Colonial records of Pennsylvania, Vol. XI, Part 20

Author:
Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 814


USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XI > Part 20


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An order was drawn on Will'm Henry, Esq'r, or Captain Camp- ble, in favor of the said Colo. Robert Smith, for Four hundred Stand of Arms.


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MINUTES OF THE


The following Resolve of the Gen'l Assembly was laid before the Board, Viz :


"In General Assembly, Monday June 16, 1777.


" On motion,


" Resolved, That all the Militia men of the State now going into the Field, be allowed A Gill of Rum or Whiskey each man per day, over and besides the Rations allowed by Congress, and that the President & Council take the proper means for supplying the same."


Doct. Robert Wilcox applied for a pass to go to Providence, in New England.


Ordered, That the Secretary make out and sign a pass for him.


The Council took into consideration the appointing of a Pro- thonotary of the County of Chester, in the room of Benja. Jacob, who declines accepting that Office; thereupon,


Agreed, That Caleb Davis be appointed Prothonotary of the County of Chester, & Commissioned accordingly.


The Council met.


PHILAD'A, Saturday June 21, 1777.


PRESENT :


His Excell'y THO'S WHARTON, jun'r, Esq'r, President. 9 Hon'ble GEORGE BRYAN, Esq'r, Vice President.


John Evans, John Proctor.


Jonathan Hoge, & } Esquires.


An order was drawn on David Rittenhouse, Esq'r, Treasurer, in favor of Wm. Crispin, for the Sum of Eight Thousand Dollars, for the purpose of purchasing Rum or Wisky for the Militia of this State, agreeable to a Resolve of the Hon'ble House of Assembly, for which he is to account.


An order was drawn on Capt. Campbell, in favor of Rob't Smith, Esq'r, Lieutenant of the County of Chester, for four hundred Can- teens, four hundred Knapsacks, four hundred Priming Wires, four hundred brushes, and Four hundred Cartouch Boxes, for the Militia of that County.


On motion,


Agreed, That John Beaton be appointed Paymaster of the Ches- ter County Militia.


An order was drawn on David Rittenhouse, Esa'r, Treasurer, in favor of Rob't Smith, Esq'r, Lieutenant of the County of Chester, for the Sum of two Thousand Pounds, to be applied in paying Sub- stitutes, &ca.


231


SUPREME EXECUTIVE COUNCIL.


Gen'l Mifflin, Mons. de Coudray, wi'h Nicholas Rogers, who speaks the French and English .Languages, attended the Council, and laid before the Council a Copy of the report of the Committee of Congress for viewing the works erected for the defence of our River, and the resolves of Congress thereon of the 11th June Instant.


Colo. Stewart waited on the Council, & informed them that, hav- ing received orders to march his Battallion to Billingsport, he had Paraded his men, and was about to march accordingly, but that he had received intelligence from the Hon'ble John Hancock, Esq'r, that a resolution of Congress of yesterday, respecting this Battalion being taken into Continental Service, which would render an imme- diate compliance with the orders he had received rather inconveni- ent; that the said Resolution of Congress had been given in charge to the Delegates of this State to communicate to the. Council, which would probably alter his Orders.


The Council met.


PHILAD'A., Tuesday June 24, 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 of Congress on John Gibson, Esq'r, Auditor General, in favor of the Council, for Fifty Thousand Dollars, was sent up to Council, and thereupon, the President endorsed the same, making it payable to David Rittenhouse, Esq'r, Treasurer of the State.


James Claypoole now offered Blair McClenagan & David Cham- bers as security for his faithful performance of the duty and Office of Sheriff in the City & County of Philadelphia ; was agreed to by Council.


The Council resuming the consideration of the orders given to the Lieutenants of the Counties for marching the Militia,


Agreed, That Philadelphia & Bucks Counties do send the first & second Class, and hold the third in perfect readiness. That Lan- caster, Berks, and Northampton, send forward the first Class, and hold the second in perfect readiness. That Cumberland, York, & Northumberland, hold the Ist Class in readiness, and that Letters be written to the Lieutenants of the respective Counties accordingly.


An order was drawn on David Rittenhouse, Esq'r, Treasurer, in favor of Colo. Benj. Brannon, Sub Lieutenant of the County of Chester, for the Sum of Two Thousand Dollars, for the purpose of Paying Substitutes.


332


MINUTES OF THE


The Council met.


PHILAD'A, Wednesday June 25, 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.


A curious performance of I. Stewart, of London, the Senators' remembrancer, consisting of Fourteen Copper plates, done on white satten, and most elegantly framed and gilt, presented to the Public by Doc't Benja. Franklin, were placed in the Council Chamber.


On motion, Agreed, That the Pay of the Commodore of the Navy of this State be allowed and paid at the rate One hundred and Twenty-five Dollars P. Month, inclusive of Rations.


On motion, agreed, That the Pay of Capt. Hazlewood, the se- cond in Command in the Navy of this State, be allowed & paid at the rate of one hundred dollars P. Month, inclusive of Rations.


Mr. Cox and Mr. Eyres, from the Navy Board, having requested A further Sum of Money, and the Board of War having also made application for Money, An order was drawn on Dav'd Rittenhouse, Esq'r, in favor of John Maxwell Nesbitt, Esq'r, the Treasurer of the Board of War, &ca., for the Sum of Twenty-five Thousand Dol- lars ; Board of War Twelve thousand Dollars, & Navy Board thir- teen thousand Dollars.


The Council taking into consideration the intelligence received by Congress from Gen'l Washington, respecting the movements of the Enemy, and the extreme inconveniency arising from the march of the Militia in the time of Harvest, Agreed, That the Lieut's of the Counties of Lancaster, Berks, & Northampton, be informed that the Council think it unnecessary for the 1st Class of Militia re- spectively, to march, but that they hold the first class in the most perfect readiness to march at the shortest warning. That the Lieu- tenants of the Counties of Philadelphia and Chester, be informed that it is unnecessary to march the 2d Class of their respective Counties, but that the 1st Class be marched, and the 2d Class held in perfect readiness to march at the shortest notice.


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233


SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILAD'A, Thursday June 26, 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.


Col. Andrew Boyd, Sub-Lieutenant of the County of Chester, attended. The members of Council met, & requested to be fur- nished with a Sum of Money for procuring Substitutes, Blankets, &ca .; thereupon, An order was drawn on David Rittenhouse, Esq'r, Treasurer, in favor of Col. Andrew Boyd, Esq'r, for the Sum of Two Thousand Dollars, for the aforesaid purposes.


On motion, Agreed, 'T'hat Jamas Loughead be appointed Pay- master of the Militia of the City & Liberties of Philadelphia.


An order was drawn on Dav'd Rittenhouse, Esq'r, Treasurer, in favor of James Loughead, Paymaster of the City and Liberties aforesaid, for the Sum of Three Thousand Dollars.


Mr. Bache, Col. Shee, and Col. Dean, of the Board of War, at- tended Council, & complained of a certain Wm. Sykes, who had taken an opportunity of bringing off a very considerable quantity of Goods which had been removed out of the City, from the place where they had been deposited by order of the Committee appointed for that purpose, and this at a time when it was generally believed the Enemy was bending their force against this city.


Jos. Gamble, Will'm Marshall, Mich'l Dawson, Chevaux de Frize Pilots, informed the Council that they had this day applied to the Commissioners of Appeal, setting forth their employment as a plea against their being fined as Non-Associates under the late Law, &ca., and that the plea was rejected as insufficient.


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, in favor of Will'm Trickett, for Books, &ca., purchased for the use of Council.


234


MINUTES OF THE


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- mental 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 same, 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 ac- 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 elec- 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.


235


SUPREME EXECUTIVE COUNCIL.


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.


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The Council met. 1


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.


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.


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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, { Esquires. Jonathan Hoge, &


An order was drawn on David Rittenhouse, Esq'r, Treas'r, in favor of John Maxwell, Esq'r, for the Sum of One Thousand Six hundred Dollars. 1


236


MINUTES, OF THE


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 Mckay, now a Prisoner in the Goal of this City, praying to be enlarged on giving bail, was read; and thereupon


Ordered, 'That she be enlarged on Bail, with more or one suffi- 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 Year.


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 be given to the delegates of this State 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.


237


SUPREME EXECUTIVE COUNCIL.


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, & 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 1


Ordered, That Captain Hazlewood supply the said Jas. Hopkins, Esq'r, with a small Vessel and four Batteaus, agreeable 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 City 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 had 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 Burgess of Lancaster.


238


MINUTES OF THE


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,


Esquires.


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


239


SUPREME EXECUTIVE COUNCIL.


of Justices on the days by the said Act 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 Freeholders 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 Act, & 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- ment of the time and place of the Election to the Commissioners & Assessors of the Counties of Philadelphia, Bucks, Chester, Lan- caster, Berks, York & Northampton, that in case of the return of any choice yet to be made of Justices in Cumberland, Bedford, Northumberland and Westmoreland, that said returns be accom-


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MINUTES OF THE


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."mod


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. John 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 are. 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.




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