USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XII > Part 62
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MINUTES OF THE
"Resolved, That the part thereof which relates to the petition " of Jane Smith, the wife of Thomas Smith, receiv'd on the twelfth " of March last, be and hereby is agreed to."
" The report is as follows :
" The Committee of Grievances beg leave to report on the peti- " tion of Jane Smith, referred to them, that it appears to your " Committee that certain goods are destrained for the fine therein " mentioned, which are not the property of the said Jane Smith ; " they are, therefore, of opinion, that they should be restored to " the true owner, and that the fine for which they were seized " shou'd be remitted.
" Ordered, That a copy of the above resolution and report be " transmitted to the Supreme Executive Council.
" Extract from the minutes.
" SAMUEL STERRETT, Clerk."
On consideration,
Resolved, That it is the opinion of the Council, that if the said goods have been illegally seized or detained, the law affords a rem- edy thro' the Courts of Justice ; and that as the remission of fines is vested with the President and Council, the case does not come within the direction or decision of the Committee of Grievances, and that the Lieutenant do proceed according to law.
A petition from Samuel Potts and David Potts, praying a pass to go to Elizabethtown, in the State of New Jersey, to meet their brother John Potts, who is about to embark for England, was read ; and thereupon,
Resolved, That the prayer of the said petition be granted.
A petition from Isaac Hicks, of the county of Bucks, praying permission to go into the city of New York, was read; and there- upon,
Resolved, That permission be granted to the said Isaac Hicks and his family, to go into the city of New York, on condition that he do not return again during the present war.
A petition from Daniel Sullivan, convicted of forgery in the county of Lancaster, and sentenced to stand in the pillory for the space of one hour, to pay a fine to the use of the State, of the sum of four thousand five hundred pounds, and to be imprisoned for the term of twelve months, was read, praying remission of the said fine, and to be released from confinement. On consideration,
Resolved, That the fine adjudged to be paid to the use of the State be remitted, on condition that he enlist as a soldier in the Pensylvania line, free of bounty, to serve during the present war.
A resolution of the Honourable House of Assembly of the tenth instant, was receiv'd and read, containing the report of the com- mittee of the House on the subject of recalling Mr. Searle, &ca., and empowering the President and Council to re-call or continue the Honourable James Searle, Esquire, as they shall think most
695
SUPREME EXECUTIVE COUNCIL.
consistent with the interests of this Commonwealth, the House fully confiding in their judgment and zeal for the publick service.
In Council.
PHILAD'A, Tuesday, April 17th, 1781. PRESENT :
His Excellency JOSEPH REED, Esq'r, President.
Honourable WILLIAM MOORE, Esquire, Vice President.
Mr. Lacey, Mr. Gardner,
Mr. Cunningham, and Mr. Hayes.
An order was drawn on the Treasurer in favour of Colonel Jacob Morgan, Junior, Superintendant of the Commissioners of Pur- chases in the several counties, for the sum of three thousand pounds, State money, for the purpose of procuring supplies for the Army, for which he is to account.
WHEREAS, The Honourable Board of War of the United States has made a requisition of a body of militia to guard the prisoners of war ordered to Lancaster, within this State :
Resolved, That the Lieutenant of the county of Lancaster be directed forthwith to call out the next class in course of duty, out of the three first battalions, in their numerical order, provided the same amount to one hundred and thirty men, exclusive of officers; but if three battalions shall not furnish the above compliment, that the Lieutenant do proceed to the fourth battalion, and so on, untill the above number shall be completed.
Resolved, That the complaint of James Rowan against William McMullen, Esquire, for taking illegal fees, be referred to Mr. Cunningham and Mr. Hayes, who are directed to examine into the same, and report thereon to this Board.
The committee appointed to examine into the complaint of James Rowan against William McMullen, Esquire, reported that they do mot find any just cause of complaint.
696
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In Council.
PHILAD'A, Wednesday, April 18, 1781.
PRESENT :
His Excellency JOSEPH REED, Esquire, President. Honourable WILLIAM MOORE, Esquire, Vice President.
Mr. Lacey, Mr. Gardner, Mr. Read,
Mr. Cunningham, and Mr. Hayes.
On consideration,
Resolved, That Colonel William Henry, Lieutenant of the city and liberties of Philadelphia, be directed not to levy any fine upon Frederick Sneider, Doorkeeper to this Board, for not performing his tour of duty on the late call of militia, untill the further orders of this Board.
A petition from Barbara Poulson, praying a pass to the city of New York, was read; and the same was dismissed.
A petition from Francis Costigan, convicted of larceny at a Court of General Quarter Sessions for the county of Philadelphia, and sentenced to be publickly whipp'd, to pay a fine to the use of the State, to restore the goods stolen, or the value thereof, and to pay the costs of prosecution, was read, praying remission of the said fine : On consideration,
Resolved, That the said fine be remitted, on condition that the said Francis Costigan enter on board one of the Continental frigates, to serve during the present war.
In Council.
PHILAD'A, Thursday, April 19th, 1781. PRESENT :
His Excellency JOSEPH REED, Esq'r, President. Honourable WILLIAM MOORE, Vice President.
Mr. Lacey, Mr. Gardner, Mr. Cunningham,
Mr. Read, and Mr. Hayes.
A order was drawn on the Treasurer in favour of Colonel Samuel Miles, Deputy Quarter Master General, for the sum of five hundred pounds, State money, for the purpose of repairing the barracks at Lancaster, the same to be charged to the United States of America.
An order was drawn on the Treasurer in favour of Colonel Lew- is Farmer, for the sum of two hundred and forty pounds, State
697
SUPREME EXECUTIVE COUNCIL.
money, for the purpose of paying divers persons employed in mak- ing up cloathing for the use of the troops of the Pensylvania line, for which he is to account.
The Honourable James Cunningham presented to the Council the account for his attendance at the Board, vizt :
The State of Pensylvania To James Cunningham, Dr. For attendance in Council from January the 5th to the nineteenth, 1781, inclusive, 105 days, at 25s per - £131 To mileage, 81 miles, at 2s, - -
5
8 2
139 7
And thereupon, an order was drawn on the Treasurer in favour of the Honourable James Cunningham, for the sum of one hun- dred and thirty-nine pounds seven shillings, State money, agreeable to the said account.
The Board having, according to rule, order of the day, taken into consideration the complaint of Patrick Hayes and Samuel Pat- terson against James Bailey, Waggon Master of Lancaster county, referred by the House of Assembly, and the parties attending, were fully heard ; sundry certificates and affidavits were also read ; and the same being maturely considered,
Resolved, That it was the duty of Messer. the Waggon Master, to have taken the pay-rolls and have settled the pay of the wag- gons upon his return from the service, which wou'd have prevented farther dispute ; but that the Waggon Master having actually paid some of the brigade the sum of four hundred and ninety-eight pounds, part of five hundred and eighteen pounds, and offered to pay the others, which they declined receiving ; and farther, that as soon as the true. pay-roll came, he wou'd settle the remainder ; and it appearing that the money has been since ready, if the complain- ants wou'd have receiv'd it, but that a demand of depreciation was also made, which this Board is of opinion cannot be justly demand- ed ; the Council are, therefore, unanimously agreed that no crimi- nality appears in Mr. Baily, the Waggon Master, and that the petition shou'd be dismissed.
Resolved, That the Waggon Master be directed to pay off the petitioners, the sum of five hundred and eighteen pounds, as soon as possible.
The following proclamation being read and considered, vizt :
By his Excellency JOSEPH REED, Esquire, President, and the Supreme Executive Council of the Commonwealth of Pen- sylvania:
A PROCLAMATION.
WHEREAS, The Honourable the Congress of the United States of America, by their resolve of the twentieth day of March last, Aid woonmmend the following words vizt .
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MINUTES OF THE
At all times it is our duty to acknowledge the overruling provi- " dence of the Great Governor of the Universe, and devoutly to " implore his Divine favour and protection ; but in the hour of ca- " lamity and impending danger, when by fire and the sword of the " Savages of the wilderness, and by our own domesticks, a vindic- " tive enemy pursues a war of rapine and devastation with unre- "lenting fury, we are peculiarly excited with true penitence of " heart, to prostrate ourselves before our great Creator, and fer- " vently to supplicate His gracious interposition for our deliverance. " The United States in Congress assembled, therefore, do earnest- " ly recommend that Thursday, the third of May next, may be ob- " served as a day of humiliation, fasting and prayer, that we may "with united hearts confess and bewail our manifold sins and "transgressions, and by sincere repentance and amendment of " life, appease his righteous displeasure, and through the merits of "our blessed Saviour, obtain pardon and forgiveness ; that it may " please Him to inspire our rulers with incorruptible integrity, and "to direct and prosper their councils; to inspire all our citizens " with a fervent and disinterested love of their country, and to " preserve and strengthen their Union; to turn the hearts of the " disaffected or to frustrate their devices ; to regard with Divine " compassion our friends in captivity, affliction and distress ; to " comfort and relieve them under their sufferings, and to change " their mourning into gratefull songs of triumph. That it may " please him to bless our ally, and to render the connection formed " between these United States and his kingdoms a mutual and last- "ing benefit to both Nations; to animate our officers and forces by " sea and land with invincible fortitude, and to guard and protect " them in the day of battle, and to crown our joint endeavours for " terminating the calamities of war with victory and success. That "the blessings of peace and liberty may be established on an " honourable and permanent basis, and transmitted inviolate to the " latest posterity. That it may please him to prosper our hus- " bandry and commerce, and to bless us with health and plenty. " That it may please him to bless all schools and seminaries of " learning, and to grant that truth, justice and benevolence, and " pure and undefiled religion, may universally prevail. And it is "recommended to all people of these States to assemble for publick " worship, and abstain from labour on the said day."
Wherefore, as well in respect of the said recommendation of Congress, as from a due necessity of humbling ourselves before the Great Governor of the Universe, and imploring His protection and support, we do hereby direct and order that the said Wednesday, the third day of May next, be set apart and observed as a day of humiliation, fasting and prayer, according to the said resolve ; and
699
SUPREME EXECUTIVE COUNCIL.
that all persons within this State abstain from servile labour and recreation on the said day.
Given by order of the Council, under the hand of his Excellency JOSEPH REED, Esquire, Presid't, and the seal of the State, at Philadelphia, this nineteenth day of April, in the year of our Lord one thousand seven hundred and eighty-one.
JOSEPH REED, President.
Attest-TIMOTHY MATLACK, Sec'y.
GOD SAVE THE COMMONWEALTH
An application from Captain Stephen Decatur on behalf of his mother, Precilla Decatur, now in the city of New York, praying permission for her to come from the said city to the city of Phila- delphia, was read ; and thereupon,
Ordered, That the said permission be granted.
In Council.
PHILAD'A, Friday, April 20th, 1781. PRESENT :
His Excellency JOSEPH REED, Esquire, President. Honourable WILLIAM MOORE, Esquire, Vice Presid't.
Mr. Lacey, · Mr. Gardner,
Mr. Read, and Mr. Hayes.
Ordered That the Secretary do endeavour to call in the books belonging to the State Library, by advertising all persons to bring them in.
WHEREAS, The valuable library belonging to the State has been scattered, by many gentlemen having taken books to their own houses and lodgings which they have neglected to return ; and a suitable repositary for the said books being now prepared at the publick charge, it is most earnestly requested that all persons possessed of said books, and which are . well known by the words " Assembly of Pensylvania " being stamped on the outside, will send them to the Council Chamber, or by a note, inform the Clerk of the Council where the books are and a Messenger will call for them. As most of the books composing the library are very valu- able, and particularly useful to the Council, Assembly, and other publick bodies, it is hoped that after this notice no gentleman will retain them.
Ordered, That Colonel James Marshall, Lieutenant of the coun- ty of Washington, be authorised and directed to call out forty men of the militia of that county ; or if the militia shall not be organi- zed sufficient for that purpose, to raise the said number of men, for the purpose of escorting and guarding the Commissioners appointed
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MINUTES OF THE
to run the line between this State and Virginia during the time they shall be on that service ; and that he be authorised to call on the commanding officer at Fort Pitt for amunition for that purpose.
Ordered, That Mr. Duncan, Commissioner of Purchases for the county of Westmoreland, be authorised and directed to make suita- ble provision for the Commissioners appointed to run the line be- tween this State and Virginia and their attendants, which will probably, in the whole, amount to about fifty men, during their continuance on that service.
On consideration,
Ordered, That the Waggon Masters of the respective counties of this State do make returns on or before the twentieth day of May next, of their proceedings, in consequence of the order of this Board of the twenty-fifth day of July last, and that the checks of the certificates issued by them for horses purchased in pursuance of the said order, be sent to the Secretary on or before the said twentieth day of May.
Ordered, That publick notice be given to all persons possessed of certificates of monies due for horses purchased by the Waggon Masters of the respective counties, for publick service, to bring in the same to the Council for payment after the twentieth day of May next.
Ordered, That Friday next be appointed to take into considera- tion the return of the proposed road leading from Derby road to the bridge on Scuylkill, and that the same be published, in order that all persons who have objections thereto may make them ap- pear.
Ordered, That such of the Commissioners appointed to purchase cattle, who have not already made returns of their proceedings, do immediately make return thereof, and that the checks of the cer- tificates issued by them for cattle purchased in pursuance of the act of Assembly passed the first day of June last, intitled " An Act " for procuring an immediate supply of provisions for the Federal " army in its present exigency," be sent to the Secretary on or be- fore the twentieth day of May next.
Ordered, That publick notice be given to all persons possessed of certificates of monies due for cattle purchased by the Commis- sioners for purchasing cattle in the respective counties for publick service, to bring in the same to the Council for payment after the twentieth day of May next.
·
701
SUPREME EXECUTIVE COUNCIL.
In Council.
PHILAD'A, Saturday, April 21st, 1781. PRESENT :
His Excellency JOSEPH REED, Esquire, President. Honourable WILLIAM MOORE, Esquire, Vice President.
Mr. Lacey, Mr. Read.
Mr. Garduer,
Ordered, That Colonel Lewis Farmer be directed to procure eight epaulets and yellow binding sufficient to trim twenty soldiers' coats, and that he deliver the same to Captain David Zeigler, tak- ing his receipt therefor.
An order was drawn on the Treasurer in favor of Mr. James Stebenson, for the sum of ten thousand pounds (of the money emit- ted by act of Assembly for striking five hundred thousand pounds) for the purpose of paying one-third of depreciation certificates to officers and soldiers of Pensylvania line going on command, for which the said Stephenson is to account.
The Honourable Joseph Gardner, Esq'r, presented to the Coun- cil the following account for his attendance at the Board, vizt :
For his attendance in Council from the 24th of October, 1779, to the 19th of January, 1780, 87 days, at £12 per day, Continen- tal money,
£1,044
From the 19th of January to the 30th of May, 1780, 132 days, at £16 per day, - .
2,112
3,156
Contra. 1780, February 20th, by cash receiv'd of David Rittenhouse, Esq'r, by an order of Council, -
May 20th, by Do.
- £1,500 - 1,125
£2,625
Continental, - -
531
To ballance due upon the above account - -
531
Continental exchange, at £75, State money, -
- £ 717 To attendance in Council, from the 30th May, 1780, to the 21st of April, 1781, inclusive, 328 days, at 25s per day,
410
State money,
417 1 7
1780, November 6th, by an order on the Trea- surer £4,500 Continental money, at £75 ex- change, State money, - £ 60
Decem'r 16th, by Do., State money,
-
142
202
£215 1 7
1
-
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MINUTES OF THE
And thereupon,
An order was drawn on the Treasurer in favour of Honourable Joseph Gardner, for the sum of two hundred and fifteen pounds one shilling and seven pence, State money, ballance of money due to him agreeable to the foregoing account.
A letter from the Honourable Board of War of the twenty-first instant, was read, informing that they have on hand a number of Rampart musquetts, of which they are making a distribution among the States liable to be attacked on the sea-board, and that five hun- dred are appropriated for Pensylvania, to be charged at the valua- tion : Thereupon,
Ordered, That Captain Joseph Stiles, Commissary of Military Stores, be directed to wait upon the Honorable Board of War and receive the said musquetts.
Resolved, That Colonel Adam Hubley, Lieutenant of the county of Lancaster, be directed to procure bayonets for the publick arms belonging to the State now at Lancaster, and that he report to the . Council the amount of the same, which they will order to be paid.
In Council.
PHILADELPHIA, Monday, April 23d, 1781.
PRESENT :
His Excellency JOSEPH REED, Esq'r, President.
The Honourable WILLIAM MOORE, Esquire, Vice President.
Mr. Lacey, Mr. Gardner,
Mr. Read, and Mr. Hayes.
An order was drawn on the Treasurer in favour of William Brad- ford, Junior, Esquire, Attorney General, for the sum of fifty pounds, State money, in part of his pay as Attorney General of this State, for which he is to account.
An order was drawn on the Treasurer in favour of Mr. Thomas Nevill, for the sum of two hundred pounds, State money, for pur- chasing materials necessary for the purpose of taking down the part of the State House Steeple constructed of wood, agreeable to a reso- lution of the House of Assembly, for which sum he is to account.
A letter from his Excellency the President of Congress, of the nineteenth instant, was read, inclosing an ordinance for establishing courts for the trial of piracics and felonies committed upon the high seas, passed in conformity to the Articles of Confederation ; there- upon,
Resolved, That the said ordinance be sent to the Honourable the Judges of the Supreme Court and Judge of the Admiralty of this State.
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SUPREME EXECUTIVE COUNCIL.
Ordered, That Major William Armstrong be directed to deliver Mr. Thomas Nevill, such blocks, takles and ropes in his possession belonging to the State, as may be necessary for the purpose of tak- ing down the part of the State House Steeple constructed of wood, agreeable to a resolution of the House of Assembly.
The Board taking into consideration the act of Assembly, entitled " An Act to amend the acts intitled ' An Act for the more effectual supply, and Honourable reward of the Pensylvania Troops in the service of the United States of America,' and the act intitled 'An Act to settle and adjust the accounts of the troops of this State in the service of the United States, and for other purposes therein mentioned ;'"
Resolved, That James Stevenson, John Nicholson, William Go- forth, Robert Levers, Henry Haller, John Thom, John Beaton, Samuel Boyd, Henry Slagle and Samuel. Laird, or any two of them, of whom the said James Stevenson and John Nicholson always to be one, be appointed Commissioners for the payment of the one- third of the depreciation certificates, and for granting new certifi- cates, as directed by the said act.
Resolved, That the said Auditors do correct the mistakes which have been made by granting certificates to officers who had resigned previous to passing the law, or such as have been prisoners, and whose account of monies receiv'd in captivity, have not been set- tled and ascertained by the Auditor General, and such other certi- ficates as shall appear to have been granted contrary to the law and former instructions of this Board, and that such correction be made by taking up such certificates, and that a particular return be made of all such cases.
Resolved, That the said commissioners take a receipt on each certificate delivered up for the money paid on account, that the same may be a voucher for the expenditures, and such certificates and receipts be delivered into this Board.
Resolved, That the said Commissioners in the payment of the money, pay a strict regard to the law in this case, which confines the payment to such officers and soldiers as are in actual service.
Resolved, That the said James Stevenson and John Nicholson do collect all the papers and vouchers of the settlement made agree- able to the resolves of this Board, of the third of March last, and close the settlements in the country, informing future applicants that they must apply in Philadelphia before the first of June, at which time the settlement will finally close.
The depreciation account of David Porter, Waggon Master to the Second Pensylvania brigade, being considered, and the law re- ferred to, appears that none but military officers of the line are intitled to allowance of depreciation.
An order was drawn on the Treasurer in favour of John Lukens, Esquire, one of the commissioners for running the line between the State of Virginia and this State, for the sum of four hundred pounds,
·
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MINUTES OF THE
State money, for the purpose of paying contingent expenses of the commissioners appointed for the said service, and their attendants, for which sum he is to account.
On consideration,
Resolved, That the following instructions be given to John Lu- kens and Archibald M'Clean, Esquires, commissioners appointed to run and mark the line between this State and the State of Vir- ginia
Instructions to John Lukens & Archibald M'Clain, Esquires, com- missioners appointed on the part of Pensylvania to run the boundary line between the said State and the State of Virginia.
" GENTLEMEN :- Agreeable to the appointment of Council, here- with delivered, you are to proceed, with all convenient (expedition, to ascertain and mark the boundary line between this State and the State of Virginia, according to the agreement of the commis- sioners heretofore mutually appointed by the respective States, dated at Baltimore, August the thirty-first, one thousand seven hundred and eighty, as follows, vizt :
" BALTIMORE, August 31st, 1779.
" We, George Bryan, John Ewing, and David Rittenhouse, com- . "missioners from the State of Pensylvania, and we, James Maddi- " son and Robert Andrews, commissioners for the State of Virginia, " do hereby mutually, in behalf of our respective States, ratify and " confirm the following agreement, vizt : to extend Mason and " Dixon's line due west five degrees of longitude, to be computed " from the river Delaware, for the southern boundary of Pensylva- "nia, and that a meridian drawn from the western extremity " thereof to the northern limit of the said State, be the western " boundary of Pensylvania forever."
"It is expected you will be met by commissioners on the part of Virginia, but if you shou'd not, it is the desire and intention of the Council that the line should be ascertained and marked in as strict conformity as possible to the above agreement, which has been solemnly ratified by the Legislature of each State.
" Colonel Marshall, the Lieutenant of Washington county, has orders to provide a guard of forty men, properly officered, to attend you on this duty, with which we hope you will be able to execute this important service, notwithstanding any designs of the enemy, or dissatisfaction of persons attached to the Virginia claim.
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