USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XII > Part 5
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Resolved, That the Justices, High Sheriff and Constables be di- rected to attend at the Markett, for the Preservation of the Pub. lick Peace, and the protection of such persons as shall Expose com- modities, and that they be directed to arrest and commit to Goal all persons, without favour or affection, who shall be found disturb- ing the peace and good order of the Markett, in order that they may be dealt with according to Law, and that it be also recommend- ed to the well disposed and Faithful Citizens, not only to discoun- tenance such practices, but to give all aid and assistance to the off- cers of Justice in the discharge of their duty on this occasion, it being the determined resolution of this Board fully and effectually to protect and support the Inhabitants of the Country in their in- tercourse with the City, and that this resolve be immediately Pub- lished in hand bills, and that the Sheriff cause it to be proclaimed through the city on Friday next.
Ordered, That the Depositions relating to Jobn McCallister, a Deputy Commissary of Issues, at York Town, be put into the Hands of the Attorney General, in order that Prosecution be com- menced against the said John McCallister, at the Expense of the United States, agreeable to the resolve of Congress of the twenty- second day of June last ; And that the Attorney General be direct- ed to keep an account of the expenses of the Prosecution, so as that the same may be charged to the United States.
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MINUTES OF THE
In Council.
PHILADELPHIA, Friday, July 9th, 1779.
PRESENT :
His Excellency JOSEPH REED, President. Hon'ble GEORGE BRYAN, Vice President.
Mr. Mackey, Mr. Read,
Mr. Thompson, and Mr. Urie.
A representation having been made by Captain James Murray that he and several of his officers continued in service two months and seventeen days beyond the limited time of six months for which they were enlisted, and praying to be allowed pay therefor. And also that Five of the men deserted after enlistment, and re- ceived the bounty of Four hundred Dollars, which he has not been hitherto allowed.
Council taking the said points into consideration,
Resolved, That the limited time of Enlistment Comprehends both officers and soldiers, and that it has been the practice to En- list from a given day to another given day without reference to each individual enlistment, and that therefore, the allowances therefor not being demandable from the United States, this Board cannot pay the same out of the Treasury of the State, and thereby sub- ject it to the loss.
On the second point,
Resolved, That upon Captain Murray's transmitting to this Board the attestations of the said recruits, certificates of the payment of the bounty, and making Affidavit of the desertion, and that he has used due diligence to retake them, this Board will recommend him to Congress that the allowance therefore be made him. It appear- ing to this Board to be reasonable and to have been allowed to offi- cers in like cases upon producing the proofs above required.
A representation having been made by the Justices of Northum- berland County, that the Prothonotary thereof, David Harris, Es- quire, is a Non-resident, and his deputy, deceased, by which means the duties of the said office are neglected to the prejudice of the Publick : and Sundry Letters from the said David Harris there- upon having been read, in the last of which he proposes to return to Sunbury and attend to the duties of his office,
Resolved, That it is the opinion of this Board that Mr. Harris ought to reside in the county of Northumberland, and Execute the said office of Prothonotary himself, or that it be done under his immediate direction, and that in failure hereof, this board will consider the office vacant and appoint some person being a resident of the county thereto.
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SUPREME EXECUTIVE COUNCIL.
A Letter received from Jonathan Lodge, Esq'r, High Sheriff of Northumberland county, complaining of Thomas Hewitt, William Shaw and Andrew Culbertson, Esquires, Justices, of having suspen- ded him from office, unheard and unconvicted, and praying that some legal Mode of Tryal may be proposed, to which he is ready to submit.
Resolved, That the consideration thereof be deferred untill Cap- tain Hambright, the member of Council for that county, attends.
A Letter from the Honorable John Jay, Esquire, dated eighth July Instant, enclosing resolves of Congress of Twenty-ninth of June last, respecting a loan of Twenty Millions of Dollars, was receiv'd and read.
In Council.
PHILADELPHIA, Saturday, July 10th, 1779. PRESENT :
His Excellency JOSEPH REED, President.
Hon'ble GEORGE BRYAN, Vice President.
Mr. Mackey, Mr. Thompson, and
Mr. Urie.
A Letter from his Excellency General Washington, dated 5th July, 1779, intreating in the most pressing Terms that Council wou'd be pleased, without delay, to take Effectual Measures to have the Number of Men heretofore requested sent forward to reinforce the Army, under the command of Major General Sullivan, now employed on an expedition into the Indian country, was receiv'd and read.
The following Minute and resolve of the Trustees of the College was read, vizt:
"College of Philadelphia, July 8th, 1779.
"As the President of the State has thought proper to inform this Board, thro' some of its members, that certain legal objections lay to the exercise of some of their rights under their charter, and to advise the not holding a commencement at the time appointed, the Board. have, for the present, deferred holding the commence- ment from an expectation that some mode will be speedily adopted on the part of Government to draw such their rights into ques- tion in a legal way, when this board will take the proper steps to defend their charter according to Law.
"Resolved, That Mr. Willing, Mr. Powell and Mr.'Hopkins, be a committee to communicate the sense of the Board on this subject to the President.
"A true copy from the Minutes of the Trustees of the College, &c.
"WILLIAM SMITH, Secretary."
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MINUTES OF THE
The following orders were drawn on the Treasurer, vizt: In fa- vour of John Mc and Co., or their order, for the sum of Fifty- one pounds, for the Freight of Thirty-four Musketts from Cape Francois.
In favour of George Meade and Co., or their order, for the sum of one hundred pounds and ten shillings, for the Freight of sixty- seven stand of Arms from Cape Francois.
WHEREAS, On the Thirteenth day of June, 1778, the Council drew an order on the Treasurer in favour of George Schlosser, Es- quire, for the sum of one thousand pounds advanced by him to Da- vid Deshler and John Arndt, Esquires, Commissioners for purcha- sing provisions in the county of Northampton:
And Whereas, The Council drew one other order on the Trea- surer in favour of Captain Hugh Montgomery for the sum of one thousand pounds, to be charged to William C. Bradford, Paymas- ter, which said sum was advanced by the said Schlosser to Captain Montgomery, the Treasury being at that time nearly exhausted; and the Council then agreed to pay him interest upon the said sums of money ; Therefore,
Ordered, That the Treasurer do pay unto Mr. George Schlosser, or his order, lawfull interest upon the sums mentioned in the said two orders from their respective dates untill this day.
The Petition of Mrs. Elizabeth Richmond, setting forth her de- sire to go into the city of New York, and praying a pass may be granted her for that purpose, was read.
Ordered, That a recommendation to the officer commanding next to the lines of the Enemy be granted to the said Mary Richmond, to permit her to pass into New York; she giving security in the sum of Five hundred pounds not to return again into this State without special permission from the Council so to do.
In Council.
PHILADELPHIA, Monday, July 12th, 1779.
PRESENT :
His Excellency JOSEPH REED, Esquire, President.
Hon'ble GEORGE BRYAN, Esquire, Vice President.
Mr. Mackey, Mr. Hambright, (now returned from Mr. Urie, and Northumberland.)
An order was drawn on the Treasurer in favour of William Crispin, Commissary of the State Fleet, or his order, for the sum of Ten thousand pounds, to be charged to the account of the said Crispin.
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SUPREME EXECUTIVE COUNCIL.
A Letter from Lodowick Sprogell, M M. G'l, of the 10th, res- pecting his claim of State allowance of Rum, was read ; and there- upon,
Ordered, That Mr. Crispin inform this Board what objections there are to the request of Mr. Sprogell, and also, whether £45 # gallon is not too much.
A Memorial of Joseph Dean, setting forth his claim to a certain Tract of Land in the county of Philadelphia, purchased by him of William Bell, late of the said county, attainted of High Treason, and Praying that the President or Vice President, in Council, un- der his Hand and the State Seal, will Execute to the said Joseph Dean, and his heirs, a Deed confirming to him the right and title to the said Land, he paying the consideration Money yet due thereupon, was read; and the Judgment of the Supreme Court in the said case being also read,
Ordered, That on the Petitioner's paying to the Treasurer of the State the remainder of the Purchase Money, and Interest, he be entitled to a Deed as requested. That it be requested of him to lay the draught thereof before the Attorney General for his perusal and approbation, and that no covenants therein extend farther than that in case of Eviction by Title Paramount, the State be not deemed responsible for more than the money received by the State.
In Council.
PHILADELPHIA, Tuesday, July 13th, 1779. PRESENT :
His Excellency JOSEPH REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Vice President.
Mr. Urie, Mr. Mackey, and Mr. Hambright.
An order was drawn on the Treasurer in favour of Captain Jo- seph Stiles, Commissary of Military Stores, or his order, for the sum of six thousand Dollars, to be charged to account of the said Stiles.
The Council taking into consideration that the Assembly have directed Cloathing to be provided for the Officers of the Army in the Line of this State, and that it will be reasonably expected from this board that a due and early attention be paid to this important business, and having made sundry Trials to purchase the several necessaries directed without effect.
Resolved, That a Quantity of Flour be immediately Purchased for this purpose, and the same Exported, agreeable to the powers vested in this Board by Law; and that in order to Negotiate this business to the best advantage, Mr. William Turnbull be appointed agent.
1
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MINUTES OF THE
1
Resolved, also, That the following Gentlemen be desired to pur- chase and forward to this City the Quantity annexed to their re- spective names, vizt :
John Wentz, of Philadelphia county,
300 Barrels.
John Thompson, of Bucks county, 400
Do
Mr. Andrew Boyd, of Chester county,
600
Do
Philip Marsteller, Esq'r, of Lancaster county,
600
Do
Jacob Morgan, Esq'r, of Berks county,
500
Do
That Letters be wrote respectively to the above gentlemen, re- questing them to make the above Purchases, not exceeding twenty pounds # cent .; and Letters were written accordingly.
A return of Justices for the Township of Mahoning, in the County of Northumberland, having been made, and Robert Mar- tin and Frederick Antis, Esq'r, having been returned as Highest in Vote,
Resolved, That a Commission do Issue to Frederick Antis, Es- quire.
Captain Thomas Hemplin, of the Ranging Company to be raised in Northumberland, having returned a roll of his company, by which it appears he has already enlisted two non-commissioned Officers and Twelve Privates, and expects shortly to enlist several more,
Ordered, That Colonel Farmer be directed to provide the Cloath- ing directed by Congress and the State, vizt : One pair of shoes, a Hunting Shirt, a pair of Overalls, and a Blanket, for each Man for Twenty-six Men, and deliver the same to Captain Hambright, to be forwarded by him to Colonel Hunter, in Northumberland, and delivered out by him as may be necessary.
In Council.
PHILADEPHILA, Wednesday, July 14th, 1779. PRESENT :
His Excellency JOSEPH REED, President.
Hon'ble GEORGE BRYAN, Vice President.
Mr. Hart,
Mr. Hambright, and
Mr. Mackey,
Mr. Urie.
Mr. Reed,
Information was receiv'd of the Death of the Honourable George Ross, Esq'r, Judge of the Court of Admiralty, and an Invitation to his Funeral, to-morrow, at nine o'clock in the forenoon.
Resolved, That this Board will attend the said Funeral, and pro- ceed from the Council Chamber to his late dwelling house.
The Honourable the Congress having Transmitted to this Board sundry Letters addressed to them by Mr. Holker, Agent General
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SUPREME EXECUTIVE COUNCIL.
of the Marine of France, residing in this State, and also sundry Papers accompanying them, Complaining of some persons in the Town of Wilmington, and State of Delaware, having interfered with some Purchaser under him, and taken a Quantity of Flour which was claimed in behalf of the said Mr. Holker; and farther representing, that the said Flour had been afterwards brought up to this City: That he had heard from Mr. William Henry, Chair- man of a committee, in whose possession the said Flour was de- posited thereupon, and had Wrote to the said Mr. Henry, which Letters are also before this Council. And Congress having re- quested this Board to take the said matter into Consideration, that right may be done ; whereupon, the same being considered,
Resolved, That the transactions of this Board, and of all subor- dinate authority, to countenance and support the Publick Officers of his most christian majesty in the due and faithfull discharge of their several Offices.
Resolved, That the transactions of Wilmington, or elsewhere, in the State of Delaware, being out of the Jurisdiction of this Board, this Board cannot take cognizance thereof without giving cause of offence to a sister State.
And whereas, It does not appear that any demand that has been made by Monsieur Holker of the Flour, so as to afford any Infor- mation upon what ground or claim the Persons complained of have taken the said Flour into their possession ; wherefore,
Resolved, That the President be requested to write to the said Mr. Henry, informing him of the said reference of Congress, in order that a due enquiry may be made therein, and satisfaction given, and that such papers as may be necessary be therewith trans- mitted.
The Council taking into consideration the appointing of Persons in the several counties in this State to receive subscriptions and transmit the same to the Loan Officer, agreeably to the resolve of Congress of the 29th day of June last, for borrowing Twenty Mil- lions of Dollars, on Interest ; thereupon,
Resolved, That the following named Persons be appointed for the purposes expressed in the said resolve of Congress, vizt :
For the County of Bucks, John Hart, Esquire.
For the County of Chester, William Clingham, Esq'r.
For the County of Lancaster, William Barton, Esq'r.
For the County of Cumberland, William Lyon, Esq'r.
For the County of York, Archibald McClean, Esq'r.
For the County of Berks, Henry Haller, Esq'r.
And for the County of Northampton, Robert Levers, Esq'r.
And that the said appointment be transmitted to the Treasury Board.
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MINUTES OF THE
In Council.
PHILADELPHIA, Thursday, July 15th, 1779.
PRESENT :
His Excellency JOSEPH REED, Esquire, President.
Honourable GEORGE BRYAN, Esquire, Vice President.
Mr. Mackey, Mr. Urie, and
Mr. Hambright,
Mr. James Read.
Colonel Hart.
A Letter from Henry Haller, Esquire, dated the instant, together with the Depositions of Nicholas Bower and Christian Bantzy, respecting Sugar and Rum transmitted by Dr. Potts to John Wilman, Tavernkeeper in Reading, was read.
An order was drawn on the Treasurer in favour of the Honoura- ble James Read, Esquire, or his order, for the sum of one hundred and fifty pounds, on account of his pay as Councellor.
A transcript of the judgment of the Supreme Court, in favour of Henry Smith, that the sum of twenty-two pounds two shillings debt, and the sum of five pounds nine shillings and six pence, costs, be paid him out of the Estate of Andrew Allen, Esquire, dated 23d of April, 1779, was read ; and thereupon, an order was drawn on the Treasurer in favour of the said Henry Smith, for the sum of twenty-seven pounds cleven shillings and six pence, agreea- bly to the said judgment.
On Consideration,
Ordered, That John Elwood, now under sentence of death for High Treason, and confined in the Goal of the County of Bucks, be pardoned.
An order was drawn on the Treasurer in favour of William C. Bradford, Pay master of the State Fleet, or his order, for the sum of one thousand pounds, and the same to be charged to account of the said Bradford.
An order was drawn on the Treasurer in favour of Ebenezer Cowell, or his order, for the sum of six hundred pounds, to be charged to account of said Cowell.
A Letter to the Delegates of Pennsylvania in Congress, respect- ing the resolve of Congress for the reformation of the Quarter Mas- ter and Commissary departments, was read and approved, and the same was signed accordingly.
Another order was drawn on the Treasurer, in favour of Eben- ezer Coweil, or his order, for the sum of three hundred and fifty pounds, and the same to be charged to his account.
Petition of Frederick Sneider, Doorkeeper, praying an increase of his wages, was read,
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SUPREME EXECUTIVE COUNCIL.
Ordered, That Frederick Sneider be allowed the same Wages as is now allowed to Robert Patton, Doorkeeper of Congress; and that the Doorkeeper of Council have an equal privilege of the State House Yard, as the Doorkeeper of the House of Assembly.
In Council.
PHILADELPHIA, Friday, July 16th, 1779. PRESENT :
His Excellency JOSEPH REED, Esquire, President. Honourable GEORGE BRYAN, Vice President.
Colonel Hart, Mr. Mackey,
Mr. James Read, and Mr. Urie.
A Transcript of the Judgment of the Supreme Court, in favour of Phillip Marott, whereby the said Court do Decree him the sum of one hundred and twenty-six pounds nineteen shillings and six pence, debt, with five pounds nine shillings and six pence costs, from the estate of Samuel Shoemaker, 24th of April, 1779, being read ; thereupon,
An order was drawn on the Treasurer in favour of the said Phillip Marott, for the sum of one hundred and thirty two pounds and nine shillings, to be paid out of the Monies arising from the Estate of Samuel Shoemaker.
A Letter from the Honourable John Jay, Esquire, dated the 14th instant, enclosing resolve of Congress respecting Quarter Masters, Commissaries, &c., dated the Ninth instant, was read.
The office of Judge of the Admiralty being now vacant by the death of the Honourable George Ross, Esq'r, and the Council con- sidering the necessity of having that office filled without delay. On mature deliberation,
Ordered, That Francis Hopkinson, Esquire, be appointed Judge of the Admiralty of this State, and that a commission be accord- ingly issued.
Thomas Bradford, Esquire, Commissary of Prisoners, returned to this Board a list of persons as undermentioned, late Citizens of this State, taken in Arms against the subjects of the United States, which he is ready to deliver over for Trial, agreeable to the resolu- tion of Congress of Thirtieth of December, 1777, vizt. : Captain Jacob Getchues, Zachariah Hutchins, Charles McClean, Samuel Saunders, James Thompson, William Ryan, Captain of Marines, John Papley, Captn. of Letter of Marque, Schooner Patsey.
Ordered, That the same be farther considered.
Mr. Bradford having represented that Captain Geddis, of the Privateer Brigg Holker, fitted out of this State, has, contrary to VOL. XII .- 4.
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MINUTES OF THE
the resolves of Congress, and the duty He owes this State, libera- ted the Captain and crew of the Snow Friendship, lately captured by Him.
Resolved, That the bond given by the said Geddis and his owners, be sent to the Attorney General, with orders to prosecute the same, unless he shew sufficient cause to the Contrary to this Board before Wednesday next, and that a copy of this resolution be immediately sent to him.
-
In Council.
PHILADELPHIA, Saturday, July 17th, 1779.
PRESENT :
The Honourable GEORGE BRYAN, Vice President.
Colonel Hart, Mr. Mackey,
Mr. Hambright, and Mr. Urie.
Francis Hopkinson, Esquire, appointed and Commissioned to be Judge of the Court of Admiralty of this State, attended in the Council-chamber, and took the oath of Allegiance and the oath of office required by the Constitution to be taken before he enter on the Execution of his office.
Captain Geddis attended the Council, and represented that the Seamen taken on board the Snow Friendship, were Americans, and had entered on board the Brigg Holker ; and thereupon,
Ordered, That Captain Geddis do deliver up to the Commissary of Prisoners, the Captain and Mate of the said Ship Friendship. On application.
Ordered, That Mrs. Mary Matlack, wife of White Matlack, of this city, and her Brother, Nathaniel Hawkehurst, be permitted to come from New York to this City, and that a recommendation be accordingly made out.
Ordered, That application be made to the Board of War for two hundred weight of Gun Powder, and eight hundred weight of Lead, to be put into the hands of Colonel Hunter, Lieutenant of the county of Northumberland, for the use of the Militia of the said county, the removal of the Continental Troops Leaving that county greatly exposed to the attacks of the Enemy.
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SUPREME EXECUTIVE COUNCIL.
In Council.
PHILADELPHIA, Monday, July 19, 1779.
PRESENT :
His Excellency JOSEPH REED, Esquire, President.
Mr. Hart,
Mr. Reed, and
Mr. Mackey,
Mr. Urie.
An order was drawn on the Treasurer in favour of John Cornish, for sixty-six pounds fifteen shillings, for Turners' Work done for the State House.
Colonel Nichola having certified that Lieutenant Abraham Wood of the Fifth Pennsylvania Regiment, and Lieutenant William McTlhatton, of the Sixth Pennsylvania Regiment, having been wounded and thereby disabled to do duty in the line, were duly transferred to the Invalid Regiment, and the said officers having applied to this Board to be admitted to the benefits allowed other officers,
Ordered, That the same be granted, to be Drawn in the same manner as Messrs. Honeyman and Pugh.
Captain John D. Woelper, late of the German Battalion, and Captain W. Williams, of the Third North Carolina Regiment, hav- ing been transferred on account of Infirmity of Body to the Invalid Corps, and applying to this Board for the allowance made the off- cers of the Line,
Ordered, That the same be granted to Captain Woelper, he be- ing entitled as a Pennsylvania officer, and that Captain Williams be informed that this Board cannot extend it beyond the State.
The President laid before the Board a Letter from the Honour- able James Lovell, Esquire, a Delegate for Massachusetts Bay, en- closing a resolve of the Honourable Council of that State, in the following Words, to wit :
STATE OF MASSACHUSETTS-BAY, Council Chamber, June 9th, 1779.
Ordered, That the Commissary of Prisoners of this State be, and hereby is, directed to furnish Mr. Joshua Maseracre, D. C. Gen- eral of Prisoners for the Continent, with a Prisoner of equal rank with Mr. Maxwell, a Merchant, lately taken by the Continental Frigate on his passage from New York to Georgia, as soon as a Flag shall be sent by him on account of the United States, in con- sideration of said Maseracre's permitting Mr. Maxwell and his wife to proceed in the first cartel for New York, to effect an ex- change for Mr. Coates, of Philadelphia, who has been captured by the Enemy above twelve Months ago, and is now a Prisoner on Parole at Philadelphia, and for whose redemption his Excellency
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MINUTES OF THE
Joseph Reed, Esquire, Governor of the State of Pennsylvania, has applied to this State thro' James Lovell, Esq'r, one of the Dele- gates from this State at Congress, and urged as a reason therefor that Colonel Skene, who was made Prisoner in the State of Penn- sylvania, was given in exchange for Mr. Lovell, as will appear by Mr. Lovell's Letter of the Seventeenth of May last, directed to the Secretary.
A true copy.
Attest-JOHN AVERY, Dy. Sec'y.
And also a letter from Joshua Maseracre, Dep'y Com'y General of Prisoners for said State, signifying his acquiescence in said re- solve, and readiness to Execute the same.
Colonel Marsteller, Paymaster of the Militia of Lancaster Coun- ty, having certified the services of two companies of Militia, com- manded by Captains Petrie and Shoufler, for two months, the for- mer consisting of seventy-four and the latter of eighty-four officers and privates, in order to their being paid twenty pounds + man, agreeable to the late act of Assembly,
Ordered, That the State Treasurer do give an order therefor on the Trustees of the General Loan Office, specifying the same to have been for service in guarding Continental Stores and other ser- vice of the United States, and that the said Certificates be Trans- mitted, together with a copy of this resolve, to David Rittenhouse, Esquire, Treasurer of the State.
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