USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XI > Part 57
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the futile & absurd ideas of conquering America are not yet so extinguished in the minds of our Enemies, as to induce them to give over the vain attempt, though it is highly probable, that in- stead of the pompous & useless marches of large Armies through a country which they could not conquer or retain, they will adopt the meaner & crueller plan of depredation & sudden inroad Against these; therefore, whether upon our Coasts or frontiers, it highly be- comes us to make a seasonable provision ; And in order to do this, as well as answer the various exigencies of government, we must request your earliest attention to your revenue, for without this you cannot expect security in War, or tranquility in peace. It is not to be expected that the current & ordinary income of the State will answer the extraordinary expences of War & danger; but it is high time the former should be ascertained, & so enlarged as to afford a prospect of Payment of the Public debts in a reasonable time. The policy of Congress in calling in so great a Sum as Fifteen millions of Dollars, at this time, will require a similar policy on our part, so as to avail ourselves of the present plenty of Paper Money, and lessen a proportionate part of the Public debt. But in the meantime, it is our duty to acquaint you, that when we en- tered upon the execution of your Resolves of the 5th of December last, we found our Treasury in a condition very inadequate for the purposes you recommended, & we have just cause to apprehend that our embarrassments on this subject are increasing, as the circula- tion of two large emissions of paper money has been stopped in ordinary Payment, though received at Public Offices, from which we may naturally infer, that all public Payments will be made in those emissions, useless to the possessor in the common course of busi- ness. You will doubtless, therefore, esteem it necessary, if some mode to supply the Treasury with such Money as may be current, & upon such an estimate of the public expence as may be formed under our present circumstances.
" Before we proceed to lay before you the several matters neces- sary for your consideration, we think proper to acquaint you how far the several resolutions of your last sessions have been carried into execution.
" We have appointed Lieu. Col. Farmer, (a supernumerary offi- cer,) Commissary for the purchase of the Articles enumerated in your resolve of the 5th December, & he has made purchases to a considerable amount. We applied to the Gentlemen of the Army in December last, for a plan of distribution, which, when re- ceived, the Articles will be forwarded for their relief & comfort. The upper bridge on Schuylkill is in part carried away ; the Season of the year was too severe to admit the necessary work to be done for its security, though every step was taken for that purpose. The bridge at the middle ferry has been secured under our direction, by the care of the Officers & men of the Gallies, without any Article of considerable expence to the public. The
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Cloathing of the Officers of the Army has been and will be an ar- ticle of considerable expence ; Finding the public & the army in- jured, in some respects, by the management of the department, we' removed one Officer and shall inspect the conduct of all others, that abuses may not be repeated. We have disposed of all the Gal- lies & armed boats, except such as were necessary for immediate protection & defence, & could be well manned. We have discharged & paid off the Officers and men of the State Fleet who were super- numary, so as to reduce the remaining expence to a sum compara- tively small. The heavy expence of the Gun factory, though we had no reason to complain of the management of it, we have wholly suppressed, from a view of our present stock of arms, & be- lief that the State may now be supplied on cheaper terms. We have discharged some old and heavy demands of the recruiting ser- vice, the militia of the back Counties, and the Artificers formerly employed in public works. The Current and usual expenditures have also had their claims though but in part, satisfied. On the Sixteenth day of January last, we procured from Congress Sixty Thousand Pounds. The inconveniences of such applications to the United States, & the difficulties upon them, are well known to some of the Honorable members of your House; and as the ad- vance of Money to this State by Congress has been very great, (how- ever the final balance of the account may be,) we cannot but be- lieve you will approve of moderation & economy in such applica- tions.
" With such various demands, & many of them very pressing, & having no representation made to us, either collectively or individ- ually, of any depredations on Trade until Monday last, till last Week, & no suitable Vessell to be found in the Harbor, we did not attempt to provide a Ship of War for the protection of Trade ; for had no other difficulty occurred, the impossibility, in our cir- cumstances, of answering the heavy demands which it would have occasioned, was alone a sufficient bar ; We might also had here, that our Treasury having only the reprobated emissions, (except the" Sixty Thousand Pounds,) this stroke of general finance has affected all our measures."
" Agreeable to your desire, we made deligent enquiry after the forestallers of flour and other provisions in this City, & caused sev- eral suspected persons to be prosecuted ; but whether the com- plaints were not well founded, or from a reluctance in the inhabi- tants to appear on such prosecutions, the parties were dismissed. We also issued a Proclamation, reprobating & prohibiting all such practices. Most earnestly do we wish an effectual remedy might be provided; but a more general detestation and abhorrence of them, we apprehend, must take place, before such remedy can be had.
"We would now suggest such modes as have occurred to us to remove, at least in part, some of those evils we feel, & many of those we fear. We think there are many proper subjects of Taxa-
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tion yet untouched, & others too lightly ; such as all Carriages for pleasure & convenience only, & plate. The possessors of Slaves & indented Servants, can also well afford to pay an additional duty. These, with a general plan of Taxation adapted to the present value of Money, & carried fairly & firmly into execution, would have a great effect. But we would also recommend the Sale of the for- feited Estates, with all convenient speed. The prices would bear a proportion to the public debts, & at least put us on a certain foot- ing in this respect. Considerations of a political kind, we think, also press this measure forcibly. We would also recommend the accumulation of fines & other pecunary penalties, not so much as a fund of supply, as necessary for the advancement of public justice & the good order of the government. Fees & other licence money, & especially on Taverns, accruing to the State, & also such Fees as accrue to Officers or others, & have not been sufficiently raised to answer the exigencies of the present times, we think may also justly admit of increase, under some general proportional estimate. For we are bound to inform you that the present penalties for decline of necessary, though troublesome Offices, or for neglect or miscon- duct therein, & the allowances made, are now so reduced in value as to afford no sanction or encouragement for the execution of the Laws.
" We would also again bring into your view a plan for the gradual abolition of Slavery, so disgraceful to any people, & more especially to those who have been contending in the great cause of liberty themselves, & upon whom providence has bestowed such eminent marks of its favor & protection. We think we are loudly called on to evince our gratitude in making our fellow men joint heirs with us of the same inestimable blessings, under such restrictions & regulations as will not injure the community, & will impercep- tibly enable them to relish & improve the Station to which they will be advanced. Honored will that State be in the Annals of History, which shall first abolish this violation of the rights of man- kind, & the memories of those will be held in grateful & everlasting remembrance, who shall pass the Law to restore & establish the rights of Human nature in Pennsylvania. We feel ourselves so interested on this point, as to go beyond what may be deemed by some the proper line of our duty, & acquaint you that we have re- duced this plan to the form of a Law, which, if acceptable, we shall in a few days communicate to you.
" The unhappy disputes upon our borders, & progressive en- croachments, especially on the part of Virginia, will naturally re- mind us how important itis that there should be as early a decision of these points as possible. By a Resolution of Congress passed the 23d of December, 1775, it was recommended to the State of Connecticut ' Not to introduce any Settlers on the disputed lands till the further order of Congress, or until the said dispute should be settled.'
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" The present depopulated state of that disputed Territory may make it very proper, not only to remind the remaining settlers from Connecticut of their precarious tenure, but the State itself of this resolve, which we apprehend never had the effect intended. The papers from Virginia, received since your late adjournment, are transmitted herewith; from them you will judge what probability there is of a termination of disputes in that quarter. But so much do we wish to relieve our unhappy brothers from these distressing & irritating Claims, that we shall esteem our time and labor devo- ted to a most valuable purpose, in executing any measures you may determine for their relief, even to a personal attendance of any of our members on the scene of controvercy, if you shall judge it necessary."
"Some municipal laws in the administration of Justice, we would also recommend ; such as establishing a Court of errors on judgments given in the Supreme Court. It appearing to us that a determination of a single tribunal, binding upon the lives & pro- perties of the Subjects of the State, without review or revisal in any case, must, from the frailty of human nature only, soon be productive of great inconveniences. We would wish they should be prevented rather than remedied. The Suppression of Theatri- cal entertainments, formerly recommended by Congress, to which we would add Horse-racing, gaming & other diversions, productive of idleness & dissipation of manners, seems to us to claim the no- tice of the Representatives of an undepraved & œeconomical people. Duelling, that resource of misapplied courage, so dangerous to the peace of families & society, has lately grown so much into prac- tice that it may justly claim a share of your notice & censure.
The abuses of the process of attachments & replevins, which are taken out upon the Estates of attainted Traytors, & upon Seizures for fines, & other public demands, call for some wholesome re- straints.
" Some prudent & proper cautions against clandestine Marriages, so often fatal to the peace & happiness of families, are highly de- serving of notice. If, as in all other cases where a third party is injured, the bond given on the Licence was assignable to the Parent or Guardians, for their special benefit, & publications of all marriages not celebrated upon Licence was required, it might have a happy tendency to introduce a prudent restraint, without intrenching upon the freedom of marriage, which. the policy of all wise States has most judiciously encouraged & protected.
" We shall now offer the last, though not the least, object of your public enquiry & deliberations ; we mean the nature & extent of the claims or Estates of the late Proprietaries, and their consistency with the interest & happiness of the people under the late revolu- tion. To reconcile the rights & demands of Society with those of private justice & equity in this case, will be worthy your most se- VOL. XI .- 44.
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rious attention ; nor ought the magnitude of the object, or the splendor & influence heretofore annexed to the power derived from that source, deter you from the enquiry or dazzle you in the pur- suit. The just regard due to the suspended rights of many indi- viduals of this State, & the common interests of all, do not admit that it should any longer be kept out of sight, though war, with all its calamities & confusion, has hitherto excluded it from the notice of a Government founded on the authority of the people only.
"JOSEPH REED, President."
being read, was approved; and thereupon,
Ordered, That the said Message be signed by His Excell'y, the President, & laid before the House by the Secretary, together also with the following Papers, Viz : Resolves of Congress of the 1st of January & of the 2d January ; A Letter from the Delegates of Virginia in Congress, & Resolves of the House of Burgesses of the said State, respecting the line between that State & Pennsylvania, dated
[Blank in Council Book. ]
A Letter from Jeremiah Powell, Esq'r, President of the Council of Massachusetts Bay, dated
[Blank in Council Book. ]
A Letter from Gov'r Morris & William Whipple, Esq'rs, a Committee of Congress, respecting forestalling ; and a Letter from Col. Butler & others, respecting the Resolves of the House of No- vem. 14 & Decem. 5th.
The Secretary reports, that agreeably to the order of Council, he had presented to the House of General Assembly the Address of the President & Council, & had laid before the House the Papers the Council pleased to order.
The Resolves of Council respecting Maj. Gen'l Arnold being printed,
Ordered, That the Secretary do inclose one to the authority of each of the United States, and one to the Delegates in Congress of each State.
An order was drawn on the Treasurer in of the Hon'ble George Bryan, Esq'r, Vice President, or his order, for the sum of three Hundred Pounds, to be charged to his account. .
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SUPREME EXECUTIVE COUNCIL.
The Council Met.
PHILAD'A, Saturday February 6, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President. Joseph Hart, James Read,
Jacob Arndt, & Esq'rs.
John Macky, McClean, Thomas Scott,
On application,
Ordered, That Mr. George Henry do deliver to Col. Flower, Commissary of Military Stores, or his order, 375 two Pound Shot, 5 four Pound Shot, & 12 Six Pound Shot, for the use of the State, of South Carolina, to be replaced by Congress.
Resolved, That a Supersedeas issue upon the Commission of the Peace of the County of Cumberland, so far as respects John Holmes, Stephen Duncan, Ephraim Steel, William Brown, John Harris, John Schuller, James Maxwell, & John Work, who having been elected & appointed Justices of the Peace for said County, have de- clined accepting the said offices.
Resolved, That Sam'l Laird, of Carlisle, be Commissioned as a Justice of Peace of the County of Cumberland.
Sundry Resolutions of the Senate & House of Delegates in Vir- ginia, were delivered in by the Delegates of Congress from that State, & read & ordered to be sent to the Hon'ble House of Ag- sembly.
The Council met.
PHILAD'A, Monday February 8, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, Jacob Arndt, r Mc Lean, Thomas Scott,
General Ewing attended, first time of his present coming to town.
Petition of Dr. Valentine Standly, jun'r, praying to be Paid as senior Surgeon of the State Fleet, & to be discharged, was read.
John Macky, John Hambright, & Esq'rs.
On consideration of his having been appointed Senior Surgeon by the Navy board,
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Ordered, That Doctor Valentine Stanley, do receive pay & Ra- tions as Senior Surgeon of the State Fleet until the first day of this instant, February, & that he be discharged, according to his request.
A Certificate of Mr. Holker, Agent General of the Royal Marine of France, that he had taken to freight the brig Industry, George Curwin, Master, with Provisions for the use of the Fleet of His most Christian Majesty under the command of Count D'Estaing, was read ; & thereupon,
Ordered, That the Naval Officer be directed to clear out the Sloop Industry, George Curwin, Master, for the Island of Marti- nique, with 48 barrels of Pork, 7 Tierces of Pork, 459 barrels of Flour, 107 barrels of Bread, 1 barrel of Rice, & 6 Tierces of Rice, for the use of the Fleet of his most Christian Majesty, under the command of the Count D'Estaing.
Ordered, That the Resolves of this Council of the 3d instant, respecting Gen'l Arnold, be published in the several Newspapers of this City.
Ordered, That the Resolve of Congress of the 9th of February, 1778, respecting the enquiring into the conduct of the Continental Officers, be Re-published.
Ordered, That Capt. Boys be directed to order out one of the armed Boats of the State, for the purpose of looking out & making Signals to the Vessels outward bound : That Mr. Henry & Mr ... Crispin, do in their departments what may be necessary herein, so that she may be sent out with all possible dispatch. The Boat to continue on this duty as long as the weather will admit & the Ser- vice requires.
MONDAY February 8, 1779, P. M.
Present as A. M., except John Hambright & Jac. Arndt, Esq'rs.
The Council took into consideration the account of Arthur Don- aldson, he being present; & having spent some time thereon, & there appearing to be a considerable Balance due to him,
An order was drawn on the Treasurer in favor of Arthur Don- aldson, or his order, for the Sum of Five Hundred Pounds, to be charged to account of the said Donaldson.
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SUPREME EXECUTIVE COUNCIL.
The Council met. 1
PHILAD'A, Tuesday February 9, 1779. PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, Ewing,
John Macky,
Jac. Arndt,
McClean, John Hambright, &
Esq'rs.
Ja's Read, Tho's Scott, 1
The Resolves of the Senate & Delegates of Virginia, respecting the disputed boundary, in addition to those received some time since.
Ordered, To be sent to the House of Assembly forthwith.
A Petition from Joseph Jefferies, Waggon Master of York County, praying that the Board will fall upon measures to Payment of the Waggons employed in transporting the Baggage of the Conven- tion Troops, was read; The Officers of that department in York County having no orders ; therefore,
Ordered, That he apply to the assistant Q M. General in this City, who is desired to give the necessary orders for that purpose.
Same Day, P. M.
Present as A. M., except John Hambright & Tho's Scott, Esq'rs.
The following orders were drawn on the Treasurer, Viz :
In favor of Ebenezer Cowell, or his order, for the Sum of Two hundred & Fifty Pounds, to be charged to the said Cowell.
Mr. McLean informed the Council, that a Committee of the Hon'ble House of General Assembly had been appointed to con- sider of an application to the Congress for a Loan of Money to this State, and that it was requested a Committee of this Board might be added.
On consideration,
Ordered, That Mr. Vice President, Col. Hart, & Mr. Ewing, be a Committee to confer with the Committee of the Hon'ble House of General Assembly, upon the subject of an application to Con- gress, & report to this Council.
An order was drawn on the Treasurer in favor of George Rein- hart, or his order, for the Sum of Fourteen Pounds Eleven Shil- lings & Three Pence, for riding express to deliver a Letter to Major
·
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Gen'l Arnold, by order of Council, to be charged to Congress ; the said expence having incurred in the pursuit of a Resolve of Con- gress of the 9th February, 1778.
The resignation of John Creigh, Esq'r, of his Office of Clerk of the Orphans' Court of the County of Cumberland, was read.
The Petitions of William Lyons & John Agnew, Esquires, & Mr. Henry McKinley, each praying to be appointed Clerk of the Orphans' Court of the County of Cumberland, were read; & there- upon, the Votes being taken, William Lyons, Esquire, was unani- mously chosen Clerk of the Orphans' Court of the County of Cum- berland ; And thereupon,
Ordered, That William Lyons, Esq'r, be Commissioned to be Clerk of the Orphans' Court of the County of Cumberland.
An order was drawn on the Treasurer in favor of the Hon'ble T'ho's Mckean, Esq'r, or his order, for the Sum of One Thousand & five hundred Pounds, on account of his Salary as Chief Justice.
And the two following orders were also drawn on the Treasurer, Vizt :
One in favor of the Hon'ble Tho's Mckean, Esq'r, for the Sum of Five hundred Pounds, to be by him forwarded to the Hon'ble John Evans, Esq'r, & charged to him (the said Evans,) on Acount of his Salary as one of the Judges of the Supreme Court.
And one in favor of Col. Sam'l Atlee, Esq'r, or his order, for the Sum of Five hundred Pounds, to be by him forwarded to the Hon'ble William Agustus Atlee, Esq'r, & charged to him, (the said W. A. Atlee,) on account of his Salary as one of the Judges of the Supreme Court.
The Council met.
PHILAD'A, Wednesday Feb'ry 10, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, John Macky, - McLene," Jacob Arndt, & Thomas Scott,
- Ewing,
Esq'rs.
Petition of Capt. Henry Martin, of the armed boat Lyon, now ordered down the River, praying to be furnished with Rum, was read ; and thereupon,
Ordered, That Will'm Crispin, Commissary, do furnish Capt. . Martin with Rum for the present Cruize down the River to Lewis Town, for himself & his Crew.
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SUPREME EXECUTIVE COUNCIL.
On application, a pass was granted to Heym Saloman to Virginia, he being recommended by Col. Farmer, & it appearing that he had taken the Oath of Allegiance to the State.
The report of Col. Hart, Mr. Scott, & Mr. Hambright, a Com- mittee appointed to inspect the State of the Prisoners in the Goal of this City, was read; &
On consideration,
Ordered, That the fines of the following named persons, now in the Goal of the City and County of Philadelphia, be remitted, Viz :
Mary Hood, Catherine Clark, Jane Williams, Susanna Craig, Mary German, Ann Winters, John Shea, Francis Quin, George Ludwick Fisher, & John Allen, they appearing to be unable to pay the same.
On motion,
Resolved, That the Hon'ble House of Assembly be requested to meet this Council in a free conference with them on the following clause of the Twentieth Section of the Constitution :
[This minute was taken from the Journals of the House of As- sembly.]
They (the Council) are to correspond with other States, & transact business with the officers of Government, " civil & mili- tary, & to prepare such business as may appear to them necessary to lay before the General Assembly"; Which being read, it was thereupon,
Ordered, That Mr. Biddle & Mr. Smiley, be a Committee to wait upon & inform the Hon'ble the Council, that this House will confer with them on Monday next, at 10 O'Clock in the Morning, on the Subject matter of the said message.
Mr. Biddle & Mr. Smiley, a Committee of the Hon'ble House of Assembly, attended with the foregoing order of the House, & informed the Council that the House had directed them to confer with the Council concerning the place of conference, and on con- sideration, the Committee & Council agreed, That the proposed conference be held in the Council Chamber, at the time proposed by the Hon'ble House of General Assembly, to Wit : On Monday 10 o'clock, A. M.
Ordered, That the complaint respecting the Election held for the County of York, be heard to-morrow Morning, 10 o'clock.
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MINUTES OF THE
The Council met.
PHILAD'A, Thursday Feb'ry 11, 1779. PRESENT.
His Excell'y JOSEPH REED, Esq'r, President ..
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, James Ewing,
John Macky, Jacob Arndt, &
McLene, Thomas Scott,
Eso'rs.
Jas. Read,
John Orr, Esq'r, & others, on the part of the complainants against the return of the Election for the County of York, for a. Counsellor to represent the said County in this Council, now being present, The Hon'ble James Ewing, Esq'r, being party in the Question, now in hearing before the Council, withdrew from bis Seat in the Council.
Daniel Mesterly, Esq'r, being duly sworn.
[Blank in Council Book. ]
The Council met.
PHILAD'A, Friday Feb'ry 12, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, James Ewing,
John Macky, Jacob Arndt, & Esq'rs.
McLene, Thomas Scott,
Petition of Jos. Carson, praying to be supplied with 300lbs of Powder & 201bs of Match Rope, was read ;
And on consideration,
Ordered, That Capt. Stiles do supply Joseph Carson, or bis or- der, with Three hundred Pounds of Gunpowder, if it can be safe- ly spared, he paying a reasonable price for the same.
A Sketch of the accounts of Samuel Cunningham, Esq'r, being laid before Council, on consideration, the following two orders were drawn on the 'Treasurer in favor of the said Samuel Cunningham, Viz :
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