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MINUTES OF THE" .
On Consideration, ·
Ordered, That & Proclamation, under the Seal of the State, be issued agreeable to an Act of General Assembly entitled " An Act to prohibit the exportation of Provisions from the State of Pena- sylvania for a limited time," to suspend the operation thereof mo far as to admit the exportation of any of the Articles within the description of the said Act, for the use of the Fleet of his most Chris- tian Majesty.
A letter from Robert Galbraith, Esq'r, resigning his Offices of Prothonotary, Clerk of the Poace, Clerk of the Orphans' Court, Recorder of Deeds, & Register for the Probate of Wills, and also the Commission of the Peace for the County of Bedford.
Ordered, That David Espy be appointed & Commissioned to be Prothonotary, Recorder of Deeds & Register for the Probate of Wills, for the County of Bedford, & one of the Justices of the Court of Common Pleas for the said County,
Ordered, That David Espy be appointed & Commissioned to be Clerk of the Orphan Court of the County of Bedford.
The Council met. .
PHILADELPHIA, Saturday Decem. 19, 1778.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Jos. Hart, Matth'w. Smith, & > Bag'rs.
John Mackay, Tho's Scott,
The Plan of defence of the North Western frontiers of this Place, laid down by Col. Hartley, was now read & considered ; and thereupon,
Ordered, That the plan & Arrangement for the defence of the North Western frontiers of this State, laid down by Col. Hartley, & dated December 1st, 1778, is approved by this Council ; And that Col. Sam'l Hunter, Lieut. of the County of Northumberland, be directed to supply the Post at General Potter's, in Peun's Val- ley, with two Officers & Twenty Men, until further orders; And in case any other Officer should succeed Colo. Hartley in command, it is recommended that Col. Hartley's plan be pursued, as far as cir- cumstances will admit.
A Letter from the Marine Committee read, enclosing an engige ment on the part of the Minister of France, to Pay 'Twelve Thou- sind Dollars as a reward to any Vessel capturing or destroying any Vessel of the Enemy laden with Masts or Spars, & bound for Now York, Halifax, or Newport.
Ordered, That the same be filed.
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SUPREME XXROUTIVE COUNCIL. 64Z
A Certificate from Col. Nicola was read, that Lieuts. Honeyman, Pagh, & Wood, of the Pennsylvania line, have been regularly transferred to the Corps of Invalids ;
Ordered, That Mr. Howell deliver them Closthing proportioned in quality & quantity to other Officers of the same Rank in the line of the State.
Petition from Henry Sherer, & other Taylors, who have demands for work done for Colo. Moylan's Regiment of Light Dragoons .. Ordered, That it be returned as not laying before the board.
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The Council met.
PHILADELPHIA, Monday Decem. 21, 1778.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President. .
Hon'ble Gzonen BAYAN, Esq'r, Vice President. :
Joseph Hart, John Mackay, Matt'w Smith,
Jac. Arndt, & Tho's Scott, -
On consideration,.
Ordered, That the Attorney General be directed to conour in any measures which, in conference with the other Council concera- ed, he shall think proper, to obtain a re-consideration of the osuse of the Slo. Active, wherein the State is concerned.
A Letter from Gov'r Johnson of Maryland, inclosing an Act of Assembly of that State against the distillers of Wiskey, dos., was read; and immediately thereupon, a Copy of the Law of this State for the like purpose was forwarded to Gov. Johnson.
Rad. Die, P. M.
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FRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Joseph Hart, & ? John Mackay, Esq'rs.
Ordered, That Col. Nicola be directed to Muster the Militis of the County of Philadelphia, under the Command of Col. Dean, & report to this Council
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MINUTES'OF PHLE .
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The Council met.
PHILADELPHIA, Tuesday Deoem. 22, 1778. ·
PRESENT : 1
His Excell'y JOS. REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, John Mankay, Matt'w Smith,
Jac. Arndt, &
'Tho's Scott, Esq'ra.
On consideration,
Ordered, That in addition to the News Papers now taken of Dunlap of this city & of Mr. Collins of Burlington, the following News Papers be taken, Viz :- Mr. Purdy's, of Williamsburg, in Virginia ; Miss Goddard's, of Baltimore, in Maryland ; Mr. Lou- don's, at Fishkill, in the State of New York ;
New Haven, at Providence; Mim. Kides & Gills, & Powers, & Willis's of Boston ; and that the Sco- retary do write to the said Printers respectively, & request them to send their Papers Weekly.
Ordered, That there be printed Three Hundred Copies of the Passports which are to be given to Ships & Barques, according to the 27th Article of the Treaty of Amity & Commerce, done at Paris, the sixth day of February, One Thousand Seven Hundred & seventy-cight ; And that the same be issued under the less Seal of the Commonwealth of Pennsylvania, and signed by the Presi- dent or Vice President, and countersigned by the Secretary.
The Secretary reports, That there are now no Commissions for private ships of War in his hands, & laid before the Council Twen- ty-two Bonds, taken on the issuing a like number of Commissions. Two Commissions filled up on applications & not called for, which completed the Twenty-four Commissions received on the 31st Au- gust, 1778, from the Hon'ble Henry Laurens, Esq'r, late President of Congress; and also two Bonds, taken on the issuing of a like number of Commissions, part of a former number received by Council, & that there had been One Commission sent to the State Navy Board, which that Board had not accounted for; And there- upon,
Ordered, That the same be sent to the Hon'ble John Jay, Esq's, President of Congress.
Plunket Flceson, Esq'r, attended in Council, & administered to the following named persons the Oath of Allegiance & fidelity re -.. quired to be taken by the Act of General Assembly, passed the fifth day of this instant, December, entitled " A further supple- ment to the Act entitled ' An Act for the further security of Gov- ernment,'" Viz't : His Excell'y Joseph Reed, Esq'r, President;
SUPREME. EXROUTVE OQUINOIL. 649
The Hon'ble George Bryan, Esq'r, Vice President; Hon'ble Joseph Hart, John Mackay, Matt'w Smith, James Read, Jacob Arndt & ; Thomas Boott, Esq'rs, Members of Council.
And he also administered the Affirmation of the allegiance fidelity aforesaid, to Timothy Matlack, Esquire, Secretary of the Council.
Passes to New York ordered for Sarah Williamson, Wife of Jesse Williamson, to return again. James, a Lad of 14 Years of Age, belonging to that City. Mary Ginn, Wife of Capt. Ginn, com- ; manding a Merchant Ship in the Enemy's Service, not to return.
Ordered, That Mr. George Henry be and he is hereby appoint- ed Commissary of Naval Stores of this State, & that he be autho- ( rised to take into his care and Custody the Vessels of every kind not in Commission, Guns, Arms & other Naval Stores, the whole to be collected together as much as Possible, & all the Offers of the State & others, are hereby required to deliver up to the said Commissary the several articles herein mentioned, as they will answer the contrary at their Peril ; And for his trouble herein, this board so agree to allow him eight Dollars per day, exclusive of the . necessary expences attending the safe keeping and preservation of the Stores.
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The Council met.
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PHILADELPHIA, Wednesday Dec'r 23, 1778. .
PRESENT :
His Excell'y JOSEPH REED, Esq'r,. President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, James Read, ·
John Mackay, Jacob Arndt, &
Matt'w Smith, Thomas Scott,
(Esq'. !
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The two following orders were drawn on the Treasurer, Vis : In favor of Ebenezer Cowell, or his order, for the Sum of Five hundred Pounds, to be charged to his account.
In favor of John Parker, or his order, for the Sum of Fifty Pounds, to be charged to his account.
Ordered, That the Secretary prepare a Circular Letter to each of the absent Delegates in Congress, acquainting them that since the late appointment the State has seldom been represented by more than two, & frequently only by one, which is attended with great inconvenience to the Continent in General & prejudice of this State in particular, & to desire they would with all convenient dispatch to repair to Congress and agree among themselves, so that in future a certain day not less than three, may always attend. . 1
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660.
MINUTES OP TAIN ..
Letter from His Excell'y Gen'l Washington, deted, Middle brook, December 17, 1778, was read, stating sundry. inconvenien», cies arising from the intercourse as at present carried on with the . City of New York, & proposing that Flag boats shall go caly at stated periods, (unless in extraordinary Cases,) & desiring the con- currence of this board thereon.
Resolved, That the President do acquaint the General that tis board approve the said proposition, & as soon as be bas fixed on the stated time of permission, will grant passes conformably.
A Petition from Peregrine Jones, late Clerk to the Gun Factory,. Who read, praying an allowance beyond his Pay, to enable bim do remove into the Country.
Resolved, That the Prayer of his Petition cannot be granted.
A Petition from Henry Myers, praying remission of his Bine, was read, and
Ordered, To lay upon the table till inquiry be made into bin: ability of Estate.
A Petition from Thomas Fell, Thomas Philips, William Rozen, &. Alexander Campbell, Officers lately discharged from the State Navy, praying the same allowance as dismissed Continental Officers, & thet they may receive their Prize Money out of the Wreck of the As- gusta & Merlin.
Resolved, That the Secretary acquaint them by Letter That Council desire they would lay before them a state of the tranese- tions respecting the said Wrecks, by whom the said property was taken, & in whose hands the same now is, no part thereof having been yet accounted for to the Public, as appears to this board.
Philip Weiss of Arch Street, & John Philips, of Letitis Court, formerly & Ginger bread baker, having been represented to this board as guilty of forestalling & enhancing the Price of flour,
Ordered, That the Secretary acquaint James Young, Esquire, or some other Magistrate of the City, therewith, in order that they be brought to: Justice.
The Council met.
1 PHILADELPHIA, Thursday Deceza. 24, 1778.
PRESENT :
· His Excell'y JOSEPH REED, Esq's, President. Hon. GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, James Reed,
John Mackay, Jacob Arndt, & Faq'ra. Matt'w Smith, Thomas Scott,
An order was drawn on the Treasurer in favor of William Cris- pin, Commissary of the State Fleet, or his order, for the 8um of Five Thousand Pounds, to be charged to bis Account.
651
SUPREME EXECUTIVE COUNCIL.
An order was drawn on the Treasurer in favor of Sam'l Harris, Esq'r, or his order, for the sum of Sixty-two Pounds fifteen Shil- lings & three Pence, for repairing Arms for the Militia in service in the Army of Northumberland.
An order was also drawn on the Treasurer in favor of the Hon'ble John Mackay, Esq'r, or his order, for the sum of Three Hundred Dollars, to be charged to his account.
A Certificate that the Sloop Mars is laden with Provisions for the use of the French fleet, signed by the Hon'ble the Sieur Ge- rard, was read in Council, & thereupon
Ordered, That the Naval Officer be directed to clear out the Sloop Mars, belonging to Mr. Nesbitt.
Ordered, That Col. Lewis Farmer be appointed to purchase Rum & other Articles, for the use of the Quota of Troops of this State in the Continental Army, & to forward the same to the Army, agreeable to a Resolve of the House of Assembly, and that he be allowed two @ Cent for this service.
The Council met.
PHILAD'A, Saturday Decem 26, 1778.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Joseph Hart, &
Thomas Scott, Esq'ra.
The Council Met.
PHILAD'A, Monday Decem. 28, 1778.
PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President. Jos. Hart, John Hambright, & { Eeq'ra.
John Mackay, Jacob Arndt,
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MINUTES OF THE :
The Council met.
PHILAD'A, Tuesday Decem. 29, 1778.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice-President.
Joseph Hart, James Read, r John Mackay, Jacob Arndt, & Esq'ra. Matt'w Smith, John Hambright,
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Major Jacob Arndt, Esq'rs account of attendance in Council, October 1777 :
Attendance in Council of Safety 14th & 15th October, @ 258.
£2 10 0
Attendance in Council from 5th November to the 13th December, included, 39 days @ 35s. . Mileage on 80 Miles @ 10d. 6 13 4
68 50 .
Attendance in Council from the 9th January to the 19th February, 42 days @ 35s. 78 10 0
Mileage on 80 Miles @ 10d.
6 13 4
Attendance in Council from 27th March to the 1st July, 97 days @ 35s. -
169 15 0
Mileage to Lancaster, 80 Miles, @ 10d.
3 6 8
Mileage from Philadelphia home, 60 Miles, 2 10 0
Attendance from 13th July to 2d Septem., 52 days Mileage on 60 Miles @ 10d.
91 00
500
Attendance from 17 Deum. to 29 Deum., 104 days @ 458. - .
234 00
Mileage on 60 Miles @ 1s. 6
9 00
672 3 4
An order was drawn on the Treasurer in favor of the Hon'ble Jacob Arndt, Esq'r, or his order, for the sum of Six hundred and Seventy-two Pounds three Shillings & four Pence, for his Pay & Mileage, according to the foregoing account.
The Council taking into consideration the case of
School-master, now confined in the Goal of the County of Lancas- ter, he having been convicted of keeping a School, not having taken the Oath of Allegiance according to Law, & fined by the Court of Quarter Sessions of the Peace for the County of Lancaster, in the sum of One hundred Pounds.
Ordered, That the fine of One hundred Pounds, adjudged by the Court of Quarter Sessions of the Peace for the County of Lancas -. ter, to be paid by Josh'a Bennett, (he having been Convicted in
858
SUPREME EXECUTIVE COUNCIL.
the said Court of having kept a School, not having taken the Oath or Affirmation of Allegiance to the State, according to Law,) be re- mitted.
The Council met.
PHILAD'A, Thursday December 31, 1778.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President. Jos. Hart,
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Matt'w Smith, & ¿ Esq'rs.
John Mackay, Thomas Scott, .
An order was drawn on the Treasurer in favor of Captain John Pearson, of the 9th Pennsylvania Reg't, or his order, for the 8am of One thousand Dollars, for the Recruiting Service, the same to be charged to his account.
A Letter from Robert Morris, mentioning his receiving num- ber of Arms from Cape Francois, of which 167 Arms belong to this . State, & that the freight of these, & of a former parcel, Amounted to £622 18.
Ordered, That 167 Stand of Arms belonging to this State of Pennsylvania, now in the hands of Rob't Morris, Esq'r, be deliv- · ered to Capt. Jos. Stiles, Commissary of Military Stores.
An order was drawn on the Treasurer in favor of Robert Morris, Keq'r, or his order, for the Sum of Six hundred & Twenty-two Pounds & Eighteen Shillings, for the freight of Arms belonging to this State, & imported by the said Morris from Cape Francois ..
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The Council observing in the Pennsylvania Packet of the 20th instant, some acrimonious remarks by Brig'r Gen'l William Thomp- son, of this State, in the Continental Service, on the Conduct of the Hon'ble Thomas Mckean, Esq'r, Chief Justice of this Com- . monwealth, & there being probability that the same may have ref- erence to proceedings in Congress;
On consideration,
Ordered, That the Delegates of this State in Congress, be re- quested to furnish this Council with the proceedings of Congress in such Cases as may probably in any wise have given rise to those Charges & remarks, with the evidence which has appeared thereon ;
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. so far as Consistant with their duty to Congress, they are liberty to make the same known.
Council taking into Consideration the Cases of James O'Bryan & John Ellwood, now under Sentence of Death,
Ordered, 'That they, & each of them, be further reprieved, for & during Sixty days, & that Warrants under the less Seal, for the Stay of Execution of their Sentence, be accordingly issued.
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MINUTES.OF THE
1 :Ordered, That for the ensuing Year three of each of the follow- -ing News Papers be taken, Viz :
Mr. Dunlap's, Mr. Bradford's, Messrs. Hall & Sellers.
Council being informed that attempts had been made by attach- ments, replevin & otherwise, to recover effects or Sums of Money due, or pretended to be due, to the Plaintiffs in such suits by Trai- tors attainted of High Treason : And
Whereas such proceedings without any Defendant to answer, may be productive of much injustice, both public & Private ; To pre- vent therefore, the good People of this State from putting them- selves to unnecessary expence & trouble, the Secretary is ordered to give Public notice, that the Attorney General has been directed to appear in behalf of the State in such suits, & move to quash all Process founded, or take such other steps as the Law may require, to prevent such irregularities, & to caution all persons against purchas- ing any Estate, effects heretofore belonging to such Traitor or Tra- tors, (unless sold by the Public Agents.)
The property thereof being clearly vested in the State by the sot of General Assembly, intitled " An Act for the attainder of divers Traitors, if they render not themselves by a certain day, & for vesting their Estates in this Commonwealth ; And for more if fectually discovering the same, & for ascertaining & satisfying the lawful Debts & Claims thereupon," subject to all just demands, for which a remedy is given in the Supreme Court by a summary Process.
Ordered, That the Sheriff, or in his absence the Coroner, do im- mediately execute the Process issued by this Council on the eighth instant, upon the salt laying in Prichard's Store, on the South ide of Chestnut Street Wharf; that he deliver the same to Mr. George Henry, Commissary of Stores ; And it being represented to this board by the Commissary General for Provisions of the United States, that the said salt is indispensibly necessary for the use of · bis department, it is further
Ordered, That Mr. Henry deliver the same at the current price to the said Commissary, taking an exact account of the quantity, & returning the same to this board as soon as possible; And that upon Receipt of the purchase Money from the said Commissary General, he pay the same, deducting his charges (if any,) & his .Commissions, to the Treasurer of the State.
Letter from Col. Hunter, Lieutenant of Northumberland, and Laid on the Table for an Answer.
Ordered, That the Secretary write to the Lieut. of Berka Coun- ty, to call upon a Col. Lindemoth, or his Lieut. Colonel, stationed last summer at Fort Jenkins, in Northumberland, for five Rifiles taken from one Webb, charged with disaffection.
A Letter from Gen'l Washington, dated 27th inst., respecting ·the mode of supplying the Troops with Spirits & other noccessripe, & recommending . Mr. Moss to give information on this subject, was read.
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SUPREMA. EXROUTEVE COUNCIL.
Letter from Mr. Sprogell, Muster Master, inclosing a Master Roll of the Troops ordered as an Escort to the Convention Priso- Ders, & requesting some Pay to be advanced to him.
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The Council met.
PHILADELPHIA, Friday January 1, 1779.
PRESENT:
His Excell'y JOS. REED, Esq'r, President.
·
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, James Read,
John Macky, John Hambright, & (Faq'ra.
Mathew Smith, Thomas Scott,
Petition of John Tyler, respecting his account, &ca., was read. Ordered, To lie on the Table.
Lieu. Will'm Macpherson having communicated to this Council :his intention of offering his service to Congress, & requesting a.ro- commendation,
Ordered, That in regard to the memory of his brother Maj. John McPherson, who fell before the walls of Quebec, as well as ' in consideration of his own merit, this Council do recommend Lien. William MacPherson to the favorable notice of Congress A Letter from Dan'l Roberdeau, Esq'r, was read.
The case of Henry Myers being now taken into consideration, & it appearing that the party injured by him had recommended him to the clemency of Council, & that he is very poor, do unable to pay his fine,
Ordered, That the fine laid by the Court of Quarter Bessions of the Peace for the County of Philadelphia, on Henry Myers, now in the Gaol of the said county for misdemeanor, be remitted. An order was drawn on the Treasurer in favor of Robert Ali- son, or his order, for the sum of Three Hundred Pounds,to be charged to his account.
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MINUTES OF TÅR ...
The Council met. 1
PHILADELPHIA, Saturday January 2, 1779.
PRESENT :
His Excell'y JOSEPH REED, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President. Joseph Hart, James Read,
John Macky, John Hambright, & Esq'rs.
Matthew Smith, Thomas Scott,
The following returns of the election for chusing persons to be returned for the consideration of Council, & appointment to be Justices of the Peace, were now read, Vizt :
For High street Ward, William BaH & Stephen Collins; For Chesnut Ward, William Adcock & Joseph Morris; For Walnut Ward, Samuel Morris & George Henry.
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An order was drawn on the Treasurer in fav. of the Hon'ble Joseph Hart, Esq'r, or his order, for the sum of Five Hundred & Forty one Pounds and five Shillings, for his attendance in Council Two hundred & seventy-five days, ending with the last year, Vis:
: from the 1st day of April to the 2d Sept. inclusive, 155
days, & 35s. - £271 5 0 from Septem. 3d to Decem. 31, inclusive, 120 days, . 458.
270 0 0
£541 5 0
An order was also drawn on the Treasurer in favor of the i Hon'ble Joseph Hart, Esq'r, or his order, for the sum of Four , Pounds & ten Shillings, for his expences in hastening the Militis . of Bucks County to escort the Convention Troops thro' this State · to Virginia.
An order was drawn on the Treasurer in favor of William Jor- dan, or his order, for the Sum of Eighty Four Pounds, for fourteen halling, for repairs, &ca., near the State House.
Ordered, That this Council will hear the Complaints against the Election for Councellor in the County of York, Ten days after the day appointed for the next meeting of the General Assembly.
An order was drawn on the Treasurer in favor of Lodowick Spro- gell, Muster Master, or his order, for the Sum of five hundred Dol- lars, to be charged to account of the said Sprogel.
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SUPREME EXECUTIVE COUNCIL.
657
The Council met.
PHILAD'A, Monday January 4, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, John Hambright, & )
John Maeky, Matt'w Smith,
'Tho's Scott,
$ Esq'rs.
Capt. Boys attended in Council, & received directions to keep a guard at the Middle Ferry, to take care of the Bridge, & to spring it in case of a thaw or a fresh.
An order was drawn on the Treasurer in favor of John Kebz, or his order, for the sum of twelve Pounds & five Shillings, for riding Express.
An order was also drawn on the Treasurer in favor of Mr. Sam'l Harris, or his order, for the Sum of Eighteen Pounds and fifteen Shillings, for one Month's Service, in the issuing of Stores to the Militia in the County of Northumberland, in Continental Service.
The Petition of Matthew Clarkson, Marshall of the Admiralty, stating his difficulties with respect to the disposal of the produce of the sale of the Sloop Active & her Cargo, & " craving the orders, advice & directions of Council in that case," was read; and
On Consideration,
Ordered, That the Marshall of the Admiralty be informed that it is clearly the Opinion of this Council that he is bound to obey the orders of the Judge' of the Admiralty as his immediate superior in authority, according to the best advice & Council which he (the Marshall) can obtain.
Capt. Will'm McPherson, late in the British Servico, attended in Council by order, & represented that he had some Months ago resigned his Commission in the British Service, & having repeatedly to Gen'l Clinton for leave to go out of New York he had been re- fused, & that he made his escape from thence.
WHEREAS, the keeping of Gunpowder in or near any Town or City is highly dangerous & contrary to Law ; And whereas, there is reason to believe that considerable quantities of Gunpowder are now Warehoused in the City of Philadelphia, & in the Towns of this State, to the endangering of the lives of many of the inhabitants, This board therefore, think proper to signify to all persons possess- ing of Gunpowder, that strict enquiry will be made concerning the nuisance oforesaid, & prosecutions commenced against all persons Offending in the Premises.
VOL. XI .- 42.
658
MINUTES OF THE
An order was drawn on the Treasurer in favor of James Dun- das, Paymaster of the Workmen at Billingsport in 1777, or his order, for the Sum of One thousand Pounds, to be charged to his acoount.
A representation of the case of Edward Agnew, belonging to this State, made Prisoner at the storming of Quebec, in the year 1775, & since suffering extreme distress & hardship in effecting his escape, having failed in two attempts and been treated with great serverity, & now effected it, & his representation being supported by unquestionable testimony, being laid before the Council, & the same appearing to be a case very singularly, & the spirit shewn by this brave Man to be worthy of Particular notice;
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