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Ordered, That Maj. Gen'l Arnold be notified to attend the afore- said examination, if he shall think proper so to do, & that the At- torney General be also notified to attend.
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The Council met.
PHILAD'A, Monday Feb'ry 1, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President. Joseph Hart, Jac. Arndt, John 'Macky,
Jas. Read, & Matt'w Smith, Esq'rs. -
The President laid before the Board a Letter from the President & Council of Massachusetts Bay, dated 14th January, 1779, rep- resenting a great scarcity of Bread, & requesting a suspension of the Embargo for their relief.
Ordered, That the Receipt of said Letter be acknowledged, & when this Board shall hear from Congress, to whom the said State hath also addressed itself, a further answer be given.
An order was drawn on the Treasurer in favor of Mr. Robert Allison, or his order, for the Sum of Four Hundred Pounds, to be charged to his, the said Allison's, account.
Also, in favor of Jacob Rotter, or his order, for the Sum of One hundred & Fifty-three Pounds, for Thirty-four days' hire of a light Waggon, to carry the Quaker Prisoners to Virginia.
Also, an order in favor of John Dialog, or his order, for the Sum of One hundred & fifty-three Pounds, for thirty-four days hire of a light Waggon, to carry the Quaker Prisoners to Virginia.
The Council met.
PHILAD'A, Tuesday February 2d, 1779.
PRESENT:
His Excell'y JOSEPH REED, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, James Read,
Jacob Arndt, Matt'w Smith, & Esq'rs.
John Macky, John Hambright,
An order was drawn on the Treasurer in favor of Jos. Stiles, Commissary of Military Stores, or his order, for the Sum of Four hundred Pounds, to be charged to account of the said Stiles.
The Congress having expressed their approbation of the Coun- cil's granting a Pass into New York, to a suitable person to settle the accounts of David Franks, late Commissary of British Prisoners, Congress referring to His Excell'y Gen'l Washington, the time
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& manner of going in; And the Secretary reporting that he had conferred thereon with Mr. Tench Tilgman, Aid de Camp to His Excell'y the General, & that Mr. Tilghman had recommended it to the Council to give Mr. Franks' Clerk a recommendation to the Officer commanding on the lines to pass into New York, as a Spe- cial Case.
Ordered, That a pass'to New York be granted to Mr. Patrick Rice, Clerk to Mr. David Franks, late Commissary of British Pris- oners, & to return again; & that Mr. Rice be recommended to Gen'l Maxwell, the Officer commanding on the lines next the Ene- my, that he be permitted to Pass without delay, it being a Special Case.
Mr. Nesbitt, Mr. Wilcocks & Mr. Fitzsimmons, a Committee appointed by the Merchants of this City, attended in Council & represented the ruinous condition of the Trade of this State, our Ports being blocked up by armed Vessels, which it was apprehend- ed, would be induced in the Spring to come up our Bay & River, and praying some protection, reminding the Council of the Vote of General Assembly for the purchasing of an armed Vessel, to which the Council replied, That the Assembly had not put Money into their hands sufficient for that purpose, &ca.
Ordered, That Patrick Rice give Bond with two sufficient Sure- ties, in the Sum of Ten Thousand Pounds, conditioned that he do not take into the City of New York any Letters or papers of any kind, save only his accounts, & the Papers & vouchers relating thereto ; That he do not by any means, directly or indirectly, bring or send out of the City of New York, any Continental Money or Goods of any kind; That he neither do nor say anything injurious to the United States of America, And that he will bring out no Let- ters or Papers of any kind except what relates to the accounts afore- said, but what he will on his arrival communicate to this Council.
The Council Met ..
PHILAD'A, Wednesday February 3, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, John Macky, McClean, & Esq'rs.
John Hambright, )
James Read, Thomas Scott,
An order was drawn on the Treasurer in favor of Mease & . . Caldwell, or their order, for the Sum of Six hundred & Seventy- eight Pounds & Eleven Shillings, due to Mr. Thomas Barclay,
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Merchant, for Salt Petre & Sulphur. (agreeable to the order of the said Barclay.)
Maj. Gen'l Arnold is said to have left this City early this Morn- ing.
An order was drawn on the Treasurer in favor of Capt .. Will'm Bratton, of the seventh Pennsylvania Reg't, or his order, for the Sum of Three hundred Dollars, for the Recruiting service, & charge the same to account of the said Bratton.
An order was drawn on the Treasurer in favor of Jesse Jordan, Waggon Master of a Brigade of Twelve Waggons from the County of Chester, or his order, for the Sum of Four hundred & fifty Pounds, to be charged to his account; & repaid on demand.
Resolved, That the Waggons sent by Gen'l Arnold to Egg Har- bor, having been drawn forth under the Law of the State, & the Waggoners not being able to proonre Payment, either from the Qr. Master's department or from Gen'l Arnold, who is departed from this City while the Complaint against him was depending, & they being in great necessity, the board ou't to relieve them, so far as to advance £450 until they can procure further redress; & that Jesse Jordan, the Waggon Master, give as pecial Receipt, to be ac- countable therefor.
Ordered, That Colo. Hart, Mr. Hambright & Mr. Scott, be a Committee to inspect the Goal of this City, & report the State of the Prisoners therein to this Council.
The Council met.
PHILAD'A, Thursday Feb'ry 4, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, John Hambright,
John Macky,
McClean, & James Read, Thomas Scott, {Esq's
Resolved, That it is the clear & decisive opinion of the Board, that the Several Fines for non-attendance and other delinquencies on the Militia Law, ought to be regularly collected, & that the Lieutenants & Sub-Lieutenants proceed against all persons who are not exempted by express Laws of the State.
A Petition from Mrs. Straker, Wife of Mr. William Straka, Praying a Certificate of the Permission of this Council for her Hur- band & herself to pass to St. Eustatia, & from thence to the Island of Barbadoes, was read; thereupon,
Ordered, That a Certificate be accordingly ispod ,for the mid purpose.
SUPREME EXECUTIVE COUNCIL. 685
The Petition of Hillary Baker, Jun., was read ; & On Consideration,
Ordered, That Hillary Baker, Jun., be appointed & Commis- ' sioned to be a Notary & Tabellion Public for the English & Ger- man Languages & Interpreter of the same.
The Council met.
PHILAD'A, Friday February 5, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Hon ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, John Macky, McClean. Thomas Scott,
James Read,
Jacob Arndt, &
Esq'rs
An order was drawn on the Treasurer in favor of Jacob S. How- ell, State Clothier, or his order, for the sum of Five Hundred Pounds, to be charged to his account.
A representation from William Crispin, Commissary of the State Fleet, respecting Provisions & Stores in the hands of Capt, Hous- ton, was read; &
On consideration,
Ordered, That the Provisions in the hands of Capt, Houston be delivered to William Crispin, Commissary of the State Fleet ; & that the Stores in the hands of the said Capt. Houston be delivered to Mr. George Henry.
Mr. Clymer, Mr. Gardner, & Gen'l Lacey, a Committee of the Hon'ble House of General Assembly, attended in Council, and in- formed the Council that the House was now met & ready to pro- ceed to such business as the Council shall think proper to lay be- fore them.
The following Address of this Council to the General Assembly of Representatives of the Freemen of Pennsylvania, Viz :
"In Council, Philad'a, Feb'ry 5, 1779.
" Gentlemen :-
" Your carly and punctual attendance upon the Public business, affords a happy presage that it will be conducted with Harmony and dispatch, & must demonstrate to our mutual constituents your regard & attention to their Interests. We shall endeavour to mani- fest a similar Spirit, & facilitate the measures which the public good may require, so that you may not be long detained from your families & private concerns ; and the interests of the Public effectu- ally & happily promoted. We have yet to lament, Gentlemen, that
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the futile & absurd ideas of conquering America are not yet so extinguished in the minds of our Enemies, as to induce them to give over the vain attempt, though it is highly probable, that is- stead of the pompous & useless marches of large Armies through a country which they could not conquer or retain, they will-adopt the meaner & crueller plan of depredation & sudden inroad Against these; therefore, whether upon our Coasts or frontiers, it highly be- comes us to make a seasonable provision; And in order to do this, as well as answer the various exigencies of government, we must request your earliest attention to your revenue, for without this you cannot expect security in War, or tranquility in peace. It is not to be expected that the current & ordinary income of the State will answer the extraordinary expences of War & danger ; but it is high time the former should be ascertained, & so enlarged as to afford a prospect of Payment of the Public debts in a reasonable time. The policy of Congress in calling in so great a Sum as Fifteen millions of Dollars, at this time, will require a similar policy on our part, so as to avail ourselves of the present plenty of Paper Money, and lessen a proportionate part of the Public debt. But in the meantime, it is our duty to acquaint you, that when we en- tered upon the execution of your Resolves of the 5th of December last, we found our Treasury in a condition very inadequate for the purposes .you recommended, & we have just cause to apprehend that our embarrassments on this subject are increasing, as the circula- tion of two large emissions of paper money has been stopped in ordinary Payment, though received at Public Offices, from which we may naturally infer, that all public Payments will be made in those emissions, useless to the possessor in the common course of. busi- ness. You will doubtless, therefore, esteem it necessary, if some mode to supply the Treasury with such Money as may be current & upon such an estimate of the public expence as may be formed under dur present circumstances.
" Before we proceed to lay before you the several matters neces- sary for your consideration, we think proper to acquaint you how far the several resolutions of your last sessions have been carried into execution.
" We have appointed Licu. Col. Farmer, (a supernumerary off- cer,) Commissary for the purchase of the Articles enumerated in your resolve of the 5th December, & he has made purchases to a considerable amount. We applied to the Gentlemen of the Army in December last, for a plan of distribution, which, when re- ceived, the Articles will be forwarded for their relief & comfort The upper bridge on Schuylkill is in part carried away; the Season of the year was too severe to admit the necessary work to be done for its security, though every step was taken for that purpose. The bridge at the middle ferry has been secured under our direction, by the care of the Officers & men of the Gallies, without any Article of considerable expence to the public. The
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SUPREME EXECUTIVE COUNCIL. 687 .
Clothing of the Officers of the Army has been. and will be an ar- ticle of considerable expence ; Finding the public & the army in- jured, in some respects, by the management of the department, we removed one Officer and shall inspect the conduct of all others, that abuses may not be repeated. We have disposed of all the Gal- lies & armed boats, except such as were necessary for immediate protection & defence, & could be well manned. We have discharged & paid off the Officers and men of the State Fleet who were super- numary, so as to reduce the remaining expence to a sum compara- tively small. 'T'he heavy expence of the Gun factory, though we had no reason to complain of the management of it, we have wholly suppressed, from a view of our present stock of arms, & be- lief that the State may now be supplied on cheaper terms. We have discharged some old and heavy demands of the recruiting ser- vice, the militia of the back Counties, and the Artificers formerly employed in public works. The Current and usual expenditures have also had their claims though but in part, satisfied. On the Sixteenth day of January last, we procured from Congress Sixty Thousand Pounds. The inconveniences of such applications to the United States, & the difficulties upon them, are well known to some of the Honorable members of your House; and as the ad- vance of Money to this State by Congress has been very great, (how- ever the final balance of the account may be,) we cannot but be- lieve you will approve of moderation & economy in such applica- tions.
" With such various demands, & many of them very pressing, & having no representation made to us, either collectively or individ- ually, of any depredations on Trade until Monday last, till last Week, & no suitable Vessell to be found in the Harbor, we did not attempt to provide a Ship of War for the protection of Trade ; for had no other difficulty occurred, the impossibility, in our cir- cumstances, of answering the heavy demands which it would have occasioned, was alone a sufficient bar ; We might also had here, that our 'Treasury having only the reprobated emissions, (except the Sixty Thousand Pounds,) this stroke of general Enance has affected all our measures."
" Agreeable to your desire, we made deligent enquiry after the forestallers of flour and other provisions in this City, & caused sev- eral suspected persons to be prosecuted ; but whether the com- plaints were not woll founded, or from a reluctance in the inhabi- tants to appear on such prosecutions, the parties were dismissed. We also issued a Proclamation, reprobating & prohibiting all such practices. Most earnestly do we wish an effectual remedy might be provided; but a more general detestation and abhorrence of them, we apprehend, must take place, before such remedy can be had.
"We would now suggest such modes as have occurred to us to remove, at least in part, some of those evils we feel, & many of those we fear. We think there are many proper subjects of Taze-
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tion yet untouched, & others too lightly ; such as all Carriages for pleasure & convenience only, & plate. The possessors of Siaves & indented Servants, can also well afford to pay an additional duty. These, with a general plan of 'Taxation adapted to the present value of Money, & carried fairly & firmly into execution, would have a great effect. But we would also recommend the Sale of the for- feited Estates, with all convenient speed. The prices would beer a proportion to the public debts, & at least put us on a certain foot- ing in this respect. Considerations of a political kind, we think, also press this measure forcibly. We would also recommend the accumulation of fines & other pecunary penalties, not so much as a fund of supply, as necessary for the advancement of public justice & the good order of the government. Fees & other licence money. & especially on Taverns, accruing to the State, & also such Fees as accrue to Officers or others, & have not been sufficiently raised to answer the exigencies of the present times, we think may also justly admit of increase, under some general proportional estimate. For we are bound to inform you that the present penalties for decline of necessary, though troublesome Offices, or for neglect or miscon- duct therein, & the allowances made, are now so reduced in valse as to afford no sanction or encouragement for the execution of the Laws.
" We would also again bring into your view a plan for the gradul abolition of Slavery, so disgraceful to any people, & more especially to those who have been contending in the great cause of liberty themselves, & upon whom providence has bestowed such eminent marks of its favor & protection. We think we are loudly called on to evince our gratitude in making our fellow men joint heirs with us of the same inestimable blessings, under such restrictions & regulations as will not injure the community, & will impercep- tibly enable them to relish & improve the Station to which they will be advanced. Honored will that State be in the Annals of History, which shall first abolish this violation of the rights of man- kind, & the memories of those will be held in grateful & everlasting remembrance, who shall pass the Law to restore & establish the rights of Human nature in Pennsylvania. We feel ourselves so interested on this point, as to go beyond what may be deemed by some the proper line of our duty, & acquaint you that we have re- ' duced this plan to the form of a Law, which, if acceptable, we shall in a few days communicate to you.
"The uuhappy disputes upon our borders, & progressive en- uroachments, especially on the part of Virginia, will naturally re- mind us how important itis that there should be as early a decision of these points as possible. By a Resolution of Congress passed the 23d of December, 1775, it was recommended to the State of Connecticut ' Not to introduce any Settlers on the disputed lands till the further order of Congress, or until the said dispute should be settled.'
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SUPREME EXECUTIVE COUNCIL.
" The present depopulated state of that disputed Territory may make it very proper, not only to remind the remaining settlers froma Connecticut of their precarious tenure, but the State itself of this resolve, which we apprehend never had the effect intended. The papers from Virginia, received since your late adjournment, are transmitted herewith ; from them you will judge what probability there is of a termination of disputes in that quarter. But so much do we wish to relieve our unhappy brothers from these distressing & irritating Claims, that we shall esteem our time and labor devo- ted to a most valuable purpose, in executing any measures you may determine for their relief, even to a personal attendance of any of our members on the scene of controvercy, if you shall judge it necessary."
"Some municipal laws in the administration of Justice, we would also recommend ; such as establishing . Court of errors on judgments given in the Supreme Court. It appearing to us that & determination of a single tribunal, binding upon the lives & pro- perties of the Subjects of the State, without review or revisal in any case, must, from the frailty of human nature only, soon be productive of great inconveniences. We would wish they should be prevented rather than remedied. The Suppression of Theatri- cal entertainments, formerly recommended by Congress, to which we would add Horse-racing, gaming & other diversions, productive of idleness & dissipation of manners, seems to us to claim the no- tice of the Representatives of an undepraved & cconomical people. Duelling, that resource of misapplied courage, so dangerous to the pesce of families & society, has lately grown so much into prac- tice that it may justly claim a share of your notice & censure.
The abuses of the process of attachments & replevins, which are taken out upon the Estates of attaiated Traytors, & upon Seizures for fines, & other public demands, call for some wholesome re- straints.
"Some prudent & proper cautions against clandestine Marriages, so often fatal to the peace & happiness of families, are highly de- serving of notice. If, as in all other cases where a third party is injured, the bond given on the Licence was assignable to the Parent or Guardians, for their special benefit, & publications of all marriages not celebrated upon Licence was required, it might have a happy tendency to introduce a prudent restraint, without intrenching apon the freedom of marriage, which the policy of all wise States has most judiciousły encouraged & protected.
" We shall now offer the last, though not the least, object of your public enquiry & deliberations ; we mean the nature & extent of the claims or Estates of the late Proprietaries, and their consistency with the interest & happiness of the people under the late revolu- tion. To reconcile the rights & demands of Society with those of private justice & equity in this case, will be worthy your most so- VOL. XI .- 44.
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rious attention ; nor ought the magnitude of the object, or the splendor & influence heretofore annexed to the power derived from that source, deter you from the enquiry or dazzle you in the pur- suit. The just regard due to the suspended rights of many indi- viduals of this State, & the common interests of all, do not admit that it should any longer be kept out of sight, though war, with all its calamities & confusion, has hitberto excluded it from the notice of a Government founded on the authority of the people only. "JOSEPH REED, President." being read, was approved; and thereupon,
Ordered, That the said Message be signed by His Excell'y, the President, & laid before the House by the Secretary, together also with the following Papers, Viz : Resolves of Congress of the Ist of January & of the 2d January ; A Letter from the Delegates of Virginia in Congress, & Resolves of the House of Burgesses of the said State, respecting the line between that State & Pennsylvania, dated
[Blank in Council Book. ]
A Letter from Jeremiah Powell, Esq'r, President of the Council of Massachusetts Bay, dated
[Blank in Council Book. ]
A Letter from Gov'r Morris & William Whipple, Esq'rs, a Committee of Congress, respecting forestalling ; and a Letter from Col. Butler & others, respeeting the Resolves of the House of No- vem. 14 & Decem. 5th.
The Secretary reports, that agreeably to the order of Council, he had presented to the House of General Assembly the Address of the President & Council, & had laid before the House the Papers the Council pleased to order.
The Resolves of Council respecting Maj. Gen'l Arnold being printed,
Ordered, That the Secretary do inclose one to the authority of each of the United States, and one to the Delegates in Congress of each State.
An order was drawn on the Treasurer in of the Hon'ble George Bryan, Esq'r, Vice President, or his order, for the sum of three Hundred Pounds, to be charged to his account.
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SUPREME EXECUTIVE COUNCIL. 69
The Council Met.
PHILAD'A, Saturday February 6, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, John Macky, Jacob Arndt, &
James Read, .
McClean, Thomas Scott,
Esq'rs.
On application,
Ordered, That Mr. George Henry do deliver to Col. Flower, Commissary of Military Stores, or his order, 375 two Pound Shot, 5 four Pound Shot, & 12 Six Pound Shot, for the use of the State of South Carolina, to be replaced by Congress.
Resolved, That a Supersedeas issue upon the Commission of the Peace of the County of Cumberland, so far as respects John Holmes, Stephen Dancan, Ephraim Steel, William Brown, John Harris, John Schuller, James Maxwell, & John Work, who having been elected & appointed Justices of the Peace for said County, have de- clined accepting the said offices.
Resolved, That Sam'l Laird, of Carlisle, be Commissioned as & Justice of Peace of the County of Cumberland.
Sundry Resolutions of the Senate & House of Delegates in Vir- ginia, were delivered in by the Delegates of Congress. from that State, & read & ordered to be sent to the Hon'ble House of As- sembly.
The Council met.
PHILAD'A, Monday February 8, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President. Joseph Hart, Jacob Arndt,
John Macky, John Hambright, & (Esq's.
McLean, Thomas Scott,
General Ewing attended, first time of his present coming to town.
Petition of Dr. Valentine Standly, jun'r, praying to be Paid as senior Surgeon of the State Fleet, & to be discharged, was read.
On consideration of his having been appointed Senior Surgeon by the Navy board,
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Ordered, That Doctor Valentine Stanley, do receive pay & Ra- tions as Senior Surgeon of the State Fleet until the first day of this instant, February, & that he be discharged, according to his request.
A Certificate of Mr. Holker, Agent General of the Royal Marine of France, that he had taken to freight the brig Industry, George Curwin, Master, with Provisions for the use of the Fleet of His most Christian Majesty under the command of Count D'Estaing, was read; & thereupon,
Ordered, That the Naval Oficer be directed to clear out the Sloop Industry, George Curwin, Master, for the Island of Marti- nique, with 48 barrels of Pork, 7 Tierces of Pork, 459 barrels of Flour, 107 barrels of Bread, 1 barrel of Rice, & 6 Tierces of Rice, for the use of the Fleet of his most Christian Majesty, under the command of the Count D'Estaing.
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