USA > Pennsylvania > Colonial Records of Pennsylvania Volume 13 > Part 22
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An order was drawn on the Treasurer in favor of the Manage of the Pennsylvania Hospital, for the sum of fifty pounds cich shillings specie, for boarding sundry disabled galley men, &e.
A petition from Frederick Sneider, Doorkeeper to this Board, setting fortb, that on or about the twenty-fifth of November, 1780, he aided and assisted Mr. Thomas Bradford in apprehendingsct tain Steelman, Black, and Shaw, taken up by order of this Board, for carrying on an illicit trade with the enemy, at New York ; the certain goods were seized and sold as confiscated, the property d the said persons, and praying to be allowed for his services therain, was read; and on consideration,
Ordered, That the said petition be referred for further consider ation.
A petition from Henry Spering, of the county of Northampton, in behalf of himself and other children of John Spering, late the said county, an attainted traitor, praying some relief. from thu Board, with respect to the forfeited estate of their said father, mu read ; and
Ordered, To lie on the table.
In Council.
PHILADELPHIA, Saturday, April 6, 1782 PRESENT :
Ilis Excellency the President.
The Honorable the Vice President.
Mr. Lacey, Mr. Gardner,
Mr. Cunningham, and Mr. Pentecost.
Mr. Bayard,
On consideration,
Ordered, That Alexander M'Clean, Esquire, be appointed the part of Pennsylvania, to run the line between this State Virginia, agreeably to instructions to be given him for that po- pose, and that his appointment be under the seal of the State.
Ordered, That the . Lieutenant of the county of Washingtonle authorized and required to call into service, and put under in rection of Alexander McClean, Esquire, such number of milti! the said McClean may judge necessary for guards to the Count sioners for running the line between the States of Virgisi Pennsylvania, not exceeding one hundred.
İ
. L.
258
SUPREME EXECUTIVE COUNCIL!
. Ordered, That it be recommended to the Honorable the Score; tary at War, that a commission be issued to Worsley Emes, as Captain in the Pennsylvania Artillery regiment, to bear date Sep- tember the twenty sixth, 1780; and that a commission be also is- qued to Matthew Maguire, as Captain Lieutenant in the same regi- ment, to bear date on the same day.
A petition from Ludowick Kale, convicted of horse stealing, praying remission of his corporal punishment, was read ; and the name was rejected.
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In Council.
PHILADELPHIA, Monday, April 8, 1782.
PRESENT :
His Excellency the President.
The Honorable the Vice President.
1
Mr. Bayard, Mr. Gardner, Mr. Lacey,
Mr. Cunningham, and
Mr. Pentecost.
The Honorable Dorsey Pentecost, Esquire, presented to the Board the following account for his attendance in Council, from the twenty-fourth of March till the 9th of April, 1782; 17 days a 17 s6. £14 17 6; and thereupon,
An order was drawn on the Treasurer in favor of the Honorable Dorsey Pentecost, Esquire, for the sum of fourteen pounds soven- teen shillings and sixpence specie, amount of the above account.
An order was drawn on the Treasurer in favor of Alexander M'Clean, Esquire, for the sum of two pounds four shillings and nine Pence specie, in full of bis account for his services as Commissioner for running a temporary line between this State and Virginia.
A petition from Martha Nicholls, praying permission for herself, her daughter Martha, and her son Scudamore, to go into New York Not to return again, was read ; and thereupon,
Ordered, That the said permission be granted.
Ordered, That the Lieutenant of the county of Westmoreland be authorized and required to call into service and put under the direction of Alexander M'Clean, Require, such number of militia as the said M'Clean shall judge necessary, for guards to the Com- missioners for running the line between the States of Pennsylvania md Virginia, not exceeding one hundred.
A resolution of the House of Assembly of the sixth instant, ap- pointing George Campbell, Esquire, to be Register for the Probate . of Wills and granting letters of administration for the city and
254
MINUTES OF THE
county of Philadelphia ; and John Beatton to be Register for the Probate of Wills and granting letters of administration, and Be corder of Deeds, for the county of Chestor, was read; and,
Ordered, To be filed.
A petition from Alexander M'Clean, Esq's, praying to bey pointed to be l'rothonotary of the new county to be laid off on the western frontiers, was read ; and,
Ordered, To be filed.
A petition from Solomon Meyers Cohen, praying a pass to the city of New York and to return again, was read; and thereupon, Ordered, That the some be granted.
A petition from Isabella Campbell, praying a pass to New Fort, was read ; and thereupon,
Ordered, That the prayer of the said petition be not granted but that a pass to Elizabethtown and to return, be granted to the petitioner.
In Council.
PHILADELPHIA, Tuesday, April 9, 1782.
PRESENT :
His Excellency the President.
The Honorable the Vice President.
Mr Lacey, Mr. Bayard.
Mr. Pentecost, and Mr. Cunningham.
Mr. Gardner,
A petition from John Hood. praying a pass to the city of New York, was read; and the same was dismissed.
Res- ired. That permission be granted to Captain Thomas Pri- gard. to export from this State the following articles and quantities expressed. to wit : Three beaver hats. two kegs of garden seeds, one bag f garden peas, one thousand staves, and two hundred and ffty bea ling, in the brigantine Comm dore Lafarey, Learing s fy of trace. a :. 3 bound to Antigua ; and a permission was made od under the less seal of the State accordingly.
A letter from the Harrabie Benjamin Lincoln. Esquire, of this day. was r. seivel asi read, inclosing a resolution of Congrend the thirdiets of March lust, giving a reward of three pound !! every prisoner of war tas: shall be apprehended and secured iny gast to legal by the State in which such prisoner shall bey pret-alei, and charge i to the United States, together with eighth of a dollar per mile for travelling charges, was rood;
Ordered, To be laid before the General Arom! . / u
255
SUPREME EXECUTIVE COUNCIL.
In Council.
.
PHILADELPHIA, Wednesday, April 10, 1782. PRESENT :
His Excellency the President.
The Honorable the Vice President.
Mr. Gardner, Mr. Bayard,
Mr. Van Campen, and Mr. Penticost.
An order was drawn on the Treasurer in favor of Daniel Rees and niel Montgomery, for the sum of fifty-six pounds ten shillings 3 ten pence specie, in part of their contract for supplying the ops stationed in the county of Northumberland, for which sum ey are to account.
A pass was granted to Mary Taylor, to go to Elizabethtown, in :w Jersey, and to return.
Passes were granted to Henry Geiger and Joseph Stump, to go Foreign parts, other than the dominions of the King of Great i tain.
The following accounts of James Read for attendance in uneil :
State of Pennsylvania to James Read, Esquire. For atttendance in Council, to wit, inclusive :
>m the 24th of November, 1778, till the 31st of January, 1779, 69 days, @ £2 5, - £ 155 5
" the 1st of February, 1779, till the fourth of March, 32 days, @ £3, 96 0
" the 10th of May, 1779, till the 27th Novem- ber, 202 days, a £7 10, -
1,515
the 28th Nov. 1779, till the 24th March, 1780, 117 days, a £12,
1,404
" the 25th March 1779, till the 25th May, 1780, 62 days, a £16,
992
" the 11th Aug't, 1779, till let June, 1781, 295 days, a £50, - 14,750 ·
Mileage, 56 miles out & 56 miles home,
79, 112 miles, a 2s 6, .
14
do 5s,
28
30, do 12s 6,
70
do
16s 8,
93 6 8
SY, do
41s 8,
233 6 8
" do
do
233 6 8
.
çitinental,
£19,584 5 0
256 - MINUTES OF THE
Cr.
By cash received of Mr. Rittenhouse,
1779, Feb. 18tb,
. £ 200
July 15th,
-
150
Sept'r 5th,
200
Nov. 3d,
1,100
1780, January 13th,
1,000
May 22d,
1.200
Sept'r 9th, -
1,000
Oct'r 4th,
2,000
Nov'r 28th, -
.
2,000
Decem'r 21, -
- 10,350
Continental, £9,234 5
Balance of £9,234 5 Continental, brought from above, a exch'e of 75 for 1, is, specie, . 2123 3 To attendance in Council from the 2d till the 4th of June, 1781, inclusive, a 258, 8 15
£126 18
Contra. By an order on the Treasurer for -
-
35
Balance in specie,
£91 18
And thereupon,
An order was drawn on the Treasurer in favor of James Read, Esquire, for the sum of ninety-one pounds eighteen shillings specie, balance of the foregoing account.
.
In Council.
PHILADELPHIA, Thursday, April 11th, 1782.
PRESENT.
His Excellency the President.
The Honorable the Vice President.
Mr. Bayard, Mr. Gardner,
Mr. Cunningham, and
Mr. Penticost.
.
The return of Timothy Taylor, Esquire, and Augustine Willet, Esquire, appointed by order of the Council of the twentieth of 'March last, to view and make return of the value of a tract of land situate in Middleton township, in the county of Bucks, containing
.
1,500
257
SUPREME EXECUTIVE COUNCIL.
hundred and twenty-five acres and three-quarters and thirteen les, late the estate of Joseph Paxson, an attainted traitor, in · that the same may be assigned to the University of this , was read, by which return it appears that the said tract of , with the buildings and other improvements thereon, is of the , of seven pounds per acre ; thereupon,
esolved, That the said estate be assigned to the University of State, that the same be now delivered to the Trustees, that the said institution be charged therewith, according to the said valuation, in the estimation of estates so assigned, agree- to the act of General Assembly directing the same.
In Council. PHILADELPHIA, Friday, April 12th, 1782. PRESENT :
Mr. Bayard, Mr. Gardner, Mr. Penticost.
Mr. Cunningham, and
r. Dougherty, Mr. M'Lene and Mr. Wynkoop, a committee of General Assembly, attended in Council and requested a cony ice with the Council respecting sundry class-ten raised in county of Bedford in the year 1781; and thereupon, a confer- was had, and after some time spent therein, it was agreed that said class-men be joined to the Ranging company raised in the county, to serve during the term of their enlistment, and the mittee was requested to report the same to the House of Aneem-
Dr. The State of Pennsylvania to James M'Lene, Esquire. or attendance in Congress, vizt :
22 days, a £5,
£ 110
170 do a 9,
.
1,580
119 do a 22 10,
2,677 10
150 do = 60,
9,000
£13,317 10
Contra.
mah received from the Continental Trea-
ary, 11,400 dollars, -
£4,275
of Mr. Rittenhouse,
2,500
+
6,775
Continental,
£6,542 10
542 10 Continental, a exchange of 60 for one, is, posie, .
£109 0 10} .
Vor. XIIL-17.
.
258
MINUTES OF THE
And thereupon,
An order was drawn on the Treasurer in favor of James ! Esquire, for the sum of one hundred and nine pounds 1 pence half-penny, balance of the foregoing account.
James Moore, Esquire, of the county of Chester, laid bef Board a state of his accounts for payment of bounties to in the Pennsylvania line, by which it appears that there is the State a balance of one hundred and seventy-five pounds shillings and six pence, State money ; thereupon,
Resolved, That Mr. Moore be directed to pay the said I into the hands of the Treasurer of the said State.
The Council resumed the consideration of the petition of erick Sneider, praying to be allowed for his services in app ing a certain Steelman, Black and Shaw ; and thereupon,
Ordered, That the following articles, to wit: one pair of stockings, one pair of buckskin gloves, one pair of shoe-bu one sett stock buckle, one ditto knee buckle, one pair of . sleeve buttons, marked S. S., three pair of silver sleeve be and one single ditto, one gold set ring, one breast brosch, ( one ivory comb, one brass iukhorn, one clasp-knife, one silver 1 maker's name Richard Doingham, No. 38,981, and one old ] . book, part of the goods seized upon the said persons, be not at public auction for the benefit of the petitioner; thel proceeds be paid into the hands of the Treasurer of the State that an order be drawn in favor of Frederick Sneider amount thereof.
Representation having been made to this Board that C Thomas Prizgard, of the Flag of Truce, Commodore Indu beld to appear & to answer a charge against him, made by John! Health Officer, for that he came up to the city of Philade without paying a due regard to the regulations established in serving the health of the citizens : On consideration,
Ordered, That the Attorney General be directed to enter proscqui in the said case, and that the consideration of the ou of Captain Prizgard be referred to the Secretary at War, fo determination how far the same may have been contrary to of nations.
A resolution of the Honorable House of the General Amme of the eighth instant, authorizing and empowering this Bom draw upon the Treasury of this State for any sum not com ten thousand pounds of the paper money of this State, on' act of Assembly of the seventh of April, 1781, for disches the debts due for horses and waggons called into service ago to requisitions of Congress and the Commander-in-Chief,al ceived and read.
Ordered, To lie on the table.
259
SUPREME EXECUTIVE COUNCIL
The committee appointed to prepare a message to the II:use of General Assembly, brought in a draft of the same, which is as fol- lows, vizt :
Message from the President and Council to the Representatives of the Freemen of the Commonwealth of Pennsylvania, in General Assembly met.
GENTLEMEN : Our desire to preserve the harmony so essential to the public welfare, has kept us silent under the various measures adopted by your House, which we conceive prejudicial to the State and derogatory to the Constitutional rights of this Board. But as we perceive a system to be adopted and steadily pursued, which evidently tends to annihilate the powers and usefulness of the Ex- ecutive part of government, our duty to our constituents, and a due regard to the sacred obligations we have entered into, oblige us to speak with freedom, and to declare that, as we will never make a voluntary surrender of our privileges, so we will not tamely and silently submit to any invasion of them. In the station assigned us in the government, we do not apprehend ourselves obliged to take notice of avy deviations from the Constitution which do not touch our own rights; but of these we conceive ourselves, in the first instance, the special and natural guardians, and when we can no otherwise prevent Legislative encroachments, it is our duty m least to make a solemn appeal to the people, our mutual cromita ents, the true source and fountain from whence all our authority is derived. When the Constitution of the State placed the L-giun tive power in a single branch, with certain checks upon rast att and hasty determination, it was never supposed that any Hone o' Assembly would, by special laws made for the purpose. memur te Executive powers, and by blending Legislative and Execute. mais what the Constitution had wisely and decisively separui -: arra less, that such law. should pass without even a decer -. those salutary restraints of time and publication, what we . tended to provide against intemperate and indigested Deas - has been one of the greatest objections made to this (
that it has left too little power in the Executive brauer we see daily attempts to make that little less. We cum: 1 that it is intended practically to shew the people war and abuse a single Legislature may do, and yet we ar : otherwise to account for those proceedings which are ar- the objects of this message. And first, with respect $ _ of the Supreme Court. The Constitution bas Tested ment in the Council, and declared that " they shall ase. :. ries." Before the appointments were made thet- ser .. fixed, and then persons were taken from other =x: life into the public service ; but as soon 15 L Ct - commerce was introduced, you have unfixed thos . .... reduced them to a value inadequate to the present:
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260
MINUTES OF THE
and the dignity of the station, and so far broken the contract be- tween those officers and the public which they justly conceived to be guaranteed by the Constitution. What benefit can the Com- monwealth derive from the appointment as directed by the Consti- tution, or from the independeney of their commissions, if, after such appointment, and the rate of their compensation being ascertained, every Assembly may take upou them to alter that rate, and show their favour or resentment by a liberal or inadequate allowance, as the men may be pleasing to them ; or otherwise, what is it in effect, but to make them dependant upon the Assembly for their daily subsistence, and subject them to the strongest temptations of yieldl- ing to every veering gule of politics or party ? Or to what purpose was it to give the appointment to the Council, when the objects of their choice are left in such a state of dependance for their sup- port ? We conceive that the powers thus claimed of reducing sala- ries after the offices have been long accepted and beld, is incompati- ble with the letter and spirit of the Constitution, and may be exercised in such a manner as in effect to prevent the Council ap- pointing any person to office, by rendering it impossible for the per- son appointed to accept or to continue in office, however irreproachs- ble in conduct and ability, if he should happen " , be displeasing to .a majority of the House of Assembly. We co eive the indepen- dance of the Judges, both on the Executive a d Legislative, us a point of the greatest importance to the good people of the State, and as their commissions are for seven years, unless convicted of misbehaviour, it is clear that their support ought to be equally fixed, and irrevocable during that period.
Secondly : The draughts of public money from the Treasury, without the intervention of the Council, when the appropriationor use of the money is declared, we apprehend to be inconsistent with the Constitution, which declares it to be the right of the Conseil to "draw upon the Treasury for such sums as shall be appropria- ted by the House." This appropriation we clearly conceive to mean a declaration of the use, and not of the person to draw for it ; and that the giving this power to any other persons, by : s. cial law, is a violation of the Constitutional privileges of the Cous- cil-an unjust and unnecessary wound to their feelings, and calou- lated to lessen their influence and utility.
It is altogether unprecedented in this or any of the neighboring States, as far as we know and believe, and must be atteuded with the greatest inconveniences, if there should be any failure in the .collection of the taxes in point of time or quantity.
In a late bill published for consideration, entitled
[Blank in Council book.]
we observe that Commissioners are appointed with like powers, 8 draw upon the Treasury, and to manage and conduct the defence of
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SUPREME EXECUTIVE COUNCIL.
261
·
he river Delaware. Though there have been instances whereia he Assembly, since the resolution, have by law nominated Com. aissioners-for special purposes, yet we apprehend there is no pro- edent for the powers granted by this law ; but, on the contrary, rhen on a former occasion provision was made for the defence of be river and trade, the direction thereof was in all respects in- rasted to the Council, who conducted it in such manner as to give Lectual relief to the commerce of the city, without any eventual charge to the State. The Constitution expressly declares it to be he right and duty of the Council to expedite the execution of such measures as may be resolved on by the General Assembly. But the language of your laws, gentlemen, is that " other persons shall expedite the execution of your measures," and, in our opinion, plainly encroaches on the rights of the people, who have elected you for the purpose of devising measures, and us for that of executing tbem ; and so far as we attempt to legislate, or you to execute, 80 far we depart from the principles of the Constitution, usurp the rights of each other, and do injustice to the people. The clause in the law published for consideration, by which the present Auc- tioneers are removed from office without any complaint against them, though they have held their offices for a short time, we cannot but consider it as .ipart of the system to increase your own power and lessen the weight of the Council in the eyes of the world. It is but little more than a year since a former Assembly, in the spirit of the Constitution, placed the appointment of these offices in the Council. Men of approved fidelity in the general cause, and of known capacity, were commissioned. They have just be- come masters of the business, made their arrangements, and pro- cured suitable accommodations and clerks, when a special act of Assembly is proposed to dismiss them from office and appoint others. What persons will in future be induced to accept of ap- pointments under the Council, even under the sanction of your own laws, which are to be held on so precarious a tenure ? or what can be more degrading to a public body than to see persons of their appointment thus displaced, without any cause assigned ? We do bot contend but that the House might have reserved the original appointment, though we think the spirit of the Constitution dis- pountenances appointments of the Assembly. But to re-assume it by ex post facto law, without any complaint of its being improperly axecuted, in our opinion, manifests such disrespect to the former Assembly, such an unfreindly disposition towards the Council, ind enmity to the present officers, that all candid and considerato nen will deem it an undue stretch of Legislative power, and incom- atible with the Constitution.
We wish you to consider, gentlemen, before you procced further n this system, what consequences will be likely to flow from it .- An Assembly with different views, may think it proper and just, by ther laws, to alter your appointments and displace those whom
1
262
MINUTES OF THE
you may chuse ; so that at length no man of common prudence «. ability will accept of any office subject to such capricious change, It is also worthy of your consideration that such proceedings ben a direct tendency to kindlo animosities, to inflame the spirit men, and keep up divisions in the State. We, therefore, wish to have it known to the good people of this Commonwealth, that m we utterly disapprove of such measures, so we have not been must ing against them, and as far as in our power, prevent the peri ous consequences which must result from such a line of condes
WILLIAM MOORE, President
Council Chamber, Phil'a, 12th April, 1782.
· Ordered, That the same be presented to the House of And bly.
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In Council.
PHILADELPHIA, Saturday, April 13th, 1782 PRESENT :
His Excellency the President.
The Honorable the Vice President.
Mr. Bayard, Mr. Penticost, and
Mr. Gardner,
Mr. Levan.
Mr. . Cunningham,
An order was drawn on the Treasurer in favor of Colonel Jack Morgan, late Superintendant of the Commissioners of Purchase in the several countries of the State, for the sum of one thousand and Boventy-nine pounds five shillings and two pence three farthing specie, for paying for supplies for the use of the army, for which he is to account. -
A letter from Colonel Abel Morgan, Sub-Lieutenant of the comy of Philadelphia, of this day, was read, praying leave to resign office of Sub-Lieutenant, and thereupon, the same was accepted; and Jacob Auld, Esquire, being recommended to this Board Ma proper person to succeed the said Abel Morgan in the said ofot; thereupon,
Resolved, That the said Jacob Auld, Esquire, be appointed Se Lieutenant of the county of Philadelphia, in the room and sted the said Abel Morgan, and that he be commissioned accordingly.
An order was drawn on the Treasurer in favor of Frederick der, for the sum of fifteen pounds specie, in part for his service apprehending Steelman, Blake, and Shaw, on the twenty.find November, 1780.
An order was drawn on the Treasurer in favor of Mr. Det Bees, for the sum of two pounds twelve shillings and six
268
SUPREME EXECUTIVE COUNCIL.
veie, for paying for transportation of ammunition to Harris's Fry, for the use of the troops stationed in the county of North- berland.
A petition from Benjamin Robinson, convicted of larceny at a art of Oyer and Terminer, held the second day of April, 1782, sentenced by the said court to be publicly whipped, &c., was d, and the same was dismissed.
On consideration,
Ordered, That Captain Joseph Stiles, Commissary of Military vres, be directed to deliver to Messrs. Guerney, Allibone, and tton, six thousand cartridges for muskets, taking a receipt to re- z the like or the value thereof.
A petition from Doctor Samuel Edmiston, praying a settlement the depreciation of his pay as a Physician and Surgeon in the Deral hospital of the United States, agreeably to the act of Gene-
Assembly passed the first day of October last, was read; and Freupon,
Ordered, That the prayer of the said petition be granted, and Lt the Auditors be directed to settle the same accordingly. -
· In Council.
.
PHILADELPHIA, Monday, April 15, 1782.
PRESENT :
His Excellency the President.
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