USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XII > Part 50
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A return of Justices for the township of Colerain, in the county of Bedford, was received and read, by which it appears that Gideon Richey & Abraham Miley, were duly elected Justices for the said township : On consideration,
Resolved, That Gideon Richey, Esquire, be appointed a Justice of the Peace for the county of Bedford, and that he be commis- sioned accordingly.
A resolution of the Hon'ble House of General Assembly of the 27th instant, referring to this Board the letter from Thomas Smith, Esq'r, Commissioner of the Continental Loan Office for this State, respecting the money emitted by Congress, agreeable to the resolu- tion of the 18th of March last, was read and ordered to be filed.
A letter from Jacob Cook, of this day, was read, praying leave to resign his commission of Justice of the Peace in the county of Lancaster, in consequence of his being elected one of the Repre- sentatives in the General Assembly, for the said county : On con- sideration,
Resslved, That the said resignation be accepted.
A return of Justices for the township of Derry, in the county of Cumberland, was read & rejected, the same not being made agreea- ble to law.
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SUPREME EXECUTIVE COUNCIL.
In Council.
PHILAD'A, Thursday, Nov'r 30th, 1780.
PRESENT :
His Excellency the President.
Hon'be the Vice President.
Mr. Gardner,
Mr. Van Campen,
Mr. Read,
Mr. Potter, and
Mr. Whitehill,
Mr. Piper.
An order was drawn on the Treasurer in favor of Mr. Henry Spicker, Paymaster of the county of Berks, for the sum of £163,000, for the purpose of paying the militia of the said county, provided there be so much paid into the Treasury, of the monies arising from militia fines in the said county, for which he is to account.
Ordered, That the officer. commanding at Mud Island be di- rected to permit the vessel called the Flora, commanded by Paul Coxe, Esq'r, a flagg of truce from the island, to pass the fort at Mud Island, on her way to this city.
The Council taking into consideration the case of Joshua Bunt- ing, now confined in the old goal; thereupon,
Resolved, That he be discharged from confinement on his giving bond, himself in the sum of £500, and two sufficient sureties, each in the sum of £250, specie; conditioned that he render himself to his Excellency the President of this State, or to his Excellency William Livingston, Esquire, Governor of the State of New Jer- sey, when called upon to answer such charges as may be brought against him, touching a dangerous trade lately carried on with the enemy at New York, by divers persons of this State, and of the State of New Jersey.
A letter of the 27th instant, from Andrew Long, Esquire, in- closing his commission appointing him a Justice of the Peace for the county of Bucks, and praying this Board to accept his resigna- tion thereof ; on consideration thereof,
Resolved, That the said resignation be accepted.
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In Council.
PHILAD'A, Friday, Dec'r Ist, 1780.
PRESENT :
His Excellency the President.
Hon'be the Vice President.
Mr. Lacey, Mr. Whitehill,
Mr. Gardner,
Mr. Potter,
Mr. Read,
Mr. Piper.
An order was drawn on the Treasurer in favour of Frederick Sneider, for the sum of £739 5, amount of his account for his wages from the first to the 30th instant, at sixty dollars per day, and cash paid for sundry articles for the use of the Council.
William West, Junior, appeared before this Board, in pursuance of the Proclamation of the second of October last; and on exami- nation,
Resolved, That he be directed to attend one of the Justices of the Supreme Court, and enter security for his appearance at the next court of Oyer and Terminer and General Goal Delivery, to answer such charges as may be made against him.
A letter from Colonel Samuel Miles, Deputy Q'r Master Gene- ral, of the 25th ult., requesting the sanction of the Council to cut down for the publick use, a quantity of timber upon a tract of land situate on the Lancaster road, about four miles from this city, be- longing to some person in England or elsewhere, and agreeing to pay therefor, as the same shall be fairly valued by impartial per- sons, being now read and considered,
Resolved, That the said Colonel Miles have the sanction of this Board to cut down and apply the wood in the said land to the pur- pose set forth in the said letter; that he be directed to have the same valued on oath, and deposit the amount of the valuation in the hands of the Treasurer of this State, taking his receipt for the same, and report thereon to this Council; and that the said Colo- nel Miles be authorised to prevent any other persons from cutting or carrying away wood of any kind from the said land, unless with the permission of this Board in writing.
An order was drawn on the Treasurer in favour of Major Wil- liam Armstrong, for the sum of £7,073 10, Continental money, for the purpose of paying the workmen employed at Mud Island, and for purchasing the necessary provisions; for which he is to ac- count.
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SUPREME EXECUTIVE COUNCIL.
In Council.
PHILAD'A, Saturday Dec'r 2d, 1780.
PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Gardner, Mr. Read, Mr. Whitehill,
Mr. Piper, and Mr. Potter.
An order was drawn on the Treasurer in favour of Brigadier General James Potter, Esq'r, for the sum of £1,771 5, to be by him paid to Samuel Harris, for repairing of publick arms in the county of Northumberland.
An order was drawn on the Treasurer in favour of Mr. David Hays, for the sum of £25, State money, for twenty-two sheep pur- chased by Thomas Heslip, Commissioner for purchasing cattle in the county of Chester for the use of the army, agreeable to act of Assembly passed the first day of June last.
A letter of the seventh of November last from William Brown, Esq'r, was read, praying leave to resign his Commission of Justice of the Peace for the county of Cumberland, in consequence of his being elected one of the representatives in the General Assembly for the said county ; and thereupon,
Resolved, That the said resignation be accepted.
An order was drawn on the Treasurer in favour of the Hon'ble William Moore, Esq'r, Vice Presid't, for the sum of £2,000, Con- tinental money, in part of his salary as Vice President; for which he is to account.
An order was drawn on the Treasurer in favour of his Excel- lency Joseph Reed, Esq'r, President, for the sum of £500, State money, ballance of his salary for the last year.
An order was drawn on the Treasurer in favour of Brigadier General James Potter, Esq'r, for the sum of £1,000, Continental money, in part of his pay as a member of this Board ; for which he is to account.
A resolution of the Hon'ble House of General Assembly of the first instant was received and read, authorising and requesting George Clymer, John Nixon, Tench Francis, and Blair McClena- chan, Esq'rs, of the city of Philadelphia, to purchase in behalf of this State, ten thousand bushels of Indian corn, as an immediate supply of forage for the Federal army, and to transport the same to Trenton, to the order of the Quarter Master General of the said army; the said corn to be paid for out of the first monies which may come into the hands of the State Treasurer; and author- izing this Board to draw upon the State Treasurer for the repay-
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ment of any sums of money which may be advanced by the per- sons above mentioned, in the purchase aforesaid, in preference to any other demand; and directing the Treasurer of this State to re- tain in his hands a sum not exceeding £200,000 Continental money, for the purpose aforesaid.
In Council.
PHILAD'A, Monday, Decem'r 4th, 1780. PRESENT :
His Excellency the President. Hon'be the Vice President.
Mr. Lacey, Mr. Read, Mr. Piper,
Mr. Potter, and Mr. Gardner.
A deed was examined and signed by his Excellency the Presi- dent, to Conrad Leatherman, conveying a certain tract of land, situ- ate in York township, in the county of York, and bounded as fol- lows, vizt:
Beginning at a stone standing on the east side of Big Codorous creek, and extending thence by the land of George Bentz south 72 degrees east 194 perches to a marked black oak; thence by the land of Peter Dehl north one degree and 38 minutes east 190 perches to a black oak marked for a corner, and north fifty-one degrees and a quarter east eighty-three perches to a marked white oak; thence by land of James Smith, Esquire, north two degrees east ninety-eight perches and two-tenths of a perch to a stone, and north 62 degrees and a quarter west 106 perches and six-tenth parts of a perch to a marked white oak tree, and west 95 perches to another marked white oak on the east bank of the Big Codorous creek aforesaid ; & thence up the said creek on the various courses thereof 384 perches to the beginning; containing 377 acres and three quarters, and the allowance of six acres per cent. for roads, &c. Seized and sold agreeable to law, as the estate late of James Rankin, to the said Conrad Leatherman, for the sum of £35,201, which sum he hath paid into the hands of the agents of confiscated estates in the said county. Deed dated the 4th instant.
A letter was written, directed to the Hon'ble the Speaker of the General Assembly, requesting a conference at eleven o'clock to- morrow with the Hon'be House, or such committee thereof as they shall think proper, on the resolve of Friday last, respecting the purchases of corn for the army, and appropriating the monies which are or may be in the treasury to that service, in preference to all others.
561
SUPREME EXECUTIVE COUNCIL.
In Council.
PHILAD'A, Tuesday, Decem'r 5th, 1780.
PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Lacey, Mr. Potter, and
Mr. Gardner,
Mr. Whitebill,
Mr. Piper.
An order was drawn on the Treasurer in favour of his Excel- lency Joseph Reed, Esq'r, President, for the sum of £5,000, Con- tinental money, in part of his salary, for which he is to account.
An order was drawn on the Treasurer in favour of David Espy, Esquire, Prothonotary of the county of Bedford, for the sum of £800, State money, to be by him paid to William Holliday, Esquire, Paymaster of said county, for the purpose of paying the company of volunteers under the command of Captain John Moore. On consideration,
Resolved, That the said company of volunteers be now dis- charged, and no longer considered in the pay of this State.
A resolution of the Hon'ble House of Assembly of the fourth instant was received and read, consenting to the conference re- quested yesterday by this Board. Whereupon, the.Council agreed to meet the Hon'be House in the Assembly room.
In Council.
PHILAD'A, Wednesday, Dec'r 6th, 1780.
PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Lacey, Mr. Gardner,
Mr. Read,
Mr. Piper, &
Mr. Whitehill,
Mr. Potter.
A resolution of the Hon'ble House of Assembly of the fifth instant was received and read, rescinding their resolution of the first instant, appointing divers gentlemen to purchase ten thousand bushels of Indian corn for the use of the army.
An order was drawn on the Treasurer in favour of Colonel Lewis Farmer, for the sum of £3,000, Continental moncy, for purchasing VOL. XII .- 36.
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the enumerated articles of rum, sugar, tea, coffee, &c., for the use of the troops of the Pennsylvania line.
An order was drawn on the Treasurer in favour of Colonel Lewis Farmer, for the sum of £2,000, State money, for purchasing the enumerated articles of rum, sugar, tea, coffee, &c., for the use of the troops of the Pennsylvania line, for which he is to account.
An order was drawn on the Treasurer in favour of Henry Bentz, for the sum of £3,676 17 6, for thirty-seven sheep, purchased by William Scott, Commissioner of Purchases in the county of York, . agreeable to an act of the General Assembly, passed the 1st day of June last.
Council having received information that a vessel, cleared out for Boston, is now lying at Warder's wharf, the captain of which is a person of suspicious character, and that her cargo will suit New York ; thereupon,
Resolved, That the Naval Officer be directed to make inquiry respecting the said vessel, and report to this board, and in the mean time take measures to prevent her sailing.
In Council.
PHILAD'A, Friday, Dec'r 8th, 1780.
PRESENT :
His Excellency the President.
Hon'be the Vice President.
Mr. Gardner, Mr. Lacey, Mr. Whitehill,
Mr. Potter, and
Mr. Piper.
An order was drawn on the Treasurer in favour of Hon'ble Robert Whitehill, Esq'r, for the sum of £61, State money, in part of his pay as a member of this Board, for which he is to account.
Letters of the fourth and sixth instant, from his Excellency Samuel Huntingdon, Esq'r, President of Congress, were received and read, inclosing the two following resolutions of Congress, vizt : One of them of the 30th of November last, recommending to the several States to inform the Commissary General and Deputy Com- missary, immediately, of the names of their principal agent or Com- missioner respectively, for supplying the army, and to give infor- mation from time to time to the Commissary General or Deputy Commissary, with the southern army, as the case may be, of their prospects, and how far they shall be able to comply with their re- quisitions.
That the live stock to be furnished by the several State's, be de- livered to such store keepers within each State, at such times, and
563
SUPREME EXECUTIVE COUNCIL.
in such quantities, as the Commissary General or the Deputy Com- missary shall direct, under the regulations contained in the act of Congress of the 15th of July last, for the delivery of all other pub- lick property.
And the other of them, of the fourth instant, appointing Messrs. Thomas Smith and Richard Bache on the part of the United States, either of them to endorse the bills that shall be emitted by the State of Pennsylvania, pursuant to the resolution of Congress of the eighteenth of March last.
A petition from John Davis, Captain of a company of militia, of the city of Philadelphia, being read and considered,
Resolved, That General Potter, Mr. Piper and General Lacey, be a committee of this Board to inquire into the facts set forth in the said petition, and report thereon.
A petition from Elizabeth Ruell, praying a pass to the city of New York, was read; and
Ordered, That the same be granted, on condition that she do not return again,
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In Council.
PHILAD'A, Saturday, Decem'r 9th, 1780. PRESENT :
His Excellency the President.
Hop'ble the Vice President.
Mr. Lacey, Mr. Potter, and Mr. Piper.
Mr. Gardner, Mr. Whitehill,
A petition from Michael Copple, convicted of an assault and battery upon a certain Peter Stout, a constable, in the execution of his office, at the court of Quarter Sessions held at Philadelphia the 4th instant, and sentenced to pay a fine of £200, to the use of the State, and to pay the costs of prosecution, was read, praying remission of the said fine.
On consideration,
Resolved, That the fine adjudged to be paid to the use of the State be remitted, provided he ask pardon of publick authority, and also of the constable whom he hath injured, and that he pro- mise to behave himself in future, not only as a good soldier, but a peaceable and quiet citizen.
A petition from Terrall Wade, praying a pass to the city of New York, was read, and the same was dismissed.
A petition from Henry Smith and William Wood, setting forth that they have permission from John Okely, Esquire, to fence and
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MINUTES OF THE
improve a tract of land in Blockley township, called Mark's liberty land, he being the surviving trustee; that they have paid the taxes of said land, & praying permission from this Board to cut and use as much of rail timber and other wood, as will repay them, and enable them to improve said land and pay future taxes, was read, and the same was rejected.
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In Council.
PHILAD'A, Monday, Decem'r 11th, 1780. PRESENT:
His Excellency the President.
Hon'ble the Vice President.
Mr. Lacey,
Mr. Read, Mr. Gardner,
. Mr. Potter, Mr. Piper.
An order was drawn on the Treasurer in favour of Mr. James Loughead, Paymaster of the militia of the city and liberties of Phil- adelphia, for the sum of £400, State money, for the purpose of paying the militia of the city and liberties of Philadelphia, lately called into service, to be paid out of the monies arising from mili- tia fines.
The following message being read and considered, was approved and signed, vizt :
Message from the President & Supreme Executive Council to the Representatives of the freemen of Pennsylvania in General As- sembly met.
Gentlemen,
The bill intitled "An Act to impower the Supreme Executive Council, the Justices of the Supreme Court, and Justices of the General Quarter Sessions of the Peace in the city and several counties in this State, to apprehend suspected persons," having been published for consideration, and duties resulting therefrom princi- pally affecting this Board, we have thought it necessary to submit some important particulars to your attention in its farther progress. The necessity of giving special powers seems acknowledged by fra- ming such a bill at this time ; but in our judgment, this bill gives none which we do not possess by the constitution of this State, vizt : a power of commitment upon such evidence as appears to us to jus- tify suspicion ; vesting a power in the Justices of the Supreme Court which they are already by law vested with, to admit the party to bail. It has been the policy of all other States, and even of our enemy, at this juncture, to repose a confidence in the Executive powers to guard the publick safety by commitments not subject to the examination
565
SUPREME EXECUTIVE COUNCIL.
of any other, and much less an inferior authority, for such we deem the Justices of the Supreme Court on this occasion, and we cannot help thinking the superior confidence in the Justices of the Supreme Court implied by this bill, not only degrading to the Coun- cil, but inconsistent with the spirit of the Constitution. The ne- cessary and natural consequences resulting from which is, that the Council must in all cases appear before the Justices of the Supreme Court to vindicate their commitment, or the party be immediately discharged; or if the Justices of the Supreme Court have no dis- cretion to revise the commitment of the Council the bill gives no other powers than before. A power to bail a person, who by the same law is committed to remain in prison without bail, or main prize, is not only inconsistent with our ideas of law, but involves in it a degree of impropriety not unworthy the attention of the House. The limits of a message will not permit our entering into some other particulars well deserving your notice; we shall, therefore, only add, that we request no powers which are not neces- sary for the publick safety and tranquility; and when we reflect on the circumstances under which a former bill of this nature passed, the happy effects resulting from it, and that in its operation no com- plaint has been made of abuse or oppression, we are unable to com- prehend the reasons which have suggested the giving an ostensible delusive power instead of a real and sufficient one. And we must declare, in justice to ourselves, that if any tumults, publick disor- ders, or other bad consequences, shall hereafter result from any de- fects in the ordinary course of justice, we hope they will not be imputed to us; nor can we hold ourselves accountable for the pub- lic safety or its tranquility, if the means of preserving it, sanc- tioned by experience, are withheld.
We take this occasion also to mention the impropriety of the citizens of this State passing to Great Britain, or any of its domin- ions, but by publick permission, and that some regulations of this intercourse ought to be made as soon as possible. For your infor- mation we communicate a letter wrote by a native of this State to the Minister Plenipotentiary of the court of Versailles, respecting two persons from this State who have been detained in France in consequence of the jealousy entertained in that kingdom of such characters.
A resolution of the Hon'ble House of General Assembly of the 11th instant, was received and read, declaring that the resolution of the 11th ult., directing the Council to suspend the sale of con- fiscated estates, was intended to comprehend only such confiscated estates as were unappropriated by law, & requesting this Board to furnish the House with a particular account of all confiscated estates already sold, with the names of the purchasers, and the prices they were sold at, together with an account of those reserved for the use of the University, and those remaining unsold.
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Resolved, That warrants be issued under the less seal of the State for apprehending and bringing before the Council Joseph Griswold, of the city of Philad'a, and Tolbert, of the county of Bucks, they being charged before this Board as persons whom there is just reason to suspect are enemies to the American cause, and guilty of high treason, by holding an unlawfull and dangerous cor- respondence with the enemy at New York.
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In Council.
PHILAD'A, Tuesday, Dec'r 12th, 1780.
PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Lacey,
Mr. Potter, and
Mr. Gardner,
Mr. Piper.
Mr. Read,
The Council taking into consideration a letter from Jacob Krug, Commissioner of the taxes in the county of Lancaster, dated the 17th of November last, representing that he hath been called upon for a fine for not performing his tour of militia duty, & praying the aid of this Board ; thereupon,
Resolved, That the said Jacob Krug be excused from paying the said fine.
In Council.
PHILAD'A, Wednesday, Dec'r 13th, 1780.
PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Gardner, Mr. Lacey,
Mr. Potter, and Mr. Piper.
Resolved, That Colonel Jacob Morgan, Lieutenant of the county of Berks, be directed to pay off with all expedition, the militia who marched on the late tour of duty; and that in case of Colonel Morgan's indisposition, to proceed personally in this duty to urge the Sub-Lieutenants, so as to collect a competent sum to answer the above purpose without delay.
Resolved, That no money be issued to Colonel Lindemuth, with- out the particular direction of this Board.
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SUPREME EXECUTIVE COUNCIL.
Joseph Grieswold being brought before this Board, and it ap- pearing on examination that the charges against him are well founded ; on consideration,
Resolved, That Joseph Grieswold be committed to the goal of the city and county of Philadelphia, there to remain untill deliv- ered in due course of law ; and the goaler is directed to receive and keep him accordingly.
Mr. Smith and Mr. Galbreath, from the House of Assembly, laid before the Board articles of impeachment against Francis Hop- kinson, Esq'r, Judge of the Court of Admiralty; which being read,
Ordered, That Saturday next at eleven o'clock in the forenoon, be appointed to proceed thereupon. That in the meantime the Secretary do furnish the said Francis Hopkinson, Esquire, with a copy of this order, and the said articles, that he may give in his written answer thereto, before the said day.
The following orders were drawn on the Treasurer, vizt :
In favour of Colonel Robert Lollar, Paymaster of the militia of the county of Philadelphia, for the sum of £11,100, Continental money, for the purpose of paying the militia of the said county, and for which he is to account; the same to be paid out of the monies arising from the militia fines, and to be charged to Colonel William Coates, Lieutenant of the said county.
In favour of Joseph Dean, for the sum of ££49 10 shillings, State money, for thirty-three days service as one of the auditors of the publick accounts, from the first of November last, to the 11th in- stant.
In favour of Jacob Morris, for the sum of £48, State money, for thirty-two days' service as aforesaid.
In favour of John Shee, for the sum of £43 10, State money, for twenty-nine days' service as aforesaid.
The following message being read & considered, was approved and signed, vizt :
Message from the President and Council to the Representatives of the freemen of Pennsylvania, in General Assembly met :
Gentlemen :- In consequence of a vote of your Hon'be House, or some directions given by a committee, the Treasurer has declined paying the Commissioner of Purchases any Continental money, in consequence whereof, the purchase of supplies has stopped, and he disabled from complying with some precedent engagements, as you will see by the inclosed representation, which for your better in- formation we communicate.
JOSEPH REED, President.
Ordered, That the same be presented to the Hon'ble the Speaker of the General Assembly.
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A petition from divers inhabitants of the county of Berks, con- victed at a court of Oyer and Terminer and General Goal Delivery, held in the said county, of a misdemeanor in associating together to oppose the collection of the publick taxes in said county, was read, setting forth that they are unable to pay the fines laid on them by the said court, and praying remission of the same ; whereupon,
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