USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XII > Part 10
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69
97
SUPREME EXECUTIVE COUNCIL.
vation and experience; and while the Enemy is receiving reinforce- ments with the avowed purpose of desolating the Country, we deem it a Measure highly necessary your attention, as well as that of every Friend to the Freedom and Interests of the State.
The Generous resolutions of your Honourable House at the last Sessions, for the relief of the Army and the Fleet, and which we have Executed with our best Judgment and attention, have had the most happy effects in conciliating the affections and respect of those brave and valuable Men, and cementing a Friendship between the Civil and Military powers, highly honourable to both and beneficial to all. We wou'd recommend the Cloathing them with the sanc- tion of Law, as a Measure pleasing to them and perfectly conso- nant to the views of the House. We conceive nothing now re- mains on this subject but to make some early and suitable provi- sion as a reward for their Dangers, Sacrafices and Fatigues, to ena- ble them to return to civil Life, with honour and advantage, when their Military Services may be no longer Necessary, and we hope a mode may be devised for this purpose not oppressive er Burthen- some to the Farmer or Tradesman, and yet satisfactory to them .- The Honor reflected on the State by General Wayne and the Troops of the Pennsylvania Line, during this Campaign, wou'd have at- tracted our immediate acknowledgment, if the approach of your Sessions had not inclined us to wait your concurrence, that the Marks of our attention might be more proportionate to the service they have done, and the glory they have acquired.
We also, Gentlemen, most earnestly recommend to you to pro- ceed in the great business of the Proprietary estates, at least so far as to give the next Assembly an opportunity to put the finishing kand to this important and necessary work.
The experience of Mankind, the Practice of other Countries and Nations, the Sentiments of the Greatest Writers on Government, and even our own observation during this great Contest, in which the various principles which govern the Human Mind have been drawn forth into view and action, we think fully demonstrate that neither the Peace, Liberty or Safety of Pennsylvania, can be deem- ed secure, while this powerfull Interest attached in all its branches to the powers we have abjured and abandoned, is permitted to re- tain its full force and influence among us. At present the subject is disentangled from all other considerations of a Publick nature. Shou'd it, by delay, mingle itself with the Negotiations of a Gen- eral Peace, we may long Lament, and posterity will Justly blame our Indolenee or Timidity, which has lost the precious opportunity of rescuing this State from one of the appendages of its former Bondage, and placing it on the same equal Level of Liberty, inte- rest, tranquility, and Independence, with its Sister States. The Safety of the People is the Supreme and Pre-eminent Law and Bond of Society, and when, as in the present case, this can be se- VOL. XII .- 7.
98
MINUTES OF THE
cured consistent with the rights of Private Justice, we shou'd hold ourselves inexcusable if we did not express our Sentiments with Freedom, and assure you that the General expectation and voice of the People, so far as our knowledge extends, concurs with them.
The Constitution of this State, with a wisdom and foresight which does honor to its Framers, having considered the education of Youth as a matter of great importance to the interests of So- ciety, and order of Government; we have been led to an enquiry into the nature and Government of those Institutions which at pre- sent subsist. It is with concern we observe a general neglect of this great Duty, both in Town and Country, while the growing at- tention of other States invites the Youth from this, and must pro- duce effects equally repugnant to Publick benefit and private conve- nience.
The principal institution in this State, founded on the most free and Catholic principles, raised and cherished by the hand of Public Bounty, appears by its charter to have allied itself so closely to the Government of Britain, by making the allegiance of its Governors to that State a Pre-requisite to any official Act, that it might well have been presumed they wou'd have sought the aid of Govern- ment for an establishment consistent with the revolution, and con- formable to the great changes of Polocy and Government.
But whatever have been the Motives, we cannot think the good People of this State can or ought to rest satisfied, or the protection of Government be extended to an institution framed with such manifest attachment to the British Government, and conducted with a General inattention to the authority of the State.
The influence of a seat of learning upon the peace and good or- der of Government, have, we think, been too fully exemplified in the country from which we have seperated, to permit any well re- gulated State to neglect or overlook it.
How far there has been any deviation from the liberal ground of its first establishment, and a Pre-eminence given to some socie- ties, in prejudice to others equally Meritorious, the former enqui- ries of Your Honourable House will enable you to determine; for us, it is sufficient to declare, that as learning or science are of no party or sect, we wish to see them promoted on the most liberal. principles, giving to all denominations of Christians equal rights- and Priviledges.
As Corporations compose a species of Internal Government, in all great changes they have been considered as objects of Public attention and care, that their subordination, obedience, and support to the Supreme and Governing Powers of the State, might be se- cured and preserved. This is a Just and necessary Polocy we think, worthy of imitation, as the object of the Institution, whether Civil, Religious, or Charitable, may at the same time remain inviolate.
The Law for prohibiting the exportation of Provisions having expired on the first Instant, we thought proper to continue the Em-
99
SUPREME EXECUTIVE COUNCIL.
bargo untill the Twentieth of this Month, that in the Interval Your Honourable House might take this subject into consideration -a subject of very great importance to the commercial, as well as General Interest of the State.
The Public Highways, Gentlemen, will also require your care and attention ; the laws respecting them are expired by their own limitation, and the present Condition of the roads is too well known to make it necessary for us to enlarge upon the duty and propriety of making a suitable provision on this head.
We must also recommend to your consideration the officers of Government. However Generous or adequate the Provision for their support, when called forth by you or the People to the dis- charge of Public duty, you must be sensible that the accumulated prices of all the necessaries of life since that time must make their situation very distressing ; and that instead of " a reasonable com- pensation when called to Publick Service, to the prejudice of their private affairs," which the Constitution declares to be a right, they must lessen their private property, and sink into Poverty and dis- tress. As the People of this State have in every period exhibbitted a Noble and exemplary Generosity in support of Government, it cannot be doubted they will, in this case, answer every Just and reasonable expectation.
In Conformity to the Laws of this State, and your desire, we have proceeded to the sale of the Confiscated estates, and have the satisfaction to acquaint you that the sums arising therefrom are so considerable as to afford a great relief to the good People of the State from their Public Burthens ; and that the ship which, under your resolves, we fitted out for defence of the Trade of the State, has not only answered that important end, but has been so success- full as in a great Measure to Compensate the expense of the under- taking.
Our anxiety to perpetuate and extend the Blessings of Freedom, and enlarge the circle of humanity, Induce us to remind you of the Bill for emancipating the Children born of Negro and Mulatto Parents. We wish to see you give the compleat sanction of Law to this noble and generous purpose, and adorn the annals of Penn- sylvania with this bright display of Justice and publick Virtue.
Thus, Gentlemen, having laid before you a general state of our Publick affairs, nothing remains but to assure you of our cheerfull concurrence and assistance where requisite to facilitate and promote the discharge of Your Public Duties, and express our confidence in your Wisdom, Prudence, and dispatch.
JOSEPH REED, President.
The Papers accompanying, and referred to in the above Message, were then read, and ordered to lie on the Table for consideration.
A Letter was wrote to General Washington, in answer to his several favours of the Twenty-sixth and Thirty-first of August and Second of September.
100
MINUTES OF THE
A Petition from sundry Persons, Inhabitants of Cocolico Town- ship, Lancaster County, complaining of the conduct of the Quarter Masters, commissarys, &ca., at that post.
In answer to which, a letter was wrote, desiring them to state particular charges, and authenticate them by affidavit, &ca.
The Board resumed the consideration of the complaint against Doctor Potts, for misapplying the Publick Waggons ; whereupon, it was
Ordered, That a copy of the affidavit thereon be Transmitted to Doctor Potts, and that it be not laid before Congress untill the Doctor have an opportunity to make an answer to this Board, if he shall think proper so to do.
A Letter was receiv'd from Mr. Holker, and read, in answer to that sent him yesterday.
In Council.
PHILADELPHIA, Friday, September 10th, 1779. PRESENT :
His Excellency JOSEPH REED, Esquire, President. Honourable GEORGE BRYAN, Esquire, Vice President.
Mr. Hart, Mr. Read,
Mr. Hambright, and Colonel Smith.
A Letter from Colonel Caruthers, Lieutenant of Cumberland county, representing that he had receiv'd an Express from Colonel Hunter, Lieutenant of Northumberland, representing that the Mi- litia called forth on a late requisition of the Board of War, and now stationed in that County, were utterly destitute of ammuni- tion ; that upon application to the Commissary at Carlisle, they decline furnishing any without an order from the Board of War.
Resolved, That the above representation be sent to the Honour- able the Continental Board of War, and they be requested to send an order to Carlisle for the above order.
This being the day appointed for hearing the complaint against Colonel Stroud, and the parties attending, and producing sundry Papers, which were also read, the Council took the same into con- sideration ; whereupon,
Resolved, That the conduct of Colonel Stroud, in arraigning the authority of the Lieutenants, and the legality of their appoint- ments, is Highly disapproved of by this Board, it being their clear opinion, confirmed by the sentiments of all parts of the State, that the Assembly have a legal constitutional power to appoint Lieuten- ants, and that they ought to be respected accordingly.
Resolved, That disputes between officers appointed to promote the same service, and Especially one on which the safety and secu-
1
101
SUPREME EXECUTIVE COUNCIL.
rity of the People so much depend, is highly prejudicial to the Public Welfare; that, therefore, it be recommended to the parties now before the Board, to lay aside all animosities, and, in future, treat each other with kindness, and conduct the Publick business with Harmony.
Resolved, That in consideration of Colonel Stroud's good char- acter as an officer, his activity and zeal in the Publick Service, the Board think proper to pass over any farther proceedings herein.
In Council.
PHILADELPHIA, Saturday, Septem'r 11th, 1779. PRESENT :
His Excellency JOSEPH REED, Esquire, President.
Honourable GEORGE BRYAN, Esquire, Vice President.
Mr. Hart, Mr. Reed,
Mr. Hambright, and Colonel Smith.
A Letter from Colonel Beaty, respecting one Benjamin Wilson, a Lieutenant of the Flying Camp.
Resolved, That the Letter be forwarded to Colonel Klotz, of Lancaster county, with the opinion of the Board, that the said Wil- son does not appear to have been considered by the Enemy as a Prisoner, and that if he has excused himself as such from Militia or other duty, he ought to be called for his Fines, he having been at full liberty to act and take his share of duty.
A Letter from Doctor Potts was read, intimating his desire to have the complaint against him heard before the Board, when his Witnesses attend.
Resolved, That no farther proceeding be had upon said complaint untill he have time to prepare himself therefor.
A certificate from George Wall, agent of Bucks county, that he had receiv'd of Joseph Greer, five thousand and ninety pounds, in full of the purchase of a Tenement belonging to Jonathan Jones, confiscated to the State.
Ordered, That the same be filed.
A Petition from William Simpson, convicted of Felony, recom- mended by the Justices for the remission of his Fine, all the other parts of the sentence being complied with ; the record of the Judg- ment being also read.
Resolved, That the Fine be remitted.
Petitions from Mary Orpan, Hannah Evans, Kitty Hughes, and Margaret Lindsays, were read, praying leave to go to New York.
Resolved, That a pass be granted to Mary Orpan, she giving se- curity not to return. That the Petitions of the others be re- jected.
102
MINUTES OF THE
The Petition of James O'Bryan being again considered,
Resolved, That a pardon do Issue to the said James O'Bryan, and that the Sheriff do deliver him up to some officer of Colonel Proctor's Regiment, to be forwarded thereto.
Resolved, That the Fine of John Donnelly, whose case is men- tioned in a Minute of the Eighteenth of August, be remitted, and that the sheriff of the county be directed to deliver him up to the officer of the corps to which he belongs.
That this resolve be transmitted by the Secretary to Charles Hall, Esquire.
An order was drawn on the Treasurer in favour of Jonathan Dickenson Sergeant, Esquire, Attorney General of the Common- wealth of Pennsylvania, for the sum of two thousand pounds, for one year's salary, due the Third of September, instant.
An order was drawn on the Treasurer in favour of his Excel- lency the President, for the sum of five hundred pounds, in part of his salary, for which he is to account.
In Council.
PHILADELPHIA, Monday, Septem'r 13th, 1779. PRESENT : His Excellency JOSEPH REED, Esquire, President. Honourable GEORGE BRYAN, Esquire, Vice President, and Mr. Read, No Council.
In Council.
PHILADELPHIA, Tuesday, Septem'r 14th, 1779. PRESENT :
His Excellency JOSEPH REED, Esquire, President.
Honourable the Vice President.
Mr. Hart, Mr. Reed, Mr. Hambright, and Colonel Smith.
An order was drawn on the Treasurer in favour of the Honourable Francis Hopkinson, Esquire, for the sum of Seventy-six pounds, the amount of Caleb Lowne's account for cutting a seal for the Court of Admiralty.
103
SUPREME EXECUTIVE COUNCIL.
A Resolution of the Honourable House of General Assembly having been communicated to this Board, in the following words, to wit :
"IN GENERAL ASSEMBLY OF PENNSYLVANIA, "Tuesday the 14th of September, 1779.
"The Petition of Mr. Reynold Keen was read the second time, and being considered, it was thereupon,
"Ordered, That the said Reynold Keen have leave to bring in & bill for revesting such parts of his estate in him as were not sold before he surrendered himself to the Justices of the Supreme Court of this Commonwealth.
"Extract from the Minutes.
"JOHN MORRIS, Jun'r, "Clerk of the General Assembly."
Whereupon,
Resolved, That the Agents for Forfieted Estates be directed to delay the sale of the Estate of Reynold Keen untill the end of the present Session of Assembly, or other order of this Board.
A Letter from Colonel Jacob Shoemaker, Sub-Lieutenant of Northampton county, dated the Eighth Instant, was read, repre- senting that Three companies of the Fourth Battalion of Militia of that county refused to pay the Fines, on a pretence that they had answered their Tour of duty by hiring eighteen Men when called upon by the Lieutenants in July, one thousand seven hundred and seventy-eight, and claiming the said service as an exemption from duty.
Whereupon, the same being considered,
Resolved, That the Board doth disapprove and condemn the con- duct of the said delinquents, as being an evident Breach of the Mi- litia Law, and that it is the duty of the Lieutenant, Sub-Lieuten- ants, and other officers, to proceed to recover the Fines, notwith- standing the pretence before alledged.
Resolved, That the Sheriff of the county be directed and requi- red to give all necessary aid to the Lieutenant or Sub-Lieutenants in their duty, and that if he shall refuse or neglect to perform the duty enjoined him by Law, that immediate notice be given to this Board, with proof thereof.
Resolved, That previous to any farther compulsive Measures, the Sub-Lieutenant and Sheriff be directed to make these resolutions known to the several delinquents, set before them the consequen- ces of refusal, and recommend to them a Peaceable compliance with the Law.
Resolved, That the Chief Justice be directed and requested to call for a return of such Persons taken in Arms, and now Priso- ners in the State Prison, as are supposed to have been Inhabitants
104
MINUTES OF THE
and Owe allegiance to this State; that he make enquiry into their respective circumstances, and make report to this Board thereon, with his opinion and advice.
A Deed was signed to Richard Backhouse, for a Tract of land purchased in Bucks county, late the Estate of Joseph Galloway, the same being accompanied with a certificate from the Attorney General. Consideration, Twelve thousand eight hundred pounds.
A Certificate was presented to this Board, signed by Thomas Hale, of the receipt of Five thousand Pounds, the Purchase Mo- ney of a House and Lott, late belonging to Arthur Thomas.
Mr. Penet, a French Gentleman of Credit and interest, having proposed to supply this State with Arms upon the following Terms, . Vizt : Twenty-four Livers, or the value in current Money, for each Musket fitted with a Bayonet, to be paid on receiving the Bill of lading, or advice of their being shipped.
Resolved, That the President be authorized to agree with Mons- sieur Penet for Five thousand stand of Arms, on the above Terms.
In Council.
PHILADELPHIA, September 15th, 1779.
PRESENT :
His Excellency JOSEPH REED, Esquire, President.
Honourable GEORGE BRYAN, Esquire, Vice President.
Mr. Hart, Colonel Smith, and
Mr. Hambright, Mr. Mackey, (now returned from home.) An Application from Thomas Smith, Esquire, renewing the re- quest of Mr. Martin, the Sub-lieutenant, for Powder and Lead, was resumed ; and thereupon,
Ordered, That Four hundred Weight of Powder, and one thousand five hundred Weight of lead, be forwarded to Colonel Pi- per, Lieutenant of the county of Bedford, and that Colonel Mathew Smith be requested to forward the same.
Resolved, That Captain Joseph Stiles be directed to furnish Co- Ionel Smith, or his order, with the same, for the purpose of the above resolve.
The Petition of the Inhabitants of Penns Valley, being again read,
Resolved, First. That it is not in the Power of this Board to ex- empt the Petitioners, or any others, from duties enjoined by Law.
Secondly. That the request of the Petitioners is highly impro- per, dangerous to the Peace and comfort of their own Families, as the Militia is the only force that can be depended on for Safety against the Savages, and therefore, ought to be encouraged and pro- møted.
105
SUPREME EXECUTIVE COUNCIL.
Alexander Johnston, Esquire, of New Londen Township, having declined serving as a Justice of the Peace for Chester County, under a late election,
Resolved, That David Mackey, Esquire, the other Gentleman on the return, be Commissioned instead of the said Alexander John- ston, Esqr.
This being the day appointed for the attendance of Jonathan Lodge, Esquire, Sheriff of Northumberland County,
Resolved, That the Board will meet this afternoon at siz o'clock, to proceed on said business.
Adjourned to six o'clock in the afternoon.
The Council having met according to adjournment, and Jona- than Lodge, Esquire, High Sheriff of Northumberland County, being called on the Complaint against him for Mal-practice in his office, consisting of Gross negligence in permitting three Noto- rious Felons to escape after being repeatedly cautioned and warned of the danger thereof; Upon which the Sheriff made Sundry ex- cuses and withdrew; Whereupon,
The Authority of this Board being Considered, the Constitution and Laws of the State examined,
Resolved, That the opinion of the Chief Justice be taken herein, and the matter lie over for farther Consideration, and such a letter was wrote accordingly.
A Memorial from Mathew Clarkson, Esquire, Marshall of the Admiralty, was read, representing that he was opposed in the Exe- cution of his office by a Merchant in this City. Prize Goods taken away before Condemnation, and without any order, together with other irregularities, and praying the assistance and protection of Government; Whereupon,
Resolved, That a Writ of Assistance, Similar to that issued in aid of the Sheriff, do immediately issue to the Marshall, and that it be recommended to him to proceed with firmness and regularity in his office, it being of the utmost Importance that the Transac- tions of that Court, on which the Peace and Honour of the State and United States depend, shou'd be Conducted with the Utmost. regularity and order.
. .
106
MINUTES OF THE
In Council.
PHILADELPHIA, September 16th, 1779.
PRESENT :
His Excellency JOSEPH REED, Esquire, President.
Honourable GEORGE BRYAN, Esquire, Vice President.
Mr. Hart, Mr. Mackey,
Mr. Hambright, and Colonel Smith.
An order was drawn in favor of Colonel John Bull, on the Trea- surer, for the sum of Two thousand pounds, for the purpose of paying the Workmen employed in the necessary repairs of the Pre- sident's House, belonging to the State.
An order was drawn on the Treasurer in favor of Colonel Lewis Farmer, for the sum of Ninety thousand pounds, for purchasing Rum, Tea, Sugar, &c., for the use of the Troops of the Pennsyl- vania line, for which he is to account.
An application from the Navy Board for three hundred double- headed Shot for the Confederacy Frigate, was read ; Whereupon,
The President informed the Board that Mr Henry, Commis- sary of Naval Stores, had informed him there were but about Sixty or Seventy in the Store ; Whereupon,
Resolved, That the supply is so small that it wou'd be incon- venient to spare them; . otherwise the Council wou'd chearfully comply with their request.
Applications from the Reverend Colin M. Farquhar and Mrs. Elizabeth Burgin, to pass to New York, being read,
Resolved, That under the present circumstances of the times, the Consideration thereof be postponed for a few days.
A Representation having been made by Doctor Hutchinson and the officers of the Galleys, of the distressed Case of Mrs. Cathe- rine Reynolds, Widow of John Reynolds, late Lieutenant of the Franklin Galley, and praying that she may be permitted to draw rations for a limitted time, 'till her Children recover from the Small Pox, and she is in a Condition to help herself.
Resolved, That Mr. Crispin be authorized to Issue a single ra- tion, untill the first day of January next, or farther order of this Board.
A representation having been made by John Elliott and John Elliott, Junior, Attornies of Thomas Mackiness, lately Proscribed, and praying the Interposition of this Board; and the same being Considered, it appears that the said Thomas Mackiness, after leav- ing this City, returned to it while Possessed by the Enemy-fol- lowing Trade under their Government and protection ; that when he might have Stayed and availed himself of the benefits of this Government, and taken care of his Estate, he voluntarily went off
107
SUPREME EXECUTIVE COUNCIL.
with them; That he is now, or was lately, in New York, Trading in like manner under their Government, from all which Circum- stances his Enmity to the Independence and Government of this State appears too plainly to be doubted ; Wherefore,
Resolved, That the prayer of the said Petition cannot be complied. An Extract of a Letter from General Sullivan to Congress, Com- plaining of this Board in not Furnishing a Number of men by him Expected.
Resolved, That the said extract be farther Considered, in order to making a representation to Congress thereon.
Mr. William Turnbull laid before the Council Bills of Cloths and Trimmings, purchased by him at Baltimore, for the Officers' Cloathing, amounting to the sum of Fifty-Six thousand and twenty- seven pounds, Sixteen Shillings and four pence ; thereupon,
Ordered, That Mr. Turnbull be allowed one per centum com- mission on the said purchase ; and an order was drawn on the Trea- surer in favour of William Turnbull, for the sum of Fifty-six thousand five hundred and eighty eight pounds, one shilling and ten pence, for cloths and trimmings purchased by him for cloathing the Officers of this State in Continental Service, including a com- mission for this service of one @ centum on the purchase.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.