USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XII > Part 65
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Resolved, That the said Surveyor take such assistance as may be necessary in the above service, the reasonable expence of which this Board will defray.
A petition from Daniel Andrew Henning being read and con- sidered,
Resolved, That the same be referred to Honourable George Bryan, Esquire, one of the Judges of the Supreme Court, to take such order thercon as he shall judge proper.
The Council resumed the consideration of the return and survey of the proposed road from Derby road to the Lancaster road.
Whereupon, after full consideration had, the Board were of . opinion that the same ought to be confirmed ; and the said road is accordingly by the Board adjudged to be forever hereafter a publick road or highway ; and
Ordered, That the same be opened of the breadth of sixty feet at least, and be recorded in the Council books, as the act of Assem- bly in that case directs : It is further
Ordered, That the supervisors of the highways for the townships thro' which any part of the road leads do, with all convenient speed, cause. the same to be cleared and opened through their re- spective townships, according to the courses and distances set forth in the said return of survey, which is as follows, vizt :
" In pursuance of the foregoing order, we, the subscribers, have " carefully viewed the premisses therein mentioned, and having " maturely considered the nature and situation of the ground, and "importance of the object, have laid out a road; the survey and "measurement is as follows, to wit : beginning in the middle of " Derby road, about three perches southwesterly of the angle in " said road, opposite James Bartram's house ; thence north thirty- " six degrees east one hundred and seventeen perches to a small " maple on the bank of Mill creek; thence one perch further on " the same course to the middle of said creek, at the Rocks ; thence " the same course continued fourteen perches and a half further to "a small heap of stones, about one perch and a half north of " Schuylkill mill race ; thence north fifty-two and a half east one " hundred and five perches to a stake; thence north seventy de- " grees east one hundred and sixty two perches to a stake; thence
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" north sixty-three degrees east one hundred and forty-four perches " to the middle of Market street or Lancaster road, to the north- "west of Hamilton's brick house : Which survey and measure- " ment, together with a draft of the said road, we return, as in and " by the said order we are directed and required. In witness " whereof, we hereunto set our hand sand seals, the fifteenth day of " March, Anno Domini, 1781
"JONATHAN PASCHALL, [Seal.] [Seal. ]
" JOHN SELLERS,
" PHILIP PRICE, [Seal. 7
" BENJAMIN BRANNON, [Seal.]
"JOHN LUKENS. [Seal.]
"NATHAN GIBSON, [Seal.]
"REUBEN HAINES, [Seal. ]"
In Council.
PHILAD'A, Monday, May 14th, 1781.
PRESENT :
His Excellency JOSEPH REED, Esquire, President.
Honourable WILLIAM MOORE, Esquire, Vice President.
Mr. Lacey, Mr. Gardner,
Mr. Read, and Mr. Whitehill.
A letter from his Excellency General Washington of the fifth instant, in answer to the letter from this Board on the memorial of the officers of Colonel Proctor's Artillery, and representing the distressed situation of the army on account of provisions, was re- ceiv'd and read ; and thereupon,
Ordered, That so much of the said letter as respects the said officers be copied and sent to them.
The Honourable Mr. Sullivan, Mr. Montgomery, Mr. Varnum, a committee of the Honourable the Congress of the United States, at- tended and requested a conference with the Council on the letter of the fifth instant from his Excellency General Washington, to Congress, representing the distressed state of the army for want of provisions ; and a conference was had thereupon.
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In Council.
Tuesday, May 15th, 1781, PHILAD'A.
PRESENT :
His Excellency JOSEPH REED, Esquire, President.
Honourable WILLIAM MOORE, Esquire, Vice President.
Mr. Lacey, Mr. Gardner,
Mr. Read, and Mr. Whitehill.
A petition from Henry Shrupp, Adjutant to the third battalion of Philadelphia militia, setting forth that when the militia was ordered out in August last, he procured a horse at his own expence from the Quarter Master General, and praying to be reimbursed by the publick, was read; and thereupon,
Resolved, That the said petition be referred to the city Lieuten- ant, to make payment, if he is satisfied of the justice of the de- mand.
The memorial of the Naval Officer of this port being read ; rep- resenting sundry difficulties which have arisen respecting the ship Anne, on account of the necessary papers being left in France, as alledged; and the law of this State laying an impost on goods, wares, and merchandizes imported into this State, being considered,
Resolved, That the said law not having vested any discretionary or dispensing powers in this Board, none can be assumed in this case, and that the said officer do therein as his duty and the laws of the State direct.
On consideration,
Resolved, That for the information and government of the good people of this State, the several printers be directed to publish in their respective newspapers the following extract from an act of Assembly passed the seventh of April, 1781 :
" And be it further enacted by the authority aforesaid, that from "and after the first day of June next, no money shall be receiv'd "in taxes or other publick dues in this State, other than gold " or silver, or bills of credit, by law equivalent thereto : And " that the Treasurer of this State be and he hereby is authorized "and empowered to set apart the sum of two hundred pounds of " the money to be emitted in pursuance of the directions of this " act, for the purpose of exchanging old Continental bills of credit, " the Commonwealth money emitted by an act passed the twentieth "of March, one thousand seven hundred and seventy-seven, and " the money heretofore emitted by the resolves of the Assemblies " of Pensylvania, according to the rate of exchange, to be declared " by. the President and Council, agreeably to the powers vested in " them by an act passed the twenty-third day of December, one
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" thousand seven hundred and eighty : And in order to accommo- " date the people possession any of the said old Continental, Com- "monwealth or resolve money, in the several counties of this State, " the State Treasurer is hereby authorized to employ the several " County Treasurers in exchanging the same, according to the said "rates declared by the Supreme Executive Council, and under such " restrictions as they may judge proper and necessary."
A pet tion from Benjamin Williams, convicted of larceny in the county of Berks, and sentenced to be publickly whipt and pay a fine to the use of the State of the sum of twenty-nine shillings, was read, praying a pardon for the said offence : On considera- tion,
Resolved, That the prayer of the said petitioner be granted.
A petition from Mrs. Elizabeth Fox, the wife of John Fox, late of the city of Philadelphia, an attainted traitor, praying a pass to go into the city of New York, was read ; and thereupon,
Ordered, That the prayer of her petition be granted, provided she give sufficient security not to return again without permission from the Council.
In Council.
PHILAD'A, Wednesday, May 16th, 1781. PRESENT :
His Excellency JOSEPH REED, Esquire, President. Honourable WILLIAM MOORE, Esq'r, Vice President. Mr. Lacey, Mr. Reed, and Mr. Whitehill. Mr. Gardner,
.
In Council.
PHILAD'A, Thursday, May 17th, 1781.
PRESENT :
His Excellency JOSEPH REED, Esquire, President. Honourable WILLIAM MOORE, Esquire, Vice President.
Mr. Lacey, Mr. Gardner,
Mr. Read, and Mr. Whitehill.
A letter from the Agent of the Royal Marine of France of the sixteenth instant, requesting permission to ship seven hundred and eighty-three barrells of flour, for the use of the Royal Marine of France, at St. Domingo, was read ; and thereupon,
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Ordered, That the said Agent be informed that such permission is not necessary in the present case.
The record of the conviction of Henry M'Keever and John Dob- bins, found guilty of burglary at a Court of Oyer and Terminer and General Goal Delivery, held at the city of Philadelphia, for the county of Philadelphia, the ninth day of April, 1781, and then and there sentenced, each of them, to be hanged by the neck 'till they be dead, being now read, petitions from the said Heury Mc- Keever and John Dobbins being also read; and the same being duly considered,
Ordered, That a warrant be issued, under the less seal of the State, for execution of the said sentence on Saturday the twenty-sixth instant, between the hours of ten of the clock in the forenoon, and two of the clock in the afternoon of the same day, at the usual place of execution.
The record of the conviction of John Flanagan and James Byrnes, found guilty of burglary at the said court, and sentenced, each of them, to be hanged by the neck 'till they be dead, being now read ; a petition from the said John Flanagan being also read: On consideration.
Ordered, That a warrant be issued, under the less seal of the State, for execution of the said sentence on Saturday the twenty- sixth instant, between the hours, &c., as aforesaid.
The record of the conviction of Thomas McCully, found guilty of burglary at the said court, and sentenced as aforesaid, being now read, together with a petition from the said Thomas McCully : Thereupon,
Ordered, That a pardon be granted to the said Thomas Mc- Cully.
The record of the conviction of Thomas McGee, found guilty of robbery at the said court, and sentenced as aforesaid, being now read,
Ordered, That a warrant be issued, under the less seal of the State, for execution of the said sentence on Saturday the twenty- sixth instant, between the hours, &ca., as aforesaid.
The record of the conviction of Thomas Wilkinson, found guilty of piracy, at a Court of Admiralty Sessions, held at Philadelphia for the United States of America, and for the State of Pensylva- nia, the twenty-third day of April last, and sentenced to be hanged by the neck, till he be dead, being now read ; thereupon,
Ordered, That a warrant be issued under the less seal of the State, for execution of the sentence on Wednesday the twenty- third instant, between the hours of ten of the clock in the fore- noon, and two of the clock of the afternoon of the said day, on the island in the river Delaware called Windmill Island; and it is further
Ordered, That the body of the said Thomas Wilkinson be taken down to Mud Island, in the said river, and hanged in chains on the north end of the said island.
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SUPREME EXECUTIVE COUNCIL.
In Council.
PHILADELPHIA, Friday, May 18th, 1781. PRESENT :
His Excellency JOSEPH REED, Esquire, President. Honourable WILLIAM MOORE, Esq'r, Vice President.
Mr. Lacey, Mr. Gardner,
Mr. Read, and Mr. Whitehill.
A'deed was examined and signed by his Excellency the Presi- dent, to Captain Charles Alexander, conveying a certain messuage or tenement and lot of ground thereto belonging, situate on the south side of Catherine street, between Front and Second streets, in the district of Southwark aforesaid: Containing in breadth twenty feet, and in length or depth one hundred and one feet six inches ; bounded eastward by grounds of Alexander Adams ; south- ward by ground of John Smith ; westward by ground of Anthony Duche ; and northward by Catharine street, aforesaid : Seized and sold agreeable to law, as the estate late of William Rhodden, an attainted traitor, to the said Charles Alexander, for the sum of four thousand one hundred pounds, lawfull money of Pensylvania, subject to a yearly ground rent of two bushells and one-twentieth part of a bushell of good merchantable wheat, payable to the Trus- tees of the University of this State, three-fourth parts of which sum he hath paid to the Agents for Confiscated Estates in the county of Philadelphia, the remaining one-fourth being reserved for the purpose aforesaid. Deed dated the twenty-eighth day of February last.
In Council.
PHILAD'A, Saturday, May 19th, 1781. PRESENT :
His Excellency JOSEPH REED, Esquire, President. Honourable the Vice President. Mr. Reed, and Mr. Whitehill. No Council.
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In Council.
PHILAD'A, Monday, May 21st, 1781. PRESENT :
His Excellency JOSEPH REED, Esquire.
Honourable WILLIAM MOORE, Esquire, Vice President. Mr. Read, and Mr. Whitehill. No Council.
In Council.
PHILAD'A, Tuesday, May 22nd, 1781.
PRESENT : His Excellency JOSEPH REED, Esquire, President. Honourable WILLIAM MOORE, Esquire, Vice President.
Mr. Gardner, Mr. Read, and
Mr. Whitehill.
An order was drawn on the Treasurer in favour of James Trim- ble, for the sum of four thousand pounds, of the money emitted by an act of the General Assembly passed the seventh of April last, to be forwarded to Mr. John Nicholson, at Yorktown, for the purpose of paying to officers and soldiers of the Pensylvania line in actual service, one-third of their depreciation certificates, for which sum the said John Nicholson is to account.
A committee of Congress attended in Council, and a conference was had on the case of Thomas Wilkinson, now under sentence of death, respecting the legality of his sentence; the Chief Justice being a member of Congress; and the Articles of Confederation de- claring that no member of Congress shall be a Judge of any of the Courts appointed for the trial of piracies and felonies committed on the high seas, and Courts established for receiving and deter- mining finally, appeals in all cases of captures; and after a free communication on the subject, it was
Ordered, That the said Thomas Wilkinson be reprieved for twenty-one days.
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SUPREME EXECUTIVE COUNCIL.
In Council.
PHILAD'A, Wednesday, May the 23d, 1781.
PRESENT :
His Excellency JOSEPH REED, Esq'r, President.
Honourable WILLIAM MOORE, Esquire, Vice President.
Mr. Gardner, Mr. Reed, and
Mr. Whitehill.
A deed was examined and signed by his Excellency the Presi- dent, to Thomas Huston, conveying a certain messuage or tenement and tract or parcel of land, situate in Durham township, in the county of Bucks, and bounded as follows, vizt : Beginning at a poplar tree standing on the bank of the river Delaware; thence extending by land of Thomas Pursel north sixty-five degrees west twenty-six perches to a black oak tree, marked for a corner; and south sixty-six degrees west one hundred and fifty-nine perches and four-tenth parts of a perch to a post ; thence by land of George Gres- ler north seventy-one degrees and three quarters of a degree west twenty-five perches to a post, and north twenty-four degrees west sixty perches to a post, in a line of land late of Joseph Galloway; thence by the last mentioned land north sixty-six degrees east twenty perches to a post, and north twenty-four degrees west one hundred and twelve perches to a stone; thence by other land late of the said Joseph Galloway, south eighty-five degrees east one hundred and eighty perches to a stone on the bank of the river Delaware aforesaid ; thence down the side of the said river on the several courses thereof to the first mentioned corner, the place of beginning; containing about one hundred and sixty-four acres, be the same within the bounds above described, more or less : Seized and sold agreeable to law, as the estate late of Peter Perlie, an at- tainted traitor, to the said Thomas Huston, for the sum of six thousand six hundred pounds, lawfull money of Pensylvania, which sum he hath paid into the hands of the Agent of Confiscated Es- tates in said county. Deed dated this day.
A letter from Andrew Boyd, Esquire, inclosing his commission as Sub-lieutenant of the county of Chester, which he proposed to resign : On consideration,
And it appearing that he had settled his accounts, it was agreed that the said commission be accepted of.
A circular letter from his Excellency the President of Congress, of the nineteenth instant, was receiv'd and read, inclosing a reso- lution of Congress recommending to the Legislatures of the seve- ral States to enact laws as soon as may be, ordering the Naval Offi- cers in their respective ports to require the Master and chief mate of all vessels unarmed, as well as armed, which shall be dispatched
1
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from their respective ports, to undersign their clearances in the presence of the Naval Officer of the port, who is also to insert on the back of the clearance, a minute description of the persons of the Master and his mate, with their age, stature, complexion, &ca., respectively, and certify the same, under his signature and seal of office :
Ordered, That the same be laid before the General Assembly.
-
In Council.
PHILAD'A, Thursday, May 24th, 1781. PRESENT :
His Excellency JOSEPH REED, Esquire, President. Honourable WILLIAM MOORE, Esquire, Vice President.
Mr. Gardner, Mr. Read, and
Mr. Whitehill.
A deed was examined and signed by his Excellency the Presi- dent to William Thomas, of Springfield towship, of Bucks, North- ampton, conveying a certain tract or piece of land situate in Penn township in the said county, on a branch of Lizard creek, bounded and being as follows, to wit :- Beginning at a post in the line of John Handwrek's land; thence extending along the same north eighty degrees 'west fifty-two perches to a post, a corner ; thence by vacant land south ten degrees west eighty-six perches to a post, a corner ; thence north eighty degrees west fifty four perches to a white oak, a corner ; thence by vacant land south ten degrees west one hundred and twenty perches to a post, a corner; thence by vacant land south eighty degrees east one hundred and six perches to a post, a corner ; thence by vacant. land north ten degrees east two hundred and six perches to the place of beginning; containing one hundred and seven acres and seventy-two perches, strict mea- sure : Seized and sold agreeable to law, as the estate late of Wil- liam Thomas, an attainted traitor, to the said William Thomas, (first above mentioned,) for the sum of two hundred and twenty- eight pounds six shillings and seven pence half-penny, which sum he hath paid into the hands of the Agents for Confiscated Estates in the said county. Deed dated the thirty-first day of December, 1780.
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SUPREME EXECUTIVE COUNCIL.
In Council.
PHILAD'A, Friday, May 25th, 1781. PRESENT :
His Excellency JOSEPH REED, Esquire, President.
Honourable WILLIAM MOORE, Esq'r, Vice President.
Mr. Gardner, Mr. Read, and
Mr. Whitehill.
The Commissioners of the taxes of the city and county of Phila- delphia, attended in Council agreeable to request, and a conference was had respecting the law " for compleating the quota of troops in the Federal army assigned to this State;" and the Commissioners having stated sundry difficulties which occurred in the execution of the said law, and having apologized for the delay in making their return, they were requested to make the same as soon as possible.
In Council.
PHILAD'A, Saturday, May 26th, 1781.
PRESENT :
His Excellency JOSEPH REED, Esquire, President.
Honourable WILLIAM MOORE, Esq'r, Vice President.
Mr. Gardner, Mr. Read, and
Mr. Whitehill.
Resolved, That Henry M'Keever and John Flanaghan now un- der sentence of death and confined in the old goal, be reprieved untill the further order of this Board.
A petition from Isabel Philips, the wife of a certain Matthew Philips, a soldier in the service of this State, under the command of Colonel Brodhead, at Pittsburg; setting forth her destitute con- dition, and praying some relief from this Board, was read; and thereupon,
Ordered, That Colonel Lewis Farmer be directed to deliver to the said Isabel Philips stuff for a gown, petticoat, shift, a pair of stockings, and a pair of shoes.
A letter from the Honourable Board of War of the twenty-fifth instant, was read, inclosing a resolution of Congress of the twenty- third, directing the Board of War to cause to be removed the Con- vention troops, in such manner and to such places as they shall
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think most conducive to the good of the Union in general, and re- commending to the several States through which the said prisoners may pass, to furnish the necessary guards and supplies of provi- sions through their respective States to the place or places to which they are removed. The said letter informing the Council that in obedience to the said resolution of Congress, they have concluded to send the said prisoners to Rutland, in the State of Massachusets Bay, and requesting that the necessary guards and supplies of pro- vision's may be furnished for passing through this State.
Ordered, That the same be laid before the General Assembly.
A letter from his Excellency Samuel Huntingdon, Esquire, Presi- dent, of the twenty-fourth instant, was receiv'd and read, inclosing a resolution of Congress of the twenty-second, for liquidating, as soon as may be, the whole of the debts already due by the United States, and funding the same, if agreeable to the creditors, as a loan, upon interest, and directing that the several States be informed that the calculations of the expenses of the present campaign are made in solid coin, and consequently that the requisitions from them respectively being grounded on those calculations, must be complied with in such manner as effectually to answer the purposes designed.
That the States be further informed that the exigency and situ- ation of publick affairs is such, that any farther delay in complying with the requisitions of Congress must prove ruinous.
Ordered, That the said papers be laid before the General Assem- bly.
In Council.
PHILAD'A, Monday, May 28th, 1781.
PRESENT : His Excellency JOSEPH REED, Esquire, President. Honourable WILLIAM MOORE, Esquire, Vice President. Mr. Gardner, Mr. Whitehill.
Mr. Read, and
In Council.
PHILAD'A, May 29th, 1781, Tuesday. PRESENT :
Honourable WILLIAM MOORE, Esquire, Vice President. Mr. Gardner, Mr. Read,
Mr. Whitehill, and Mr. Thompson, (now first return'd from home.)
----
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SUPREME EXECUTIVE COUNCIL.
In Council.
PHILAD'A, Wednesday, May 30th, 1781.
PRESENT :
His Excellency JOSEPH REED, Esq'r, President.
Honourable WILLIAM MOORE, Esquire, Vice President.
Mr. Read,
Mr. Gardner,
Mr. Thompson, and Mr. Whitehill.
Mr. Van Campen, (now returned from his family,)
A deed was examined and signed by his Excellency the Presi- dent, to Eleazer Levy, conveying a certain messuage or tenement and lott or piece of ground situate on the east side of Fourth street, between Sassafrass and Mulberry streets, in the city of Philadelphia, containing in breadth seventeen fect six inches (including one-half of a three feet alley on the north side thereof,) and extending in depth forty-nine feet six inches; bounded southward by a mes- suage and lot belonging to the Lutheran Congregation ; eastward by ground belonging to the German Reformed Congregation ; North- ward by a messuage and lot of William Warner; and westward by south street aforcsaid : Scized and sold agreeable to law, as the estate late of Samuel Shoemaker, an attainted traitor, to the said Eleazer Levy, for the sum of three thousand three hundred and fifty pounds lawfull money of Pennsylvania, which sum he hath paid into the hands of the Agents of Forfieted Estates in the city of Philadelphia. Deed dated the twenty-fifth instant.
Colonel Samuel Rea, Lieutenant of the county of Northampton, laid before the Council a state of his accounts to the twentieth in- stant, 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.
Colonel Abraham Smith, Lieutenant of the county of Cumber- land, laid before the Council a state of his accounts to the twenty- ninth instant, 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.
A petition from Captain Joseph Hart, of the township of War- minster, in the county of Bucks, complaining of the conduct of Colonel. Joseph Hart, Lieutenant of the said county, was read ; and thereupon,
Ordered, That a copy of the said petition be forwarded to the said Colonel Hart, and that the nineteenth day of June next be appointed for a hearing of the said parties.
VOL. XII .- 47.
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In Council.
PHILAD'A, Thursday, May 31st, 1781.
PRESENT :
His Excellency JOSEPH REED, Esq'r, President.
Honourable WILLIAM MOORE, Esquire, Vice President.
Mr. Gardner, Mr. Read,
Mr. Whitehill,
Mr. Thompson, and Mr. Van Campen.
The following message being read and considered, was agreed to to, vizt :
Message from the President and Council, to the Representatives of the Freemen of Pensylvania, in General Assembly met.
Gentlemen :
The exigencies of the State, the requisitions of Congress, and the representation of the Commander-in-Chief of the Federal army, have made it indispensably necessary to convene you before the time of your adjournment.
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