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THE CASE OF Robert M'Knight, A Bankrupt, Written by himself in Prison at Philadelphia, 1792.

[...]OM the month of August 1780, until March 1782, I was in partnership [...] Hampton Rownd, on the close of which, it appeared that the profits were [...] 17—one half of which was mine. During this partnership, William Alli­ [...] of the executors of John Mease, had frequently called on me to assist him [...] [...]ating his account for that estate. This I did, and, had a good deal of my [...] then taken up with that business—no satisfaction for which has ever been [...] nor for any writings performed by me for him since.

A suit had been brought against him before the orphans court in 1774, respect­ing the commissions allowed by the register general on an account of that estate to September 1773. Matthew Mease and other legatees were dissatisfied with the sum of £2,420 commissions allowed to the executors, and their account was laid be­fore auditors, who reduced the commissions to £1,500. This, William Allison, the acting executor demurred to, and a hearing was to have been had before the orphans court in 1775: but by reason of the departure of Matthew Mease to Eu­ [...] the latter end of 1774, and soon after that of his lawyer R. Tilghman to the [...] Indies, no further step was taken in this business until the late war was pretty [...] advanced, during which time the courts were not much troubled with civil [...]ters. But in the year 1780, on the arrival of Matthew Mease from Europe, [...]tation issued to William Allison to appear before the orphans court with his [...]ccount, which was done in December of that year. On this business I attended with William Allison to explain the account. Several meetings were had and in the spring 1781 the court gave a decision so as to allow £58 more for commissions [...]han the auditors did. This decision respected the transactions of the estate so far only as September 1773. Another account was called for, of the transactions which had taken place from 1773 to 1781. This was drawn out by me and con­ [...]rd of a full quire of paper, and when presented to the court was referred to [...]tors. I had to attend them several times and a great deal of my time was tak­ [...] in drawing a statement of the case, which was somewhat complex, owing [...]he receipt of continental money, a variety of calculations, and other circum­ [...]ances, not now necessary to relate. The report of these auditors was not satis­factory, either to William Allison or the legatees, and an appeal was had to the supreme court; where if the advice of the writer had been followed, Wm. Allison would have saved some thousand pounds; but by suffering the cause to go to re­ferees, the legal ground was lost and the referees decided in such manner as to do great injury to William Allison.

[Page 2]It may seem trite and not at all pertinent to introduce the affairs of John [...] into a vindication of my conduct, but it appeared necessary to the writer to in what manner the partnership of Allison and M'Knight arose, because [...] been asserted that I was under great obligations to William Allison, when [...] verse is the truth: for it was in consequence of the frequent applications [...] William Allison made for my assistance in writing during the partners [...] M'Knight and Rownd, that he took a favourable opinion of my attention [...] siness, and of the safety of a capital should he employ one in a partnership, [...] revolved in mind to be proposed. Early in 1782, I had resolved to close the par [...] ship of M'Knight and Rownd, and in several conversations with William A [...] prior to its dissolution, I thought I could perceive that he had a desire to join [...] in trade: this was as I then thought a more promising view than any I could expect b [...] remaining the partner of Rownd. I had lived as a clerk to William Allison [...] 1766 and 1767 and knew him then to be a man who had considerable wealth, a [...] believed that from that time, by the sugar baking business he had acquired [...] more considerable property. I therefore concluded that such a partner would [...] very valuable one, but in this I have found my mistake. On the same day [...] Rownd and I had resolved to part, William Allison proposed himself as a pa [...] and asked me if £2,000 in cash would not be sufficient capital for him to b [...] I told him I had upwards of £1,500 myself in trade, and that I thought with [...] sum he mentioned a clever trade might be supported in the retail way, as at [...] time little or no credit was given. On the night of this same day John Sh [...] mentioned to me that he understood that Rownd and me had parted, and he a [...] me if I would have a partner. I told him it was too late for I had engaged: [...] did not say with whom, for it was the wish expressed by William Allison that the business should be conducted under my name only, nor did it appear otherwise un­til September 1783 when a store was opened at his house in Front Street. When the partnership commenced, the shop in Second Street was in want of printed goods, which I mentioned to William Allison and told him Mr. Woodward had an invoice, it would answer to purchase, amounting to near £400, on whic [...] could have a month's credit. The purchase was agreed upon, and late in Ap [...] called on William Allison for the money to pay for this and other parcels whi [...] were bought at vendue: he gave me £600, and while I was writing a receipt for it, he said "perhaps I might not like to be concerned in the goods you have on hand." The receipt was nearly finished when this observation was made, I there­fore added words to this effect, that if a loss should obtain on the goods I had on hand at the commencement of the partnership, such loss should be charged to me. With this he was satisfied.

In the summer of 1782, two parcels of goods arrived from France, in which William Allison was interested. These were brought by him into the partner­ship; but they consisted for a great part in Marseiles quilting for men's wear, dimit­tys and other goods by no means saleable, many of which remained on hand seve­ral years after the peace and were sold at vendue to a loss: these two parcels a­mouted to about £1,600. A further sum of £150 in cash was put into the capi­tal by William Allison this year. The business was chiefly conducted in 1782 and 1783 until the peace by purchases of invoices and at vendue, to amount of £400 [...] and the sales were very promising to amount of £6000 and upwards, and although the peace caught us with a considerable value on hand and reduced that value at least to one half, yet on a rough statement in December 1783 and on a low valua­ [...] [Page 3] the goods then on hand, a profit appeared of £2000 supposing them sold at [...]ow valuation. While John Moylan was clothier General and when it was [...]lt to procure funds by the government to pay the people who worked up the [...]ng. I called on him with a friend and offered to supply those people to whom [...]derable amount was due, goods at retail prices, on his orders, provided he [...] to me the amount in notes of the financier, this he agreed to and I [...] and 1783 before the news of peace arrived to the amount of about which enabled the company to meet the fall in value of goods, much bet­ [...] would otherwise have been the case, had not this speculation offered.

[...]n summer of 1783 when I was at vendue buying such goods as I knew to be go­ [...] off low, a message was brought to me from William Allison by his son, to de­ [...] from purchasing any more at vendue. This I was chagrined at, because I knew [...]irst cost to be considerably above the prices I was buying at, and that we were [...]o vend the goods to a profit by retail. I however desisted, though at this [...] my own name only appeared in the business.

[...] August of this year three regiments of Massachusetts troops were ordered [...]hiladelphia, who had been paid three months pay for January, February [...]arch of that year—one month in cash and two months in the notes of the [...]ier. The officers and privates had drawn orders on their regimental paymast­ [...]r other months in that year, and it was expected by the officers, that though the [...]y would be settled with up, and paid to the 1st of January 1783, with notes of [...] paymaster General—yet that their future pay would be in money or the finan­ [...] notes. Some of the officers and privates had passed their orders for goods [...]th several shopkeepers, and it was suggested to me by John Lisle sen▪ that [...]erhaps it would be a good speculation. On hearing this I called on Peter White­ [...] of whom I had bought goods to a considerable amount to be paid for with the notes to be received from John Moylan, and I asked Whiteside's opinion: he said it seemed to be a good speculation, and gave me some goods to sell in that way, [...] did Stephen Austin also. Whiteside promised to ask one who could give the best [...]formation. I was sitting at my door at night, when Samuel Caldwell was go­ [...] home and I mentioned it to him—he did not discourage it, but signified that [...] called on him early in the morning, he would walk out with me to the en­ [...]pment and consult major Gibbs. I called, we went out, and Gibbs gave it as [...] opinion and as the expectation of the army, that their pay from January, would [...] paid in cash and notes of the financier—but that some delay might take place. [...]mmediately begun a sale, to the officers and soldiers of these regiments and con­ [...]ued it during five days to amount of 6000 dollars and upwards. In this [...] I [...] been frequently to enquire whether the speculation was safe, but not until the fifth [...]y did Whiteside signify it was dubious. I then stopped further sales, and in the [...]llowing year procured the paymaster General's notes for the goods sold. It may [...] be improper to add, that the goods were sold at fair retail prices such as I had [...] selling at for cash, having had a good opinion that the money was safe, though [...]ht not be very soon obtained. And to prevent the least reflection that might [...] on this business, I would not sell to the privates but in presence of a Captain [...]baltern, who staid to see that the men took no articles but such as were pro­ [...] for apparel. They were therefore marched into town in companies under care of commissioned officers. The paymaster General's notes were exchanged for treasury notes and equally divided one half in the name of William Allison and the [...]ther half in my name—his half was delivered to his executor John Bleakley, on [...]e 10th of March, 1789. The drawing of such a sum out of a small capital, was [Page 4] no doubt a heavy inconvenience—but I contend it was with the most upright vie [...] and at worst can be termed an unfortunate speculation.

In September 1783, William Allison signified that he could wish to go into [...] whole sale business; that he had a good store unoccupied at his house in [...] Street; that he expected several sums of money paid in, that were out at int [...] and he would be in time prepared to make remittance for goods to be imp [...] from England—intimating also, that if we could not punctually remit, the [...] would only draw 5 per cent, and that borrowing here was not easily done [...] per cent. I was no doubt pleased with a prospect of increasing wealth, hav [...] then a growing family to provide for. Accordingly the uncut goods on hand at my dwelling in Second Street were moved to his house in Front Street to amount of £3000 and upwards, and purchases were made of invoices to amount of £5000, and in the fall of that year he applied to Jeremiah Warder for a letter of introduction to his brother John then in London to supply to my order a quantity of dry goods [...] exceeding £4000 sterling. The order was sent and goods shipt per the Co [...] merce Captain Truxton to amount of £1349 sterling and per the Prince of [...] Captain All to amount of £1367 sterling. Those by the Commerce arrived [...] spring 1784 to good sales—but those by the Prince of Leige were unfor [...] carried to Fayal and left there until the ship Merchant came from Lond [...] [...] took them on board for Philadelphia. It was about September they arrived to a glutted market, and entirely out of time for the intended spring and summer sales▪ Here was a disagreeable situation, little money collected towards remittance, no hope of immediate or early sight of money for the certificates, which induced us to think of making no importation for one year at least. At this time it was my opinion that the whole stock of goods should be sold off at public sale and the mo­ney thence arising laid out in balloon certificates, but William Allison would not hear of it. That kind of certificates were then about 2s9 to 3s in the pound, not counting the interest due on them, and in fact there was more interest due, than the purchase money would amount to. This speculation would have been attend­ed with uncommon success, for,

In the fall of 1784, Francis Allison (nephew of Captain Allen formerly of the British navy, who died leaving his estate to be equally divided among the children of his three sisters, one of whom Francis Allison was) applied to William Allison to assist him in the recovery of his legacy. This was done by application to Mier [...] Fisher who prepared the papers necessary for the identification of the person [...] Francis Allison, and the house of Allison and M'Knight transmitted them to Warder & Co. of London to obtain the legacy. While the writings were drawing, it was considered, that as the sum was expected to be about £6000 sterling and that the Fishers house wanted £2000 in England, they would give a conditio [...] al bond for that sum to Francis Allison for so much to be placed to their cre [...] there—and pay him here, as he might have occasion for the money. It was there [...] concluded that the remaining £4000 should be placed to the credit of Allison an [...] M'Knight with Warder & Co. and a like conditional bond given and paymen [...] made to Francis Allison, when knowledge was received of the application. Thing [...] being in this train, but a few small sums would have been necessary for our purposes here, had a sale and investment taken place such as I proposed. Instead [...] which some years elapsed, with the goods on the shelves, no sales could be mad [...] of much amount, owing to the—then languishing state of the dry goods trade.

[Page 5] [...] the year 1786, it became necessary to make provision for payment of the seve­ [...] drafts of Francis Alison, which came on fast from Virginia—we were there­ [...]re under the disagreeable necessity of making sale, indeed of sacrificing conside­ [...]ble parcels of goods at vendue. These, w [...]ile William Allison lived were sold [...]der the name of George Seneff, because William Allison would not have them [...]nown as ours. With the money thence arising and sums borrowed from the [...] of David Caldwell and John Bleakley, those drafts were paid. In this year [...] consent of William Allison, the remaining goods were brought from his [...] to mine, where I had kept a few to sell by retail. Some were sold in this [...]ay, and much more sent to vendue—and to amount of £770 0 9 were sold to John M'Henry and Co. of Baltimore, which it is believed will with other claims of William Allison against the heirs of David Caldwell, extinguish any claim of that estate from his.

John Bleakley, in the year 1783, before his departure to Europe, appointed William Allison his attorney in fact, who at that time owed him as a balance of a former account £816. During his absence, the rent of Bleakley's Island and his other estates were received, money and bills remitted. Part of this business pas­ [...] through—the books of Allison and M'Knight, and appear therein when the [...] [...]fections took place—other part of this business was done by William Allison, [...]o about a fortnight before his death (which happened suddenly on the 11th of [...]me 1787) told me, that he was pressed by John Bleakley for an account between [...]hem from 1783 to 1787. I accordingly drew out from the company books all [...]hat had come to my knowledge—this I furnished, but it was not satisfactory. Then William Allison put his cash account for this estate into my hands, to draw out a full account of all the monies of Bleakley, had and paid by William Allison. This I did—and of course all the items of the account drawn from the books of the company, were included in this last account of William Allison, as the attorney in fact, for John Bleakley, the balance of which was £2518, in his favour: and to make the books of the company conform with this account, the balance of Bleakley's account in them was carried to the credit of William Allison. In the said [...]ccount William Allison makes a charge for commissions on the business done▪ of [...]71.—no part of which ever came as a credit to the company; therefore, the [...]hole was considered by me as a transaction which took place between William Alliso [...] and John Bleakley, and in this light it will be viewed now, as it was when the account was drawn out, because it is impossible to prevent the estate of Wil­liam Allison from being liable to the estate of Bleakley, for the balance. Yet this debt of William Allison, has been claimed from me, and suit brought in the year 1790—to which special bail was given.

In March 1787, I was appointed a Justice of the peace, for Walnut w [...]rd: the [...]ecessary attention to the duties of which office, I soon found would employ the [...]eater part of my time and the emoluments, I expected would prevent my d [...] [...] out of the funds of the company, any sum of consequence. I had no hope [...]m the deranged situation of the partnership, to expect to do more than close the [...]ounts in the best manner possible—which was well known to William All [...]son. [...] April or May of this year, Levi Hollingsworth and Miers Fisher, who had [...]een appointed trustees for Francis Alison, urged a meeting to take place relative [...]o his affairs. William Allison and myself went from his house, and on the way [...]he told me, that should a mortgage be required on his house in Front street—he [...]ould not refuse it. I then replied, that sooner than his real estate should be en­ [...]umbered, I would consent to the sale of all [...] goods at vendue, although it [Page 6] would be inevitable ruin to me. The conversation with Fisher and Hollingswo [...] ended in this—that we would in the quickest manner obtain money to pay the debt—and on our return from Fisher's house, William Allison expressed his plea­sure with the interview and could not account for how he got over giving a [...] ­gage. It may not be impertinent here to note, that when it was known [...] [...] ­ladelphia, how much Francis Allison was to receive, viz. £8000 inste [...] [...] £6000 sterling, he made a deed of gift to his daughter of £1500 currency, [...] a like sum was to be secured for his wife. One of these was to remain with A [...] son and M'Knight, on interest at 6 per cent. per annum. The sum applied [...] our credit in London, of Francis Allison's legacy, was £5773 sterling, all [...] which has been paid or drawn for in favour of him, or his trustees, excepting only the £1500—with some interest and a part of a few notes.

The pressing demands for money, induced William Allison to ride into Bucks County on the 11th of June, 1787, to obtain payment of £800 long due—and to settle other matters. He left town in his usual good health, but died suddenl [...] before night, in walking from one plantation to another. He was removed [...] town, and after his funeral, a rough statement of the partnership effects was [...] nished to his executors: some days after, John Caldwell expressed his fea [...] [...] John Bleakley as executor, would take the company claim against John M' [...] and Co. in payment of the claim of Bleakley against William Allison's [...] and Caldwell seemed pleased, that I had got back the rough statement which [...] had furnished. Soon after, a particular inventory of the goods remaining on hand; was drawn out, and the goods were valued by John Smith and Joseph Swift. Hol­lingsworth and Fisher, being pressing for payment of all but the £1500, I was con­strained to dispose of the goods by public sale, with the privity of William Al­lison, Junior, the only male heir of my late partner, then about twenty years of age. He took some of the goods to vendue himself, and paid the proceeds to Levi Hollingsworth. In October or November 1787, William Allison the young­er died, after a short illness, and I continued making sale of the goods, principally at vendue, to make the necessary payments. Towards the end of this year, I settled the account of Francis Allison, with his trustees Fisher and Hollingswort [...] by giving a variety of notes, payable at several times in 1788—the most of which were paid—some remained unpaid in the hands of Levi Hollingsworth—on which partial payments were made, until September 1789. At this time, suit was brought by Fisher and Hollingsworth—against me, on the bond for £4000 sterling and judgment was had in Ju [...]y term 1790, with stay of execution until the 15th of September in that year.

Several applications had been made by the executor of William Allison, for a settlement of the partnership accounts, but it was impossible to render any sati [...] factory account, until the whole of the goods were sold and such debts collecte [...] as there was a probability of being good—but an expectation I had of borrowin [...] such sum as I might be found to owe the company, and a wish to procrastinate [...] settlement, until I was enabled to make payment—as also waiting for the appr [...] ciation of the value of my share of the certificates, were motives that governe [...] and to me appeared insuperable barriers to the effecting such settlement. Besid [...] the executor was the creditor, of my late partner—and his claim was great. I was fearful that the few lands I had purchased for my children, would be sold from them—and I was certain that the landed property belonging to the heirs of my [Page 7] [...]tner, would be sacrificed. I therefore wished to procrastinate the settlement, [...] order that not only my own certificates, but also those of the heirs—should [...]preciate—for I knew my partner had a little before his death, at least 5000 dol­ [...] in the public funds, which with 3000 of his in my hands and afterward de­ [...]red his executor—was an object worth striving to save—his real estate in [...]delphia, though valuable, could not have been sold at the time, at any thing [...] its real worth: neither could his plantations in Chester county—nor his un­ [...]ed lands in Westmoreland and Northumberland counties. However, because [...] could not name a precise day, when the accounts should be settled—after the [...]it was brought by Fisher and Hollingsworth—John Caldwell, brought an action [...] account render against me. This chagrined me much, because I had sacri­ [...]ced a great part of my share of the goods of the partnership to prevent the estate [...]f the heirs from loss: and was striving and did prevent suit being brought for more than two years after the death of my partner; whereas had I opened up the business at his death, more loss to his heirs would have taken place, because his [...] estate and certificates as well as the goods on hand, must have been sold at a [...] value.

[...] may be objected that my share of the certificates obtained for the goods sold to [...] Massachusetts line, were not applied to pay the partnership debts: to this I answer, that it was my desire to retain them until they should be worth 20s. in the pound—but unfortunately for me I employed John Caldwell, to defend an action, which the Bank of North-America brought against me, as the drawer of two lent notes, one to Mease and Caldwell for 250 dollars—the other to Samuel Caldwell, after the death of James Mease, for 250 dollars to take up the former, both of which were left unpaid at Bank, by Samuel Caldwell, although he pro­mised they should be taken up—and the president, while I was at Bank—on other business, was shewn these notes by one of the clerks, when he told the clerk not to mind, for that Mr. Caldwell promised to settle them. John Caldwell neglect­ed to acquaint me of the day of trial, until the day before it, though he knew well [...]hat I wished every legal delay to take place, and I suppose from the delicacy of [...]se, which I wished opened in court, he declined speaking to it. I then told [...]im I would employ another lawyer, which I did with his approbation, who I [...]elieve did all he could to put it off, but was obliged to confess judgment, though [...]e said he could have procrastinated it, had he been earlier employed. This is [...]ufficiently confirmed by the management of another suit brought by the bank, against Allison and M'Knight, at the same time with that against me, which that lawyer kept off until April 1792—when judgment was given for £384 odd, whereas the other judgment was obtained in 1789: after which a fieri facias, issued [...]hich obliged me to sell a certificate of 2500 dollars, to make payment of about [...]00 dollars—the amount of the notes interest and costs, which I paid to William [...]wis. I sold the certificate to Matthew M'Connel; to whom I also sold the [...]mainder afterwards. Although suit was brought against me by the Bank for [...]ese notes—I considered that I was by no means liable to pay them, especially [...] Mease and Caldwell had two shares of Bank stock, which the directors had it [...] their power to apply in payment of them. They were lent notes and should have been taken up by Samuel Caldwell, for although I had an unsettled account [...]ith Mease and Caldwell—it is my belief that house on a fair settlement, will be found in my debt. The first note lent was for 1000 dollars, which was taken up at maturity, and another lent, for 800—this was taken up and another lent for 600 which was taken up and another lent for 400, this was also taken up, and another [...]ent for 250 which was not taken up, but another lent to take it up with; neither [Page 8] of which were paid until judgment was obtained against me, when I was ob [...] to pay them with near £.900 of my certificates, which, together with one hal [...] the losses in the partnership, will constitute the sum which will be found to be [...] greater part of my debt to the company. When Samuel Caldwell assigne [...] effects to James Miller and Robert Millegan, in the list and opposite to the [...] stock, he writes—that if on a settlement of account between Mease and Cal [...] and Robert M'Knight—they should fall in his debt—this stock should be a [...] to the payment of th [...]se notes—or words to this effect, as well as I can remem [...] the said list being left some time in my custody. But lately I have been infor [...] that the Bank had set off the stock of Mease and Caldwell, against some indo [...] ment of theirs for a friend.

On the 16th of September 1790, Miers Fisher and Levi Hollingsworth as tr [...] tees of Francis Allison had me taken on a casa—this I understood at the time [...] by the persuasion of the executor of William Allison, (which has been confirm [...] by a note lately received from Miers Fisher,) although it has been asserted o [...] wise. Since that day I have been confined in prison; a great deal of slander [...] hear has been passed upon me; no advantage has been obtained by my co [...] ment, without it be thought an advantage to oppress a man who has done [...] was in his power to procrastinate the day of payment by the [...]eirs of Willia [...] [...] son—for had suit been brought immediately on his death the estate would no [...] sold for one half, nay a third of what it will now sell for, the certificates belon [...] to it, if held to this time, are above par, and much less difficulty has arisen to [...] heirs by the management of the company effects, th [...]n would have taken place [...] an earlier knowledge of the business of the partnership, and had I not had go [...] reason to hope to obtain a loan sufficient to enable me to pay my debt to the com­pany, I undoubtedly would have shewn such statement of the accounts as was i [...] my power. That other motives than those of prudence governed those who ca [...] sed my confinement, to the taking that step, is evident from this, that my ch [...] tels if taken on a f [...]ri faci [...]s would have paid part of the debt, that a levari faci [...] might then be had for my lands in Pennsylvania, and in case that they proved [...] [...] sufficient, a ca sa (should it be thought necessary) might still have been had t [...] I was under special bail for £.1200, and that every sentiment of honour must [...] left me, before I would do any act, to prejudice the gentleman who was my [...] that I had a tye that would prevent my absconding (which my persecutors ha [...] p [...]ended to suppose) a wife and five children, who could alone depend on [...] for support—one of whom by their inhumanity I was precluded a [...]ight of, wh [...] dying, although it was much desired by the child, a boy of near nine years o [...] every offer that could be made at the time proved nugatory, to the unfeeling pe [...] sons I had to do with, though no advantage would have been taken on my part.

A few days after my confinement some of my friends wished me to make o [...] tures, which I did in writing to this effect, that if all the suits were withdraw [...] would state the accounts charging each partner with his share of outstanding d [...] and bonds as also the real estate of the company, that then on a fair investigat [...] whatever sum should be found due by me to the partnership I would give my be [...] for, to the heirs of William Allison, to be paid by installments, and in the [...] time I would assign all my share of the debts, bonds and lands, as a security to t [...] heirs.—But this offer was contemned. In August 1791, Doctor M'Henry calle [...] to see me a little before the death of Mrs. Allison, he seemed inclined to do e [...]er [...] good office to obtain my enlargement, to whom I made this offer, that I w [...] engage to pay two thirds of any salary I might obtain in any office, annually, [...] [Page 9] [...] the extinguishment of whatever balance might be found due by me. But [...] the Do [...]tor took some pains in this business as he told me, yet the final an­ [...] was, that nothing short of an assignment of all my effects would satisfy. This [...]ould not consent to, because I considered that the landed property I had would [...] than pay all my debts if time was given and I did believe that I could not be [...] a bankrupt, my case in strictness not coming within the bankrupt acts. On [...] [...]th of September 1792, John Lisle, Jan. called to acquaint me of an adver­ [...]ent which appeared that morning in Dunlap's paper, for an accountant i [...] the [...] of North America. This being an office which I could fill in [...]. [...]d Mr. Lisle to call on John Bleakley and acquaint him that should [...] would apply two thirds of the salary to the payment of my debt and wrote him in [...]hese words. ‘Sir, I understand that the bank of North America has adverti [...]ed for a complete accountant, this office I am able to fill and if I should obtai [...] it, I engage to let two thirds of the salary go in extinguishment of the claim [...] the heirs of Captain Allison or yourself may have against me, on [...] [...] ment of the partnership accounts, which will not depend on me totally, [...] must be established before the Supreme Court. The judgment against [...] of the bank will be looked for from the heirs: which may be prevented by [...] industry of Robert M'Knight.’ On the 7th not having had any commu­ [...]ion with John Bleakley, and fearing the place in the bank might be fil [...] by [...]other, I wrote the President in these words. ‘Sir, Having seen an advertise­ment in Dunlap's paper for a complete accountant, for the bank of North America, and being conscious of my capacity of filling that office with advan­tage to the institution and with honour to myself, and more especially being anxious for an exoneration by payment of the debt due to the bank for which judgment was obtained against me in April last—I offer my services to fill that office. I have signified my intention to John Bleakley the executor of Captain Al­lison my late partner, and offered to apply two thirds of the salary towards the extinguishment of such balance as may be found against me, on a decision of the Supreme Court. As yet I have not received his full de­termination—but I suppose should no obstacle prevent my approval by the directors—Mr. Bleakley will accept the proposed terms, and relieve me from a long, unprofitable and unnecessary confinement. As to my fidelity I have no doubt of giving full security.’ In the afternoon of this day [...]ohn Cadwell and John Lisle Junior, called on me, when I made an of [...]er which [...] will be found, had it been accepted, would be more beneficial to the [...]irs of William Allison, than will take place by making me a bankrupt. I offered to mortgage above 2000 acres in Northumberland county, as also my half of the company lands in Virginia and Kentucky, for such balance as should be found [...]gainst me, on the action of account render, which balance was to be of [...] auditors and their judgment approved by the Supreme Court: that I would [...]y two thirds of such salary as I should get from the Bank or otherwise, and [...]st, that the interest of my debt to the heirs should be paid annually—and [...] requested was, that my lands should not be liable to sa [...]e for ten year [...], pro­ [...]ed this stipulation was complied with *. From the fairness of this offer, I had [Page 10] reason to expect an agreement to take place—but because I did not make such closure of my effects as pleased John Caldwell, things were left in a loose [...] [Page 11] [...] the 18th of September, when I wrote to him in the following words. ‘Sir, [...]ver [...]l days have elapsed since our last conversation, without any [...]ituation [...]m you as to what Mr. Bleakley has decided on respecting me. I [...] you [...]w, because I hear from a friend, who has been assured by one of the directors [...] the Bank, that a conversation was had, relative to the office for which I applied, [...]d that there was the highest probability that it would be given me, was I not [...] confinement. I am well convinced that it will be for the benefit of the heirs of [...]n Allison, if my proposal be accepted—but as you signified that Mr. Bleak­ [...] would not bind himself by any covenant—to obviate which objection, I offer [...] this way—that two thirds of such salary as I may obtain in any public or pri­vate office, on my liberation, shall be faithfully applied towards the extinguish­ [...]ent of such balance, as may be found due by me to the heirs▪ on the decision of the action of account render, and that if it shall appear that I had a certifi­cate to the value of one dollar, at the time of my confinement, or have had any since, save about 65 dollars got for prizes in the United States lottery which [...], mere accident I was informed since my confinement, could [...] for [...]ch prizes—that then the lands offered on mortgage, may be sold [...] [...] years—and if the two thirds of such salary, be not sufficient to [...] annually, of what I may be found in debt to the heirs th [...] [...] may be liable to sale, notwithstanding the reservation. I [...] an answer, if possible to day, for if my liberation be delay [...]d until [...] [...] fice in view be filled by another—it will retard the payment to the [...] may be in the power of Robert M'Knight.’ Notwithstanding th [...] [...] on my part, the managers for the heirs of William Allison, [...] [...] cept it. On the 26th of September, I wrote John Bleakley [...] ‘Sir, I did expect you would have called on me yesterday, with Mr. [...] well, when we might have talked over matters, for the [...] of the h [...] Captain Allison. I think I could convince you, that the harthness of my [...] ­finement, has produced no good to the heirs; but a temporary injury to them, and a very heavy loss to me. Two years confinement, from the [...] of my industry, for a family, who depend on me for support, is not a [...] [...] ­nience. But setting aside every other consideration but that of the [...] of the heirs of Captain Allison, by my liberation—I assure you it was from that motive, more particularly than any other that I addressed you [...] in order to fill an office in the Bank, which would prevent the heirs [...] cal­led upon for payment of the judgment obtain [...]d ag [...] [...] of the firm of Allison and M'Knight—than [...] it was [...] as well as the Bank, that I should fill the [...]mploy [...] eye to my own advantage, I could not even suppose, you [...] [...] ­tention to any overture of mine, since you took the harsh [...] my [...] finement under a ca sa—especially when you knew that I was [...] specia [...] [...] to an action of your own for £1200, and that sentiments of prop [...]y [...] I hope will never leave me) would have prevented my [...] or its neighbourhood. In the conversation had with Mr. Ca [...]w [...]ll [...] he seemed to expect a personal security, for the se [...]ement of the [...] my liberation in a reasonable time, and that the debt found ag [...] [...] be secured by other security than my own—to the first clause, I am [...] concerned, but I could find it, although I have not as yet [...] to the last clause—I do not know any to [...]. I am sorry to [...] the heirs injured, by the latter stipulation—becau [...]e I have [...] pay every just claim, and have done so, as far as I have been [...] [Page 12] the accounts of the partnership come to be closed, my actions will [...] in a favourable rather than a contrary light. What do I offer but thi [...] [...] the sum sound against me—not my own statement of it, but that first scru [...] by auditors, and afterwards reviewed and adjudged by the Supreme Cour [...] on this sum, I will continue to pay two thirds of such salary as may be [...] me, in a public or private office, or at least the interest of the debt [...] paid, or in failure thereof, to suffer the lands mortgaged to be so [...] ask is, that by complying with the payments stipulated, the lands [...] for ten years. Every one knows that nothing near their value, can no [...] [...] tained for them, and that if any accident should happen to me, they will [...] tually belong to the heirs. But this as I understand cannot be complied with unless a settlement of the partnership accounts take place first: this ho [...] cannot be done with precision, until the present ca sa against me be satisfied, [...] is supposed to be satisfied. If I am to be confined until I find funds for th [...] payment, it may be a considerable time before I can find a friend, to advanc [...] them, and then the heirs will be chargeable with the half thereof. But if it [...] paid by them, I will be chargeable with one half of what they pay. If [...] Bank think proper to employ me, the heirs will be chargeable with on [...] what I answer to the Bank—So it will follow with all other debts, w [...] partnership owes. As for those debts owed to it—each partner is [...] one half, and when received (if assigned to the heirs) credit should be g [...] to me, for my half of such sum received. The losses will be charged in equal portions to each partner, and what the partnership owes to one, the other part­ner will owe to it, or in other words, the balance of both partners accounts will be the same, only on different sides of the account. These principles of settle­ment will meet the conviction of every mind, and a settlement on those p [...] ­ples will not bring me indebted to the heirs (as I think) so great a sum a [...] balance due to you by Captain Allison, as stated by him in the account, he furnish [...] ed you May 28, 1787, which was £ 251872 and which comprised every receipt and payment for you, which came within the partnership, as well as the sums he used for his own purposes. I have understood indirectly, that you would [...] have kept me confined one minute on your own account—if this is truly rep [...] you have it in your power to take me for that balance, if I should be fo [...] much in debt to the heirs, secured by a mortgage as above mentioned, [...] the claim of the heirs should be established above that sum; which I much que [...] tion, such excess may be secured by the same real estate; which I am confident is more than sufficient to secure every just claim against me—especially as [...] industry is also bound. This latter subject being within your power, and [...] less than I would do if our situations were changed—which is the only apol [...] gy I can offer for mentioning it, for Mr. Caldwell, seemed disinclined throug [...] [...] to mention any thing to you, that might any way lessen a responsibili [...] of the heirs, for the sums particularly chargeable to them by you. I know [...] claim you have against them, is better secured than I can make it—but [...] censure in any respect you may be induced to take—those lands of [...] than contribute to the further confinement of Robert M'Knight. The [...] are but two purposes I can suggest for your wishing a separate account of th [...] [...]inct charges and credits respecting the partnership, and that of Captain Al­ [...]—one is favourable and would lead me to believe you inclined to take me, [...] of the heirs, should the amount answer your expectation—the other [...] the contrary and on principles of humanity, I will not suppose—because perad­venture it would produce a continuance of my confinement. As Mr. Caldw [...]ll [Page 13] [...] me I could not expect to know the motive—it is impossible to decide. [...]owever if neither of my offers can be accepted, I know I must feel the harsh [...]ects of the law.’ In reply to this Letter, on the 28th I received the following from John Bleakley. ‘Sir, Your favour under date 26th instant, was han­ [...] me last evening about six o'clock. It is impossible for me to determine what [...], while every transaction relative to the partnership is kept so much out of [...] even the lands proposed to be mortgaged and which you confidently [...] be more than an adequate fund, for payment of any sum, which may [...] against you. When furnished with more facts, I can be more explicit. [...] you will believe me, when I assure you that no one deplored the necessity [...] compelled the measure of confinement more than myself.’ To th [...] note [...] the following answer. ‘Sir, Yours of this day reached me about 1 o'clock, [...] of yesterday I find, was dated one day earlier by mistake. Though y [...]u may have been urged by other than your own feelings to cause my [...] [...]ent, I think that after its continuance for upwards of two years, you me [...] [...] [...]edge it has produced no good, but great loss to me, and pr [...]nted my [...] make payment to the heirs. The accounts would have [...] [...]he balance paid, had I not been disa [...]pointed in the loan [...] [...]ble prospect of borrowing. The settlement will however [...] [...]ebt for which the ca sa was taken, is satisfied—while I am in my [...] [...]tuation, the settlement can be made only on suppositions that may never [...] [...]duced to facts—and on facts alone, can the settlement be made. But when it is made, immediate payment cannot be expected, of a man however willing to exercise his industry, who has been so long precluded from that exercise, and whose character has, as he hears, suffered from the telling of one side of a story, only. To himself, being conscious of rectitude, such stories will not be felt—though they have too much weight in the minds of those, who will not take the trouble to hear the whole matter. The necessity for my confinement, I cannot see—the interest of the heirs of Captain Allison, would be more pro­moted by the endeavours of those concerned, to obtain me such post, from the emoluments of which I might be enabled to make payment—rather than by a hindrance of the exercise of such talents as I possess, and would have employed for two years back,—for that purpose. And notwithstanding the error commit­ [...]ed by my confinement and the consequent loss that has taken place, I still hope to see the day, that I will be able to satisfy every debt by payment. I cannot tell how many years may be considered as necessary to keep me in a prison, in order to pay my debts—but I believe very few will suppose, that a continuance of the present harsh treatment, can hasten the wished for event. I rather sup­pose that as the error is committed, it is continued, to keep up an appearence of consistency—but I know, if I had committed such an error, I would as early [...] possible, take such measures as are feasible to make things as easy as possible. The facts within your knowledge are, that since the death of Captain Allison, [...] have paid debts of the partnership above £1300, that I paid yourself 3000 dol­lars in certificates—that the partnership owed two debts, on both of which judg­ments have been had—that because you thought it would be advantageous to the heirs, you persuaded Hollingsworth to confine my person, by a casa for one of them,—that although two years have elapsed no payment has been made by me, that the settlement of the partnership accounts must depend on facts—that those facts cannot be ascertained while my confinement continues—that I have cer­tain lands in Northumberland county Pennsylvania, which I am willing to mort­gage as well as my half of others in Virginia and Kentucky, if it is agreed to [Page 14] accept them in a way safe for myself, and not unsafe for the heirs—th [...] there was a probability of obtaining a good office in the Bank, and in o [...] pay the whole of a debt against the partnership, I made such overtures [...] as almost any distinterested person will say were proper, because you as [...] tor can be accountable for no more than does reach your hands—that tho [...] might have scruples as an executor, yet the estate being in your debt, to a [...] [...]erable amount—you can without the least blame, take a debtor of the [...] instead of the heirs [yet I dont urge this, because I do not cons [...] [...] pert as being as fully sufficient as theirs]—that I had an equal sum in [...] with those delivered you—that I was obliged to sell the greater part of [...] pay a judgment obtained by the Bank for notes given to—that I did [...] until a fieri facias was out against me, and this at a time I had hopes very [...] borrow as much as would pay the balance against me, in the partnership— should a settlement be made in prison, while under the present ca sa, it may [...]tinued until another take its place—this I mention because you act or scen [...] act from the influence or persuasion of others rather than from your own se [...] ments, and I am not to suppose that those who urged so cruel a step as my [...] finement, will be very willing, even if their interest was against it—to confes [...] error. Let me now draw a few inferences from those facts, as well [...] which perhaps you are not so well acquainted with, in order to [...] [...] ter in the light in which it ought to be viewed. Upwards of £5700 [...] was placed to the credit of Allison and M'Knight in London, (they had [...] sion for only £3300) every farthing of which has been paid or drawn for, favour of the attorneys of Francis Allison, excepting £1500 currency with for interest, and a few notes not totally paid to Hollingsworth— how it has be [...] worked up to more than £1900 I know not. £1700 sterling of this mo [...] might have been drawn for and applied to the purchase of certificates, w [...] had I done would certainly deserve censure—though it would have been succe [...] ­ful. Warder on a disputed balance of the account, offered me £110 sterlin [...] which I might have applied in the same way—but I assigned the partnership claim against him to Fisher and Hollingsworth—for I never considered that [...] company had a right to account with Francis Allison for more than was [...] to its, credit for its own purposes. The £1300 currency paid since the dex [...] Captain Allison, might have been laid out in certificates also, and altho [...] was my opinion that money laid out in that way, would be the most adva [...] ous—yet as I had none of my own to spare; I never applied any in that way— if I had, I would now be called a second Daniel. My wish was, in fall [...] to sell off the whole stock at public sale, and invest the proceeds in certifica [...] 2s. 9d. to 3s. in the pound, as I knew some others were doing—because th [...] goods business then, was in a languishing way, and it was dangerous to [...] goods or procure good prices for them—but this Capt. Allison would not [...] sent to—therefore it was not done, though I was advised to do it. [...] Pierce's notes were obtained, for the goods sold in 1783, to the Massach [...] line, I had them exchanged at the treasury of the United States, in two [...] portions, thinking they should be divided in that manner, because of the [...] price they bore at the time, and that they must eventually be charged to [...] partner at 20s. in the pound. My share I kept as long as I could, the other [...] delivered you, without the least reluctance as you may remember. The [...] in Northumberland, were divided in like manner, as by copy of a letter I re [...] to Mr. Caldwell appears, and which I suppose he informed you of. At the times I did apprehend that no loss would a [...]crue—nor would there, if my advi [...] had been followed. The loss took place at vend [...]e, before, as well as s [...] [Page 15] [...]aptain Allison's death, because of the pressing demands for money, and [...] of funds to carry on an [...] importation business on hopes only—for it canno [...] [...]posed that I would have consented to give up a retail trade, that was promi­ [...], without the hope of a larger capital being put into the company, by Capt. [...]son. My own was all in. I was rather averse to begin a foreign trade and [...]ted out the inconvenience to him in his own house—but he thought he had [...] good store unoccupied and to my misfortune, I agreed to his views: for he [...] several sums then due him, which I am sure he believed to be able to [...] [...]hortly. The debt that will be found against me, will appear to arise [...]ally from losses in the partnership—not of my making: therefore I con­ [...] all the censure that I hear has passed upon me, as a robber of the widow and fatherless—to be entirely unfounded, and as I before mentioned, as long as I can view my conduct in that unbiassed light, I do—I am careless of and above censure. My views in a settlement on the other side of Schuylkill, are innocent and not at the cost of the heirs, as I have understood is said. My industry in prison, [...] raised funds to get an abiding place for my family, should it be my hard lot [...] be longer continued in confinement—there my children will learn industry [...] get their bread in the most quiet and honourable way by agriculture: if I [...] procure employment where I am, I will continue to exert all my abilities [...] [...]ir advantage—and when it shall please the guardians of the heirs of Capt. [...] to perfer their interest, to considerations foreign to it—I may be rendered in such situation, as to make full payment in a reasonable time—which perhaps may never be in my power, if a prison must be my portion many years longer. From the whole, I think this conclusion may be fairly drawn—that it is more for the interest of the heirs and all those concerned to accept my offer, by which something will be got, if not immediately in money, yet with a feasible pros­pect of obtaining full satisfaction of every farthing that may be legally establish­ed against me—whereas the contrary must produce temporary inconvenience to the heirs, and much loss to me, which no doubt will retard my exertions in their favour. Besides, if I was at liberty to look after business, it may be shortly in my power still, to find a friend to lend me what will be due to the heirs; which anticipation be assured would be most agreeable to, Sir, your most hum­ble servant, Robert M'Knight.’ Some days elapsed, before I had an inter­ [...] [...]th John Bleakley and John Caldwell, which interview I have reason to [...]ve was with intention of finding out by my conversation, whether I would [...] to be [...]e a bankrupt—and on my saying I certainly would not—John Cald­ [...] plum [...]d himself in the discovery and said, come away Bleakley—soon after [...]ch they retired. I considered my case is such, as did not strictly come within [...] bankrupt act: for the debt due to Fisher and Hollingsworth, arose from trans­ [...]ons prior to its passing—and the debt due to Bleakley, was properly that of [...]lliam Allison as his attorney in fact. Besides it was rather straining of the [...] to make me a trader under it: however it is done and I shall submit, though [...] I money to spare to fee council, I could have contended and succeeded too. [...] [...]he 16th of October, I sent my books and papers, with the deeds of my lands [...]he bankrupt office, and on the 18th conformed before the commissioners in [...], because the same harshness was continued, as had caused my confinement. [...]et I thought that having taken all my property—my person might have been libe­rated, and the commissioners saved the trouble of calling upon me in prison. For this purpose I wrote to John Bleakley—but he informed John Lisle, Junior, he could not interest himself in my liberation, Hollingsworth and Fisher, [...]ere the persons to whom application should be made: I then wrote to [...] Fisher who sent me a verbal message that he informed Clement Biddle [Page 16] the day before that if John Bleakley would send a note signifying his [...] sent, they would discharge me. I then wrote John B [...]akley the follo [...] note. ‘Sir, I have received a line from Mr. Lisle since I w [...]te you this mor [...] informing me that you called on him and told him you could not interest y [...] self in my liberation and that Fisher and Hollingsworth were the persons to [...] application should be made. In consequence of which I have written to [...] Fisher, and he informed the bearer of my letter that if you would apply to [...] for a discharge, they would approve by signing it this night, how you w [...] in this business I know not, but if your profession [...] in the last letter I had [...] you is to be explained in a favourable manner, I think you have humanity [...] nough to do all in your power to relieve my person, as you have taken all [...] property from Robert M'Knight.’ My son carried this and Bleakley told [...] he could not do it, because it would make him liable to the heirs of Captain A [...] son, and John Caldwell advised Bleakley not to do it. On the 19th October, [...] wrote to Miers Fisher in these words. ‘Sir, It is very disagreeable to me to [...] troublesome to you, but as I have made application to Mr. Bleakley and [...] averse to write to you on the subject I could wish to know if any other st [...] necessary to be taken in order to release my person from confinement. He [...] John Caldwell say it will make Mr. Bleakley liable to the heirs of Capt [...] [...] son, but surely as you have had judgment against them as well as me, [...] is bound for payment thereof. Cannot I be relieved on an habeas corpus [...] shewing that I have complied with the Bankrupt act. The spirit of the [...] stitution is that on delivery of the property, the person of a debtor shall not [...] confined. If there is no way by which I can be liberated but with the con [...] of Mr. Bleakley, I fear nothing will be done by him, bu [...] if there be any, so th [...] the claim may be secured I hope you will point it out to sir your humble serva [...] Robert M'Knight.’ To this I received the following reply. ‘My friend, th [...] is no kind of doubt in my mind but that the trustees of F. Allison could dischar [...] thee from custody upon the casa at our suit without prejudice to our claim agai [...] Captain Allison's estate on the judgment against his executors and so I have [...] peatedly mentioned both to Bleakley and Caldwell: but doubts are entertai [...] by them or their counsel on the subject, and it does not become us as truste [...] [...] enter into any doubtful disputation—I therefore proposed that if they as ex [...] tors of Captain Allison would direct a note to us requesting thy liberation, [...] even acquiesing in it, so that no dispute should be raised about it; we wou [...] immediately sign an order for it. If they will sign such a paper we are ready [...] all times to do what is necessary on our part: if they refuse to do it, they [...] thy detainers, not we; for th [...] casa was issued at their request, for their bene [...] and has always been under their command, we are not responsible for the ha [...] ship in any moral, civil or christian sense of the business, we being mere ins [...] ments having no will of our own, though we should be glad to receive directi [...] to relieve thee—thy respectful friend Miers Fisher.’ Wishing to obtain my [...] lease, in order to attend at the Bankrupt office, to prepare a state of my case, wh [...] I could have constant access to my books and papers, I applied to the inspectors [...] the Debtors Apartment for an allowance of seven cents a day, my case being stri [...] ly within a late act for the relief of poor debtors, because I had delivered up all my property—and thinking that the spleen of my persecutors would not continue [...] as to make the necessary weekly payment, by neglect of which after ten days no­tice—the inspectors might discharge my person from prison—but in this I have been mistaken. The same invet [...]y shews itself in the punctual payment of the forty nine cents per week, which they solicited Miers Fisher to allow them to pay. [Page 17] [...] offered to enter special bail to the action which Bleakley brought against [...]ut this has been hurried on to judgment in the common pleas within a few [...]hough I had ordered it to be removed into the Supreme Court and paid the [...] of an habeas corpus so long ago as July 1791. How this has been managed [...] [...] having seen my lawyer since I was declared a bankrupt.

[...] proper to shew in what manner I became possessed of the real estate [...] [...]ve delivered up. In April 1784, Charles Gillespie who had been con­ [...] [...]he taking up land in Northumberland county with William Allison be­ [...] war—came to town and applied to him to purchase the share obtained for [...]overy and trouble. This was agreed to, as the payment was to be made in [...]d [...] to amount of £343, which were charged to William Allison. At this [...]llespie shewn us a draft for 2037 acres which he said was a blind survey made [...] the war by a surveyor since dead—and he offered to take payment of the [...]ery partly in dry goods—accordingly an agreement was made and the land [...]. When conveyances were to be made, he sent down John Painter [...]or [...] and the following is an extract of the letter wrote to him on the subject [...] 1 [...]85. ‘We have sent by him eight blank conveyances as you directed [...] you to divide the whole tract into two equal parts as near as may be, [...] the best division to be by the line which cuts the draft from east to [...]. those in the names of Wilkinson, Foster, O'Hara and Jackson, to be [...]yed to one of us, and the remaining ones of Newman, Witherspoon, Dix­ [...] Lampton to the other, If it should so happen that any preference in this [...]sion may obtain, give either of us the chance by lot and complete the con­ [...]yance of four tracts to William Allison and the other four to Robert [...]'Knight.’ The conveyances were accordingly made, patents obtained and I [...]ered to William Allison his four, reserving my own, which together amount [...]18 ½ acres of land. When John Painter got the blank conveyances, he told [...]f a discovery he had of between 800 and 1000 acres, and offered it to me, for [...]o in goods which I agreed for—at that time having by me a few depreciation [...]ficates which I received from John Snell in payment of a debt he owed me be­ [...] the partnership of Allison and M'Knight commenced. With these I paid the [...]se money—and I had the land patented, the quantity being 868 acres. In [...]ber 1784 Samuel Young called upon me and signified that himself, Doctor [...] Joseph North and Richard Renshaw were about sending out Benjamin Ste­ [...] into Kentuckey and each to have 10,000 acres surveyed. The expense to each [...] to be only 300 dollars, one hundred of which was to be paid immediately for [...] land warrants another by a draft from Kentuckey abo [...] the time the surveyors [...] going out and the remainder when the patents were delivered. I had sold [...] £400 worth of goods to James Watt, who was to have paid for them in [...]rch 1784, but he had run off to Kentuckey where I heard he was, and in hopes [...]etting some or all the money by Stevens, I engaged him to apply to Watt, and [...] he obtain the money there I was to have recourse on the persons h [...]re who [...]yed him. I therefore agreed for taking up 10,000 acres for 300 dollars on [...] terms with Young, &c.—but did not get the patents for a considerable time [...]wards. I however recovered part of the money which Stevens obtained from [...]t and have his bond—so that the whole can be secured that he received, which [...]he said was 300 dollars. In April 1785, Isaac Sidman sailed and I was chosen [...] assignee with John Shields, William Key, and others. Sidman had [...] William Stuart to have 80,000 acres of land surveyed for him in Virginia, and [...] [...]greement was—that Stuart was to have one third of the land he should [...] that it should be patented for him—clear of any expense. The assignees met [Page 18] Stuart, when he offered us three the whole of his share for 1000 dollars, whic [...] [...] agreed for—9000 acres each for 333 1/ [...]; dollars—payable one half on his setting [...] for Richmond with the surveys to lodge them in the office six months, in orde [...] obtain patents—and the other half when the patents were delivered—whic [...] [...] complied with, and all the writings drawn under the direction of Miers [...] [...]fter the death of William Allison, I applied to Myer Hart to know if h [...] [...] make any further payment of his bond. He assured me it was out of his [...] but that Smith his partner had a right to donation lands in Pennsylvania— [...] had his power of attorney to sell them, and that he would let me have the [...] [...] current price, which was at the time about eight dollars for 200 acres. I agre [...] [...] them and had them patented and took the deed of Myer Hart and gave [...] Hart and Smith for six pounds the value of 400 acres. The only remaining [...] culation in land in feesimple, is that of a lot of ground in the town of Montgom [...] ry. [...] arose in this way, Thomas Proctor was sued before me for a small deb [...] ▪ He then had a lottery on foot and rather than issue an execution against an old a [...] ­quaintance I settled the debt and took from him a ticket in his lottery, in which [...] drew a prize of that lot.

In July 1790 fearing that judgment would be confessed against me, in [...] brought by Hollingsworth and Fisher, and knowing that it would be di [...] [...] to purchase goods for sale, as they might be levied on to the prejudice of tho [...] [...] who might be willing to sell to me on credit, I declined to go into any mercan [...] transactions—for at this time few or no emoluments were obtained from my offic [...] as a justice of the peace—I applied to John Shields to purchase a place of a hundre [...] acres on the other side of Schuylkill. We went out in his chair to see the land [...] there was no dwelling house on the premises such as I could expect my family [...] occupy—yet I thought that if I could exercise the duties of my office in the cou [...] ­t [...]y, I could erect a dwelling—for at that time I did not know that the place w [...] in Montgomery County, the deeds which I saw being expressed as in the count [...] of Philadelphia. The price was to be £300. About this time Captain Feariss ha [...] resolved to accept the award of referees in four actions he brought against Andre [...] Caldwell, and as I had assisted him in stating his claims, without the hope or [...] reward save only a sum of money sufficient to pay my company debts, whi [...] would have secured to him by a mortgage of my lands—and as the award fell [...] ry short of my expectations, I thought that he might advance so small a su [...] would purchase this place. I asked him and he agreed—but when Mr. Shie [...] put the papers into my hands to draw a deed from, I found that William Tu [...] ­bull had given power to sell—but not until January 1791, of course all that cou [...] be done was to draw an agreement, Feariss to purchase and John Shields [...] convey, for it never was my purpose to have the fee simple in me until I could pa [...] [...] purchase money. This agreement was completed, and I expected [...] would [...]er me to cut down the wood and sell it in the winter, in ord [...] to pay [...]. But this he would not agree to, as John Shields told him he wo [...] bring an [...]ction of waste. However, Feariss continued to assert that he would [...] for the place when he got his money from Andrew Caldwell, which when he [...] ­ceived [...]e excused himself from doing. This obliged Shields to bring an act [...] against Feariss, on the agreement—and as I understood that, should Feariss be— obliged to pay for the place, he would take the deed in his son's name, and tha [...] therefore my view in s [...]tting down my family there, would be defeated—I was no doubt very much discon [...]rted. In this dilemma, Richard Neave the elder and Richard Neave the younger, without the smallest expectation on my part, gene­ [...] [Page 19] offered to purchase the place: I acquainted John Shields hereof, and after [...] [...]eeks, the purchase money was paid, a deed was made to them, by Willi­ [...] [...]enbull—and John Shields received the money, because the place was [...]aged to him▪ I gave my note of hand to John Shields for fifteen pounds, [...] the inter [...]st of the money, which had been kept from him over the time, [...] payment [...]ould be made. To raise funds to begin a dwelling house after [...] [...]ment, in the fall of 1790, I sold such articles of my houshold furni­ [...] I [...]ought I could spare: with the money thence arising and with some [...] [...]y Feariss—which I had lent him—I laid out for the purpose, as far as [...] [...]anced season of the year would allow the masons to work. The stone work [...] ground story is built and part of the outside walls, about half another story [...] the frames of the windows in, and no more done since that year, except [...] [...]ng out the cellar and getting the sashes and inner doors made: those I [...] heard are ready to be used and would have been in the house, could I have [...]ed a loan of money which I expected. As this has not taken place, noth­ [...] [...]ure has been done to the house. I have had wood cut last wint [...]r—so [...]e of [...] I sold—the rest lies ready to bring to town, when it may bring th [...] l [...]st [...] Francis Lee had bought some dry goods from John Shields, who wished [...] [...]ge me by taking paym [...]nt in scantling for my building. Lee delivered on [...], the first floor of joists, it no [...] lies piled up near the house on the pla [...]e, [...] [...]eing had in time for the masons to build in with the walls. Lee drew an [...] on me and Feariss, which we accepted—but it was protested for non-pay [...]t: the order was for about thirty pounds, whi [...]h was supposed what the whole [...] of scantling would amount to, for a house 40 feet by 50, two stories high in [...] and three stories in the rear. Alexander Steel a carpenter, took about £33 [...]th of bo [...]rds and scantling for window frames, &c. from William Brown, [...]hich Feariss engaged to pay, and which I have credited him with, in an account [...] be settled—the balance of which will, or ought to be in my favour. As to the [...]op in the ground, I have it not in my power to say much, because I have not had [...]fficient information on that head. There is a cart and a [...] belonging to me [...], as also a shovel and a spade. I directed the man who lives on the p [...]ace, to [...]ld himself a log house, the one formerly used being too bad to dwell in, is [...]erted into a stable.

On an examination of my cash account, since my confinement, it will be found [...] I have received but about £200 of the partnership [...] in money—and by [...]pection of the same account, it will appear, that the expenses of mysel [...] in pr [...] ­ [...] and of my wife and children amounts to £ [...] and upwards. That although expended near £270 on the place over the river Schuyl [...]i [...]l—yet I received for [...]ritings done in jail and otherwise to amount of £2 [...] and upwards; therefore [...]ollows, that the sums laid out on that place, did not arise fro [...] the partnership [...]cts, but from funds created by my industry, since my confinement.

The partnership lands consist of an undivided share of 5 [...]000 acres, in Harrison [...]enty Virginia, assigned by Sidman, as also of 59 [...]9 [...] ac [...]s in Kentucky; con­ [...]yed to me, by deed by John Moylan, in li [...]u of his debt. With respe [...] to the [...], it may not be improper to observe▪ that I wrote to J [...]mes H [...]ron of Richmond, [...] enquire if the warrants had been lodged in the office, in order that p [...]ents [...]ight issue in due time—and that if such had been the case, I could wish that a [...]tent should be made for one half of such land in my name and that another [...]hould issue in the names of the heirs of William Allison my late partner—for which see my letter book under date of the 28th July 1789.

[Page 20]To give a proper idea of the business carried on by Allison and M'Kni [...] reference to the books of that company must be had, wherein it appears, tha [...] total amount of purchases at the shop in Second Street, including the goods [...] I had on hand at the commencement in March 1782, exceeds £24,000 [...] the amount of the merchandise account, in the books kept at the store i [...] [...] Street, exceeds £15.000. The cash received at the shop from April 1782 to [...] 11th 1787, was £14.185 11 3 and at the store from October 1783, was £1 [...] 1 [...] 4 making together £31.581 4 7 every farthing of which is accounted▪ That the account with the Bank of North America, amounted to 32.04 [...] [...] dollars in about ten months. That the profits on the goods sold at the store [...] posing those removed to the shop to have sold for first cost were, £1565 11 [...] that the profits on the merchandise sold at the shop, until the death of Will [...] Allison, supposing the goods then on hand to have sold for first cost, was £ [...] 4 1, and this notwithstanding the sacrifices made at vendue before his deat [...] which, had he been that wealthy man I had supposed him, would not have [...] pened—because a small advance of money would have prevented the hea [...]y [...] W. Allison was averse to do any business with the Bank; but what we did, [...] amounted to £11.725 16 4 in notes—prevented an earlier and greater [...] would have taken place without. The goods which remained on [...] death, amounted to £2754 6 9 which were appraised by John Smith and [...] Swift at £1892 9 4. They were the remains of a dry goods store, of more [...] four years standing, and every man of business in that line knows, must [...] been unsaleable and dissorted. They however were sold for £1300 and upward [...] mostly cash—and the loss hereby occasioned, will, with the loss by certificate [...] constitute the greater part of my debt to the heirs of William Allison, when the [...] have paid all the company debts. The company cash received since his deed [...] amounts to £1966 11 4 and the debts of the company paid is £1418 13 8— [...] ­ing the sum of £537 17 8 to be accounted for. Of which it has been already observed that £200 and upwards has been received and used by me and my family sin [...]e I have been confined under the casa. The remainder was used in my family b [...] that occurrence took place, and made but a small part of my [...] expences since the death of William Allison: for it appears by a particular a [...] count of my daily, monthly and yearly expences, that from his death until m [...] confinement, a space of three years and three months, that I had expended [...] money to amount of £812 2 0: so that the money I received for fees in my of­fice as a Justice of peace which amount to £298 1 [...] 11—the balance of the pro­d [...]e of my certificates, after satisfying the debt of Samuel Caldwell to the Ban [...] b [...]ing £17 [...] 11 8 and some tri [...]les I sold, when necessity urged it, such as silve [...] so [...]p ladle and gold stock buckle—make up the rest of the money expended in th [...] necessary care of a family, consisting of myself, a wife and five children.

That I have not been unsolicito [...]s of employment, during my confinement, will appear from a letter written by me to Judge Wilson on the 6th of February, 179 [...] in the following words. ‘Sir, in a conversation with my friend Mr. J [...] Shields about a fortnight ago, I mentioned my desire of being employed in doing any writing, while I remain in this place, to enable me to support myself, a wife and four children—and more especially to prevent the necessity of my selling a property belonging to the firm of Allison and M'Knight, which will in a [...] years completely pay all our debts, as I think. Much undeserved censure, [...] been passed upon me as I hear, which I am well able to refu [...]e by incontrover [...]ib [...] facts. The partnership was unfortunate and entirely owing to the very [...] deference which I paid to the opinion of Captain Allison—for had my [...] [Page 21] obtained, which was to sell off the stock at public rate, and invest the proceeds [...] certificates,—the latter end of 1784, when at 2s 9d to 3s in the pound—no [...]jury but a very great advantage would have accrued. This opinion of mine [...] operated to my disadvantage, because it is supposed that I carried it into act had on the supposition I am confined, as I have heard). So far from that [...]ing the [...]ase—the very goods which I wanted sold in 1784 at vendue, were [...]terwards in 1786 and 1787, with the consent of Captain Allison sold at pub­l [...]c [...], to raise money to pay off pressing demands. And since his death, I [...] obliged to sell the remainder in the same manner, and for the same pur­pose, a great part of which was with the knowledge of his son. Since the death of Captain Allison, I have paid debts to the amount of £1 [...]00 and up­wards, which if I had laid out in certificates, instead of paying the debts, would have now produced more than sufficient to pay off all claims against the part­nership—for as to personal debts of my own £100 would extinguish them: and th [...]se have mostly accured since my confinement. But if I had invested the £1300 in certificates, a much earlier application would have been made by the creditors and the estate of Captain Allison been sold when it would not produce half as much as it will now. Perhaps a greater misfortune could not have hap­ [...]ed me, than a partnership with him, as I can easily demonstrate. It was with a view of being able from the emoluments of the office of Justice of the peace, and to prevent my drawing out of the funds of the partnership, that I accepted that office—this was well known to Captain Allison—for he exerted himself very much to obtain it for me, which can be averred by the freeholders of Walnut ward. Mr. Bleakley the executor of Captain Allison, called on me sometime after his death, and asked me for Captain Allison's share of certain certificat [...]s for which some goods were sold in 1783—which I gave him without the least reluctance—they exceeded 3000 dollars. My own share I was under the disagreeable necessity to sell to Mr. Matthew M'Connell, to raise money to pay a judgment obtained by the Bank of North America against me, as in­dorser of two notes for a friend, who sometime ago failed. When I was put here, I had not one certificate, nor have I any now, although I hear it has been confidently asserted that I have. When Docter M'Henry was in town, last summer, he interested himself in my behalf—but Mr. Bleakley would do noth­ing without consulting Mr. Sargent, who advised (as the Doctor told me) to take an assignment before my liberation. This I cannot think of doing, because [...] believe time will enable me to pay every person, and have something left for myself and my children—but this I offered, that if I was liberated I would state the accounts of the partnership and submit them to auditors, and whatever sum might be [...]ound due by me to the heirs of Captain Allison, I would assign my half share of the partnership property if they t [...]ought fit, or give my bond payable by instalments and interest on each payment—this is refused, and noth­ing short of an assignment in prison will satisfy. As I have it not in my power immediately, to raise money sufficient to pay off the claim for which I am con­fined under a ca sa—I must remain here, as contented as I can, until some occur­ence turns up to put it in my power to exonerate myself from debt. I men­tioned to Doctor M'Henry, that if I could obtain any post under the govern­ment, that I would allot two thirds of the income towards the extinguishment of my debt—but my being here precludes, my obtaining an employment to fur­ther my wishes. I have however done a considerable quantity of writing, per­haps to amount of 450 to 500 dollars, during my confinement, and could wish to do as much at would fill my whole time—which is the intention of my addressing you at this time—for yesterday Mr. Shields told me, he mentioned me to you, [Page 22] and it was your desire that I should write to you on the occasion. I hope [...] will pardon this long letter—but it appeared necessary to me, to state my [...] on facts, in order to remove the undeserved censure cast upon, Sir, your [...] humble servant Robert M'Knight.’ To this letter I have received not [...] answer than this—that Mr. Shields enquired if Mr. Wilson had any w [...] in readiness for me to be employed about, and that he understood there [...] none ready. However, lately I have heard that Colonel Nichola under [...] that some person in a high public office would have employed me, if my ch [...] ter had not been represented in so bad a light. This I attribute to the [...] lence of those uninformed implacable men, with whom I have had to do. [...] it will appear to every disinterested mind on a cool review of the foregoing [...] that so far from deserving censure as being the cause of loss to the heirs of Willi [...] Allison—that a more unfortunate circumstance could not have happened to [...] than that of a connection in trade with such a man as him—one of reputed [...] wealth, who as I thought, could have brought into stock a large capital—wh [...] under the management of a man of some knowledge in trade—could be im [...] ed to mutual advantage. Instead of which, the reverse was the case—a [...] capital with great designs. Some misfortunes, its true were sustained—b [...] not having resolution to make the best of contingencies, has in effect [...] loss to me of ten years, of the most precious part of my life—and a capita [...] [...] £1500 at least—on which had I not joined him, I would most certainly have [...] quired an handsome independance—being ever a man cautious of taking cred [...] [...] somuch so, as to be found fault with by my particular friends. Had I been fin [...] in trade—and any misfortune happened, I might by a composition have m [...] terms with my creditor: but by being the partner of a man of reputed [...] wealth—nothing but money would be taken as payment. And if my council [...] been adopted no loss at all could have happened; I would now be worth £20,00 [...] in certificates at least; the estate of William Allison would be proportionably a [...] vantaged;—the partnership accounts would be closed, and I might have gone i [...] the brokerage or other business on my own account, which would no doubt ha [...] been beneficial to myself and my family—instead of which, I was tied down t [...] [...] con [...]exion I could not shake off—the unnecessary cruelty of my enemies would [...] be evidenced in a confinement of my person, upwards of twenty six months [...] the loss of twenty five thousand acres of land; to my children, have happened▪

It will no doubt be objected, that I did not settle the partnership accounts on t [...] demise of William Allison—that I did not apply the certificates to the payment [...] partnership debts—and that I did not accept the offer of Doctor M'Henry—th [...] of taking the goods at the appraisement and his engagement to pay Francis All [...] son. To the two first I have already replied in this narrative—to the last I answ [...] that £ [...]00 was all that was offered for what stood us in £2700, that at the ti [...] I had a hope to raise more money in cash for them—that some had already be [...] sent to vendue—and that the sums to be paid to Levi Hollingsworth I was co [...] stantly dunned for—and had I not made payments from time to time as I did. [...] suit would have been instituted and the property of the heirs as well in lands, &c▪ as the certificates would have been sacrificed—and I thought less loss would [...] occasioned by sale of the goods—though this has proved greatly to my disadvantag [...]

In order to shew truly the funds which William Allison had in the partnership [...] it is sufficient to exhibit a statement of this account from the books, by which [...] appears that at the commencement there was due to him.

  £178 3 10
Cash he put in April and May 1782. 750
His, or rather his Caldwell and Bleakley's share of sales A▪ 14 10 11
Goods chiefly of the estates of do. in July and August, 1782. 1617 2 5
Share of Sales A. to August 1785. 8 7
Goods from John Barclay and Co. to balance James Moylan's debt, in which Bleakley and Caldwell were interested, I believe.— 695 16 0
Cash in September and November, 1786. 213 13 10
Share of sales A. to December 1785. 7 14 2
Balance of Bleakley's account transferred. 406 6 8
Cash Nov. 5th 1783, to pay John Field. 290 12 6
Dec. 24th do. Robert Gray, 150 0 0
Feb. 16th 1784, Tench Coxe, 150 0 0
Do. do. rent of Bleakley's Island, 325 0 0
July 3d Rundle—part Gilmor's bond, 200 0 0
24th. Rittenhouse notes, 1019 dollars, 382 2 6
Aug. 23d. do. for Tax from S. Murdock, 3 0 0
Oct. 12th. do. per Caldwell's estate, 27 17 4
June 11th. 1785, Paper money to pay duties, 50 0 0
Oct. 1st. he paid Francis Allison, 100 0 0
Nov. 14th. borrowed, 30 0 0
Feb. 1st. 1786, to pay an order of F. Allison, 30 0 0
March 8 and 18, do. do. 056 5 and £245 7 [...] 301 12 0
July 1 and 27, do. do. 75 and £37 10 112 10 0
Total of money he put into stock. £6044 2 9

He drew out of stock as follows

Goods, &c. had by John Caldwell at the shop to 11th June 1787, £149 6 3  
Do. - Margaret Caldwell, 40 9 2  
Do. sent John M'Henry & Co. from shop charged to Caldwell's estate, 485 11 3  
Had by his own family to June 1787, 372 13 9  
Do. do. at store and to pay Gi [...]espie for his own lands, &c. 817 13 6  
Do. do. by M'Henry and Co. Logan and M'Eldry. 359 5 6  
John Caldwell acct. at store charged to his estate. 166 6 4  
Doctor M'Henry's do. - do. 71 19 8  
His half of the cost of 2037 acres in Northum­berland County. 122 10 1  
James Armstrong's debt for which W. A. got his note discounted, 77 12 6  
Goods and cash had since his death, by the family. 11 [...]6 [...] 3  
    3856 1 3
Neat stock in the partnership.   £2188 1 6

Now as William Allison by an account delivered by him to John Bleakley on the 28th of May 1787, (only fourteen days before his death) did owe a balance of £2518 7 2 to Bleakley: it follows, that he had less stock in the partnership by [Page 24] upwards of £300 than this debt—and therefore he had no money of his [...] stock in the company—for credit is given to William Allison for every fart [...] which the company received of Bleakley's money, which will appear by inspe [...] on of the said account which shews the balance of £2518 7 2. To lessen his [...] to the estate of David Caldwell, I was very willing to sell the goods to M'Hen [...] and happy for the company it would have been could that house have found [...] for more of them—but money could not be raised with these—for very lit [...] ever remitted from M'Henry, but as William Allison was indebted to C [...] estate—those goods answered him as well as cash. Could they have been [...] here for money—it would be most certainly my advantage to have paid off [...] to Francis Allison—but this could not be done in any other way than at public [...].

That the estate of William Allison will be liable for the debts of the company a [...] well as that to Bleakley will follow—because I am in capacitated to pay any p [...] save what my lands may bring at public sale—the proceeds of which must [...] [...] vided in proportion among my personal creditors, as well as to the heirs aft [...] have paid off the debts of the partnership—which they can have no clai [...] [...] [...] fore. Contrast this with my offer of mortgaging the lands in a way safe [...] heirs and not (as I thought) unsafe or dishonourable to me—because, shou [...] [...] been helped by the interest of their friends to such office as I am able to fi [...] [...] one I mean as would require constant application—not a sinecure (which I hav [...] [...] reason to expect) it would give me pleasure to save from injury the heirs of a [...] who has injured me, though I believe without the least design.

To shew the impracticability of stating precisely the just sum which the heirs [...] William Allison will have against me, it is only necessary to observe, that all deb [...] due by the company must first be paid, that the partnership lands must be sold— that those of Sidman cannot be even known until decision of an amicable actio [...] instituted or agreed to be instituted in the Supreme Court, between the assigne [...] under the first assignment and those under the second—for the pleading to w [...] several lawyers are retained. That a question of law may arise relative to the [...] nies received by me since the death of William Allison, for the creditors of [...] Wallace and Isaac Sidman, as to how far the heirs are concerned in those [...]a [...] ions—and perhaps there may be others not now recollected by.

ROBERT M'KNIGHT
November 1792

It is [...]ut right, that some apology should be made to the Gentlemen, whose names appear in the foregoing pages, without their proper titles of distinction. The writer aimed at co [...] ciseness to save expense in the printing, which is the true reason for the omission—a [...] [...] hopes it will be considered as a sufficient apology. His wish was, to represent in the [...] est diction, a clear narrative of his transactions—and if any person who reads this ca [...] will communicate any objection whatever, in writing, respecting any part thereof— [...] writer will chearfully give every satisfaction in his power.

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