Colonial records of Pennsylvania, Vol. XII, Part 26

Author:
Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 812


USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XII > Part 26


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


Wherefore, as well in respect of the said recommendation of Congress as of a due sense of the necessity of humbling ourselves before the great Governor of the Universe, and imploring his pro-


283


SUPREME EXECUTIVE COUNCIL.


tection and Support, We do hereby earnestly recommend to the good people of this Commonwealth, that the said Wednesday, the twenty-sixth day of April next, be set apart and observed as a day of fasting, humiliation and prayer, according to the said resolve, and that they abstain from all servile labour and recreation on the said day.


Given by Order of the Council, under the hand of his Excellency JOSEPH REED, esquire, President, and the Seal of the State, at Philadelphia, this eighteenth day of March, in the year of our Lord one thousand seven hundred and eighty.


JOSEPH REED, President.


Attest-TIM'Y MATLACK, Sec'y. GOD SAVE THE PEOPLE.


In Council.


PHILAD'A, Monday, March 20th, 1780. PRESENT :


His Excellency JOSEPH REED, esquire, President.


Hon'ble the Vice President.


Mr. Lacey, Mr. Arndt,


Mr. Gardner,


Mr. Thompson, and


Mr. Read,


Mr. Whitehill.


Resolved, That Major William Armstrong be allowed sixty dol- lars per day, for his services as paymaster to the Workmen, and others, employed at Mud Island and Billingsport, or other publick works on the Delaware.


A deed was examined and signed by his Excellency the Presi- dent, to John Young, Junior, Conveying a yearly ground rent of three pounds, lawfull money of Pennsylvania, issuing and payable out of a certain lott of ground, or tenement, now in the tenure of Mary Ryan, Widow, Situate on the West side of Moyamensing road, in the district of Southwark, containing in breadth on said road twenty feet, and in depth one hundred and forty feet, bounded Northerly by Thomas Wharton's ground, Westward and Southward by Margaret Duncan's ground, and eastward by the said Road, late the estate of Enoch Story, now forfeited to the State. The sum of one hundred and twenty pounds consideration money having been paid by the said John Young, Jun'r, on the fourth day of Septem- ber last, To Thomas Hale, late agent for confiscated estates in the County of Philadelphia, Sold agreeable to law, on the twenty fifth day of August last, Deed dated the thirty-first day of December last.


284


MINUTES OF THE


A Deed was examined and signed by his Excellency the Presi- dent, to John Dunlap, conveying three certain Tracts or parcels of Meadow ground, and Frame 'l'enements thereon erected, Situate on Boon's Iland, in Kingsess Township, in the county of Philadel- phia, one of them beginning at a corner of the great road leading to Chester; thence along the same North twenty-six degrees fifteen


minutes east seventy perches ; thence by land of - Justice, North sixty-seven degrees West thirty-two perches and six-tenths of a perch, to a Corner ; thence by land of - - Coxe, South six- teen degrees west seventy perches to a Corner ; thence by Justice's land South sixty-eight degrees east nineteen perches and six-tenths of a perch, to the place of beginning, containing eleven acres and sixty-seven perches, be the same more or less.


One other of them beginning at a Corner of the said great road leading to Chester; thence along the same North twenty-six de- grees fifteen minutes East thirty-nine perches and two-tenths of a perch, to a Corner of the Widow Coxe's land, south fifty-five de- grees east twenty-nine perches and two-tenths of a perch; thence by the same land South thirty-seven degrees thirty minutes West forty perches and two-tenths of a perch, to a Corner ; thence by the same North seventy-four degrees West thirteen perches and five-tenths ; thence still by the same land North twenty-nine de- grees' West eleven perches, to the place of beginning; containing six acres and one hundred and twenty-six perches, be the same more or less.


And the other of them, beginning at a corner in the Widow Coxe's land ; thence by the same South sixty-one degrees thirty minutes East sixty-six perches, to a Corner of John Horne's land ; thence by the same North twenty-nine degrees east thirty-one perches and nine-tenths of a perch, to a Corner in the said Widow Coxe's land, sixty-two degrees West sixty-six perches, to a Corner in the same land; thence by the same south twenty-nine degrees West thirty perches and six-tenths of a perch, to the place of beginning ; containing twelve acres and one hundred and forty-two perches, be the same more or less, late the estate of Joseph Galloway, forfieted to the use of the State by the attainder of the said Joseph Gallo- way, and Sold agreeable to law, on the twenty-fifth day of August last. The sum of seven thousand nine hundred and eighty pounds consideration money having been paid by the said John Dunlap, on the twelfth day of October last, to Thomas Hale, late Agent for confiscated estates in the said County. Deed dated the twentieth day of March instant.


A Petition from Mrs. Anne Riche to pass to New York and re- turn, was read and rejected.


A letter from General Hand, dated the thirteenth of March, recommending the levelling of the Regiments, and sending a supply of thread, was read.


285


SUPREME EXECUTIVE COUNCIL.


A letter from Mr. Nesbit, in answer to one wrote last Friday, was read, containing an account of Mr Elliott's confiscated estate.


A letter from Major Swaine, requesting an increase of pay, and intimating a residence in the City; the resolution of the twenty- third of March being referred to, it appears that the sub-Clothiers are, by resolve of Congress, to reside at Camp, and also that the Board of War are to fix the Salaries.


In Council.


PHILAD'A, Tuesday, March 21st, 1780. PRESENT :


His Excellency JOSEPH REED, esquire, President. Hon'ble the Vice President.


Mr. Lacey,


Mr. Whitehill, and


Mr. Gardner,


Mr. Hambright.


Mr. Arndt,


The following Message from the Council to the General Assem- bly being read and considered, was approved and signed :


Message from the President and Council to the Representatives of . the Freemen of Pennsylvania, in General Assembly met.


Mr. Speaker, and Gentlemen of the General Assembly :


We think it proper to communicate to you some papers interest- ing to the State generally, and the frontiers particularly. We doubt not you will think them worthy your special attention. In the line of our duty we shall gladly co-operate with your Hon'ble house for the relief of those unfortunate Settlers, whose distresses and difficulties are of so complicated and encreasing a nature.


In conformity to the desire of the Assembly at the last Session, we transmitted to the authority of Connecticut, on the eighth day of December last, your proposition for an amicable settlement of that dispute, on the principals of the Confederation, to which we had not received any answer, nor do we learn whether any pro- ceeding whatever has been had thereupon.


JOSEPH REED, President. COUNCIL CHAMBER, Philad'a, March 21st, 1780.


A return of an election of Justices of the peace for the district of Derby, Haverford and Radnor, in the County of Chester, was read, by which it appears that John Pearson and John Lindsay were duly elected, and on consideration,


286


MINUTES OF THE


Ordered, That John Pearson be appointed a Justice of the peace for the County of Chester, and that he be Commissioned accord- ingly.


Ordered, That a Supersedeas be issued upon a Commission, appointing Isaac Pearson a Justice of the peace for the County of Chester, he having not taken the oath of Office required by the Laws and the Constitution of the State.


A letter from Devereaux Smith, Esquire, dated February the twenty-seventh, 1780, respecting the proceedings of the Commis- sioners of the State of Virginia, was read.


A letter from Colonel Brodhead, of the twenty-eighth of Febru- ary, also relating to the proceedings of the State of Virginia.


Ordered, That the letter from Deveraux Smith, Esq'r, be laid before the Hon'ble House of general Assembly.


Petition of Captain Gibbs Jones, of the Artillery, praying leave to resign his Commission, upon half pay, was read ; thereupon,


Ordered, That the Secretary do Write Captain Jones, and re- quest him to furnish to the Council the state of his Company, with the names of the Men which compose it.


WHEREAS, This Council have received information that divers persons have lately enclosed, and are now about to enclose lands within the bounds of the city of Philadelphia, which have hereto- fore remained open and common :


And Whereas, It is highly injurious to the Citizens in general, that individuals should appropriate any of those lands to their pri- vate use, without good and sufficient Title thereto, of which the authority of the State ought to be duly informed ; therefore,


Ordered, That publick Notice be given that all enclosures which have been lately set up, or which shall be hereafter set up, on any of the said lands, without authority and permission from the State for that purpose first had and obtained, will be removed and the lands laid open as heretofore ; any pretended rights or surveys made without the express order of the authority of the State, notwith- standing.


A letter from Honourable Samuel Huntingdon, esquire, dated the nineteenth of March, enclosing two Resolves of Congress, was read :


One of the said resolves, relating to the reconsidering the Laws for making Continental bills of Credit a legal tender; the other relating to finance ; which were delivered to Mr. Paine, Clerk of the Assembly, to be laid before the house.


A Memorial from the Officers of Artillery of this State, was read, setting forth the hardships of establishing a line of promo- tion other than that of the State ; and the same being considered,


Resolved, That the interposition of this Board in a matter of Continental concern, wherein the rights & interests of Officers of other States may be concerned, and the general arrangements affect- ed, is a point of too much delicacy and difficulty to be assumed by


Ja


t


287


SUPREME EXECUTIVE COUNCIL.


this Board, farther than to forward the said Memorial to his Ex- cellency the Commander in Chief, in whose wisdom and prudence and justice, the Memorialists may safely confide.


In Council.


PHILAD'A, Wednesday, March 22d, 1780. PRESENT :


His Excellency JOSEPH REED, Esquire, President.


Hon'ble the Vice President.


Mr. Lacey,


Mr. Hambright, and


Mr. Gardner,


Mr. Whitehill.


Mr. Arndt,


An Order was drawn on The Treasurer in favour of the Hon'ble John Hambright, for the sum of fifteen hundred pounds, in part of his pay as a Member of this Board, for which he is to account.


An order was drawn on the Treasurer in favour of Captain Joseph Stiles, for the sum of six thousand pounds, for paying the Work- men employed in repairing the State Arms, for which he is to ac- count.


An order was drawn on the Treasurer in favor of Mr. John Crawford, for the sum of twenty-six pounds fifteen shillings, for his expences in collecting the names of persons who joined the British Army in the Winter 1777.


The President laid before the Board a letter from the Governor of Connecticut, dated the tenth day of March, inst., enclosing a resolve of the Governor and company of the said State, dated the Sixth of January last, declining the proposition of the House of Assembly to refer the dispute between Connecticut & this State on the principles of the Confederation.


A complaint against George Haughton being read,


Resolved, That the same be sent to the Chief Justice & that he may proceed against him according to the usual Course of the Law, or upon the late Act of Assembly respecting disaffected persons, as upon examination of his Case shall be found most advisable.


A Committee of the Hon'ble house of General Assembly atten- ded in Council, in consequence of the Message of Council of yes- terday, and proposed, in the name of the house, the consideration of the State of the Frontiers, especially relative to the dispute be- tween this State and Virginia.


Sometime being spent thercon in free Conference, agreed to meet again on that business ; and the Committee retired.


The application of Captain Gibbs Jones was resumed, and the law being referred to, the said application was dismissed as not be- ing within the power of the Council.


288


MINUTES OF THE


Major Swaine having attended the Board, and the State of the Clothiers department being considered,


Resolved, That it is the opinion and desire of this Board that Mr. Turnbull, Colonel Farmer, and Major Swaine, should meet as soon as possible, & raise an account of the Cloathing furnished the Continental officers and Soldiers, so as that the same may be charged to the United States, agreeable to the resolution of Con- gress of the twenty-third day of March, 1779.


In Council.


PHILAD'A, Thursday, March 23d, 1780.


PRESENT :


The Hon'ble WILLIAM MOORE, esquire, Vice President.


Mr. Lacey, Mr. 'Thompson,


Mr. Gardner, Mr. Read, and


Mr. Arndt, Mr. Whitehill.


The Council took into consideration the account of Henry Wyn- koop, esquire, late a Member of Congress for this State, as follows, Vizt :


Dr .- The State of Pennsylvania in account with Henry Wyn- koop, esq'r.,


For his attendance in Congress from the sixth day of April to the twelfth day of October last, two hundred and twenty-two days, at Nine pounds per day, £1998


1779 Aug'st 20th.


Cr .- By an order on the Continental Treasurer, & charged to the State, 1,200 doll's,


£450


Sept. 29th .- By Do. on Do., 562


charged as above, 1,500 ds.,


Oct. 20th .- By Do. on Do.,


750


Do. 2000,


Ball'ce due from the State,


235 1C


£1998


And the same appearing to be just, an order was drawn on the Treasurer in favour of the said Henry Wynkoop, esquire, for the sum of two hundred and thirty-five pounds ten shillings.


289


SUPREME EXECUTIVE COUNCIL.


In Council.


PHILAD'A, Friday, March 24th, 1780.


PRESENT :


His Excellency JOSEPH REED, esquire, President.


Hon'ble Mr. Lacey,


Mr. Whitehill,


Mr. Gardner,


Mr. Hambright.


Mr. Thompson,


An order was drawn on the Treasurer in favour of Timothy Matlack, esquire, for the sum of two thousand pounds, in part of his salary as Secretary of this Board, for which he is to account.


A Committee of the Hon'ble house of General Assembly at- tended in free conference, on the State of the Frontiers ; and it was unanimously agreed to lay before the house the following re- solves, and letter to the Delegates of this State in Congress, for their consideration and approbation.


WHEREAS, The efforts of this State to accommodate all dis- putes of boundary and Territory in the most amicable manner, have failed of the desired success, and there is reason to believe that those States who decline or delay such accommodation, have it in contemplation to introduce Settlers, and Otherwise Strengthen themselves, so that the property of such lands is in danger of be- ing finally lost to the State, tho' its Jurisdiction may be establish- ed, and the Settlement of these disputes protracted and embar- rassed.


And Whereas, Many of the Inhabitants of this State, at a great expence of Money and labour, have purchased and improved lands under Titles which were then deemed unquestionable, and of which they have been forcibly dispossessed by the intrusions of Violent and ill disposed persons.


And Whereas, It is the indispensable duty of every Government to extend its protection and care to all its subjects, yielding peacea- ble and due obedience to its Laws, but the distance and variety of Circumstances do not admit full and effectual relief to be given by this house, at this time ; Wherefore,


Resolved, That it be recommended to the Executive authority of this State, to appoint suitable persons to be Commissioned under the great seal of the State, to proceed to the Counties within this State where the above intrusions have been made; that they be authorized to make due enquiry therein; to take the force of the said Counties, if need be, to restore such setlers to their lawfull and rightfull possession, and by all other lawful ways and means, as to them shall appear to be right, to Check and prevent all unwarrantable intrusions on the unappropriated lands of the subjects thereof.


VOL. XII .- 19.


290


MINUTES OF THE


Resolved, That the President or Vice-President in Council, be authorised to raise, in addition to the Companies voted on the last, such other Companies as shall be deemed necessary by the said Council, for the general as well as internal defence of the said Frontiers, such companies to be raised on the same terms and condi- tions as those Voted on the said of : Provided, The whole number of Men to be so raised, do not exceed fifteen hundred, offi- cers included.


Resolved, That if it should be found necessary, the President or Vice President in Council, be authorized to Organize and form the Troops so raised, into Regiments, and that such Troops when raised, be at all times under the special direction and Order of the authority of this State ,only.


Resolved, That in order to avoid any unnecessary increase of Officers, and the number of Officers in the Pennsylvania line being greatly disproportioned to the privates, the said Troops be Officered as much as possible from the line of this State, serving in the Con- tinental Army.


SIR :


The Supreme Executive authority of the State, on the fifteenth day of December last, through the Delegates of this State, ad- dressed the Honourable Congress of the United States on the un- happy dispute subsisting between this State and Virginia.


The proceedure of Congress thereupon, breathed such a spirit of Wisdom, Moderation, and attention to the general interests, as well as the rights of the contending States, that we could not doubt it would have been received with that respect and acquiescence it so highly deserved. Presuming fully upon this, it was commu- nicated to the inhabitants of Pennsylvania, accompanied with the most decisive directions to yield a cheerfull and punctual compliance. Our proceedings herein, with your resolve, were transmitted to the Supreme Executive authority of Virginia, and also, to those who under their authority were oppressing and harrassing the innocent and unfortunate settlers of Pennsylvania. But this event has. demonstrated how vain & delusive are those hopes which are founded on the justice or moderation of the State of Virginia. We are authorized to declare, that your resolution has been treated with a disregard bordering upon contempt; that our friendly ex- postulations on the impolicy & cruelty of their proceedings, have met with the like fate; and we now find ourselves reduced to the sad alternative of seeing a number of honest, industrious settlers, who have peaceably purchased, cultivated, and enjoyed their lands for many years, under Titles of this State, now dispossessed and ru- ined, or enter into a contest, which to us is dreadfull in contempla- tion. The Genious and temper of the people of this State has natu- sally led them, on all occasions, to prefer accommodation to hostility, and even to seek the path of peace with an earnestness-


291


SUPREME EXECUTIVE COUNCIL.


which ungenerous minds may have mistaken for timidity or weak- ness. For proofs of this disposition, we may safely appeal to the Records of Virginia, to Congress, and to the whole World. While perpetual encroachment and aggressions have irritated and distressed the Inhabitants of this State, what people, State, or country, have we invaded, or insulted, or who has complained against us ?


By the great contest with the common Enemy, we have raised Troops only to oppose the common enemy. Regiments raised, Oficered, & equipped by the State, instead of being employed to make Conquests, extend Settlements, or cover Commissions and surveyors, while Garbling out lands within disputed Territory, have been yielded to the general defence. The Staple Commodity of the State locked by a general Embargo, for the benefit of the Uni- ted States, to the entire Stagnation of all trade, While the staple of Virginia has had a free and general exportation. The loans of this State have greatly exceeded every Other, and the Journals of Con. gress shew that the United States have availed themselves of our Taxes for present supply in as great a proportion, and as Season- ably as any other State, whatever misinformation or prejudice may suggest to the contrary. Our State has been invaded and our Capi- tal possessed by the enemy. Our frontiers desolated by the Sava- ges Our internal Strength greatly diminished, tho' notexhausted, by the supplies of every kind, which, in consequence of our local situation, we have afforded to the common Cause.


Under these circumstances, we must want the common feelings of Men and Citizens, if we could, without concern, see the State im- poverished and insulted, & its inhabitants reduced to beggary and wretchedness, by those who stile themselves our brethern.


The sufferings of these poor people, as they justly observe, would probably have been much less if the arms of Britain had prevailed. The calamities of that event would scarcely have reached their ob- scure and distant dwellings, while the hand of publick and private rapacity now reaches the inmost recesses of their country. It is known to all America, that Commissioners, appointed by mutual consent, have actually setled the boundaries of this disputed Terri- tory, and that the lands on which these oppressive and unjust - Claims, both of Jurisdiction and property, are now exercised, are near forty Miles within the Territory admitted to belong to Penn- sylvania. We are also assured by publick authority of Virginia, that this agreement will probably be confirmed at a future day.


And here the policy of delay discloses itself almost without disguise. It having been usual for contending States to confirm, mutually, the rights of Bona fide purchasers, this agreement, so solemnly made, is kept suspended 'till the Treasury of Virginia shall be re- plenished, and a few of its rapacious subjects enriched with the Spoils of Pennsylvania-A policy, in our Judgment, unworthy a free & generous people, and to which we shall leave an impartial World to give a suitable appelation.


292


MINUTES OF THE


We do not ask the farther interposition of your Hon'ble Body. We should be sorry to commit the dignity & honour of Congress in farther resolves, which will probably be equally disregarded with those already passed touching the Claims and proceedings of this State, whose views and designs are too plain to be misunderstood, and too alarming to be longer overlooked. But conscious of the Justice of our case, of our pure and pacific intentions, we are anxious to stand Justified in the Eyes of Congress and of the World for the part we are now called to act. Every peaceable overture being rejected, your recommendation set at nought, and the hand of vio- lence and oppression stretched against our peaceable Citizens, a fatal necessity compels us to adopt sentiments of a different nature. If the recollection of former Affection, with a sense of the danger to the common cause, and injustice and impropriety of the measures of which we shall Complain, shall induce Virginia to adopt a more Just, equitable, and friendly system, We have no resentments which we cannot readily and chearfully Sacrifice to the general in- terests.


But if Pennsylvania must arm for her internal defence, instead of recruiting her Continental line; if her attention and supplies must be diverted in like manner; if the common enemy, encouraged by our division, should prolong the War; Interests of our sister States and the common cause be injured or distressed; we trust we shall stand justly acquitted before them and the whole World; and if the effusion of human blood is to be the result of this unhappy dispute, We humbly trust that the great Governor of the Universe, who delights in peace, equity and Justice, will not impute it to us. Confiding in his protection and the Justness of our Cause, we shall endeavour to defend and preserve the Citizens of this State from farther violence, and if necessary, repel force with force; with what success we presume not to say. It is sufficient for us that oppres- sion, Tyranny and injustice are the same, from whatever hands they proceed, and that no change or situation can be more disgraceful or distressing.


In Council.


PHILAD'A, Saturday, March 25th, 1780. PRESENT :


His Excellency JOSEPH REED, esquire, President.


Hon'ble Mr. Lacey, Mr. Read,


Mr. Thompson, and


Mr. Whitehill.


Mr. Arndt,


The petition of divers inhabitants of the State, who are desirous of partaking of the great advantage of the Bridge Erected over Schuylkill, was read; in which petition it is in effect set forth that many advantages will arise from a road to be laid out from Derby


293


SUPREME EXECUTIVE COUNCIL.


road to Lancaster road, near the middle Ferry, to cross the Mill- creek at the Rocks ; And the petitioners "pray the Council that suitable measures may be taken that such a road may be laid out, and recorded as a public highway," on the place aforesaid.




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.