USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XI > Part 45
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The Council met.
PHILADELPHIA, Saturday July 25, 1778.
PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Jos. Hart, Joseph Read, & Esq'rs.
Jacob Arndt, Jonathan Hoge,
An order was drawn on the Treasurer in favor of Mr. Rob't Ali- son, House Carpenter, for the Sum of One hundred & fifty Pounds, for which sum he is to account.
The Secretary informed the Council that Thomas Clark, Carpen- ter, now in this City, is reported to have joined the Enemy in New Jersey, & to have landed with them at the head of Elk, march- ed with them to this City, & that he went over the Delaware with them on their Retreat. That these facts are spoken of by the in- habitants of this City as certain & acknowledged.
On consideration, -
Ordered, That the aforesaid Thomas Clark be arrested by the Sheriff, &ca. of the County, & bring him before this Council to answer the said charge, & to be dealt with according to Law.
Upon reading & considering two acts of Congress, one of the fourth of June last, in the following words, to-wit :
" Resolved, That should the City of Philadelphia be evacuated by the Enemy, it will be expedient & proper for the Commander-in
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Chief to take effectual care that no insult, plunder or injury of any kind, may be offered to the inhabitants of the said City; That in order to prevent public or private injury from the operations of ill disposed persons, the General be directed to take early & proper care to prevent the removal, transfer, or Sale of any Goods, Wares or Merchandizes, in possession of the inhabitants of the said City, until the property of the same shall be ascertained by a joint Com- mittee, consisting of persons appointed by Congress & of persons appointed by the Supreme Executive Council of the State of Penn- sylvania, to-Wit : so far as to determine whether any or what part thereof may belong to the King of Great Britain, or to any of his Subjects."
And another Act of Congress, dated the 23d instant, in the following words, to-Wit :
" Resolved, That Mr. Duer, Mr. Harvie, Mr. Holton & Mr. Drayton, in conjunction with the Committee appointed or to be ap- pointed by the Supreme Executive Council of the State of Penn- sylvania, be authorized to ascertain the property of the Goods, Wares & Merchandize in possession of the inhabitants of the City of Philadelphia at the time it was evacuated by the Enemy, Viz : so far as to determine whether any or what part may belong to the King of Great Britain or to. any of his Subjects, agreeable to the resolution of the 4th June last. Extract from the Minutes. .
(" Signed,) CHARLES THOMSON, Secretary."
Council agree that the Hon'ble Vice President, Mr. Hart, Mr. Read & Mr. Hoge, be a Committee of this Council to meet with Mr. Duer, Mr. Harvie, Mr. Holton & Mr. Drayton, for the pur- poses set forth in said Act of Congress. At the same time, they can- not but remark, that the Clothier General & other Officers of Con- gress, about four Weeks since, & soon after the evacuation of said City, which happened on the Eighteenth day of June last, did purchase from divers inhabitants of the City of Philadelphia, possessors of Merchandize mentioned in the said Acts of Congress, large quantities thereof, at a price deemed to be equivalent to the cost of the same; that Gen'l Arnold, commanding the Continental Troops in said City, did soon after said purchase, publish a permis- sion to the persons possessed of said goods, on certain terms to trans- fer & sell the said Merchandizes ; that since that publication, very considerable quantities of the Merchandizes aforesaid, have sold & delivered to a very considerable number of buyers & consumers, greatly in need of the same ; that it appears to Council to be now very late & very difficult to go into a particular discussion of the property of the goods in question ; yet as there may be quantities of Stores & Merchandize concealed in said City, which were the prop- erty of the King of Great Britain, & which would fall to the United States of North America, & also goods which were the private property of his Subjects devolving to this State, & as Congress may
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be possessed of information concerning the same, the Committee of Council are instructed to pursue, in conjunction with the said Committee of Congress, all prudent & legal measures to attain the ends proposed by Congress in their said Acts above recited.
The Council taking into Consideration the report of the proceed- ings of a Court Martial held at Trenton, May 19th, 1778, wherein John Gilfroy, boatswain of the late Ship Montgomery, being found guilty of Mutiny & deserting to the Enemy, was adjudged to be worthy of Death,
Ordered, That John Gilfroy, late boatswain of the Ship Mont- gomery, now under sentence of Death for Mutiny & deserting to the Enemy, be pardoned, this being the first conviction of an offence of this kind in the State Fleet.
Ordered, That Commodore Hazelwood be authorized to issue a Proclamation offering full Pardon to all deserters from the State Fleet who shall return to their duty, & deliver themselves up to him or some one of the Officers of the said Fleet, on before the first day of September next.
The Council met.
PHILADELPHIA, Monday July 27, 1778.
PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President. Jos. Hart, James Edgar, & )
Mackay, Jac'b Arndt, Esq'rs.
Jo'n Hoge,
Petition of divers inhabitants of Northumberland County was read.
Ordered, That the said Petition be laid before the Board of War.
An order was drawn on the Treasurer in favor of Jacob S. Howell, Receiver General of Cloating, for the Sum of Three thousand Pounds, to be charged to his account; &
An order was drawn on the Treasurer in favor Colo. Dav'd Kennedy, for the Sum of Three thousand Pounds, to pay for Cloath- ing purchased by him for the United States.
An order was also drawn on the Treasurer in favor of Lieut. James McCullough, of the 5th Pennsylvania Regiment, for the Sum of Six hundred & fifty Dollars, for the Recruiting Service, to be charged to his account.
An order was also drawn on the Treasurer in favor of John Carr, one of the Commissioners for purchasing of Cloathing for Con- gress in the County of Bucks, for the Sum of Seven hundred & Fifty Pounds, to be charged to his account.
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MINUTES OF THE
The Council met.
PHILADELPHIA, Wednesday July 29, 1778.
PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Jos. Hart, James Read, & )
Mackay, Jac. Arndt, Esq'rs.
James Edgar,
Request of Colo. Cox, A. Q. M. G., to lend to Mr. Alison 6 spades, 3 Shovels, & 3 Pick Axes, to be accounted for.
The Council met.
PHILADELPHIA, Thursday July 30, 1778.
PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Jos. Hart, James Read, & )
Mackay, Jac. Arndt, Esq'rs.
James Edgar,
The Council taking into Consideration the necessity of ap- pointing a Justice of the Peace in the neighbourhood of Vincent Township, in the county of Chester,
Ordered, That William Evans be appointed one of the Justices of the Peace for the County of Chester, & Commissioned accord- ingly.
Thomas Clark, arrested by Warrant issued by this Council, was brought before the Council ;
On Consideration,
Ordered, That the said Thomas Clark be Committed to the Cus- tody of the Sheriff of the County for further examination.
The Council taking into Consideration the necessity of appoint- ing a Prothonotary of the County of Berks,
Ordered, That Daniel Levan, jun'r, Esq'r, be appointed Pro- thonotary of the County of Berks, & one of the Justices of the Court of Common Pleas, & that he be Commissioned accord- ingly.
Lieut. James McCulloch, of the 5th Pennsylvania Regiment, having represented that he has enlisted three Men, & that he is now on his way to Camp & requested to be supplied with Money to pay them the Bounty,
An order was thereupon drawn on the Treasurer in favor of Lieut. James McCulloch, of the 5th Pennsylvania Reg't, for the Sum.
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SUPREME EXECUTIVE COUNCIL.
of Four hundred & Eight Dollars, for the Recruiting service, to be charged to his account.
An order was drawn on the Treasurer in favor of John Beaton, Paymaster of Militia for the County of Chester, for the Sum of Four thousand Pounds, & charge the same to Thomas Dorsey, Pay- master of Militia.
Mr. Andrew Bunner, in behalf of the owners of the Privateer Sloop "Gerrard," represented to Council that the said Sloop was detained from a Cruize against the Enemy for want of four or five hundred weight of Powder, & requested an order for that quantity on Wm. Henry, Esq'r, to be replaced as soon as possible.
On consideration,
Ordered, That Wm. Henry, Esq'r, Lieu. of the City of Phila- delphia, do deliver to Mr. Andrew Bunner, or his order, four or five hundred weight of Gunpowder, for the use of the Privateer Sloop " Gerrard," to be re-paid by him as soon as possible.
[This order was returned.]
The Council met.
PHILADELPHIA, Friday July 31, 1778. PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Jos. Hart,
James Read, &
Mackay, Jac. Arndt, Esq'rs.
James Edgar,
The Council taking into consideration the Act entitled "An Act to prevent infectious diseases being brought into this Province ;"
On consideration,
Ordered, That Doct. Benj'a Rush & Doct. James Hutchinson, be appointed the Physicians to assist & advise the health officer when he shall visit Ships coming into any of the Ports of this State.
Ordered, That Doct. James Hutchinson be appointed Surgeon of the State Fleet.
The Navy Board informed the Council that the armed Brig is nearly ready for Service, & recommended Capt. Tho's Houston to be the Captain of the said Brig. The appointment of a Captain to the Armed Brig being put to Vote, a majority of Six against one was appointing Capt. Richard Eyre ; & thereupon,
Ordered, That Capt. Richard Eyre be appointed Commander of the Armed Brig Convention, belonging to this State, & Commis- sioned accordingly.
Council having received information that a Ship called the Albion, which was sunk in the River Delaware & seized by the Navy board of this State, on or about the 27th day of June, Thata Libel had been
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filed in the Court of Admiralty by Dav'd Beverage of this City, Merchant, in behalf of himself & others, Claiming the property of said Ship & her Cargo, & had given security in the said Court for the value thereof, & received the same into his possession ; The Council considering the importance of the trial, and the great weight of business which now falls on the Attorney General, which renders assistance herein absolutely necessary,
Ordered, That Jacob Rush, Esq'r, be employed to assist the At- torney General in the trial before the Court of Admiralty respect- ing the Ship Albion, & that the Secretary be directed to pay him the Sum of One hundred Dollars, as a Fee for his Services therein ; · And an order was drawn on the Treasurer in favor of the Secre- tary, for the Sum of One hundred Dollars, to be paid by him as the Fee above mentioned.
On application,
Ordered, That the Navy board furnish Mr. James Carson & Jos. M'Culloch with three hundred weight of Gunpowder, & half a ton of round & grape shot, to be re-paid by them as soon as possible.
The Petition of Rob't Lumsden, of this City, praying to be ap- pointed Wharfinger & Weighmaster of Hay at the Draw Bridge in this City, was read, & information being also given that Joshua Humphreys solicited those offices,
On consideration,
Ordered, That Robert Lumsden be appointed Wharfinger Weighmaster of hay, &ca., at the Drawbridge in this City.
The Council met.
PHILADELPHIA, Saturday Augs't 1, 1778.
PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President. Jos. Hart, James Read, &
Mackay, Jac. Arndt, Esq'rs.
Jas. Edgar,
An order was drawn on the Treasurer in favor of Rob't Craig, one of the Commissioners for purchasing Cloathing for the use of the Continental Army, or his order, for the Sum of Ten thousand Pounds, to be charged to his account.
An order was drawn on the Treasurer in favor of Capt. James Lang, one of the Commissioners for purchasing of Cloathing for the use of the Continental Army, or his order, for the Sum of Five thousand Pounds, to be charged to his account.
Ordered, That William Henry, Esq'r, Lieu. of the City of Phila- delphia, do deliver to Henry Bunner or his order, thirty dozen
.
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SUPREME EXECUTIVE COUNCIL.
Musket Cartridges, to be re-paid by the owners of the Privateer Sloop Gerrard, as soon as possible.
The Council taking into consideration the necessity of laying an Embargo on Provisions, as well to prevent the supplying of the Enemy, as to secure a full supply for the Continental Army,
Ordered, That a Proclamation be issued for laying an Embargo to prevent the exportation of Provisions from this State to any place.
" By the Supreme Executive Council of the Commonwealth of Pennsylvania :
" A PROCLAMATION.
" WHEREAS, The exportation of Victuals & Provisions from the United States of North America hath occasioned much difficulty in procuring supplies for the American Armies, & by the Capture of „divers Vessels employed in such exportation, the forces of the Ene- my have relieved from distresses otherwise likely to embarrass their operations for remedy, whereof, the Council do hereby an embargo on the exportation of Wheat, flour, rye, oats, spelts, bar- ley, Indian Corn, beef, pork, or other Victuals, whether alive or dead, from this State to any parts or place beyond sea, & for that purpose do forbid the clearing out and dispatch, & the Sailing of any Ship or other Vessel on which any such Goods & Victuals shall be laden, of which the Naval Officer, & the Commodore of the State Fleet, are required to take notice & govern themselves accord- ingly : Provided always, That the embargo shall be continued for Thirty days from the date of these Presents & no longer, & that the necessary Stores & Victuals during their voiages, as well for Ships of War as Merchant Vessels, shall not be hereby re- strained.
" Given by order of the Council, under the hand of the Honorable George Bryan, Esq'r, Vice President, & the Seal of the State, at Philadelphia, the first day of August, in the year of our Lord One thousand Seven hundred & Seventy-eight.
(Signed)-"GEO. BRYAN, Vice President. " Attest-T'Y MATLACK, Sec'y."
An order was drawn on the Treasurer in favor of Lieut. Patrick Fullerton, for the Sum of Two thousand Dollars, for the recruit- ing Service, to be charged to his account.
VOL. XI .- 35.
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The Council Met.
PHILADELPHIA, Monday August 3, 1778. PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Jos. Hart, Jonathan Hoge, & ?
--- Mackay, Jacob Arndt, Esq'rs.
Ordered, That Thomas Humberge do bring down the Gunpow- der now in his possession, & deliver it to Capt. Joseph Stiles, of this City, for the use of the State.
An order was drawn on the Treasurer in favor of Peter De- haven, for the Sum of Two thousand Pounds, for the use of the Gun Factory.
And an order was drawn on Will'm Henry, Esq'r, of Lancaster, for Two hundred Gun Locks, to be taken from the insufficient Dutch Arms belonging to the State in his possession.
The Council considering the dangerous tendency of Precedents of assumed Power in cases which may appear to be justifiable from necessity ;
Ordered, That a solemn Protest against the proceedings of Con- gress on the 8th day of June last, for laying an embargo on Pro- visions to prevent the exportation thereof, be entered on our Min- utes, that the said proceeding may not be hereafter drawn into a Precedent, in favor of any claim of right hereafter to be set up to use & exercise the power & authority to lay embargoes in this State. And the following being Prepared and read, the same was ap- proved & ordered to be inserted as their protest :
[Blank in Council Book.]
An order was drawn on the Treasurer in favor of Lieut. James McCulloch, of the 5th Pennsylvania Reg't, or his order, for the Sum of One hundred & Fifty Dollars, for the recruiting service, to be charged to his account.
Ordered, That Mr. Lod Sprogell, Muster Master, do imme- diately muster the Men belonging to the State Fleet, & make re- turn thereof to Council without delay.
Ordered, That the full Rations of Mr. Sprogell, Muster Master, be furnished to him by Mr. Crispin, Commissary of the State Fleet. (These Rations are not be drawn farther back than to the 18th of June.)
On consideration,
Ordered, That Mr. Gunning Bedford be appointed Measurer of Wheat & other Corn & of Salt, in the City of Philadelphia.
On consideration of the recommendation of the Justices of the Court of Quarter Sessions of the Peace for the County of Phila- delphia,
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SUPREME EXECUTIVE COUNCIL.
Ordered, That Hillary Baker, jun'r, be appointed & Commis- sioned to be Clerk of the Court of Quarter Sessions of the Peace for the County of Philadelphia.
The Council met.
PHILADELPHIA, Tuesday August 4, 1778.
PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President. Jos. Hart, James Edgar, & 7
- Mackay, Jac. Arndt, Esq'rs.
Jona. Hoge,
An order was drawn on the Treasurer in favor of Dav'd Dechler John Arndt, Esq'rs, Commissioners for purchasing Wheat, &ca, in the County of Northampton, for the Sum of Two thousand and five hundred Pounds, for which they are to account.
Ordered, That Col. George Stewart, of Earl Township, be re- quired to attend this Council on Thursday the fifth day of Septem- ber next, at nine o'Clock in the forenoon, to answer the Charge of misbehaviour in his Office, as Agent for seizing of forfeited Estates, in the Sale of Goods lately belonging to Michael Wittman; And that a Copy of this Minute be forwarded to him, be considered as a summons for his appearance.
Ordered, That Advertisements be put up at or near Ephrata, giv- ing public notice of the foregoing order, requiring the evidences in the aforesaid' case to appear in Council on the day appointed for hearing the same, or otherwise to make deposition before some Jus- tice or Justices of the Peace for the County of Lancaster, of such evidence as they may be able to give in the Premises, giving notice in writing to the said George Stewart, of the time & place of taking such depositions, at least five days before the taking of the same, such depositions to be carefully forwarded to Council by the Justice or Justices before whom they shall be taken.
The Council met.
PHILADELPHIA, Wednesday Aug't 5, 1778. PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President. Jos. Hart, - Mackay,
James Edger, & ) Jac. Arndt, Esq'rs.
Jona. Hoge,
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The Council met.
PHILADELPHIA, Thursday August 6, 1778.
PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Jos. Hart, James Edgar, &
Mackay, Jac. Arndt, Esq'rs.
Jona. Hoge,
An order was drawn on the Treasurer in favor of Lieut. Stephen Stephenon, of the 9th Pennsylvania Reg't, for the Sum of Six hundred Dollars, for the Recruiting service, for which he is to account.
Hon'ble Rob't Morris & Hon'ble Dan'l Roberdeau attended in Council, & informed the Council That they were directed by Con- gress to inform the Council that the Ambassador Plenipotentiary of his Most Christian Majesty was to receive his first Public au- dience in Congress this day at 12 o'clock, & that the doors of Con- gress would be open to the Vice President & Council, if they shall think proper to attend.
On consideration,
Agreed, That the Council will attend the Public Audience in Congress of the Ambassador Plenipotentiary from the Court of France.
The Council met.
PHILADELPHIA, Friday August 7, 1778.
PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, Mackay,
Jonathan Hoge, Jacob Arndt, &
James Edgar, Smith,
( Bsq's.
An order was drawn on the Treasurer in favor of Lieut. Will'm Vanleer, of the 9th Pennsylvania Reg't, for the Sum of Two hun- dred and Seventy-five Dollars, for the recruiting Service, to be charged to his account.
. Colo. Knox & Colo. Clark, a Committee from the Hon'ble House of General Assembly, attended in Council, & informed that they had in charge from the House to acquaint the Council That a Quorum of the House was now met & ready to enter upon busi- ness, & desired to know if the Council had any business to lay before the house; to which the Hon'ble Vice President replied, that the Council were glad to hear that a House was' met, & that
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SUPREME EXECUTIVE COUNCIL.
the business on which they had been called should be laid before the House.
An Account, of which the following is a Copy, was laid before the Council, Vizt :
"TRENTON, 20th Jan'y, 1778.
" William Crispin, Esq'r,
" To Rob't Paisley, Dr.
" To 6 hhds. Spirits,
117
116
112
113
" March 1, to 2 ditto,
122
117
918 G'ns, @ 105s, £4819 10
" The within Account is just.
"WM. CRISPIN, C. S. F.
" August 4, 1778."
On consideration,
An order was drawn on the Treasurer in favor of Mr. Robert Paisley, or his order, for the Sum of Four thousand five hundred & Ninety Pounds, for the above Six hhds. of Spirits, the said Sum to be charged to the account of William Crispin, Commissary of the State Fleet.
Peter Thompson, Jacob Barge, & Musgrove, three of the Warders of the City of Philadelphia, attended in Council, & represented that they were in great distress for want of Money to pay the Debts contracted by them to purchase the necessary Sup- ply of Oil, & to pay the Watchmen; That the situation of the Taxes will not admit of the necessary collection in time for the said purpose, & therefore, pray that a Sum of Money be put into their hands for these emmergencies, to be repaid as soon as may be ; That the Sum of Fifteen hundred Pounds will probably answer these purposes.
An order was drawn on the Treasurer in favor of Patrick Fuller- ton, Lieu. in the 13th Pennsylvania Reg't, or his order, for the Sum of Six hundred & Eighty Dollars, for the Recruiting Service, to be charged to his account.
Messrs. Blewer & Cox, from the State Navy Board, represent, that the Brig. Convention, Commanded by Capt. Rich'd Eyre, is nearly fitted for Sea, desire further instructions concerning that Vessel ; Whereupon,
Council considering that the danger of the Enemy's return into this River is greatly lessened by various Circumstances, & there is reason to expect that the said Brig. may greatly annoy the Enemy by Cruizing upon the Coast, do recommend that the Navy Board fit
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out the said Brig. for this purpose, as expeditiously as possible, & engage Volunteers to Man her, on the best terms in their power, giving orders to Capt. Eyre to Cruize Six Weeks between the Cape of Virginia & Long Island, & then return for further orders.
The Council met.
PHILADELPHIA, Saturday August 8, 1778.
PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart,
Mackay, 7
Jonathan Hoge, Jacob Arndt, & Esq'rs.
James Edgar, Smith,
An order was drawn on the Treasurer in favor of Mr. Robert Allison, for the Sum of Six hundred Pounds, for the purpose of paying the workmen employed in taking up the Plank at the re- doubt, for which he is to account.
Capt. John Pearson & Lieu. Will'm Thomson, of the 9th Penn- sylvania Reg't, being sent on' the Recruiting Service by Richard Butler, Esq'r, Colo. of the said Regiment, attended, & desired to be supplied with Money and Recruiting instructions.
Ordered, That they be furnished with Money & Recruiting In- structions,
And the following orders were drawn, Vizt : One in favor of Capt. John Pearson for the Sum of Six hundred Dollars, & One other in favor of Lieu. Wm. Thomson, for the Sum of Six Hundred Dollars, for the Recruiting Service, for which they are to ac- count.
The Council met.
PHILADELPHIA, Monday Aug't 10, 1778.
PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
- Mackay, James Edgar, & )
Smith, Jac. Arndt, Esq'rs.
Jona. Hoge,
Ordered, That a Dedimus Potestatem be made out, authorizing James Read, Jacob Morgan & Henry Huller, Esq'rs, of the County of Berks, or either of them, to administer to all & every person in the said County named in any Commission issued or granted, or to
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SUPREME EXECUTIVE COUNCIL.
be issued or to be granted, the Oaths or Affirmations required. to qualify them respectively for their Offices, & the trust reposed in them by virtue of such Commissions.
The Council met.
PHILADELPHIA, Tuesday Aug't 11, 1778.
PRESENT :
Mackay,
Smith,
James Edgar, & ) Jacob Arndt, Esq'rs.
Jonathan Hoge,
-
The Council met.
PHILADELPHIA, Wednesday Aug't 12, 1778.
PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Mackay,
James Edgar, &)
Smith,
Jacob Arndt, Esq'rs.
Jona. Hoge,
A Committee from the Hon'ble House of General Assembly at- tended, & informed the Council that the House were desirous of a conference with Council on the subject of the State Navy, and of the defence of the River Delaware.
Ordered, That the Council will meet the House in conference this Afternoon at three O'Clock.
An order was drawn on the Treasurer in favor of Samuel Cun- ningham, Esq'r, one of the Commissioners for purchasing Cloath- ing for Chester County, for the Sum of One Thousand Two hun- dred Pounds, for the purchasing of Cloathing, for which he is to account.
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