USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XII > Part 14
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An order was drawn on the Treasurer in favour of George Meade and Co., for the sum of sixteen thousand two hundred and seven pounds and ten shillings, the amount of the said, at Thirty pounds per Bushell.
David Solebury Franks, one of the Persons who were in the House of James Wilson, Esquire, on the fourth Instant,at the time of the riot there, appeared, and thereupon became bound to appear at the next Court of Oyer and Terminer and General Goal
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delivery, to be held for this County, there to answer, &c., himself in the sum of Two thousand pounds, and Cadwallader Morris and Doctor John Coates, each in the sum of one thousand pounds.
WHEREAS, It appears to this Council that the classes heretofore called out of several Battalions of Militia, in the county of Chester, hath occasioned some irregularities in the classes; therefore,
Ordered, 'That the Lieutenant of the county of Chester do now call into actual service the third class of the first, third and sixth Battalions, in addition to the three classes already called, under the same encouragements as are given to the three classes already called.
An application of the commissioners of Lancaster county, for procuring Flour, representing that they had fized upon Fifteen pounds per Bushell for Wheat, and Forty-two pounds per hundred for Flour, and also requesting an order for Money, was read and considered ; Whereupon,
Resolved, That an order issue to William Turnbull, Esquire, in behalf of the said commissioners, for one hundred thousand pounds, to be by him paid to Thomas Edwards, Esquire, for the above pur- poses. That Mr. Edwards do consult with Mr. Turnbull on the Price, and receive from him the current Prices in this city, which is to be the rule of purchase in Lancaster county, having regard to the transportation to this city, which it is reasonable shou'd be de- ducted from the country price, and which has been done in the other counties ; and an order was drawn on the Treasurer for the said sum of one hundred thousand pounds accordingly.
The situation of the Militia of Chester county under the present call, being considered, and it appearing that former orders given by this Board for holding themselves in readiness, or in cases where it may have happened that Marching orders were given, were now construed into a service and performance of duty.
Resolved, That the said construction is not warranted by Law, or the reason of the thing, but that a class warned, and even under orders to March, but not actually marching, is liable to perform its Tour of duty notwithstanding, and that the Lieutenant of Chester county do proceed upon this plan on the present occasion.
The Petition of Jeremiah Simmons and others being read,
Resolved, That the Petitioners coming into the State of Pennsyl- vania to Trade, and having broke bulk, they are liable laws and reg- ulations of the State, and that their pretence of receiving an ad- vance, under the law against Monopoly, is not founded on the spi- rit or Terms of the said law, but wou'd, if admitted, be a violation thereof; That, therefore, the Agents for procuring salt do certify to this Board the quantity by them taken, in order that payment may be made to them at the same rate as the other importers, vizt : Thirty Pounds per bushell.
The Memorial of Thomas Guion, Captain of the Mermaid, being read,
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SUPREME EXECUTIVE COUNCIL.
Resolved, As the final determination of the Board therein, that the said Captain Guion having imported a quantity of salt into this State, which it has become necessary to appropriate to the Publick use, he be paid therefor at the same rate which the other importers and holders of salt have agreed to receive, vizt : Thirty pounds per Bushell. That as further encouragment to him and adventurers to bring salt to this port, he be permitted to export three hundred barrells'of Flour, Beef, Bread or Hams, in such proportion of each as he may think proper, the embargo notwithstanding; and that Captain Guion do make a fair and regular entry, upon oath, at the of the Cargo exported, and also give bond with security, that the said Flour, or other provisions, shall not be land- ed in any port or place within the Dominions of the King of Great Britain, and that he have liberty to depart this port as soon as he thinks proper.
Mr. Thompson, a Member of this Board, having represented that a Number of persons of Public spirit and well affected to the State, had in compliance with a recommendation of this Council, supplied thirty-three barrells of Flour at a sum not more than one- half of the present price, that expectations were then given of salt being issued as part consideration of the Flour, and it is now pray- ed that a Quantity of salt proportionate to the said thirty three barrells agreeable to the resolves of Assembly, be issued.
Resolved, That the same be complied with, and an order issue to the Agents of Salt to deliver Mr. Thompson, or his order, sixteen bushells and an half of salt, the same to be issued in the country, in such manner as will best relieve the necessities of the people, and having a special regard to those Persons who furnished the Flour.
That the salt be delivered out at the rate of thirty-three pounds per Bushell, being the cost to the State and incidental charges, and that Mr. Thompson do account for the said Money.
An application being made to this Board for one hundred Wag- gons, to remove the Baggage of the Army which has been on the Western expedition,
Resolved, That a Warrant issue to the Waggon Master of North- ampton County, to furnish Sixty Waggons, and to the Waggon Master of Berks, to furnish Forty Waggons, for the above service. But that it be recommended to General Sullivan to endeavour to procure the said Waggons by voluntary service, which this Board hope and believe may be done, as the Wages are now raised to Ten pounds per day.
Resolved, That .the Lieutenant of the City of Philadelphia do call forth another company of artillery, to proceed on the proposed expedition.
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In Council.
Friday, October 22d, 1779.
PRESENT :
His Excellency JOSEPH REED, Esquire, President. Honourable Mr. SMITH, Vice President.
Mr. Moore, Mr. Read,
Mr. Arndt, and Mr. Hambright.
Staats Lawrence, apprenticed with James Wilson, Esquire, and in his House on the fourth of October Instant, at the time of the riot there, appeared, and he being under age, Doctor Thomas Bond, Junior, and Alexander Nesbitt, became bound for his appearance at the next Court of Oyer and Terminer and General Goal delivery to be held for the City and County of Philadelphia, there to answer, &c., each in the sum of two thousand pounds.
Colonel Blaine, Assistant Commissary General, attended in Coun- cil, and requested that the Flour now in the hands of Mr. William Turnbull be delivered to him for the use of the Continent. And the same was ordered accordingly.
Honourable James Searle, Esquire, attended in Council, and informed that the determination of Congress on the case of the Sloop Active being moved for this day, he had obtain'd a delay of that business untill Monday week next.
An order was drawn on the Treasurer in favour of Colonel Lewis Farmer, for the sum of Fifty thousand pounds, for purchasing the enumerated articles for the use of the Troops of the Pensylvania line, for which he is to account.
The Petition and remonstrance of Robert Harris being read and considered,
Resolved, The regulations entered into respecting Salt having been made by the authority of the State, and founded on Publick necessity, cannot be dispensed with in particular cases, without great inconvenience and prejudice to the State and the General Interests.
Application having also been made respecting a quantity of Salt which had been brought into this State by Mr. Harris, and which the agents have, agreeable to orders, taken into their possession, and the request of Mr. Harris to have the same re-delivered to him, that He may procced therewith to Trenton, in New Jersey,
Resolved, That a compliance therewith will subject the Board to the imputation of partiality, and will be a Breach of the Plan laid down, and from which they have not deviated.
WHEREAS, The Militia of this State, called forth by the resolu- tion of Congress, and the Special requisition of General Washing- ton, will require equipment and supply of sundry articles, which the State Store Cannot furnish.
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SUPREME EXECUTIVE COUNCIL.
Resolved, therefore, That Captain Stiles be authorised to address himself to the Honourable the Continental Board of War, for such articles as are absolutely necessary for the use of the Militia, and this receipt shall be deemed sufficient against the State.
In Council.
PHILAD'A, Saturday, October 23d, 1779. PRESENT :
His Excellency JOSEPH REED, Esquire, President. Honourable Mr. SMITH, Vice President.
Mr. Moore, Mr. Read,
Mr. Arndt, and Mr. Hambright.
An order was drawn on the Treasurer in favour of the Honoura- ble Thomas M'Kean, Esquire, or his order, for the sum of one thousand pounds, on account of his Salary as Chief Justice.
A representation being now made that Peter Miller, confined in the Goal of this City on a charge Missprisione of Treason, is in a . state of health which renders his confinement dangerous to his life; Thereupon,
Ordered, That the said Peter Miller be enlarged on Bail.
An order was drawn on the Treasurer in favour of James Long- head, pay Master of Militia for Philadelphia, or his order, for the sum of six thousand pounds, to pay the Militia, now return'd from their Tour of duty, the same to be charged to his account.
Colonel Gressel, of the Continental Army, who was in the House of James Wilson, Esquire, on the fourth of October instant, at the time of the riot there, attended, and it appearing that he had used his influence to prevent Bloodshed, and had no intention of taking part on either side, He was dismissed, with a request that he will attend as an evidence, if he shall be called upon.
A Letter from the Honourable Samuel Huntingdon, Esquire, President of Congress, was read, enclosing a resolution of Con- gress of the Twentyeth instant, recommending a Fast on Thursday, the ninth of December next, which was also read.
A return of the General Election for the County of York being now read, it appears that the following named Persons were elected, wizt:
Representatives .- James Leeper, James Dixon, David Dun- woody, Matkew Dill, John Hay, John Orr, David Kennedy, and Henry Slagle.
Sheriffs .- William Rowan and William Scott.
Coroners .- Joseph Adlem and David Cantler.
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Commissioner .- John Sample.
Assessors .- John Ehrman, Lewis Williams, Reinhard Bott, Ber- .
nard Zigler, William Adams, and David Wilson.
On Consideration,
Ordered, That Doctor David Jackson be appointed Quarter Mas- ter of the Militia now called into the field.
Ordered, That the Workmen now employed at Billingsport and Mud Island be discharged as soon as the Works erected are so far completed as to be secured from the Weather.
On Consideration,
Ordered, That Charles Pryor, James Hunter, Junior, John Wilson, Robert Hunter, David McCulloch, and Anthony Cuthbert, be added to the Commissioners appointed to procure Salt, and that they act in Conjunction with the Commissioners already appointed by this Board.
An order was drawn on the Treasurer in favour of the Honourable Mathew Smith, Esquire, Vice President, for the sum of Two thou- sand one hundred and twelve Dollars, for his attendance in Council to this day, Vizt :
Twelve dollars advance on 29 days, ending June 12th last, 348 doll'rs.
Attendance from Septem'r Ist to October 11th, 41 days, at 20 dollars, 820 From 11th of October to this day as Vice President,. 12 days, at £10,000 per annum, -
8763.
Mileage on. 101 miles, at 5$2, 673 -
Equal to £792 .. 2,112 dollars.
The Judges of the Election of Chatham district, in the county of Chester, having now made a regular return of the said Election,, and the return from Red Lyon and Chester districts being also laid before the Board, together with the special return made by the Judges of the whole Election, dated the fourteenth day of Octo- ber, from which it appears that Joseph Gardner, Esquire, had a majority of votes-as- a Member of this Board, and the informality mentioned in Minute of this Board of sixteenth day of October, instant, being considered,
Resolved, That this Board being now possessed of the Meritts and Justice of the Election, the irregularity of the returning offi- cer ought not to prejudice the rights of the Electors or the Elect- ed; but that this Board being Judges in the last resort, ought to do compleate Justice without delay ; and that the said resolution is. warranted. by Practice and usage in like cases ..
Whereupon,
Joseph Gardner, Esquire, attending, was called in, Qualified ac- cording to law, and took his seat accordingly, as Councellor for the said county of Chester.
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SUPREME EXECUTIVE COUNCIL
In Council.
PHILADELPHIA, Monday, October 25th, 1779.
PRESENT :
His Excellency JOSEPH REED, Esquire, President.
Honourable Mr. Moore,
Mr. Ardnt, and
Mr. Read, Mr. Gardner,
Mr. Hambright.
A return of the General Election for the county of Bedford be- ing now made, the same was read ; and it appears that the follow- ing Gentlemen were elected, Vizt :
Representatives .- John Burd and Joseph Powell.
Sheriffs .- John Cesna and James Anderson.
Coroners .- John Wilt and Abraham Miley.
Commissioner .- Allen Rose.
Assessors .- James Little, Samuel Moore, John Todd, Robert Galbraith, Thomas Ferguson, and Jacob Hendershit.
And a return was also made of a Councellor chosen at the said Election, but the Honourable Mr. Urie, duly Elected and sworn into the Council, not having resigned his seat, the said return can- not be receiv"d.
On consideration,
Resolved, That John Cesna be appointed and commissioned to be Sheriff of the county of Bedford.
John Cesna, Esquire, now offers Robert Brachey, Abraham Mi- ley, and John Wilt, as sureties for the faithfull performance of his. office as Sheriff of the county of Bedford. And the same, or any two of them, are approved of by this Board.
A letter from Captain Cluggage, dated 10th instant.
The Memorial of Captain Getshens, late commander of the Im- pertinent, Privateer, of New York, and now a prisoner in the Goal of this city, praying to be exchanged, &c., was read ; and on con- sideration that the said Getshens was an Inhabitant of this State, the same was dismissed.
A Letter from President of Congress, enclosing resolves of Con- gress of Twenty-second and twenty-third Instant.
In Congress, October 22nd, 1779.
A Letter of 21st, from the President and Supreme Executive Council of the State of Pensylvania, was read.
Ordered, That it be referred to the Marine committee, and that they take order and report to Congress.
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In Congress, 23d, 1779.
The Marine committee, to whom was referred the letter of the Twenty-first, from the President and Supreme Executive Council of Pensylvania, report, that they have Written a letter to Captain Harding, of the Confederacy, reciting that they have receiv'd infor- mation that he has lately impressed on Board the said Frigate sev- eral seamen, Citizens of this State, who have left Families in this City in a distressed situation, and ordering him, if this be true, to discharge them immediately.
Extract from the Minutes.
CHARLES THOMPSON, Secretary.
The Honourable Mathew Smith, Esquire, Vice President, sent in a resignation of his said office of Vice President, in the follow- ing Words, to wit :
" I, Mathew Smith, having for some time past enjoyed the office " of Vice President of the Supreme Executive Council of the Com- " monwealth of Pennsylvania, Do, on this Twenty-third day of Oc- "tober, in the year of our Lord one thousand seven hundred and " seventy nine, resign the said office of Vice President.
"Witness my hand.
" MATHEW SMITH."
Philadelphia, October 23d, 1779.
And the said resignation is now accepted.
The Petition of divers Inhabitants of Dunning's Creek, in the county of Bedford, praying redress of some Grievances from the Sub Lieutenant, was read, and referred for further consideration.
In Council.
PHILAD'A, Tuesday, October 26th, 1779.
PRESENT :
His Excellency JOSEPH REED, Esquire, President.
Mr. Gardner, Mr. Arndt, and
Mr. Reed, Mr. Hambright.
William Henry, Esquire, of the Borrough of Lancaster, attend- ed in Council, and presented an order of Congress, in the follow- ing Words, Vizt :
" October 23d, 1779.
" 100,000 dollars.
"Gentlemen, Please to pay to James Wilkinson, Esquire, Cloa- "thier General, or his order, the sum of one hundred thousand dol-
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SUPREME EXECUTIVE COUNCIL.
"lars, advanced to him on his application, countersigned by the " Board of War, for the use of the hide department, and for which " sum he is to be accountable, and charge the same to the United " States, in discharge of a part of the sum lent by Congress to the "State of Pensylvania, on the Ninth of April last."
" By order of Congress.
"SAMUEL HUNTINGTON, President. "Exam'd .- C. T.
" To the Supreme Executive Council of the State of Pensylvania."
" Under Written in these words, to wit : Entered in the Treasury " Office, the 23d October, 1779.
"JOSEPH NOURSE, A. A. G."
And endorsed on the back thereof with the following words, to wit : " Please to pay the within to William Henry.
"JAMES WILKINSON, Clo. General."
On Consideration,
Resolved, That the said order of Congress be accepted; and there- upon acceptance was endorsed by his Excellency the President, on the said draft.
It appearing to the Council that the State of the health of Peter Miller, of this City, Scriviner, now in the Goal of this City, re- quires his enlargement, Francis C. Hassenclever and Samuel Gar- rigues, Jun'r, became bound to this Commonwealth of Pennsyl- vania, each in the sum of Twenty-five thousand pounds, Condi- tioned that the said Peter Miller shall be and appear at the next Court of Oyer and Terminer and General Goal delivery, to be held for the City and County of Philadelphia, there to answer such charges as shall be brought against him, and not depart the Court without leave.
On Consideration,
Ordered, That Thomas Cuthbert, Senior, and Thomas Briton, be added to the Commissioners appointed to procure salt, and that they act in conjunction with those already appointed.
Petition of Mary Flood, a Prisoner now in the Goal of this City, praying remission of her ffine, and her case being recommended by the Justices, &c., being read, the same was granted.
The Petition of George Harding, now in the Goal of this City, under sentence 'of death, praying a pardon, was read; and there- upon,
Ordered, That a reprieve be issued for George Harding untill further order, and that the Sheriff be directed to permit him to go out of Prison untill further orders.
An order was drawn on the Treasurer in favour of Colonel John Bull, for the sum of Two thousand pounds, for paying the Work- men employed at the President's House, for which he is to account.
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An order was drawn on the Treasurer in favor of Major William Armstrong, for the sum of Eight thousand pounds, for paying the Workmen employed at the Fortifications at Mud Island and Bil- lingsport, for which he is to account.
In Council.
PHILADELPHIA, Wednesday, October 27th, 1779.
PRESENT :
His Excellency JOSEPH REED, Esquire, President.
Honourable Mr. Gardner, Mr. Moore,
Mr. Read, and Mr. Hambright.
John Lacey, Junior, Esquire, Councellor-elect for the County of Bucks, attended in Council, and took the oaths required by the . Constitution, and thereupon took his seat in the Council as Coun- cellor for the said County of Bucks.
Petition of Catherine Fritz, praying permission to go into New York to her Husband, was read, and the same was granted, on con- dition of her giving security for her and her children not returning without leave, &c.
Petitione of Francis Nelson, Indicted for Misprision of Treason, praying to be permitted to go to New York, was read, and referred for further consideration.
On Consideration,
Resolved, That John Miller, Esquire, be appointed and com- missioned to be a Justice of the City Court of Philadelphia.
The Cruise of the ship General Greene, Captain Montgomery, being expired, and she now returned into port, and the season of the year being come in which a vessel of her make is not able to keep the seas on our Coast, and the expence of continuing her in Service being very great,
On Consideration,
Ordered, That the Agents of the Ship General Greene, be di- rected to sell her at Public sale, together with her Tackle, apparel and guns, reserving the small Arms and Ammunition for the use of the State; and that the said Agents be directed, as soon as may be, to exhibitt to the Council the state of their accounts with the Commonwealth.
On Consideration,
Resolved, That David Mackey be appointed and commissioned to be Sheriff of the County of Chester, and that David Denny be appointed and commissioned to be Coroner of the said County of Chester.
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SUPREME EXECUTIVE COUNCIL.
David Mackey proposes John Mackey, Esqr., and Doctor Gard- ner, as sureties for the faithfull performance of his office of Sheriff vof the County of Chester; and the same are approved of.
An application from Captain Thomas Guion, for permission to retain some. salt for the purpose of curing his provisions, and a few Barrells of Beef, as part of his Cargo, being read,
Ordered, That the Agents for procuring of salt be directed to permit Captain Guion to retain Thirty-five Bushells of salt for the said purposes.
The Board taking into Consideration the pernicious tendency of Vendues, which are frequently held in open Violation of the laws of the State,
Resolved, First, That Effectual Measures be taken to enforce the Laws on this head.
Secondly, That the advertisements published therefor, enable the delinquents to break the Laws, and are indecent in themselves, as holding forth to the World a neglect or contempt of Publick authority .; therefore, the several Printers in this City be informed of the sense of this Board therein, and that in future the Printing and publishing advertisements in News Papers, hand bills or other- erwise, of the sale of Goods and Merchandize, or any other articles by way of Vendue, (other than ships, Prize Goods, lands and Tene- ments, personal property of deceased persons, or the effects of Per- sons leaving the State, in which the Names of such persons shall be mentioned,) will be considered as derogatory to the interests of the State; and if persisted in, will induce this Board to recommend to the Honourable House of Assembly the passing a Law, with se- were penalties, against such practices.
Thirdly. Resolved, That a copy of the above be sent to each Printer in this city.
Information having been given to this Board that there is great reason to believe quantities of Flour are smuggled out of this State, notwithstanding the embargo and the Publick necessities.
Resolved, Therefore, that the Naval officer be directed to make due enquiry herein, and use all possible diligence to prevent such practices. That if his present state of health is such as does not admit his personal exertions, he appoint a suitable active deputy, and take such farther measures herein as he shall Judge most ef- fectual, representing to this Board the necessity of any farther as- sistance or aid, either from the Gallies or otherwise, if such neces- sity shou'd appear.
Solomon Bush, Esquire, having been duly appointed deputy Ad- jutant General of this State in July, one thousand seven hundred and seventy seven, when great numbers of Militia were called out, in aid of the Continental Army, and the rank of Lieutenant Colo- nel having been annexed to that office,
Resolved, That he be recommended to the Honourable the Board. of War for pay and rations accordingly ..
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An application of William Allen, Esquire, to postpone the sale of a certain tract of Land in Berks county, called the Big Spring, seized as the property of Andrew Allen, was read and considered ; Whereupon,
Resolved, That upon the rule adopted in like cases. being com- plied with in this, vizt : The Petitioner's stating the facts in his application, by affidavit, the Secretary write to the Agents of Berks county to adjourn the said sale 'till after the next Supreme Court.
The Commissioners for procuring salt having acquainted this Board that they met with many difficulties in the Execution of the said service, and that they apprehend great quantities of salt and Flour are concealed or smuggled out of the city ; that a pernicious Barter is carried on, and that there are complaints with respect to the price, and requesting the advice and support of the Board.
Resolved, That this board have a proper sense of the services and exertions of the above Gentlemen, and are determined to sup- port them therein. That a Publication will appear in a few days. on the subject, from which the Board hope for beneficial effects, and that the commissioners be desired, in case the practices com- plained of cannot be otherwise prevented, to apply to this Board for farther assistance, which will be granted by calling on the Mi- litia for guards at the Wharves and other places where it is sus- pected Flour and Salt are clandestinely concealed or conveyed away, and that an order issue in favour of the said commissioners for Fifty thousand pounds, the remainder to be issued when Mr. Rittenhous's and Mr. Holker's return will enable the Board to give a farther draught without Inconvenience.
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