USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XI > Part 28
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" And be it further enacted by the Authority aforesaid, That the members of the said Executive Council, and the said John Bayard, Jonathan Sergeant, Jonathan B. Smith, David Ritten- house, Joseph Gardner, Robert Whitehill, Christopher Marshall, James Smith of Yorktown, Jacob Orndt, Curtis Grubb, James Cannon, and William Henry of Lancaster, or any other persons acting under their authority in the premises, or any of them, shall
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not at any time hereafter be liable to any suit, action, or prosecu- tion, for anything done in pursuance of this Act or the powers hereby given and granted, but that they and each of them, shall be collectively and severally indemnified, saved harmless, and dis- charged of the same, and that all suits, actions and prosecutions shall be barred, abated and discontinued, by the Court before whom the proceedings shall be brought.
" And be it further Enacted by the Authority aforesaid, That the Supreme Executive Council of this State, may at any time during the continuance of the powers and authorities hereby granted, by Proclamation or other public act, renounce, determine and extin- guish the same, and every part thereof, and that thereupon the said powers and every of them, shall cease and become void, and be no longer exercised and enforced.
" Provided lastly, That the powers hereby given and entrusted to the said Council of Safety, shall continue and remain in force, (un- less otherwise sooner determined) to the end of the next sitting of General Assembly, and no longer.
" We therefore, the Members of the said Council of Safety, being convened in pursuance of the said Act of General Assembly, do give this Public notice of our said appointment, hereby Requiring all manner of Persons, as well officers Civil and Military as others, to Govern themselves according to the just laws of this Commonwealth, and the necessary provisions which have or shall be made for the protection thereof, in this time of Public danger and Calamity .-- We do also most expressly charge and Require, that all persons do utterly forbear from furnishing the Armies or Fleets of the King of Great Britain with provisions or other necessaries or aid, and from transporting or carrying the same provisions or other necessa- ries aforesaid, to any City, Town or place in the power or possession of the said Fleet or Armies, most eernestly entreating them to save us the Irksome task of punishing them with immediate death, as their crimes deserve. And, we do most solemnly charge and com- mand all Forestallers and Ingrossers of provisions and other neces- saries, by whose most horrible and pernicious practices and exam- ples we are threatened with want in the midst of plenty, that they do wholly cease and abstain from preying on the necessitous, abus- ing the Publick, and aggravating the distresses of their Country, lest they be overtaken in their Iniquities, and dealt with according to their demerits. And it is Recommended to all persons possessed of Provisions and other necessaries, cautiously to avoid selling tbe same to such forestallers and ingrossers, but to dispose of them for the use of the American Army, or to persons who may be in want of them for their own immediate use, at a Reasonable price, other- wise this Council must interpose their Authority to prevent and Re- dress such abuses. And all the good people of this Commonwealth are called upon and invited to Join with us in the most speedy and Vigorous exertions for Rescuing this State from the Tyranny, de-
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vastation and oppression of her cruel enemies, that we may again see good days, and enjoy the inestimable blessings of liberty and peace.
Given at Lancaster, the 17th day of October, in the year of our Lord, 1777."
In Council of Safety.
LANCASTER, Octo'r 17th, 1777.
Ordered, That Colonel Bartram Galbraith, Lieutenant of the County of Lancaster, be empowered to collect all the Blanketts for the Sick which can be spared by the inhabitants, and that he em- ploy such persons for this purpose as he may think proper.
Ordered, That John Hobson, Ludwig Lowman and Williamn Hamilton, Esquires, be appointed to Value on Oath, such blankets as may be taken and collected in consequence of the foregoing order.
1 . In Council of Safety. Saturday, October 18th, 1777. PRESENT :
Excellency President, Mr. V. President, Colonel Morgan, Mr. Bailey, Mr. Hoge and Mr. Hart, Mr. J. D. Serjeant, Mr. Grubb, Mr. Whitehill.
In Council of Safety.
TUESDAY, October 21st, 1777.
PRESENT :
His Excellency the President, Honb'e Vice President, Col. Morgan, Col. Hart, Mr. Bailey, Mr. Hoge, Mr. Serjeant and Mr. Henry.
Ordered, That Colonel Evan Evans, Colonel William Evans, Col. Thomas, Col. Gibbons, Captain Thomas Levis, Capt. William Brooks, and Capt. Jacob Rudolph, be authorized and required to collect with- out delay, from such of the Inhabitants of Chester County as have not taken the Oaths of Allegance and abjuration, or who have Aided or assisted the Enemy, Arms and Accoutrements, blankets, shoes and stockings, for the use of the Army ; that they appraise the same when
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taken, according to their Quality, allowing at the Rate of three pounds for a new single blanket, and give certificates for the same to the owners ; That they call to their Aid the Militia of this Com- monwealth, who are hereby ordered to obey and assist them in the execution of this Order, and that they deliver the same so taken to the Order of the Clothier General, or his Agent, with whom they are to correspond in the discharge of this business.
Ordered, That Colonel Bartram Galbraith, Major Cook, Captain George Franciscus, and Captain Craig, be appointed for the same purposes, and with the like instructions & Authority, in the County of Lancaster.
The following Ordinance being Read and Considered, Viz't :
" WHEREAS, divers of the inhabitants of this Commonwealth, not Regarding their duty to the State, but Renouncing their Alle- giance thereto, and disclaiming the protection thereof, have wicked- ly joined themselves to our unnatural Enemies, giving to them aid and assistance by furnishing them with provisions and otherwise, thereby contributing as far as in them lies, to increase the distresses of their injured Country ; and whereas, it is highly unjust and Re- pugnant to the practice of all Nations to protect and preserve the property of their avowed Enemies ; Therefore,
Be it Ordained, Resolved and declared, and by Virtue of the powers and Authorities to us committed by the Legislature of this State, it is, by the Council of Safety of the Commonwealth of Pennsylvania, hereby ordained, Resolved and declared, that, all and every the personal Estate and effects whatsoever of such of the Inhabitants of this Commonwealth as have, or hereafter shall abandon their Families or habitations, & Joined the Army of the King of Great Britain, and of all such as shall Resort to any City, Town or place within this Commonwealth in possession of the Troops or Armies of the said King of Great Britain, carrying to them Provisions, or that shall otherwise afford to them such pro- visions or intelligence or other Aid, shall be seized upon and safely Kept by the Commissioners hereinafter Appointed, for the use and purpose herein after declared, and all sales and alienations thereof, and of all or any of the Real Estates of such Offenders in the mean time made by them, or any of them, their, or either Agents, Factors, " or Attornies, are hereby declared to be null and void, to all intents and purposes whatsoever ; And be it further Resolved, ordained and declared, by the authority aforesaid, that the Commissioners for the Respective Counties hereinafter appointed, or any or either of them, shall and may, with all convenient speed after the Publication of this Ordinance, seize upon and into his or their Custody, and make a true and perfect inventory of all the personal Estate and effects of every such Offender, and dispose of all the perishable part thereof, and at his or their discretion, convey away and Re- move to places of safety, sell, or otherwise dispose of, where it may
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be necessary, all such goods and effects of the said Offenders as they shall apprehend to be in danger of falling into the hands of the Enemy, and the said Monies and Goods so by them taken or Received, the said Commissioners are Required to Retain and keep safely, subject to the future disposition of the Legislature of this Commonwealth, Keeping true Accounts of their proceedings, and Receiving for their trouble, over and above their Costs and charges, at the Rate of five # centum. And the said Commissioners are hereby also further directed and enjoined, with all convenient speed after the making such inventory and sale or sales as aforesaid, to deliver, on Oath, to the Treasurer, a true Copy of such Inventory or account of sales.
And be it further Resolved, Ordained and declared by the au- thority aforesaid, that the several persons hereinafter named, (or in their or either of their stead and place, in case they or either of them shall refuse or be disabled to perform the duties upon them ·enjoined, in and by this Ordinance, such other person or persons as this Council shall from time to time appoint,) shall be and they are hereby appointed Commissioners for the purposes aforesaid, to- Wit:
For the 'City of Philadelphia, William Will, Sharp Delany, Jacob Schriner, Charles Wilson Peale, Robert Smith, (Hatter,) Samuel Massay.
For the County of Philadelphia, William Antis, Robert Lollar, James Stroud, Daniel Hiester, Archibald Thompson.
For the County of Chester, William Evans, William Gibbons, Thomas Cheney, Isaac Taylor, Thomas Levis, Capt'n William Brooke, and Patterson Bell.
For the County of Bucks, Richard Gibbs, Joseph M'Ilvaine .John Lacey, Samuel Smith, John Crawford, Nicholas Potter.
For the County of Lancaster, William Bauseman, Casper Shaff- ner, Robert Patton, George Steward, Francis Armstong, James, Cunningham.
For the County of York, William White, Robert Stevenson, James Wailor, Matthew Dill, William Chesney, John Ewing.
For the County of Cumberland, George Stevenson, John Boggs, : and Joseph Brady.
. For the County of Berks, Thomas Parry, David Morgan, Peter .Nagle, Henry"Natter, Daniel Ultree Speiker, Joseph Neister.
For the County of Northampton, Conrad Krider, - Keichline, Paul Balliot, Robert Levers, Daniel Depuy.
For the County of Bedford, Robert Galbraith, Thomas Urie, John Piper.
" For the County of Northumberland, John Kelly, Thomas Hewitt.
For the County of Westmoreland, Colonel John Proctor, Thomas Galbraith.
And be it lastly resolved, ordained and declared by the authority Aforesaid, that the said Commissioners, or any or either of them,
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shall be fully authorized and empowered to search for and seize the said goods and effects of such offenders, and for this end to send for, call before them, and examine persons and papers, to use force and to break open doors in all Cases where the same goods may be secreted and concealed, to commit such as shall absolutely Resist their Authority, and to call to their Aid Officers and others, civil . and Military, who are hereby Required and commanded to Aid and assist them accordingly.
On Motion, agreed, That the foregoing Ordinance be passed and Published immediately.
In Council of Safety.
WEDNESDAY, October 22d, 1777.
Present, the Council of Safety, and Mr. Serjeant and Dr. Gard- ner.
General Armstrong attended and laid before the Council the State of the Militia, and requested that a further proportion of the Mili- tia of the State be Ordered into Service.
In Council of Safety.
THURSDAY, October 23d, 1777.
Present as Yesterday.
Peter Dehaven informed the Council that he was not able to fur- nish the Gun Factory at Hummels-town with provisions, there be- ing none to be purchased in that Neighbourhood ; On Considera- tion,
Ordered, That Colonel Joshua Elder, Sub-Lieutenant of this County, be authorized and Required to take effectual measures to supply the Factory at Hummels Town with Provisions ; And if he shall find it necessary to seize provisions for this purpose, he is to give Certificates for the same to the Owners, to be Paid for at such prices as this Council shall hereafter agree upon and Order.
In Council of Safety.
FRIDAY October 24th, 1777.
Present as Yesterday.
The Council took into consideration "An Ordinance for the more effectual levying the monies advanced for substitutes in the Militiat
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and fines due to the Publick for disobedience to the Militia Laws;" And having spent some time thercon,
Adjourned to to-Morrow, Usual Hour.
In Council of Safety.
SATURDAY October 25th, 1777.
Present as yesterday, and Colonel Bayard.
The Council Resumed the consideration of the Ordinance in- titled "An Ordinance for the more effectual levying the monies advanced for Substitutes in the Militia, and fines due to the Pub- lick for disobedience to the Militia Laws;" And agreed that the following Ordinance be passed and Published, Vizt :
" An Ordinance for the more effectual levying the Monies ad- vanced for Substitutes in the Militia, and fines due to the Publick, for disobedience to the Militia Laws.
" WHEREAS, in Consequence of the delinquency of the Personal service of many Male inhabitants in this State, liable to serve in the Militia, they have become bound to pay and Re-imburse to this Commonwealth Sums of Money advanced to Substitutes in their Room and Stead, and others in like manner delinquent, for whom no Substitutes had been found, have, become liable to payment of money equal to a medium of the advances to Substitutes Provided to serve in the Class of Militia, Respectively, in which such per- sons has been alotted; And Whereas, many of the Persons afore- said, have not yet paid the Sums of Money so due as aforesaid, and great difficultys and delays have happened in the Premises, where- by large and heavy advances of the Publick treasure Remain dis- persed and useless to the State, and in danger of being lost; for Remedy whereof, and to prevent like mischiefs in the further Em- bodying of Militia, who are now drawing out, or may hereafter be drawn out, for the Publick defence :
" Be it Ordained by the Council of Safety of the Common- wealth of Pennsylvania, And it is hereby ordained by the au- thority of the same, That from and after the date of this Ordinance, the Lieutenant, or one of the Sub-Lieutenants of the County in which any such person doth or may Reside, shall, after an Oppor- tunity of appeal has been afforded to such delinquent, and in five days after demand of the sum of Money due, or which may become due, by such delinquent as aforesaid, by a Collector Authorized by such Lieutenant or deputy Lieutenant; and upon Refusal of ne- glect of payment thereof, that such Lieutenant or Sub-Lieutenant shall issue an order to a proper person, to be appointed by the
.
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Lieutenant or Sub-Lieutenant, to levy the sum due by such person, with charges, by distress and sale of the Goods and Chattles of such Person, and to support and render effectual such order by calling in the Aid of the Militia, where the same may be necessary :
" Provided always, That any person delinquent as aforesaid, who may yet be in arrear for any sum of Money as aforesaid, shall be discharged and Exonerated of the same, in case he shall join with and serve for two Months in the next class of Militia which shall be marched in the Public service, and shall notify his inten- tion so to do to the Lieutenant or Sub-Lieutenant, and become bound, with sufficient surety, to perform said service or yield such payment.
" And whereas, Many of the fines by law due to the State from divers Persons for non-attendance on the Musters and days of ex- ercise under the late Association, have not been as yet collected ; and fines already incurred, or that may hereafter be incurred by the nor-Observance of the Militia Laws of this Commonwealth, ought to be strictly collected :
" Be it therefore Ordained, by the authority aforesaid, That all such fines shall be levied and recovered in the same manner as the sums due for Substitutes are by this Ordinance ordered to be levied.
" And be it further Ordained, by the authority aforesaid, That the Collectors aforesaid shall Retain five per Centum out of all Monies which they may receive in pursuance of this Ordinance ; the same in case of Monies due for neglect of personal Service in the Militia, to be added to and levied with the Respective Sums and Charges thereon, so due as aforesaid.
" And be it further Ordained, by the authority aforesaid, That if any person or Persons to whom the Lieutenant or Sub-Lieu- tenant of any County shall direct an order, Commanding such Per- son to levy the Money hereinbefore directed to be levied on delin- quents as aforesaid, shall neglect or refuse to perform the duty to which he shall be so called and enjoined as aforesaid, that upon such neglect or refusal, the said Lieutenant or Sub-Lieutenant may and shall Commit such person to the Common Goal of the County, there to be kept for and during the space of Sixty days."
Ordered, That Colonel Peter Grubb be directed to attend this Council on Tuesday next.
Agreed, That the following Ordinance be passed and Published, Vizt :
" An Ordinance for appointing and authorizing an additional number of Sub-Lieutenants, to act in the County of Lancaster.
" WHEREAS, the Inhabitants of the County of Lancaster, from their great numbers and the disposition of some to oppose or delay the Operation of the Militia laws of this State, have Rendered the
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duties of the Lieutenant and sub-Lieutenants of the said county not only difficult, but also very extensive and burdensome, whereby it hath become necessary to appoint a greater number of sub-Lieu- tenants than is mentioned in the Militia law. It is, therefore, Ordained by the Council of Safety of the Commonwealth of Penn- sylvania that Curtis Grubb, Esq'r, William Ross, of the borough of Lancaster, and Simon Snyder of the said Borough, be appointed, and they are hereby appointed sub-Lieutenants of the said County of Lancaster, and that they and each of them shall have, use, and exercise all the powers and authorities which the sub-Lieutenants appointed in the Militia Law of this State are authorized and em- powered to have, use or exercise, and shall be allowed the like pay. for their services as to the Sub-Lieutenants appointed by virtue of the said Militia law is or hath been allowed.
" By order of the Council of Safety.
"THOMAS WHARTON, jun'r, President.
In Council of Safety.
SUNDAY 26th October, 1777.
Present as Yesterday.
A letter was written to William Buchanan, Esquire, Commissary General, on the subject of obtaining a Supply for the Army, and affixing the Prices of some material Articles ; Wheat 8s 6; Rye 8s 6; Indian Corn 6s 6; Beef 10 dollars, (sinking 5 1b q'r); Pork Eight dollars + C't.
In Council of Safety.
TUESDAY October 28th, 1777. Present as Yesterday.
In Council of Safety.
WEDNESDAY October 29th, 1777.
Present as Yesterday.
Several of the Commissioners appointed to collect and appraise blankets in this Country being now at Camp,
Ordered, That John Jordan, David Watson, David Whitehill, and David Jenkins, be added to the Committee appointed to Col-
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lect and appraise Blankets in this County for the use of the Army.
Letters were written to General Mifflin and to Colonel Biddle, on the subject of forage, And the following prices Recommended : Oats 5s + bushel; spelts 5s # bushel ; Hay (first Crop) £7 + ton ; second crop £4 10 & ton.
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In Council of Safety.
THURSDAY October 30th, 1777.
Present as yesterday, & Col. Curtis Grubb.
Colonel Grubb Represented to the Council that his Furnace is now in blast for the purpose of Casting Salt-pans, and that the blast cannot be continued without the assistance of Thomas Ed- wards, Manager ; David Short, founder ; John Campbell and John Forster, Colliers; and John Peters, Carpenter ; that these Men being called out in the Militia in the Classes now ordered, must March without the particular order of this Council ; On Conside- ration,
Ordered, 'That the said Thomas Edwards, David Short, John Campbell, John Forster and John Peters, who are employed at Grubb's furnace in Casting Salt-pans for the making of Salt, be permitted to continue at the said furnace until the said Salt-pans be compleated, and that they then proceed to Camp with all expe- dition, and serve out their Tour in the field.
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In Council of Safety.
FRIDAY October 31st, 1777.
Ordered, That Christian Wirtz of this Borough, be appointed a sub-Lieutenant of the County of Lancaster, in the Room and stead of William Ross, who hath declined serving in that Office.
In Council of Safety.
SATURDAY Novem'r 1st, 1777. -
Present as Yesterday.
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In Council of Safety.
MONDAY November 3d, 1777. Present as on Saturday, & David Rittenhouse, s'r.
In Council of Safety.
TUESDAY November 4th, 1777. Present as yesterday, and John Hambright and James Edgar.
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In Council of Safety.
WEDNESDAY Nov'r 5th, 1777.
Present as Yesterday.
Ordered, That Mr. Wirtz deliver to John Swanick the Goods, Cattle and Negroes lately seized as the property of his Father, and that Mr. Bauseman make out a list of the same, and deliver it to this Council, in order to having them appraised and security given for the re-delivery thereof, when called for.
Agreed, That it be Recommended to the Commissary General and Quarter-Master General, and their Deputys, to fix the prices of the following articles, as below is mentioned, Viz't : Wheat 8s 6; Rye 8s 6; Indian Corn, 6s 6 } bushel; Whiskey, full spirit, 8s 6 0 Gallon ; Hay, best first crop, at £7 10 } ton; second crop, .£6 # ton.
Agreed, That it be Recommended to the Commissary General, that he allow for good Pork seven dollars per hundred, and that he allow for good Beef Ten dollars per hundred, (sinking the fifth quarter,) agreeable to a former Resolve.
In Council of Safety.
THURSDAY November 6th, 1777.
Present as Yesterday.
The Council took into consideration the appointing of an ad- 'ditional number of Commissioners in the several counties for col- lecting Arms, Accoutrements, blankets, &ca.
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In Council of Safety.
FRIDAY November 7th, 1777.
Present, as Yesterday.
The petition of divers Workmen employed in the State Factory, was Read; thereupon,
Ordered, That the Removal of the Families of the said Work- men be a public expence; and that the prices of the under-men- tioned Articles in the said Factory, be paid to the Workmen ag mentioned opposite to each of them, agreeable to the recommen- dation of Mr. Benjamin Rittenhouse, Viz't : Stocking a Musket, 15s; Splicing a Stock, 3s 9; Dressing Mounting, 3s 9; Sawing Stocks, 1s 3. And that the said Workmen be allowed seven shil- lings and six pence # day, from the time they left off Working at Philadelphia.
The following Ordinance being Read and Considered, Viz't : " WHEREAS, Many persons, regarding only their private Inter- est by buying up and engrossing divers kinds of Merchandises, particularly provisions and necessaries for the Army, have greatly Raised the prices of Goods in general, to the manifest Injury of the public, and to the distress of the Soldiery :
" And Whereas, The mode of Restraining & punishing engross- ers by the usual, course of Common law, is at this time of invasion in a great degree become impracticable, and is withal too slow and uncertain to prevent such Enormities, which if not Restrained and corrected must weaken and Ruin our efforts against the enemy :
Be it therefore Ordained, and it is hereby Ordained by the Council of Safety of the Commonwealth of Pennsylvania, That if any person within this state shall buy up, engross, forestal, or get into his or her hands, Bar-Iron, Leather, Salt, wheat, Cattle or other Merchandise, or Vitual, in greater quantities than such per- son shall make to appear, to be proper and suitable for his or her own need and supply, and shall be thereof convicted, in the manner herein after directed, every such Person shall for the first Offence, forfeit all the Goods, Merchandise and Vitual so engrossed as afore- said ; and for the second offence, over and above like forfeiture, shall be imprisoned, without bail and Mainprize, for the space of three months ; and for the third offence, besides like forfeiture and im- prisonment, shall be adjudged to stand, and shall stand in the Pil- lory, and forfeit all his or her Goods, as by Common and Statute Law is directed :
" Provided always, That Millers purchasing wheat, and Graziers purchasing lean Cattle, and other persons buying goods for the purposes of their trade and occupations only, shall not be consider- ed as engrossers or forestallers ; so as such dealers sell not again the same goods unmanufactured or unimproved by art.
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