USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XII > Part 24
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on third street, ninety feet; Bounded Northward with Richard Hopkins's ground, eastward by a ten feet alley, Southward by Vine street, and Westward by third street aforesaid, late the estate of Thomas Mackiness, now forfieted to the State. The sum of twenty-one thousand pounds consideration Money having been paid to Thomas Hale, agent for forfieted estates in the county of Phila- delphia, on the twenty-ninth day of October last. Seized and sold on the eighteenth of September last. Deed bearing date the twentieth day of September, one thousand seven hundred & seventy- nine.
A Deed to David Duncan, of the City of Philadelphia, Merchant, was examined and signed by his Excellency the President, convey- ing a certain lot or piece of ground, situate on Christian and Second streets, in the district of Southwark, containing in front on Chris- tian street, forty feet, and in depth on second street, one hundred and twenty feet; bounded as follows, vizt : South by Christian street, West by Second Street, North by ground of the Widow Davy, and east by ground of John Wilson, subject to a ground rent of six pounds per annum, payable to William Honeyman, late part of the estate of John Tolly; The sum of five thousand one hundred pounds consideration money having been paid to Thomas Hale, agent for forfieted estates in the county of Philadelphia, on the twenty-seventh day of September last. Seized and sold, agree- able to law, on the twenty-sixth day of August last. Deed dated the twenty-fifth day of February instant.
A petition from Eliza Lewis Treichell, praying to be allowed to take back a house sold to Lawrence Fegan, an attainted Traytor, was read, and rejected.
A petition from Francis Nelson, indicted for misprision of Trea- son, praying a pardon, and permission to go to Ireland, was read, and rejected, it being contrary to a standing rule of the Board to pardon before Tryal.
In Council.
PHILAD'A, Saturday, Feb'ry 26th, 1780.
PRESENT :
His Excellency JOSEPH REED, esquire, President. Hon'ble the Vice President.
Mr. Lacey, Mr. Gardener, Mr. Whitehill.
Mr. Hambright, and
An order was drawn on the Treasurer in favour of Joseph Gardner, esquire, for the sum of four thousand dollars, in part of his pay as a member of this Board, for which he is to account.
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The Petition of Andrew Keyser, setting forth that he had been convicted of Sheep-stealing, but that the Court had not proceeded to pass sentence, that he might have time to apply to this Board for a pardon, and also setting forth that he was a Youth, under the influence of his father; Whereupon,
Resolved, That the said petition be dismissed, it appearing to this Board that the declining to pass sentence upon conviction was irregular, and may hereafter prove very prejudicial to the publick, if the offenders should escape. That it is also contrary to a stand- ing rule of the Board to pardon any person untill Tryal, convic- tion and sentence passed.
The recommendation of the Hon'ble house of assembly of the third day of February instant, being again read and considered.
Resolved, That a proclamation issue to apprehend Benjamin Nu- gent, William Nugent and John Rosborough, persons suspected of burning the houses and barns of Major Johnston, and that three thousand dollars be offered as a reward for apprehending and secu- ring, in any Goal of this State, the said Benjamin and William Nugent and Robert Rosborough.
And also offering pardon to any accomplice in the said offences who shall discover the said offenders, or either of them, and assist in bringing them to Justice, and also directing the Sheriff and Offi- cers of Justice, as well as all other persons, to be aiding and assist- ing in the premisses.
Major Swaine, State clothier, made a return of the Cloathing delivered to two hundred and thirty-five Officers, one thousand nine hundred and ninety-four privates. Deficiencies, fourteen coats, nineteen vests, nine pair overalls, Sixty-six Shirts, three pairs of Stockings, fourteen pair of shoes, Three hats, eight yards of blue cloth, nine yards of white Cloth, and one yard of brown linnen.
A petition of William Tretwell, to go to England, by way of New York, was read, and rejected.
An application from Captain Thomas Jaynes, against Philip Boehn, paymaster of Militia for Northampton County, was read, complaining of being kept out of his pay.
Resolved, That the President be desired to write to the said paymaster, informing him of said complaint, and directing him to satisfy the people, if entitled.
WHEREAS, The using publick money for private purposes is at all times a breach of trust, but is greatly enhanced when such money is employed in that species of Traffick called speculation'; and it appearing to this Board that Thomas Hale, Agent for forfieted estates, has employed a considerable sum of the Money by him re- ceiv'd for the use of the State, for the above purposes, this Board, therefore, dismiss the said Thomas Hale from his Office of Agent of confiscated estates, and he is hereby dismissed accordingly.
Resolved, That William McMullin, esquire, be appointed Agent for confiscated estates for the county of Philadelphia, in the room of Thomas Hale.
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In Council.
PHILAD'A, Monday, Feb'y 28th, 1780. PRESENT :
His Excellency JOSEPH REED, Esquire, President. Hon'ble the Vice President.
Mr. Lacey, Mr. Gardner, Mr. Arndt,
Mr. Whitehill, &
Mr. Hambright.
A representation of John Biddes, against John Moore, esquire, for misconduct in his office, was read, and Mr. Moore and Dr. Gardner having conferred with the said Biddis thereon, report that the said complaint appears to be frivolous, and thereupon, the same was dismissed.
An order was drawn on the Treasurer in favour of Messrs. Lang and Clayton, for the sum of one hundred and eighty-eight pounds and fifteen shillings, the amount of their account for Rum for the use of the Men employed in Preserving the President's house from the late Fire at the house of the Honourable Mr. Holker.
The Commissioners for receiving and distributing the Salt last fall, under the directions of this Board, having made a report of their pro- ceedings, from which it appears that there are yet one hundred and seventy seven bushells and three-fourths of Salt unpaid for, amount- ing, at thirty pounds per bushell, to five thousand three hundred and thirty-two pounds ten shillings, which the said Commissioners are desired to pay. And the Board taking into consideration the time & services of the said Commissioners,
Ordered, That they be allowed eighteen hundred and seventy- five pounds therefor, and that the thanks of the Council be given them for their good services in this business.
A letter was received from his Excellency General Washington, dated the twenty-third instant, containing his opinion on the Me- morial of Major Reed & others, belonging to Colonel Hazen's Regi- ment, that it would be advisable to comply with their request : Whereupon,
Resolved, That the Officers and Men and Colonel Hazen's Regi- ment returned, as belonged to this State, be entitled to the like benefits, and advantages as any officers in the line of the State, and that the Commissaries and Clothiers supply them accordingly.
A letter was received from the Board of War, in answer to an application respecting one Milsbeimer, a Chaplain in one of the German Regiments taken at Saratoga, wherein the Board of War inform that they have ordered their Commissary of prisoners to send him to New York.
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SUPREME EXECUTIVE COUNCIL. ,
The President laid before the Board a letter received from the Governor of Virginia, respecting the disputed territory; which being read, was ordered to be communicated to the Assembly.
In Council.
PHILAD'A, Tuesday, Feb'y 29th, 1780. PRESENT :
His Excellency JOSEPH REED, esquire, President. Hon'ble the Vice President.
Mr. Lacey, Mr. Arndt,
Mr. Read, and
Mr. Whitehill.
Mr. Hambright,
Ordered, That Mr. Hale, late Agent for confiscated estates, de- liver up to Mr. M'Mullin, the remaining papers belonging to his office, and pay the ballance of monies in his hands to Mr. Ritten- house, without delay.
An order was drawn on the Treasurer in favour of the Hon'ble Frederick Muhlenberg, for five thousand dollars, in part of his pay as a Member of Congress for this State, for which he is to account.
An order was drawn on the Treasurer in favour of the Commis- sioners for receiving and distributing of Salt, for the sum of five thousand nine hundred and thirty-two pounds ten shillings, for paying for one hundred and Seventy-seven bushells and three quar- ters of Salt, not yet paid for.
An order was drawn on the Treasurer in favour of the Commis- sioners for receiving and distributing of Salt, for the sum of one thou- sand eight hundred and seventy five pounds, for their services in the said business.
The Auditors appointed by this Board on the twenty-second of April, 1779, pursuant to a resolution of Assembly of the thirty- first of August, 1778, to hear and determine the claims of Jehu Eyre, and others, respecting plank and timber taken by the enemy, made their report, which was ordered to be transmitted to the house of Assembly.
The President laid before the Board a letter received from the President of Congress, dated the twenty-sixth instant, inclosing sundry resolutions of that Body for procuring supplies for the Army, which were read, and also ordered to be sent to the house of Assembly.
The Commissioners of Taxes for Philadelphia County having in a Memorial represented that they find difficulties arising from the Construction of the act for raising fifteen Million of dollars,
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Resolved, That the said Memorial and papers be communicated to the Hon'ble house of Assembly.
The Board having taken into consideration the abuses practised by some persons in possessing themselves of lands heretofore oc- cupied or claimed by the Proprietaries, and of lands belonging to persons in foreign parts, under colour of Old rights,
Resolved, That the following Message be sent to the house of Assembly thereupon, together with the papers Ordered above.
Message from the President and council to the Representatives of the Freemen of Pennsylvania in General Assembly met.
Gentlemen of the General Assembly :
We think it necessary to call your attention to a Publick abuse which is daily increasing, and for which the Laws now in force do not sufficiently provide. Since the act for vesting the estates of the late Proprietaries in this Commonwealth, many persons under the colour of Old rights, without any authority, and in a most irreg- ular manner, have taken possession of lands heretofore possessed by the Proprietaries, or the property of persons residing in for- eign parts, and are not only committing waste, but drawing in unwary purchases, so as to extend the mischief, and embarrass not only the property of the State, but its political Interests and repu- tation, all which must be eventually affected by these practices.
We shall, on our parts, chearfully execute such laws, or pursue such other measures as may be adopted to remedy this evil, the consequences of which are too obvious to make it necessary for us to enumerate them to your honourable house.
A former house of Assembly having recommended to this Board the appointment of Auditors, to adjust the Claims of Jehue Eyre and others, for Timber and plank taken from them by the enemy ; and this resolve having been carried into execution, we now return the report made by the Auditors, that the house may take such farther Order therein as they may deem proper.
A very important communication having been also made to us this morning, whereby this State is called upon to furnish speci- fick supplies for the Army, to a very large amount, we would lose no time in laying it before you. It appears to us, both in its na- ture, Operation and Consequences, to involve considerations of the most interesting nature, and to require great wisdom and caution in devising, as well as vigour and prudence to execute,. a plan which will give it the desired effect. The framing such a plan, and providing the ways and means of executing it, being the Con- stitutional right of your Honourable house, we cannot doubt of its receiving your early and most deliberate attention.
JOSEPH REED, President. Council Chamber, Philad'a, Feb'ry, 29th, 1780.
William McMullen, esquire, appointed Agent for confiscated estates, took the usual Oaths of Office appointed by the Act of As-
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SUPREME EXECUTIVE COUNCIL.
sembly, for the attainder of divers Traitors, &ca., and received Books of the late Agent, Mr. Hale.
In Council.
PHILAD'A, Wednesday, March 1st, 1780. PRESENT :
His Excellency JOSEPH REED, esquire, President. Honourable the Vice President.
Mr. Lacey, Mr. Gardner, Mr. Whitehill,
Mr. Arndt, and Mr. Hambright.
A letter from Mr. Hale, agent for confiscated estates, was re- ceived, dated February the twenty-sixth, respecting the Indian lands, to which an answer was wrote.
The papers of yesterday, and Message, were sent into the house of Assembly.
In Council.
PHILAD'A, Thursday, March 2d, 1780. PRESENT :
His Excellency the President.
Honourable the Vice President.
Mr. Lacy, Mr. Gardner, Mr. Read,
Mr. Whitehill, and Mr. Hambright.
An Order was drawn on the Treasurer in favour of his Excel- lency the President, for the Sum of two thousand pounds, in part of his Salary, for which he is to account.
A deed to Thomas Britton was examined, and signed by his Ex- cellency the President, conveying a yearly rent charge of forty-two pounds ten shillings, issuing out of a certain lott of ground, situate on the East side of Water Street, in the Northern liberties, con- taining in breadth, on the said Water Street, fifty feet, and extend- ing thence into the River Delaware, Bounded Westward by Water Street, Northward by Callowhill Street, Eastward by the River Delaware, and Southward by the Proprietaries' land, late payable to Samuel Shoemaker, now forfieted to the State, The Sum of fifteen hundred & twenty pounds consideration money having been paid
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to Thomas Hale, Agent for confiscated estates in the county of Philadelphia, Sold the twentieth day of September last. Deed dated the Second day of March instant.
An Order was drawn on the Treasurer in favour of Frederick Sneider, for the Sum of two hundred and sixty-eight pounds one shilling and three pence, the amount of his account for sundry arti- cles bought for the use of the Council, And his wages for attend- ance at the Door from the first day of Feb'ry to the twenty-ninth, twenty-nine days, at twenty dollars per day.
An Order was drawn on the Treasurer in favour of William Trickett, for the Sum of fifty-nine pounds five shillings, amount of his account for binding sundry Books, and for Quills, Ink, &ca., for the use of the Council.
Captain Porter and Captain Powers, of the Companies of Artil- lery now by law included in Colonel Proctor's regiment, baving, in behalf of themselves and Other Officers of said Companies, applied for an Order for Cloathing out of the State Store,
Resolved, That Major Swaine be authorized to deliver to the Officers of the said Companies the like proportion of Cloathing as has been issued to the other Officers belonging to this State, and make returns thereof as in Other Cases, and also, that the Officers and Men of said Companies be in future entitled to the same enu- merated articles as the other Officers and privates of the same Re- ment:
And that Captain Zeigler, or other, the issuing Officer of the said refreshments,. do furnish them accordingly.
An application from Captain Stiles being read,
Resolved, That he in his discretion, employ such Workmen as he thinks proper, to repair the arms belonging to the State; that he endeavour to get them done on the best terms and in the best manner.
It being represented to this Board that the great quantity of Ice in the Schuylkill has carried away the bridge and interrupted the passage of the River,
Resolved, That Mr. Benjamin Eyres be desired to collect the scattered parts thereof in the most expeditious manner, and that as soon as may be, he report to the Board what repairs will be neces- sary, and that he be desired also to furnish an estimate of the ex- pence which will attend the replacing it.
Captain Galt's papers and account having been laid before the Board, were returned to bim this morning ; Council being of opin- ion he was not taken in the discharge of his duty, and also that as he had received from Mr. Pinlard, Continental agent at New York, the sum of two hundred and seven pounds nine shillings and three pence, hard money, reckoning a dollar at eight shillings, out of which his Board and other expences had been Paid, his charge of rations here also was irregular, as well as what had been furnished to his Wife.
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SUPREME EXECUTIVE COUNCIL.
In Council.
PHILAD'A, Friday, March 3rd, 1780.
PRESENT :
His Excellency JOSEPH REED, esquire, President.
Honourable the Vice President.
Mr. Lacey, Mr. Arndt,
Mr. Whitehill, and
Mr. Gardner,
Mr. Hambright.
An Order was drawn on the Treasurer in favour of Colonel Lewis Nichola, for the sum of eight hundred and thirty-three pounds and four pence, amount of money due to the said Colonel Lewis Nichola, Captains Woelper and McIlhatton, & Lieutenants Honeywood and Pugh, in lieu of their rations and refreshments, from the fifteenth of January to the twelfth of February, 1780.
The Petition of John Ensmenger, referred to this Board by the house of Assembly, being read,
Resolved, 'That the same be referred to Doctor Hutchinson, State Surgeon, that he enquire into the facts set forth in the Petition, and if he shall find them to be true, that he get him provided for at the Hospital, or house of employment, on the best terms that can be obtained, and this Board will defray the expence thereof.
The President having laid before the Board a letter from the Honourable Mr. Hopkinson, Judge of the Admiralty, with sundry papers, tending to demonstrate the right of the Council of France to the depository of the monies of the Subjects of his most Chris- tian Majesty, for which no regular Claimants appear in the Courts of Law, and requesting the advice of the Board therein.
Resolved, That the same be sent to the Attorney General for his Consideration and Opinion, and that he be desired to confer with the Honourable the Chief Justice thereupon, reporting to this Board the result as soon as he conveniently can.
A letter and account from Mr. Turnbull, Agent for purchasing Flour last fall, by which it appears there was advanced to the Com- missioners three hundred and fifteen thousand eight hundred and forty-six dollars, of which only one hundred and twelve Barrells of Flour was received, which at seventy-five pounds per cent. is forty- four thousand eight hundred dollars, and no more than eighty-three thousand six hundred and forty-six dollars returned, leaving a bal- lance'of two hundred and thirty-two thousand two hundred dollars in the hands of the said Commissioners since October and Novem- ber last.
The Chief Justice having personally satisfied the Board, that Mr. John Vance had apprehended with great trouble and expence, one Thomas Burney, a Notorious Counterfeiter of Publick money,
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(for whom a reward of five hundred dollars was offered by this Board) and horse thief, and brought him to this Goal of this City,
Resolved, That the said John Vance is intitled to the said re- ward, and an Order was drawn on the Treasurer in favour of the said John Vance, for the sum of five hundred dollars, agreeable to the resolution of this Board of the Second of September last.
In Council.
PHILAD'A, Saturday, March 4th, 1780. PRESENT :
His Excellency JOSEPH REED, esquire, President. Hon'ble the Vice President.
Mr. Lacey, Mr. Read,
Mr. Whitehill, and Mr. Hambright.
A deed to John Young, Jun'r, was examined and signed by his Excellency the President, conveying a tract of one hundred and sixty acres and one hundred and twenty perches of land, situate in Ben- salem Township, in the County of Bucks, late belonging to Joseph Galloway, during the term of his natural life, now forfieted by his attainder, to the use of the State, bounded as follows, to wit : Be- gining at a Stake for a Corner on the bank'of the Delaware; thence by land of William Smith, North twenty-seven degrees and one quarter West two hundred and twenty-eight perches and sixth- tenths of a perch to a stone and stake; thence south fifty-eight de- grees West one hundred and twenty-eight perches to a stake; thence by Willing's land, South thirty-two degrees East one hundred and ninety-four perches, to the said River Delaware; thence up the said River, the several courses thereof, to the place of beginning; con- taining one hundred and sixty acres and one hundred and twenty perches, as aforesaid, To be held and enjoyed by the said John Young, Junior, and his heirs, for and during the term of the natu- ral life of the said Joseph Galloway, the sum of one thousand six hundred and forty-five pounds having been paid to George Wall, esquire, Agent for confiscated estates in the said County, on the tenth day of September last, and the sum of Four thousand nine hundred and thirty-five pounds Paid to David Rittenhouse, esquire, State Treasurer, on the twenty-fourth day of September last, both which sums being the full consideration money for the same. Deed dated the fourth day of March Instant.
WHEREAS, It appears by Mr. Hale's Books, that there is a bal- lance of about fifty thousand due to the State from him, which he having neglected to pay as by law directed:
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SUPREME EXECUTIVE COUNCIL.
Resolved, That the Attorney General be directed to issue a pro- cess against him for the said sum, agreeable to the seventh section of the Act entitled A Supplement to the act for the attainder of divers Traitors, if they render not themselves by a certain day, and for vesting their estates in this Commonwealth, and for more effect- ually discovering the same, and for ascertaining and satisfying the lawfull claims thereupon, passed at Philadelphia, the twenty- ninth day of March, one thousand seven hundred and seventy- nine.
1
In Council.
PHILAD'A, Monday, March 6th, 1780. PRESENT :
His Excellency JOSEPH REED, esquire, President.
Honourable the Vice President,
Mr. Lacey, Mr. Gardner, Mr. Arndt,
Mr. Hambright, and
Mr. Whitehill.
An order was drawn on the Treasurer in favour of the Honoura- ble James Read, esquire, for the sum of twelve hundred pounds, in part of his pay as a member of this Board, for which he is to account.
The Board taking into consideration the state of the Schuylkill Bridge, and a proposal from John Mitchell, esquire, in behalf of the Quarter Master General's department, to replace the said bridge, and keep it in repair for one year, a total destruction by great Floods only excepted; in consideration of which the continental Teams, Officers and Men, are to pass over without payment of any Toll; the same was now accepted, and,
Resolved, That the Tenant there be considered as the Tenant under the Quarter Master General's department, and Mr. Mitchell account to the Board for the rent, which, fixed at seven hundred pounds for the present Month of March, the present rates being to be taken for this month, vizt :
A single person, two shillings & 6d.
Horse, loaded or unloaded, five shillings.
Horse and Chair, twenty-two shill's & 6 pence.
Chariot, or Phaeton & pair, thirty-seven shillings and six pence. Chariot and four horses, forty five shillings.
Cart and horse, seven shillings & six pence.
Waggon and four horses, twenty-two shillings and six pence. Cattle, two shilling & six pence.
Sheep, one shilling & three pence each. Swine, one shilling & three pence each. Sleigh or Sled, Ten shillings.
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Each person in any Sleigh, Sled, Waggon, Chair, Chariot, or Cart, beside the driver, two shillings & six pence.
And if circumstances occasion any alteration in the rates, there be a proportionate alteration in the rent.
WHEREAS, His Excellency the President did lately, at the desire of the Board, issue a warrant, under his hand and seal, for appre- hending Joseph Richardson, a person of bad fame and character, and against whom complaint has been made that he is disaffected to the interests of America, and that his going at large is dangerous to the rights and interests of the good people thereof, and of this State in particular ; and it appearing also to this Board, that the said Joseph Richardson is the same person against whom a Procla- mation heretofore issued, and for whose apprehension a reward was offered, he being charged with counterfeiting the Money of the then province of Pennsylvania, and also of New Jersey.
Resolved, therefore, That as well pursuant to an act of Assembly of this State entitled, " An act to empower the Supreme Executive Council and Justices of the Supreme Court to apprehend suspected Persons, and to increase the fines to which persons are liable, for neglecting to perform their tour of Militia duty," as for the cause last mentioned, the said Joseph Richardson do stand committed to the Goal of this county, and the keeper thereof to keep him safely 'till this Board shall take farther order thereon, or he be delivered in due course of law.
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