USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XII > Part 33
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Altho' the state of the Treasury will not admit of the immediate payment of this order, yet as Mr. Wilkinson agrees to receive the money as it shall come into the Treasury,
Ordered, That the 'Treasurer be directed to pay the aforesaid draft of Congress in favor of James Wilkinson, Esq'r, Clothier Gen'l, and that the order for so doing be endorsed on the said draft in the following words, Vizt :
In Council, Philad'a, Friday, May 26th, 1780.
For 40,000 dollars.
Sir :- Pay to James Wilkinson, Esq'r, Clothier General, or his order, the sum of forty thousand dollars, agreeable to the within draft, and charge the same to the United States of America.
To DAVID RITTENHOUSE, Esq'r, Treasurer.
The following Orders were drawn on the Treasurer, Vizt :
In favour of William McCalla, Esq'r, Commissioner of purchases for the County of Bucks, for the sum of fourteen hundred and fifty
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MINUTES OF THE
pounds of the Money emitted by an act of General Assembly, passed at Philadelphia the 25th day of March last, entitled " An " Act for striking the sum of one hundred thousand pounds for the "present support of the Army, &ca."
In favour of Nicholas Lutz, Esq'r, Commissioner of purchases in the County of Berks, for the sum of fourteen hundred and fifty pounds of the money aforesaid.
In favour of Christian Wertz, Esq'r, Commissioner of purchases for the County of Lancaster, for the sum of two thousand six hun- dred and fifty pounds of the money aforesaid.
In favour of David Deshler, Esq'r, Commissioner of purchases for the County of Northampton, for the sum of one thousand & seventy-five pounds of the money aforesaid.
In favour of Colonel Lewis Farmer, for the sum of two thou- sand nine hundred & fifty-three dollars, amount of sundry expences at Billingsport.
In favour of the Hon'ble William Moore, Esq'r, Vice President, or his order, for the sum of five hundred pounds, in part of his salary, for which he is to account.
Ordered, That a special Commission be granted to Daniel Hand, Esq'r, to Justify him in repelling and making reprisals on the enemy with an armed boat called the George, but not to authorize him, or any Officers under him, to claim any of the advantages or emoluments allowed by act of Assembly to the officers & privates in the Naval Service of this State.
In Council.
PHILAD'A, Saturday, May 27th, 1780.
PRESENT :
His Excellency JOSEPH REED, E'sq'r, President.
Hon'ble the Vice President.
Mr. Lacey, Mr. Gardner, and
Mr. Scott.
The petition of Andrew Darkess was read, praying remission of a fine of seven hundred pounds laid on him by the City Court for Felony.
On consideration,
Ordered, That the said fine be remitted.
The petition of Mary O'Harra, praying remission of a fine of one hundred pounds laid on her by the City Court for felony, was read.
·
365
SUPREME EXECUTIVE COUNCIL.
On consideration,
Ordered, That the said fine be remitted.
The Petition of Joseph Myers, praying a pass into New Jersey to give Testimony on a oase in hearing in that State, was read; and the same was granted.
An order was drawn on the Treasurer in favour of Brigadier General James Potter, Esquire, for the sum of five hundred and fifty pounds, for his expences in coming to Philadelphia to lay the state of the frontier counties before the house of Assembly .- See resolve of the House of the twenty-sixth instant afterw'ds.
Resolved, That the several Commissioners do proceed in the purchase of the articles for the supply of the Army under the act of Assembly, procuring the same at the cheapest and most rea- sonable rates; That they obtain an official information of the officer appointed to receive the said supply, the same being for the present to be furnished at the following posts, Vizt : First, Phila- delphia ; second, Easton ; third, Reading; fourth, Lebanon ; fifth, Lancaster; sixth, Sunbury; seventh, Estherton; eighth, York Town; Ninth, Carlisle : and that they give this Board constant informa- tion of their progress in the said business.
The following four resolves of the Hon'ble House of General Assembly were received, Vizt :
In Gen'l Assembly.
Thursday, May 25, 1780-P. M.
The Petition of Mary Murry was read the second time, and re- ferred to the Supreme Executive Council, with the recommenda- tion of this House in her favour.
Friday, May 26th, 1780-P. M.
On motion,
Resolved, That it be recommended to the Supreme Executive Council to defer the sale of the estate commonly called Græme Park, which Mrs. Ferguson now resides on, and that the said Eliza- beth Ferguson be permitted to live rent free thereon, under the in- dulgence of the Commonwealth, she paying the Taxes.
Resolved, That it be recommended to the Supreme Executive Council to make such allowance to Brigadier General James Potter, Esq'r, for his travelling expences in coming to Philadelphia to lay the state of the Frontier counties before this house, as to them shall appear Just and reasonable.
Saturday, May 27th, 1780-A. M.
WHEREAS, by an application of a number of the Inhabitants of Northumberland County to this house, it appears that it has been absolutely necessary for the support of the Troops now stationed
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MINUTES OF THE
in that County, to purchase and procure, at their own private ex- pence, the supplies necessary for them ; therefore,
Resolved, That the Commissioner of purchases for that County be and is hereby authorised and required, as soon as publick Money shall be in his hands, to adjust and settle and pay off all accounts of such purchases as shall appear Just, and properly attested ; And that the President or Vice President in Council, be requested to direct the said Commissioner to proceed to purchase Beef, and whatever else may be necessary to the supply of the said Troops, or any Troops that may be raised and employed on the frontiers, altho' not specifically required of this State by Congress.
Extract from the Minutes.
THOS. PAINE, Cl'k of Gen'l Assem'y.
On consideration of the resolves of the Hon'ble house of Gen'I Assembly, respecting Mrs. Murray and respecting Mrs. Ferguson, The following Message was prepared, and Ordered to be signed by the President & presented to the Gen'l Assembly :
Message from the President and Council to the representatives of the Freemen of Pennsylvania in General Assembly met.
Gentlemen :--- We should be wanting in duty to our station, as well as regard to the interests of the State, if we did not express our concern at the interference of your Hon'ble House in matters merely of an Executive nature, and which have been already under the cognizance of this Board, and received a full determination.
The importunity of the petitioners has doubtless operated upon the indulgence of the house, but we flatter ourselves they rely upon the wisdom and spirit of Council in refusing the applications, where they appear inconsistent with plain positive law, or the rights of the Council, as declared by the constitution.
Three instances have occurred in the present session, and as they have an evident tendency to lessen the weight and importance of the Council in the Eyes of the people, we cannot but request your Hon'ble house to consider what our feelings are on such occasions, and to recollect with what proper Jealousy a former house viewed even the appearance of this Board interfering in their deliberations.
The case of Mrs. Murray was fully considered by the Council, and we found ourselves restrained by a law of the State, from giving the relief desired, if the circumstances had otherwise warranted it; this law is yet in full force, nor can any act of ours, or even a vote of the house, legally dispence with or annul it. We cannot sup- pose that the Legislative wish to acquire popularity at the expence of the Executive authority, much less that they would furnish the Enemies of the Government with a proof of the dangers arising from a single branch of Legislature, which has been so often and frequently asserted. But is most evident that both these are con- sequences flowing from this kind of interposition, and that we con-
1.
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SUPREME EXECUTIVE COUNCIL.
sult the real interests of the State in thus laying before you our sentiments on this important subject, which we more readily do, as we are persuaded from your known candour, that it will not. only tend to preserve the harmony which has so happily subsisted between us, but relieve the Hon'ble house from the insupportable burthen which must there considering every particular case that will be thus laid before them, by way of appeal from our determinations.
JOSEPH REED, President.
Council Chamber, Philad'a, May 27th, 1780,
The Council proceeded to nominate the officers of the Ranging Company for the County of Westmoreland, and the following Gen- tlemen were chosen, Vizt : William Guthrie, Captain ; Thomas Stokely, Lieutenant and Ensign.
An order was drawn on the Treasurer in favour of Frederick Antis, Esq'r, Commissioner of purchases for the County of North- umberland, for the sum of five hundred and twelve pounds ten shillings of the Money emitted by act of Gen'l Assembly, passed the 25th March last, intitled "an act for striking one hundred thousand pounds, &ca."
In Council.
PHILAD'A, Monday, May 29th, 1780. PRESENT :
His Excellency the President.
Honourable the Vice President.
Mr. Lacy, Mr. Scott, and
Mr. Gardner.
An order was drawn on the Treasurer. in favour of his Excel- Iency the Presid't, for the sum of five thousand pounds, in part of his salary, and place the same to his account.
An order was drawn on the Treasurer in favor of Colonel Lewis Farmer, or his order, for the sum of forty thousand pounds, for purchasing the enumerated articles for the use of the Troops of the Pennsylvania line, for which sum he is to be accountable.
An order was drawn on the Treasurer in favor of Captain Joseph Stiles, Commissary of Military Stores, for the sum of three thou- sand pounds, for the use of his department, and for which sum he is to be accountable.
A return of an election held for the City of Philadelphia, on Saturday the 27th instant, for choosing a Representative in the room of the Hon'ble George Bryan, Esq'r, appointed one of the Judges of the Supreme Court, was read, by which it appears that James Hutchinson, Esquire, was duly elected, &ca.
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A return of the vacancies which have happened in the Second Regiment of Pennsylvania, since May the first, 1780, was read (as follows, vizt :) Captain John Irwin, Vice Captain Jacob Ashmead, resigned, May the sixteenth ; Lieutenant John Stoy, Captain Lieu- tenant, vice Captain Lieutenant John Irwin, promoted, May the sixteenth ; Ensign Jacob M. De Hart, Lieutenant, vice Lieutenant John Stoy, promoted, May the 16th.
Signed Walter Stewart, Colonel, and Countersigned Wm. Irwine, Brigadier General.
Thomas James, one of the crew belonging to an armed boat belonging to New York, which has infested our Bay, was brought before the Council & examined. It appears he was found on board a vessel retaken in our River; and that the Commission under which his Captain (Hall) has acted, does not authorize him to act against America.
Ordered, That Mr. Thomas Bradford, deputy Commissary of Prisoners, be directed not to exchange the said Thomas James nor John Hand, John Roberson and John Ferris, taken at the same time.
An account of the expence of repairing the store at the corner of sixth street and Walnut strt., amounting to thirteen hundred and thirty pounds eighteen shillings, was laid before the Council, examined, and
Ordered, That Colonel William Henry, Lieutenant of the City of Philadelphia, be directed to pay the sum of one thousand three hundred and thirty pounds and eighteen shillings, the expence of repairing the Store house at the corner of Walnut strt. and Sixth street.
In Council.
PHILAD'A, Tuesday, May 30th, 1780. PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Lacy, Mr. Gardner, and
Mr. Scott.
A letter from his Excellency the Minister Plenipotentiary of France, dated this day, was read, and Monsieur Holker, Consul of France, being introduced to a conference with this Board,
Resolved, Upon due deliberation, that this Council do most chear- fully comply with the proposition made by the said Minister ; and an agreement having been drawn, to be entered into by Monsieur Cornay, Commissary of War for his most Christian Majesty, on the
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SUPREME EXECUTIVE COUNCIL.
one part, and Mr. Rittenhouse, Treasurer of the State, on the other part,
Ordered, That the said Mr. Rittenhouse do sign the same, and that his signature be binding on the State for the purposes therein mentioned.
The agreement is as follows, to Wit :
MEMORANDUM of an agreement between Monsieur De Cor- nay, Commissary of War to his most Christian Majesty, and David Rittenhouse, Esq'r, Treasurer of the State of Pennsylvania, under the advice and direction of his Excellency the President, and the Council of the said State, entered into by the said parties on the thirtieth day of May, Anno Domini 1780 : The said Treasurer to lend and pay to Monsieur De Cornay on demand, the sum of sev- enteen thousand pounds, of the money emitted by act of General Assembly of the said State, passed at Philadelphia, the twenty- fifth day of March last; the same to be repaid in the said Monies within three Months from the date of this agreement, with the in- terest arising thereupon, in specie : Or in case of Non-payment in the said bills, then the amount to be paid in specie, and so in pro- portion for a greater or lesser sum, to be estimated in Louis D'ors, at thirty-four shillings and six pence each : But in case of an ac- cident to the fleet of his most Christian Majesty, now expected on this coast, so as to prevent the same being paid, then the said sum of seventeen thousand pounds, with the interest arising thereupon, to be paid by Bills of exchange, at the rate aforesaid : Provided, That no act of the General Assembly shall depreciate or lessen the value of the said money, and in case the said money shall be so de- preciated, then the said sum to be repaid at the value to which it shall be depreciated ; And thereupon,
An order was drawn on the Treasurer in favor of Monsieur De Cornay, for the sum of seventeen thousand pounds, accordingly.
A letter from his Excellency the President of Congress, dated May the twenty-ninth instant, inclosing two acts of Congress of the twenty-sixth and twenty-seventh instant; "the former recom- ' mending to those of the States where debts are due to the inhabi- ' tants from the Quarter Master's and Commissaries' departments, by ' Notes or certificates, given as mentioned in the act; to make pro- ' vision for discounting and discharging such debts, by empowering ' the Collectors to receive them in the payment of the Taxes due to ' the first of March, in the manner prescribed in the act. The 'other act of the twenty-seventh, you will be informed of the mea- 'sure adopted by Congress to equip for sea the Naval force of the 'United States with the utmost expedition, as also their recommen- ' dation to the several States for promoting harmony and forward- 'ing the common views of France and America, as expressed in ' the resolution enclosed."
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MINUTES OF THE
Ordered, That the said letter and resolve be laid before the Hon'ble House of General Assembly.
Ordered, That William Evans, Esq'r, be appointed Commis- sioner of purchases for the County of Chester.
Application having been made by Monsieur Oster, Vice Consul of France, informing that some French sailors have deserted from the ships of his most Christian Majesty in the harbour, and that he has reason to believe they have been entered by some Masters of ships belonging to this Port, and that they are now concealed on Board vessels in the river,
Resolved, That the Justices of the peace of this State, or any one of them, do aid and assist persons suitably authorised by Monsieur Oster to search such Vessels and make due inquiry in the premis- ses ; and all Masters of Vessels are forbid to harbour or employ the said deserters, as they will answer the contrary at their peril.
In Council.
PHILAD'A, Wednesday, May 31st, 1780. PRESENT :
His Excellency the President.
Hon'ble the Vice Presid't.
Mr. Lacey, Mr. Gardner, &
Mr. Scott.
The following letters and papers respecting the State of the Army, Vizt :- A letter from the Hon'ble the Committee of Con- gress at Camp, of the 25th of May instant.
A letter from the said Committee of 25th May instant.
A letter from his Excellency General Washington of the 25th of May instant, and enclosed an address to the Soldiery from the enemy, to induce them to desert.
And the same being immediately sent into the Hon'ble House of General Assembly, a committee of the hon'ble house, consisting of the Speaker and five Members, attended in council, and a free conference thercon was had; during the conference a letter was re- ceived from Mr. Elsworth, General Armstrong and Mr. Duane, a Committee of Congress, requesting a Conference on the supplies for the Army; Whereupon, they were introduced into conference and read a letter from his Excellency Gen'l Washington, of the 27th in- stant, to Congress, stating his situation and difficulties.
371
SUPREME EXECUTIVE COUNCIL.
In Council.
PHILAD'A, Thursday, June 1st, 1780. PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Lacey, Mr. Gardner, and
Mr. Scott.
The following orders were drawn on the Treasurer, Vizt :- In favour of William Scott, Esq'r, Commissioner of purchases for the County of York, for the sum of one thousand three hundred pounds of the Money emitted by an act of the General Assembly, passed at Philadelphia the 25th day of March last, entitled " An act for striking the sum of one hundred thousand pounds for the present support of the Army, &c.," for which he is to account.
In favour of William Evans, Esq'r, Commissioner of purchases for the County of Chester, for the sum of one thousand eight hun- dred and twenty pounds of the Money aforesaid, for which he is to account.
In favor of Samuel Lyons, Esq'r, Commiss'r of purchases for the County of Cumberland, for the sum of one thousand three hundred pounds of the money aforesaid, for which he is to account.
In favour of Charles Cessna, Esq'r, Commiss'r of purchases for the county of Bedford, for the sum of five hundred pounds of the Money aforesaid, for which he is to account.
Ordered, That William Amberson, Esq'r, be appointed Com- missioner of purchases for the County of Westmoreland, in the room of John Allen ; and an order was drawn in his favour on the Treasurer for the sum of five hundred pounds of the money afore- said, for which he is to account.
The following resolve of the Hon'ble house of General Assembly was read, Vizt :
IN GENERAL ASSEMBLY OF PENNSYLVANIA, 1 Wednesday, May 30th, 1780.
Agreeably to the order of the day, the House went into the Election of two delegates in Congress, when Jared Ingersoll and Timothy Matlack, Esq'rs, were chosen by ballot, in addition to John Armstrong, James Searle, James M'Clene & Fred'k A. Muh- lenburgh.
And thereupon, a certificate was issued under the great seal and signed by his Excellency the Presid't.
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MINUTES OF THE
In Council.
Friday, June 2d, 1780, PHILAD'A.
PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Lacey,
Mr. Gardner, &
Mr. Scott.
The Board taking into consideration the necessity of immediately appointing persons to execute the act intitled "An Act for procu- ring an immediate supply of provisions for the Federal Army in its present exigency," the following persons were appointed, Vizt :- For Philad'a County, John Bull, Algernon Roberts, William Arm- strong, 56 certificates, 200; 150 Certificates, 100 do. Chester, Jobn Hannum, John Crosby, William Evans, Thomas Heslip, 400 do. Bucks, William M'Calla, Augustine Willet, Thomas Craig, Thomas Long, 200, 200 do 52. Berks, Nicholas Lutz, John Lesher, David Davis, 300 Certificates. Lancaster, Martin Bows- man, Philip Marsteller, Jacob Cook, James Messer, 400 do .-- · York, William Scott, 164 do. Northumberland, Fred'k Antis, 50 certificates.
An order was drawn on the Treasurer in favour of Colonel John Bull, Commissioner of purchases for the County of Philadelphia, for the sum of one thousand two hundred pounds of the money emitted by an act of General Assembly, passed at Philadelphia the twenty-sixth day of March last, entitled "An Act for striking the sum of one hundred thousand pounds for the present support of the Army, &c.," for which he is to account.
The Council resumed the consideration of the appointment of Lieutenants and Sub- Lieutenants in the several Counties.
Moved and agreed, that John Piper, Esquire, be appointed Lieu- tenant, and that Edward Combes, William Halliday, James Martin, and Robert Culbertson, be appointed Sub-Lieutenants of the coun- ty of Bedford.
Moved and agreed, that Archibald Lochry, Esquire, be appoint- ed Lieutenant; and that Charles Campbell, James Perry, Edward Cook, George Reading and Christopher Hayes, Esq'rs, be appoint- ed Sub-Lieutenants of the County of Westmoreland
An order was drawn in favour of Colonel Lewis Nichola, for the sum of one thousand one hundred & ninety pounds, amount of money due to Colonel Lewis Nichola, Captains Woelper and M'Il- hatton, and Lieutenants Honeyman, Wood and Pugh, in lieu of their rations & refreshments, from the 9th of April to the 7th of May last, inclusive.
1
SUPREME EXECUTIVE COUNCIL.
An order was drawn on the Treasurer in favour of George Evans, for the sum of five hundred pounds, for expenses accruing on the Brigade day of Militia.
The resolution of the House altering the Establishment of Companies of Rangers, was also read; Whereupon, the instruc- tions heretofore given were altered, & a copy sent to Mr. Lochry Lieutenant of Westmoreland, agreeable to said resolution.
An order was drawn on the Treasurer in favour of Samuel Sloan, Esq'r, for the sum of ten thousand pounds, to be by him paid to Archibald Lochry, Esquire, Lieutenant of the County of Westmore- land, for raising the Ranging Companies in the said county, for which the said Archibald Lochry is to be accountable.
The law for the greater ease of the Militia, and more speedy and effectual defence of the State, being also considered, the follow- ing arrangement was made of Men and officers, Vizt :
Battal's.
Men.
Com'ys.
Men.
Rem'g.
Capt's.
Lieut's.
Ens's.
Lancaster,
10
160
2
60
40
3
3
3
York,
8
128
2
60
8
2
2
2
Cumberland,
8
128
2
60
8
2
2
2
Berks,
6
96
1
60
36
1
2
2
Northampton,
6
96
1 60
36
1
2
2
Bedford,
4
64
1 60
4
1
1
1
Northumberland,
4
64
1
60
4
1
1
1
Westmoreland,
4
64
1
60
4
1
1
1
.
In Council.
PHILAD'A, Saturday, June 3d, 1780.
PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Lacey, Mr. Gardner, Mr. Scott, and
Mr. Hambright, (now first returned from his family.)
An order was drawn on the Treasurer in favour of Frederick Sneider, for the sum of five hundred & seventy-three pounds six shillings and three pence, amount of his account for his wages, for his attendance at the door from the first to the 31st day of May last, 31 days at forty dollars, and cash paid by him for sundry arti- cles for the use of the Council.
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An order was drawn in favour of John Lacey, Jun'r, Esq'r, for the sum of one hundred and six pounds twelve shillings and six pence, amount of expences of the Committee of this Board ap- pointed to examine and value the Bridge on the River Schuylkill.
The Petition of Richard Murthwait, a serjeant in the Invalid Regiment, was read, setting forth that he had been fined in the sum of fifty pounds for retailing spirituous, and praying remission of the same. A recommendation from the Colonel & others, officers of the said Regiment, being also read; On consideration,
Ordered, That the said fine be remitted.
The petition of Jehu Roberts, on behalf of himself and his seven sisters, praying the suspension of the sale of the Estate late of John Roberts, deceased, now forfeited to the use of the Com- monwealth, was read ; and the same was rejected.
The petition of Elinor Cornly, praying this Board to suspend the sale of the estate late belonging to her Husband, Joseph Cornly, an attainted Traitor, was read ; and the same was rejected.
General Irvine having signified the following vacancies and pro- motions,
Resolved, That John Irvine, Esq'r, be appointed Captain, vice Captain Jacob Ashmead, resigned; Lieutenant John Stoy to be Captain Lieutenant, vice John Irwin, Esq'r, promoted; Ensign Jacob M. Dehart, Lieutenant, vice Lieutenant John Stoy, pro- moted ; all the above Commissions to bear date the sixteenth of May last.
A letter from Samuel Rea, Esq'r, Lieutenant of the County of Northampton, was read, dated May the 20th last, praying a supply of ammunition.
A Report of the house of Assembly referring the claims of Jehu Ehre and others to this Board; also, a complaint against Jacob Eichelberger and Frederick Eichelberger for Malpractice ; also, an authority to this Board, in case of necessity, to declare Martial Law in this State.
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