USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XII > Part 48
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Resolved, That Friday next be appointed to fill up the vacancy of the Marshall.
WHEREAS, It has appeared to this Board, on hearing the com- plaints against the Marshall, that it has been customary for the Marshall to be interested in privateers :
Resolved, That it is the sense of this Board that such practice, or purchasing at his own sales, or being agent for interested per- sons, are liable to many publick inconveniences and discontents, and ought to be avoided.
A resolution of the Hon'ble Congress of the 25th of October last, was received and read, recommending to the several States to exert their utmost endeavors to furnish their quotas of troops in the Continental line with cloathing, on the terms mentioned in the former resolution of Congress on this subject.
Resolved, That the Sheriff of the city and county of Philadel- phia, apprehend a certain Jacob Schell, and bring him before this Board to-morrow, at 12 o'clock in the forenoon, to answer a com- plaint made against him.
A petition from Theophilus Garden, praying a pass to the Island of Jamaica, by way of New York, for his son-in-law Benjamin Hoge- land, was read, and the same was dismissed.
In Council.
· PHILAD'A, Wednesday, Nov'r 8th, 1780.
PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Gardner, Mr. Read,
Mr. Whitehill, & Mr. Van Campen.
An order was drawn on the Treasurer in favour of his Excellency Joseph Reed, Esq'r, President, for the sum of £5,000, in part of his salary, for which he is to account.
An order was drawn on the Treasurer in favour of his Excellency Joseph Reed, Esq'r, President, for the sum of £2,000, in part of his salary, for which he is to account.
An order was drawn on the Treasurer in favour of Frederick Sneyder, for the sum of £2,000, for purchasing fire wood for the use of the Council, for which he is to account.
It appearing to this Board by a certificate from General Irwin, that the following gentlemen are entitled to promotion in the 11th
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Pennsylvania Regiment, vizt :- Captain Lieutenant Jeremiah Jack- son to be Captain, Vice Captain Forrester, deceased, March 16th, 1780 ; Lieutenant Edward Burke to be Captain Lieutenant, Vice Jackson promoted, March 16th, 1780; Second Lieutenant William Huston to be first Lieutenant, Vice Lieutenant Davis resigned, February 24th, 1780; Second Lieutenant Jacob Weitzell to be first Lieuten't, Vice Lieutenant William Gemminn resigned, March 11th, 1780; Ensign Robert Allison to be Lieutenant, Vice Lieuten- ant Burke promoted, March 16th, 1780; Ensign Francis Thornbury to be Lieutenant, Vice Lieutenant Street resigned, May 25th, 1780; Doctor Reading Beatty to be Surgeon, Vice Doctor Wiggins re- signed, May 1st, 1780; thereupon,
Resolved, That they be recommended to the Hon'ble Board of War for commissions.
Mr. Gray, Mr. Wynkoop and Mr. Harris, a committee of the Hon'ble House of Assembly, attended in Council, and proposed to the consideration of the Board the appointing a day for electing a President and Vice President ; when Tuesday next was recom- mended as a proper day.
A petition from divers inhabitats of this State in behalf of Wil- liam Hamilton, was read and dismissed.
In Council.
PHILAD'A, Thursday, Novem'r 9th, 1780. PRESENT :
His Excellency the President.
Hon'be the Vice President.
Mr. Gardner, Mr. Lacey, Mr. Read,
Mr. Whitehill, and
Mr. Van Campen.
A resolution of the Hon'ble House of Assembly of this day, was received and read, assigning Tuesday next for the election of a Presi- dent and Vice President, and appointing a committee, vizt :- Mr. Gray, Mr. Campbell, Mr. Wynkoop and Mr. W. Harris, to adjust the ceremonies necessary to be observed on the occasion.
An order was drawn on the Treasurer in favour of Colonel Robert Lollar, Paymaster of the militia of the county of Philadel- phia, for the sum of £120,000 Continental money, out of the monies paid into his hands by Colonel William Coates, Lieutenant of the said county, for the purpose of paying the militia of the said coun- ty.
An order was drawn on the Treasurer in favour of his Excellency Joseph Reed, Esq'r, President, for the sum of 1,000 dollars, Conti- nental money, to be employed for special and secret purposes.
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SUPREME EXECUTIVE COUNCIL.
The Council took into consideration the following transcripts of conviction, vizt :
James Sutton, convicted of piracy at a court of Oyer and Termi- ner, and General Goal Delivery, held at Philadelphia the twenty-fifth day of September last, and sentenced by the said court to be hanged by the neck until he be dead.
Ordered, That the said sentence be executed on the said James Sutton, at the usual place of execution, on Wednesday the 29th in- stant, between the hours of ten and two of the clock, of the same day.
Richard Chamberlane, convicted of felony in passing counterfeit money, knowing it to be such, at the said court, and sentenced to . be hanged by the neck untill he be dead.
Ordered, That the said sentence be executed on the said Richard Chamberlane, at the usual place of execution, on Saturday the 25th instant, between the hours of ten of the clock in the forenoon and two of the clock in the afternoon of the same day.
James Read, convicted of felony in passing counterfeit money, knowing it to be such, at the said court, and sentenced by the said court to be hanged by the neck untill he be dead.
Ordered, That the said James Read be reprieved, on condition that he serve during the present war, on board one of the Conti- nental frigates, and. that he be taken to the gallows with the other criminals.
Ralph Morden, convicted of high treason at a court of Oyer and Terminer and General Goal Delivery, held at Easton, for the county of Northampton, the 30th day of October last, and sen- tenced by the said court to be hanged by the neck untill he be dead.
Ordered, That the said sentence be executed on the said Ralph Morden, on Saturday, the 25th day of November instant, at the usual place of execution, between the hours of ten of the clock in the forenoon and two of the clock in the afternoon of the same day.
And that warrants for the execution of the said sentences be issued in due form, under the less Seal of the State, and directed to the Sheriffs of the city and county of Philadelphia, & county of Northampton, respectively.
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In Council.
PHILAD'A, Friday, November 10th, 1780.
PRESENT :
His Excellency the President. 1
Hon'ble the Vice President.
Mr. Lacey, Mr. Gardner,
Mr. Read, and
Mr. Whitehill,
Mr. Van Campen.
Resolved, That Mr. Lacey and Mr. Whitehill be a committee of the Council, to meet the committee of the Hon'ble House of As- sembly, to agree upon the ceremonies necessary to be observed at the election of the President and Vice President, to be held on Tuesday next.
A petition from John Swanwick, on behalf of his mother, the wife of Richard Swanwick, an attainted traitor, praying permission for her to return to this State, was read, & the same was dis- missed.
William Kerlin being brought before this Board, charged with carrying on an illegal traffick with a Captain of a Flag ship from the enemy, and it appearing to the Board that the charge is well founded,
Resolved, That he deliver the goods in his possession to the agents of confiscated estates, give security for his good behaviour for twelve months, and that his licence as a public house keeper be superceded for the like time, and that a copy of this minute be sent to the Justices of the Sessions of Chester county ; that he be discharged on paying the expenses accruing hereon.
A transcript of the record of the conviction of David Dawson, of high treason, at a court of Oyer and Terminer and General Goal Delivery, held at Philadelphia the 25th of September last, and sentenced by the said court to be hanged by the neck untill he be dead.
Ordered, That execution of the said sentence be made and done upon him, the said Daniel Dawson, on Saturday the 25th instant, at the usual place of execution, between the hours of ten of the clock in the forenoon and two of the clock of the afternoon of the same day, & that a warrant issue accordingly.
A petition from Hugh Dunahow, representing that he had been convicted of felony upon two indictments at a court of General Quarter Sessions, held at Yorktown, for the county of York, in April last, and sentenced to be publickly whipt & pillored, to pay two several fines to the use of the State, and the costs of prosecu- tion, and praying remission of the said fines, was read ; and there- upon,
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SUPREME EXECUTIVE COUNCIL.
Resolved, That the fines adjudged by the said court to be paid by the said Hugh Dunahow be remitted, on condition of his en- tering on board one of the Continental frigates, & serving during the present war.
A petition from William Montgomery, representing that he had been convicted upon five indictments of felony at a court of Gen- eral Quarter Sessions held at York town, for the county of York, in January last, and sentenced by the said court to be publickly whipt and pillored, to pay five several fines to the use of the State, and the costs of prosecution, and praying remission of the said fines, was read; and thereupon,
Ordered, That the fines adjudged by the said court to be paid by the said William Montgomery, be remitted, on condition that he enters on board one of the Continental frigates, to serve du- ring the continuance of the present war.
A petition .from Jacob Sponseller, convicted of felony upon three indictments at the said court, and sentenced to be publickly whipt, pay three several fines to the use of the State, and the costs of prosecution, was read, setting forth that he is unable to pay the said fines, and praying remission of the same; whereupon, .
Resolved, That the fines adjudged by the said court to be paid to the use of the State by the said Jacob Sponseller, be remitted.
A petition from Justin McCarty, now confined in the old goal, praying to be released from his confinement, was read, and the same was dismissed.
This day being appointed to fill up the vacancy of the Marshall of the Court of Admiralty, agreeable to the resolution of this Board of the seventh instant; and petitions from the following named per- sons being read, vizt : Clement Biddle, David Lenox, Thomas Law- rence, Joseph Dean, John Patton, Solomon Bush, Joseph Blewer, James Claypoole.
The Council proceeded to an election by ballot, when Clement Biddle, Esq'r, was duly clected; whereupon,
Resolved, That Clement Biddle, Esquire, be appointed Marshall of the Court of Admiralty of this State, in the room of Matthew Clarkson, Esq'r, and that he be commissioned accordingly.
The following proclamation being read and considered, was ap- proved, and ordered to be published :
By his Excellency JOSEPH REED, Esquire, President, and the Supreme Executive Council of the Commonwealth of Pennsyl- vania.
A PROCLAMATION.
WHEREAS, The Hon'ble the Congress of the United States of America, by their resolve of the eighteenth of October last, did re- commend in the following words, to wit:
"WHEREAS, It hath pleased Almighty God, the Father of all Mercies, amidst the vicissitudes of war, to bestow blessings on the
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MINUTES OF THE
people of these States, which call for their devout and thankfull ac- knowledgements, more especially in the late remarkable interposition of his watchfull Providence in rescuing the person of our Com- mander-in-Chief and the army from imminent dangers, at the mo- ment when treason was ripened for execution; in prospering the labours of the husbandman, and causing the earth to yield its in- crease in plentifull harvests; and, above all, in continuing to us the enjoyment of the Gospel of peace.
"It is, therefore, recommended to the several States to set apart Thursday the seventh day of December next, to be observed as a day of publick thanksgiving and prayer; that all the people may assemble on that day to celebrate the praises of our Divine Bene- factor; to confess our unworthiness of the least of his favours, & to offer our fervent supplications to the God of all grace, that it may please him to pardon our heinous sins and transgressions, and incline our hearts for the future to keep all his laws; to comfort and relieve our brethren who are in anywise afflicted or distressed ; to smile upon our husbandry and trade; to direct our publick coun- cils, and lead our forces by land and sea to victory; to take our illustrious ally under His special protection, and favour our joint councils and exertions for the establishment of speedy and perma- nent peace ; to cherish all schools and seminaries of learning, and to cause the knowledge of Christianity to spread over all the earth."
Wherefore, as well in respect of the said recommendation of Con- gress, as the plain dictates of duty to acknowledge the favour and goodness of Providence, and implore its further protection, we do hereby earnestly recommend to the good people of Pennsylvania, to - set apart Thursday the seventh day of December next, for the pious purposes expressed in the said resolve, and that they abstain from all labour on that day.
Given, &ca., this 10th of November, 1780.
JOSEPH REED, President.
Attest :- TIM'Y MATLACK, Sec'y.
GOD SAVE THE COMMONWEALTH.
In Council.
PHILAD'A, Saturday, Novem'r 11th, 1780.
PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Lacey, Mr. Whitehill, and
Mr. Gardner, Mr. Read.
Clement Biddle, Esq'r, attended in Council, and took the oath, necessary to qualify him for the execution of his office of Marshall
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SUPREME EXECUTIVE COUNCIL.
of the Court of Admiralty of this State, and offers Mr. John Bid- dle and Owen Biddle, Esq'r, as sureties for the faithfull perform- ance of the duties of the said office.
A resolution of the Hon'ble House of Assembly of this day was received and read, requesting the Council to suspend the sale of all confiscated estates yet unsold, untill the further order of the House.
The committee of Council appointed to confer with a committee of the Hon'ble House of General Assembly upon the place of electing a President and Vice President of this Council, and to ad- just the ceremonies necessary to be observed on the occasion, report :
That having conferred with the committee of the Hon'ble House upon the subject committed to them, it is agreed that the Assembly will, on next Tuesday at ten o'clock, meet the Council in the Coun- cil Chamber, & there proceed to the election of a President and Vice President, agreeable to the constitution ; that after the said election is finished, the Council and Assembly proceed to the court house, and there make proclamation of the President and Vice President so chosen ; and the committee submit to the Council the order of procession.
Resolved, That the Agents for Confiscated Estates suspend all further sales of real estates untill the further order of the Board.
An order was drawn on the Treasurer in favour of Colonel John Hannums for the sum of £6,304, Continental money, ballance of his account for purchasing cattle in the county of Chester, for the use of the army, agreeable to act of Assembly, passed the first of June last.
A memorial from Isaac Austin, praying permission to meet his brother William Austin on the lines of the enemy, was read ; and on consideration,
Resolved, That the said permission cannot at present be granted, information having been received that an embarkation of troops is taking place at New York.
In Council.
PHILAD'A, Monday, Nov'r 13th, 1780. PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Lacey,
Mr. Read,
Mr. Gardner,
Mr. Whitehill, & Mr. Van Campen.
A return of the general election of the county of Westmoreland was received and read, by which it appears that the following gen-
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MINUTES OF THE
tlemen were duly elected, vizt: Councellor-Christopher Hayes, Esq'r ; Represent's in the General Assembly-Samuel Sloan, Isaac Mason and David Sample, Esq'rs; Sheriffs-Matthew Jack and William Waddle; Coroners-Michael Rough and Samuel Bradley ; Commissioner-William Todd; Assessors -- John Sheppard, William Jack, John Nesbitt, Jacob Macklin, John Allen & Peter Knight. On consideration,
Ordered, That the said Matthew Jack be appointed and com- missioned to be Sheriff of the county of Westmoreland, and that Michael Rough be appointed and commissioned to be Coroner of the said county.
Matthew Jack, Esquire, Sheriff elect for the county of West- moreland, offers Colonel Archibald Lockry and Captain Joseph Erwin, of the said county, as sureties for the faithfull performance of the duties of his office of Sheriff, which this Council approve.
Resolved, That the Keeper of the Goal of the city and county of Philadelphia be directed to detain and safely keep the body of Samuel Chapman, lately brought to this city from Boston, untill he be delivered in due course of law.
In Council.
PHILAD'A, Tuesday Nov'r 14th, 1780. PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Lacey, Mr. Gardner, Mr. Read,
Mr. Whitehill, and Mr. Van Campen.
The Clerk of the Hon'ble House of General Assembly attended in Council, and informed the House was now ready to proceed to the election of a President and Vice President; and thereupon,
Ordered, That the Secretary of the Council do attend the Hon'ble House, & inform the House that the Council is now ready to receive the House in the Council Chamber, and to proceed to the election of a President and Vice President of the Council.
The Hon'ble the Speaker of the House and the General Assem- bly attended in Council; and thereupon, the Secretary of the Council and the Clerk of the House, proceeded to take the votes for the President; and the votes were as follows, vizt :
For Joseph Reed, Esquire, fifty-nine.
For William Moore, Esq'r, one.
The General Assembly and Council then proceeded to the choice of a Vice President, and the votes were as follows, vizt :
For William Moore, Esq'r, fifty-three.
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SUPREME EXECUTIVE COUNCIL.
For Gen'l James Potter, Esq'r, six.
For General Lacey, one.
And thereupon, it was declared that Joseph Reed, Esq'r, was then duly elected to be President, & William Moore, Esquire, was then duly elected Vice President. And the following declaration of the said election being read, was signed by his Excellency Joseph Reed, Esq'r, President, and the other Members of the Council then present, and the same was also signed by the Hon'ble Frederick Augustus Muhlenberg, Esquire, Speaker of the General Assembly, and by the Members of the House of General Assembly then pre- sent, to wit :- By Joseph Reed, President, William Moore, Vice President, John Lacey, Junior, Joseph Gardner, Robert Whitehill, James Read, John Van Campen, Frederick A. Muhlenberg, Speak- er. And the said declaration was in the following words, to wit :
To all people to whom these presents shall come or may con- cern : The General Assembly & Supreme Executive Council of the Commonwealth of Pennsylvania send greeting : Know ye that we, the Representatives of the freemen of the Commonwealth of Pennsylvania in General Assembly met, in the State House at Philadelphia, together with the President and other members of the Supreme Executive Council of the said Commonwealth, in the same place convened, to elect a President and Vice President of the Supreme Executive Council, have, agreeable to the direction of the nineteenth section of the Constitution of the said Commonwealth, duly and fairly elected and chosen by ballot, his Excellency Joseph Reed, Esq'r, President, and the Hon'ble William Moore, Esq'r, Vice President, of the Supreme Executive Council : And to the end that due regard and obedience may be paid to them in the ex- ecution of their respective offices, on all occasions ; We do hereby make known and declare that the s'd Joseph Reed, Esquire, is the President, and the said William Moore, Esquire, is the Vice Presi- dent, of the Supreme Executive Council.
In testimony, we have hereunto set our hands and seals, the 14th day of Novem'r, in the fifth year of Commonwealth of Pennsylva- nia, and in the year of our Lord one thousand seven hundred and eighty : And the said Joseph Reed, Esq'r, is hereby proclaimed to be Captain General & Commander-in-Chief, in and over the Com- monwealth of Pennsylvania.
Agreed unanimously, that the said declaration of the election of the President and Vice President of the Supreme Executive Coun- cil, be publickly read at the court house in the city of Philadelphia, by the Secretary of the Council, and that the Secretary of the Council do then proclaim the President in the following words, vizt :
And the said Joseph Reed, Esq'r, is hereby proclaimed to be the President of the said Supreme Executive Council, Captain Gene- ral and Commander-in-Chief, in and over the Commonwealth of Pennsylvania.
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MINUTES OF THE
Agreed, that the order of the procession to the court house be as follows, to wit :- Constables with their staves. Sub-Sheriffs with their wands. High Sheriff with his wand. Coroner with his wand. Judges of the Supreme Court. Prothonotary of the Supreme Court. Judge, Register and Marshall of the Ad- miralty. Treasurer and Attorney General of the State. Jus.
tices of the Peace. Prothonotary of the Court of Common Pleas. Secretary of the Council. His Excellency the Presi- dent and Honourable the Vice President. Members of the Coun- cil, two and two. Door-keeper of the Council. Sergeant-at-Arms with the Mace. The Hon'ble the Speaker of the House Clerke of the House. Members of the General Assembly, two and two. Door-keeper of the General Assembly. Citizens.
In Council.
PHILAD'A, Wednesday, Nov'r 15th, 1780. PRESENT :
Hon'ble the Vice President.
Mr. Lacey, Mr. Whitehill, and
Mr. Van Campen.
An order was drawn on the Treasurer in favour of Major Wil- liam Armstrong, for the sum of £200, State money, for paying the workmen employed at the fortifications at Mud Island, and pur- chasing the necessary provisions, for which he is to account.
The two following orders were drawn on the Treasurer in favour of Hon'be John Lacey, Jun'r, Esquire, one for four thousand dol- lars, Continental money, and the other for the amount of six hun- dred pounds, Continental money, in State money, at sixty for one, in part of his pay as a member of this Board, for which he is to account.
A petition from James Boyd, and Sceny his wife, convicted of receiving stolen goods, knowing them to be such, at a city court held in July last, & sentenced each of them to pay a fine to the use of the State of £4,000, to be publickly whipt, and pay the costs of prosecution, was read, praying remission of the said fines ; whereupon,
Resolved, That the fines adjudged by the said court to be paid by the said James Boyd, and Sceny his wife, be remitted.
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SUPREME EXECUTIVE COUNCIL.
In Council.
PHILAD'A, Thursday, Nov'r 16th, 1780. PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Lacey, Mr. Reed,
Mr. Van Campen,
Brigadier General Potter,
Mr. Gardner, and Mr. Whitehill.
· Brigadier Gen'l James Potter, Esq'r, Councillor elect for the county of Northumberland, appeared in Council, and took the oath of allegiance, and oath of office required by the Constitution, and thereupon took his seat accordingly.
His Excellency Joseph Reed, Esquire, Presid't, in consequence of his election to that office on Tuesday last, now took the oath of allegiance, and oath of office required by the Constitution of the State. And the Honourable William Moore, Esquire, Vice Presi- dent, elected to that office on Thursday last, took the oath of alle- giance, and the oath of office required by the Constitution.
The dispatch of publick business, & convenience of the mem- bers, requiring stated hours of meeting,
Resolved, That from eleven to two o'clock be appointed for the ordinary business of the Council.
Colonel Miles, Dep. Quarter Master, having represented to this Board that the present stock of hay will be insufficient for the Continental use for the winter, and having requested, in order to obviate difficulties arising from the law, that Peter Dehaven might be appointed to procure an additional quantity, he charging the State no commission,
Resolved, That he be appointed a Commissioner for the purchase of hay only.
A circular letter of the 13th instant, from his Excellency Sam- uel Huntingdon, Esq'r, President of Congress, was read, inclosing a resolution of the Hon'ble Congress of the 10th instant, for pre- venting frauds practiced by British vessels who have possessed themselves of American papers taken in prizes ; and the same be- ing considered, the Board came to the following resolution, vizt :
WHEREAS, The Hon'ble Congress, in order to prevent frauds practiced by British vessels, who have possessed themselves of American papers taken in prizes, have directed that in future there be inserted on the back of the commission of every armed vessel, a minute description of the persons of the Captain and Lieutenant, with their age, stature & complexion, respectively :
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