USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XII > Part 52
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A resolution of the Hon'ble House of Assembly of the twentieth instant, was received and read, permitting the Hon'ble Thomas Mc- Kean, Esq'r, Chief Justice of the Commonwealth of Pennsylvania, to occupy and possess the house and lots, with the appurtenances, late the property of Reverend Jacob Duche, the younger, untill the first day of July next, and untill the further order of the House.
In Council.
PHILAD'A, Thursday, Dec'r 21st, 1780.
PRESENT :
His Excellency the President.
Hon'be the Vice President.
Mr. Lacey,
Mr. Potter, and
Mr. Gardner,
Mr. Piper.
Mr. Read,
An order was drawn on the Treasurer in favour of Colonels Has- ner, Johnston & Humpton, for the sum of one thousand dollars, State money, to be accounted for to the Auditors of Accounts by the officers, to be accounted for by the Pennsylvania line.
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SUPREME EXECUTIVE COUNCIL. 579
The petition of Elinor Haines, convicted of receiving stolen goods, & sentenced to pay a fine of £200, praying the said fine may be remitted, being read and considered,
Ordered, That the said fine be remitted, on condition that she go to the work-house, and there continue under confinement, at hard labour, for and during the space of one month.
A petition from Joseph Stansbury, now confined in the old goal, was read, praying that this Board would restore to him such of his books and papers as may not be necessary for the Council to retain, and to indulge him with the opportunity of taking copies of such others as cannot be restored, promising to return them when de- manded ; whereupon,
Resolved, 'That the prayer of the said petition be granted.
An order was drawn on the Treasurer in favour of Hon'ble James Read, Esquire, for the sum of ££1,500,. Continental money, in part of his pay as a member of this Board, for which he is to account.
A letter from Francis Hopkinson, Esq'r, Judge of the Court of Admiralty, stiled " an answer to the third article of impeachment exhibited against him by the House of General Assembly," was read, and
Ordered, That the same be sent to the committee of the Hon'ble House of Assembly, appointed to support the said impeachment."
Ordered, That the committee of the Hon'ble House of Assembly appointed to prosecute the charges exhibited against the Hon'ble Francis Hopkinson, Esq'r, Judge of the Admiralty, and the said Francis Hopkinson, be informed that the Council are now ready to hear the said charge and defence.
The Hon'ble James Smith, Esq'r, & Robert Galbraith, Esq'r, the committee of the Hon'ble House of General Assembly, ap- pointed to prosecute, &ca., and the aforesaid Francis Hopkinson, together with the Attorney General of the State, attended in the Council Chamber, & the doors of the Council Chamber remained open.
His Excellency presented to the said committee of Assembly the answer of the said Judge, above mentioned, to the last charge exhibited against him.
The said committee informed the Council that Mr. Matthew Clarkson, a principal witness in the cause depending, was ill in bed, being afflicted with the gout, and prayed that an order may be made for taking his deposition in the presence of the committee and the attorneys of the defendant.
It was moved by James Wilson, Esquire, attorney for the defen- dant, that the charges against the said Francis Hopkinson, Esquire,
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be now read ; and thereupon, Mr. James Smith, one of the com- mittee, read the charges as follows, vizt :
State of Pennsylvania :
IN GENERAL ASSEMBLY, Decem'r, 12th, 1780.
Articles of impeachment for certain crimes and misdemeanors,
against Francis Hopkinson, Esquire, Judge of the Court of Ad- miralty of the Commonwealth of Pennsylvania, by the Representa- tives of the freemen of the said Commonwealth, in General Assem- bly met, in their own name, and in the name of all the freemen of the said Commonwealth, exhibited to the Supreme Executive Council:
First. That having a power by law to appoint an agent for un- represented shares belonging to absent seamen and others, he, the said Francis Hopkinson, in a conversation with the late Marshall, Matthew Clarkson, offered and proposed to appoint Blair M'Clena- han agent, for a number of such shares belonging to seamen who had sailed on board the Privateer Holker, upon condition that he, the said Blair M'Clenahan, would make him a present of a suit of cloathes ; and this condition not being complied with, he appointed others in his stead.
Second. That he, the said Francis Hopkinson, issued a writt for the sale of the cargo of a prize, declaring in the same writt, that it was testified to him that the same cargo was "in great danger of waste, spoil and damage," when in fact and in truth no such testimony or return was ever made or given to him in the instance of the car- go of the prize ship Albion.
And the said Representatives of the freemen of the Common- wealth of Pennsylvania in General Assembly met ; do demand that the said Francis Hopkinson, Esq'r, Judge of the Court of Admiral- ty, may be put to answer to all and every the premisses, and that such proceedings, examinations, trials and judgments, may be upon him had and used as is agreeable to law and justice, and the direc- tions of the Constitution of this Commonwealth ; and the said Rep- resentatives of the freemen aforesaid, are ready to offer proofs of the premisses, when and where the Supreme Executive Council of this State of Pennsylvania shall appoint.
Signed by order of the House.
FRED'K A. MUHLENBERG, Speaker.
Attest-SAMUEL STERITT,
Clerk of the General Assembly.
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SUPREME EXECUTIVE COUNCIL.
IN GENERAL ASSEMBLY OF PENNSYLVANIA, Tuesday, December 19th, 1780. S
A further article of impeachment for exacting and receiving ille- gal fees, against Francis Hopkinson, Esquire, Judge of the Court of Admiralty of this State of Pennsylvania, in addition to the former two, exhibited to the Supreme Executive Council the twelfth in- stant, by the Representatives of the freemen of the Commonwealth of Pennsylvania in General Assembly met.
THAT WHEREAS, By an act of the General Assembly of this Commonwealth, passed the 27th day of November, in the year of our Lord one thousand seven hundred and seventy-nine, it is enact- ed, that the fees of the Judge of Admiralty, including his fee for a final decree in case of a ship or vessel under the burthen of one hundred tons, shall be twenty-five bushels of wheat, and in the case of a ship or vessel above the burthen of one hundred tons, shall be forty bushels of such wheat, payable, however, in money, as in the case of other civil officers of this State; nevertheless, he, the said Francis Hopkinson, Esq'r, Judge of the Court of Admiralty, in contempt of the act of Assembly afores'd, did exact and receive, as and for his fees as Judge of the Court of Admiralty, the sum of £1300, in the case of the Brigg Recovery, (Job Pray, a Libellant, and Robert Morris, Claimant,) of the burthen of about eighty tons, being a greater and larger sum than by law he ought to have re- ceived.
And the said Representatives of the freemen of the Common- wealth of Pennsylvania in General Assembly met, do demand that the said Francis Hopkinson, Esquire, Judge of the Court of Ad- miralty, may be put to answer to the above charge, in like manner as to the former charges exhibited in the impeachment sent up the twelfth instant, they being in like manner ready to offer proofs of the premisses, when and where the Supreme Executive Council of this State of Pennsylvania shall appoint.
Signed by order of the House,
FRED'K A. MUHLENBERG, Speaker.
Attest-SAM'L STERITT,
Clerk of the General Assembly.
The Attorney General read two several replys of the said Fran- cis Hopkinson to the said charges.
Mr. Ingersoll, counsel for the defendant, in his behalf declared his consent that the deposition of Matthew Clarkson should be taken, agreeble to the motion by Mr. Smith; and thereupon,
Ordered, That the deposition of Matthew Clarkson, touching the cause now in hearing before the Council, be taken this after- noon at four o'clock, at the house of the said Clarkson, in the pre- sence of the committee of the House, or either of them, and of the
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Council of the said Hopkinson, or one of them ; and that a commit- tee of Council do also attend.
Ordered, That the Vice President, Mr. Read and Doctor Gard- ner, be a committee for the said purpose.
On motion by Mr. Wilson, that a deposition of Robert Morris, Esquire, a material witness in the case now in hearing, and whose state of health rendered his attendance in the court very uncertain, may be taken in like manner as is ordered in the case of Mr. Clark- son ; and the committee of the House consenting to the same, it was agreed to by the Council, and the same committee directed to at- tend the taking of the said deposition. The court adjourned to ten o'clock to-morrow morning.
In Council.
PHILAD'A, Friday, December 22d, 1780. PRESENT :
His Excellency the President.
Honourable the Vice President.
Mr. Lacey, Mr. Read, General Potter,
Mr. Piper, and
Mr. Gardner.
The committee of the Hon'ble House of General Assembly, Francis Hopkinson, Esquire, and the Attorney General of the State, attended in the Council chamber ; the doors of the Council chamber remaining open.
Mr. Smith moved that the deposition & cross examination of Matthew Clarkson be now read, and the same was read by Mr. Galbreath.
Mr. Smith moved that testimony be taken, as to the first charge, separately, to which no objection was made; and thereupon, Mr. Gerardus Clarkson was called in, and sworn and examined.
William Lewis, Esquire, Mr. Thomas Fitzimmons, Andrew Ro- beson; Esquire, Mr. Blair McClenachan, Robert Morris, Esquire, and Mr. William Heysham, were called in and sworn in like man- ner, and gave an account of what they knew respecting the case now before the Council.
The Court adjourned to ten o'clock to-morrow morning
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SUPREME EXECUTIVE COUNCIL.
In Council.
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PHILAD'A, Saturday, Decem'r 23d, 1780. PRESENT :
His Excellency the President.
Hon'be the Vice President.
General Lacey, Doctor Gardner, Mr. Read,
General Potter, & Colonel Piper.
The Honourable committee of the General Assembly, Hon'ble Francis Hopkinson, Esquire, the Attorney General of the State, and the Attorneys for the defendant, attended in the Council cham- ber.
Mr. Smith adduced cases to support the charges.
Mr. Wilson replied.
At the request of the Hon'ble committee of Assembly, the Court was adjourned till three o'clock in the afternoon.
Same day, in the afternoon-3 o'clock.
PRESENT :
His Excellency the President.
Hon'ble the Vice President.
General Lacey, Mr. Read, Doctor Gardner.
Colonel Piper,
General Potter,
Mr. Smith, one of the Hon'ble committee of the General Assem- bly ; Francis Hopkinson, Esquire, the Attorney of the State, and the Attorneys for the defendant, attended in the Council chamber.
The Attorney General of the State opened the argument in behalf of the State. Mr. Ingersoll and Mr. Wilson, Attorneys for the defendant, replied. Mr. Smith, in behalf of the State, replied to the Attorneys on the part of the defendant. The Attorney of the State closed the argument.
The Court adjourned 'till next Tuesday morning at ten o'clock.,
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In Council.
Saturday evening.
PRESENT :
As before.
An order was drawn on the Treasurer in favour of General Pot- ter, for the sum of £1,550, State money, to be forwarded to Thomas Jordan, Paymaster of the county of Northumberland, for the pay- ing the seven months men in the said county, and recruiting Cap- tain Robinson's company.
A letter from Hon'ble the Speaker of the General Assembly of the twenty-first instant, was read, on the subject of the Commissa- ries' & Quarter Masters' certificates, and inclosed therein a report of a committee of the House, and answer of a committee of Con- gress on the same subject.
A letter was accordingly written in answer to the letter from the Hon'ble the Speaker.
In Council.
PHILAD'A, Monday, Dec'r 26th, 1780. PRESENT :
His Excellency the President. .
Hon'ble the Vice President.
Mr. Lacey, Mr. Potter,
Mr Piper, and Mr. Read.
The Council having met agreeable to adjournment, Mr. Smith of the committee of the General Assembly attending, and Francis Hopkinson, Esq'r, also attending, the President, after some intro- ductory observations, proceeded to give the determination of the Court upon the articles of the impeachment ; which was, that it was the unanimous opinion of the Board that the said Francis Hopkinson, Esquire, was not guilty on all or any of the articles of impeach- ment exhibitted against him, and that he be discharged from the said impeachment accordingly. On consideration,
Resolved, That William Shaw, Esquire, of the county of North- umberland, be appointed Commissioner of Purchases in the s'd county, in the room of Frederick Antis, Esquire, lately appointed President of the Courts of Quarter Sesssions, Common Pleas and Orphan's Court, in the county aforesaid.
The Council took into consideration the case of the estate situate on the north side of Mulberry street, and extending into the river Delaware, confiscated and seized as the property of William Aus-
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SUPREME EXECUTIVE COUNCIL.
tin, late of this city, and sold by public vendue, accord'g to law, on the day of last, and struck off to Isaac Aus- tin, now of this city, he being the highest bidder, for the sum of but the said Isaac Austin having neglected to comply with the conditions of sale, publickly made known, the said estate hath reverted to the Commonwealth ; and thereupon,
Ordered, That the estate on the north-east corner of Mulberry street, extending into the river Delaware, late the estate of William Austin, be assigned to the University of the State of Pennsylva- nia, and that the same be charged to the said Institution, at the sum of £90,550, in the estimation of the estates directed by law to be assigned to the said institution.
Ordered, That the estate at the north-east corner of Mulberry street, and extending into the river Delaware, be now delivered into the possession of the trustees of the University of Pennsylvania.
The petition of Joseph Grieswold, a prisoner now in the old goal, praying to be admitted to bail, was read ; and thereupon,
Ordered, That Joseph Grieswold be admitted to bail, himself becoming bound in the sum of £1,000, and two sufficient sureties each in the sum of £500, for his good behaviour. The said sums to be in specie.
The Council taking into consideration the appointing a receiver of provisions, agreeable to the act of General Assembly, intitled " An Act to permit the exportation of flour of wheat from this State by sea, under certain limitations and restrictions ;"
Resolved, That John Hazlewood be appointed to the said office.
The Council taking into consideration, that the crimes charged against Patrick Garvey, James Steelman, John Shaw, and William Blake, are alledged to have been committed in the State of New Jersey ; therefore,
Resolved, That the said Patrick Garvey, James Steelman, John Shaw, and William Blake, be confined in the goal of the city and county of Philadelphia, untill they shall be sent to the said State for trial, and that a copy of this minute be sent to the keeper of the said goal.
A letter from William Bradford, President of the Convention held at Hartford, in the State of Connecticutt, dated November 22d last, inclosing the proceedings of the said Convention, was read ; and it was
Ordered, That the same be laid before the General Assembly at their next meeting.
A letter from Hon'ble John Van Campen, of the nineteenth in- stant, was read, informing that the Wyoming garrison are alarmed at the stopping of the supplies from this State, destined for that place, and that they have sent six of their principal gentlemen to Connecticutt, to solicit their relief and protection.
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A letter was also read from Colonel Broadhead, dated the eighth instant, acquainting this Board that the Delaware Council, at Coo- shocking, have declared war against the Seneca Indians, and that hostilities have commenced. Also, of their distress for want of meat in the garrison.
Ordered, That the said letters be filed.
An order was drawn on the Treasurer in favour of Major Wil- liam Armstrong, for £250, State money, for paying the workmen employed at Mud Island, and purchasing the necessary provisions.
An order was drawn on the Treasurer in favour of Mr. Thomas Nevill, for the sum of £110 15 7, State money, amount of his ac- count for repairs done to the publick magazine.
A petition from Margaret Dyer, setting forth that she hath been convicted of larceny at the Court of Quarter Sessions held the fifth instant, and sentenced by the said court to pay a fine to the use of the State, of £900, &c., was read, praying remission of the said fine ; thereupon,
Resolved, That the said fine be remitted.
In Council.
PHILAD'A, Wednesday, Dec'r 27th, 1780. PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Gardner, Mr. Read, General Potter, and Colonel Piper.
An order was drawn on the Treasurer in favour of Brigadier Gene- ral James Potter, for all the specie received by him in subscrip- tions, for recruiting the Pennsylvania line in the Continental army, for which sum General Potter is to be accountable.
An order was drawn on the Treasurer in favour of the Hon'ble Joseph Montgomery, Esquire, for fifty pounds, State money, in part of his pay as a member of Congress for this State, for which he is to account.
A petition from Cavenaugh, praying a pass to the city of New York, was read, and the same was granted.
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SUPREME EXECUTIVE COUNCIL.
In Council.
PHILAD'A, Thursday, Dec'r 28th, 1780. PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Gardner, Mr. Read, &
Mr. Piper.
An order was drawn on the Treasurer in favour of Mr. William Heysham, for the sum of £229 6 4, State money, amount of his claim against the estate of Joseph Grieswold, and decreed by the Justices of the Supreme Court.
In Council.
PHILAD'A, Friday, Decem'r 29th, 1780. PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Read, Mr. Gardner, and
Mr. Piper.
The Council took into consideration the purchasing of eight pieces of brass field-pieces belonging to Benjamin Randolph and company, four of which field pieces are now in the possession of Captain Joseph Stiles ; and thereupon,
Ordered, That Capt'n Joseph Stiles do deliver up to Benjamin Randolph & company, the four brass field-pieces now in his posses- sion, the Council declining to purchase any of the said field-pieces.
It appearing to this Board by a certificate from General Wayne, that the following gentlemen are intitled to promotion in the eleventh Pennsylvania regiment, vizt :
Captain Lieutenant Edward Burke to be Captain, vice Captain Sweeney, deceased, October 2d, 1780.
Lieutenant William McCurdy to be Capt. Lieutenant, vice Burke, promoted October 2d, 1780.
Ensign Samuel Reed, to be Lieutenant, vice McCurdy, promo- ted October 2d, 1780.
Resolved, That that they be recommended to the Hon'ble Board of War for commissions.
WHEREAS, The Hon'ble House of Gen'l Assembly, at their last sessions have passed an act suspending the tender of the old Conti- mental bills of credit,
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Ordered, That the duty of tonnage directed to be paid by an act of General Assembly, passed the 28th day of February, 1773, intitled "An Act appointing Wardens of the port of Philadelphia, and for other purposes therein mentioned," be collected and recei- ved in bills of credit of this State, issued on the twenty-fifth day of March last, in the new Continental bills of credit, in specie, or in the old Continental bills of credit, at the rate of 75 for one.
In Council.
PHILAD'A, Saturday, Dec'r 30th, 1780. PRESENT :
Hon'ble the Vice President.
Mr. Lacey, Mr. Read,
Mr. Piper, & Mr. Gardner,
An order was drawn on the Treasurer in favour of Mr. Thomas Novell, for the sum of £20, State money, for purchasing materials for inclosing the Library, for which he is to account.
A petition from Elizabeth McFarland, setting forth that having lost her husband in the service of the United States, she is reduced to great distress, and praying the aid of this Board, was read ; and Ordered, That the same be rejected.
A petition from George Jessero, praying a licence as a pedlar, was read, and the same was dismissed.
In Council.
PHILADELPHIA, Tuesday, January 2d, 1781.
PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Gardner, Mr. Lacey,
Mr. Read, Mr. Piper.
An order was drawn on the Treasurer in favour of Colonel Lewis Nichola, for the sum of nineteen pounds four shillings, State money, amount of money due to Colonel Lewis Nichola, Captains Woelp- per, Reily and McIlhatton, and Lieutenants Honeyman, Wood, and Pugh, in lieu of their rations and refreshments, from November the nineteenth to December the seventeenth last.
An order was drawn on the Treasurer in favour of Hon'ble Wil- liam Moore, Esquire, Vice President, for the sum of one hundred
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SUPREME EXECUTIVE COUNCIL.
and fifty pounds, State money, in part of his salary, for which he is to account.
The following orders was drawn on the Treasurer, vizt :
In favour of George Bensil, for the sum of six pounds twelve shillings, State money, for his services as Aid-du-Camp on the late call of the militia, being in full for his pay from the 10th of Au- gust to the tenth of September, 1780.
In favour of the said George Bensil, for the sum of five pounds, State money, being in full of the State bounty for thirty days' ser- vice on the late call of the militia.
In favour of James Hanna, for the sum of six pounds twelve shillings, State money, being the amount of his pay as Brigade Major on the late call of militia, from the tenth of August to the tenth of September last.
In favour of the said James Hanna, for the sum of five pounds, State money, being the State bounty for thirty days' service on the late call of militia.
In favour of the Executors of the estate of William Trickett, deceased, for the sum of eight shillings, State money, amount of their account for 2 quire of fools cap, half-bound, for the use of the Council.
The Council taking into consideration the appointment of Audi- tors, pursuant to an act of the Assembly passed the eighteenth day of December last, entitled " An Act to settle and adjust the account of the troops of this State, in the service of the United States, and for other purposes therein mentioned ;" thereupon,
Resolved, That Jonathan Bayard Smith, Esquire, Mess'rs Jo- seph Dean and Jacob Morris, be appointed Auditors, agreeable to the said act of Assembly.
The Council taking into consideration the acts of the General Assembly, passed the last session, declaring the bills of credit is- sued on the twenty-fifth of March last, usually called the State money, and the new Continental money to be issued in this State, pursuant to the resolution of Congress of the eighteenth of March last, to be a legal tender in all cases whatsoever, as gold and silver ; thereupon,
Ordered, That the following proclamation be issued :
By his Excellency JOSEPH REED, Esquire, President, and the Supreme Executive Council of the Commonwealth of Pennsyl- vania.
A PROCLAMATION.
WHEREAS, The General Assembly of this State did, at their last sessions, enact and declare the bills of credit issued on the twenty- fifth day of March last, usually called the State money, and the new Continental money to be issued in this State, pursuant to the resolution of Congress of the eighteenth of March last, to be a le-
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gal tender in all cases whatesover, as gold and silver, and have laid heavy penalties, amounting toa for feiture of double the value of the article for the first offence, and imprisonment and confiscation for the second offence, upon all those who shall refuse to sell any com- modities therefor, or shall refuse to receive the same, or ask a higher price than the current specie price for such article ; the exchange between the above monics and the old Continental currency to be estimated at seventy-five of the latter for one of the former, and so to continue untill the same shall be altered by the President or Vice President in Council. To the end, therefore, that the fluctu- ation of paper money may, as far as possible, be in future prevent- ed by a more fixed medium of commerce ; the army better sup- plied, and the embarrassments attending publick business removed, we have thought proper to issue this our Proclamation, recommend- ing to the good people of this State, with all convenient speed, to bring into the Treasury the old Continental money, and receive the new bills (founded on the productive taxes of this State, and bear- ing interest,) in exchange therefor, and to pass and receive the said monies freely and currently in all payments, agreeable to the direc- tions of the acts of Assembly passed by the Representatives of their own choice : And we do farther declare, that if there are any per- sons who, on any pretence whatsoever, shall obstruct the necessary and wholesome regulations by the said laws provided, we will cause the said laws to be executed without favour or respect to persons or pretences ; and we do for this purpose, enjoin all Justices, Consta- bles, and all other civil officers, to be vigilant and active in the pre- misses, and all other faithfull subjects of this State are enjoined and required, in their respective stations, to enforce obedience to the said laws, as they tender the honour and welfare of the State, and their safety and happiness.
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