USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XII > Part 47
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Copy of a letter of the 17th instant, from Colonel Ephraim Blaine, Commissary General of Purchases, to his Excellency the President of Congress, on the subject of supplies for the army.
Copy of a letter of the 29th of September, 1780, from Robert Forsyth, D. C. Gen'l Purchases, to Col'l Blaine.
And a copy of a letter of the 17th of August last, from Dudley Digges, Esq'r, Lieutenant Governor of Virginia, to Major Forsyth. Ordered, That the said papers be filed.
Ordered, That a pass be granted to Rebecca Griffith, (wife of Evan Griffith, an attainted traitor, late of York county, and now with the enemy,) to go into the city of New York, pursuant to an order of this Board of the sixth of June last, for sending within the lines of the enemy the wives of traitors.
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John McFarlane having been brought before this Board pur- suant to the order of Saturday last; and on examination, it appear- ing that he is a person of suspicious character, whose going at large is dangerous to the publick safety.
On consideration,
Resolved, That he be committed to the common goal of this city, there to remain until delivered in due course of law.
In Council.
PHILAD'A, Tuesday, Octo'r 31st, 1780. PRESENT :
Hon'ble the Vice President.
Mr. Lacy, Mr. Gardner,
Mr. Read, & Mr. Whitehill.
An order was drawn on the Treasurer in favour of Frederick Sneider, for the sum of £878 7 6, amount of his account for his wages from the 1st to the 31st of October, 1780, at 60 dollars, and for cash paid for sundry articles purchased for the use of the Council.
In Council.
PHILAD'A, Wednesday, Nov'r 1st, 1780. PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr, Gardner, Mr. Read, and
Mr. Whitehill.
Sundry complaints having been exhibited ag'st the Marshall of the Court of Admiralty,
Resolved, That Friday next be appointed to take the same into consideration; that the doors of the Council Chambers be open, and such persons as apprehend themselves injured by excessive charges, or other alledged misconduct of the s'd Marshall in office, be desired to exhibit their complaints at or before that day.
Resolved, That Saturday next be appointed to inquire in like manner into the conduct of the Lieutenants of the city, so far as the same respects the non-payment of the militia on their late tour of duty.
A petition from Claudius Pattison, a native of France, was read, setting forth that he had been convicted of felony at the city Court
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held at Philadelphia the twenty-third of October last, and sen- tenced by the said court to be publickly whipped, and pay to the use of the State a fine of £200, and praying remission of the said punishment and fine; a recommendation from the Judges of the said court on his behalf being also read.
On consideration,
Resolved, That the said punishment of whipping, and the fine adjudged to be paid to the use of the State, be remitted.
A petition from Isaac Austin, representing that he had become a purchaser of part of the estate late of his brother William Aus- tin, an attainted traitor, and that he hath not paid any part of the purchase money, in consequence whereof the same is again adver- tised for sale, was read, praying this Board to suspend the said sale untill his claim, now depending before the Supreme Court, be finally determined; whereupon,
Resolved, That the said petition be dismissed.
In Council.
PHILAD'A, Thursday, Nov'r 2d, 1780.
PRESENT :
His Excellency the President.
Hon'be the Vice President.
Mr. Lacey, Mr. Gardner,
Mr. Whitehill.
A letter of the second instant from Peter Kohler, Esquire, pray- ing leave to resign his office of Justice of the Peace for the county of Northampton, in consequence of his being elected one of the Representatives in the General Assembly for the said county, was read; & thereupon,
Resolved, That the said resignation be accepted.
The Council taking into consideration the situation of Eneas Urquhart and Alexander Kidd, now confined in the new prison,
Resolved, That they have permission to embark for the West Indies : Provided, that they enter into security, themselves and two sufficient sureties, in the sum of £20,000 each, not to return to any part of North America during the continuance of the the present war.
The petition of Gifford Dalbey, praying permission for his mother- in-law, Mrs. Elizabeth Pettit, to come out of New York with her family and effects, she intending to reside in this State, was read ; and thereupon,
Resolved, That the prayer of the said petition be granted.
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SUPREME EXECUTIVE COUNCIL.
A petition from Martha Bartram, for a pass to New York, was read ; and thereupon,
Ordered, That a pass be granted her on condition that she do not return during the continuance of the present war.
An application from the inhabitants of the town of Sherben, on the island of Nantucket, and a recommendation on their behalf from the Council of the State of Massachusetts Bay, were read, requesting permission for a certain Treistram Coffin, Master of the Schooner Phoenix, to purchase & ship flour in this State for the - consumption of the inhabitants of the said town, they being in great want of provisions ; whereupon,
Resolved, That the said permission cannot be granted, this Board not having authority to dispense with the embargo.
The Council took into consideration the appoint'g three auction- eers, to wit : one for the city of Philadelphia ; one for the North- ern Liberties ; and one for the district of Southwark ; pursuant to the powers vested in this Board by an act of General Assembly, entitled " An Act to alter and amend an act entitled 'An Act for the effectual suppression of publick auctions and vendues, and to prohibit male persons, capable of bearing arms, from being hawkers and pedlars ;' " and petitions from the following named persons being read, vizt : Matthias Bush, Alexander Boyd, William Browne, Joseph Blewer, James Dundas, John Kling, Richard Humphreys, John Young, Jun'r, James Rowan, Nathan Boys, William Harris, James Loughead, John Hewson, James Claypole and John Bay- ard ; and the same being ballotted for, John Bayard, Esq'r, Major Alexander Boyd and Mr. William Brown, were elected ; where- upon,
Resolved, That John Bayard, Esq'r, be appointed Auctioneer for the city of Philadelphia ; that Major Alexander Boyd, be appointed Auctioneer for the Northern Liberties; and that Mr. William Browne be appointed Auctioneer for the district of Southwark ; and that they be commissioned accordingly for and during. pleasure.
In Council.
PHILAD'A, Friday, Novem'r 3d, 1780. PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Gardner, Mr. Read, and
Mr. Whitehill.
John Bayard, Esq'r, attended in Council and took the oathg necessary to qualify him for the execution of his office of Auction- .
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eer for the city of Philadelphia, and also offered Doctor James Hutchinson & Jonathan D. Sergeant, Esq'r, as surcties for his faithfull performance of the duties of the said office, which the Council approve.
A letter of the 2d instant from William Mitchell, Esq'r, pray- ing leave to resign his offices of Justice of the Peace and Agent for Confiscated Estates in the county of York, in consequence of his being elected one of the Representatives in the General Assembly for the said county, was read ; & thereupon,
Resolved, That the said resignation be accepted.
A letter of the third instant from Evan Evans and David Mc- Kinney, Esq'rs, Justices of the Peace of the county of Chester, and a letter of the same day from Stephen Duncan, Esq'r, Trea- surer of the county of Cumberland, were read, praying leave to resign their said offices, in consequence of their having been elected Representatives in the General Assembly for the said counties re- spectively. On consideration,
Resolved, That the said resignations be accepted.
This day being appointed to inquire into the conduct of Matthew Clarkson, Esq'r, Marshall of the court of Admiralty, and the par- ties attending, the Council proceeded to a hearing of the Hon'ble Judge of Admiralty, and divers other gentlemen, in support of the charges exhibited against the said Marshall ;: and he having made his reply to the same, the further consideration thereof was post- poned.
In Council.
PHILAD'A, Saturday, Novem'r 4th, 1780. PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Gardner, Mr. Read, Mr. Whitehill.
John Van Campen, Esq'r, Councellor elect for the county of Northampton, appeared in Council & took the oath of allegiance, and oath of office required by the Constitution ; and thereupon, took his seat accordingly.
A petition from Thomas McGee and James Johnston, convicted of larceny at a city court, held in October last, and sentenced by the said court, each of them to pay a fine to the use of the State of the sum of £5,000, to be publickly whipt, and pay the costs of prosecution, was read, praying remission of the said fines ; there- upon,
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Resolved, That the fines adjudged to be paid to the use of the State be remitted, on condition that they enter on board the Conti- nental ship Confederacy, to serve during the continuance of the . present war.
A petition from Frederick McCunn was also read, setting forth that he had been convicted of felony at a city court, held in January last, upon three indictments, and sentenced to pay three several fines to the use of the State, and praying remission of the said fines ; thereupon,
Resolved, That the said fines be remitted, on condition of his serving as aforesaid.
Henry Hill, Sharp Delany, & Gerardus Wynkoop, Esq'rs, a committee of the Hon'ble the House of Assembly, attended, and in- formed the Council that the House was now met, and were ready to receive such business as the Council may have to lay before them; to which the President replied that the papers were preparing and would be laid before the House in a short time.
Mr. William Browne attended in Council, and took the oaths necessary to qualify him for the execution of his office of Auction- eer for the District of Southwark, & also offered Messrs. John Dun- lap & William Turnbull as sureties for his faithfull performance of the duties of the said office, which the Council approve.
An order was drawn on the Treasurer in favour of Colonel Lewis Nichola, for the sum of £1,440, Continental money, amount of money due to Colonel Lewis Nichola, Captains Woelpper, Reily, and McIlhatton, and Lieutenants Honeyman, Wood, & Pugh, in lieu of their rations and refreshments from the 25th of Septem'r to the 22d of October last.
A petition from Mary Hasenclever and Leonard Jacobi, execu- tors of the last will & testament of Francis C. Hasenclever, de- ceased, was read, representing that they have been called upon for divers fines for the non-attendance of the deceased upon muster days, and for neglecting to perform his tour of duty on the late call of militia; that by reason of sickness he was incapable of render- ing the service required of him, and praying the aid of this Board therein. On consideration,
Resolved, That the said petition be dismissed, the court of ap- peal being the proper place for the party to get relief.
The Lieutenants of the city of Philadelphia attended in Council, pursuant to the order of this Board of the 1st instant, and the Council proceeded to an inquiry into their conduct; and some time being spent thereon, they withdrew.
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In Council.
. PHILAD'A, Monday, Novem'r 6th, 1780.
PRESENT :
His Excellency the President.
4 Hon'ble the Vice President.
Mr. Gardner, Mr. Read,
Mr. Whitehill, and Mr. Van Campen.
The following orders were drawn on the Treas'r, vizt :
In favour of Major William Armstrong, for the sum of £15,000, for paying the workmen employed at the fortifications on Mud Isl- and, and purchasing the necessary provisions.
In favour of John Shee, Esq'r, for the sum of £19 10, State money, for thirty-three days attendance as one of the Auditors of the publick accounts, from 22d of September to the 31st of Oc- tober last, at 30 shillings # day.
In favour of Mr. Jacob Morris, for the sum of £49 10, State money, for attendance as aforesaid.
In favour of Mr. Joseph Dean, for the sum of £48, State money, for thirty-two days attendance as aforesaid.
The following Message from the President and Council to the General Assembly being read and considered, was approved and signed, vizt :
Message from the President and Supreme Executive Council to the Representatives of the Freemen of Pennsylvania, in General As- sembly met.
Gentlemen :
We esteem ourselves happy in meeting the renewed choice of the people in legislation, at a period so peculiarly critical and interest- ing. If wisdom, firmness, and mutual confidence were ever neces- sary in this great contest, they are so at this time, when our ene- mies, forsaking, in no small degree, the efforts of open and manly force, build their hopes of success on the arts of disaffection and corruption ; and presume that, wearied with the contest, or in- grossed with selfish and gainfull views, we shall yet relinquish the glorious object of so many toils and so much blood. It is not only our duty, but immediate interest, to convince them that their hopes are equally fallacious, whether founded on arms or seduction, on our deficiencies in civil or military virtue ; and if ever any people had reason to presume their cause was approved of Heaven, we surely may, when we see not only signal interpositions of Provi- dence, but behold the labours of the husbandman and cares of the
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merchant crowned with growing plenty and increasing success. It must be truly animating to see that our enemies draw not a ray of comfort from our inability or poverty, but our supposed debasement of spirit and exhausted patriotism. If, therefore, as we are bound together in one common interest, we are equally united in adopting and enforcing a permanent, effective system of defence, we may soon hope that despair will succeed disappointment, and even Brit- ish pride do homage to American virtue.
The first great object to which we must call your attention is the army. To bring a competent force into the field, to make it effi- cient, by seasonable & sufficit supplies, and to relieve the distresses of captivity, are three points too important to overlook. We shall lay before you the sentiments of the Hon'ble the Congress and our excellent Commander-in-Chief, on the first point, which, as well from their genuine worth as the authority from which they come, deserve the greatest respect, and more especially as a number on temporary enlistments may be retained, if suitable means are sea- sonably provided.
As to the second, experience obliges us to declare, that we find the modes lately adopted liable to so much delay, obscurity, fraud, and expence, that nothing but the most absolute necessity will, in our opinion, justify its continuance. It would exceed the bounds of this address to enter into particulars, but we shall be ready to give your Hon'ble House such further information as you may deem necessary on this interesting subject.
We must also, in duty and justice to a number of brave men, who have long languished in captivity, lay their case before you. By the accompanying papers you will see that we have complied with the desires of the former House of Assembly, in an applica- tion to the General in their behalf ; and we have the pleasure of informing you that so general an exchange is likely to take place, that many will soon be restored to their friends. But as the chances of war must necessarily subject many, in future, to the like con- dition, we hope they will be objects of your care and provision.
To effect these and various other purposes, highly important and interesting to the happiness and safety of this State, and to enable the Executive powers of Government to perform the necessary du- ties enjoined by sundry acts of Assembly, in cloathing and supply- ing the troops with enumerated articles, defending and protecting the frontiers, compleating the defence of this city and port, and complying with the requisitions of Congress, together with the ne- cessary support of civil government, the revenues of the State will become an object of your special inquiry.
Deficiencies, we doubt not, you will supply, and as far as possi- ble remove obstructions, which the peculiarity of our situation has in many instances unavoidably created. Bearing a proportionate part of the publick burthens with yourselves, we have endeavoured on VOL. XII .- 34.
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all occasions to appropriate the publick treasure to the purposes directed, with prudence and economy. But as the provision for publick necessities is peculiarly within the province of your Hon'- ble House, we shall not enlarge farther upon it than to assure you we shall be ready at all times to give any necessary information. We would particularly lay before you a measure framed by the former House of Assembly for the present relief of their constituents, and executed by this Board under their instructions, on which an eventual engagement is founded, involving in it the honor and good faith of the State, as well as the ease of the people under the bur- thens of the war. The minute of the Council which will be laid before you, will give you such full acquaintance with the transac- tion, the success of which we may every day expect to hear, that we hope you will make the necessary provision for an honourable compliance with the stipulations which may be entered into on behalf of the State.
The Continental troops being wholly withdrawn from the fron- tiers, except those, under the command of Colonel Brodhead, at Fort Pitt, and the enlistment of the ranging companies expiring in January next, the distresses of our friends in that quarter, will undoubtedly demand the care and attention of the House. As the invasion of the savages will probably continue as long as British art and cruelty continue to excite them, we could wish, if it were possible, that some more efficacious protection could be afforded them. Disappointed in our attempts, last spring, to raise men for that service during the war, we have been obliged to adopt tempo- rary enlistments, and call for occasional militia, both attended with much expence & many inconveniencies.
The final settlement of the contested boundaries of this State and Virginia, induces us to lay before you the propriety and policy of setting off one or more counties, so as to introduce law, order, and good government, where they have been long and much wanted. We think it would also conduce much to the defence of the frontiers and safety of the interior country, as the strength of those parts might then be organized & systematically drawn forth in case of necessity.
Among the many papers now communicated, the Hon'ble House will find cogent representations on the supplies of the Fœderal army. The demands on this State have been very great, and will probably be continued. . We most earnestly wish to answer every reasonable expectation ; but the quantities demanded, and prices required, have so far exceeded any provision made, that the exer- tions of our Commissioners have fallen very short of even reasona- ble prospects. We should have rejoiced, and no measures were left unessayed by us, to give the money issued on the credit of the State, on a solid security, for the supply of the army, its full and just estimation, as well as general circulation ; but as we had neither ability or disposition to force the publick confidence, we can only,
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in common with our fellow-citizens, lament the disappointment and regret the consequences which have not been in our power to pre- vent. If it was a wise and practicable measure, the wisdom of the present house will doubtless devise some proper means to restore and support it; if otherwise, they will substitute something more usefull and agreeable. But to take the property of one part of the community, without equivalent, to answer the purposes of the whole, renders government odious, and has, we fear, been one source of the present embarrassment in our public affairs.
We feel every disposition arising from the importance and exi- gency of the present hour, to concur with you in every measure to serve and promote our common interests and happiness, to bring the war to a safe and honourable issue, and establish the liberty and independence of our country. We shall be happy to see prejudice and party, from whatever cause, wholly done away, and no other contest subsist among us but who shall serve his country most faithfully and usefully.
JOSEPH REED, President. Council Chamber, Philad'a, Novem'r 6th, 1780.
In Council.
PHILAD'A, Tuesday, Novem'r 7th, 1780.
PRESENT :
His Excellency the President.
HIon'ble the Vice President.
Mr. Gardner, Mr. Read,
Mr. Whitehill, and Mr. Van Campen.
An order was drawn on the Treasurer in favour of the Hon'ble Frederick A. Muhlenberg, for the sum of £8,446 10, ballance of his account for his attendance in Congress as a delegate for this State, to the twenty-eighth of October last.
A petition from John Smith, on behalf of a certain Margaret Eshler, was read, representing that she had been convicted of felo- ny at a court held in July last, and sentenced by the said court to be publickly whipped, to pay a fine to the use of the State, of the sum of £1,557 9 6, and the costs of prosecution, and praying remission of the said fine ; whereupon,
Resolved, That the fine adjudged to be paid to the use of the State be remitted.
The Board resumed the consideration of the case of the Mar- shall of the Court of Admiralty, and the several particulars of complaint being discussed, are of opinion that the charges of de- laying the settlement of accounts, and raising excessive expences,
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are either wholly obviated, or accounted for from the intermixture of other accounts, and the expence of all kinds and living in this city.
That the Marshall was justified in refusing to permit any inter- ested persons to keep the keys of the hatches of any prizes, he be- ing a sworn officer, and responsible for the property intrusted to his care, it being clearly the opinion of this Board, that he alone is entitled to the custody and direction of all prizes and their car- goes, from the time of coming into port to their condemnation and sale.
The Marshall having admitted the charges of the Judge in not returning writs, appraisments, & accounts of sale, but excused himself by long usage and practice, and that such return had not been required by the court 'till very lately, and excused his non- attendance on the court in like manner. This Board admit it as a great palliation, but hope that in future such returns will be made, as well to do justice to the suitors of the court, as prevent the con- fusion which must otherwise unavoidably ensue, and that in future the court will be attended by its proper officers.
With respect to selling the property in the court before condem- nation, this appearing in only one instance, and evidence being offered shewing that it was with the previous knowledge of the Judge, tho' afterwards countermanded when too late, the Board are of opinion it takes away much of the criminality of the charge, and more especially as it has obtained in other cases ; but the prac- tice is liable to so many abuses and ill consequences to the publick and individuals, that this Board do entirely disapprove thereof, and in this instance, think the Marshall in some degree culpable.
The charge of not executing the writt of the court for a very flagrant contempt, was excused by a note, apparently official, from the Secretary of the Council, and had not the Marshall been other- wise informed by the Judge, would have been a reasonable excul- pation ; but as the nature of the offence and process required im- mediate dispatch, it is the opinion of the Board that the Marshall ought to have known with certainty the pleasure of the Council to the contrary, or have obeyed the orders of the Judge; and that permitting twelve days to elapse in such a case, evidently tended mot only to lessen the consequence and weight of the court, but to encourage future contempts; that in this instance, therefore, the Marshall is culpable.
That it is of much importance to support harmony between the judicial and ministerial officers of the courts of justice, of which little hope can be entertained in the present case.
That the Marshall being an officer during pleasure, it is implied in the nature of his office, that if the Council are of opinion the publick interests will suffer by his continuance in office, they have a right, and it is their duty to discontinue him. That in the opin- ion of the Council, this is the present case; and therefore, they su-
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SUPREME EXECUTIVE COUNCIL.
percede the appointment of the said Marshall, without prejudice to his moral character or abilities, which have not been questioned, or for any other cause than herein set forth.
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