USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XII > Part 60
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A resolution of the Honourable House of Assembly of the twenty-first of March instant, was receiv'd and read, appointing a committee.
A letter from his Excellency Samuel Huntingdon, Esquire, President of Congress, of the twenty-first instant, was read, inclo- sing a proclamation of the United States in Congress assembled, earnestly recommending that Thursday, the third day of May next, be set apart and observed as a day of humiliation, fasting and prayer, and that all persons assemble for publick worship, and ab- stain from labour on the said day.
A deed was examined and signed by his Excellency the Presi- dent, to Thomas Rowney, of the township of Warminster, in the county of Bucks, weaver, conveying one full equal and undivided fifth part (the whole into five equal parts to be divided) of a plan- tation or tract of land situate in the township of Horsham, in the county aforesaid, bounded as follows, to wit : Beginning at a stone by the side of Horsham Road, at the corner of Charles Mullen's land ; thence extending by the same south forty-two degrees and twenty minutes west eighty-one perches and two-tenths of a perch to a stone, a corner of land now or late of John Williams; thence by the same south forty-seven degrees twenty minutes east fifteen perches to a stone, a corner ; thence still by the said John Wil- liams' land north forty-nine degrees and twenty minutes east eigh- ty-two perches and four-tenths of a perch to a stone by the side of Horsham road aforesaid; thence along the same north forty- seven degrees and fifty minutes west twenty-five perches to the place of beginning; containing ten acres and twenty-six perches,
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be the same more or less : Seized and sold as the estate late of Daniel Williams, according to law, for the sum of one thousand and ten pounds, Continental money, which sum the said Thomas Rowney hath paid into the hands of the Ageuts for Confiscated Estates in the said county. Deed dated the twenty-first day of March instant.
In Council.
PHILAD'A, Saturday, March 24th, 1781. PRESENT :
Honourable the Vice President.
Mr. Lacey,
Mr. Potter,
Mr. Gardner,
Mr. Piper, and
Mr. Cunningham, Mr. Hayes.
A resolution of the Honourable House of Assembly of the twenty-first instant was read, appointing Mr. Duncan, Mr. Morgan, and Mr. Daniel Hiester, a committee to obtain from the Supreme Executive Council the accounts or copies of the accounts of the Lieutenants of the city and several counties of this State, which have been rendered to them agreeable to law, and likewise a list of the names of such Lieutenants, if any, who have neglected to furnish the said Council with the accounts of all monies receiv'd and expended by them respectively, by virtue of the acts for the regulation of the militia of this State.
A deed was examined and signed by his Excellency the President, to Owen Faries, of Germantown, in the county of Philadelphia, conveying a tract or piece of land situate in Hatfield township, in the said county, beginning at a stake, a corner of Melchiors Ye- der's land ; thence by Thomas Stilbford's land south forty-two de- grees east seventy-two perches to a stake; thence by Abijah Wright's land south forty-one degrees and three-quarters west one hundred and twelve perches to a stone; thence by John Yegle's land north forty-eight degrees west seventy-tavo perches to a stone; thence by Melchiors Yeder's north forty-one degrees and three- quarters cast one hundred and twelve perches to the place of be- ginning; containing fifty acres : Seized and sold agreeable to law as the estate late of John Wright, for the sum of five thousand one hundred pounds, Continental money, subject to a yearly ground rent of two bushels and eleven-twentieth part of a bushell of wheat, payable to the Trustees of the University of this State, three- fourths of which sum he hath paid into the hands of the Agents for Confiscated Estates in the said county, the other fourth part being reserved for the purpose aforesaid. Deed dated the twenty - first day of December last.
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SUPREME EXECUTIVE COUNCIL.
. A deed was examined and signed by his Excellency the Presi- dent, to James Vansant, conveying a certain tract or piece of land situate in the Manor of Moreland, in the county of Philadelphia, and according to the original bounds and survey thereof, as follows, vizt : Beginning at a corner of Albertson Walton's land, in the middle of a road leading from Philadelphia to Newton ; thence ex- tending along the middle of a road leading from Byberry to Abing- ton, and by lands of John Blackford, Derrick Krewson, north-west thirty-six perches and three-quarters of a perch to a corner ; thence by the school land north-east nine perches to a stone, and north- west seventeen perches and eight-tenths of a perch to a stone, and south-west nine perches to a stone in the middle of the said road, leading to Abington ; thence along the same by William Tyllyer's land north-west ten perches and a half to a corner of land late of Thomas Whitton, now belonging to Robert Whitton; thence by the same north east one hundred and twenty-three perches to the middle division line of the Manor of Moreland; thence along the same by Samuel Swift's land, south-east one hundred perches to a corner of said Albertson Walton's land ; thence by the same south- west ten perches and a half to a stone, and north-west seventy- eight perches and three quarters of a perch to a corner in the mid- dle of the aforesaid road leading to Newtown ; thence down the said road by the said Walton's land south eighteen degrees and a half west one hundred and nineteen perches to the place of begin- ning ; containing thirty-three acres and a half, be the same more or less : Seized and sold agreeable to law, as the estate late of John Burke, for the sum of six thousand one hundred pounds, Conti- nental money, (subject to a yearly ground rent payable to the Trus- tees of University of this State, of three bushells and one-twen- tieth part of a bushell of good merchantable wheat,) three-fourths of which sum the said James Vansant hath paid into the hands of the Agents for Confiscated Estates in the said county, the remain- ing one-fourth being reserved for the purpose aforesaid. Deed dated the twenty-first day of March instant.
VOL. XII .- 43.
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In Council.
PHILAD'A, Monday, March 26th, 1781. PRESENT :
His Excellency JOSEPH REED, Esquire, President.
Honourable the Vice President.
Mr. Lacey,
Mr. Potter,
Mr. Gardner,
Mr. Piper, and
Mr. Cunningham,
Mr. Hayes.
Mr. Read,
A petition from the Overseers of the Poor of the city of Phila- delphia, in behalf of Joseph Rogers, now confined in the old goal, convicted of an assault and battery, and fined in the sum of forty shillings, to be paid to the use of the State, was read, praying re- mission of the said fine. On consideration,
Resolved, That the said fine be remitted.
A petition from John Reine, of Lancaster county, attainted of high treason, and praying a pardon, was read ; and thereupon,
Resolved, That untill the said John Reine surrender himself, agreeable to proclamation, and the laws of the State, this Board cannot go into a consideration of his case.
A letter from his Excellency the President of Congress, and a resolution of the Honourable the Congress, calling upon the States from New Hampshire to North Carolina, inclusive, for six millions of dollars, were read; and
Ordered, That the same be presented to the Honourable House of Assembly.
The petition of Mary Emmes, praying a pass to the city of New York, was read ; and thereupon,
Resolved, That the said petition be dismissed.
-
In Council.
PHILADELPHIA, Tuesday March 27th, 1781.
PRESENT :
His Excellency the President.
Honourable the Vice President.
Mr. Lacey, Mr. Cunningham, and
Mr. Read, Mr. Gardner,
Mr. Hayes.
Resolved, That General St. Clair, Commanding Officer of the Pensylvania line, be requested to order a court martial for the trial
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SUPREME EXECUTIVE COUNCIL.
of Lieutenant Bigham, of the fifth Pensylvania regiment, on a charge against him of misapplying publick money intrusted to his care, to pay the bounty to the recruits, last summer, and that Colonel Nichola be requested to attend the court to inform them of the circumstances of the transaction.
Colonel William Henry, Lieutenant of the city and liberties of Philadelphia, laid before this Board a state of his accounts, agree- able to the nineteeth section of the militia law of this State; there- upon,
Ordered, That the same be referred to the Auditors of Ac- counts.
An order was drawn in favour of Mr. Thomas Bradford, for the sum of fifteen pounds, State money, amount of his account for newspapers to the thirty-first of December, 1780.
A letter from Colonel Daniel Udree of the nineteenth instant, resigning his office of sub-Lieutenant of the county of Berks, was read ; and thereupon,
Resolved, That the said resignation be accepted.
Ordered, That the issues of cloathing in future be general, that the respective regiments be equally supplied, both in quantity and quality, and that Colonel Lewis Farmer be directed not to deliver any cloathing but on the order of Council in writing.
An order was drawn on the Treasurer in favour of Colonel Lewis Nichola, for the sum of twenty-two pounds ten shillings and eight pence, State money, amount of money due to Colonel Lewis Nichola, Captains Woelpper, Riely, McGowan, and McIlhatton, and Lieu- tenants Honeyman, Pugh, Boss, and McClean, in lieu of their ra- tions and refreshments to the eleventh instant.
The following message being read & considered, vizt :
Message from the President and Supreme Executive Council to the Representatives of the Freemen of the Commonwealth of Pen- sylvania, in General Assembly met :.
GENTLEMEN :- The Council having exercised the powers vested in them by the laws of the Commonwealth, with respect to sundry per- sons who have withdrawn themselves from the troubles of the coun- try, and reside with the enemy, we observe sundry petitions on those subjects, defending, and resolutions calculated to rescind the the determinations of this Board. We have no desire to intercept the kindness and liberality of the House to petitioners of any character, but apprehend that the 'introducing special and particu- lar laws to repeal the acts of the Executive branches of Govern- ment, without any conference with, or information from the Board, of the reasons and ground of their proceedings, must necessarily. lessen the weight of the Council, and disturb the harmony of Go- vernment : And these considerations are the more weighty, from a just apprehension that this mode of conducting public business will eventually injure the real interests of the State, as the House must
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always act upon partial, and, therefore, often erroneous ground. If the laws on this subject are too severe, and persons of real or sup- posed disaffection to the cause of America are liable to penalties and prosecutions, inconsistent with the good of the State and the gene- ral safety, or if the powers of the Council are too extensive, we ap- prehend it wou'd be better to repeal the laws openly and explicitly ; we shall then be discharged from a painfull duty which is now fre- quently imposed, never sought by us; but the publick agents and well affected inhabitants, frequently returning to us persons as ob- jects of the law, which we are by our oaths and duty bound to ex- ecute.
If the other business of the House will admit their devoting time sufficient for conference on this subject, and upon our present situa- tion in regard to suspected persons, we apprehend it will be attend- ed with mutual satisfaction and publick advantage.
Ordered, That the same be presented to the Honourable the House of Assembly.
In Council.
PHILADELPHIA, Wednesday, March 28th, 1781. PRESENT :
His Excellency JOSEPH REED, Esq'r, President. Honourable the Vice President.
Mr. Lacey, Mr. Cunningham, and
Mr. Read,
Mr. Gardner,
Mr. Hayes.
A state of accounts from Colonel Samuel Read, Lieutenant of the county of Northampton, were laid before the Board, agreeable to the nineteenth section of the militia law of this State; thereupon,
Ordered, That the same be referred to the Auditors of Ac- ·counts.
An application from Samuel Jackson, for a pass to the city of New York, was read; and thereupon,
Resolved, That a pass be granted him, on condition that he do mot return during the present war, without the special permission of this Board.
The following message being read and considered, vizt :
Message from the President and Supreme Executive Council to the Representatives of the Freemen of Pensylvania, in General As- sembly met :
GENTLEMEN :- In answer to your message respecting the Lieuten- ants and sub- Lieutenants of the militia, we wou'd observe, that un-
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SUPREME EXECUTIVE COUNCIL.
till the late act, entitled "An Act for the regulation of the militia of the Commonwealth of Pensylvania," these officers were appoint- ed by the House of Assembly, and solely accountable to them, or the Auditors, also of their own immediate appointment, and who certainly are and have been long vested with sufficient power to enforce a settlement with them, and other publick defaulters, if any such there are. We presume, therefore, that these accounts are not included in the resolution of the twenty-sixth instant.
Since the power of calling for these accounts has been vested in the Council, we have not been inattentive to the duty, having both publickly and privately called upon them to render their accounts. The Lieutenants who have complied, are those of Philadelphia city and county, Bucks and Northampton. Those of the counties of Bedford, Northumberland, and Westmoreland, from their particu- lar circumstances, can have no accounts under the present militia law, and several of the others have informed the Board that they they are preparing their accounts, and will render them without de- lay; shou'd they neglect, we shall not hesitate to put the laws in force against them.
We do not apprehend it to have been the intention of the Legis- lature, that the Council should audit the accounts, and therefore, when rendered, have directed the Lieuten'ts to attend the Audi- tors for settlement.
They are too bulky and voluminous to be copied under some weeks, therefore, we forward you the originals of such as have come to hand.
Though the Lieutenants and the Sub-Lieutenants are the only officers in the State over whom the laws have given power to the Council in matter of accounts, and the year since the law is but just expired, we are not inattentive to the laudable zeal of the House in reminding the Council of the duties required of them by law. We flatter ourselves it is an earnest of general inquiry, and that the Collectors of Excise tonnage and duties on negroes, and a great variety of others who have been interested with public monies, and who are accountable to the Assembly only, tho' much longer in arrears than the present Lieutenants, will, in future, par- take of the notice of the House, so that each branch of Govern- ment, in its respective capacity, may be equally emulous to forward and promote a speedy and accurate adjustment of the publick ac- counts.
JOSEPH REED, President.
Council Chamber, Philad'a, March 28th, 1781.
A petition from divers inhabitants of Penn, Towamensing, and Chesnut Hill townships, in the county of Northampton, respect- ing the defence of the frontiers of the said county, was read ; and Ordered, To lie on the table.
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In Council.
PHILAD'A, Thursday, March 29th, 1781.
PRESENT : His Excellency JOSEPH REED, Esq'r, President. Honourable the Vice President.
Mr. Lacey, Mr. Gardner, Mr. Cunningham,
Mr. Potter, and
Mr. Hayes.
An order was drawn on the Treasurer in favour of Colonel Jacob Morgan, junior, Superintendant of the Commissioners of Purcha- ses in the several counties, for the sum of one thousand pounds, State money, for the purpose of procuring provisions for the use of the army, for which he is to account.
An order was drawn on the Treasurer in favour of Major Jere- miah Tolbert, for the sum of five hundred pounds, State money, to be by him forwarded to John Agnew, Esquire, of Carlisle, for the purpose of paying the bounty to recruits, and the gratuity vo- ted by the Assembly to the retained soldiers, for which sum he, the said John Agnew, is to account.
A committee of the Honourable House attending, informed the Council that the House had agreed to a conference with the Coun- cil on the subject of their message of the twenty-seventh instant ; and thereupon, the Council met the General Assembly in the As- sembly room on the said business.
In Council.
PHILAD'A, Friday, March 30th, 1781.
PRESENT :
His Excellency JOSEPH REED, Esquire, President. Honourable the Vice President.
Mr. Lacey, Mr. Gardner,
Mr. Potter, and
Mr. Hayes.
Mr. Cunningham,
An order was drawn on the Treasurer in favour of Honourable James Potter, Esquire, for the sum of eighty-five pounds sixteen shillings, to be by him forwarded to Thomas Jordan, Paymaster of the militia of the county of Northumberland, for the purpose of paying a ballance of money due to Captain Gilbert McCoy's com - pany of seven month's men, lately raised for the defence of the frontiers.
679
SUPREME EXECUTIVE COUNCIL.
In Council.
PHILAD'A, Saturday, March 31st, 1781. PRESENT :
His Excellency JOSEPH REED, Esquire, President., Honourable the Vice President.
Mr. Lacey, Mr. Gardner,
Mr. Read,
Mr. Cunningham, Mr. Potter, and Mr. Hayes.
The Honourable James Potter, Esquire, presented to the Board the following account for his attendance in Council, and his milage, vizt :
Dr. the State of Pensylvania to James Potter, For attendance in Council, 145 days, at 25s. per day, £181 5 Milage, 170 miles, at 2s., - 17
198 5
Cr. by an order on the Treasurer, - -
73 2 6
£125 26
And thereupon, an order was drawn in favour of Honourable James Potter, Esquire, for the sum of one hundred and twenty-five pounds two shillings and six pence, State money, in full of the said account for his wages & milage to this day.
An order was drawn on the Treasurer in favor of Colonel Lewis Farmer, for the sum of three hundred pounds, State money, for the purpose of making up cloathing for the use of the Troops of the Pensylvania line, for which sum he is to be accountable.
On consideration,
Resolved, That the Agents for Confiscated Estates in the county of Philadelphia be directed to run a line of partition between the part of Hogg Island belonging to the State, and the part sold to Messrs. Mease, Caldwell and Company, agrecable to the terms of sale.
On consideration,
Ordered, That the Lieutenants of counties of Northumberland and Bedford be authorised and directed to inlist in their compa- nies, commanded by Captains Robinson and Boyd, and Lieutenant Kreamer, as many volunteers, to serve for seven months, as will fill their companies; provided, they cannot compleat the same by men inlisted to serve during the war ; the said volunteers not to receive any bounty, but to have the same pay and rations as the militia.
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Resolved, That Peter Groves be appointed and commissioned to be Lieutenant, for the term of seven months, and that he be enti- tled to receive the same pay and rations as a Lieutenant of the mi- litia.
Resolved, That John Hazlewood, Esq'r, Commissioner of Pur- chases for the city of Philadelphia, be directed to purchase barrells of beef, to be transported to Middletown, for the use of the troops on the frontiers, and that Colonel Samuel Miles, Deputy Quarter Master General, be desired to furnish waggons to transport the same.
Resolved, That the Commissioners of Purchases in the several counties do pay the reasonable charges of the persons employed by the Justices last fall, in collecting grain in the several counties, the value of such service being examined by the said Justices, or any two of them, and an order, therefore, given to the Commissioner.
A resolution of the Hon'be House of Assembly of the thirty- first instant, appointing Mr. Robert Morris, Mr. John Harris, and Mr. Mark Burd, a Committee to confer with the Supreme Execu- tive Council, on the propriety of issuing letters of recal to the agent sent abroad to negociate a loan, and vesting the monies arising from the impost on goods, granted by an act passed the twenty-third of December last, in bills of exchange, was read; and thereupon, a conference was had on the said business.
An application in behalf of John McMaster, of the county of . York, was read ; setting forth that he hath purchased, at a vendue of confiscated estates, a tract of land in the said county, late the estate of James Rankin ; that Philip Hare, Samuel Flide, and Re- becca McAdam, are in possession of the premisses, and refuse to deliver them up ; whereupon, he hath prayed the aid of this Board to cause possession to be given him, agreeable to the act of Assem- bly ; and the said act being considered,
Resolved, That the Sheriff of the county of York do give posses- sion of the said premisses to him the said John M'Master, in due form of law, he paying the incident expenses.
In Council.
.
PHILAD'A, Monday, April 2nd, 1781. PRESENT :
His Excellency JOSEPH REED, Esquire, President. Honourable the Vice President.
Mr. Lacey, Mr. Gardner,
Mr. Read, and
Mr. Hayes.
Mr. Potter,
An order was drawn on the Treasurer in favour of Colonel Jacob Morgan, Junior, Superintendant of the Commissioners of Purchases
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SUPREME EXECUTIVE COUNCIL.
in the several counties, for the sum of two thousand pounds, State money, for the purpose of procuring provisions for the use of the army, for which he is to account.
The Board taking into consideration the cases of John Jones. committed on a charge of stealing an old gun ; William Leslie, for an assault and battery on Ann Starley; and Sergeant Speer and Connell, for an assault and battery ; all soldiers of the Continental,
Resolved, That the Attorney General be directed to enter a Nole Prosequi, with respect to the above prisoners.
The Board taking into consideration the case of William Hamil- ton, Esquire,
Resolved, That William Hamilton be permitted to remain in this State, any former order of this Board to the contrary notwithstand- ing.
The Council taking into consideration the act of Assembly pas- sed the twenty-eighth instant, entitled "An Act for erecting part of the county of Westmoreland into a special county," called by the name of Washington,
Resolved, That Thomas Scott, Esquire, be appointed and com- missioned to be Prothonotary of the said county of Washington.
Resolved, That James Marshall, Esquire, be appointed and com- missioned to be Lieutenant of the county of Washington ; and that John Cannon and Daniel Lite, be appointed and commissioned to be Sub-Lieutenant of the said county.
In Council.
PHILAD'A, Tuesday, April 3d, 1781.
PRESENT :
Mr. Lacey,
Mr. Gardner,
Mr. Potter,
Mr. Read, and Mr. Hayes.
No Council.
In Council.
PHILAD'A, Wednesday, April 4th, 1781. PRESENT :
His Excellency JOSEPH REED, Esquire, President. Honourable the Vice President.
Mr. Read, Mr. Lacey, Mr. Potter,
Mr. Cunningham, Mr. Hayes.
An order was drawn on the Treasurer in favour of Frederick Sneider, for the sum of twenty three pounds five shillings, State
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money, amount of his account for his wages as Door-keeper, from the first to the thirty-first of March, 1781, inclusive, at fifteen shil- lings per day.
The following resolutions of the Honourable House of Assembly were receiv'd and read, vizt :
One of the second instant, authorizing and directing the Supreme Executive Council to have such parts of the steeple of the State House as are constructed of wood and in a decayed and dangerous condition. taken down, and the remainder sufficiently and effectually covered, in such manner as may be necessary for the preservation of said building, and also to dispose of for the highest price, all or such parts of the material so taken down as they shall judge pro- per.
And the other of the third instant, appointing James Marshall, Esquire, to be Register for the Probate of Wills and Recorder of Deeds for the county of Washington.
Ordered, That the said papers be filed.
The Honourable John Lacey, Jun'r, Esquire, presented to the Council the following account, vizt :
Dr. The State of Pensylvania to John Lacey, Junior.
For his attendance in Council from the first of April, 1780, to the 30th May following, 60 days, at £16 per day, is &960. Conti- nental exchange, at £75 is, - - £12 16 Of State money.
For his attendance from the 30th May to 10th Au- gust, 1780, 72 days, at £25 per day, - 90
For his attendance from the 10th of Sept. to the 17th January, 1781, 430 days, at 25s per -
162 10
For his attendance from the first to the sixth of Feb- ruary, 1781, 6 days, at 25s, - 7 10
For his attendance from the first of March to the first of April, 1781, 30 days, at 25s . - 37 10 To mileage, to and from home, three times 27 miles, at 2s per mile, 8 2
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