USA > Pennsylvania > Colonial Records of Pennsylvania Volume 13 > Part 40
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r delivered out, for the information of the people, and mention- the receipt of Captain Bowen's certificate. The said letter also osed a copy of a letter from the Marquis La Fayette to Major eral Lincoln, recommending the Chevalier de Lambert for a mission in the American army.
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he Council taking into consideration the recommendations in ur of the said Chevalier de Lambert; and General Sinclair ng informed the Board that gentlemen can be provided for in corps of Artillery commanded by Colonel Porter,
Irdered, That the Chevalier de Lambert be appointed a Second tenant in the regiment of Artillery commanded by Colonel An- Porter, and that the Honorable Major General Lincoln, Sec- ry at War, be requested to issue a commission accordingly.
Ordered, That the Secretary of this Board request Mr. John lap to furnish thirteen copies of the new edition of the mig- of the House of General Assembly, for the use of the Coun- out of the number directed to be printed by the House.
petition from John Abraham De Normandie, praying permis- to return to this State, the place of his nativity, was read and :ted
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The Council met.
PHILADELPHIA, Monday, January 13, 1783. PRESENT :
he Honourable JAMES EWING, Esquire, Vice President.
James Irvine, Sebastian Levan, - John Piper,
George Wall, James Cunningham. Esquires.
application, the following orders were drawn on the Treasu- vizt :
favour of John Nicholson, Esquire, Comptroller General, for hundred and twenty-five pounds specie, being one quarter's y due the thirteenth instant, to him as Comptroller General. I favour of Joseph Reed, Esquire, for two hundred and fifty ids specie, being a fee allowed by resolution of the General mbly of the sixth day of November last. . for his services as jsel for this State in the late controversy between this State the State of Connecticut.
favour of the Honorable James Irvine, for eighty pounds ten ings specie, amount of his account for his attendance as Coun- r from October the fourteenth, 1782, till January 13th, 1783, sive, ninety-two days.
Je petition of Abraham Shinnard, convicted of manslaughter Coart of Oyer and Terminer, held at Yorktown, for the county
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of York, the twenty-seventh day of May last, was read, praying remission of his fine and imprisonment ; thereupon,
Ordered, 'That the fine due to the State .and the imprisonment, be remitted.
The Council resumed the consideration of the case of Patrick McSherry, Juu'r, convicted of manslaughter at the said Court; mi thereupon,
Ordered, That he be pardoned.
A petition from Nathaniel Forsyth, convicted of a misdemeanor at the said Court, praying remission of his fine and imprisonment, was read, together with a recommendation in his favour from Im of the Judges of the said Court. On consideration,
Ordered, That the fine due to the State and the imprisonment, be remitted.
The Council met.
PHILADELPHIA, Tuesday, January 14th, 1783. PRESENT :
The Honourable JAMES EWING, Esquire, Vice President.
James Irvine, John Piper,
George Wall, Jun'r, Sebastian Levan, S Esquires.
ยท A petition from Anne Wilson was read, and thereupon, Ordered, 'That a pass be granted to the said Anne Wilson, go to New York, by the way of Dobb's ferry, and to return ugu.
The Council met.
PHILADELPHIA, Wednesday, January 15th, 1783.
PRESENT : The Honourable JAMES EWING, Esquire, Vice President
James Irvine, James Cunningham, George Well, Jun'r, Sebastian Levan, r John Piper,
Esquires.
An order was drawn on the Treasurer in favour of the Honour ble George Wall, Junior, Esquire, for fifty three pounds merel shillings and sixpence, amount of his account for his attendance Councillor, from the twelfth of October, 1782, till the sixteenth day of January, 1783, in., 59 days, and his mileage.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, January 16th, 1783. PRESENT :
The Honorable JAMES EWING, Vice President.
James Irvine, John Van Campen,
George Wall, Junior, John Piper, Esquires.
Sebastian Levan, James Cunningham,
The Commissioners for the defence of the bay and river Dela- tre, laid before the Board an account for two hundred barrels of ur purchased from John and Robert Morton, and shipp'd on ard the sloop Cohansey, for the relief of the prisoners at New >rk, belonging to this State, and requested an order in their fa- tar for the amount ; whereupon,
An order was drawn in favour of John Patton, Francis Gurney, d William Allibone, Commissioners as aforesaid, for three hun- ed and sixty pounds, amount of the said account, agreeable to solution of General Assembly of the twenty-sixth day of Novem- r last.
The petition of Sieur Fermier, a prisoner in the gaol of York anty, convicted of horse stealing in the said county, was read, aying a pardon as to the corporal punishment and fine due to the ate.
Ordered, That the said Sieur Fermier be pardoned.
A letter from John McDowell, Esquire, of the third instant, ac- tainting the Council that the Reverend Mr. Finley will undertake journey to the western frontiers, on the business which Council ed requested him to communicate to that gentleman.
Ordered, That the Secretary write to the Honourable John [cDowell, and inform him that Council approve of the Reverend Ir. Finley as a very proper person for the said business, and that Ouncil wish to see him before he sets out.
VOL. XIII .- 31.
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MINUTES OF THE
The Council met.
PHILADELPHIA, Friday, January 17th, 1783.
PRESENT : His Excellency JOHN DICKINSON, Esquire, President. The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, Sebastian Levan, James Cunningham, .
John Piper, John Van Campen,
Esquires.
A committee of Congress, to wit: Hon'ble Mr. Rutledge, Mr. Wolcott, and Mr. Madison, attended in Council, and requested conference with Council respecting certain goods seized in the county of Chester on their way to Lancaster, for the British and German prisoners of war at that place, under the protection of flagg granted by his Excellency General Washington; which the Council agreed to, and a conference was had.
After some time spent therein the committee withdrew.
The Council met.
PHILADELPHIA, Saturday, January 19th, 1783.
PRESENT :
His Excellency JOHN DICKINSON, Esquire, President The Honourable JAMES EWING, Esquire, Vice President. James Irvine, John Piper,
Sebastian Levan,
Esquires.
The following orders were drawn on the Treasurer, vizt :
In favour of Honorable John Piper, Esquire, for forty pounds specie, in part of his pay as Councillor for the county of Bed- ford.
In favor of William Bradford, Junior, Esquire, Attorney Gen- eral, for the sum of two hundred and fifty pounds specie, being a fee allowed by resolution of General Assembly of the sixth of No- vember last, for his services in the late controversy between this State.
On consideration,
Ordered, That passes be granted to James M'Cullob, Sarah White and Mary Dunton, to go to New York, by the way of Dobbs' ferry, and to return again.
SUPREME EXECUTIVE COUNCIL. 483
Atlee and Mr. S. Morris, a Committee of the House of Gen- sembly, attended, and informed the Council that the House met and ready to receive any business the Council may have before them. Upon which the Council informed the Com- that a message was preparing, and should be laid before use with all convenient dispatch.
Council took into consideration the seizure of British goods Irchandize lately made in the county of Chester; and there- the President laid before the Board a draft of a message thereto, which was read and approved, in the words follow- wit, vizt :
age from the President and Supreme Executive Council to the General Assembly.
TLEMEN :- We think it our duty to lay before you immedi- he papers that will be delivered with this message. They to business of high importance in several respects. The of Congress, the authority of this State, and of the Com- :- in-Chief, appear to be involved in the questions that arise i; and the welfare of American prisoners of war seems to ticularly interested in them.
have had a conference with a Committee of Congress on this and learn from them that the members of that Honorable re unanimously of opinion that the seizure is a violation of 78 of nations, and of the rights of the United States.
have seriously deliberated on this subject, and are convinced e are not competent to the sollicited redress.
he determination was to be made only upon the rights of Con- the general executive powers of sovereign States, and the : nations, our difficulty would not be so great. But the or the more effectual suppression of all intercourse and com- e with the enemies of the United States of America," being I to the case that now exists, we are bound to an observ- [ that act, and cannot presume to determine how far the Das therein prescribed, concerning the introduction of neces- oathing for prisoners of war, is a violation of the laws of ' or of the rights of the United States. The decision of int we esteem ourselves obliged respectfully to defer to your rable House.
JOHN DICKINSON, President. noil Chamber, Philad'a, January 18th, 1783.
'ered, That the Secretary present the foregoing message to neral Assembly.
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The Council met.
PHILADELPHIA, Monday, January 20th, 1783. PRESENT :
The Honorable JAMES EWING, Esquire, Vice President. James Irvine, John Van Campen, ? Esquires.
John Piper, Sebastian Levan, S
On application, an order was drawn on the Treasurer in favor of Henry Osborne, Esquire, for one hundred and fifty pounds specie, being a fee allowed by resolution of the General Assembly of the sizth of November last, for his services in the late controversy be- tween this State and the State of Connecticut as Sollicitor.
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The Council met.
PHILADELPHIA, Tuesday, January 21st, 1783. PRESENT : His Excellency JOHN DICKINSON, Esquire, President. The Honorable JAMES EWING, Esquire, Vice President. James Irvine, John Piper,
John Van Campen, James Cunningham, Esquires. On application,
An order was drawn on the Treasurer in favor of Colonel Lewis Farmer, for eleven pounds and six pence specie, for cloathing far- nished to Captains Boyd and Stokely, for four privates belonging to their Ranging companies, for which Colonel Farmer is to account.
The report of the Agents appointed by the State in the late con- troversy between this State and the State of Connecticut, was read.
A Committee of the General Assembly and a Committee of Congress, together with Council, being met in the Council Chamber, entered into conference upon the seizure of a quantity of goods, said to be cloathing for the British prisoners under the protection of a flagg granted by His Excellency General Washington. After a free conference on the subject, and the sentiments of each under- stood, the Committees withdrew.
485
SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Wednesday, January 22nd, 1783.
PRESENT : His Excellency JOHN DICKINSON, Esquire, President. The Honorable JAMES EWING, Esquire, Vice President. James Irvine, Sebastian Levan, { Esquires. James Cunningham, John Piper,
Ordered, That Captain Joseph Stilos, Commissary of Military Stores, be directed to make a return to this Board of all military stores now in his possession, belonging to this State; also of all stores delivered out by him, at what time the same have been de- livered, and the names of the persons to whom delivered ; oand that the said return be made with all convenient dispatch.
The Committee of the House of General Assembly and Doctor Gardner, Mr. Bell, Colonel Hannum, Mr. Frazier and Mr. Boyd, met in the Council Chamber. The President opened the confer- ence by stating what had passed yesterday, and further conference being had, adjourned till to-morrow, eleven o'clock.
The Council met.
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' PHILADELPHIA, Thursday, January 23rd, 1788. PRESENT : His Excellency JOHN DICKINSON, Esquire, President. Honourable JAMES EWING, Esquire, Vice President.
Jumes Irvine, Sebastian Levan,
John Piper, John Van Campen, Esquires.
James Cunningham,
A letter from Adam Orth, Esquire, Sub-Lieutenant of the county of Lancaster, dated the thirteenth instant, was read, in which he proposes a certain court to be held for inquiry, respecting militia fines, under the agreement of the Council, &os. On considera- tion,
Ordered, That he be informed that the militia law is to be his guide in all cases whatsoever respecting the militia.
The Committee of the House of General Assembly and the Com- mittee of Congress attended in Council. The Council and the said Committees resumed the conference, and after some time spent thereon; a draft of a representation to Congress being proposed,
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MINUTES OF THE
Colonel Hannums, Colonel Frazier and Doctor Gardner signed the same, referring the case to Congress.
The Council met.
PHILADELPHIA, Friday, January 24th, 1783. PRESENT :
His Excellency JOHN DICKINSON, Esquire, President
Honourable JAMES EWING, Esquire, Vice President. James Irvine, John Piper, Esquires.
James Cunningham, John Van Campen, S
' A letter from Monsieur Marbois, Consul of France, requesting that ninety-eight barrels of gun powder, on board the ships of ku most Christian Majesty, now in port, may be received into the magazine, to avoid the danger of fire while those ships remains in the harbour, and that it be kept apart from any other powder. O1 consideration,
Ordered, That Captain Joseph Stiles, Commissary of Military Stores, be directed to receive the said powder ; that be keep it apert from other powder, and take care that a proper guard be continued over the magazine.
A letter from William Wikoff and Lardner Clark, requesting : pass to Fort Pitt, and from thence down the river Ohio, for them- selves and a quantity of merchandize imported into this State so- cording to law, was read; and on consideration,
Ordered, That the said. pass be granted.
A petition from Mr. Henry Wynkoop, praying permission to go into New York and to return again, was read; and on consideration, Ordered, That a pass be granted to him to go to New York, by the way of Dobbs' Ferry, and to return again.
The Council taking into consideration the business proper to be laid before the General Assembly at this session, the President in- formed the Board that he had prepared a draft of a message, which was read ; and on consideration,
The same was agreed to in the words following, vist :
A message from the President and the Supreme Executive Council to the General Assembly :
GENTLEMEN :- We heartily congratulate you on the recovery of Charlestown, and the final determination of the controversy between this State and that of Connecticut in our favor, by the unanimous judgment of the Commissioners.
The first of these events will be attended with very happy .... sequences to the Union in general, and in particular to the potser
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SUPREME EXECUTIVE COUNCIL.
citizens of a sister State, whose sufferings have only been exceeded by their virtue.
The second is highly interesting in every point of view. The peaceable and conclusive settlement of a dispute between two such powerful sovereign States, concerning a large and valuable territory, . and the jurisdiction over it, casts a light upon the American char- acter, the martial spirit of which has been fully and recently dis- played, that must attract the attention and esteem of the world.
This uncommon occurrence will furnish to the good and wise a pleasing page in the mournful history of human discords, and we fervently wish, for the repose of mankind, it may be deemed wor- thy of imitation.
It reflects great honor also on the confederation by yielding a memorable proof of its political energy, having been accomplished in the mode thereby prescribed, and strengthens the bands of the Union, by evincing that it is the best protection agninst internal mischiefs, as well as against external dangers. Thus the fears of the apprehensive who expected, and the hopes of the disaffected who wished for confusions, are dissipated, and an agreeable presage is formed of the like salutary effects attending similar contests in fu- ture, which cannot fail of giving the firmest stability to the whole system of our affairs. By such a temper and conduct, the United States will exhibit a very singular and truly dignified example of a people who have wisdom and virtue enough not to waste in civil convulsions, the happiness and glory acquired by a successful oppo- sition to their foreign enemies, the fatal gulf in which so many na- tions have been lost.
This determination will be of the utmost importance to the pros- perity of Pennsylvania, if all the benefits are derived from it that probably may be obtained by a prudent management.
We have issued a proclamation for preserving peace, and for qui- eting the minds of the people, on the lands lately disputed, a copy of which, together with other papers relating to this affair, shall be immediately sent. We rely on the Legislature that such farther measures will be adopted as shall be most advisable, for improving the decision that has been made to the best advantage.
The Secretary will lay before you, gentlemen, letters from the Minister of France, of the tenth and nineteenth instant, from the Commander-in-Chief of the twelfth, from the Financier of the twentieth, from the Secretary of War of the seventh of November and eleventh of December, from the Secretary of Foreign Affairs of the twenty-third, from the Commissioners for the defence of the navigation in the bay and river Delaware of the thirteenth, and from the Commissioners for the city and county of Philadelphia of the nineteenth of the same month.
The most important intelligence we have received relates to the negotiations at Paris. When all circumstances respecting them aro deliberately weighed and compared with past transactions, it re-
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mains utterly uncertain what the conclusion will be. Policy de tates but a single resolution on the part of America, and that is to make strenuous efforts for continuing the war.
We have judged it our duty to exert all the powers with which we are invested for compleating the line of this State to three re- giments of Infantry, besides the Artillery and Dragoons, by the opening of the next campaign, as will appear by our act of the tenth of December last, herewith transmitted. An act of Congren of the thirty-first of December on that head.
We shall sincerely rejoice if these intentions can be carried isto execution .in time, as the line will be rendered more respectable, and several valuable and experienced officers will be employed.
Before we quit this subject, we cannot forbear mentioning with the tenderest concern, the case of retiring officers of our line. Af- ter bravely and patiently encountering every danger and difficulty for many years in the cause of their country, their former methods of life totally deranged, their fortunes injured or exhausted, their constitutions, in many instances, impaired, to be thrown unpil and unprovided for upon experiments for the subsistence of them- selves and their families, must be deeply distressing to persons who feel any sentiments of gratitude and benevolence. Permit us to recommend them in the warmest manner to your Honourabh body.
From some late proceedings, it appears too probable, unless the Na- tional Council can happily devise some effectual mode of removing difficulties, that a necessity will succeed of satisfying the demands of Justice and humanity, on a more divided, and perhaps, less poli- tic plan, than has been wished for and attempted.
In whatever manner those and other exigencies are to bo answer- cd, it is essential to the welfare of the Commonwealth that the af- . fairs of revenue should, with all possible dispatch, be placed in the clearest order, and fixed on a perfectly economical arrangement. To lay a solid foundation for subsequent operations, it is absolutely necessary that all former accounts and past expenditures of publick monies should be speedily adjusted. These, and all that shall fol- low, should be laid before our constituents immediately, as they are respectively adjusted, and with as much particularity as the nature of them will admit. A free people have a right to see them and to judge of them. By such means their entire confidence in pub- lick measures will be gained ; and they will not only bear, but be pleased to bear, their several shares of publick burthens, when they find that what they pay is quickly and truly accounted for, and bus been faithfully and prudently applied to their service. This, we are convinced, is the generous disposition of the people of Pena- sylvania. Such regulations tend directly to the establishment of publick credit on a firm basis. Another step towards it is not to suffer those to be disappointed who have relied upon the faith of the State. This observation reminds us of the officers and soldiers
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SUPREME EXECUTIVE COUNCIL.
o have retained their certificates, and we earnestly wish the Le- Lature to consider whether it will not be, as it appears clearly Las, just, and taking into view circumstances that may hereafter ur, expedieut to make a distinction between such officers and diers, and their executors and administrators, and the holders of tificates by purchase. We apprehend that this distinction will duce exceedingly extensive and beneficial consequences.
Che selection of taxes, and equality in laying them, are matters rast moment. 'The former of these objects employed the thoughts the late Assembly for some time. Both of them deserve a most ious investigation.
We have made several promotions in pursuance of the act of Con- as of the twentieth of last November, and have directed a copy our order thereon to be communicated.
T'ho distresses of the marine prisoners belonging to this State, New York, engaged our early and careful attention. And we re-the pleasure to inform you that a flag vessel has arrived there m this port, with two hundred barrels of flour and other articles their relief. The Secretary will present to you three letters re- oting this business.
From a desire to give as much efficacy as we could to your good entions, we have sent a large number of copies of the act inti- d " An Act to prevent the erecting any new and independent Ite within the limits of this Commonwealth," and of the bill itled " An act for the sale of certain lands therein mentioned, : the purpose of redeeming and paying off the certificates of de- eciation given to the officers and soldiers of the Pennsylvania line, their representatives, and for appropriating certain other lands erein mentioned for the use of the said officers and soldiers, to divided off to them severally at the end of the war," by gentle- en of reputation, to the counties of Bedford, Westmoreland, and 'nshington, to be distributed among the inhabitants.
The laws require amendments in several instances. A just re- ect for the interests of his Most Christian Majesty induces us, the first place, earnestly to recommend the passing as soon as it n be done, and act for preventing the desertion of French sailors om the vessels to which they belong, and for punishing who shall courage such desertion.
The acts now existing that relate to this point are very defec- e.
This city is now become a place of such resort, which seems to daily increasing, that we request the General Assembly to delib- ite on the establishment of a compleat police for its government. We should be glad if the collection of taxes and fines could be made sier and less expensive, and if irregular and oppressive proceed- Is therein, which we have reason to believe too often have hap- bed, could be prevented.
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The militia laws should be reduced into one aot. They mit great alteration, for rendering them more efficient and lem che sive. It appears to be a hardship upon retiring officer who tinue in some measure annexed to the army, and other circumder being considered, that they should be liable to common milit ties.
We think it extremely proper that acts should also be pretty making the decisions on references by rule of court, more att to trials by jury; for quieting titles after long possession ; for venting unnecessary county expenses ; and for regulating foralt preventing extortion. An act for this last purpose should be kon wich such precision as to take away all evasions from offesdenn, el so generally made known that the innocent may not be prej by their ignorance of the injuries done them.
Gentlemen-We judged it sufficient thus briefly to muget ideas. If they are thought propor to receive such improrent your wisdom can give them, wo shall be amply rewarded inte. care by your approbation, and by the benefits which, in quence, will be conveyed to our fellow citizens.
JOHN DICKINSON
COUNCIL CHAMBER, Philadelphia, January 23rd, 1788.
Ordered, That the Secretary present the said merry, the papers therein mentioned, to the Speaker of the Genel sembly.
Ordered, That a pass be granted to Christopher Wigbre to Boston, in the State of Massachusetts, with one team, with iron, and to return.
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