USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XII > Part 19
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A Letter from his Excellency the President of Congress, in- closing two resolutions of that Body, dated the Eleventh day of December instant, the one for procuring Supplies for the Army, by which a requisition is made on this State for Fifty thousand Barrells of Flour, to be furnished by the first of April next.
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The other a resolution for appointing the Honourable Mr. Sher- man, Mr. Allery and Mr. Levingston, a Committee to confer with ยท the Board, in order to carrying the said resolution into effect ; Whereupon,
Resolved, That the President be directed to inform the said Com- mittee, and the said Letter was wrote accordingly
A Letter was also read from Robert Troup, Esquire, Secretary of the Treasury Board, enclosing a resolution of Congress of the Seventh of October last, directing the Treasurers of the several States to transmit, on the first day of every Month, returns of the sums they have respectively receiv'd. for supplying the Conti- mental Treasury, that the Monies mentioned therein may be credi- ted from the respective dates of the returns, and the same entered on the Journals of Congress; Whereupon,
Resolved, That the Treasurer of this State be directed to make such returns thro' the Medium of this Board, and a Copy of this resolution transmitted to him for his information.
A Letter from Colonel McCallister, of York Town, was read, re- questing an order for the Ballance of his account.
Resolved, That the President acquaint him that this Board can- not settle his account, that being the Province of the Assembly, or those whom they appoint, and that no orders similar to the above have ever been requested, the Fines of delinquents having in the other Counties not only borne the Expence of the officers of the Militia, but produced an overplus for the Treasury.
A return of an election of Justices of the Peace for Rye Town- ship, in the County of Cumberland, having been made, by which it appears that David English, Junior, had Forty-one Votes, and Samuel Graham had thirteen Votes; thereupon,
Ordered, That David English be commissioned for said office.
In Council.
PHILAD'A, Tuesday, December 14th, 1779. PRESENT :
IIis Excellency the President.
Honor'e the Vice President.
Mr. Lacey, Mr. Gardner, Mr. Smith,
Mr. Read, and
Mr. Hambright.
A Letter from the Honourable Board of War, dated December the thirteenth, 1779, was read. Also a letter from the Honoura- ble Mr. Scott, dated the Twenty-ninth day of November last.
Mrs. Elizabeth Bergen was Examined concerning two Trunks of Goods, say'd to have come from New York to Elizabeth Town.
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SUPREME EXECUTIVE COUNCIL.
A Warrant was issued for arresting Captain Clunn, and he was brought before the Council and examined. David Franks being sent for, was also examined.
WHEREAS, Information hath been made on Oath, that sundry persons of disaffected character, have lately been to the Enemies lines, and have held intercourse with divers persons from New York, and there is great reason to believe very illegal practices, and such as are dangerous to the Interest and Liberties of America, have been carried on, and especially in the Transportation of Effects of an unknown Nature. And it appearing, by sundry ex- aminations taken in divers parts of this State, that Quantities of Counterfeit Money are brought into these States, thro' the lines of the Enemy, as well as Merchandize, the Manufacture of Great Britain, contrary to the laws of this State; And Jane White, the Wife of Robert White, an attainted Traytor, belonging to this State, being charged with the above practices,
Resolved, That the Sheriff of Philadelphia, by himself or his proper officers, do proceed to Search the House of the said Jane White, and seize any such unlawfull articles, and also all Papers or other Writings of a Treasonable Nature, which may be there found, and report his proceedings therein to this Board, for which this resolve shall be his Sufficient Warrant.
The Decree of the Supreme Court in favour of Valentine Sham- bough, against the Estate of Richard Swanwick, for the sum of twenty-seven pounds fourteen shillings and two pence debt, and seventeen pounds fourteen shillings costs, being read; thereupon,
An order was drawn on the Treasurer in favour of the said Val- entine Shambough, for the sum of Forty-five pounds eight shillings and two pence, agreeable to the said Decree, (Note,) draft made upon the same Sheet as the decree of the Court is written upon.
WHEREAS, John Clunn, late of the State of New York, Shal- lopman, having been charged with having been concerned in Ille- gal practices, in bringing Merchandize, the Manufacture of Great Britain, and other effects, unknown to this Board, from the City of New York into this State, and being examined thereupon before this Council, and not giving a satisfactory account of his conduct therein,
Ordered, That he be committed to the Goal of the City and County of Philadelphia, there to remain untill farther order of this Board, or otherwise delivered, according to due course of Law.
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In Council.
PHILADELPHIA, Wednesday, December 15th, 1779.
PRESENT :
His Excellency JOSEPH REED, Esquire, President.
Honourable WILLIAM MOORE, Esquire, Vice President.
Mr. Lacey, Colonel Smith, Mr. Thompson,
Mr. Hambright, Mr. Read.
Application having been made to this Board by the Sub-Lieu- tenants of Philadelphia County, for direction touching the payments of the Bounties under the late call of Militia, on the thirteenth of October last, and the same being considered,
Resolved, That such Militia Officers and Men as turned out on that occasion, are entitled to receive in the whole thirty pounds- that is to say, Twenty pounds in hand, and ten pounds at the expi- ration of the time, with the usual pay for two months, the inter- vening Twenty pounds being only payable to the Family in case of absence of the Militia Man, which has not been necessary ; and that the three Months Men be paid on the like principle.
The Petition of Benjamin Soden, convicted of Larceny, and ad- judged to pay a fine of two hundred and ten pounds to the use of the State, was read, setting forth that he is unable to pay the said fine, and praying remission of the same.
Ordered, That the same be remitted.
In Council.
PHILADELPHIA, Thursd'y, December 16th, 1779.
PRESENT :
His Excellency JOSEPH REED, Esq'r, President.
Honourable Colonel Smith, Mr. Read, and
Mr. Thompson, Mr. Lacey.
An order was drawn on the Treasurer in favour of the Honoura- ble George Bryan, Esquirc, late Vice President of Pensylvania, for the sum of Five hundred pounds, in part of his Salary as Vice President for the Year 1779, for which he is to account.
A Letter from the Honourable Samuel Huntingdon, Esquire, President of Congress, dated the fourteenth Inst. enclosing a resolve of Congress of the same date, respecting demands for provisions, was rcad.
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SUPREME EXECUTIVE COUNCIL.
Petition of Mary Jones and Samuel Kenny was read, and referred to the Attorney General.
Petition of Richard Goodall, Thomas Danks, and Williamson, stiling themselves languishing Prisoners, confined in York Town Goal, was read, together with a recommendation of the Petitioners, signed by Archibald M'Clean, William Scott and David Jameson, Esquires, and a record of the Conviction of each of the said Peti- tioners.
On consideration,
Ordered, That the fine adjudged by the Court of General quar- ter Sessions of the peace, &c., of the County of York, to be paid by Richard Goodall, be remitted ; That the fine adjudged by the said Court, to be paid by 'Thomas Danks, be also remitted.
And that the case of Thomas Williamson be referred for further consideration.
A Letter from George Stephenson, Esquire, of Carlisle, dated November the Nineteenth, 1779, directed to the Secretary, was read.
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In Council.
PHILADELP'A, Friday, December 17th, 1779.
PRESENT :
His Excellency JOSEPH REED, Esq'r, President.
Honourable Mr. Read, Mr. Lacey, and
Mr. Gardner, Mr. Thompson,
Mr. Smith.
A Letter from the Honourable Samuel Huntingdon, Esquire, President of Congress, dated the fifteenth day of December in- stant, inclosing a resolve of Congress of the same date, respecting embargoes.
The following Deeds having been examined, and Certificates of . the payment of the consideration thereof, the same were ordered to be executed :
Deed to John Sternfield, conveying a three story Brick Messuage or Tenement, Kitchen and lott of Ground, situate in the Northern Liberties, late the Estate of Arthur Thomas, forfieted to the use of the State, containing in Front on Second street fifteen feet and one half, and in depth sixty feet; Bound by Second street on the West, North by ground of George Streaper, East by Frederick Kitchemer, and South by the Widow Thomas, subject to a ground rent of one pound twelve shillings per annum, payable to Edmund Physick, Esquire; the sum of five thousand pounds, consideration
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Money, having been paid to Thomas Hale, Agent for Philadelphia County. Decd dated the twenty-seventh day of August last.
Deed to Thomas Britton, conveying a lott of ground situate in the Northern Liberties, late the Estate of Thomas Shoemaker, for- fieted to the use of the State, situate between Front and Water streets, containing in Breadth twenty feet, and in depth forty feet; Bounded North by said Thomas Britton, East by Water street, South by a vacant lott late the Proprietaries, and West by Front street, the sum of six hundred and sixty pounds, consideration Money, having been paid to Thomas Heale, Agent for Philadelphia County. Deed dated the twenty-second day of October last.
In Council.
PHILADELPHIA, Saturday, Dec'r 18th, 1779. PRESENT :
His Excellency JOSEPH REED, Esq'r, President.
Honourable, the Vice President.
Colonel Smith, General Lacey,
Mr. Thompson, and Mr. Hambright.
The Petition of William Mackey, Captain in the Ninth Pensyl- vania Regiment, being read and considered,
Resolved, That the Petitioner be informed that provision has hitherto been made by Congress for supplying Cloathing and other necessarys, to such officers as are Prisoners with the Enemy, and that as this State pays its proportion of those expences for officers of other States, it is reasonable that the officers of this State shou'd draw in the like manner, and it cannot be doubted but the Com- missary of Prisoners will do Justice to the Petitioner in this re- spect.
The Attorney General having made a report in the case of Mary Jones and Samuel Kenney, by which it appears that it wou'd not be proper to grant the prayer of the petition,
Resolved, That the same be dismissed.
The Council again took into their consideration the state of the Schuylkill Bridge; thereupon,
Resolved, That General Lacey and Captain Hambright, be a committee to employ a suitable person to take care of the Schuyl- kill Bridge, and to procure Boats and ropes for the Ferry, untill the season of the year will permit the replacing the said Bridge.
An order was drawn on the Treasurer in favour of Mr. William Turnbull, or his order, for the sum of Four thousand eight hun- dred and ninety-nine pounds and fifteen shillings, for the purpose of paying the Commissioners appointed to purchase Flour for the use of the State, for which he is to account.
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SUPREME EXECUTIVE COUNCIL.
An order was drawn on the Treasurer in favour of Phillip Mar- steller, Esquire, or his order, for the sum of five thousand two hundred pounds, for paying the Militia of the County of Lancas- ter, for which he is to account.
In Council.
PHILAD'A, Monday, December 20th, 1779. PRESENT :
His Excellency JOSEPH REED, Esquire, President. Honourable the Vice President.
Mr. Gardner, Mr. Lacey, Mr. Read,
Mr. Thompson, and Mr. Hambright.
A Letter from his Excellency General Washington, dated the sixteenth of December, instant, on the alarming situation of the Army for want of a supply of provisions, was read ; And a Copy thereof transmitted to the Committee of Congress.
Adjourned to six o'clock in the Evening.
Council met pursuant to adjournment.
The Committee of Congress attended in Council according to appointment. Several hours were spent in Conference, on the state of the Army and supply of provisions, as well as the state of pub- lick credit, and a proposition was made by them, that the Taxes shou'd in the present necessity for money, be anticipated by Con- gress, drawing negotiable notes for money on the State Treasurer, which being accepted by him, wou'd become current in the Coun- try ; and it was proposed to the consideration of this Board, whether it wou'd not be best for them to make an application of that nature to Congress, which the Council took into farther consideration.
The Committee then withdrew, and the Board proceeded to de liberate on the most effectual mode of obtaining an immediate supply ; Whereupon,
Resolved, That Letters be immediately wrote to sundry mer- chants in this City, requesting their attendance to-Morrow at ten o'clock, in order to obtain information of the probability of pro- curing immediate supplies in the City.
Letters were accordingly wrote to Messieurs William Turnbull, Blair McClenaghan, Levi Hollingsworth and Captain Allibone.
John Clunn, detain'd in Prison by order of this Board, having on the preceeding day produced some Witnesses tending to prove
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that he had not brought down the Trunks complained of; it was directed that he be enlarged on giving security, Piunket Fleeson, Esquire, that he wou'd not depart the City without leave of this Board; which was accordingly taken, and the said Clunn enlarged.
In Council.
PHILADELP'A, Tuesday, December 21st, 1779.
PRESENT :
As Yesterday.
A Letter from his Excellency General Washington, dated the twenty-second day of November, directing a dismission of the. Mili- tia called for next morning, and thanking the State for its readiness and Zeal.
The several Gentlemen whose attendance was requested, having met, and sundry questions proposed, it appears that some consid- erable supplies may be attained within the City; Whereupon, a letter was wrote to the Committee of Congress, giving a detail of the proceedings, and assuring them of the aid of this Board to their Commissaries, or other persons employed.
Complaint having been made of great irregularities at the Bar- racks, and destruction of the Buildings; and also, that there is dan- ger of Bloodshed from the disputes between the Soldiers and the Neighbouring Inhabitants, and that the same are owing to the ne- glect of the proper Officers providing wood; the attendance of one of the delegates was requested, and the same was communicated, that measures may be taken for relief and prevention of further mischief.
The President communicated a Note sent by the Attorney Gen- eral, informing that one Philip McDade had died intestate, without any known Heirs or relations, leaving a real and personal estate in Southwark, near the China Manufactory, which may be an Es- cheat ; the Prothonotary of the County also communicated infor- mation of a House and lott at Germantown, conveyed by Sheriff's deed some time ago, to Charles & Alexander Stedman, which last is proscribed by the State; Whereupon, the said Memorandums were delivered to Doctor Gardner, to be put into the Hands of Mr. Hale, one of the Agents for forfieted Estates, that farther inquiry may be made therein.
Resolved, That it be a standing rule henceforth, that the State Commissaries make a quarterly report on account of all receipts. and expenditures in their department, for the inspection of Council.
An order was drawn on the Treasurer in favour of Mr. William Crispin, for the sum of Fifteen thousand pounds, for the purchasing the enumerated articles, and paying the Butcher, for which he is to account.
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SUPREME EXECUTIVE COUNCIL.
The Petition of Daniel Wingate, convicted of Larceny at the City Court in October last, and adjudged to pay a ffine of three hundred and seventy-five pounds to the Use of the State, was read, setting forth that he is unable to pay the said ffine, and praying a remission of the same; thereupon,
Ordered, That the said ffine be remitted.
In Council.
PHILADEL'A, Wednesday, December 22d, 1779.
PRESENT :
His Excellency JOSEPH REED, Esq'r, President.
Mr. Lacey, Mr. Hambright,
Honourable the Vice President, Mr. Read, Mr. Thompson, and Colonel Smith.
An order was drawn on the Treasurer in favour of Major Ben- jaman G. Eyre, for the sum of twelve hundred and six pounds, for his services in replacing the Schuylkill Bridge.
Mr. Physick, Keeper of the Great Seal under the former Gov- ernment, having, pursuant to a late resolution of this Board, de- livered in the Great Seal heretofore used, and requested that the same might be return'd to him after the impression was defaced; The same being considered, it was
Resolved, That as the Assembly will sit in a very short time, and the seal has been required in Consequence of their resolution, that the seal shall be kept in its present state 'till that time, and that then the Board will give him an answer to his request, and in the mean time, one part of the seal was re-delivered to the said Mr. Physick, and the other to the President of this Board.
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In Council.
PHILADELPH'A, Thursday, December 23d, 1779. PRESENT :
His Excellency JOSEPH REED, Esq'r, President.
Honourable the Vice President, Mr. Thompson,
Mr. Read, Colonel Smith, Mr. Lacey, On motion,
Mr. Gardner, and
Mr. Hambright.
Resolved, That Captain Hambright, Colonel Smith, General Lacey, Mr. Read and Mr. Thompson, be a Committee to enquire into the
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state of the Barracks in the Northern Liberties, the number of Barrack Masters, deputies, &c., and report them as soon as con- venient.
The Council resumed the consideration of David Frank's peti- tion for a pass to go into the City of New York; thereupon,
Ordered, That the prayer of the said Petition cannot be granted.
WHEREAS, Elizabeth Bergen, a person of good character and worthy of Credit, did lately give information, on Oath, to this Board, of an illegal intercourse carried on between the officers lately serv- ing at Elizabeth Town, in the State of New Jersey, with the Enemy, or some persons residing with them, and also affording a Just ground of suspicion against David Franks and Jane White, inhabitants of this State, of reputed disaffection to the Interests and Government of America; and especially that Colonel Seely, Captain Joseph Clunn, and one adjutant Nixon, did, on the latter end of Novem- ber last, receive from New York two large Trunks, marked J. W., containing Merchandize or other effects, with the Keys tied thereto, which came by a Flag from New York, and that the said Trunks were transported from thence to Trenton in the Publick Waggons, the said Nixon accompanying them, and meeting the said Eliza- beth Bergen occasionally; That in order to pass them with the greater secrecy, the said officers, Seely & Nixon, directed the said Elizabeth 'Bergen to pass the said Trunks as her property; That the same were brought to the house of the said Captain Joseph Clunn, at Trenton ; and the said Elizabeth having taken her own effects to the landing, Nixon blamed her for not taking the Trunks, and say'd he wou'd take them down in the Evening to Captain John Clunn's at the landing; from all which, and other circum- stances, the said Elizabeth Bergen Verily believed the said Trunks to have been fraudulently imported from New York, and so trans- ported to Trenton, and also supposed the Trunks to have been Car- ried down to the said John Clunn's, to be conveyed to Philadel- phia, for the use of the said David Franks or Jane White, or one of them.
It also appeared to the Board from the Testimony of Mr. Tho- mas Pringle, that the wife of the said John Clunn had, upon his application to her, expressed herself to the effect that the said Trunks had been brought to their House. Whereupon, The said John Clunn being called on to give an account thereof, and not ren- dering such as was satisfactory, this Board committed him to prison 'till the said Trunks shou'd be produced, or farther satisfaction, or he be relieved in due course of the Law, and afterwards, upon his ap- plication, enlarged him, on security not to depart this Court without leave of this Board. And now Captain Joseph Clunn appearing before this Council, alledges that the said Trunks were seized by Adjutant Nixon, and condemned, pursuant to a Law of New Jersey, for the benefit of said Nixon and himself, and produced a certificate thereof, that the said Trunks are now at Trenton, in his care, and
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SUPREME EXECUTIVE COUNCIL.
that he claims them as his property, under the said seizure, and that the said Trunks contain Merchandize to the value of six hun- dred pounds York money.
Whereupon, The said Elizabeth Bergen and Thomas Pringle, be- ing confronted with the said Joseph Clunn, the former adhered to the account formerly given, and the Answers given by the said Clunn were so evasive, improbable and unsatisfactory, that the Board is clearly and unanimously of opinion that the said seizure was collusive and fraudulent, and that the same was only calculated to cover the transaction ; That the said goods were imported from New York by the said officers, or with their connivance and coun- tenance, and that the Publick Waggons have been abused on this occasion ; Whereupon, the whole circumstances being considered,
Resolved, That the transaction having been had in the State of New Jersey, and the said Trunks now being in that State, the whole matter be communicated to his Excellency Governor Living- ston, and farther to assure him that, if it shall be thought proper to proceed thereupon by seizure of the said Trunks, or otherwise, in any respect, this Board will direct the attendance of the said Mrs. Bergen, and other witnesses from this State ; And that the Presi- dent also inform Governor Livingston that it is the opinion of the Board that the Examination of Adjutant Nixon wou'd throw some light thereupon, and also Lieutenants Sutphen, Busby and Emmons, which three latter the said Clunn asserted were privy to the remo- val of the goods to Trenton, and might be entitled by Law to a part of the proceeds.
Resolved, That Captain John Clunn be discharged from his re- cognizance.
In Council.
PHILAD'A, Friday, December 24th, 1779. PRESENT :
His Excellency JOSEPH REED, Esquire, President. Honourable the Vice President,
Mr. Lacey, Mr. Read,
Mr. Smith, and
Mr. Thompson,
Mr. Hambright.
WHEREAS, In the present scarcity of Wood for the use of this city, this Board did order and direct that the wood growing on a tract of Land on the West side of Schuylkill, belonging to some persons residing in Great Britain, shou'd be cut down and brought to the city, for the use of the poor, the same to be valued and ac- counted for when required by the proper officer, or by lawfull au- thority :
.
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And Whereas, In pursuance of the said orders, William Brad- ford, Tench Francis, James Ashe, Isaac Melchor, William Hall, Andrew Tybout, David Duncan, William Miller, William Forbes, Thomas Shields, and Joseph Cowperthwaite, have proceeded, at & great expence, to cut down considerable quantities of said Wood for the uses aforesaid, which have been since taken by William Wood and his servants, and that divers pretences have been set up, under which sundry persons threaten taking farther quantities of Wood, and commit unlawfull waste on the said premises; Where- upon,
Resolved, That the Justices of the peace of this city and county be directed, upon proof made to them of the said Wood being brought from the said land to this city by any persons other than those mentioned herein, vizt : William Bradford, and others, to seize the same as Publick property, and bind over to Court the said Trespassers to answer for their Misdemeanors ; and the said Wil- liam Bradford, Tench Francis, and others, are hereby authorized and directed to proceed in the said business so committed to them, and all officers, Civil and Military, are required to aid and assist them therein, being assured hereby of the support of this Board in all their legal proceedings in the premisses, and the Sheriff of the county of Philadelphia is hereby directed to bring the said William Wood before this Board, without delay, to answer the charge herein made against him.
The Committee appointed by Council to enquire into the state of the Barracks, made the following report :
The Committee appointed by Council to enquire into the state of the Barracks at Philadelphia, &ca., do report, that they have been at the Barracks, and made enquiry into their state; that they find them in a very ruinous condition, all the Bedsteads (except a few in the Invalid quarter) missing, having been burned, as we are in- formed, for want of Wood; Almost all the Glazing of the windows broken, plaistering pulled down, the laths & partitions cut up to light fires, the floors much cut and injured, the soldiers having brought their wood into the rooms, and there cut up for their fires; The rooms & galleries are so full of filth and ordure as to render these places extremely offensive ; in short, the whole of the build- ings are in very bad order. We have farther to report that, besides Isaac Melchoir, Barrack Master General, there are the following persons employed there, most of which are entirely useless, to wit :
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