1830.] tured by rolling to be the same as the duty on hardware, that nothin the chains alluded to are made of. RECORDS OF PER N Your petitioners further state, that the duty on coal ought to be so modified as to be three cents per bushel, instead of six, the present duty, being a raw material, and the price of English coal being generally from 25 to 35 cents per bushel. The duty on wire to be the same as that on hardware. the whe bad done went in all the brandur v. 8, Should Your petitoners submit their just cause to your consideration, hoping that you will see the necessity for putting them on the same footing in their own market with the foreign manufacturer, which is all they ask— and, as in duty bound, will ever pray. Since the above petition was in type, we have been correctly informed, that wheel tire has actually been ordered, and will be imported in the Spring!Where we allude to articles that can be imported cheap, than iron now sells for, we do not mean that those are the only ones: we have chosen a light & a heavy ar ticle merely to illustrate the subject, with the understanding that all intermediate ones can be imported in the same way. Philadelphia, February 25th 1830. Your petitioners further state, that they are now subjected to heavy taxes on their wearing apparel, and the manufacturers of cotton have their raw material as low as their competitors. That among all nations attention has been paid to lay the impost duty on manufactured articles higher than on the raw material. Was it necessary to plead usefulness, your petitioners are of opinion that their services can be less dispensed with than that of any other mechanists-that no favor ought to be shown to one part of the community at the expence of another, as it naturally creates jealousies and heart-burnings. That if cotton and woolen manufactur. ers are protected by duties of from 50 to 225 per cent. there is no reason why your petitioners should be oppressed by such enormous duties on their raw materials. Is not this creating a difference, and treating us as tho' we were not members of the same family? If the manufacturers of iron cannot make it cheap, it is no reason why we should be deprived of re-manufacturing it, as we are willing to do so on the same terms as the foreign-er er: only let us have our raw material at a duty not exceeding that paid on hardware; for we conceive that it can be no difference to the manufacturers of iron in this country, whether a ton of iron is imported in the bar, sheet, or rod, and made by us into hardware, or a ton imported in the shape of hardware. In either case, it is a ton of iron introduced into the country, with this difference, that if imported in the raw state, we re-manufacture it, but, if imported in the shape of hardware, we lose our share in the manufacturing of the article, which we consider unjust, as it gives an advantage to the foreigner over us, in our own market, of from 111 to 221 per cent. on his raw material, and that this is the case, can be clearly seen by what we have above stated. Now, should any nation lay a duty of from 140 to 200 per ct. on our cotton in the bale, and only 25 per cent. if in a manufactured state, do we not readily perceive that our cotton would still find its way into those markets? This is precisely the case with iron-it finds its way into our market in a manufactured state. In recapitulating our grievances, we beg leave to repeat, that the present duty on iron is operating diametrically in opposition to the intention of its promoters; that it lessens the demand for iron in the raw state, being superseded by introducing it in the state of hardware; Yor, V 32 RECORDS OF PENNSYLVANIA. Abstract of the state records at Harrisburg, made by Thomas Sergeant Esq. when Secretary of the Common. wealth, and by him presented to the Historical Com, mittee of the American Philosophical Society, Nov. 3, 1819.-1748 to 1758. (Continued from p. 212.) July 25. Several projects were suggested in the present state of affairs. One was to raise a sum of money by subscription; this was, however, dropt, on account of the difficulties and objections attending. Another was to make an offer of lands. Letter from Governor Morris to Gover Shirley:"The defeat of our troops appears to me to be owing to the want of care and caution in the leaders, who have been too secure, and held in great contempt the [APRIL Indian manner of fighting. Even by Capt. Orme's ac-he proposed on the part of the Proprietaries, to grant count they were not aware of the attack. And there land west of the Allegheny mountains, without any pur are others that say the French and Indians lined the chase money, and with an exemption from quit-rents for way on each side, and in the front and behind intrench-15 years, from 1st March next, viz. to every Colonel ments that we knew nothing of till they fired upon 1000 acres, Lieutenant Colonels and Majors each 7.50, Captain 500, Lieutenant and Ensign 400, Soldier 200; to be patented without fees (except surveying), on condition of settlement within three years after the removal of the French. Recommending to Assembly to afford some assistance to such as would accept of these terms. us." July 28. Letter from Col. Dunbar at the Great Crossings, dated July 6, stating that he intended to proceed to Philadelphia, to quarter the two regiments there. Also from Col. Burd, dated Shippensburg, 25th, that on 17th he received news of the defeat, and set out forthwith for Fort Cumberland, where they arrived. He had there an interview with Col. Dunbar, who gave him the following particulars of the engagement, to be communicated to Gov. Morris--"On Wednesday the 9th current, there was a small body of French and Indians (about 500, never was any more on the ground,) discovered by the guides at a small run called Frazier's run, about 7 miles this side the French fort over the river Monongahela. They were on the side of a hill. The guides immediately informed the General, who marched the troops on and formed them. The battle began at 1 o'clock of the noon, and continued 3 hours. The enemy kept behind trees and logs of wood, and cut down our troops as fast as they could advance. The soldiers then insisted much to be allowed to take to the trees, which the General denied, and stormed much calIng them cowards, and even went so far as to strike them with his own sword for attempting the trees. Our flankers, and many of our soldiers that did take to the trees, were cut off from the fire of our own line, as they fired their platoons wherever they saw a smoke or fire. The one half of the army engaged never saw the enemy. Particularly Capt. Waggoner of the Virginia forces, marched 80 men up to take possession of a hill: on the top of the hill there lay a large tree about 5 feet diameter, which Capt. Waggoner intended to make a bulwark of. He marched up to the log with the loss of only three men killed by the enemy, and at the time his soldiers carried their firelocks shouldered. When they came to the log they began to fire upon the enemy. As soon as their fire was discovered by our line, they fired from That he was obliged to retreat our line upon him. down the hill and brought off with him only 30 men out of 80-and in this manner were our troops chiefly destroyed. Sir Peter Halkett and one of his sons killed in the beginning of the action. Sir John St. Clair was pre-cern that an army of 1500 effective men should destroy sently after wounded by a bullet in the right breast. all their ammunition, baggage, and make a precipitate The General had three horses killed under him, and at retreat, when it does not appear they had any knowl last was shot through the belly, and died of his wound edge of a greater number of French and Indians than and was buried across the road. The General had with 500; having the back inhabitants opposed to the Indi him all his papers, which are entirely fallen into the ans and the French; at liberty to draw all their for hands of the enemy, as likewise about £25,000 in cash. ces to Virginia. Proposing that Gen. Shirley should or All the wagons that were with the General in the action, der such parts of Col. Dunbar's troops as should not be all the ammunition. provisions, cattle, &c. two 12 pound- wanted for the garrison of Fort Cumberland to be post. er cannon, six 4 pounders, 4 cohorns and 2 hortts, with ed at Shippensburg and Carlisle, and at or near Mcall the shells, &c. The loss of men as nigh as Col. Dun- Dowell's mill, where the road to the Allegheny be bar could compute at that time is 700 killed and wound-gins." ed-the one half killed; and about 40 officers. Colonel Dunbar retreated with 1500 effective men. He destroy ed his provisions, except what he could carry along with him for subsistence. He arrived on Tuesday, 22d inst. at Fort Cumberland, with his troops. He likewise destroyed all the powder he had with him, to the amount (he thinks) of 50,000 pounds. His mortars, shells, &c. he buried; and brought with him to our Fort two sixpounders. He could carry nothing off for want of Letter from Governor to General shirley, by express, dated July 30: "I am surprized at Col. Dunbar's intention to march immediately to this town, and desiring me to provide winter quarters in the month of July. Expressing con horses." The address of the Assembly to the King against the Governor, for refusing to pass the bill for striking £20,000, was referred by the Privy Council to the Lords of Trade, who on the 30th May 1755, made report, which is here entered in the minutes. The report recommends rejecting the address-on the ground that no instructions were given by the Proprietary for refusing the assent of the Lieut. Governor to bills of this nature. It proceeds to give a history of the proceedings of the Assembly relative to raising money at the requisition of the English ministry; evidently with a view to represent their conduct unfavorably. 1755-August 1. Assembly passed a bill for raising £50,000 for the King's use, by a tax of 12d. per pound, and 20s. per head, yearly, for 2 years, on all the estates real and personal, and taxables within this province.This was presented with an address in reply to the speech of the 24th, approving their call. Official account sent by Gov. Morris to Sir Thomas Robinson, Secretary of State: "From the best information I could get of the action, our army upon the crossing a small river near the fort, fell into an ambuscade, was almost encompassed by a bout 700 French and Indians, who kept up a continual fire for 3 hours upon our troops from behind trees and intrenchments, which they had thrown up four days before, and killed great numbers without being them. selves the least exposed." Col. Dunbar who was with the heavy baggage about 40 miles from the place of action received the remaining of the General's broken division. Letter to Col. Dunbar, requesting the same thingsstating if it was not done, the country west of the Sus quehanna would be abandoned and laid waste. At the same time requesting the corporation of Philadelphia, as he did not know what process this application might meet with, to provide quarters and a hospital. Letter to the Hon. Thomas Penn from the Governor: "Our Assembly talk of giving £50,000, and to sink the same by a tax upon all lands, proprietary as well as others, and mean by that to drive you and your govern. ment into the hard alternative of consenting to have your estate taxed here by the assessors, or of bearing the blame both here and in England, of refusing to contrib ute any thing towards the defence of the province. I have therefore resolved to make an offer of lands to the westward of the Allegheny mountains, to those that shall engage and go upon an expedition, This offer, which I do not expect to be accepted, from what passed with Mr. Franklin previous to the making of it, will RECORDS OF PENNSYLVANIA. 251 persons as he shall think proper to bring with him, should meet the troops on their march to Shippensburg, where they will wait his arrival or answer in order to consider what measures shall be proper and necessary to be taken to forward the public service. (Signed) Thomas Dunbar, Thomas Gage, Rup Chapman, Wm. Sparke, Major General Shirley, August 6, 1755, from the camp on the Mohawk river, 36 miles from the Oneida carrying place, wrote to Colonel Dunbar-Ordering him to take upon him the command of his own and Sir Peter Halkett's regiments, and without delay proceed to the city of Albany, leaving a proper number of officers of each regiment in Pennsylvania, Maryland, and New-Jersey, to recruit for completing the said regiments to their full complement of 1000 men each. It being the opin August 5. Col. Dunbar to Governor-Fort Cumber-ion of Gen. Shirley as expressed in a letter to Governor land, Aug. 1. "I march from this to-morrow with 1200 Morris, that the populous provinces of Pennsylvania, men. I leave the Virginia and Maryland companies, Maryland, and Virginia, are able to protect themselves with some of the train to protect this fort and the gene- upon the present emergency." ral hospital! where there is about 400 wounded or sick." August 8. Scaroodyady and others, Owendats and 6 Nations, made speeches. A great number of petitions from the inhabitants of the frontier and other counties, setting forth their defenceless state and beseeching the Governor to enable them to defend themselves and families, &c. which was sent to the Assembly, with an account from John Harris that a large party of Indians actually set out from the French fort with design to fall upon and destroy the inhabitants of this and the neighboring provinces. 1830.] I find put them in the wrong at home. No dependance is to be had on the Assembly or People here, for any assistance of consequence. The principal thing which they have in view is to distress you and your Governor into a compliance with them or oblige you to give up the government. The former they seem to have laid aside the hopes of; and therefore bend their force to obtain the latter. Letter from Col. Dunbar, Fort Cumberland, July 24: "I have been told that Gen. Braddock threatened this province with giving the men free quarters.-This may make the people unwilling to quarter us. But this is not my scheme-which I beg you will assure them. All I desire is that the troops may be with them as they are in England. About 800 officers and soldiers killed and wounded." Aug. 15. Warm and long controversies between the Governor and Assembly about the bill for raising £50,000; as to taxing the proprietary estates, arguments fully gone into. Letter from the Mayor and Corporation of Philadelphia, in answer to Governor, stating that they knew no law authorizing them to provide quarters, &c. therefore it was not in their power to obey the order. August 19. Fresh orders from General Shirley to Colonel Dunbar, dated August 13th, "To collect as soon as may be, such provisions, pieces of ordnance, ammunition and horses, as he might meet with at Winchester and Fort Cumberland, or elsewhere in Virginia, (reserving for the said fort what he might think necessary for its defence) as also such as he should receive from the Lieutenant Governors of Pennsylvania, Maryland, and Virginia, and those he buried in his retreat: and immediately to march to Fort Duquesne, besiege it, and thence proceed to Presque Isle, and attempt its reduc tion. If it was impracticable to follow those instructions then to pursue those of the 6th August.' Letter from Gov. Morris to Gen. Shirley, dated Philadelphia, August 19-stating his fears nothing could be done; that the Assembly had done nothing. That uncommon pains had been taken by the Quakers to prevent taking up arms-that a majority of the Assembly were Quakers. Their influence was great and the inhabitants now seem as unconcerned as ever. The As Letter from Col. Dunbar to the Governor, dated the camp at the widow Beringus, August 7. "As soon as I had the favour of your letter I called the field officers now with me and shewed it to them, and after consider ing your proposals we came to the resolution on the oth-sembly would not pass a law for a militia, nor raise super side, which we hope will be agreeable to Governor plies. As he could not conceive the other Provinces and the Council, and satisfy until we have the pleasure would carry on an expedition against Fort Duquesne, of meeting at Shippensburg, where I hope to be about without the aid of this, he had not the least hopes that the 17th inst. and as we pass to leave a good guard at any thing of that kind will be undertaken this year, nor McDowell's mill. As to the number of troops you ima- even in the next, without Parliamentary interposition -gine I have with me, you are greatly mistaken. I left That Col. Dunbar's troops could be no where so well upwards of 300 wounded and sick at Fort Cumberland, employed as in strengthening Gen. Shirley in gaining in the hospital; and as I left great quantities of powder the important pass at Niagara, in which, if he succeedand other stores there, I left all the Virginia and Mary-ed, Fort Duquesne would become of little or no conseland companies to protect both. The troops now with quence to the French, as it would be impossible to supme are not the best. General Braddock's army consis- ply or reinforce it. ted of all that went with him towards the French fort, both officers and soldiers were picked, and those now with me are naked; not near so many shirts, breaches, shoes, and stockings, as men; nor half the usual number of tents to cover them from the inclemency of the weather. But as they are, I am ready to do every thing that can be judged reasonable for the honor of my master and good of his country, as you will find at meeting." Gov. Morris also wrote to Col. Dunbar-that he had given these opinions to Gen. Shirley; and that he was clearly of opinion that it would be more advisable for him to adhere to his former instructions, and continue the march of the army to Philadelphia. That the Assembly had spent their time in a fruitless controversy, and would he feared do nothing adequate to the present emergency. August 20. A council with the Owendats and some of the 6 Nations. Long and eloquent message from the Assembly, relative to taxing the Proprietary-insisting on their bill. Governor informed by the Assembly, by message, that some "inhabitants of the city, observing with concern that the Governor and Assembly differ in opinion on the bill for raising £50,000, rather than the least hindrance should be given to his Majesty's service at this Camp, (as before,) August 6. Col. Dunbar having assembled the field officers, to consider the contents of a letter received by him from Governor Morris, of the 30th July, do give it as their opinions that the Governor's request of sending troops to McDowell's mill, the towns of Shippensburg and Carlisle, to cover the frontiers of Pennsylvania, should be complied with; and they do think it necessary that the Governor, with such other, time of imminent danger by a sum so very trifling as they apprehend the Proprietary's share of the Provincial tax might amount to, have petitioned the House,and engaged to pay £500 in behalf of the proprietaries into the public stock; being well assured that it would have been altogether unnecessary were the proprietary present, and that they had no doubt he would honourably acquit every subscriber. They therefore hoped the Governor would cheerfully pass the bill. Aug.21. The Governor adhered to his amendments. Message to Assembly-"On the 9th instant, I recommended to you to establish a militia-but received no answer. I now call on you and insist on a plain and categorical answer, whether you will or will not establish a militia; that his majesty and his ministers may be informed whether at this time of danger the province of Pennsylvania is to be put in a posture of defence or 3. That by some mismanagement we had not an Indian with us. That what friends there were last year are lost, and no new ones gained. That Gen. Braddock could not get above eight or nine to attend him; from which circumstances be laboured under many inconve niences--nor do we hear of measures being taken to get any. That what assistance you may expect from Virginia in troops, we are under the strongest apprehen sions you will be disappointed in, as more than half of the Virginia companies that were with us have deserted for want of pay. That the season is now approaching when the falls of rain may be expected which will consequently raise the several rivers we have to pass so as to occasion the building of floats to transport the troops, &c. over, which is almost impossible to put in execution, if the enemy should chuse to make an opposition; and that the swampy grounds and clayey mountains we have not." to march over, would be rendered extremely difficult, August 22. Several petitions from the frontier town-scarcely practicable, and an absolute want of forage but ships were read, in which is described in the most mov- what we could carry with us. That it greatly surprises ing language, the distressed condition of the inhabitants us Gov. Dinwiddie should send you such a return of the for want of association, military discipline, arms and troops, as he could have no authority for so doing, not ammunition. having had it in his power to know a true and exact state of them. The Governor informed the Council that he had called them together at the instance of Scarooyady, who wanted to say something of importance to this government in private council, but fearing least some of the Indians should come along with him, he had delivered it to Mr. Weiser. It was this: And, lastly. Were we to march immediately from hence with the greatest expedition, it would be impos sible to arrive at Fort Duquesne in less than six weeks. And we humbly conceive that before we could be provided with a proper train, provision, and every thing that would be necessary for such an expedition we could not expect to arrive there before the middle of November, and should we not succeed in the attempt we must inevitably perish, as the mountains are covered with snow generally in the latter end of Cctober,and there is no place to retreat to nearer than Fort Cumber land. This is, sir, the real state and condition of both officers and soldiers. And as we are now so near Phil. adelphia, the only place to recruit our men with proper necessaries, we proceed to it, which we humbly conceive cannot retard our schemes, provided you shall hereafter think proper to put them in execution, either by going to Fort Duquesne or to Albany. Therefore shall wait your further commands at Philadelphia. Signed by Thomas Dunbar and others, Letter from Gov. Morris to General Shirley; August 24. "In addition to Col. Dunbar's return, it may be ob served that Pennsylvania, the province in which Fort Duquesne is, and the best able to contribute largely to such an expedition, as it abounds with men, horses, carriages and provisions, will do nothing towards it, the Assembly having set a month and adjourned themselves without raising any money for that service. My intelli gence from the army is that they are in a very bad or der, the officers disagreeing with one another, and most of them having a contempt for the Colonel that com mands them; that the men are in a poor and ragged condition, and don't relish another campaign, as it is called. I find also that the scheme is to loiter as much time and make as many difficulties as possible that these troops may not move from this place, or if that cannot be done that they may go no further than Albany this season. " "Brother, the Governor of Pennsylvania, and all the English on this Continent. It is well known to you how unhappily we have been defeated by the French near Minongelo. We must let you know that it was the pride and ignorance of that great General, that came from England. He is now dead; but he was a bad man when he was alive. He looked upon us as dogs, and would never hear any thing that was said to him. We often endeavored to advise him and to tell him of the danger he was in with his soldiers. But he never appeared pleased with us, and that was the reason that a great many of our warriors left him and would not be under his command. Brethren-we would advise you not to give up the point, though we have in a manner been chastised from above. But let us unite our strength.You are very numerous, and all the English Governors along your sea shore can raise men enough. Don't let those that come from over the great seas be concerned any more. They are unfit to fight in the woods. Let us go ourselves; we that come out of this ground. We may be assured to conquer the French." August 28. Colonel Dunbar to General Shirley; camp at Pine Ford, August 21, 1755. Upon the receipt of yours, I thought proper to call the field officers, who after the most mature deliberation do unanimously agree that it is impracticable to carry on an expedition to fort Duquesue, from hence, at this time of the year, and give the following reasons, viz― 1. That the only cannon we have are 4 short six pounders; that the 4 cannon at Winchester weigh upwards of 30 hundred weight each, and left there by the late General Braddock's orders, from the impossibility there was of carrying them with him; that those at Fort Cumberland are only four pounders, weighing from 12 to 13 hundred weight each, and mounted on ship carria-ned to adjourn to 15th September. Another that they ges with iron trucks, and Captain Orde informs us that would wait the opinion of their superiors on the points they are only fit for ship service. in dispute. As to the militia, the elections were com Message from Assembly to Governor-that they incli was expedient. 2. That we have not above one third of our camping on, and the people would decide how far a militia equipage, and our soldiers almost naked, and that all the cannon, mortars and ammunition, that the late General Braddock had with him the French now have to strengthen their Fort. And we must beg leave to undeceive you in regard to what you are pleased to mention of guns being buried at the time Gen. Braddock ordered the stores to be destroyed; for that there was not a gun of any kind buried; and the four that are now left are two that Colonel Dunbar had with him, and two that were left at Fort Cumberland. Letter from Gov. Morris to Secretary of State-attributes the proceedings of the Assembly to the Quakers and Quaker preachers. Sept. 2. Gov. Dinwiddie writes to Gov. Morris, complains of Col. Dunbar's ordering away the independent companies. That he left at Fort Cumberland 400 sick and wounded, the remains of the provincials, 170 effec tive men to do duty. That he had put out 6 companies of Rangers to protect the frontiers. That in June the RETAILERS OF FOREIGN MERCHANDIZE. 1830.] Assembly had voted £22,000, and now a further sum of Answer. Sept. 3. Col. Dunbar arrived 29th August, in Philadelphia. "I am much with you in opinion that it would have been right in these Colonies to have made a second attempt upon the French but"-"my Assembly instead of promoting the King's service, are do ing all they can to render his administration odious, and to set the great body of Germans in this province against the government under which they live, and I believe will more than any thing prepare them to receive the French proposals. This state of affairs makes it impossible for me to assist you." (To be continued.) AN ACT Graduating the duties upon wholesale dealers and retailers of merchandize and prescribing the mode of issuing licences and collecting said duties. Sec. 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That every person who shall deal in the selling of any goods, wares and merchandize, wines or distilled liquors, drugs or medicines, except such as are the growth, produce or manufacture of the United States, and except such as are sold by auctioneers under licences or commissions granted to them pursuant to law, and by licensed tavern keepers, shall, on or before the first day of September, eighteen hundred and thirty, and on or before the first day of May, in each year thereafter, take out from the treasurer of the proper city or county a licence for vending such foreign merchandize or liquors, which licence shall be in the following form, to wit 253 same in the form in which said goods are imported, to take out a license for vending the same. Sect. 2. And be it further enacted by the authority aforesaid, That it shall be the duty of the constable or constables of each township, borough or ward of the counties and cities of this commonwealth, once in each. year, to make under oath or affirmation, a list of all the wholesale and retail dealers as aforesaid described and defined, dealing within their respective districts, as as they can ascertain the same, and deliver the said list to the clerk of the court of quarter sesssions, or to the clerk of the Mayor's Court, of the proper city or county, on or before the first day of the third term of the court in this year, and on or before the first day of the first term of the court of each year thereafter, to be filed and entered of record by said clerk. Sect. 3. And be it further enacted by the authority aforesaid, That all persons dealing as aforesaid shall be classed according to the amount of annual sales by them respectively made and effected, in the manner following, that is to say, those who are esteemed and taken to make and effect annual sales to the amount of fifty thousand dollars, shall constitute the first class; those to the amount of forty thousand dollars the sec ond class; those to the amount of thirty thousand dollars the third class; those to the amount of twenty thousand dollars the fourth class; those to the amount of fifteen thousand dollars the fifth class; those to the amount of ten thousand dollars the sixth class; those to the amount of five thousand dollars the seventh class; those to the amount of two thousand five hundred dollars the eighth class. And any dealer to a less amount of annual sales shall be classed in the said eighth class; Provided, That any feme sole trader or single woman in this commonwealth, who shall vend foreign merchandize and whose annual sales shall not exced those of the eighth class, shall not be required to take out a license under the provisions of this act. COUNTY SS. Sect. 4. And be it further enacted by the authority aforesaid, That the associate judges and county commissioners of each county within the commonwealth, shall at the third term of the court of common pleas or mayor's court in this year, and the first term in each year hereafter, taking up the returns of said constables from the said returns and their own knowledge, make an accurate and correct list of all merchants trading or doing business within their respective counties or cities, and place each of the said merchants in that class which shall to them appear right and just, by the number thereof as provided in the preceding section, according to the amount of sales by them respectively has paid to me for the use of the com- effected annually, as near as the same can be ascer monwealth, dollars, which entitles him to whole-tained, not fixing any one of them between any of the sale or retail foreign merchandize and liquors, as a classes above described, which said list shall be signed wholesale dealer or a retailer of foreign merchandize by the associate judges and commissioners, or a majorand liquors, of the class, within the county of ity of them, and delivered to the county treasurer on for one year, from the first day of September, (or May or before the second Monday of the third term in this as the case may be,) one thousand eight hundred and year, and on or before the second Monday of the first A. B. Treasurer of county: Provided al- term in each year hereafter; and if it shall thereafter ways, That the sale of liquors shall not be hereby auth- appear that the name of any merchant, taxable under orised in measures less than those of one quart; and that this act, merchandizing as aforesaid, shall not have nothing herein contained shall be construed to extend been returned by said constable or included by said to physicians, apothecaries, surgeons or chemists, as to judges and commissioners, the same may be returned any wines or spirituous liquors which they may use in by the county treasurer at any time thereafter, and the the preparation or making up of medicines, for sick, said judges, upon notice to be given by said judges and lame, or disordered persons. And provided also, That commissioners, upon notice to be given by said treasurthe licences issued on the first of September next, shall er to such merchant, of the time and place of so doing, be for the term of eight months, and expire on the proceed to classify said merchant as aforesaid. first day of May ensuing, and be paid for that period in proportion to the rates for such licences hereafter fixed by this act, and at the expiration of said time such licenses shall be issued from the first day of May for the term of one year, unless in case of wholesale dealer or a retailer commencing after said date, as provided hereafter by this act. Provided That nothing in this act shall be taken or construed so as to require the importer of foreign goods disposing of the Sect. 5. And be it further enacted by the authority aforesaid, That it shall be the duty of the said judges and commissioners, to fix upon some day certain, of which reasonable public notice shall be given, when any of the merchants defined and described in the first section of this act and required to take out a license as aforesaid, or their agents or attorneys, may appear before the said judges and commissioners and show the amount of their annual sales during the year previous, |