The Memorial of Charles Simms respectfully represents that your memorialist in the year 1775, purchased of Alexander Ross, of Pittsburgh, Two thousand Twenty two acres of land situate on the River Ohio and Raccoon Creek, about Twenty Miles below Pittsburg, and also purchased of the said Ross Nine hundred and thirty-nine Acres of Land, adjoining the before mentioned Lands, the property of William Dunbar, of Manshac Settlement, on the Mississippi River, which last mentioned Tract the said Alexander Ross sold to your Memorialist, as Attorney in fact for Wm. Dunbar, which said Land was part of the Tracts of Land Granted by the Chiefs of the Six Nations to George Croghan, by Deed bearing date the fourth day of November, 1768. Your Memorialist at the time he made the purchase gave his Bonds, payable at a future day, to the said Alexander Ross, for the amount of the purchase money of both the Tracts before mentioned.

Your Memorialist further represents that some time in the year 1776 Alexander Ross left Pittsburg and went into some part of the British dominions, where he has continued ever since, as your Memorialist is informed and believes.

That in the year 1777 the Assembly of Virginia passed an Act, declaring all Titles derived from Indians to Lands within the limits of that State to be void, which of course destroyed your Memorialist’s Title to the Lands purchased from Ross and Dunbar, if it lay within the limits of Virginia; If within the limits of Pennsylvania the Title was null and void by a Proviso contained in the Grant from the Six Nations to Croghan. As the Consideration for which your Memorialist gave his Bonds to Alexander Ross had thus failed, your Memorialist considered himself exonerated from the payment thereof.

Your Memorialist farther represents that the aforesaid Bonds fell into the hands of the Commissioners of confiscated property for Westmoreland County, who obtained an attachment for the amount of the Bonds against your Memorialist, which was lay’d on a Tract of Land belonging to your Memorialist in Washington County, the right to which your Memorialist acquired under the Laws of Virginia, and the Survey of which is now in the Surveyor General’s Office of this State, upon which attachment a Judgment was obtained against your Memorialist, and a Venditioni Exponas issued thereupon, before your Memorialist knew that the aforesaid Bonds were in the hands of the Commissioners or within the State of Pennsylvania, tho’ your Memorialist was well known to several, if not to all of the Commissioners. Your Memorialist by mere accident hearing of the proceedings against him last fall, attended the Court of Washington County, and on entering his appearance to the attachment, the Judgment and Execution were set aside.

Your Memorialist has reason to believe that the Commissioners proceeded against him in the manner above related without the Sanction or direction of the Executive Council of this State, and flatters himself that they will put a stop to any farther proceedings against him on the aforesaid Bonds, for the following reasons: Because Alexander Ross and William Dunbar had no Title to the Lands which your Memorialist purchased of them, and for which the aforesaid Bonds were given, therefore, to enforce the payment of them would be unjust and unequitable.

Secondly. Because your Memorialist ever was an Inhabitant and Citizen of Virginia, the said Alexander Ross at the time the Bonds were given, also lived under the Government of Virginia, and continued under the Jurisdiction of that State until he went into the British Dominions, as before mentioned. And your Memorialist humbly conceives that if he was Justly indebted to Alexander Ross that the State of Pennsylvania could not be entitled to the debt in consequence of his attainder. As the right acquired by a State in consequence of attainder can only extend to property within its own limits and Jurisdiction, and a debt is attached to the person of the debtor and must be considered as a right or property which the Creditor has within the Country where the debtor resides.

Whether the State of Pennsylvania in consequence of the attainder of Alexander Ross is entitled to and can enforce the payment of debts due to him from Citizens of Virginia is a question which has relation to the Jurisdiction and Rights of Government of the two States and therefore, in the opinion of your Memorialist, can only be discussed and settled with propriety by the Legislative or Executive Powers of the respective States—impressed with this opinion, your Memorialist presented to the Governor and Council of Virginia a Memorial on the same subject with the present, which was transmitted by them and lay’d before the Executive of this State.

Your Memorialist cannot help observing that to be compelled to attend the determination of a suit which the Commissioners have instituted against him in a Court more than Three hundred miles distant from his place of residence, is greatly oppressive. That at the time Alexander Ross and your Memorialist contracted for the aforesaid Lands they considered themselves as Citizens of Virginia, and if any dispute should arise between them in consequence of the Contract that it would of course be Tryed and determined in the Courts of that State where a Judgment wrongfully obtained at Common Law may be enjoined in a Court of Chancery, and the party called to declare, upon Oath, all circumstances respecting the matter in dispute, which, perhaps, could not be made appear by any other means; but in the State of Pennsylvania there is no Court of Chancery and of course your Memorialist supposes no way to compel a Discovery of facts which may rest in the knowledge of the party only. Finally, your Memorialist confiding in the Wisdom and Justice of your Hon’ble board, submits his case to your consideration, and prays your Interposition, and will ever pray, &c.