Colonial records of Pennsylvania, Vol. XII, Part 6

Author:
Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 812


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A Letter from Major General St. Clair, of the Twelfth Instant, requesting to know whether Captain Lee's Company of Artillery, now serving with the Troops of another State, shall draw of the stores allotted to the Troops of this State; and the same being considered, it appears by a reference to the votes of Assembly, Page 115, that they were to be considered as part of the Quota of this State, when a return shou'd be made to the commander-in- chief, of their belonging to this State, and the same also certified to the Board of War; and also, that it was the intention of the Assembly, by a resolve of the same date, that they shou'd be an- nexed to the Regiment of Artillery of this State; and nothing ap- pearing to this Board to shew that either of these resolves have been complied with,


Resolved, That General St. Clair be Informed that the sense of this Board is, that Captain Lee cannot draw from the State store untill he is qualified therefor, agreeable to the said resolves .- Also,


Resolved, That inquiry be made of the Delegates of this State, whether they have moved Congress to annex the said companies to the Artillery Regiment of this State, agreeable to the instruction of the House of Assembly, and if it has been omitted, to request it may be done forthwith, that Captain Lee's company may have justice done them.


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General St. Clair in said letter also requesting to know whether the Artillery attached to the Division, be intitled to draw with the Line, though not belonging to the State.


Resolved, That General St. Clair be informed that part of the German Battalion, and other Corps of this State, serving with those of other States, have assigned as a reason for their applica- tion, that they cou'd not draw with the Troops to which they were occasionally Joined, and that untill one general rule takes place thro' the whole, this Board cannot admit of the Troops of other States drawing with them. But that if for the sake of conveniency, General St. Clair can, by any means, have the proportion of Stores replaced in kind, this Board have no objection to a Temporary ac- commodation, but not otherwise.


Major General St. Clair having recommended Robert Martin, Gentleman, to be an ensign in the Tenth Regiment, on the line of this State,


Resolved, That he be appointed accordingly.


Lieutenant Colonel Hubley having also recommended Henry Burley to a like commission in the Eleventh Regiment,


Resolved, That he be appointed accordingly, and that the Board of War be desired to issue the said commission.


A Letter of Colonel Hubley's was also read, requesting commis- sions to be also sent agreeable to an arrangement said to be for- warded by General Sullivan, but not yet come to hand ; Also re- questing that orders may be sent to Colonel Spencer to dismiss Captain Wilkie's Independent Company, raised in Pennsylvania, and by a late resolve of Congress annexed to the Eleventh Penn- sylvania Regiment, Colonel Spencer detaining the said company to the great dissatisfaction of the officers and men.


Resolved, That the Honourable the Board of War be desired to give Colonel Spencer directions herein, it being the Earnest wish of this Board, and also of the Assembly, that all the detached Corps of this State be duly Incorporated into the line as soon as possible, that the number of its Troops may be ascertained.


A Letter from Colonel Morgan, of Reading, signifying his read- iness to act as purchaser of Flour in Berks county, and requesting to know whether he shall give the Philadelphia price at the Mills, the purchasing commissary for the United States giving that price.


Resolved, In the affirmative.


An application from Thomas Bradford, Commissary of Prisoners, for two Officers and thirty Men of the Militia, to go as a guard over some prisoners to Elizabeth Town.


Ordered, That the same be considered to-morrow.


The Commissioners and Assessors having laid before the Board a remonstrance signed by several Persons in Germantown, declaring that they will not pay their Taxes on account of some indulgence shewn by the said Commissioners to other Persons, and also a far-


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ther remonstrance by sundry other Inhabitants, signifying their in- tention to support them therein,


Resolved, That the same be farther considered to-morrow.


In Council.


PHILADELPHIA, Tuesday, July 20th, 1779. PRESENT :


His Excellency JOSEPH REED, President.


The Hon'ble Mr. Hart, Mr. Urie, and


Mr. Mackey, Mr. Thompson, (returned from home.)


A Letter from Monsieur Holker, of the seventeenth instant, signi- fying a desire that information shou'd be given to Congress touch- ing the Flour mentioned on the Minutes of this Board on the four- teenth Instant, as soon as possible, was read; and


Ordered, to be filed.


The consideration of the remonstrance from Germantown was re- sumed ; and thereupon it was


Resolved, That this Board disapproves the mode which the re- monstrants have taken to procure redress of the injuries they com- plain of, as subversive of all Government, and tending to create disorder and confusion.


Secondly, That if the Board of Commissioners and Assessors, or any inferior officers of Government, had wilfully or ignorantly de- viated from their duty, complaint should be made thereof to this Board, the Honourable House of Assembly, or a Prosecution be had in the ordinary Courts of Law, in either of which modes compe- tent and speedy redress may be obtained.


Thirdly. That as the said remonstrances have most probably proceeded from inadvertence rather than any settled intention to obstruct the Commissioners and Assessors in the discharge of their duty, or oppose the collection of Taxes, so necessary at this time, it being recommended to the Commissioners and Assessors to give the complainants all reasonable satisfaction and information of the circumstances and reasons on which they have proceeded.


Fourthly. That it be recommended to the good People of Ger- mantown to pay obedience to the laws, and seek redress of any grievances by a regular application to this Board or the Honoura- ble House of Assembly, who will on all occasions pay due regard to their just and reasonable complaints; and that copies hereof be sent to the Board of Commissioners and Assessors, in order that the same may be duly Notified to the People of Germantown.


A Letter wrote to Mr. Henry, Commissary of Naval Stores, to let Mr. McClenachan have Ten tons of the old disabled guns, he paying therefor.


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Mr. Bradford's application for a guard of Militia being again considered,


Resolved, That Mr. Bradford be informed that these short ser- vices of Militia, being considered as a performance of a tour of duty, the calling of them out is attended with great inconvenience and dissatisfaction, by reason of the duty being so unequal.


That he be requested, therefore, to fall upon some other Mode.


That the Board are of opinion it wou'd be better for the State, and less expensive to the Publick, to hire a number of men for the purpose, than to call upon the Militia, but that as it is a service of the United States, it does not appear reasonable to impose the bur- then upon any particular State. That if Mr. Bradford cannot procure the Men, he be recommended to the Lieutenant of the City, who will doubtless assist him in obtaining a sufficient Num- ber to go upon Hire.


Captain Isaac Coren, having, agreeable to a resolve of Assembly of the Fifth of April, laid before this Board, that his company is credited to the Quota of this State, and praying that they may be admitted to the benefit of the enumerated articles allowed by the State to the officers of the Line.


Resolved, That the same be granted.


In Council.


PHILADELPHIA, Wednesday July 21st, 1779.


PRESENT :


His Excellency JOSEPH REED, President.


Honourable GEORGE BRYAN, Vice President.


Mr. Hart, Mr. Mackey,


Mr. Thompson, and Mr. Urie.


· An order was drawn on the Treasurer in favour of Messieurs Britton and Allibone, for the sum of Thirty-Nine pounds eighteen shillings and three pence, the amount of their account for Boards for the Court Room.


An order was drawn on the Treasurer in favour of Mr. Philip Bæhin, Paymaster of the County of Northampton, for the sum of three thousand pounds, for paying the Militia of the said county, for which He is to account.


An order was drawn on the Treasurer in favour of Mr. John Britton, for the sum of Twelve pounds ten shillings, the amount of his account for Boards for the Brig Convention.


A Letter from the Board of Treasury, dated the Twentieth In- stant, inclosing a resolve of that Board in Answer to the applica-


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tion of the Fifteenth instant, and signifying it to be the Expectations of Congress that the Gentleman appointed under the resolve of the Twenty-Ninth of June, wou'd act Gratis.


Ordered, That the said Letter and resolution be filed.


In Council.


PHILADELPHIA, July 22d, 1779.


PRESENT :


Mr. Hart, Mr. Mackey, and


·


Mr. Urie.


No Board.


In Council.


PHILADELPHIA, July 23d, 1779.


PRESENT :


His Excellency JOSEPH REED, Esquire, President.


Honourable Mr. Hart, Mr. Thompson, and Mr. Urie.


Mr. Mackey,


A Paper dated in Committee, and signed William Henry, Chair- man, in answer to the referrence made by this Board on the Four- teenth Instant, having been read,


Ordered, That the Secretary do write to the said Mr. Henry, to inform him that the papers alluded to in said Answer did not ac- company it, and to desire that they may be forwarded as soon as convenient.


The President having informed the Board that Mr. Holker had conferred with him on the above representation, and shewed a copy thereof received by him (Mr. Holker), from the Committee, and requested that this Board wou'd point out such parts thereof as may appear to convey any Imputation upon him, or distrust of his faithfull performance of his duty as a Publick officer.


Ordered, That the said Paper be farther considered to-morrow, that a proper Answer may be given to the said request.


This Board taking into Consideration the appointment of a State Clothier, pursuant to the resolve of Congress of the Sixth April last,


Ordered, That Francis Swaine, Gent., be appointed thereto, and that He have a salary therefor, at the rate of three thousand dol- lars # Annum, besides the allowance made in the said resolve of Congress.


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SUPREME EXECUTIVE COUNCIL.


A Letter from Colonel Wetzle, Lieutenant of Northampton County, representing that the Indians had Invaded said county, and praying some ammunition.


Ordered, That two hundred Pounds of Powder, and Eight hun- dred pounds of Lead, be forwarded as soon as possible, and that the Commissary of Military Stores do provide the same, applying to the Honourable Board of War for Lead, if the State store can- not supply it, and that the same be delivered to Henry Houghen- buck.


A Petition from Commodore John Hazlwood, requesting one of the Twelve Pounders belonging to the State.


Ordered, That he apply to Mr. Henry, Commissary of Naval Stores therefor, if it can be spared without Inconvenience to the State; that he take such as Mr. Henry points out, paying for the same, and upon Condition that he give the refusal thereof to the State, at the same price, when the service for which it is now wanted ceases.


-


In Council.


PHILADELPHIA, Saturday, 24th of July, 1779. PRESENT :


· His Excellency JOSEPH REED, Esquire, President. Honourable Mr. Hart, Mr. Thompson, and Mr. Urie, Mr. Mackey. Mr. Read,


A Letter from Philip Marsteller, Esq'r, of Lancaster county, setting forth that he hath procured a quantity of Flour pursuant to the Instructions by him receiv'd from the Council, and requesting an order for the sum of Twenty thousand pounds, was read; and thereupon,


An order was drawn upon the Treasurer in favour of Mr. Philip Gloninger, Assistant to the said Philip Marsteller, Esquire, for the sum of Twenty thousand pounds, to be paid to the said Marsteller for the purpose aforesaid, and for which he is to account.


The Petition of William Johnston and John Lewis, representing that they were bail for Edward and Jonathan Jones, who joined the British Army in Philadelphia, and have absconded, so that the Petitioners are liable to pay Two hundred pounds each, and praying that the same may be remitted, or so much of the said Jones's estate granted as they may be liable to pay.


And the same being now considered, the Board conceiving that such an Indulgence wou'd give great encouragement to offenders, be a dangerous precedent in future cases, and that at the present rate of Money the said sum is very small.


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Ordered, That the Prayer of the said Petition be not granted.


A Letter was receiv'd from General William Irwin, recommending John Ranniston, a serjeant of the Seventh Regiment, to an Ensign- cy therein, and the said Ranniston being also recommended by the officers of said Regiment,


Ordered, That he be appointed accordingly, and the same com- municated to the Board of War.


The said Letter also complaining that sundry soldiers very capa- ble of doing duty in the line, are detained in the Invalid Regiment,


Ordered, That a Transcript be made of so much of said Letter as relates thereto, and forwarded to Colonel Nichola.


A Petition from John Swanwick, praying that this Board will permit his Mother to keep the stock and effects forfieted by his Fa- ther, at the appraisement made some time ago, and a recommenda- tion of sundry gentlemen of Chester county thereupon, which being read and considered,


Resolved, That the Justices of the Supreme Court are by law empowered to make all reasonable allowances to the Wives and Children of attainted Persons. That all the residue being the pro- perty of the State, it is not in the power of this Board to dispose thereof, that being the duty and right of the General Assembly only; therefore the Petition be dismissed.


The Petition of Margaret Crohon, wife of Dennis Crohon, late of Southwark, Lumber Merchant, and William Montgomery, at- tornies to said Dennis, representing that he departed from this Country in the year 1775, to Ireland, on Private business, and ex- pressly denying that he has knowingly aided or assisted the Ene- mics of this, or of the United States, by joining their Armies with- in this State, and declaring the said Dennis Crohon to be a Faith- ful Friend to the cause of America; and praying an opportunity to make proof of the above circumstances ; and also representing that as the said Crohon is in Ireland, it is impossible for him to surren- der himself by the day mentioned in the late proclamation, vizt :- The Fifth day of August next; whereupon,


The same being considered,


Resolved, That Mr. Hart and Mr. Mackey be a committee to hear the said Petitioners, and that the Petitioners give Notice to the Agents of Forfieted Estates for the county, or one of them, of the time and place of said hearing, and that the said committee re- port thereon to this Board.


The Charters of the Academy and College of Philadelphia, hav- ing been laid before the Board, agreeable to order,


Resolved, That the same be transmitted to the Attorney General for his consideration and opinion on the following points, vizt :


First, How far the said Charters and the obligations therein im- posed are compatible with the Laws and government of this State since the late happy Revolution.


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SUPREME EXECUTIVE COUNCIL.


Secondly, Whether the oath of Allegiance and Fidelity, required in the College Charter, is or is not an Indispensible requis te to performing any official act.


Thirdly, Whether by the several Test Laws of this State the Trustees of the said College can act in the said Trust without ta- king a Test as Trustees.


Fourthly, Whether if the said Trustees have taken all the said Tests, it can be deemed a Legal Substitute to the oath of Alle- giance required in said Charter to the King of Great Britain.


Fifthly, Whether in case of these Trustees taking the Test pre- scribed by the act of Assembly, passed the Eighth December, 1778, or that passed the Second April, 1779, be sufficient to remove any disabilities incurred by former neglects, and especially a non-compli- ance with the act passed First April.


Sixthly, Whether the clause in the second Chapter, forty-fifth Section, of the Constitution, operates so as to cure the defects or illegal obligations (if any) imposed by the said Charter, or removes any disabilities to which the Trustees or officers otherwise are sub- jected, or what is the legal construction of the said clause.


In Council.


PHILADELPHIA, Tuesday, July 27th, 1779.


The Petition of Catherine Malone, convicted of Four several Larcenies, was read.


Also, the Petition of Ann Williams, in behalf of her Husband, Adam Williams, was read, but the copies of the Convictions not having accompanied the Petitions, the same were not considered.


An application from the Commercial Committee of Congress, requesting permission to ship to the Island of St. Domingo, two thousand Barrells of Pork, one thousand Barrells of Beef, and one thousand Barrells of Flour, for the supplying his most Christian Majesty's Forces on that Island, and representing that his Minister Plenipotentiary has promised that the same shall be paid for at the Market price, the said provisions being also represented as a sur- plus beyond what is necessary for the use of the Army.


Ordered, That the same be farther considered.


A Letter signed Holker, dated 24th of July, 1779, was read, complaining of a late Publication in the Newspapers, and demand- ing the immediate Exertions of Government on the occasion, was also read, and ordered to be farther considered with the same sub- ject referred by Congress.


The Petition of Ann Williams being again considered, Ordered, that the Punishment adjudged by the Court, be respited untill Saturday next.


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In Council.


PHILADELPHIA, July 29th, 1779.


PRESENT :


Mr. Hart, Mr. Mackey, and


Mr. Urie.


Not a Board.


In Council.


PHILADELPHIA, Friday, July 30th, 1779.


PRESENT : His Excellency JOSEPH REED, Esquire, President. Honourable GEORGE BRYAN, Vice President.


Mr. Hart, Mr. Mackey, and


Mr. Urie.


A Letter from his Excellency the President of Congress, enclos- ing two resolutions of that Body; the First to recommend the enacting of Laws to preserve Publick Buildings erected at the ex- pence of the United States.


The Second containing sundry regulations for the office of Hide- Master, and empowering the Executive authority of the States to superintend them, both which were read and ordered to be filed.


A Letter from the Honourable Mr. Huntingdon, Chairman of a Committee of Congress, inclosing a resolve of Congress, importing that the Minister Plenipotentiary of the King of France, had laid a Memorial before Congress, with Sundry Papers and extracts which had been referred to a Committee, consisting of himself, . Mr. Laurens, Mr. Smith, Mr. Morris and Mr. McKean, who requested a conference with this Board thereupon as soon as con- venient, and requesting them to Name a time and place ; where- upon an Answer was wrote, appointing five o'clock this afternoon, and the place the President's House, he not being able to go abroad.


A Letter from Mr. Holker was also read, together with Sundry Papers relative to the Flour in the Possession of the Committee of this place.


Ordered, That the same be farther considered.


A Letter, also from the Committee, inclosing Sundry affidavits and Papers touching the said Flour, were also read and farther considered.


A Letter, also from Monssieur Gerard, Minister Plenipotentiary to his Most Christian Majesty, was read, complaining of the Trans-


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actions respecting said Flour, which was read, the receipt thereof acknowledged, and ordered to lay for farther and more deliberate consideration.


A letter from Monssieur Holker on the same subject, and com- plaining of the Publications in the newspapers thereon, on which the like order was made.


A Letter from Francis Swaine, State Clothier, was read, accept- ing the said office, and Nominating Mr. Frederick Muhlenburg and Mr. Jacob Graff, his securities.


Resolved, That the said State Clothier and his Sureties, enter into Bond in Twenty thousand pounds, conditioned for the good behaviour of the said Francis Swaine in the said office, and regu- larly accounting for all Monies, Clothes, and other articles by him receiv'd on Publick account; and in case of Death, or removal from office, delivering over to the order of Congress of the United States, all Cloathes, or other articles belonging, and to the order of this Board any such cloathes, or other articles belonging to the State which may be in his Hands, and all the Books and vouchers for the Expenditure thereof, taking copies thereof for his own se- curity, if desired.


In Council.


PHILADELPHIA, July 31st, 1779.


A report of the conviction of Catherine Melone being laid before the Board, and a Petition renewed,


Resolved, That the Corporal Punishment adjudged on Wednes- day, the Fourth day of August, and that on the Twenty-eighth day of August, be remitted, and that a pardon do Issue therefor.


The Petition of Margaret Cuthbert to pass to New York with a recommendation, was read.


Ordered, That she have a pass, giving Security not to return without leave.


The Commercial Committee of Congress having withdrawn their former application, and now presented another, that the Embargo now laid be so far revoked as to permit them to Export two thou- sand Barrells of Pork, one thousand Barrells of Beef, and one thousand Barrells of Flour, for the use of the French Fleet, it be- ing a surplus of Provisions beyond necessary use.


Resolved, That a permission be granted therefor in the usual Forms ; also,


Resolved, That the Exportation of Flour, the staple of this State, for the benefit of the United States, during an embargo, be not drawn into Precedent in future.


The Petition of Colonel Holgate, of the Second Battalion of Philadelphia County Militia, for Two hundred Arms and cartouche Boxes, being read,


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Ordered, That Colonel Holgate be informed that this Board are pleased with his views to get his Battalion properly Armed, and request him to make search for Publick Arms within his district, and that the Lieutenant of the County being accountable for Arms, application made thro' Him will be properly attended. to.


Application of Davis Bevan, in behalf of a Captain John Young, now confined for giving a Challenge, and praying he may be per- mitted to go into the Sea Service.


Resolved, That the same be considered at a future day, and en- quiry made into the circumstances of the case.


An order was drawn on the Treasurer in favour of his Excellen- cy the President, for Five hundred pounds, in part of his salary, for which he is to account.


An order was drawn on the Treasurer in favour of Colonel Lewis Farmer, State Commissary of Cloathing, for the sum of Ninety thousand pounds, for which he is to account.


An order was drawn on the Treasurer in favor of Colonel Lewis Nichola, for the sum of Fifteen thousand Dollars, for the recruiting service, for which he is account. See Entries of the 6th and 9th August.


Resolved, That the Attorney General be authorized to confer with any other Gentleman of the Law he thinks proper, on the College Charters, and the points on which his opinion was request- ed, on the Instant, and this Board will defray the ex- pence thereof, when the Attorney General signifies in whose favour the order is to be drawn.


In Council.


PHILADELPHIA, Monday, August 2d, 1779.


PRESENT :


His Excellency JOSEPH REED, Esquire, President.


Honourble GEORGE BRYAN, Esquire, Vice President. Joseph Hart, John Hambright, and


John Mackey, Thomas Urie, Esq'rs.


Sundry Letters from Northumberland were read, informing of an Incursion by the Indians and Tories, by which the surrender of Fort Freeland had been occasioned, and the Country so distressed that the county wou'd probably soon be evacuated; Whereupon


The same were taken into consideration, and it was


Resolved, First, That all voluntiers who have turned out upon this emergency, not only deserve the thanks of their Country, but shall be entitled to pay and rations during their continuance in service, and if it shall happen that any such volunteers are upon


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the next Tour of duty, they shall be allowed for the same from the day they have marched.


Secondly, That the Lieutenants of Lancaster and Cumberland be directed to order a class from each county to March to Sunbury immediately, taking their orders there from Colonel Hunter, the Lieutenant of the county as to their farther station or destination for the protection of the distressed Frontiers, and keeping up the communication with General Sullivan's Army; but if it shou'd hap- pen that one class shall not furnish Three hundred Men, exclusive of officers, then another class is to be called from each county, his Excellency General Washington having made a requisition of Seven hundred men at least, for the above service.




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