USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XII > Part 34
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A Supercedias issued to Benjamin Weiser and Wilton Atkinson, Esq'rs, Justices of the peace for the County of Northumberland, now under impeachment before this Board.
375
SUPREME EXECUTIVE COUNCIL.
In Council.
PHILAD'A, Monday, June 5th, 1780.
PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Lacey, Mr. Gardner, Mr. Scott,
Mr. Hambright, &
Mr. Arndt, (now first returned from his family.)
An order was drawn on the Treasurer in favour of Mr. Andrew Doz, Commissioner of purchases for the City of Philadelphia, for the sum of five thousand pounds of the money emitted by an Act of the General Assembly, passed at Philadelphia the 26th day of March last, entitled "an Act for striking the sum of one hun- dred thousand pounds, &ca."
Resolved, That the Lieutenants of the City and County of Phila- delphia, Counties of Chester and Bucks, be directed to proceed im- mediately on the execution of the Law for the greater ease of the Militia, and the more speedy and effectual defence of this State; that as the Men are provided they be sent to the care of Colonel Nichola ; that the Lieutenants inform the Council from time to time of their proceedings; and that the Volunteers be provided in the County with Arms and accoutrements, the same to be brought into the assessment, unless there are these articles of State property to be found within the district; That the Lieutenants and Sub- Lieutenants be requested to direct the subsistence of the Men untill they reach this City.
The following transcripts of the Records of conviction in the county of Cumberland were read, Vizt :
Benjamin Nugent and James Nugent, convicted of highway Robbery at a Court of Oyerand Terminer & General Goal delivery held at Carlisle, for the County of Cumberland, on the 22nd day of May last, and sentenced by the said Court to be hanged by the Neck untill they are severally dead.
James Roberts, convicted at the said Court of passing coun- terfeit Money, knowing it to be such, & Sentenced by the said Court to be hanged by the Neck untill he be dead.
William Richardson, convicted at the said Court of Felony, and sentenced by the said Court to be hanged by the Neck untill he be dead.
On consideration,
Ordered, 'T'hat the said sentence be executed on them-the said Benjamin Nugent, James Nugent and James Roberts-on Satur- day the 17th day of June instant, between the hours of Ten of
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the Clock in the forenoon & two of the Clock in the afternoon of the same day, at the usual place of Execution.
Ordered, That the Case of William Richardson be referred for farther consideration.
Andrew Doz, Esq'r, appointed Commissioner of purchases under the late act of Assembly, and forty Certificates delivered him.
David Deshler & John Hay, Jun'r, Esq'rs, appointed Commis- sioners of purchases under the late act of Assembly, and fifty cer- tificates delivered to the former, and forty-eight to the latter.
In Council.
PHILAD'A, Tuesday, June 6th, 1780. PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Lacey,
Mr. Hambright, and
Mr. Gardner,
Mr. Scott.
Mr. Arndt,
The following orders were drawn on the Treasurer, Vizt :
In favour of his excellency the President, for the sum of two thousand pounds, in part of his salary, for which he is to account.
In favour of the Hon'ble William Moore, Esq'r, Vice President, for the sum of two thousand pounds, in part of his salary, for which he is to account.
In favour of the Hon'ble John Lacey, Jun'r, Esq'r, for the sum of three thousand dollars, in part of his pay as a Member of this Board, for which he his to account.
In favour of Captain Nathan Boys, for the sum of six thousand three hundred & seventy-three pounds ten shillings, amount of money due to the Officers and Men of the Gallies in lieu of their rations and refreshments from the sixth day of May last, to the third day of June instant, and sundry accounts for articles pur- chased by him for the Expedition down the Bay.
In favour of Captain Nathan Boys, for the sum of two hundred and one pounds seven shillings and six pence, amount of pay due to the Officers and Men of the Gallies from the 1st day of May last to the 1st day of June Inst.
A return of Justices of the Peace in Rye Township, in the County of Cumberland, was read, whereby it appears that David English, Jun'r, had forty-nine votes, and Samuel Gowdy sixteen votes ; thereupon.
Ordered, That David English, Junior, Esq'r, be appointed a Justice of peace for the said County, and that he be Commis- sioned accordingly.
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SUPREME EXECUTIVE COUNCIL.
WHEREAS, In the present state of publick affairs, it may be necessary to make extraordinary exertions for the supply of the Army, and supporting other measures which may be adopted for the safety and security of the state in its freedom and independence, and it will be just & reasonable that, in the execution of such measures, a discrimination sho'd be made between those who have manifested their attachment to their country in the present con- test with Great Britain and those of a contrary character; Where- upon,
Resolved, That it be recommended to all persons who have shewn their allegiance to the State by taking an oath or affirmation of Fidelity to it, and of their abjuration of the King of Great Bri- tain, to keep their certificates thereof ready to be produced on the shortest Notice ; And to all persons who have lost their certificates to obtain duplicates, or to give such assurances so as to obtain cer. tificates, or they may be in danger of losing the indulgence and distinction to which they are justly entitled.
WHEREAS, The residence of the wives & children of those per- sons who have Joined the enemy, has at all times proved inconve- nient to the publick interests, in consequence of the correspondence and intercourse which has been constantly preserved, and as it is now become too dangerous to be longer permitted or connived at :
Resolved, That publick notice be given to such persons, that they depart this State within Ten days, and any of them remaining after that time will not be deemed as entitled to any protection, but liable to be proceeded against as enemies of the State.
Resolved also, That any person bringing from or carrying any letters to New York or other places, in the possession of the eme- my, unless the same shall be inspected by some Member of this Board or of the Continental Board of War, or Commissary of Prisoners, and such inspection endorsed on the outside of said let- ter, be proceeded against as offenders, and that it be recommended to any person discovering such practice, to apprehend the delin- quent, and take him or her before any Justice of the peace, who is directed to commit or her to prison 'till the farther order of this Board.
The conviction of Negro Sucky for arson, and Margaret Mat- thews for Burglary, in the County of Cumberland, being read,
Resolved, That the former stand for father consideration, and that a pardon be granted to the latter, the circumstances appearing to be favourable to the prisoner, and she being particularly recom- mended as an object of Mercy.
A Letter from Colonel Brodhead, dated the 13th day of May last, was read.
A resolution of the Hon'ble Congress, dated the 1st day of June inst, containing an acknowledgment of the Exertions of this Board, was read, & ordered to be filed.
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A letter from his Excellency the President of Congress, con- taining a resolution of the first of June, 1780, that any supplies furnished beyond the requisition of the 25th day of February last, by any State, should be credited on a future requisition, or in lieu of the like value of other articles, or paid for, with Interest, at the rate of 6 per cent., at the Election of the State, was read and filed.
An order was drawn on the Treasurer in favour of William An- derson, for the sum of twelve hundred and thirty-six pounds seven shillings & six pence, agreeable to the following account :
Dr. The State of Pennsylvania, To William Anderson.
For 2 months and a half services at Mud Island, Vizt : from the 15th day of March last to the 1st day of June, at one hundred pounds per month, £250
To provisions purchased for the use of the said Is- land, -
586 7 6
To Charles Fleming, 22 months, at &£80, -
- 200
To Edward Cochran, do - - 200
£1,236 7 6
June 1st, 1780.
Signed, WILLIAM ANDERSON.
In Council.
PHILAD'A, Wednesday, June 7th, 1780. PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Lacey, Mr. Gardner,
Mr. Arndt,
Mr. Hambright, and
Mr. Scott.
Resolved, That the sheriff of the City & County of Philadel- phia bring Alexander Mills before this Board forthwith, to answer a complaint against him for Maliciously and advisedly discouraging the people from enlisting into the service of this Commonwealth, and endeavouring to prevent the measures carrying on in support of the Freedom and independence of the United States of America,
A return of an election for Justices for Germantown Township, by which it appears that John Howell & Joseph Ferree were elected; Whereupon,
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SUPREME EXECUTIVE COUNCIL.
Resolved, That John Howell, Esquire, be appointed a Justice of the peace for the County of Philadelphia, and that he be commis- sioned accordingly.
WHEREAS, It appears to this Board that the Commissioners of Taxes in some counties have mistaken the law imposing the penalty of a double Tax on those who have not made returns of their pro- perty, excusing such persons from the penalty, which they ought not to have done; Wherefore,
Resolved, That such Commissioners do proceed on the said Taxes, enforcing the said penalty on the Monthly Taxes, as in the case of the forty-five Million Tax.
In Council.
PHILAD'A, Thursday, June 8th, 1780.
PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Lacey, Mr. Gardner,
Mr. Hambright, and
Mr. Scott.
Mr. Arndt,
The following two orders were drawn on the Treasurer, Vizt : In favour of the Hon'ble John Hambright, for the sum of ten thou- sand pounds, to be forwarded to Colonel Samuel Hunter, Lieuten- ant of the County of Northumberland, for recuiting the Company of Rangers, and other purposes, for which sum the s'd Lieutenant is to be accountable.
In favour of the Hon'ble John Hambright, Esq'r, for the sum of four hundred pounds, money advanced by him to James Mc- Mahon, Esq'r, Waggon Master of the County of Northumberland, on the 14th day of June, 1778, for paying for the Transportation of the publick stores to the said County, as per receipt.
A petition signed by James Dunn and others, complaining of an irregularity in the election of the Lieutenant Colonel of the eight Battalion of the Militia of Chester County, was read; Where- upon,
Resolved, That this Board will hear the said petitioners at any time they may attend to support their petition, they giving ten days' Notice of the time to the Judges and Inspectors of the election, and that in the meantime the Commission to be granted to the persons returned, subject to the determination of this Board hereafter.
Alexander Mills having been brought before this Board and ex- amined, touching the charge against him, was reprimanded and dis- missed, having promised to be more circumspect in future.
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A letter from the Hon'ble Committee of Congress, at Camp, dated the 2d of June, 1780, enumerating sundry demands for the Army the ensuing Campaign, was read, an abstract whereof is as follows, Vizt : Five thousand barrels of Flour monthly ; One thousand whereof to be delivered at Easton, one thousand at Coryell's Ferry, and remainder at Trenton. One hundred & sixty-six thousand eight hundred and thirty-five pound weight of beef or pork monthly, to be delivered in Philadelphia. Thirty thousand pound weight of Bacon, in three equal monthly parcels, to the last of September; two hundred & twenty five hogsheads of Rum per month, delivered at the Army; Nine thousand one hundred and forty-two bushels of Grain, for forage per month, fifteen hundred of which to be delivered at Eas- ton, fifteen hundred at Coryell's ferry, and the remainder at Tren- ton : Two hundred and fifty Waggons, with harness compleat, four horses to each, and fifteen hundred Horses without Harness ; all these to be attached to the Army, and delivered by the first of July next, to the Quarter Master General ; the Beef, Bacon and Horses to be deemed 'additional to those stated in the act of Con- gress of the 25th of Nov'r last. Besides which, one hundred & fifty Waggons to be constantly employed for ninety days ; besides which, a Body of Militia of three thousand four hundred & sixty- five rank and file to be called out for three months, to rendezvous as the General shall direct.
The Board taking into consideration the state of the Army in linnen and overalls,
Resolved, That Mr. Turnbull be directed to purchase a quantity of suitable linnen to make 2000 shirts, and as many pair of over- alls, and receive a draught on the Treasurer to the amount.
A petition of John Swanwick being read,
Resolved, That Mr. Swanwick, being of years of discretion, and at his own disposal, is not included in the resolve of the Board of the 6th instant, and that the other part of his petition cannot be complied with.
A deed was examined and signed by his Excellency the Presi- dent to Samuel Flack and Joseph Flack, conveying a Messuage or Tenement and two tracts or pieces of land, one of them situate in Warwick Township in the County of Bucks, and bounded as fol- lows, that is to say: beginning at a stone in the line of John Rob- inson's land, south forty-nine degrees east perches and a half, to a stone in the middle of a road, called Butler's Mill road ; thence along the middle of the said road north sixty degrees & a half cast nineteen perches and seven-tenths of a perch, to a stone in the middle of another road, called Dyer's road ; thence along the mid- dle of the said road north 4 degrees West 20 perches and two- tenths of a perch, to a stone in the line of Adam Kerr's and John Robinson's land ; thence by the said John Robinson's land by the the next described tract south forty-three degrees West 32 perches
381
SUPREME EXECUTIVE COUNCIL.
and a half to the place of beginning ; containing about two acres, be the same within the bounds above described, more or less.
And the other of the said tracts, situate in the Township of New Britain, in the County aforesaid, bounded as follows, to wit : Beginning at a Hickory Sapling, in the line of the last described tract ; thence by land of the said John Robinson and of Nathan Preston North forty-nine degrees West 320 perches, to a stone at a corner in the said Nathan Preston's land; thence still by the said Nathan Preston's land south forty-three degrees West 21 perches, to a stone, a corner of William Dungan's land ; thence by the same south forty-nine degrees east 320 perches, to a stone, a corner of the first described tract ; thence by the said first described Tract North 43 degrees east 21 perches, to the place of beginning; containing about 42 acres, be the same within the said described bounds, more or less, late the estate of Richard Swanwick, Seized and sold agreeable to law, on the 24th day of August last, for the sum of £7,300, to the said Samuel and Joseph Flack, which sum they have paid into the hands of the Agents for forfeited Estates in the said county. Deed dated Sth day June instant.
A deed was examined and signed by his Excellency the Presi- dent to Samuel Mckinstry, conveying a certain tract of land situate in Hilltown Township, in the County of Bucks, and bounded as follows, that is to say : Beginning at a stone in the line of Thomas Jones's land ; thence by land of Benjamin Vastine North 47 de- grees West 146 perches and nine-tenths of a perch, to a post, a corner of Jonathan Jones's land; thence by the said Jonathan Jones's land the four following courses & distances, to wit : North 31 degrees and forty-five minutes East 27 perches and four-tenths of a perch ; thence north 65 degrees thirty minutes east 29 perches and six-tenths of a perch; thence south 38 degrees fifteen minutes east 34 perches ; thence north forty-nine degrees 30 minutes east 99 perches, to Erasmus Kelly's land; thence by the same south forty-six degrees 45 minutes east ninety perches, to a stone at a corner of the aforesaid Thomas Jones's land ; thence by the same south 40 degrees West 138 perches, more or less, to the place of beginning; containing about 100 acres and 159 perches of land, be the same within the above described bounds more or less, late the Estate of Edward Jones, seized and sold agreeable to law, on the 24th day of August last, to the said Samuel Mckinstry, for the sum of £4,740 consideration money, which sum he hath paid into the hands of the Agents for forfeited Estates in the said County. Deed dated the 8th day of June instant.
An order was drawn on the Treasurer in favour of Colonel Lewis Farmer, for the sum of 30,000 pounds, for purchasing the enu- merated articles for the use of the Troops of the Pennsylvania line, for which he is to account.
A petition from the officers and assessors of three upper districts of * : * Dock ward, being considered, and the law referred to
1
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MINUTES OF THE
being also examined, The Board are of opinion that the inequality complained of can only be rectified by an alteration of the Law, which is the province of the house of Assembly; and that the representation is worthy the attention of the house, & cn which they will doubtless be relieved ; but that in the present exigencies of publick affairs, it be recommended to the officers and assessors to proceed as other companies do, and make application to the house at next sessions, equalize the Burthen so as to reimburse the present partial ad- vance.
William Palfrey, Esq'r, Paymaster General, presented to the Council an order of Congress, in the following Words, Vizt :
IN CONGRESS, April 20th, 1780.
Gentlemen :- Please to pay Jonathan Burrall, assistant to Wil- liam Palfrey, Esquire, paymaster Gen'l, or his order, on account of the said William Palfrey, the sum of 20,000 dollars, part of Monies raised in the State of Pennsylv'a for the use of the United States, to be applied in the department of the said pay- master Gen'l, & for which sum he is to be accountable.
By order of Congress.
SAMUEL HUNTINGDON, Presid't.
To his Excellency the Presid't of the Hon'e the Supreme Ex'e Council of the Commonwealth of Pennsylv'a.
Entered in the Auditor General's Office the 22d of April, 1780. JOSEPH NOURSE, A. A. G'l.
The same being read and considered ; thereupon,
Ordered, That the Treasurer be directed to pay the aforesaid draft of Congress in favour of Jonathan Burrall, assistant to Wil- liam Palfrey, Esq'r, paymaster Gen'l, and the order for so doing be endorsed on the said draft in the following words, Vizt :
In Council.
PHILAD'A, Friday, June 9th, 1780.
For 20,000 dollars.
SIR :- Pay to William Palfrey, Esq'r, paymaster General of the Army of the United States, the sum of 20,000 dollars, agreeable to the within order of Congress, and charge the same to the United States of America.
JOSEPH REED, Presid't.
To David Rittenhouse, Esq'r, Trea'r.
A deed was examined and signed by his Excell'y the President, to James Little, conveying one moiety or equal half part of a cer- tain lott of ground and three brick Tenements, situate on the east side of Second street, in the district of Southwark, containing
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SUPREME EXECUTIVE COUNCIL.
in front on Second street thirty-six feet, and in depth two hundred feet, Bounded as follows, Vizt : West by Second street, North by Henry Dougherty, East by David Savage & others, and South by William Basset; The whole subject to a ground rent of £3 12, Pennsylvania currency, payable to Francis Garrigues, late the estate of John Bartlett; seized and sold agreeable to law, to the said James Little, for the sum of £1,100 consideration money, which sum he hath paid into the hands of the Agents for forfeited Estates in the said County. Deed dated the 8th day of June instant.
A petition was read signed by sundry Gentlemen heretofore ofi- cers in the Continental service, praying leave to form themselves into a separate Independent Corps, for the publick service ; and also to add such Gentlemen as may incline to enter said Corps on the establishm't set forth in the said petition ; and after some time spent thereon, it was referred, that the members may have time to inform themselves what probable effects it will have on the Militia ; and also for farther consideration.
The Council taking into consideration the letter from the Hon'e Committee of Congress at camp calling upon this State in the most pressing terms, for specific supplies, as also the resolution of the Gen'l Assembly of the first instant, authorizing this Board to de- clare martial law in case of necessity ; thereupon,
Ordered, That a Proclamation be issued in the following words, Vizt :
By his Excellency JOSEPH REED, Esquire, President, and the Supreme Executive Council of the Commonwealth of Penn- sylvania :
A PROCLAMATION.
WHEREAS, The Hon'e house of Assembly in their last Session, duly sensible of the exigencies of War and the necessity of sudden and extraordinary exertions in times of special difficulty and danger, did vest in this Council a power to declare Martial law, for such purposes and so far as the same might be conducive to the publick security, and the safety and defence of the good and faithfull Citi- zens of this Commonwealth :
And Whereas, Since the passing the said resolution, the Hon'be Committee of Congress, now with the Army, and his Excell'y the Commander-in-Chief, have in the most pressing and cogent terms represented the absolute necessity of procuring certain enumerated supplies for the Army, in so short a space of time that the usual and ordinary forms must be dispensed with, or the requisition re- main unexecuted, and the late offensive movement of the enemy, of which certain intelligence has been just received, admits of no delay in procuring a number of horses and Waggons, to be forwarded with all expedition to Camp :
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And whereas, The indiscriminate admission of all strangers into this City without examination or enquiry, enables our artful and in- veterate enemy to introduce their spies and emissaries, distribute their counterfeit money, and by such like practices defeat the best designs for the publick welfare, and can no longer, with a due regard to our own safety, be permitted or connived at; for the preventing whereof, we have thought proper to direct an office of enquiry to be opened, and Commissioners to be appointed, with power and authority to apprehend all suspicious persons, and take such other measures as the publick safety may require : Wherefore, for the purposes afore- said and no farther at present, we have thought proper, and do hereby declare Martial law, authorizing and requiring the persons by us to be appointed, to proceed as they may be specially directed from time to time, to execute the purposes aforesaid, for all which, this our Proclamation shall be their sufficient Warrant and authority. And we do in like manner require all Officers, Civil and Military, and all other the faithful inhabitants of this Commonwealth, to aid & assist them therein, as they tender their own welfare and safety, and as they will answer the contrary at their peril.
Given by order of the Council, under the hand of his Excellency JOSEPH REED, Esq'r, President, and the Seal of the State, at Philadelphia, this ninth day of June, in the year of our Lord 1780.
Attest-T'Y MATLACK, Sec'y. JOSEPH REED, President.
GOD SAVE THE PEOPLE.
In Council.
PHILAD'A, Saturday, June 10th, 1780., PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Lacey, Mr. Gardner, Mr. Arndt,
Mr. Hambright, and Mr. Scott.
Philip Bahl having resigned his office of Sub-Lieutenant of the County of Northampton,
Resolved, That John Hayes, Jun'r, Esquire, be appointed in his stead, and that he be commissioned accordingly.
The Petition of John Coogler, now in custody as a disaffected person, being read and considered,
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SUPREME EXECUTIVE COUNCIL.
Resolved, That he and his wife be released, on the following con- ditions, Vizt : that they give security for their good behaviour, John Coogler for himself and, wife in thirty thousand pounds, & two sureties in fifteen thousand pounds each, that they enter into security not to keep a Ferry themselves, and pay all charges which have attended their arrest & commitment.
In Council.
PHILAD'A, Monday, June 12th, 1780. PRESENT :
His Excellency JOSEPH REED, Esquire, President. Hon'ble the Vice President.
Mr. Gardner, Mr. Arndt,
Mr Hambright, and Mr. Scott.
An order was drawn on the Treasurer in favour of the Hon'ble Thomas Scott, Esq'r, for the sum of £2,000, 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 Mr. William Turnbull, for the sum of £100,000, for purchasing linnen for making shirts and overalls for the use of the Troops of the Pennsylvania line, for which he is to account.
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