Colonial records of Pennsylvania, Vol. XII, Part 37

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


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Given by order of Council, under the hand of his Excellency JO-


SEPH REED, Esq'r, President, and the seal of the State, at Philadelphia, the 5th day of July, in the year of our Lord one thousand seven hundred & eighty.


JOSEPH REED, President.


Attest-T'Y MATLACK, Sec' y.


GOD SAVE THE PEOPLE.


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SUPREME EXECUTIVE COUNCIL.


In Council.


PHILAD'A, Thursday, July 6th, 1780. PRESENT :


His Excellency the President.


Honb'e the Vice President.


Mr. Lacey, Mr. Arndt, and Mr. Thompson, Mr. Hambright.


Application being made by Mr. Physick to prolong the time of delivering up the books belonging to the late office of Receiver Gen'l; and the same being considered,


Resolved, That the time of delivery which, by a former resolve, expired this day, be prolonged to the 5th of August next, at which time it is expected that said Books be delivered to the Secretary of this Board.


James Searle, Esq'r, appointed a delegate in Congress the twen- tieth of November, 1778.


His pay from November 20th, 1778, to the 5th of April,


1779, is 135 days, at £5, £675


From April the 5th, 1779, to the 27th of November fol- lowing, is 231 days, at £9, - 2,079


1 From November 27th, 1779, to May 30th following, is 182 days, at £22 10, - 4,095


From May 30th to July 15th, 45 days, at £60, -


2,700


9,549


By cash received at sundry times, amount to 24,000 dol- lars -


9,000


Ballance due J. S., - 549


A Memorial from the Judge of the Admiralty, stating that the vice consul of France had applied to him for a general Warrant to search Vessels for French deserters, and praying the advice of this Board.


Resolved, That the same be referred to the Chief Justice, Mr. Justice Bryan, and the Attorney General, for their consideration & opinion.


An order was drawn on the Treasurer in favour of Thomas Craig, Commissioner of purchases for the county of Bucks, for the sum of £2,313, for expences in purchasing cattle for the use of the army, agreeable to an act of the General Assembly, passed the first day of June last.


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MINUTES OF THE


An order was drawn on the Treasurer in favour of Algernon Roberts, Commissioner of purchases for the county of Philadel- phia, for the sum of nine hund'd and forty-four dollars, for ex- pences in purchasing cattle for the use of the army, agreeable to an act of the General Assembly, passed the first day of June last.


An order was drawn on the Treasurer in favour of Mr. William Turnbull, for £75, for purchasing Blankets and other necessaries, for the use of the Troops of the Pennsylvania line, for which he is to account.


In Council.


PHILAD'A, Friday, July 7th, 1780. PRESENT :


His Excellency the President.


Hon'ble the Vice President.


Mr. Lacey, Mr. Arndt,


Mr. Hambright, and Mr. Gardner.


It appearing to this Board that Philip Riely, Levy McMurry, Thomas Warth, and James Morgan, Volunteers, inlisted in the pub- lick service, are now confined in Prison, under a complaint of Jo- seph Quarrell, a constable, for an assault and Battery,


Resolved, That the Attorney General be directed to enter a Nolle Prosequi on behalf of the State, on the said complaint, and that the said prisoners be delivered to the proper Officers, in order to proceed to Camp.


An order was drawn on the Treasurer in favour of the Hon'ble James Searle, Esq'r, for the sum of 40,000 dollars, for which he is to account.


Colonel Ephraim Blaine, Commissary General, returned a list of the several Commissaries and deputies where certificates ought to be received in Taxes, Vizt :


Return of the Assistant Commissaries of purchases who have acted under me in the State of Pennsylvania, those who now act and will receive live stock; also, the Names of Issuing Commissaries, who will receive other pro- visions at the Magazines where posts are established.


Counties.


Names of my former assistants.


Names of those who now act.


Issuing Commis- saries.


Magazines.


Philad'a, & City, Bucks, Chester,


Chaloner & White. Nicholson Patterson.


John Little. Mr. McCalla.


Henry Valentine. Do. Do.


City of Philad'a.


William Evans.


William Evans.


Christian Wertz.


Rob't Purdy.


Lancaster,


Nicholas Lutz.


Cornelius Coxe.


Lancaster. Estherton.


Berks,


Northampton, Northumberland, Do.


Cornelius Coxe. Peter Ashton. Rob't L. Hooper. William McClay. William Stewart. Henry Miller.


Peter Ashton. David Deshler. Wm. McClay. Will'm Stewart. William Scott.


M'l Harvey. Anderson J. Gray. John Whitzell. Will'm Stewart.


Easton. Sunbury. Wyoming.


York, Cumberland,


James Smith.


Samuel Lyon.


Alex'r Blaine. -


Carlisle.


Philad'a, July 6th, 1780.


EPHRAIM BLAINE, C. G. P.


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SUPREME EXECUTIVE COUNCIL.


John Brooks.


York Town.


Matthias Slough.


Reading.


1


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MINUTES OF THE


N. B .- As the counties of Westmoreland & Bedford were prin- cipally under the direction of Colonel Morgan, I am not acquainted with the persons who acted there ; but such demands as were made from those places were answered by Major Smith, of Cumberland, and Mr. McCallister, of Berkeley county, Virginia.


A letter was read from the President of Congress, dated the se- venth instant, inclosing a resolution of the 6th, for supplying this Board with Bills for £1,000 sterl., drawn on the Commissioners at Paris, agreeable to a request made yesterday, through the dele- gates.


Ordered, That the said letter and resolve be filed, and that said bill be drawn in favour of the President of this Board, to be ap- plied to the carrying into execution a resolution of the Hon'ble house of Assembly of this State, dated the 29th day of May last.


A letter from the President of Congress, dated June the 29th, urging the remittance of our proportion of Ten millions of dollars, as required by an act of Congress of the 19th of May last; also suggesting the expediency of loans in case of deficiency of Taxes ; also that blank Bills for the several States will be forwarded as soon as the acts are transmitted for carrying into effect the resolu- tion of the eighteenth day of March last.


Ordered, That the same be filed.


A petition from Jane Kerr, wife of Thomas Kerr, said to be convicted of misprision of Treason in the county of Cumberland, with the recommendation of sundry Inhabitants of the said county, was read, but there being no attested copy of the proceedings of the court, or recommendation from the Magistrates in court, be- fore whom the said Kerr was Tried, the same was dismissed.


AND WHEREAS, Sundry affidavits were offered to this Board, to the discredits of the Witnesses on the Tryal :


Resolved, That the same be not read, or in anywise regarded.


WHEREAS, Robert Story, heretofore convicted of Murder at Car- lisle, in the county of Cumberland, but strongly recommended for mercy, as well by the Justices of the Supreme Court as many re- putable inhabitants of the said county, was reprieved. untill the sitting of the next General Assembly, and nothing since appearing to require the execution of the said sentence passed on the said Robert Story, and his confinement being burthensome to the pub- lick,


Resolved, That he receive a pardon for said offence, on condition that he render himself to the Sheriff of the city and county of Philadelphia, within three weeks after the date of the said pardon, to enter on board one of the Ships of War belonging to the United States, and serve during the present War.


Mary Spangler, wife of George Spangler, convicted and execu- ted as a Spy, in 1778, having petitioned this Board to leave this State and proceed to New York with her family of three children, her Bedding, one Chest, and a small Box,


413


SUPREME EXECUTIVE COUNCIL.


Resolved, That a pass be granted her accordingly, to depart im- mediately.


The Attorney General having given his opinion to the Board that persons acting under a Commission from a British Governor to make captures on the Subjects of France, are not guilty of a breach of the laws of Nations in making capture of the property of the Subjects of the United States,


Resolved, 'That the Commissary of Prisoners do proceed to ex- change the refugees taken in the Delaware, any former order of this Board notwithstanding.


-


In Council.


PHILAD'A, Saturday, July 8th, 1780. PRESENT :


His Excellency the President.


Hon'ble the Vice President.


Mr. Gardner, Mr. Thompson, and


Mr. Arndt.


A deed was examined and signed by his Excellency the Presi- dent, to Benjamin George Eyre, conveying a certain tract or piece of land, situate in the Northern Liberties, in the county of Phil- adelphia, containing about one acre and twenty perches, according to a survey thereof, made by the direction of the s'd agents of said county ; Bounded as follows, to wit: Beginning at a corner of the Widow Norris's land; thence extending along Shakamaxon street North twenty-one degrees thirty minutes west seventeen perches and two-tenths of a perch to Frankford road ; thence along the said Frankford road North three degrees East fourteen perches and eight tenths of a perch to a corner of land of Jacob Shoema- ker and others; thence by the said land south twenty-five degrees east thirty perches and five-tenths of a perch to a corner of the said Widow Norris's land ; thence along the same south sixty five degrees west eight perches and one-tenth of a perch to the place of beginning ; containing about one acre and twenty perches of land, be the same more or less, within the said described bounds, late the estate of Samuel Shoemaker, forfeited to the use of the State and sold agreeable to Law, on the fifth day of May last, to the said Benjamin George Eyre, for the sum of £3700 lawfull Money of Pennsylvania, which sum he hath paid to the agents for forfeited Estates in the said County. Deed dated the eighth day of July instant.


The Consul of France and agent of Marine having applied to the Board for permission to Ship on board the Schooner Industry, Captain Patton, two hundred barrels of Flour, for the use of his most Christian Majesty's Fleet at Cape Francois,


414


MINUTES OF THE


Resolved, That the same be granted, and that the Naval Officer do clear out the same, agreeable to act of Assembly.


-


In Council.


PHILAD'A, Monday, July 10th, 1780. PRESENT :


His Excellency the President.


Hon'ble the Vice President.


Mr. Gardner,


Mr. Arndt, and


Mr. Hambright.


The Hon'ble the Speaker of the Assembly having met this Board, to carry into execution a resolution of that Hon'ble House, dated the twenty-ninth day of May last, for a foreign Loan of &200,000, the Hon'ble James Searle was appointed agent for that purpose, and a commission accordingly passed the great seal of this Com. monwealth ; which when compleated, was in the following words, Vizt:


State of Pennsylvania, in North America : His Excellency JOSEPH REED, Esq'r, President and Commander-in-Chief, The Hon'ble the Supreme Executive Council, and the Hon'ble John Bayard, Esq'r, Speaker of the General Assembly of the said State :


To all Christian Kings, Princes, Powers, States, Republicks, Cities, and Companies, and all others to whom these presents shall come, greeting :


WHEREAS, The Legislature of the said State of Pennsylvania, in their late Session, held at the State House in the city of Phila- delphia, did, on the 29th day of May last, resolve and declare as follows, Vizt :


Whereas, The present Just and necessary War was entered into for the attainment of the inestimable blessings of liberty, and secure enjoyment of property, the benefits whereof will extend not only to the present but future Generations ; and it is, therefore, highly reasonable that posterity should bear a proportion of the expences which have already accumulated upon us, with considerable incon- venience; And as the fluctuation of the Medium of Commerce has proved one of the greatest sources of the present evils, which it is our duty and desire to remedy as soon as possible :


Resolved, That the President or Vice President in Council, to- gether with the Speaker of this House, be authorized to procure, upon loan, from such persons as may be disposed to lend the same, & upon the most advantageous terms, a sum not exceeding two hundred thousand pounds sterling, in Specie.


Resolved, That the faith and honor of this State be most sol- emnly pledged to ratify any agreement to be made with the autho-


415 1


SUPREME EXECUTIVE COUNCIL.


rity aforesaid, with the purpose aforesaid ; and also for the hon- ourable and faithfull repayment of the sums so lent, with the Interest as aforesaid, according to the tenor of the contract or agreement so to be made in behalf of this State.


Resolved, That this house, at their next session, will provide by law specific funds for the immediate payment of the interest of the money so borrowed, or to be borrowed or contracted for, and also for the repayment of the principal thereof, as the same shall here- after become due.


We, therefore, the said President, the said Supreme Executive Council, and Speaker of the said house of Assembly, being duly and fully authorized as aforesaid, do nominate, constitute and ap- point the Hon'ble James Searle, Esq'r, one of the delegates of this State in the Hon'be in the Continental Congress of the United States of North America, late Chairman of the Commercial Com- mittee of the said Congress, one of the Trustees of the University of the said State, and Lieutenant Colonel of the Militia thereof, to be our agent, to Negociate and act in the most effectual and effica- cious manner as possible can be done, for the executing the act and resolution hereinbefore recited, and for that purpose and effect, do promise and engage, in the name and on behalf of the said State, that every contract and engagement into which he may enter for procuring the said sum of money, or any part thereof, and also in fixing the yearly interests and terms of repayment of the Capital or principal, shall be performed with all good faith, honor and punctu- ality ; and to the end, that he, the said James Searle, may give and pass, under his hand and seal, such obligatory acts, Bills of Exchange, or any other deed or instrument, as may be deemed ne- cessary and proper by the several contracting parties, by these presents most solemnly & inviolably binding and obliging this State to fulfill and acquit the same, agreeable and in strict con- formity to the conditions, terms and stipulations therein ex- pressed.


In testimony whereof, We the said President, the Members of the


said Supreme Executive Council, and the Speaker of the General Assembly of the said State, have respectively signed these pre- sents, and caused the great Seal of this Commonwealth to be hereunto affixed, at Philadelphia, this eighth day of July, in the year of our Lord 1780, and in the fifth year of the Independ- ence of these United States.


JOSEPH REED, President. WILLIAM MOORE, Vice Presid't. JOSEPH GARDNER, JACOB ARNDT, Members of JOHN HAMBRIGHT, the Council. JOHN LACEY,


JOHN BAYARD, Speaker of the Gen'l Assembly. Attest :- T'Y MATLACK, Sec'y.


416


MINUTES OF THE


Sundry instructions were also prepared and signed to accompany said commission, which are in the following words, vizt :


In Council, Philad'a, July 8th, 1780.


SIR :- You will herewith receive a commission or power of at- torney, under the Great Seal of the Commonwealth, to enable you to negociate a Loan for the special uses of this State; this power or authority is founded on a solemn act of the Legislature, and in pursuance thereof, you will with all convenient expedition depart for Europe on the above business, and proceeding to such coun- tries or states as you shall Judge most likely to favour your views, & negotiate with any publick bodies, private companies or Indi- viduals, the above mentioned loan. And in the prosecution thereof, you will please to conform to the following particulars :


First. That the sum to be borrowed' amount to two hundred thousand pounds sterling, if it can be obtained ; and if so much cannot be obtained, then as nearly that amount as possible.


Secondly. That the Interest upon the sum borrowed do not ex- ceed five per cent. per annum; if it can be obtained on better terms, it will be the greater advantage to the State.


'Thirdly. That the time of repayment of the principal do not exceed ten years, in which time it is presumed the interest and situation of the State may make it proper and convenient to reim- burse a part, if not the whole, of the principal.


Fourthly. You are to correspond constantly with the President, or in case of his death or absence, with the Vice President of the State, giving as particular and precise an account of your proceed- ings as may be.


Fifthly. Having succeeded, as we hope you will, in the impor- tant business intrusted to your care, you will dispose of the money procured in the following manner : First, you are to purchase cloathing and Military Stores, agreeable to an Invoice or order pre- sented you herewith, signed by the President of the Council. Secondly, The residue of the money after such purchase, to be ap- plied as follows, vizt : One-fourth part thereof to be remitted in Specie to the President and Council; one-fourth part to be laid out in such articles of Merchandize as will be most usefull and profitable, such as Coarse Linnens and Woollens, Sail-duck, Osna- brigs, one hundred chests of Bohea 'Tea, & twenty-five chests of Green.


Sixthly. The money and goods to be sent in Dutch bottoms, by way of St. Eustatia, addressed to the order of Curzon and Gover- nieur, Merchants there, whom you will advise particularly.


. But as this circuitous rout will greatly delay the supplies, which are much wanted, we leave to your Judgment and discretion to Ship on freight, if it can be done, in Vessels of not less than twen- ty-six Guns, nine pounders each ; or if no such opportunities of freight can be procured, we authorize you to charter two such Ves-


417


SUPREME EXECUTIVE COUNCIL.


sels for the special purpose, if you shall think proper, in either case assuring them of a return freight of the staple of this State, or of tobacco. And always to be understood, that in every event and case, the whole risque to be insured at the most favorable pre- mium.


To provide as fully as may be, we have furnished you with three blank commissions, such as are granted by Congress, and to be used by the vessels you may employ, if you shall judge it neces- sary.


Seventhly. If one or two good vessels of the above force can be procured at a reasonable price, we authorize you to make an optional bargain therefor, that is to say : the price being fixed, the State to have a choice here of taking such ship or ships at such price, either paying the outward freight or not, as you may agree.


Upon farther consideration of the sixth article, we leave to your discretion the choice of the agents at St. Eustatia, if you should think the publick may be better served by any other persons.


Wishing you a safe and pleasant voyage, and success in your negotiations, we remain Sir, your Obedient & very humb'e Serv'ts. JOSEPH REED, Presid't,


WILLIAM MOORE, Vice Presid't, JOHN BAYARD, Speaker Gen. Assem'y. JOSEPH GARDNER, JACOB ARNDT, JOHN HAMBRIGHT, JOHN LACEY.


An invoice of goods to be shipped on account of this State, was also prepared, read and agreed to, and the same directed to be sign- ed by the President, which is as follows, vizt :


Invoice of sundry articles to be purchased in behalf of the State of Pennsylvania by James Searle, Esq'r, for three hundred & fifty officers and six thousand privates :


350 Beaver Hats. 12,000 do. Felts. Regimentals. 20,000 good Blankets. 1750 yards & deep blue coating at 6s 2 Sterling per yard, for great Coats for Officers. 30,000 yards of ditto from ¿ to § ditto for privates. 6000 yards of Red do. at do. 875 yards of Blue broad cloth at 15s 2 per yard, for Coats for Officers. 875 yds. of white do. at do. for ditto. 55 pieces Blue & 35 pieces White Rattinets, at 50s Sterling per piece. 10 Scarlet ditto at 70s ditto. 70 Groce flat Regimental white metal coat buttons with shanks, and eighteen hundred groce Vest ditto at four Sterling per groce. Ten pounds best Scarf blue twist. Ten ditto scarlet and ten ditto white, at 27s per lb. Ten pounds best scarlet, ten pounds of blue, and ten pounds white sewing silk .- 15,000 yards deep blue § Broad Cloth, & 15,000 yards white ditto for Soldiers Cloathing, at 5s. 6 per yard. 200 pieces white Shal-


. VOL. XII .- 27


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MINUTES OF THE


loons at 35s. per piece, for lining. 100 pounds red, & 200 pounds white twist at eighteen shillings per pound. 1000 yards deep blue, and 1000 yards white & Cloth for non-commissioned officers, at Ss. per yard. 500 yards scarlet broad Cloth at 18s. per yard. 9000 yards red do. at 5s. 6 ditto. 150 yards scarlet do. at 9s. 6 do. 1000 p'ds best blue, 1000 pounds white, and 50 pounds red thread at 2s. 6. 8000 yards of brown buckrum, at 9d. 500 yards of white do. at 1s. 2. 2500 yards white, and 5000 yards red flannel, at 1s .- 500 pieces blue Strowd. 350 pair silk hose, white, at 14s. 700 pair white thread or cotton, at 5s. 350 pair white worsted do. at 4s. 300 pieces of Duck, fit for Tents. 21,000 pair of white yarn do. for Soldiers, at 1s. 6. 300 pieces of Gartering. 350 pair of Boots. 700 pair of good Shoes for Officers. 24,000 pair of strong Shoes for soldiers. 10,000 Ivory small teeth Combs. 10,000 large do. 4000 yards of linnen for Officers shirts, at 2s. 6 per yard .- 70,000 yards of ditto for soldiers, at 1s. 3. Cambrick suitable for one ruffled Shirt and three stocks for each Officer. Ditto for three stocks for each soldier. Twenty groce of wire shirt buttons. Suit- able thread for 1050 shirts for officers, and 18,000 shirts for pri- vates. 6000 pair plain steel shoe- Buckles for Soldiers. Six thou- sand pair Knee ditto, & 6000 stock buckles. 1000 best fusees. 1000 best rifles. 250 Carbines. 6000 pair of white metal sleeve buttons. 350 pair of worsted Gloves for Officers. 6000 pair of woollen Mitts for soldiers. 25,000 Ells of Oznabriggs. 400 Shoulder knots for Corporals, &ca. 5000 stand of good Muskuets, &c. 1000 Horse Pistols with Holsters. 100 Ream of writing paper, well sorted, with an assortment of Stationary. One thousand barrels of Musquet powder-100 pounds in each barrel. 250 Bar- rels of Cannon Powder. Five tons of bar lead. 1,000,000 of best oil flints. 1000 Razors with shaving boxes. 6000 Cuttoe knives and forks in Sheaths. 400 Serjeant's sashes. 24 pieces of Iron Cannon, 24 and 32 pounders. 1750 yards Russia drilling for Officers' overalls. 30,000 yards ditto Coarse for soldiers, for ditto. Nankeens, about 5000 yards. Sheet Copper


Sheet Lead . Sheet tin


. Block tin .


July 8th, 1780. . JOSEPH REED, Presid't.


A commission of Lieutenant Colonel of Militia in this State (by brevet) was also signed and sealed to the said Mr. Searle.


Upon a conference also with the said Mr. Searle, touching a com- pensation for his agency, it was proposed and agreed to, that in all events the expences of the said Mr. Searle should be defrayed by the State, and that at the next meeting of the Assembly it should be proposed that a committee of the house, in conjunction with this Board, should fix such compensation, either an allowance of a gross sum over and above all expences, or a commission, accord- ing to usual mercantile form; to which, in mode and substance, Mr. Searle declared his readiness to conform.


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SUPREME EXECUTIVE COUNCIL.


The case of Edward Grizzle & John Wilson, attainted of high treason, having“ been often debated at this Board, came now to be finally considered ; and it appearing that having joined the enemy during their residence in this State, as troopers, under Captain James, they had afterwards deserted from that service, with their horses and accoutrements, depending, as they alledge, on a Proc- lamation issued by General Washington, promissing pardon to such deserters, and the said criminals appearing to be young, and hav- ing otherwise good characters,


Resolved, That though the Proclamation was mistaken, yet the circumstances attending their case are such as justify the clemency of this Board; and the said Edward Grizzle and John Wilson hav- ing submitted to the law of the land, received sentence of death; & a session of the General Assembly having since passed, by which the power of pardon is now Constitutionally vested in this Board,


Ordered, That a free and general pardon do pass the great seal for that purpose.


In Council. PHILADELPHIA, Tuesday, July 11th, 1780. PRESENT :


His Excellency the President.


Hon'ble the Vice President.


Mr. Lacey, Mr. Gardner,


Mr. Arndt, and Mr. Hambright.


Sundry setts of exchange were received, drawn by his Excel- lency the President of Congress, in favour of the President of the State of Pennsylvania, agreeable to request, which were also en- dorsed to the said Mr. Searle, for the purposes above mentioned, vizt :


One sett for 1777 dollars, at five Livres Tournois per dollar, or eight thousand eight hundred & five Livres Tournois.


Second sett, for 1111 dollars, at five Livres Tournois per dollar, or five hundred and fifty-five Livres Tournois.


Third sett, for 1555 dollars, at five Livres Tournois per dollar, or 1775 Livres Tournois.




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