USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XI > Part 47
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Council Chamber.
PHILADELPHIA, Saturday August 29, 1778.
Capt. McAffee proposed to make examination for Goods in the possession of Fitz, who had robbed him, & ammunition for defence,
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MINUTES OF THE
& gave the following account, to-wit: That about 11 O'Clock a Gun was fired at the Window, but struck below the Window, he had not two rounds of Ammunition at this time in his possession ; his nearest neighbours refused to assist him in guarding him.
Ordered, That Capt. Stiles, Commissary of Military Stores, do deliver to Capt. McAffee Ammunition & 4 Militia Men.
The following orders were drawn on the Treasurer, Vizt : One in favor of Robert Allison, for the Sum of Eight hundred Pounds ; One in favor of John Parker, for the Sum of Forty Pounds, both on account of repairs, &c. done to the State House; & one other in favor of Arthur Donaldson, for the Sum of Five hundred Pounds.
The Council met.
PHILADELPHIA, Monday August 31, 1778.
PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
- Mackay, Smith, Jacob Arndt, Esq'rs.
James Edgar,
Jon'n Hoge,
Petitions of John Knowles, Alexa. Murray & William Moland, were read, Praying, That as they had been made Prisoners by the British Troops, & were now upon their Parole, Abraham Iredell and others might be sent into New York to be exchanged for them, whereby they may be restored to their liberty.
Accounts of John Eyre & of Jacob Miller, for Lumber & plank that was taken from them & used by the Enemy in building a Fort, & afterwards taken & used by the State for the same purpose, was laid before Council.
Ordered, That application be made to the President of Congress for Twenty-four blank Commissions for private Ships of War; (the 12 ordered on the 27th not being furnished us.)
Samuel Morris the elder, Esq'r, & eighteen other Citizens of repu- tation, attended the Council, & the said Sam'l Morris, in the name of the rest, addressed the Hon'ble Vice President, & requested That the Council would compassionate the case of the four unhappy Prisoners, Criminals, now under Sentence of Death, & spare the lives of the said Criminals, or some of them, they all appearing to be very penitent & sensible of their great offence, as well as of the justice of the sentence pronounced against them. ~ The Hon'ble Vice President remarked the imposibility of suporting an armed, without making examples of offenders in this way, & that whatever the feelings the members of Council may have as Men, it must be remembered that the Council are to consider themselves as being
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SUPREME EXECUTIVE COUNCIL.
bound by their Station to perform some of the arduous duties of Magistrates, And remarked that it would be proper for the Gentle- men who meant to solicit Mercy for the Prisoners to do it in wri- ting, in order that it may appear at a future day. They then re- tired.
Appointment of the Captains of the Galleys & Guard Boats ; (Captains to return their Lieut's from among the Lieut's now in service.)
Application of the Rev'd S. Barton for a Pass into the City of New York.
Ordered, That a Pass for the said S. Barton & his wife to the City of New York, be made out.
Ap. of Rev'd Mr. A. Murray for time, &ca., referred.
The Council met.
PHILADELPHIA, Tuesday Septem. 1, 1778. PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Mackay, James Edgar,
Smith,
Jacob Arndt, & Esq'rs.
Jona. Hoge,
Thomas Urie,
John Knowles, Esq'r, attended the Council & represented that he had been made a Prisoner by the Enemy & carried by them to the city of New York, that he had been permitted on Parole to re- turn to this City & to use his endeavours to obtain Abraham Ire- dale, of Horscham, in the County of Philadelphia, to be delivered in Exchange for him, the said John Knowles otherwise to return again to the City of New York.
On consideration, Council consent to exchange Abraham Iredale aforesaid, for John Knowles, Esq'r, now under Parole, to the Enemy, and it is
Ordered, That neither the said Abraham Iredale nor his bail shall be sued for default of his appearance in the next Court of Oyer & Terminer, to answer the charge of Treason made against him.
Petition of Negro Ralph, (formerly the property of John Ran- ken,) was read.
Ordered, That the said Petition lie on the table.
The Petition of a considerable number of respectable Citizens Praying, in effect, that Council will remit the punishment of death under which Samuel Lyons, Samuel Ford, Joseph Wilson & John Lawrence, now lie, was read.
Mem. Benja. Walton of Bucks County, & Casper Guyer of Phila- delphia, are still in confinement.
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MINUTES OF THE
A Letter from Benja. Blyth to the Hon'ble Tho's Mckean, Es- quire, Chief Justice, was read, & the same representing that Maclay, Esq'r, one of the Justices for the County of Cumberland had negligently suffered a certain Connelius Hutcheson, charged with High Treason, to make his escape ; thereupon,
Ordered, That it be recommended to the Hon'ble Tho's Mc- Kean, Esq'r, Chief Justice, to make further enquiry into the said charge, & proceed therein according to Law.
Edward Burd, Esq'r, appointed Prothonotary of the Supreme Court, &ca.
Death Warrants for Lyons, Ford, Wilson & Lawrence, Delivered to Commodore Hazelwood, directed to Commodore Jobn Hazel- wood, or in his absence to the Officer Commanding.
The Council resumed the consideration of the Case of the Four Men under sentence of Death, & for the execution of whom War- rants have been issued :
Question .- " Shall Ford be spared ?" Negative.
" Shall Lawrence be spared ?" Affirmative.
" Shall Wilson be spared ?" Affirmative.
" Shall Lyons be spared ?" Negative.
and thereupon,
Ordered, That Joseph Wilson & John Lawrence, now under sen- tence of Death, & for the execution of whom Warrants have been issued, be reprieved for fifteen days.
The Council met.
PHILADELPHIA, Wednesday September 2d, 1778.
PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Mackay, Jacob Arndt,
Smith, Thomas Urie, &
Jona. Hoge, James Edgar,
Joseph Hart, Esq'rs.
A Warrant under the less Seal was issued, Commanding Robert Jewell, Esq'r, Keeper of the Prison of the United States in this City, commanding him to deliver Samuel Ford, Samuel Lyons, Joseph Wilson & John Lawrence, now under sentence of death, &c , to Commodore John Hazlewood, or in his absence to the offi- cer commanding, to be dealt with as this Council shall order.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Thursday Septem. 3, 1778.
PRESENT :
Hon'ble GEORGE BRYAN, Eeq'r, Vice President.
Mackay, James Edgar,
Smith, 'Thomas Urie, & Esqurs.
Jona Hoge, Joseph Hart,
There having been many circumstances which render it highly probable that a certain Berkenhout, Doct. of Physic, a sub- ject of Great Britain, & in the employ of the British Ministry, is now in this City, probably on some mischiefous design.
On consideration, a Warrant under the State Seal was issued, authorizing Col. Lewis Nicola, town Major, to seize the said Doc- tor Berkenhout & his papers, & bring him & them before this Council.
An order was drawn on the Treasurer in favor of Ebenezer Cowell, (Armourer,) or his order, for the Sum of Eight hundred Dollars, for which Sum he is to account.
The Council met.
PHILADELPHIA, Friday September 4, 1778.
PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
- Mackay, James Edgar,
Smith, Thomas Urie, & & Esq'rs.
Jona. Hoge, Joseph Hart,
An order was drawn on the Treasurer in favor of Lieu. Will'm Thompson, of the 9th Pennsylvania Reg't, for the Sum of Six hun- dred Dollars, for the recruiting service, to be charged to his account.
On Application,
Ordered, That a Pass into the City of New York be granted to Elizabeth Shugart, wife of Lieu. Zachary Shugart, of the Pennsyl- vania flying camp, now a prisoner on Long Island.
An order was drawn on the Treasurer in favor of Thomas Jor- dan, paymaster of Militia for the County of Northumberland, for the Sum of Three Thousand Pounds, for which he is to account.
An order was drawn on the Treasurer in favor of Philip Boehm, jun'r, paymaster of Militia for the County of Northampton, for the Sum of Two Thousand & five hundred Pounds, for which he is to account.
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MINUTES OF THE
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Petition of Ignatius Labatte & Philip Angle, inhabitants of Fort Pitt, praying a pass with a Batteau laden with fur, to New Orleans, was read ; & thereupon, .
Ordered, That a pass be accordingly granted.
A Resolve of the Hon'ble House of General Assembly was read, in the following words, to-Wit :
"In General Assembly, Friday Septem. 4, 1778, A. M.
" Resolved, That the Vice President & Council be authorized, impowered & required to take the most effectual measures for pre- venting the exportation of provisions from this State, until a law shall be enacted, or other regulations made by this Assembly. On consideration,
Ordered, 'That agreeable to the Resolve of the Hon'ble House of General Assembly, the Embargo on provisions be continued for & during fifteen days from this date, & that a Proclamation be is- sued for that purpose accordingly.
The Resolve of Congress of yesterday being read, to wit :
" In Congress, September 3d, 1778.
"WHEREAS, Gen'l Washington has required that the Continental Troops in Philadelphia be sent to join the main Army, & that they they be replaced by the City Militia :
" Resolved, That the Supreme Executive Council of the State of Pennsylvania be requested to call out immediately three hundred of the Militia of the State, to serve as Guards in the City of Phila- delphia, & perform such other Military Services as shall be required of them.
"Resolved, That the Artillery Reg't raised in Pennsylvania, Com- manded by Col. Tho's Proctor, be considered as part of the quota of Troops to be furnished by that State, which is to be Credited for the Men now in the Regiment, & also for any which shall be hereafter recruited therein, & that the Government of the said State be requested to furnish Col. Proctor with the State bounty, to enable him to fill up the Regiment to its compliment of Men.
" Extract from the Minutes,
"CHA. THOMSON, Sec'y."
Ordered, That the seventh Class of the Militia of the City of Philadelphia be now called into service.
Col. Samuel Atlee having represented that there was a consider- able Sum of Money due to him for his Pay, &ca .; on Considera- tion that there may be a necessity of his advancing some Money to his inferior Officers,
An order was drawn on the Treasurer in favor of Col. Sam'l Atlee, for the Sum of Seven hundred & fifty Pounds, for which he is to account.
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SUPREME EXECUTIVE COUNCIL.
An order was drawn on the Treasurer in favor of William Henry, Esq., Armourer, or his order, for the Sum of Ten thousand & nine hundred Pounds, to be charged to his account.
Application for William Stringer, Clerk, for permission to retire to England.
Application for Mrs. Robinson.
The Council Met.
PHILADELPHIA, Saturday Septem. 5, 1778.
PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Mackay,
Smith,
James Edgar, Thomas Urie, & Esq'rs.
Jona. Hoge, Joseph Hart,
A Letter from Col. Will'm Irvine, of the 7th Pennsylvania Reg't, recommending Capt. Bratton & Lieut Russel & Millegan to go on the recruiting Service, and thereupon Recruiting orders were ac- cordingly given them as follows :
To Capt. Will'm Bratton to Lancaster County, with orders to the Lieutenant of the said County, to Supply him with Money from time to time, as he. may have occasion ; and to Lieu. James Mille- gan to York Town, with orders to the Lieu. of the County of York to furnish him with Money for this service, and Lieu. Alex'a Rus- sell, to Carlisle, with orders on the Lieu. of Cumberland County. Lien Millegan to have orders to call on the Lieutenants of York & Cumberland. Lieu. Russel orders to the Lieutenant of the County of Lancaster.
An order was drawn on the Treasurer in favor of Cap't John Pearson, of the 9th Pennsylvania Reg't, or his order, for the Sum of One Thousand Dollars, for the Recruiting service, for which he is to acco't.
Colo. Hart & Mr. Read reports, That on examining the papers of Doctor Berkenhout, they found a letter which he (the Doctor) acknowledges he had written the Evening before his arrest, with intention of sending it to Richard Henry Lee, Esq'r, of which the following is a Copy :
" Sir :
" The important business in which you are engaged will not per- mit you to favour me with as much of your conversation as I am inclined to wish, for I presume therefore, to trouble you with the following reflexions on paper ; they appear to me of consequence sufficient to deserve a moment's attention.
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" America will most assuredly never relinquish the independence she hath so nobly acquired; this Independence the Commissioners have no power to grant; it is therefore, evident that no treaty of pacification can possibly commence. Reflecting on this situation of affairs ; most ardently solicitous to prevent the further effusion of blood, and impatient to behold the peaceful establishment of this delightful asylum of liberty, I presume to offer myself a voluntary negotiator between the two contending powers. You start at my presumption, but I am sure your candour will suffer me to proceed. If I were to return immediately to England, I am confident that I could command the eager attention of the Ministry ; that I could convince them of a thousand errors into which they have been led, relative to the general disposition of the People of America, the Power of the State, the inflexibility and sagacity obvious in every department, & many other particulars, sufficient to convince Great Britain that every idea of subjugating America is futile and ridi- culous.
" This information I might give the British Ministry, without any countenance or assistance from Congress or any of its members ; but to render my success indisputable, I could wish that I might be enabled to delineate the outlines of such a Treaty of peace & com- · merce as America would probably approve ; I say probably approve, because I do not expect that Congress will give me the least degree of authority. I would presume to request a mere sketch or outlines of essential Articles on a slip of Paper, not signed, & intended only to assist my memory."
(Dr. Berkenhout's essay of a letter to R. H. Lee, Esq'r). T. M.
An order was drawn on the Treasurer in favor of the Hon'ble Matt'w Smith, Esq'r, for the Sum of one hundred Pounds, to be charged to his acco't.
Ordered, That the Petition of Negro Ralph, late a slave of John ·Rankin, late of the County of York, be referred to the general As- sembly, together with his Papers of proof that he is a freeman.
Ordered, That this Council will on Monday next go down to Billings Port, finally to determine respecting the fortifications to be erected on the river Delaware.
An order was drawn on the 'Treasurer in favour of Lieut. Arch'd Campbell, of the 6th Pennsylvania Reg't, or his order, for the Sum of Six hundred Dollars, for the Recruiting service, to be charg'd to his account.
Colo. George Stewart, of the County of Lancaster, attended the Council, agreeable to the notice sent him, And the wife of Mich'l Whitman attended also, but she, on examination, appearing to have been absent at the time of holding the vendue for the Sale of her Husband's effects, And no other person appearing to give evidence in support of a charge made against the said Col. George Stewart
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SUPREME EXECUTIVE COUNCIL.
of his Having acted improperly in the Sale of the said Mich'l Whitman's effects, the said charge is therefore dismissed.
Doc. Gardner, Mr. Gronow, & Col. Dill, a Committee of the Hon'ble House of General Assembly, attended in Council & in- formed the Council That divers Members of the House being ac- quainted with the circumstances of Ralph, late the Slave of John Rankin, which induce the House to think him unworthy of the notice of the House, he having been supposed guilty of a Burglary within the County of Chester, from whence he was sold, to avoid his being punished, & that the manumission is dated while Mr. Rankin was in the City of Philadelphia, and therefore the House recommend that he be not now Sold, but that he be hired out for the present.
Ordered, that This Council will, on Monday next, go down to Billingsport, to view the State of that ground.
The Council met.
· PHILADELPHIA, Tuesday Septem. 8, 1778.
PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, Smith,
- Mackay, James Edgar, &
Jona. Hoge, James Read,
Thomas Urie,
Esq'rs.
Joseph Blewer attended the Council & represented that his Son, who was taken Prisoner at the Battle of German Town, is now in New York, & in a low state of Health, which induces Mrs. Blewer to solicit a Pass into that City to visit her son. On consideration,
Ordered, That a Pass be made out for Mrs. Blewer, to permit. her to pass into New York.
On Application,
Ordered, That a Pass be made out for Miss - Miller, &
-, to go into the City of New York, not to be permit- ted to return.
Petition of Doctor John Abram Denormandie, praying leave to sell, convey, & confirm his estate real, according to an Act of As- sembly in such case made & provided,
Ordered, That permission under the great Seal of the State, & signed by the Vice President, be made out to Dr. John Abram De- normandie, to sell and convey his estate, according to the Act of , General Assembly in that case made & provided.
An order was drawn on the Treasurer in favor of the Hon'ble James Edgar, Esq'r, for the Sum of One hundred Pounds, to be charged to his account.
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MINUTES OF THE
An order was drawn on the Treasurer in favor of Mr. Henry Spicker, Paymaster of the Militia of the County of Berks, for the Sum of Five Thousand Pounds, to be charged to his account.
Recruiting Orders were issued to Lieut. John Stoy, of the 2d Pennsylvania Reg t, recommended by Col. Stewart to recruit in Philadelphia County, & An order was drawn on the Treasurer in favor of Lieu. John Stoy, of the 2d Pennsylvania Reg't, or his order, for the Sum of Six hundred, to be charged to his acco't, for the recruiting service.
An order was drawn on the Treasurer in favor of William Cris- pin, Esq'r, Commissary of the State Fleet, or his order, for the Sum of One thousand Pounds, for which he is to account.
On Consideration of the State of the River defence,
Ordered, That four Pieces of heavy Artillery be placed on the Fortifications at Billingsport, & two Pieces of heavy Artillery be placed on the Fortifications at Mud Island.
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The Council Met.
PHILADELPHIA, Wednesday September 9, 1778.
PRESENT :
Jos. Hart,
- - Smith,
--- Mackay,
James Edgar,
Jonathan Hoge,
Thomas Urie,
Esq'rs.
James Read,
The Council Met.
PHILADELPHIA, Thursday September 10, 1778.
PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, Jona. Hoge, &
- Mackey, James Read, Esq'rs.
James Edgar,
On consideration of the returns & petitions from the County of Bedford respecting Justices of the Peace,
Ordered, That John Hains, Thomas Wilson, Samuel Thompson & Matthew Dean, be appointed & Commissioned to be Justices of the Peace for the County of Bedford. Commissions to each deliv- ered to Mr. Cessna, Member of Assembly for Bedford.
An order was drawn on the Treasurer in favor of Mr. John Eyer, or his order, for the Sum of Five hundred & fifty Pounds, on account of work done to the Galleys.
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SUPREME EXECUTIVE COUNCIL.
Capt. Harman Stout, of the 10th Pennsylvania Reg't, laid before the Council orders from Col. Rich'd Humpton, to enter upon the recruiting Service in the City of Philadelphia, & to apply to the Council for instructions & money for that Service, and thereupon, instructions were accordingly given him ; and
An order was drawn on the Treasurer in favor of Capt Harman Stout, of the 10th Pennsylvania Reg't, or his order, for the Sum of Six hundred Dollars, for the recruiting Service, and for which Capt. Stout is to account.
The following orders were drawn on the Treasurer, Viz. :
In favor of Lieut. Will'm Thompson, of the 9th Pennsylvania Reg't, or his order, for the Sum of Six hundred Dollars, to be charged to his account:
In favor of Ens. Rob't Rice, of the 10th Pennsylvania Reg't, or his order, for the Sum of Six hundred Dollars, for the recruiting Service, to be charged to his account.
In favor of Lieut. James McCulloch, of the 5th Pennsylvania Reg't, or his order, for the Sum of Seven hundred Dollars, for the recruiting Service, to be charged to his account.
In favor of Lieut. James Forbes, of the 5th Pennsylvania Reg't, or his order, for the Sum of One thousand Dollars, for the recruit- ing Service, to be charged to his account.
The Sheriff of the County of Philadelphia attended & request- ed that a guard may be appointed to conduct several Prisoners from Lancaster to this City ; thereupon,
Ordered, That the Lieutenant of the City of Philadelphia do furnish a guard, not exceeding twelve Men, to conduct Prisoners (under the direction of the Sheriff of the County) from the Borough of Lancaster to the City of Philadelphia.
The Council met.
PHILADELPHIA, Friday Sept. 11, 1778.
PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, Jon'a Hoge, & )
Mackay, James Read, Esq'rs.
James Edgar,
John Moyes laid before the Council an account of his attendance at Billingsport, to take care of the Signal Gun, from Decem'r 4, 1776, to March 17, 1777, is 103 days @ 12s # day; & there- upon,
An order was drawn on the Treasurer in favor of John Moyes, or his order, for the Sum of Sixty-one Pounds & Sixteen Shillings, for his attendance on the Signal Gun at Billingsport 103 days.
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MINUTES OF THE
John Adams, Pilot, laid before the Council his account for at- tending at the Light House Seven Months, Amounting to the Sum of One hundred & twelve Pounds, in which he Credits the State with the Sum of Forty-two Pounds received of Major Henry Fisher ; and thereupon,
An order was drawn on the Treasurer in favor of John Adams, for the Sum of Seventy Pounds, ballance due on his account.
Mr. M'Lean, Mr. Ralston & Mr. -, a Committee from the Hon'ble House of General Assembly, attended in Council, & represented that the House had received information that a sum- mons had been issued by two Justices of the Peace, commanding all persons above the age of eighteen years to appear at a day & place therein named, & take the oath of Allegiance to the State, which the House conceived to be a case of great importance, & therefore requested the advice of the Council therein.
Bartram Galbraith, Esq'r, Lieu. of the County of Lancaster, re- ports to Council, That in consequence of orders received from this Council, he had received from the Quarter Master General Certifi- cates in pay of Substitutes, Money, due for the Militia of the said County, and prayed that an order be issued to the Treasurer to re- ceive the said Certificates in discharge of such Monies as may be due from the said Bartram Galbraith to the State.
On consideration,
Ordered, That it be recommended to David Rittenhouse, Esq'r, State Treasurer, to receive of Bartram Galbraith, Esq'r, Lieut. of the County of Lancaster, Quarter Master General's Certificates, in discharge of such Sums as hath been paid into his hands by the Militia of that County, so far as the said Bartram Galbraith hath received such Certificates in payment of substitute Money.
Ordered, That written application be made to the Board of War, reminding them that application had been made by Col. Smith, ac- quainting them that the time of the Militia now in Service was near expiring, & requesting to know whether the Board of War thought proper to call for any number of Militia to supply their places.
The Council met.
PHILADELPHIA, Saturday September 12, 1778. PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, Jon'a Hoge, & )
Mackay, James Read, Esq'rs.
James Edgar,
The following two orders were drawn on the Treasurer in favor of Major Christian Wirtz, Viz't :
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SUPREME EXECUTIVE COUNCIL.
One for the Sum of Two hundred & Seventy Pounds & Ten Shillings, for his Pay from the Sixth of January last 'till Septem- ber the Sixth ins., at 50 Dollars $ M., -
£150 00 For a Ream of Writing Paper, 8 00 For his rations not drawn during the same time, 900 Ra-
tions @ 2s 6,
112 10
£270 10
The other for the Sum of Fifty-one Pounds & ten Shillings, for making up Sixteen Thousand Musket Cartridges, casting the Bull- ets, & for Paper & twine, to be charged to Congress, the same being for the use of the Guards stationed at Lancaster & delivered to Ludwig Lowman, D. C.
Information being now obtained that His Excellency the late President had, in behalf of this Council, some time ago, purchased of John Maxwell Nesbitt, one-fourth part of a Cargo of Linens imported into Maryland, which by reason of the said President's Death or from some other cause, had not before this present time came to the knowledge of the Council, but with two-fourth parts of the same Cargo purchased by Mess: Meas & Caldwell, for the use of the Continent, have remained at the place where they were landed ; and thereupon,
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