USA > Pennsylvania > Colonial Records of Pennsylvania Volumes 1 > Part 20
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On motion, ,
Resolved, That this Council are clearly of opinion that the Pi- lots employed by the State are not chargeable with any Fines as Non-Associates, their duty being of such a nature as to make it highly improper for them to be absent on any occasion whatsoever, & do recommend to the Commissioners of Appeal to revise their judgment thereon.
An order was drawn on Dav'd Rittenhouse, Esq'r, Treasurer, for the Sum of Seventeen Pounds Sixteen Shillings & Nine Pence, ia favor of Will'm Trickett, for Books, &ca., purchased for the use of Council
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The Council Met.
PHILAD'A. Friday June 27th, 1777. PRESENT :
His Excell'y THO'S WHARTON, jun'r, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President. John Evans, Jonathan Hoge, & - John Proctor.
Esquires.
Colo. Donaldson of York County brought in a number of plates said to be found in the possession of a certain James Steward, who was arrested and committed to York Jail, but has since made his escape, and apparently designed for the counterfeiting the Conti- Dental Currency, To Wit : A back and front plate, with impressions similar to a Continental Thirty Dollar Bill ; A Back & front plate, with impressions similar to a Continental Four Dollar Bill ; A back & front plate of a two-thirds of a Dollar Continental Bill ; and a blank plate of the same size, together, also, with a Thirty Dollar Bill & four Dollar Bill, struck from the same plates, and a Bill struck with the four Dollar plate on one side & the Thirty Dollar Bill on the other side, with a deposition concerning the saine, which the Committee of the said County of York hath directed him to deliver to the Council or some other Public body.
Ordered, That the Secretary receive the same, give Colo. Don- aldson a receipt for them, and Seal them up.
On motion, agreed that Thomas Urie be appointed Sheriff of the County of Bedford, & that he be immediately Commissioned so- cordingly.
An order was drawn on the Treasurer in favor of James Loughead, Paymaster, for the Sum of Two thousand Dollars.
An order was drawn on the Treasurer in favor of Wm. Henry, Esq'r, for the Sum of Two thousand Dollars, to Pay Substitutes, &ca.
Mr. Smith, Mr. Lisle, Mr. Loughead, & Mr. Evans attended the Council by the direction of this Board, and they being interrogated respecting the complaint made by them against William Sykes; thereupon,
Ordered, That the further consideration of the said complaint be referred to Monday Afternoon.
Ordered, That a Writ be now issued to John Thompson, Esq'r, Sheriff of the County of Bucks, commanding him to hold an eleo- tion for the chusing of one fit person to represent the said County in Council, and make return thereof of the said Writ to his Ex- cellency in Council on or before the Twenty-first day of July next.
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Agreed, That John Griffin be appointed Coroner of the County of Westmoreland, & that a Commission for that purpose be issued accordingly.
Agreed, That Will'm Parker, Colo. John Piper, Sam. Moore, John Cesna, Chas. Cesna, & John Moore, or any two of them, be accepted as security for Thomas Urie, Sheriff of the County of Bedford, for his faithful performance of the said Office.
The Council met.
PHILAD'A, Tuesday July 1st, 1777.
PRESENT :
His Excell'y THOS. WHARTON, jun'r, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President.
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Jonathan Hoge, & John Proctor, Esquires.
Commission to Caleb Davis, Esq'r, as Clerk of the Quarter Ses- sions of the peace for the County of Chester, dated this day.
An order was drawn on Colo. Flower, in favor of Colonel Henry, Lieutenant of the City of Philadelphia, for Seventy Stand of Arms.
An order was drawn in favor of Colo. Henry on David Ritten- house, Esq'r, Treasurer, for the Sum of Eight Thousand Dollars, to pay substitutes, &ca.
An order was drawn on D'd Rittenhouse, Esq'r, Treasurer, in favor of John M. Nesbitt, Esq'r, for the Sum of Six Thousand dollars.
An order was drawn in favor of James Loughead, Paymaster of the Militia, for the sum of one thousand & five hundred dollars.
The Council met.
PHILAD'A, Wednesday July 2d, 1777.
PRESENT :
His Excell'y THO'S WHARTON, jun'r, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President. John Evans, John Proctor, . Jonathan Hoge, & Esquires.
An order was drawn on David Rittenhouse, Esq'r, Treas'r, in . favor of John Maxwell, Esq'r, for the Sum of One Thousand Biz hundred Dollars. .
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The Council taking into consideration the Petition of Simon Gore, a Militia man of this City, who was wounded at Perth Am- boy, last Summer ; thereupon
Ordered, That the said Petition be enclosed to James Young, Esq'r, & that he be requested to hold an Orphans' Court, agreeable to the Act to regulate the Militia of the Commonwealth of Penn- sylvania, for the purpose of relieving the said Simon Gore and others, according to the said Act.
An order was drawn in favor of Colo. Kirkbride, Lieut. of the County of Bucks, for the Sum of Three Thousand Dollars, for which he is to account.
A Letter from Christian Wirtz, Town Major of the Borough of Lancaster, in the County of Lancaster, dated June 25, 1777, was read in Council. Among other things Mr. Wirtz represents, that the British Prisoners threatened the destruction of Lancaster, and that it alarmed the inhabitants, & proposing for consideration re- moving of the said Prisoners to some other place ; thereupon,
Ordered, That it be recommended to the Delegates of this State in Congress, to represent the matter to the Continental Board of War, & that the said Letter written by Mr. Wirtz be laid before them.
The Petition of Abigail MeKay, now a Prisoner in the Goal of this City, praying to be enlarged on giving bail, was read ; and thereupon
Ordered, That she bo enlarged on Bail, with more or one sufi- cient sureties, in the Sum of One Thousand Pounds, conditioned that she appear at the next Court of Quarter Sessions and answer the charge which shall be brought against her ; & that in the mean- time she shall not reside or come nearer to the City of Philadelphia than the West side of Schuylkill on the Westward, and not nearer than three Miles of the said City to the Northward, for & during one Y'ear.
The Council met.
PHILAD'A, Thursday July 3d, 1777.
PRESENT: His Excell'y THO'S WHARTON, jun'r, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President. John Evans,
Jonathan Hoge, & John Proctor, & Esquires.
Agreed that instructions bo given to the delegates of this Stato in Congress, that the Troops lately arrived from Carolina may be employed to assist the Militia of this State and that of New Jersey in completeing the works at Billingsport, unless these Troops can render more essential service elsewhere.
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The Council met.
PHILAD'A, Friday July 4, 1777.
PRESENT : His Excell'y THO'S WHARTON, jun'r, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President.
John Evans, Jonathan Hoge, & John Proctor, 2 Esquires.
An order was drawn on David Rittenhouse, Esq'r, Treasurer, in favor of Colo. William Henry, for the Sum of One Thousand Pounds, for which he has to account.
On motion, agreed, That it be recommended to the Magistrates of the City to exert themselves in preventing any kind of Riot happening in the City this Evening; that the Town Mayor be ordered to parade with his Guard from eight O'Clock 'till Eleven, to prevent any disturbance which might otherwise happen this Evening; That a Bellman be sent round to give notice to the in- habitants, that the Council do expressly order all the lights made use of to illuminate the City this Evening, be extinguished at Eleven O'Clock. The Wardens are requested to order the Watch- men to attend at their Stands at 8 O'clock this Evening, in order to assist in preventing any riots which may otherwise happen.
James Hopkins, Esq'r, applied to the Board, and informed that he had orders from Gen'l Washington to go down the River Dela- ware on an expedition, and Gen'l Arnold requesting that he may be supplied a small Vessel & Four Batteaus for the said purpose ; thereupon
Ordered, That Captain Hazlewood supply the said Jas. Hopkins, Esq'r, with a small Vessel and four Batteaus, agrecable to the request of Gen'l Arnold.
On motion,
Ordered, That Will'm Sykes be summoned to attend the Coun- cil to-morrow Morning at 10 O'Clock, to answer the charge of Jas. Loughead & others, that he had seized a considerable quantity of Provisions & other Goods, which had been removed out of the City by proper Authority, to prevent their falling into the hands of the Enemy, & that he had brought them into the ('ity again without having obtained permission so to do of the Committee under whose direction they were.
It having been represented to the Council that Mr. Hobson bad declined accepting the appointment of the Justice of the Peace in the Borough of Lancaster ; And on consideration, Agreed That Will'm Henry, Esq'r, be appointed a Justice of the Peace for the County of Lancaster, in the room of John Hobson, Esq'r.
. Ordered, That a Dedimus Potestatum be issued, authorizing and empowering John Hubley, Esq'r, to qualify the Chief Bergoes of Lancaster.
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The Council met.
PHILAD'A, Saturday July 5, 1777.
PRESENT : His Excell'y THO'S WHARTON, Jun'r, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President.
John Evans, Jonathan Hoge, &
John Proctor, ~ Requirea.
Will'm Sykes attended the Council, according to the order of yesterday, and also Jos. Loughead, Robert Smith, John Lisle & Mr. Young, and the Council having heard the Parties, it appears that the said William Sykes had, in contempt of the authority of the Committee appointed to remove the Provisions and Goods out of the City, to prevent their falling into the Enemies' hands, brought back to the City a large Quantity of Rice & Indigo, which had been re- moved by them; whereupon the Council
Ordered, That Will'm Sykes do return the Rice and Indigo which now remains unsold, to the place from whence he brought them, & re-deliver them into the hands of the Committee appointed to remove the Goods out of the City, to prevent their falling into the hands of the Enemy, and that he give Security himself in the Sum of One Thousand Pounds, and Two sufficient Freeholders in the Sum of five hundred Pounds each, for his good behaviour for One Year.
Ordered, That the following Advertisement be published in the Public Papers, Viz. :
" In Council, Philad'a, July 5, 1777.
" WHEREAS, The Constitution of the Commonwealth of Penn- sylvania, in Section 30th, Ordains that Justices of the Peace shall be elected by the Freeholders of each Ward, District, or Township, as the Law shall direct, & that their names shall be returned to the President in Council, who shall Commissionate one or more of them for each Ward, District, or Township so returning, for Seven Years :
" And whereas, An act of Assembly intitled ' An Act directing the modes & times of electing Justices of the Peace for the City of Philadelphia, & the several & respective Counties of this Common- wealth, & for other purposes therein mentioned,' was passed on the 11th of February last :
" And whereas,, By inattention, mis-apprehension, absence of great numbers of Freeholders in the defence of their Country, (the Militia of several Counties being then in actual Service, shortness of- the times that had been appointed, neglect & other causes, some Districts, & also some Townships in Counties in which a Township has been made a District for this purpose,) did not hold the election:
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of Justices on the days by the said Aot appointed, and it was likely that like omission would happen in other places, of which the times for such Elections had not then elapsed :
" And whereas, On the 15th day of March last past, A Supple- ment to the said recited Act of Assembly was passed, to remedy all mistakes & lapses thereby given to the Freeholders in such cases to make their Election, which time is, now also passed :
" And whereas, In & by the said supplement, further provision was made in the Premises in the words following :
" And whereas, The Frecholders of the several Wards in the City of Philadelphia have neglected to Elect Justices of the Peace, as by the said Act was directed, and it may happen that some other parts of the State may also neglect to elect Justices, at the time in the said Aot, & by this Act directed.
" Be it enacted by the Authority aforesaid, 'That where any such neglect has been, or may be, at the time by the above recited Act, or by this Act directed, for the election of Justices for any district, in any or either of the said Counties, the Commissioners and As- sessors of such County or Counties, or any five of them, (in such County or Counties where they are directed so to do by the said Act,) are hereby enjoined & required to appoint a time and place for Election of Justices of the Peace for such district, and give notice thereof to the Freeholders who shall hold the said Election, and in all things relating thereto, act & do agreeable to the directions of the Act to which this Act is a Supplement ; and when they shall have elected Justices they shall be deemed & taken to be Justices of the Peace, as is in and by the said Act declared ; And whereas, notwithstanding the last recited section of the said Supplementary Act, the Freeholders of some Districts may yet neglect to Elect Justices of the Peace in manner aforesaid; Provision by said Sup- plement is further made, that upon application in Writing by Twenty or more of the Freeholders of any such District to the President of this State, it shall be lawful for the President in Council to appoint & Commissionate one or more Justice or Justices of the Peace, as the case may require, for any such District which may still neglect to elect Justices of the Peace; Wherefore, Notice is hereby given to the Freeholders of any District as aforesaid, wherein no Election of Justices of the Peace hath been hitherto holden, of the remedy provided by Law, and of the mode in which they ought to proceed in order to have justice duly Administered, and it is recommended, because of these words in the 3d Section of said Supplement above transcribed, "in such County & Counties where they are so directed to do by the said Act,' Words which seem to confine the appoint- mit of the time and place of the Election to the Commissionera & Assessors of the Counties of Philadelphia, Bucks, Chester, Lan- caster, Berks, York & Northampton, that in case of the return of may choice yet to be made of Justices in Cumberland, Bedford, Northumberland and Westmoreland, that said returns be accom-
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panied with an application in Writing from Twenty or more of the Freeholders of the District to the President, to appoint as aforesaid, in order to make the Commission valid, whatever said recited words may purport, at the same time the Freeholders may be assured that their elections and the return thereof shall be regarded as in other cases.
" N. B. Some Districts have perhaps made Elections regularly, but their Officers may not have made returns of the Persons Elec- ted, or having their returns, their returns may have mis-carried or fallen into the hands of ill-disposed persons, & may have been sup- pressed ; in such cases new returns are wanted, and it would be safe to send Duplicates.
" These lapses and defects prevent a Second Commission of the Peace for each County from being issued. while they should include. all the vacant Districts for single Commissions, being a great ex- pence on the Counties.
"Extract from the Minutes,
"TIMOTHY MATLACK, Secret'y."
Ordered, That the resolution of the Hon'ble House of- General Assembly, respecting the boundary Line between the State of Vir- ginia and this State, be sent by the President to the Delegates of Virginia in Congress. Jobn Riordon, Comm'r, of the Sloop Su- sanna, a Danish Flag of Truce, from St. Croix to this City, to carry . the family of the Marcoos from hence to that place, attended the Council, & represented some Difficulties which he labored under in consequence of being prevented from going on board the Men of War now laying at the Capes of Delaware, in order to obtain per- mission from them to come up to Wilmington, where Mr. Marcoo & his family now arc. The Council thereupon, recommended to Capt. Riordon to apply to the President of Congress for recommendation, such as he may think proper, to Henry Fisher, and pointing out what he may judge expedient in this case, or to the President of the Delaware State, the said recommendation, As the Flag of Truce, as the matter is now situated, does not relate to this State, and that a Pass be made out to Capt. Riordon under the lesser Seal, & signed by His Excell'y the President.
On motion, agreed, That Maj. Solomon Bush be appointed Depu- ty Adjutant General of the Militia of this State.
On motion, agreed, That John Haley, Esq'r, be appointed Clerk of the Orphaus' Court of the County of Philadelphia.
Win. Kelly, the Sheriff of Lancaster County, offers James An- derson, Sen'r, and James Anderson, jun'r, of Donegal, as security for the faithful performance of his Office, which the Council ap- prove.
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The Council met.
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PHILAD'A, Monday July 7, 1777.
PRESENT :
His Excell'y THO'S WHARTON, jun'r, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Jonathan Hoge, & John Proctor, Esquires.
An order was drawn on the Treasurer in favor of Robert Gal- braith, Esq'r, for the Sum of Four hundred Dollars, to be by him delivered to Colo. John Piper, Lieutenant of the County of Bedford, and for which he is to account.
Ordered, That the Secretary call on Will'm Sykes for the Secu- rity which he is ordered to give for his good behaviour.
Ordered, That the Sum of One Thousand Pounds be sent by Rob't Galbraith, Esq'r, to John Hubley, Esq'r, of Lancaster, to be by him forwarded to Bartram Galbraith, Esq'r, Lieut. of the County of Lancaster, for the purpose of purchasing Muskets, for which Sum he is to account.
Aa order was drawn on David Rittenhouse, Esq'r, Treasurer of the State, in favor of the Secretary, for the Sum of One Thousand Pounds, to be forwarded as aforesaid.
N. B .- The Money was paid the Secretary according to order, but Mr. Galbraith going out of Town, An order was drawn on the Treasurer aforesaid, in favor of Will'm Henry, for the like Sum, and the Secretary paid the Money to him, and exchanged the order with the Treasurer. .
An order was drawn on the Treasurer in favor of John Beck, for riding express, by order of Maj. General Armstrong, for the Sum of Thirteen Pounds.
The Council met.
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PHILAD'A, Tuesday July 8th, 1777.
PRESENT :
His Excell'y THO'S WARTON, jun., Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President. Jonathan Hoge, & John Proctor, Esquires.
James Hopkins, Esq'r, applied to the Council for eight men, to assist him in the expedition down the Delaware, ordered by Gen'l Washington.
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Ordered, That Commodore Seymour furnish James Hopkin Esq'r, with eight men from the Fleet.
Ordered, That the Commissary supply James Hopkins, Esq' with the Provisions which he may have occasion for.
An order was drawn on David Rittenhouse, Esq'r, Treasurer the State, in favor of Will'm Henry, Esq'r, Lieut. of Philadelphi for the Sum of One thousand pounds, for the purpose of payin Substitutes, & purchasing Blankets, &ca, for which Sum he is- account.
Gen'l Roberdeau informed the Council that Congress had c dered the Virginia & South Carolina Troops now in the Oit to march to Billingsport, to assist in completeing the works to.1 erected there.
Orders were drawn on Dav'd Rittenhouse, Esq'r, Treasurer the State, for the Sum of Six Pounds fifteen Shillings, in favor' George Gintner, for riding express; for the Sum of Fifteen Poun 'Two Shillings & Six Pence, in favor of Mich'l Boyer for ditto ;- for the Sum of Three Pounds Fifteen Shillings, in favor of Edw Stroud, for ditto.
The Council met.
PHILAD'A, Wednesday July 9, 1777. PRESENT :
His Excell'y THO'S WHARTON, jun'r, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Jonathan Hoge, & John Proctor, Esquires.
An order was drawn on David Rittenhouse, Esquire, Treasun of the State, in favor of John Maxwell Nesbitt, Esq'r, for th Sum of 'Two thousand pounds, for which he is to account.
Ordered, That Capt. Stiles be requested to send to this Boas an account of the Artillery with which he has lately supplied tt Militia at Bristol, Trenton, & Coryell's Ferry, to guard the Riv Delaware.
An order was drawn on Dav'd Rittenhouse, Esq'r, Treasurer the State, in favor of John Smith, for the Sum of Twelve Pound for riding express.
An order was drawn on Dav'd Rittenhouse, Esq'r, Treasurer, i favor of Colo. Benja Brannon, for the Sum of Five hundred Pound to pay Substitutes, to be Charged to Colo. Smith, Lieut. of tì County of Chester, for which he is to account.
The Council taking into consideration the many great indoatt niencys arising to the good people of this State from the -practfee+ enlisting of Servants & Apprentices,
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'Ordered, That the following Proclamation be inserted in the several Newspapers of this City :
" By the Supreme Executive Council.
" A PROCLAMATION.
" Whereas, great inconveniences hath happened to many persons in this State by the Continental Officers mistaking a recommenda- tion of the Hon'ble Congress, addressed to the several States, that Elaey would permit Servants to be enlisted into the Continental Service, for an authoritative direction in the premises; And Where- as, many of the said Officers are also Officers in the Pay of this State, have thereupon proceeded to enlist bought Servants, under m denture, to the great damage of their masters.
"And Whereas, the Legislature of the Commonwealth having had opportunity of perceiving that such inlistments, though dis- trening to the Masters, had not promoted the General Service to wD'y proportionable degree, have declined giving their concurrence in Gaid measure :
"And Whereas, some persons, pretending ignorance, may still inlist Servants; these are therefore, strictly to forbid all Recruit- ing Ofcers in the Continental Service, and all others, from enlist- ing Servants or Apprentices within this State, on pain of being prosecuted with the utmost rigour of the Law.
" THO'S WHARTON, jun'r, President.
" Philad'a, July 9, 1777.
" Attest- TIMOTHY MATLACK, Secretary."
The Council met.
PHILAD'A, Thursday July 10, 1777.
The Members of Council, Board of.War, & Navy Board, went down to Billingsport with Gen'l Armstrong, Mons'r du Caudray,
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The Council met.
PHILAD'A, Friday July 11, 1777.
PREBENT :
His Excell'y THO'S WHARTON, jun'r Esq'r, President. Bon'ble GEORGE BRYAN, Esq'r, Vice President. Jonathan Hoge, & John Proctor, Esquires. An order was drawn on Dav'd Rittenhouse, Esq'r, Treasurer, in favor of Will'm Henry, Esq'r, Lieut. of the City of Philadelphia,
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for the Sum of Five hundred Pounds, for the purpose of Paying Substitute & purchasing Blankets, &ca.
Caleb Davis, Esq'r, Prothonotary of the County of Chester, ap- peared, & took the Affirmation required by Law to Qualify him for that Office, and offered Thomas Cheney, Esq'r, as surety, with giv- ing One Thousand Five Pounds security ; And he having been ap- pointed Clerk of the Orphans' Court of the said County of Ches- ter, took the Affirmation required by the Constitution to Qualify him to aot in the said Office.
Will'm Lyon, Esq'r, having informed the Council (by Letter) that Mr. Agnew, the late acting Prothonotary of the County of Cumberland, had refused to deliver up the Seals & papers belong- ing to the said Office, and requesting the direction of Council there- on,
Ordered, That the Secretary write to Mr. Lyon, & let him know the mode of obtaining the Seals & Papers belonging to mid Office, as the Law directs, and that if Mr. Agnew persists, so as to make the interposition of Council necessary, on receiving attested Copies of the proceedings thereon, Council will take further order, thereon.
The Committee for driving off Cattle for the City and County of Philadelphia having represented to the Board that they thought their number too few, & recommended that the City & County of Philad'a be divided into five Classes, & that the Gentlemen named in each Class be appointed to the said duty, Vizt :
First Class. For Oxford, Lower Dublin, Moreland, & Byberry Townships, which comprehends all between Frankford & Poques- ton Creeks ; Jacob Zible, Sam'l Potts, Rudolph Neff, James Dun- gan, Sam'l Neaswinger, John Keen, Sen'r, & Sam'l Swift, Sam'l Erwin, Casper Fetters, Will'm Tilyer, John Britain, and Benjamin Watson.
Second Class. This District includes from Frankford to the bounds of the City ; Conrad Baker, John Stillwagon, John Hall, Isaac Coates, & Jacob Hill.
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