USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XI > Part 16
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The Council met.
PHILAD'A., Saturday March 15th, 1777. P. M.
PRESENT :
The Hon'ble GEORGE BRYAN, Esquire, Vice President.
John Hubley, John Lowdan, and
George Taylor, John Procter,
S Esquires. Jonathan Hoge,
Mr. Fitzsimmons and Mr. Ritchie, from the Navy Board, were introduced, and presented a Memorial respecting the Oath or Af- firmation of Office, with the Minutes of the said Board, which was Read, viz. :
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SUPREME EXECUTIVE COUNCIL.
" The Honorable the Supreme Executive Council of the Common- wealth of Pennsylvania :
" Gentlemen :
" By the Minutes of this Board, which we have the Honor to in- close, you will perceive that Nine Members present have resolved not to take the oath or affirmation of allegiance tendered to them by a mem- ber of your Honorable Board. We do not apprehend that the reasons on which our dissent are founded is expected, but we think it neces- sary to make known to your honors that we are willing and ready to take an Oath of Allegiance to the United States, as well as the Oath of Office ; And that We are extremely desirous of rendering every service in our power to this State, in any Capacity in which we can be useful.
" We are, with great Respect, Gentlemen, " Your most Obed't Humb'le serv'ts, " ANDREW CALDWELL, "ROBT. RITCHIE, " MANUEL EYRE,
"THOMAS BARCLAY,
"THOMAS FITZSIMMONS,
" WM. BRADFORD,
" JOSEPH BLEWER,
"SAMUEL MASSEY,
"PAUL COX, " JOSEPH MARSH.
"State Navy Board, March 14, 1777."
-
State Navy Board, March 14, 1777.
PRESENT.
Ten Members.
Mr. Hubley, from the Supreme Executive Council, having tendered to the Members of this Board the Oath or Affirmation of Allegiance prescribed by the 40th Section of the Frame of Gov- ernment formed by the late Convention of this State, it was agreed to take the sense of the Members on that Subject, and the question being put, there appeared Against it,
ANDREW CALDWELL, ROBERT RITCHIE, MANUEL EYRE, THOMAS BARCLAY, JOSEPH MARSH, THOS. FITZSIMMONS, WILLIAM BRADFORD, SAM. MASSEY, PAUL COX.
To take the Oath or Affirmation,
JOSEPH BLEWER.
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" Whereupon :
" Ordered, That a Copy of this Minute be sent to the Council, with an Address expressive of the attachment of this Board to the Independence of America, and their readiness to serve this State on any occasion.
"Extract from the Minutes.
" CORNELS SWEARS, Sec'y.
Divers Evidences respecting the burning of the Powder Mills at French Creek having Been examined in the presence of Mr. Beck, one of the Powder Makers, and on the whole there appeared no proof sufficient to justify The imprisonment of any of the persons taken on the suspicion of firing the said Mills; thereupon :
Ordered, That Mr. Beck and his Workmen be discharged.
A Remonstrance of Divers Officers of the Tenth Battalion, re- specting the arrangement of the Officers of that Battalion, was read in Council.
Ordered, That the said Remonstrance lie on the Table for Con- sideration.
The Council met.
PHILAD'A, Monday March 17, 1777, P. M.
PRESENT :
The Hon'ble GEORGE BRYAN, Esquire, Vice President.
John Hubley, John Lowdan, and
- George Taylor, John Procter, Esquires.
Jonathan Hoge,
A Letter from Henry Fisher, dated Lewis Town, March 14th, 1777, was received from the Board of War, informing that two of the Enemie's Ships and a Sloop, came into our Road the 11th Instant.
Ordered, That the same be laid before Congress.
The Council met.
PHILAD'A, Wednesday March 19th, 1777.
PRESENT :
His Excell'y THOMAS WHARTON, jun., Esq'r, President. The Hon'ble GEORGE BRYAN, Esq'r, Vice President. John Hubley, John Lowdan, and )
George Taylor, John Procter, Jonathan Hoge,
Esquires.
The Remonstrance of the Officers of the Tenth Battalion was read ; thereupon,
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SUPREME EXECUTIVE COUNCIL.
Ordered, That Mr. Lowdan and Mr. Proctor confer with the Board of War concerning the Arrangement of Officers against which the said Remonstrance is made. . Mr. Lowdan & Mr. Proctor Re- port, that they had conferred with the Board of War on the said Remonstrance, and the Board of War give for reason of their Con- duct, that they apprehend, from the best information They can ob- tain, that Captain Shade is not well qualified to act as Major. The Board taking into consideration the appointment of Judges, there- upon Agreed That Mr. Hubley and Mr. Taylor attend The Honora- ble House of Assembly, and request them to fix the Salary of the Chief Justice and the Assistant Judges of the Supreme Court be- fore they are appointed. Whereupon Mr. Parker and Mr. Brown, from the Assembly, attended the council, and informed the Board that the Honorable House of Assembly had taken into considera- tion the Salary to be allowed the Judges respectively, And had Agreed that the Chief Justice be allowed a Sallary at the Rate of One Thousand Pounds per Annum, and that the Assistant Judges be allowed at the Rate of Five Hundred Pounds per Annum.
A Letter from His Excellency William Livingston, Esq., Gov- ernor of the State of New Jersey, relating to the Prisoners, &ca., date April 3d, 1777 :
" Dear Sir :
"Our State not having delivered yours from the Prisoners con- tained in the List enclosed in your favor of the 26th of March, (which I received but this day,) has affected me with singular con- cern. The difficulty of knowing how to dispose of them when they arrived here, has procrastined the Affair and given me great anxiety. This will,.I hope, apologize for having so long put you to the trou- ble of keeping them in that durance in which they were consigned without the Agency of this State, But as General Forman is now daily expected, who I am informed, is able to point out their several delinquencies, or to direct us to persons who can, I have sent Lieu- tenant Smith with a Guard to receive them from your State, and sincerely acknowledge our obligation to the Commonwealth of Penn- sylvania, for securing such a number of Miscreants, at a time when it was not in our power to apply the same remedy against the Evo- lutions of their Treason and Rebellion against the United States of America.
" I am Sir, your most "Obed. h'ble serv't. „/ " WIL. LIVINGSTON.
"Hon. THO'S WHARTON, Jun., Esq'r, President, Etca."
The same was read and ordered to lie on the Table.
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The Council Met.
PHILAD'A, Thursday March 20th. 1777.
PRESENT :
His Excell'y THO'S WHARTON, jun'r, Esq'r, President.
John Evans, John Hubley, r
George Taylor,
Jonathan Hoge, Esquires.
John Lowden, John Proctor,
On motion,
Ordered, That Mr. Hubley be Authorized to employ as many of the Hessian Prisoners as he may find occasion for. The Council taking into consideration the appointment of Judges of the Su- preme Court of this Commonwealth, and thereupon Agreed that Joseph Reed, Esquire, be appointed Chief Justice of the said Com- mon wealth.
The Council taking into consideration the appointing Sheriffs & Coroners of the several Counties, which have sent in the returns of the Gentlemen elected to serve in these Offices respectively ; And thereupon,
Order'd, That
[Blank Page in Council Book.]
The Council Met.
PHILAD'A, Friday March 21st, 1777.
PRESENT :
His Excell'y, THO'S WHARTON, jun'r, Esq'r, President.
Hon'ble. GEORGE BRYAN, Esq'r., Vice President.
John Evans, John Hubley,
Jonathan Hoge, George Taylor, Esquires.
John Lowdan, John Proctor,
Ordered, That Twenty-Six Rifles and two smooth bore Guns, now in the hands of Colo Lochry's Battalion of Militia, be pur- chased and put in the hands of the said Archibald Lochry, Lieut. of the said County, for the use of the Militia of that County.
An order was drawn on the Treasurer in favor of Archibald Loch- ry, Esq'r, for the sum of one hundred and seventy nine Pounds, Ten Shillings, for the above mentioned Twenty-eight Guns. On consideration,
Ordered, That Samuel Morris be appointed Register of Philadel- phia County, and Commissioned accordingly. Dan'l Levan, Jun'r,
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SUPREME EXECUTIVE COUNCIL.
Esq'r, Sheriff elect for the County of Berks, now offers Baltzer Gehr & Daniel Hunter, of the said County, as sureties for the faith- ful discharge of the Duties of his Office of Sheriff of the said County, according to Law, which this Council approves. On con- sideration,
Ordered, That Daniel Levan, Jun'r, be appointed Sheriff of Berks County, and Commissioned accordingly ; That Sam'l Morris be ap- pointed as Register of the City of Philadelphia, and Commissioned accordingly ; That Archibald McLean be appointed Prothonotary of York County, and Commissioned accordingly ; That John Piper be appointed Lieutenant of the County of Bedford, and Commis- sioned accordingly ; That John Armstrong as Lieutenant of the County of Cumberland and Commissioned accordingly ; That Joseph Hart be appointed as Register of Bucks County, and Com- missioned accordingly ; That Robert Lovers be appointed Prothono- tary of Northampton County, and that he be Commissioned accord- ingly ; That James Benezet be appointed Prothonotary of the County of Bucks, and that he be Commissioned accordingly ; That Archibald McLochry be appointed Prothonotary of the County of Westmoreland, and that he be Commissioned accordingly. The Pro- thonotary's Commission granted to Mr. Lochry for Westmoreland, is with the express condition that, on General Sinclair's returning to the County, and requesting to have the Office confirmed to him, that Colonel Lochry resign, which condition Colo. Lochry agrees to. On consideration,
Ordered, That Robert Galbraith be appointed prothonotary of the County of Bedford, and that he be Commissioned accordingly.
The Council Met.
PHILAD'A, Saturday March 22d, 1777.
PRESENT :
His Excell'y, THO'S WHARTON, jun'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President. John Evans, John Lowden, and -
George Taylor, John Proctor. " Esquires.
Jonathan Hoge,
On consideration,
Ordered, That John Hubley be appointed Prothonotary for the County of Lancaster, and he be Commissioned accordingly ; That William McClay be appointed Prothonotary for the County of North- umberland, and that he be Commissioned accordingly ; That John Morris, jun'r, Esq'r, be appointed Master of the Rolls for the State of Pennsylvania, and that he be commissioned accordingly. A Rep-
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resentation from the Board of War of the small number of which it now consists, and requesting an additional number of Members, being now made to the Council; Thereupon,
Ordered, That
[Blank in Council Book. ]
A Circular Letter was written to the Prothonotarys of each County in the State, requesting them to take the security required by Law to be given by the Sheriffs respectively.
Ordered, That Benjamin Jacobs (Son of the Speaker) be ap- pointed Prothonotary of the County of Chester, and that he be com- missioned accordingly.
John Morris, jun'r, appeared, and took the Qualifications required by the Constitution to Qualify him to act as Master of the Rolls for the State of Pennsylvania.
Robert Galbraith appeared, and took the Qualifications required by the Constitution to Qualify him to act as Clerk of the Orphans' Court.
The Council Met.
PHILAD'A, Monday March 27, 1777.
PRESENT :
His Excell'y THO'S WHARTON, jun'r, Esq'r, President.
John Evans, John Lowdan, and
Jonathan Hoge, John Proctor. Esquires.
John Hubley,
Petition of Robert Patton, praying relief from abuse he has suf- fered by ill-treatment of his family, and insult to his Person, by General Dehaas, &ca., Viz .:
" To the Honourable the Supreme Executive Council of the State of Pennsylvania.
" The Petition of Robert Patton, of Lebanon, in Lancaster Coun- ty, Humbly Sheweth :
" That your Petitioner is a Freeholder and inhabitant of the said Town, and a Captain of the Second Battalion of Militia of Lan- caster County, and during the present dispute with Great Britain, has, to the utmost of his power, contributed to the support of 0 the American cause, and served with his company in New Jersey for seven Weeks, untill discharged by Gen'l Mercer ; That your Pe- - titioner being lately on Business in Virginia, during his absence "Gen. Dehaas sent a Sergeant to his wife, ordering her to' remove "out of the House Your Petitioner dwelt in, that he might make a Store House of it ; That Your Petitioner's Wife not knowing where
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SUPREME EXECUTIVE COUNCIL.
to remove to with her family, refused, altho' a second message was sent by the Sergeant ; That Your Petitioner, upon his return home, being informed of the same procedure, incensed at such arbitrary conduct of the General, in endeavoring to drive his family out of his House without the least colour of right, expressed his indig- nation and resentment in the strongest Terms, in the hearing of many persons, some of whom acquainted the General with it; That the same day, To Wit: The Eleventh day of March, instant, The said. Gen'l Dehaas came, with a guard of Soldiers, to your Peti- tioner's House, entered the same, and arrested Your Petitioner, and carried him to the Guard House, without being charged with any offence ; That from the Guard House your Petitioner was after- wads taken by a Captain to the General, who, upon his acknow- ledging the words he had spoken of him, ordered your Petitioner to be put in Irons, which was done as soon as these Irons could be procured, and Your Petitioner remained in that situation for an Hour and a half; That Your Petitioner being ordered by the Gen- eral to be sent to Head Quarters, applied to John Thorn, Esq'r, and by his influence was admitted to Bail, and accordingly entered into Bond, with Securities in the Sum of one thousand Pounds, for his appearance before his Excellency Gen'l Washington, To answer Whatever charges Gen'l Dehaas should exhibit against him. Your Petitioner most humbly conceives, that by this arbitrary and tyranical proceedings of Gen'l Dehaas, not only he is greatly injured and aggrieved, but the liberties of the inhabitants of this state endangered, and their civil rights trampled on ; And as he cannot as yet obtain satisfaction in the ordinary course of Law for the particular injury done to himself, he thinks it his duty to repre- sent these matters to Your Honours, being ready to verefy by due proofs of the facts alledged, that so dangerous and alarming an attempt to subvert the Civil Authority, and subject the Inhabitants to Military Law, may not escape unpunished, and he will pray.
.
"ROBERT PATTON.",
The petitioner being duly sworn in Council, deposeth and saith, That the several matters and things contained in the foregoing Petition is the Truth and the Whole Truth.
Mar. 24th, 1777.
Being read, Ordered to lie on the Table for consideration.
Mr. Patton was examined in support of his allegation against. General Dehaas.
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The Council met.
PHILAD'A, Tuesday March 25, 1777, A. M.
PRESENT :
His Excell'y THO'S WHARTON, jun'r, Esq'r, President.
John Evans,
John Hubley,
Jonathan Hoge,
George Taylor,
Esquires.
John Lowdan,
John Proctor,
The Petition of Mr. Lochry, praying to be appointed Clerk of the Orphans' Court, was read. Mr. John Orndt appeared, and took the Qualifications required by the constitution to Qualify him to act as Register and as Recorder of Deeds for the County of Northampton. Mr. Thomas Tayler appeared, and took the Quali- fications required by the constitution to Qualify him to act as Register and as Recorder of Deeds for the County of Chester.
Ordered, That Mr. George Campbell be appointed Prothonotary for the County of Philadelphia, and that he Commissioned ac- cordingly.
The Council met.
PHILAD'A, Wednesday Mar. 26, 1777, A. M.
PRESENT :
His Excell'y THO'S WHARTON, jun'r, Esq'r, President.
John Evans, John Hubley,
John Lowdan, Jonathan Hoge, George Taylor, John Proctor, } Esquires.
Jacob Weaver being brought the Council as a disaffected Person, and a Letter from Col. Francis Johnson, charging him with having expressed sentiments inimical to the American cause, being read ; Thereupon,
Ordered, That Mr. Weaver give Bond, with one or more seou- rities, for his appearance before this Board.
The Representations of divers Officers of the 10th Battalion being read and considered,
Ordered, That the Arrangement of Officers of the Tenth Bat- talion be adhered to, and the Officers Petitioning attending at the door, were introduced, and informed of this determination.
Robert Burton, Leatherbury Barker, William Bagwell, William Millbey, Prisoners from the Delaware State, having given security to the said State for their appearance at the General Quarter Ses- sion of the Peace, &ca .; Thereupon,
Ordered, That they be discharged.
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SUPREME EXECUTIVE COUNCIL.
Mr. Robert Levers appear'd, and took the Qualifications required by the Constitution of this State to Qualify him to act as Protho- notary for the County of Northampton, and received his Commis- sion, dated this 26th of March, 1777.
On motion, agreed that Mr. Robert Levers be appointed Clerk of the Orphans' Court for the County of Northampton.
On motion, agreed That Mr. Walter Shee be appointed Tonnage Officer, &ca., agreeable to the Prayer of his Petition.
Archibald McClean, Commission as Prothonotary, Register, and Recorder of Deeds, dated March 27th, 1777, for the County of York.
Robert Levers, Commission as Prothonotary of the County of Northampton, dated March 21st, 1777, and his Commission of Clerk of the Orphans' Court of the said County, dated March 27th, 1777.
The Council met.
PHILAD'A, Thursday March 27th, 1777.
PRESENT :
His Excell'y THO'S WHARTON, jun., Esq'r, President.
John Evans, John Hubley, 1
Jonathan Hoge, John Lowdan, Esquires.
George Taylor,
John Proctor,
Francis Bayley, the Coroner elect for the County of Lancaster, appeared, and took the Oath required by the Constitution of this State to qualify him for the said Office.
A Representation from the State Navy Board, acquainting the Council that Captain Eayres' boat was fitted out for the Protection of the Salt Works at Tom's River, and waited for Orders, was now read ; and thereupon,
Ordered, that the State Navy Board give the necessary Orders to Captain Eayres for the Protection of the Salt Works on Tom's, River.
Mr. Rithchie & Mr. Fitzsimmons, from the Navy Board, attended the Council, and laid a State of divers Naval affairs before the Board, Vizt :
" STATE NAVY BOARD, March 27th, 1777.
" Gentlemen :
" Fully impressed with the weight of Business that in the Com- mencement of your Office must have been thrown upon you, and desirous to render what services we could to our Country, we have not waited for any instructions respecting the duties of this board, but have, as well as in our power, gone through the Business that has come before us. Many things, however, has occurred which
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we think it our duty to lay before you, and we hope you will with your first convenience take them into your consideration, , and give us such advice and instructions respecting them as you shall seem proper. One of our first duties was to enquire into the State of the Vessels and Boats belonging to this Commonwealth, which we are very sorry to inform Your Honours, is not in the good condition we could wish, most of them requiring repairs or altera- tions and many of them shametully deficient in their complement of Men. From the enquiries we have made into the reasons of these deficiences, it appears to us that some part might have been remedied had the Officers exerted themselves as they ought ; but at this Time it will be very difficult, if not impossible, to, get them manned without your interposition ; for it cannot be expected that Men will enlist themselves in this Service at the Wages allowed by the State, When Seamen in the merchants' Service, can get from Fifteen Pounds to Eighteen Pounds P'r Month, and Landsmen from Ten To Twelve pounds ; We would, therefore, recommend to your most serious Consideration, whether it would not be for the Public good to lay an Embargo, to prevent any Vessels Sailing from this Port for a few days, or until the Armed Vessels intended for the Service of the State can be put into a better Condition : with due Submission to your better Judgments, we apprehend a measure of this kind would have many good advantages, as well to the general cause, as to the State in particular. The late Council of Safety of this State appointed John Hazlewood, Esquire, Commander-in- Chief of the Fire Vessels, Boats and Rafts belonging to the State, subject, however, to the Commodore of the Fleet for the time being ; Captain Hazlewood has lately informed us that, though he is heartily disposed to render every service in his power to the State, he does not choose to continue subject To the orders of the present Com- modore of the Fleet or any of the Captains, who, in case of acci- dent, may succeed him ; but if it should be thought consistent, would wish to have the entire direction of that part of the Arma- ment. How far his desire ought to be complied with, we submit to you, but we think it great importance that it should be immediately determined ; and in justice to Capt. Hazlewood, must say he appears To have great Merit in his department. There are at present some Officers wanting in the Fleet; we should be glad to know whether any recommendations for such appointments is expected from us, and whether the Warrant Officers are to be appointed by the Council. Some account have been brought to us, and more, we expect may, of services performed or Contracts made previous to our appoint- ment. We are apprehensive a great loss may arise to the State if the settlement of such accounts are thrown upon us, who are totally unacquainted with the transactions, and have no Books or documents of the Council to refer to ; on that account we conceive it would be more eligible to appoint a Committee for the purpose of settling all. Accounts previous to our appointment. We find that there is a
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SUPREME EXECUTIVE COUNCIL.
great number of Men at present employed in throwing up works at Billingsport, which we should not presume to take notice of, but, as we think, it will very materially effect the defences prepared for this River, as far as we have been able to learn. These Works are meant to be upon so extensive a plan, that it will be impossible to compleat them in time for this Season. The Military people say, if the whole was complete the Post is not tenable. We pretend to no judgment in these matters, but as we know this business is much talked of, we beg leave to recommend it to your Considera- tion, whether any temporary works erected there could not be easily turned to the annoyance of the Vessels; and if so, Whether it should not be discontinued. These things we have thought it ne- cessary to represent to you, and we conceive this mode will take up less of your time than any other. We shall hope for directions in consequence, as you may think proper, and are, with great respect, " By order of the Board, Gentlemen, "Your most Obed't humble Servant,
" WILLIAM BRADFORD, Chairman.
" Hon'ble the Supreme Executive Council of the Commonwealth of Pennsylvania."
A Petition from Levi Hallingsworth, representing the State of the Salt Works at Turtle Gut inlet, and offering the same to sale, was presented and read ; Thereupon, Ordered, To lie on the table.
The Council Met.
PHILAD'A, Friday March 28th, 1777. PRESENT :
His Excell'y THO'S WHARTON, Jun'r, Esq'r, President.
John Evans, Johnathan Hoge, John Lowdan,
John Hubley, George Taylor, Esquires.
John Proctor,
A Representation from the Navy Board respecting the present ituation of the Navy, was laid before the Council, and the same eing considered ; Thereupon, Agreed, That the Navy Board be re- uested to recommend such Commissioned Officers as may be ne- essary for the approbation of this Council, and that the said Board appoint The Warrant Officers; That a Committee be appointed Settle the Accounts, which may be done out of the Navy Board id War Office. Agreed, That the Navy Board be requested to at- VOL. XI .- 13.
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tend the Council at 7 O'Clock this Evening, to confer with us on the subjects of their representations delivered yesterday.
On motion, Agreed, That James Benezet, Esq'r, be appointed Clerk of the Orphan's Court for the County of Bucks, and that he be commissioned accordingly.
The Council took into consideration the return of Justices for the City of Philadelphia, as elected by the Freeholders of several of the Wards, &ca. ; and thereupon, Agreed, That James Young, John Ord, Joseph Redman, sen'r, Isaac Howell, George Henry, Plunket Fleeson, Benjamin Pascall, and Philip Bohm, be Commissioned to Act as Justices of the Peace, &ca, for the said City.
Ordered, That a Dedimus potestatem be issued, impowering James Young, Esq'r, to Qualify the Magistrates and other Officers of this City and Liberties.
Ordered, That a Dedimus Potestatem be issued, impowering. James Benezet, Joseph Kirkbridge and Samuel Smith, or any one or more of them, to Qualify the Magistrates and other Officers in the County of Bucks.
Mr. Samuel Morris, the Elder, Mr. Owen Biddle, and Mr. Jo- seph Dean, from the Board of War, attended, and represented the, necessity of increasing the number of Members at that Board, seve- ral of the Gentlemen appointed to that service having left the State.
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