets the passengers and capt'n al liberty, on shore, at the first port in the King's dominions she arrives at. Haveing done no act to forfeit his allegiance, and haveing lawfull business in England, where he arrived on or about the 2d Decem. following, and there Teraain'd till 10th June, 1785, when he erabark'd again at Fal- raoulh for Araerica, except an excursion for ab't two months in 1778, to Flanders, Germany and Holland. Mr. Aspden apprehends his attainder, (if in force,) may be re versed for the following causes : — First, for error, as he was not liable to be call'd upon, haveing never done the act that gave the council povver to require parties to render themselves, &c., to wit, join'd the Brittish army. 2dly, That he was born a Brittish subject, and always liv'd one, haveing left America, and made his election, previous to the new gevernment being either organized or establish'd ; and therefore could not lawfully nor justly be call'd upon to take his trial as a traitor, under the circurastances he left America, and oweing alle giance, as he did, to another state. 3dly, That his attainder was under an act operateing non est post facto, and therefore repugnant to the Constitution, State and Federal, the Divine law of Scripture, and the principles of coraraon justice. . , . , . t;, 4lhly Independant ofthe foregoing, he was m duress in t-ng- land from the state of his affairs, and cannot now, he believes, be absent long, on the same account. And as further evidence of the truth ofthe first part of this article, and also that ofthe second, he adds that he was the sole owner of the ship Curaberland, when he was 'call'd upon lo take his tryal, and had been for several years before • upon the purchase of which, or rather reconveyance, he < 314 ) took out a register for her of the collector of the port of Bristol, which could only be granted him, being a subject of Great Brittain. This ship was formerly the Rebecca, belonging to him, out of the port of Philada., built by Benj'n Eyre, and sent to England in compliance with the prohibitory act, under the pains thereof. N. B. His going out to learn the exercise, a short time in the Guraraer of 1775, with the railitia of the ward in which he lived, was not voluntary, but done to avoid the resentment of the populace being directed again him, (a young man that could make no admis sible excuse,) at the time the country was thrown into great heats and disorder, frora the accounts ofthe Lexington and Bunker Hill actions, and resolves of the convention and coramittees to arm the inhabitants, &c. Withdrawing from the company he went out with, as soon as he could, telling them at the time on the ground openly, that such were his engageraents, that he raust decline going out with them any more — and afterwards, when the ward association paper was bro't to hira to sign, refused to sign it. Act declaring what shall be treason, pass'd Feb'y 11, 1777. " That all and every person and persons, now inhabiting, reside ing or sojourning within the liraits ofthe state of Pensylvania, ex cept prisoners of war, or whoever shall come, &c., do owe and shall pay allegiance, «kc." An act for the attainder of divers traitors, being all subjects and inhabitants ofthe state of Pensylva., to render theraselves on or be fore the 20th of Aprill, and lake their legal tryal, or forfeit, for haveing^'oira'd the British army, (fee. Further enacting, ' that all and every person and persons, being subjects or inhabitants of this state, or those who have real estates in the comraonwealth, (being sub jects it is presumed is the meaning of the act, or otherwise and ab surdity and a contradiction in terms, and facts will follow,) who now do adhere to, and knowingly and willingly aid and assist the enemies of this slate or the United States of America, by haveing join'd their armies within this state or elsewhere, or who hereafter shall do the same, and whora the Executive Council, by their pro claraation shall require by name to render themselves on a certain day, to take their legal tryals, for such their treasons, «Sic. In case of not appearing, to stand and be attainted of high treason. (Act pass'd Oth March, 1778.) Quere — can a person, not a subject, be lawfully tried for trea son ? Can a man serve two masters ? Supplement to this act empowers the Executive Council to sell the estates of traitors, duly forfeited. Clairas on estates to be raade within six raonths. If any attainder reversed or made void forer- ( 315 ) ror, or for any cause whatever, the same not to injure bona fide purchasers. And in such case the party to apply to the legislature ror 'ndemnification. Purchasers evicted by a judgment of the ^ourt of Common Pleas or Supreme Court, to be indemnified out of the treasury. 238. Memorandum, in hand writing of Matthias Aspden, on a card. An Araerican gentl'n, forraerly of Philad'a, raerch't, of wh'ch a native, who not only believed the insurg'ts w'd be reduced, but obey'd the law as requir'd, in sending his vessells, laden on his own acc't, agreeable thereto, (not a time for others to do it,) which broke up his establishm't and rooted him out of the country, not being able to draw legally for capital again aft'r 1 Jan'y, 1776, or even a part for support, wh'ch compell'd him to leave Araerica that year and come to England, greviously suffering thereby. At issue with the King on these facts, in a claim on the State, with the Chancellor for £47000 sterl'g and upwards, and will prove it to be just and well founded. 239. Memorial of Matthias Aspden to the House of Representatives. To the Honorable the House of Representatives, The raeraorial of Matthias Aspden, a subject ol Great Brittain, Sheweth— That your meraorialist was posses'd of a house, wharf, and ware house thereon situated, in Water street, in the city of Philaddphia, and to a plantation in Newtown township, county of Chester, left 'him undor the will of his father, deceased August 1765. That your menioriulist being opposed to the separation of the colonies from Great Biitiain, from a true regard to the welfare ofthe sarae. ( 316 ) and on what he conceived to be good grounds, was early led to make his election, and finally embark'd for England by the way Spain, in the month of September, 1776, and there continued during the war, and for several years after. That your meraorialist, when beyond sea in England, and under allegiance to another State, was requir'd, he believes, by proelamati., bearing date July, 1778, to render hiraself on or before the first of Aprill following to take his legal tryal for haveing aided and abetted the eneraies of that State, (Pensylvania,) and the United States, under the pains and penalties of high treason ; that not rendering hiraself as required, for the reason mentioned, (and he may here observe if his case had been otherwise,) from the duress he was in from the slate of his affairs in England, had the estate here described seized by the Corarais sioners for forfeited estates, and appropriated to the use of State as the forfeited estate of an attainted traitor — when in fact your raerao- rialist could be none, and of course could not forfeit as a. traitor; arid that according lo the laws of the State of Pensylvania already decided in the adjudged cases of Chapm'n and Gordon in the Suprerae Courts ofthe same, from his haven left America previous to the revival ofthe laws under the old government in Feb'y, 1777, and organization and establishment ofthe new one in the month of March following, and on that account deera'd and considered by them a Brittish subject, and which he believes his not knowing untill within these few days to have been the cause of great grevi ance to him. Your memorialist therefore prays that your Honorable House will be pleased to take the opinion of the judges on his case, and grant him that relief in the premises he raay be entitled to. And your raemorialist shall forever, &c. It raay be queried, wether proceedings by ejectment would not be recording an infraction (admitting there could be no forfeiture) of the treaty by a judgement of Court. YALE UNIVERSITY LIBRARY ^^ Say «5-', ., iM. '•^ Jr ; ^ r A-a / 1 , v if 4 '^.f/I'/M' A''' './v^V.' ." K SI ¦*¦ .*¦ r