USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XI > Part 58
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One for the Sum of Seven hundred & fifty Pounds, & One for the Sum of Two hundred & fifty Pounds, both to be charged to his account.
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SUPREME EXECUTIVE COUNCIL.
Same day P. M .- The Council Met.
Present as A. M.
The Council then resumed the consideration of the evidence given respecting the Election for the County of York, & the same being read, and several hours spent thereupon, Council referred the further consideration thereon until to-morrow Morning.
Received from the Hon'ble John Jay, Esq'r, Six blank Priva- teer Commissions, & returned to him twelve bonds, received on issu- ing the twelve Commissions received heretofore from him.
The Council met.
PHILAD'A, Saturday February 13, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Elon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, Jacob Arndt, John Hambright, &
John Macky,
McLene, Thomas Scott,
Esq'rs.
James Read,
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An order was drawn on the Treasurer in favor of Will'm Holli- day, Pay-master of Militia of the County of Bedford, or his or- order, for the Sum of Two Thousand Pounds, to be applied in Pay- ing the Militia of the said County, for which Sum the said Holli- day is to account.
A Certificate dated the 9th instant, of the election of William Lyon to be Recorder & Register of the County of Cumberland, by the Hon'ble House of General Assembly, was read; Thereupon,
Ordered, That Commissions be issued to William Lyons, appoin- ting him to be Recorder & Register of the County of Cumberland. The following two orders were drawn on the Treasurer, Viz :
One in favor of Elizabeth Irvine, or order, for the Sum of One Thousand one hundred and Twenty-five Dollars, due to her broth- er, Brig'r Gen'l James Irvine, for his Pay from the 26th day of August 177 , to the 25th day of May 1778, inclusive, agreeable to the order of the said Gen'l Irvine.
One in favor of William Rush, for the Sum of One Thousand Five Hundred & fifty Pounds nine Shillings & Eleven Pence half penny, for work done by him. (including an order of the late State Navy board, dated March 9th, 1778, for the Sum of One Thous- and One hundred and fifty One Pounds & Six Shillings, which ap- peared to remain unpaid. )
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MINUTES OF THE
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The Council resumed the consideration of the Election of a Councellor for the County of York ; & thereupon,
Resolved, That James Thompson, Esq'r, is duly elected to serve as Councellor for the County of York.
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Ordered, That Mr. George Erchelberger, of the County of York, now in this City, do attend this Council on Monday next, at Six O'Clock in the Afternoon, in the Council Chamber.
Council resumed the consideration of the contested Election of a Councellor in the County of York.
2; Whether at the opening of & during the Election of the 1st District for York County, was not attended with such circum- stances of Clamour & Terror, as to have an undue influence upon the minds of the Judges & Inspectors, & thereby violate the free- dom of Judgment & Election.
Whether such circumstances of Clamour and Terror attended the opening & continuance of the above Election, as to afford Just ground to believe the Judges & Inspectors did not exercise their Judgment freely, & that thereby the freedom of Election was violated. Yeas, -; Nay, 1.
Whether it appears to this board, that the Election of the 2d & 5th Districts were legally conducted.
Resolved, That James Ewing, Esq'r, is not duly elected to serve as a Councellor for the County of York. No 8 : Yes 1.
Resolved, That James Thompson, Esq'r, is duly elected to serve as Councellor for the County of York. Aye 8 : No 1.
The Council met.
PHILAD'A, Monday February 15, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, Jacob Arndt,
John Hambright, &
John Macky, McLene, Thomas Scott,
Esq'rs. James Read,
The Clerk of the Hon'ble House of General Assembly attended & informed the Council that the House were ready to meet the Council in conference, agreeably to the order of the day.
Ordered, That the Secretary of the Council do wait on the Hon'ble House of General Assembly, & inform the Honourable House that the Council are now ready to confer with the Hon'ble House, agreeably to the order of the day.
The Secretary reports that he had obeyed the foregoing order.
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SUPREME EXECUTIVE COUNCIL.
The Speaker & the Members of the Hon'ble House of General Assembly attended in the Council Chamber,
* His Excellency the President opened the Conference, by stat- ing the business upon which they were now met. After several hours spent in free conference, adjourned to four O'Clock, P. M.
The same day, P. M.
The Council & General Assembly met in conference, and having spent some time in free communications of sentiments,
A Letter from Gen'l Mackintosh was read, which gave an ac- count of an attack by the Indians on a party going from Fort Pitt to Fort Lawrence, & of the probability of an attack on the Settle- ment at Blackbury Creek, and a free conference was thereupon had.
The Council Met.
PHILAD'A, Tuesday February 16, 1779. '
PRESENT : His Excell'y JOSEPH REED, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, John Macky,
Jac. Arndt, & Tho's Scott, Esq'rs. - McLene,
Two Letters from Mr. Holker, Agent & Consul of France, the one of the 11th, the other of the 14th instant, were read; and on consideration, 1
Ordered, That the said Letters be laid before the Hon'ble House of General Assembly, with a Message therewith; And the following Message being read, was approved & ordered to be signed by His Excellency the President, Vizt. :
"In Council, Philad'a Feb'ry 16, 1779.
" Gentlemen :
" The Consul of His Most Christian Majesty, having before the opening of the Session, represented to the President that the Sea- men of his nation in the service of His Majesty, & also in the em- ploy of his Subjects trading to this State, were frequently inveigled & taken off by masters of Vessels, & others, Subjects of our State,
* This conference having been requested by the Council.
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MINUTES OF THE
to the great injury of the Navy & Commerce of France, was de- sired to give a written state thereof, & also of his expectations on that subject. He has now laid before us a memorial, not only speci- fying the grievance, but suggesting some measures of relief. We herewith transmit the papers officially delivered to us for your con- sideration, at the same time observing, that the special complaint. has been satisfactorily redressed, upon application to Capt. Barry. " We also transmit to your Hon'ble House a complaint on the same subject, exhibited to us by the Captains of the Gallies em- ployed for the defence of the State, upon which this Council en- tered into & published a cautionary resolve ; But whetherthis will be sufficiently remedial, may admit of some doubt. We think proper to recommend it to your notice.
"JOSEPH REED, President."
WHEREAS, George Erchelberger, a Deputy Commissary of pur- chases for the United States, (of York town in the county of York,) having at the last Election of the County of York for chusing a Councellor to represent the said County of York in this Council, used angry and threatening language to influence the Judges & In- spectors for the first District of the said County, there assembled in the Court House of the said County, & having afterwards, on the 15th & 16th of October, at a meeting of the Judges of the several Districts of the said assembled, for the purpose of casting up the votes taken in the several Districts of said County, & making re- turn to this Council of the person elected to represent the said County of York in the Supreme Executive Council, intruded' him- self violently and forcibly among the said Judges, & dictating to them in what manner they should proceed in making the said re- turn :
And upon divers of the said Judges refusing to act agreeably to his directions, he, the said George Erchelberger, did call them, the said Judges, so refusing, perjured Rascals, and declaring that they should be sued with an hundred Writs before they left York Town, with other threatening aud abusive language.
Resolved, Therefore, That the said George Erchelberger is guilty of a high, crime & misdemeanor, a violation of the freedom of Elec- tion, & breach of priviledge of this Council.
Whereas, George Erchelberger, of York Town, having not at- tended, agreeably to the order of Council of
Ordered, That a warrant issue to the Sheriff of the City & County of Philadelphia, commanding him to bring the body of the said George Erchelberger before this Council forthwith.
An order was drawn on the Treasurer in favor of James Ewing, Esq'r, for the sum of Thirty-two Pounds & Eight pence, for his attendance eight days, & Mileage twice on 89 Miles.
The President reported to Council, that upon conference held with the Hon'ble House of Assembly, in their Chamber, in pursu-
b h a b
a ci & de a
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SUPREME EXECUTIVE COUNCIL.
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ance of a Minute of the instant, He, in the name of the Coun- cil, disavowed any claim officially or authoritively to propose Bills & impose them on the House, And that the Council never inten- ded or meant to be understood as making such a claim ; But that it appeared to them that the above clause in the Constitution, when compared with that expression, of the power of the Assembly, may be properly construed into a duty on the Council to frame drafts or heads of Bills, which the House of Assembly may or may not adopt or notice, in their discretion ; And that as the council, from having the Execution of the Laws, may reasonably be supposed to know were they are defective & where new laws may be necessary,
the of Assembly would be shortened, the laws probably more accurate, & the business of the State transacted more benefi -. cially, harmoniously & expeditiously.
The conference then proceeded to consider the power & Duty of the Council to instruct the Delegates of the State in Congress du- ring the recess of the Assembly.
Whereupon it was agreed, that the Council may & ought to ad- vise the Delegates of the State upon all matters occurring in the Recess of the House of Assembly, wherein the Honor & Interest of the State is Concerned, so as the same be done consistently with any instructions, which may have been received from the House.
The Council met.
PHILAD'A, Wednesday Feb'ry 17, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President. Joseph Hart, Jacob Arndt, 1
John Macky, John Hambright, &
- McLene, Thomas Scott, Esq'rs.
James Read,
The Petition of John Turner, late belonging to the Washington Galley, praying to be paid his Wages, was read; & it appearing that he has a certificate of a discharge dated September 1, 1778, Signed William Bradford, Chairman, & that he has lost an eye while in the service, & unfit for service,
Ordered, That John Turner, late belonging to the Washington, be discharged, & that he be paid his Wages until the first of Sep- tember last.
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MINUTES OF THE
The Council met.
PHILAD'A, Thursday Feb'ry 18, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, John Macky, - McLene, Thomas Scott,
James Read,
Jacob Arndt, &
Esq'rs.
An order was drawn on the Treasurer in favor of the Hon'ble James Read, Esq'r, for the Sum of Two Hundred Pounds, to be charged to his account.
Petition of Peter Dehaven, praying direction of the Council re- specting the outstanding Debts due to the State Gun factory, was read.
Ordered, That Peter Dehaven be authorized to collect the out- standing due to the Gun factory, without delay.
The Council met.
PHILAD'A, Friday February 19, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, Thomas Scott,
John Macky, &
Esq'rs.
A Letter from William Paca, Esq'r, respecting a Committee of Congress on Gen'l Arnold's application for a Court Martial, was read.
Mr. Nesbitt, Mr. G. Wilcocks, Mr. Donaldson, Mr. J. Caldwell, & Mr. T. Fitzsimmons, a Committee of Merchants, attended the Council, & communicated to Council a writing from the Merchants of Baltimore, representing the distress occasioned by small priva- teers on the Coast, & a conference thereon was read.
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SUPREME EXECUTIVE COUNCIL ..
The Council Met.
PHILAD'A, Saturday Feb'ry 20, 1779. PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, Jacob Arndt, & )
John Macky, Tho's Scott, Esq'Is.
McLene,
The following orders was drawn on the Treasurer, Viz :
One in favor of Col. William Clark, Paymaster of Militia of the County of Cumberland, or his order, for the Sum of Ten thousand Pounds, to be charged to his account.
One in favor of Col. John Proctor, Paymaster of Militia of the County of Westmorland, for the Sum of Ten thousand Pounds, to be charged to his account.
Mr. Scott represented to Council, that the Sum of 1815 Dollars, of the two emissions called in by Congress, was paid to him by the Treasurer as part of the Money to be sent by him to Colonel Proc- tor, of Westmorland, & requested that the same may be exchanged for Current Bills.
Ordered, That it be recommended to the Treasurer to exchange the aforesaid 1815 Dollars.
A Resolve of the General Assembly of this day was read, re- specting three Petitions from the Militia of the County of North- ampton .*
[Blank in Council Book.] .
Petitions to go into New York from the following named persons, were read, Viz : John Murray, Mary Cooper, Sarah Engle, Mary Munn, Christopher K. Allicocke, James Jones Wilmer, Martha Green, Abigail Ott, Elizabeth Derwood & George Douglass.
Ordered, That the same be referred to Congress.
Petition of Cornelius Woodruff, convicted of Larceny in the County of Westmorland, was read & rejected.
Petition of William Mitchell, convicted of Misprisions of Treason, at a Court of General Quarter Sessions of the peace held at Hanna's Town, for the County of Westmorland, in October last, praying for the considerations therein expressed, Pardon, was read ; & also a recommendation of the said Mitchell as an object to whom Mercy ought to extend. Signed by
On consideration,
Ordered, That William Mitchell, convicted of Misprision of Treason, at a Court of Quarter Sessions of the Peace held for the County of Westmoreland, in October last, be Pardoned ; and let a Pardon in due form be issued accordingly.
*Two of the Petitions were delivered by Mr. Morris, & the third, he says, is lost.
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The same Day, P. M.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, - McLene,
John Macky, &
Esq'rs.
An application of Will'm C. Bradford, Paymaster of the State Fleet, for Money to Pay the Officers & Men, was read.
On consideration,
An order was drawn on the Treasurer in favor of Will'm C. Bradford, Paymaster of the State Fleet, for the Sum of One thou- sand Pounds, to be charged to his account ; And
Ordered, That Will'm C. Bradford be directed to make out his accounts, & lay the same before the Committee of General Assem- bly.
Petition of James Talbot, praying permission for his Mother & Sister to come out of New York, was read & rejected.
Petition of Mr. Benja. Lodge, praying to be allowed Cloathing out of the State Store, was read & rejected, and he referred to the Camp for his supply.
Petition of Capt. Hawkins Boone, of the Sixth Pennsylvania battalion, a wounded Officer, praying to be allowed Cloathing out of the State Stores, was read ; & in consideration of his peculiar sit- uation, & of the Spirited intrepidity of his Conduct in a Campaign to the North Westward, under Col. Hartley, when his situation might have justified his remaining at home,
Ordered, That Jacob S. Howell, State Clothier, do supply Capt. Hawkins Boone, a wounded Officer, with one suit of Cloaths, two Shirts, & two pair of Stockings.
Petition of Isaac Cohen, Capt. of Artillery, praying to be al- lowed Cloathing for his Company of Artificers, was read, & refer- red to Congress.
Application of William Crispin, Commissary, for Money, was read ; &
An order was drawn on the Treasurer in favor of William Cris- pin, Commissary, for the Sum of Three Thousand Pounds, to be charged to his account.
WHEREAS, the Hon'ble the Continental Congress did, on the 21st August last, Resolve as follows :
" Resolved, That when any persons are desirous of going within the Enemy's lines, they shall apply to the Executive Powers of the State to which they belong; and if the said Executive Powers ap- prove the motives & Characters of the Persons applying, & shall be of opinion, especially at so critical conjunctures as the present,
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SUPREME EXECUTIVE COUNCIL.
that no danger will ensue by granting such permission, that they recommend them to the Officer commanding the Troops next to the Enemy, who, upon such recommendation, may, at his discretion, permit the persons to go in."
AND WHEREAS, Officers in the service of the United States have exercised the powers mentioned in the above Resolve without any application to this Board, & the same having been represented to Congress on the 25th of January last, no determination has yet been had or notice taken thereof, from which the exclusive power of the Board in the Premises seems to be doubtful :
Resolved, Therefore, that this Council will not give any further recommendations until the determination of the said power ; but that persons desirous to go within the Enemy's lines, be referred to the Hon'ble the Congress for their permission or licence.
The Council met.
PHILAD'A, Monday February 22, 1779.
PRESENT : 1
His Excell'y JOSEPH REED, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President.
John Macky, Joseph Hart, McLene, Jacob Arndt,
John Hambright, Thomas Scott, &
Esq'rs.
An order was drawn on the Treasurer in favor of Will'm Ful- lerton, or his order, for the Sum of Forty-five Pounds & ten Shil- lings, for work done by him to the State Fleet.
Ordered, That Col. John Weitzel be notified to attend at the Council Chamber to-morrow at 11 o'clock.
The Council met.
PHILAD'A, Tuesday February 23, 1779. PRESENT : His Excell'y JOSEPH REED, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President.
John Macky, Jacob Arndt, John Hambright, & &Esq'rs.
Joseph Hart, McLene, Thomas Scott,
Col. John Weitzell attended the Council according to order, & the Petition of divers of the Militia of the County of Northamp- VOL. XI .- 45.
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ton, complaining of his, Col. Weitzell's conduct in calling out the Militia of the said Battalion, addressed to the General Assembly, & by them referred to this Council, was read. Col. Weitzell being asked if he admitted the truth of the facts alledged against him, he said he did not admit them, & thereupon he laid the Minutes of the proceedings of him, the said Lieutenants & Sub-Lieutenants, in the case, with some other papers, tending to justify his conduct.
On consideration,
Ordered, That Wednesday the 24th day of March next, be ap- pointed to hear the complaint of the Petitioners of the fourth Bat- tallion of the County of Northampton, against Col. Weitzele, in the Council Chamber, & that the Parties have notice to attend with their Witnesses, or with depositions taken, being Robert Levers or John Arndt, Esq'rs, two of the Justices of the Peace of the Coun- ty of Northampton, in the presence of the Parties, if they should think proper to attend, after due notice given to them in writing.
The following three orders were drawn on the Treasurer in favor of Warwick Coats, Sen'r, or his order, Viz :
One for Fifty-two Pounds & fifteen Shillings, for work done by him on board the Franklin Galley.
One for Fifty-five Pounds & Fifteen Shillings, for work done by him on board the Hancock Galley ; and
One for Seventy Two Pounds Seven Shillings & Six Pence, for work done on board the Sloop Speedwell.
A Petition & Sundry Papers from the Overseers of the Poor be- ing read & considered ;
Resolved, That it is the opinion of this Board, that the Auditors of the Accounts between the United States & this State, ought to make a reasonable charge, as well for the use of the House of Em- ployment, as the New Goal, Powder House & other Public build- ings occupied by the United States, the State House excepted.
The Council met.
PHILAD'A, Wednesday February 24, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, Jacob Arndt,
James Read, John Hambright, &
John Macky, Tho's Scott,
The Secretary informed the Council, That he had seen the origi- nal entry in Mr. John Mitchell's memorandum book, respecting Jesse Jordan's Brigade of Waggons sent by General Arnold to Egg
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SUPREME EXECUTIVE COUNCIL.
Harbor, dated October 22, 1778, & that it appeared clearly to him, that the Note in the Margin of the said entry has been altered in a darker coloured Ink & a different hand writing. The word "went" being written over what appeared to have been the word "sent," & the word "direction" (abreviated) written over what appears to have been the word "order" abreviated; Whereupon, a message was sent to Mr. Petit, requesting his attendance in the Council Chamber, & he attended accordingly.
The Council then laid before Mr. Petit their information con- cerning the alteration in the Deputy Quarter Master's Book, & re- quested him to lay the same book before this Council for their in- spection, & after altercation on the subject, in which Mr. Petit gave it as his sentiment; that the same could not be demanded of him of right, he brought it, & on examination in Mr. Petit's presence, the alteration plainly appeared, and there appeared also, in the same book, that the last entry therein, of the 30th day of October last, was totally obliterated, not by a common erasure, but by a black blot, done with evident design totally to conceal the entry there made, consisting probably of two lines.
The Board taking into consideration the Conduct of John Mitch- ell, Deputy Quarter Master General, in his said Office,
Resolved, That the said John Mitchell have notice, that the board will proceed against him upon the resolve of Congress of the of February, 1777, on the complaint of Andrew Boyd, Deputy Waggon Master, & on the several facts appearing therein in proof against him, unless he attend and shew cause to the con- trary forthwith.
The Council met.
PHILAD'A, Thursday February 25, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President. Joseph Hart, Jacob Arndt,
John Macky, John Hambright, & Esq'rs.
McLene, Thomas Scott,
Major Gen'l Armstrong attended in Council on his arrival in the City.
An order was drawn on the Treasurer in favor of Joseph Hud- dle, or his order, for the Sum of Forty-Six Pounds Six Shillings & Ten Pence, for Wharfage & Storeage due to the said Huddle from. the State.
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Mr. John Mitchell, Deputy Quarter Master General, attended in Council, & the Resolve of Congress of the 9th February was read to him, and also divers proceedings relating to the calling of a large number of Waggons in or about September last, (at least 1100 waggons,) & he was called upon to answer for his conduct in per- mitting the Waggons of this State to be called into the service of. the United States, under the authority of Law, to be applied by Gen'l Arnold to his private use, & for the alterations evidently made in his (Mitchell's) Memorandum book, of the entries made of that transaction, as an improper entry. Mr. Mitchell, among other things in the course of his representation to Council, acknow- ledged, That the blot in his Memorandum book of the 30th of Octo- ber, 1778, was done by his order, to conceal a Memorandum entered by his Clerk, of that date, "of the return of Mr. Jordan's Bri- gade of Waggons from Egg Harbor, & that the obliteration was made after the charge against Gen'l Arnold.for having used the Public Waggons for his private business, had some to his (Mitchell's) knowledge."
Adjourned to 5 O'Clock, P. M.
The same day, P. M.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President. Joseph Hart, John Hambright, &
John Macky, - McLene,
Thomas Scott, Esq'rs.
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An Account of Col. Piper, Lieutenant of the County of Bedford, was laid before the Council.
Ordered, That the same be referred to a Committee of three, & that Mr. Bryan, Mr. Macky, & Mr. Scott, be the Committee.
Council took into consideration the return of persons elected in the Township of Makefield, in the County of Bucks, for Justices of the Peace, in which John Chapman & William Neely are re- turned ; & thereupon,
Ordered, That John Chapman be appointed & Commissioned to be a Justice of the Peace for the county of Bucks.
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The Council met.
3 PHILAD'A, Friday February 26, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
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