Colonial Records of Pennsylvania Volume 13, Part 52

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


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Le Comptroller General's report on the accounts of Samuel sot, Esq'r, Deputy Prothonotary of the county of Bucks, for arising from court fines, tavern and marriage licences, the tax on write ; and of Adam Roigart, Esquire, for horses pared in the year 1778, for public we, were read and approved.


sas Rock, private in the first do., sin Benjamin Bartholomew, of fifth


un William McKissack, late of Fly- g Camp, in Delany, private of the fifth regi- ont,


640


MINUTES OF THE


The Council met.


PHILADELPHIA, Friday, August 8th, PRESENT : His Excellency JOHN DICKINSON, Esquire, Pres The Honorable JAMES EWING, Esquire, Vice Presi The Honorable James Irvine, George Wall, Junior, { E John Buyers, James Potter,


An order was drawn on the Treasurer in favour of Captain as Huston, for the sum of twelve pounds five shillings, to him to discharge a debt of nine pounds recovered by Hodge, for the services of his Negro slave Bristol, on bo State brigg Convention, late commanded by said Huston, as by a report of referrees, together with three pounds, with f lings costs.


Agreeably to the Comptroller General's report, an ord drawn upon the 'Treasurer, for the sum of eight pounds six ! and seven pence halfpenny, State money of the seventh of 1781, in favour of Robert Merrick, in full of a certificate horse furnished by him for public use.


The Council met.


PHILADELPHIA, Saturday, August 9th, 1 PRESENT :


The Honorable JAMES EWING, Esquire, Vice Preside The Honorable James Irvine, George Wall, Junior, } E John Byers, James Potter,


The reports of the Comptroller General in favour of the ing officers and soldiers were read and approved, and drawn for the interest due to each on the tenth day of April, as computed by him, to be paid out of the money arising fn excise appropriated for the discharge of interest due upon ciation certificates, vizt :


Principal.


Lieutenant John McCullam, of the sev- enth regiment, £296 12 3 17


Patrick Cross, private of the second regi- ment,


The widow and administratrix of Martin Warner, 4th do.,


59 1 7 3.


59 6 1 %i


SUPREME EXECUTIVE COUNCIL.


611


imes Welsh, private of the seventh do., umes English, a Serjeant in the sixth regiment, bristian Young, Corporal in the fifth do., imes Evans, Serjeant, do.,


Interest.


Principal. 57 15 4 3 9 2


103 16 2


6 4 6


64 10 11


3 17 4 .


74 15 7


4 9


The Council met.


PHILADELPHIA, Monday, August 11th, 1783.


PRESENT :


His Excellency JOHN DICKINSON, Esquire, President. The Honorable JAMES EWING, Esquire, Vice President.


Honorable James Potter, John Byers, ?


Sebastian Levan,


Esquires.


Colonel William Henry attended and laid before Council a letter Im Colonel Coutes, engaging to stop in the hands of the Paymas- of the county of Philadelphia, the sum of thirteen pounds four- to shillings and ten pence, due to George Miller, & delinquent Llector of militia fines, for military services porformed by him : on which Council


Resolve, That the directions contained in the Secretary's O letter the twenty-fifth of July be adopted, and that Colonel Henry be Ered to release the said George Miller from his confinement so- Singly.


Che letter is as follows, to wit :


BIR :- Upon the petition of George Miller, the members of uncil present conceive that an assignment of thirteen pounds rteen shillings and ten pence, the sum for which he has been Lasted, should be made to you upon the credit of the sum due to said Miller for military services. This assignment accepted, Lmcil agree that the said Miller may be released from his con- aDent.


am, sir, with the utmost respect, your obedient and very hum- Servant,


COLONEL WILLIAM HENRY.


OHN ARMSTRONG, Junior, Secretary.


. The Comptroller General, by a letter of this day, informed the Ancil that he had discovered that before the granting the order VOL. XIII .- 41.


-


.


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MINUTES OF THE


of July the eighth, Colonel Philip Greenawalt had been poli full for his services as 'Town Major of Lebanon, in Lancaster ones ty, and that the entry of the said order is reversed in his books Ordered, That the same be now cancelled.


-


The Council met.


PHILADELPHIA, Tuesday, August 12th, 178%. PRESENT :


The Honorable JAMES EWING, Esquire, Vice President


The Honorable James Irvine, John Byera,


James Potter, Sebastian Levan, S


Upon the petition of George Wrightsman, convicted of boy's a tipling house at the last city court,


Ordered, That the fine of ten pounds adjudged to be yel t the use of the State by the said George Wrightsman, bem> ted.


An order was drawn on the Treasurer in favour of Richard De ing, for five pounds specie, being two months' pay advanced to" as a soldier belonging to Captain Thomas Stokeley's company !! Rangers in Westmoreland county, to defray his expences tol county, he having just returned from captivity, for which ma is to account, to be paid out of the fund appropriated to the tier defence.


Passes to Westmoreland county were granted to Richard In ing & William Marshall.


. Note .- That no fees were received.


·


-


The Council met.


PHILADELPHIA, Wednesday, August 13th, In PRESENT : His Excellency JOHN DICKINSON, Esquire, President The Honorable JAMES EWING, Esquire, Vice President James Irvine, James Potter,


John Byers, Sebastian Levan, Esquires In consideration of the long confinement of Anne Marti, Ordered, That her farther imprisonment be remitted. The Comptroller General's reports in favour of the folow officers and soldiers were read and approved, and an order dr


SUPREME EXECUTIVE COUNCIL. 648


:erest due to each on the tenth day of April, 1782, as y him, to be paid out of the monies arising from the opriated for the discharge of interest due upon depreci- icates, vist :


ing, private in the second ro-


Henry Piercy, of do. ` do. James Campbell, of first do. ans, Quarter Master Serjeant, arge, private of the second


Principal.


Interest.


84 16 7


518


29 14 9


1 15 8


81 8 9 1 17 8


62 18 8 3 15 4


59 1 7 3 10 10


40 14 5


2 8 9


18 1 6


1 1 8


250 2 34 21 0 1


Iliames, private in the sixth t,


55 7 4


3 6 5


oadhead, Esquire, Colonel of .0.,


341 9 6


20 9 8


Varner, private in the second


58 11 7


3 10 3


59 3 1 3 10 11


29


7 8 1 15 3


69


4 6+ 4 2 11


9 1


3 13 8


lexander, Bombadier Artillery re,


66 12 4


3 19 10


cobs, Drummer in the sixth


t,


e brother and administrator cis Davidson, late private in h regiment,


43 0 2


2 11 7


58 14 11


3 10 1


of a proclamation was laid before the Board, which being agreed to, in the following words, to wit :


resident and the Supreme Executive Council of the Com- monwealth of Pennsylvania.


A PROCLAMATION.


LAS, Divers ill disposed persons have manufactured or into this State quantities of base metal, in the similitude


Donald, private of fifth do., cElhatton, Fifer Invalid do., hn Duffield, Surg'ns Mato, ospital,


terson, Quarter Master's Ser- 'octor's do.,


93 5 1


5 11 10


[orton, private in the tenth


, a Dragoon of Cavalry, iver, Corporal of Artillery, ;ler, late a Corporal in the 11th


menos, discourage that's


lie reward of fifty pounds ia trods; fending in the manner aforesaid, to be paid same, to any person or persons who shall app said offenders, or any of them : And we dc direct and enjoin all Judges, Justices, She other civil officers within this State, to make fenders in the premises, that they may be h condigo punishment.


Given in Council, under the band of the Pri the State, at Philadelphia, this thirteenth c year of our Lord one thousand seven bund JOI Attest :- JOHN ARMSTRONG, Jun'r, Secre GOD SAVE THE CO


The President laid before the Board a dra which was agreed to, in the following words,


By the President, and the Supreme Exe Commonwealth of Pennsylvan


A PROCLAMATION.


WHEREAS, Divers disorderly persons have the laws of this State, presumed to messu claims, or to settle upon vacant or unappro; northwardly of the west branch of the riv


645


SUPREME EXECUTIVE COUNCIL.


desvours to prevent and discourage all such irregular proceed- gs, and to inforce a due obedience to the laws of this Common- aith.


wen in Council, under the hand of his Excellency the President and the less scal of the State, at Philadelphia, this thirty.first day of July, in the year of our Lord one thousand seven bun- red and eighty-three.


JOIN DICKINSON.


Attest-JOHN ARMSTRONG, Jun'r, Secretary. GOD SAVE THE COMMONWEALTH.


The Council met.


PHILADELPHIA, Thursday, August 14th, 1783.


PRESENT :


Honorable JAMES EWING, Esquire, Vice President.


Honorable James Irvine, John Byers, Esquires. James Potter, and Sebastian Levan,


"pon the Comptroller General's report, that many non commis- caed officers and soldiers of the Pennsylvania line have not yet the gratuity provided by a vote of the General Assembly of eighth day of March, 1781,


Resolved, That an order be drawn in favour of John Nicholson, aire, Comptroller General, for the sum of one hundred pounds, .Ce money of the seventh day of April, 1781, for the purpose of harging the said gratuity-he to be accountable.


letter from Monsieur Marbois, inclosing a second memorial Em J. B. Orie, upon the subject of the cargo of the ship Count Estaing, was rend.


pon the Comptroller's report on the account of Archibald Mur- , a soldier,


Resolved, That an order be drawn on the Treasurer in favour of


said Murphy, for the sum of twenty dollars in specie, to be out of the monies arising from the class tax appropriated to : recruiting service.


A letter from Captain Schrawder, at Wyoming, of the thirtieth ixao, and inclosurea, were rend.


646


MINUTES OF THE


The Council met.


.


PHILADELPHIA, Friday, August 15th, 1783.


PRESENT : His Excellency JOHN DICKINSON, Esquire, President The Honorable JAMES EWING, Esquire, Vice President. James Irvine, John Van Campen, r George Wall, Junior, John McDowell, Esquires. John Byers,


The following orders were drawn on the Treasurer, vist: In favour of Griffith Evans, for the sum of thirty seven pounds ten shillings specie, being one quarter's salary as Assistant to the Comptroller General, ending the fourteenth instant


In favour of James McMahan, for the sum of fifty-nine pound eight shillings and nine pence, State money of the seventh d' April, 1781, in full of two certificates of flour and beef furnished for the use of the public.


In favour of William Shaw, Esquire, for the sum of two be dred and eighty.five pounds eighteen shillings and four pence, State money of the seventh of April, 1781, in full of two certificate d provisions furnished for the use of the public-the two latter toh paid out of the fund appropriated by resolution of the General At sembly dated eighth of April, 1782.


A deed was examined and signed by the President to John Mu. well Nesbitt, for eleven lots or parcels of land situate in the cocaty of Philadelphia, sold agreeable to law, as the forfeited estate of An- drew Elliott, an attainted traytor. during the term of his natal life, for the sum of fourteen thousand six hundred and forty pound, lawful money of Pennsylvania. Deed dated this day.


The Council met.


PHILADELPHIA, Saturday, August 16th, 1783.


PRESENT : His Excellency JOHN DICKINSON, Esquire, President The Honorable JAMES EWING, Esquire, Vice President The Honorable James Irvine, John Byers, Esquire Jobn Van Campen, George Wall, Jun'r, S


Mr. George Gray, and Mr. John Steinmetz, a committee fra the General Assembly, waited upon Council and informed them the


SUPREME EXECUTIVE COUNCIL. 647


had now made a House, and were ready to receive any mes- which Council might have prepared for them.


le commission of Justice of the Peace for the county of Cum- nd, was ordered to issue to James Burns, Esquire, upon a n made agrecably to law


letter from Mr. McGaughey of the county of Bedford, advis- hat he cannot accept the appointment of Excise office for the county, was read.


The Council met.


PHILADELPHIA, Monday, August 18th, 1783. PRESENT :


His Excellency JOHN DICKINSON, Esquire, President.


10 Honorable JAMES EWING, Esquire, Vice President.


James Irvine, John McDowell,


John Byers, George Wall, Jun'r, John Van Campen,


James Potter,


Sebastian Levan,


Esquires.


rdered, That the Secretary be directed to wait upon the As- ily, and inform them that the business Council wish to lay be- them, will be ready early on to-morrow.


letter from the Minister of France, inclosing the memorial of French merchants settled in Philadelphia, was read.


letter from the Commissioners of the Taxes for the county of berland, was read.


he two following messages to the General Assembly were ght in by the President, read and approved, vist :


essage from the President and the Supreme Executive Coun- cil to the General Assembly.


ENTLEMEN :- At length the arduous contest for the freedom independence of America is decided in her favor, and we Lily congratulate you on the Articles of Peace, and the cessation Ostilities between the United States and Great Britain, and be- D the other belligerent Powers and that Kingdom, whereby a is put to the further effusion of blood, and the calamities that ys attend upon war.


Ar most ardent and devout thanks are due to the Supreme Ruler Le Universe, for this great disposition of events in which we Dur posterity are so deeply interested ; und it should be our :mined resolution, with a humble sense of our unworthiness, anifest our grateful voneration for the Divine Author of such


648


MINUTES OF THE


.


a deliverance as this, by an improvement of it to the best of pur- poses, and by an habitual tenor of life that may be pleasing in bis sight.


Our inattention would be inexcusable, if, on this great occasion, we should not warmly acknowledge how much we are indebted for our success, under Providence, to the friendship of our august Ally and the gallantry of his troops, and to the persevering fortitude d our officers and soldiers ; an army whose patriotism must over be remembered with affectionate reverence in these States, as long that liberty for which they fought and suffered shall continue to be an object of regard.


Your honorable House has testified such a respect for the merits of these brave men, that we trust the most strenuous efforts of this State will be exerted fully to secure to them all the compensation they are intitled to by solemn and legal compacts : Compacts, which peace and sovereignty are witnesses for them, that they ben faithfully aud nobly performed on their part.


Gentlemen :- The Secretary will lay before you letters from the President of Congress, of May the eighth and twelfth, June the tenth and twentieth, and July the twenty-second and thirtieth; from the Commander-in-Chief, of June the fourteenth; from the Superintendant of Finance, of March the seventeenth and twenty- fifth, April the seventh, May the twelfth, June the fifth and tve ty.first, and July the eleventh and twenty- eighth ; from the Secre tary for Foreign Affairs, of April the twelfth ; from the Goverse of Virginia. of June the twelfth, and July the twenty-third; from Gen ral Irvine, of June the third; from the Commissioners for the d.f. n of the navigation, of April the twenty-fourth; and from the Wardtens of this port, of June the ninth, with many inclosures. Year Lamorable House will observe that the communications nati na: al'airs contain matters of the greatest magnitude, which den :...: i : immediate attention. The arguments therein offered de- mon !!! r .. .. that immense as the advantages are that have been al- ready :... ind, yet the citizens of America must now determine whether they shall become blessings or misfortunes to them, and to sievoeding generations, and that all the materials of happiness are the wendy before them, if they will but take the pains to pas them properly together.


It w e.i be useless to recapitulate points, or to dwell upon sub- jects tani have been so accurately stated, and so ably discussed, but we iei ourselves impelled by a commanding sense of duty our en :. .. r., at this important crisis, most earnestly to recommend that the Confederation may be strengthened and improved. We are perl.cty convinced, that to advance the dignity of the Union is the best way to advance the interest of each particular Stata.


Winn the powers of the whole shall be so combined that general and ... l.j.w) concerns may be firmly governed by a Fodenl supr ::... .. and a competent part of the resources of the whole cas


649


SUPREME EXECUTIVE COUNCIL.


romptly and effectually drawn forth, and applied to national oses, all the benefits of respect, tranquility, and safety, that aturally attached to an extensive and well established Empire, be ensured, and at a rate much cheaper and more easy than my other method that can be devised. Indeed, without such nbination they never can be ensured. Every attempt to sub- be some other plan will be disappointed, and have a tendancy oduce all the miseries of intestine convulsions, and of foreign noc, if not invasion.


ason, honesty, and her own experience, prescribe the conduct Dught to be adopted by America, and let her not disdain, in ing upon her character and destiny, to take warning from the rm examples of other nations.


@ history of mankind does not afford an instance that has come r knowledge, of a people voluntarily united in such a cause, have ever broken that union, or weakened it by being neglect-


" the duties arising from it, without involving themselves in ful calamities.


> esteem it an indispensable duty at this time, to declare our >n, that all the authorities before mentioned may be vested in deral Council, not only without the least danger to liberty, hat liberty will be thereby better secured.


stakes upon this subject, in the circumstances now existing, have unhappy consequences, and therefore, we are solicitous the pretences assigned for jealousies of such authorities, and sotives through which they may be propagated, should be very ully examined. Every man who truly loves his country d boldly avow his sentiments upon this momentous point, and fully act up to them.


is a treasonable cowardice to flatter the prejudices of the un- med, and thereby to betray the welfare of them and their pos- y, for the sake of offices or applauses which they can bestow. sing is more easy for the selfish and the artful than this insidi- management. Human frailty is too apt to prefer things pre- and pleasing to those infinitely more valuable, if more remote. sit often debases and contracts its enjoyments by eagerness ste them. The unfeeling and designing encourage this irregu- -ppetite, that they may prepare victims to their inordinate pas- D. It is this temper, and this abuse of it, that so frequently fices the interests of millions, and of ages, for the gratifications few individuals for a few years.


Je period is arrived when a decision must be made that will er lead to order, reputation, and prosperity, or to confusion, >or, and distress. We fervently pray that Almighty God be pleased to inspire the people of this land with wisdom to s such a choice as shall establish their felicity upon a durable , and till time shall be no more, afford just cause for an Ameri- o rejoice that he is a citizen of the United States.


is not an internal or foreign enemy lo cort cherishes a hope that these considerations there will issue from this source of discords the to prove how essential Monarchy is to constitutio the conduct of Pennsylvania be ever influenced sound a policy as incontestably to shew that bei the happiness of her sister States in common w that no gainful or ambitious prospects can temp! bounds of this wise and virtuous moderation.


We join our anxious wishes to the recommend: quishment may be obtained upon such liberal pr stability of the Confederacy may not be endang claims in the western country to the United State be settled and disposed of by them for the ger that no time may be lost in obtaining such reling weighty considerations urge that this business be cuted and speedily coucluded. Longer delays wil very extensive if not irremediable mischiefs.


In addition to other reasons, the fraudulent quently used of late in impairing the value of 1 render the establishment of a mint expedient.


We are informed that some edicts have been la Europe that may be particularly injurious to the t and, therefore, they deserve notice.


As several offers have been made before Co their permanent residence, it appears to us ver · are desirous that such proposals should be now m that no State can be more sincerely disposed to c


SUPREME EXECUTIVE COUNCIL. 651


good consequences we expect would attend the execution esolve of the General Assembly made on the seventh of .780, by surveying and allotting to officers and privates of country reserved and set apart for their use Consid- e circumstances in which these much deserving fellow will now find themselves, this measure may afford them ief; and if any other mode for a more immediate allevia- heir distresses shall, in your wisdom, be judged practica- (now your Honorable House will be pleased with giving an il evidence of the attention due to men who have so sig- ved their country. Many of them have suffered by a ion of their unalienated certificates. This has occasioned expressions in the act passed on the twenty-first of last hat seem not to authorize payment of interest, even upon ns made after the original possessors have taken the oath ation required by the act. Thus, after they are proved to jects of the law, they are deprived of the advantages that ise, by transferring their certificates for their value, though ears to be the chief benefit intended in similar cases where nt funds are provided for the payment of interest. considerable amendments may be made in the laws for the ment of courts and the administration of justice. Courts and Terminer, General Gaol Delivery, and Nisi Prius, e held by the Judges of the Supreme Court, at certain places, in every county, so that the parties may have otice and be duly prepared for the trial of their causes. A is power is vested in Sheriffs, by leaving the election of tally dependant upon their pleasure. The entire and in- e benefits of that mode of trial ought, in civil and erimi- i, to be so secured to every Pennsylvanian that, conscious fe, liberty and property being guarded against the passions udices of persons in public office, he should have nothing ut the laws of his country deciding upon his actions and , in the judgment of his uninfluenced peers. Useful ex- of this sort have been given by several of these States. It be determined with precision, what statutes prior to the ion are in force here, or else a very indefinite kind of legis- committed to Judges. Errors in process and pleading e amendable upon reasonable terms, so that neither merits subverted by forms nor a disreputable laxity introduced into 'These regulations will promote the impartial adminis- of justice with the least delay and at the smallest ex-


nswers now sent, of two Judges of the Supreme Court, to s proposed by us concerning the legality of commissions of d Terminer, and the modes directed by acts of Assembly appointment of Justices of the Peace by Council, without tions of the people, may be of use in forming such a law nay think requisite thereupon.


652


MINUTES OF THE


The acts relating to marriages might be so amended that the licences would be in every respect more beneficial than they now are.


The discharge of debts due by the State, or if that cannot be soon accomplished, at least the regular payment of the interest, should be provided for, and well secured by adequate funds, that the best satisfaction which circumstances will permit may be given to the creditors. Continual and sometimes very affecting applications are made to us, but while we perceive the obligations of justice and the injuries and distresses attendant upon a nos compliance with them, we are unable to afford relief. It is esen- tial to the publick welfare that publick credit, upon which alone confidence can be founded, should be supported, and we earnestly wish the General Assembly would take into their serious consider- ation the ways and means for establishing a more regular and im- proved system of revenue. We believe that the burthens of the good people of this State might be thus relieved, and we shall c+ teem ourselves very happy if we can furnish any useful information upon this subject.


The acts for suppressing auctions, and those for imposts on goods, wares and merchandizes imported, require a revision.


There are several cases where, by former laws, proceedings were to be had before the Mayor and Aldermen, and similar poven have not yet been given to other Magistrates in their place.


The institution of a Chamber of Commerce would probably be attended with utility, in disputes among merchants ; and perhaps the integrity and experience of many worthy and well informed citizens might thereby be more particularly engaged than they otherwise can be to aid Government in affairs of trade and finance.


The passage of the river should be cleared, by removing the chevaux de frize. We have directed proposals to be received, but did not choose to proceed further without your approbation.


The highways are in bad condition, and the mode pointed out by law for mending them is judged by us exceedingly inadequate to the purpose of securing the best benefits that may arise from their being kept in good order.




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