Benjamin Franklin and the Pennsylvania Supreme Executive Council to the Pennsylvania General Assembly (unpublished)
Council Chamber, Philadelphia, November 15th, 1786.
Gentlemen:

The following subjects have presented themselves to us as important, and are submitted to your consideration.

By a report of the 4th of October, from Messieurs Porter and McClean, we are informed, that the business upon which they were employed is now finished, and that the Western line of this State extends some distance into Lake Erie.

This advantages which may result to the public from this circumstance if well understood and properly improved, have led us to suggest the expediency of setting off and reserving to the use of this Commonwealth a tract of land, of such shape and dimensions as shall take in all those parts of the Lake falling within our limits.

By a law passed on the 16th day of September, 1785, the 10th day of April next has been made the period for compleating all titles to lands held by location, or other office right, obtained before the 10th day of September, 1776, and yet remaining unpatented. On this we would state our information, that the indulgence offered by this law has been seldom used, and our belief, that notwithstanding the wishes of the people to accommodate, it will, eventually, meet with but little compliance. Should the penal part of it be strictly observed, it is hard to say what evils it might originate, or where they would cease. The presumption is, that they would be many and extensive; and, in this event, we need scarcely suggest how much safer and better it would be to alter the law, than to risk the experiment. Another objection to the law, as it now stands, will arise from the mode prescribed for its execution. By reference to an Act of Assembly passed the 9th day of April, 1781, the Land Officers are directed to make out and transmit “to the respective County Commissioners, list of delinquents for purchase money and interest, or arrearages of purchase money and interest, in their counties, respectively, upon which lists the Commissioners are required to issue their Warrants of Sale, &ca.;” but from a view of the Land Office books, it appears that all acounts are in the names of the original warrantees, who in many instances are dead, and who in others have transferred the propoerty, whence it must follow that these lists cannot be made a directory for the processes to be instituted. Under these circumstances, two expedients offer, which in our opinion, obviate all objections, and make compliance easy. The first of these is, to extend the term given for compleating titles; the other, to make all funded certificates of the State receiveable at the Land Office for every description of debt due therein. To the former no objection has occurred, and to the latter such only as may be drawn from the law entituled “An Act for omitting the sum of five hundred thousand pounds, &ca.;” and which may be easily and fairly removed by commuting the fund. To this, we would only add, that we cannot enter into either the instice or policy of keeping a resource of so much promise as the arrearages are stated to be, exclusively charged with the redemption of a sum which does not, in fact, amount to more than sixty-five thousand pounds, when, if made immediately to operate upon the certificates of the State, they would, soon and necessarily, absorb a much greater proportion of our debt. Number one of the papers inclosed, will illustrate this calculation.

Our duty has occasionally led us to enquire into the sales of land within the new or last Indian purchase, and it is with some regret, that we find ourselves able to assure you, that they fall far short of every hope and calculation that we had entertained concerning them. This failure we attribute to the high and very unequal price set upon the land. To liberate this fund, therefore, from its present inactivity, and make it as productive as we had originally expected, we think it only necessary that the price of the land be lowered. The nearer it can be brought to that of the old purchase the better.

We are of opinion the reserved trace opposity to Pittsburgh, should now be sold, and that if divided into small lots, for the accommodation of the town, it would sell to the greatest advantage. We enclose the petitions of John Sharp and Anthony Selin.

B. Franklin.

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