Colonial Records of Pennsylvania Volume 13, Part 27

Author: Samuel Hazard
Publication date: 1831
Publisher: Harrisburg, Printed by T. Fenn & Co.
Number of Pages: 802


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Given in Council, under the hand of his Excellency WILLIAM MOORE, Esquire, President, and the seal of the State, at Philadelphia, this twentieth day of June, Anno ' Domini 000 thousand seven hundred and eighty-two.


WILLIAM MOORE, President.


Attest-TIMOTHY MATLACK, Secretary. GOD SAVE THE COMMONWEALTH!


SUPREME EXECUTIVE COUNCIL. 818


In Council.


PHILADELPHIA, Friday, June 21, 1782. PRESENT :


His Excellency the President.


The Honorable the Vice President. Mr. Bayard, Mr. Gardner,


Mr. Levan, and Mr. Van Campen.


On consideration,


Ordered, That Colonel Samuel Hunter be directed to pay to the Master of Northumberland county, the sum of one hundred id twenty pounds specie, put into his hands for the purpose of cruiting Captain Robinson's company, and that the same be ap- ied in paying the six months' men one month's pay.


Ordered, That Colonel Hunter be requested to purchase a quan- ty of leather for shoes for Captain Robinson's company, and that e costs be charged to account of said company.


On consideration,


Ordered, That the Agents of the State appointed to conduct the nse now pending before Congress, between this State and the tate.of Connecticut, be instructed to use their utmost endeavours bring the same to issue as soon as possible, consistent with the terest of the State.


An order was drawn on the Treasurer in favor of the Honorable ›hn Bayard, Esquire, or his order, for the sum of five hundred id eighty-six pounds eighteen shillings and one penny, being . nount of his half per cent. commissions on one hundred and venteen thousand three hundred and eighty-one pounds four shil- igs and eleven pence, amount of the sales of the State Island id city lots.


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In Council.


PHILADELPHIA, Saturday, June 22d, 1782.


PRESENT :


His Excellency the President.


The Honourable the Vice President.


Mr. Bayard, Mr. Levan, and


Mr. Gardner, Mr. Van Campen.


Mr. Byers, (now first returned from his family.)


Ordered, That a pass be granted to William Ross and his family, go to New York. ·


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The petition of Thomas Bailey, convicted of a misdemeanor in passing counterfeit dollars, at a Court of Oyer and . Terminer and General Gaol Delivery, held at York-town, for the county of York, on the seventh day of May last, and sentenced to "stand in and on the pillory of the county of York, for the space of one bour, on Tuesday, the eleventh day of June instant, between the hour of ten of the clock in the forenoon, and one of the clock in the after- noon of the same day ; that he should then and there have both his ears cut off and nailed to the pillory ; and that the said Thomas Bailey should be then and there whipped with fifteen lashes on his bare back, well laid on ; that he should pay a fine of one hundred pounds one half to the State, and the other half to Robert M'Minn, the discoverer-and discharge the costs of prosecution, and remain in the Sheriff's custody till the said sentence should be complied with," praying pardon, was read. And on consideration, Ordered, That the corporal punishment only, of the said Thons Bailey, be remitted, on condition, nevertheless, that he enter to serve in the Pennsylvania line during the war, without bounty, or that he procure a man to serve in the said line during the m, which shall be approved and accepted by a recruiting officer in the said line, free from bounty.


In Council.


PHILADELPHIA, Monday, June 24, 1782.


PRESENT :


His Excellency the President.


The Honorable the Vice President .. Mr. Gardner, Mr. Levan, and Mr. Bayard, Mr. Van Campen.


Resolved, That the Agents for this State in the dispute with Connecticut, be empowered to offer to the Agents on the part of Connecticut, a free inspection and examination of all or any of the public records of this State in the hands of the proper officers, which may, by the State of Connecticut, be thought necessary for them in their cause.


On motion,


Ordered, That Abraham Smith, Esquire, Lieutenant of the county of Cumberland, be directed to order into service forthwith, one company of the militia of the said county, to consist of fifty men, to be marched to the county of Northumberland for the de fence of the frontiers, and to be stationed in such a manner as the Lieutenant of Northumberland shall direct.


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SUPREME EXECUTIVE COUNCIL.


In Council.


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PHILADELPHIA, Tuesday, June 25th, 1782.


PRESENT :


His Excellency the President.


The Honorable the Vice President.


Mr. Gardner, Mr. Van Campen, and


Mr. Bayard, Mr. Ewing, (now first re- .


Mr. Levan, turned from his family.)


A letter from his Excellency the President of Congress, dated. the twenty-fourth day of June instant, inclosing resolves of Con- gress of the twenty-first, respecting the trade carried on with the enemy at New York.


A pass was granted to Joseph Carleton, to go to Cape May, in .


the State of New Jersey, with permission to take with bim a mu- latto man of the name of Peter Price, and a light waggon and two horses, and to return again.


A pass was granted to Jane Wells to go to Dobbs' Ferry, on the North river, and to return again.


The following orders were drawn .on the Treasurer :


In favor of Colonel Jacob Morgan, late Superintendant of the Commissioners of Purchase in the several counties, for the sum of one thousand nine hundred and eighty eight pounds three shillings and eight pence, State money of the seventh of April, 1781, and for the sum of three hundred and forty pounds and five pence half penny, for paying for supplies purchased for the use of the army, for which he is to account.


In favor of Mr. Francis Bailey, for the sum of fifty-three pounds three shillings and six pence specie, for printing for the use of the Council, in full to this .day.


'The following deeds were examined and signed by his Excel- Jency the President, for divers lots in the city of Philadelphia marked in the general plan of city lots, and sold agreeably to law, for the redemption of the bills of credit of this State of the twen- ty-ninth day of April, 1780, vizt :


To John Taylor, for lots No. 1253 and 1254. Consideration forty-six pounds.


To John M'Kimm, for lot No. 1333. Consideration thirty-one pounds.


To Richard Barry, for lots No. 1334 and 1835. Considera- tion fifty-eight pounds.


To William Jackson, for lot No. 1255. Consideration twenty- one pounds.


All which sums the persons above mentioned have paid to David Rittenhouse, Esquire, Treasurer of the State.


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MINUTES OF THE


In Council.


PHILADELPHIA, Wednesday, June 26, 1782. PRESENT :


His Excellency the President.


The Honorable the Vice President.


Mr. Bayard,


Mr. Levan.


Mr. Gardner, &


The following deeds were examined and signed by his Excel- lency the President, for divers city lots marked in the general pha of city lots, and sold agreeably to law, for the redemption of the bills of credit of this State of the twenty-ninth of April, 178%, viz :


To Adam Geyer, for seven lots numbered from 930 to 983, and from 952 to 954. Consideration four hundred and eightyx pounds.


To William Sheaff, for ten lots numbered from 934 to 937, from 946 to 948, and from 955 to 957. Consideration eight hundred and sixty pounds.


All which sums the persons above mentioned have paid to th Treasurer.


One other deed to Edward Fox, for lots numbered from 1180 1134 inclusive, examined and signed by the President, sold as afer said, for one hundred and fourteen pounds, and the money paid cordingly, to the Treasurerof the State.


The two following orders were drawn on the Treasurer, vist :


In favor of John Patton, William Allibone, and Francis Ger- ney, Esquires, Commissioners for the defence of the bay and ring Delaware, for the sum of three hundred pounds specie, to be peil out of the duties arising from tonnage, for which cum the wsdl Commissioners are to account.


In favor of Colonel Stephen Balliott, for the sum of three hundred and ninety-six pounds seventeen shillings and one penny half penny specie, in full of his account for furnishing rations to the milit and ranging company of Northampton county, stationed in themil county.


On consideration,


Ordered, That Lawrence Erb, Ensign of Captain Philip Shrar der's company of Rangers, raised in Northampton county, be et pointed Lieutenant of the said company.


Ordered, That John Beaton, Esquire, of the county of Chester, be appointed and commissioned to be a Justice of the Court d Common Pleas and of the Orphans' Court of the said county.


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SUPREME EXECUTIVE COUNCIL.


In Council.


PHILADELPHIA, Thursday, June 27, 1782.


PRESENT :


His Excellency the President.


be Honorable the Vice President.


Mr. Gardner,


Mr. Van Campen, and


Mr. Levan, Mr. Ewing,


Mr. Byers.


Ordered, That the Lieutenant of the county of Northampton be cted to call out a greater number than one hundred mon at any time for the protection of that county, but by special order of Board.


THEREAS, It bath been represented to this Board that, under ence of supplying British prisoners with cloathing, a store of isb merchandize is opened in.or near the borough of Lancaster, in this State, whereby a clandestine traffic is carried on be- in the inhabitants of this county and those who reside within garrisons and places therein, now in the possession of the enemy, arket is provided for British merchandise, the circulating spe- is exported from the United States, the payment of taxes ren. d more difficult and burthensome to the people at large, and discouragement occasioned to honest and lawful commerce, Ordered, That William Henry, Esquire, of the said borough, ng to his assistance a Justice of the Peace of Lancaster, do en- a concerning, and inspect the store in the said borough which been opened on the pretence aforesaid, and if it shall appear i ony goods, wares, and merchandises, shall be found therein Ir than made up uniforms for the said prisoners, to take posses- of the said stores with all merchandize therein contained, and re- ; to this Board ; placing a sufficient guard to secure the same il farther ordor from this Board. And if any goods, wares, and chandize, other than made up uniforms, shall hereafter be Ight into the said borough or county, under the pretence aforo- , to seize and secure the same in like manner and report to this rd.


Ordered, That all Judges, Justices, Sheriffs, and other peace sers of the State, be required to arrest all . persons found bawk- or peddling contrary to law, and more especially all British toners, whether natives of that country or foreigners; and the 'es or agents of such British prisoners who shall be found sell- or offering to sell or barter any goods, wares, or merchandises, any kind, under any pretence whatsoever, in order that they y be dealt with according to law.


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MINUTES OF THE


In Council.


PHILADELPHIA, Friday, June 28, 1782.


PRESENT :


His Excellency the President.


The Honorable the Vice President.


Mr. Bayard, Mr. Gardner, Mr. Levan,


Mr. Byers, Mr. Van Campen, and


Mr. Ewing.


An order was drawn on the Treasurer in favor of Captain Joseph Stiles, Commissary of Military Stores, for the sum of one hundred pounds specie, for the purpose of repairing arms for the use of the State, for which he is to account.


The Council having received information that there was rouges to apprehend that the "act for the preservation of fish in the rind Delaware, Susquehanna, and the Lehigh, commonly called the Western Branch of Delaware," is not duly respected, and that the violation of the directions theroof were not presented on oath te the Justices of the Quarter Sessions of the several counties as the said act directs; and as a disregard of the said act would probably be productive of very great and. lasting injury to the inhabitants on and near the said rivers,


Ordered, That copies of the said act be transmitted to the Pro thonotaries of the counties of York, Cumberland, Lancaster, North umberland, Bucks, and Northampton, with directions to have the same put into the hands of the Justices of the said counties, in order that the same may be duly regarded and put into execution.


The petition of Charles Werkeiser, of the county of Northamp ton, convicted of murder, praying a respite of execution until the next sitting of the General Assembly, was read; & on considera- tion, dismissed.


A letter from William Scott, dated June 15, 1782, inclosing pre ceedings of a court martial.


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817


SUPREME EXECUTIVE COUNCIL.


In Council.


PHILADELPHIA, Thursday, June 27, 1782.


PRESENT :


His Excellency the President.


le Honorable the Vice President.


Mr. Gardner,


Mr. Van Campen, and


Mr. Levan, Mr. Ewing,


Mr. Byers.


rdered, That the Lieutenant of the county of Northampton be ted to call out a greater number than one hundred men at any ime for the protection of that county, but by special order of Board.


HEREAS, It hath been represented to this Board that, under ince of supplying British prisoners with cloathing, a store of sh merchandize is opened in or near the borough of Lancaster, in this State, whereby a clandestine traffic is carried on be- n the inhabitants of this county and those who reside within garrisons and places therein, now in the possession of the enemy, rket is provided for British merchandise, the circulating spe- I exported from the United States, the payment of taxes ren- i more difficult and burthensome to the people at large, and discouragement occasioned to honest and lawful commerce, rdered, That William Henry, Esquire, of the ssid borough, ig to his assistance a Justice of the Peace of Lancaster, do en- , concerning, and inspect the store in the said borough which been opened on the pretence aforesaid, and if it shall appear any goods, wares, and merchandises, shall be found therein r than made up uniforms for the said prisoners, to take posses- of the said stores with all merchandize therein contained, and re- to this Board ; placing a sufficient guard to secure the same : further ordor from this Board. And if any goods, wares, and handize, other than made up uniforms, shall hereafter be ght into the said borough or county, under the pretence afore- to seize and secure the same in like manner and report to this 'd.


rdered, That all Judges, Justices, Sheriffs, and other peace ers of the State, be required to arrest all .persons found bawk- w peddling contrary to law, and more especially all British mers, whether natives of that country or foreigners; and the s or agents of such British prisoners who shall be found sell- or offering to sell or barter any goods, wares, or merchandises, ny kind, under any pretence whatsoever, in order that they be dealt with according to law.


820


MINUTES OF THE


In favor of Frederick Sneider, for the sum of fifteen pounds tu shillings and six pence specie, for his wages as Doorkeeper, in fa to the thirtieth of June, 1782.


This being the day appointed for the meeting of the Beard d Property, it was


Agreed, That his Excellency the President and the Hoocrlh Doctor Gardner do meet the other members of the maid Board d four o'clock in the afternoon.


The following deeds were examined and signed by his End lency the President, for divers lots in the city of Philadelphi, sold agreeably to law, for the redemption of the bills of credo d the twenty-ninth of April, 1780, marked in the general plan dey lots as follows, vizt :


To John MoCulloh, for lots No. 78 and 79. Consideration Som pounds.


To Richardson Sands, for lots No. 873, 874, and 375. C" eration one hundred and pine pounds.


To Thomas Leiper, for lots numbered from 625 to 681, and im 649 to 655. Consideration three hundred and seven pounds


To Robert Bridges, for lots numbered from 656 to 672, from 676 to 682. Consideration six hundred and thirty-lou pounds.


To James Caldwell, for lots numbered from 816 to 847, from 863 to 877. Consideration one thousand two hundred sixty-four pounds.


To John Dunlap, for lots numbered from 878 to 893. Cool eration three hundred and six pounds.


To the same person, for lots numbered from 920 to 929. Ca sideration oue hundred and fifty-five pounds.


To Charles W. Peale, for lots numbered from 1038 to 100% Consideration one hundred and eighty-two pounds.


To John Holmes, for lots numbered 1108, 1109, 1110, 112 Consideration one hundred and eighty-seven pounds.


To Benjamin Harbeson, for lots No. 1525, 1526, 1527, 1528. Consideration ninety-three pounds.


'To Andrew Porter, for lot No. 1553. Consideration eighty pounds.


-To James Caldwell, for lots No. 1580 and 1581. Considentin one hundred and eighty.four pounds.


To William Milner, for lots No. 1611, 1612, 1613, and 1614 Consideration one hundred and twenty-four pounds.


To John Taylor, for lots No. 1618, 1619, and 1620. Consider ation ninety-eight pounds.


To William Grey, for lot No. 1717. Consideration one buske and seventy pounds.


.All which sums the persons before mentioned have paid iatt hands of the Treasurer of the State, as appears by his roody Deeds dated the twenty-ninth day of June, 1782.


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821


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SUPREME EXECUTIVE COUNCIL.


The memorial of Samuel Preston Moore, Henry Hill, and Rich- d Wells, of September the 5th, 1781, in behalf of themselves id others, the heirs of Richard Hill, was read.


The report of John Lukens, Esquire, Surveyor General, on the id memorial of the first of May, 1782, was read.


Doctor Samuel Preston Moore, Henry Hill, and Richard Wells, tended in Council.


It was agreed to proceed to enquire concerning the lots claimed the order in which they stand in the memorial.


By the report of the Surveyor General, it appears that William soon stands (in his office) as a five thousand acre purchaser, who, is said, by deed of lease and release of the nineteenth and twen- th days of February, 1718-'19, conveyed the same to Humphrey array and John Budd, with its appartenances. On motion of memorialists, a subpoena was issued to the Master of the Rolls, his Deputy, to appear before the Board, and bring with him ok F, vol. 5, of the records in his office, said to contain deeds of Be and release from William Bacon to the aforesaid Murray and dd. And Nathan Jones accordingly appeared, and on search deed was there found, as set forth by the memorialists; and o like conveyance from the said Budd and Murray to Richard 11, who devised the city lots and liberty land appurtenant to the d purchase to the memorialists. The report of the Surveyor noral on the claim of the memorialists, in right of the said Wil- m Bacon and others, purchasers of land from William Penn, first oprietor of Pennsylvania, is as follows ;


is Excellency the President and Council :


Agreeably to the order of Council of the sixth of September, '8], on the memorial of Samuel Preston Moore, Henry Hill, and ichard Wells, I beg leave to


Report, that I have carefully examined my office, and find that 'illiam Bacon stands as a five thousand acre purchaser, who, it is id, by deeds of lease and release of the nineteenth and twentieth ys of February, 1718-'19, conveyed the same to Humphrey Murray and John Budd, with its appurtenances. I find a warrant ited the fifth of the third month, 1719, for two thousand acres, nother dated the twenty-eighth of the sixth month, in the same ear, for two thousand nine hundred and twenty acres, and another Med the fifth of the third month, in the suid year, for eighty acres [ liberty land and city lots appurtenant to said purchase. I do tot find that the city lots have been laid out which fell cn Schuyl- :ill side, but there is vacant ground, both on the High street and lohuylkill Front streets, sufficient for that purpose-Front lot, No. 2, and High street lot, No. 35. I find a warrant to Daniel Pas- Drins, dated the fourteenth of the twelfth month, 1683, for two andred acres of land, and a city lot to be laid out as the Governor VOL. XIII .- 21.


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MINUTES OF THE


should direct, but I do not find any survey or return made on mid warrant. Sce the same. I do not find the name of Henry John- ston, as a first purchaser, in my books ; but I find a return of three hundred acres of land in Philadelphia county, made for him in 1691-"2. I find a warrant granted to John Martin, dated the se- cond of the sixth month, 1684, and surveyed the same day. See the return made to Robert Prismal, in right of John Martin, be tween the Fourth and Fifth streets from Delaware river, and between Sassafras and Vine streets. I find Thomas and Richard Pierce, Samuel Taverner and Thomas Philips's lots, both on High street and Front street on Schuylkill side, have been laid out and return- ed in the year 1688, and are ready for those who can show the best title.


I find Nicholas Moore stands as a purchaser of ten thousand acres. The city lots, both Delaware and Schuylkill, have been laid out and returned into the Secretary's office the eighth of the twelfth month, 1694-'5, agreeable to said purchase. The three lots on the Schuylkill side remain unoccupied. and are ready for those who can make the best title.


I am, with respect, Your h'ble serv't, JOHN LUKENS, S. G.


May 1, 1782.


5th July, 1782 .- On a careful search in my office, I find Henry Litchfield stands a purchaser of five hundred acres. His lot fell upon the Schuylkill side, No. 82, between Mulberry and Sassafras streets, Third and Fourth streets from Schuylkill. I find a war. rant dated the third of the eleventh month, 1683, No. 1481, for laying out the same, but do not find it was ever executed.


JOHN LUKENS, S. G.


The council then proceeded to consider the claims of the memo- rialists to city lots, &c., in right of Daniel Pastorius, and Samuel Taverner, and Thomas and John Phelps, or Philips, when they produced the following titles :


1st. William Penn, by warrant of the fourteenth of the twelfth month, 1683, directed two hundred acres to be laid out in German township, aud a city lot where he (the Proprietary) should direct; seventh of the second month, 1688, Thomas Fairman was ordered to lay it out, as appears by note on the warrant. Daniel Pastorius the sixth of the sixth month, 1719, sold to Richard Hill the in- tended favor of the lot.


2nd. William Penn, the 3rd and 4th of the third month, 1682, granted five thousand acres, vizt : to Richard Pierce, one thousand acres ; to Thomas Pierce, one thousand acres; to Thomas Philips, one thousand acres; to Samuel Taverner, one thousand acres; & to James Craven, one thousand acres ; which five persons were ad- mitted by J. Lukens to be original purchasers. Thomas Pierce,


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SUPREME EXECUTIVE COUNCIL.


son and heir of Richard Pierce, Thomas Pierce, for himself, John Phelps, son and heir of Thomas Phelps, and Samuel Taverner, by a deed, quin-quepartite, the twenty-fourth of the 6th month, 1704, granted four thousand acres to James Shattick and Edward Lane, as joint tenants, as ? record E 6, vol. 7, page 160. Edward Lane dying before James Shattick, the lands and lots devolved upon Shattick by survivorship, as appears by deed from Shattick to Pau- ling, E 7, vol 8, pa'e 420, dated 10th Sept'r, 1703. James Shat- tick, the seventeenth of November, 1717, sells to Richard Hill, with sundry other lots. In virtue of the above conveyances, patents were issued for part of the lots, as > large patent.


After some time spent in the examination of the same titles, the further consideration thereof was deferred till Friday next, at eleven o'clock in the forenoon.


General Lincoln sent information of the failure of the. expedi- tion against Sandusky, and the loss of about thirty men, killed and wounded, and the return of the remainder of the property.


Ordered, That the claim of Nicholas Young to divers city lots be heard to-morrow morning at eleven o'clock.


Ordered, That the claim of Mary Jenkins be heard to-morrow at twelve o'clock.


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In Council.


PHILADELPHIA, Tuesday, July 2, 1782.


PRESENT :


His Excellency the President.


The Honorable the Vice President.


Mr. Gardner, Mr Bayard, Mr. Ewing,


Mr. Byers, and Mr. Levan.


Nicholas Young attended in Council, and having laid several pa- pers before the Council, the further hearing thereof is adjourned till the further order of this Board.


Mary Jenkins requesting to have the hearing of her claim post- poned, the same is postponed till further order.


Ordered, That the claim of Thomas Forrest, respecting a city lot, be heard to-morrow morning at eleven o'clock, and that he be notified accordingly.


Ordered, That the claim of Benjamin Davis, respecting a city lot, be heard to-morrow at twelve o'clock, and that he be notified accordingly.


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MINUTES OF THE


A letter from John Henry, dated the first day July instant, re- questing permission to deliver a lecture on heads, was read; and on consideration,


Ordered, That the said request be not granted.


A pass was granted to John Moyes to go to the city of New York and not to return again.


An application from James Chambers, of Cumberland county, to be appointed Prothonotary of the new county to be struck off from Cumberland, was read ; and


Ordered, To lie on the table.


In Council.


PHILADELPHIA, Wednesday, July 8, 1782. PRESENT :


His Excellency the President.


The Honorable the Vice President.


Mr. Gardner,


Mr. Ewing, and


Mr. Bayard,


Mr. Levan.


Mr. Byers,




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