USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XII > Part 68
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A petition from Casper Iserlo, praying to be discharged from confinement, on condition of his entering on board the frigate Trum- bull, was read ; and thereupon the same was rejected.
A petition from Miles Martin, now confined in the old goal, praying remission of his fine, payable to the use of the State, and to be discharged from confinement, was read ; and thereupon,
Resolved, That the said fine be remitted, and he be discharged from confinement, on condition of bis entering on board the Conti- nental frigate Trumbull, to serve during the continuance of the present war, without bounty.
Mr. Galbraith and Mr. Montgomery, a committee of the Gene. ral Assembly, attended in Council.
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The committee informed the Council that a proposition had been made in the House to address the people on the present State of publick affairs, and that the House had directed them to confer with Council, and inquire whether they are willing to join with the House in this address.
The Council being disposed to give every assistance in their power, proposed that a committee be appointed by the House, and one by the Council, which two committees shall prepare and bring in an essay of the proposed address for consideration.
WHEREAS, Brigadier General Irvine has represented to this Board that a number of spirited, well affected inhabitants of the counties West Susquehanna, have signified their intentions of equipping themselves to act as Light Horse and Volunteers, to be in readiness to repel any incursion of the enemy in this State, and in case of necessity, to march to the relief and assistance of our neigh- bouring States, now invaded by the enemy, and in great distress.
Resolved, That this Board do highly approve the spirit mani- fested on this occasion, and also of General Irvine's intentions to form said volunteers, and take charge of them in the proposed ser- vice, and do for that purpose assure him and them, that they shall receive all proper and necessary encouragement from this Board.
In Council.
PHILADELPHIA, Tuesday, 19th June, 1781.
PRESENT :
His Excellency the President.
Honourable WILLIAM MOORE, Esquire, Vice President.
Mr. Lacey, Mr. Gardner,
Mr. Van Campen, and Mr. Cunningham.
Mr. Thompson,
A letter from his Excellency General Washington of the fif- teenth instant, was receiv'd and read, acknowledging the receipt of the letters from the President of the seventeenth ult. and sixth instant, informing that Lieutenant Colonel Carrington, of the first Artillery regiment, will succeed to the fourth, lately commanded by Colonel Proctor and Colonel Forrest, removed to the first; that the proceedings of the Court Martial on the trial of Lieutenant Bigham, have been transmitted to him, with the sentence by which he is cashiered, and that he hath approved the same.
Ordered, That the said letter be filed,
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Colonel Joseph Hart appeared before the Council, and also Cap- tain Joseph Hart. The petition of Captain Joseph Hart was read as follows, vizt :
To the Honourable the Supreme Executive Council of the Com- monwealth of Pensylvania.
The petition of Captain Joseph Hart, of the township of War- minster and county of Bucks, humbly sheweth :
That in consequence of an act of the Honourable Assembly, passed the twenty-sixth day of May, one thousand seven hundred and eighty, it became the duty of your petitioner to hire two men to serve in the Federal army for a certain time :
That your petitioner neither refused nor neglected to perform the duties required of him by this act. He speedily hired one man, at an easy rate, advanced the money to pay him, and was likely to procure another before the time appointed by the Lieutenant of the county, but before the time came, the said Lieutenant, Mr. Joseph Hart, hired a second person, and having first required your peti- tioner to pay him, he afterwards directed him to pay another, whom he, the said Lieutenant, had hired for another township, saying he wou'd make Captain Walker pay the man he had hired for your petitioner. Your petitioner complied, and agreeable to the tenor of the said act of Assembly, assessed the township to the amount, but through a collision between the said Lieutenant and the col- lector, the whole monies thus raised were grasped by the said Lieutenant, Joseph Hart, and are now fraudulently held by him, to the great injury of your petitioner, who is hereby deprived of more than two thousand pounds, advanced near a year ago on the publick account.
To you, gentlemen, as the court to which he is ameanable, your petitioner flies for redress in what concerns himself.
The above facts, with some others related to them, your peti- tioner is ready to support by substantial evidence, and begs an op- pertunity may be given him for that purpose, that justice may be done, and none in future discouraged from hazarding their property to serve the public, or applying to the supreme authority of Pen- sylvania for redress of the wrongs done by their officers; and your petitioner, as in duty bound, will ever pray.
. Warminster, May 28th, 1781.
The evidences having been heard on both sides of the question, and the observations thereupon by Captain Hart, and the defence of Colonel Hart being also heard, agreed, that the Council will delib- erate upon the case untill to-morrow.
Colonel James M'Masters informed the Council that he had been elected to an office, the return of which, he supposed had been made to Council; that he thought himself ill used by Colonel
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Hart ; and that if a commission was to be issued to him, he thought it his duty to inform the Council that he wou'd not receive the. commission through Colonel Hart; that he wou'd receive any order from Council through any other Lieutenant of the county except Colonel Hart.
Note .- The minute was read to Colonel McMasters, and he agreed that it contained the information he gave to Council.
An order was drawn on the Treasurer in favour of Messrs. James Stevenson and John Nicholson, for the sum of two thousand pounds, State money, dated the seventh day of April last, for the purpose of paying to officers and soldiers of the Pensylvania line, one-third of their depreciation certificates, for which the said James Stephenson and John Nicholson are to account.
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 Assembly met.
GENTLEMEN :- The publick necessities compel us to address you in a language more serious and decisive than any we have ever yet adopted. Our respective powers are by the Constitution mutually defined and limitted. It is with you to provide the means of sup- porting the just and necessary war in which we are engaged-of procuring the supplies and relieving the publick distresses. It is with us to execute the laws, and apply those means to publick pur- poses ; and we are to abide the judgment of our country on the faithfull performance of our duty. But we cannot consent that the publick burthens shou'd be devolved on us by hasty resolves, formed at the close of your sessions, or be left by you in a state of responsibility for the great and important demands upon this State, which we have communicated to you, and which have been now before you a considerable time. You must be sensible, gentlemen, that the operation of any tax law will, with all possible expedition, be too slow for our immediate necessities ; that the support of the Federal army, the subsistence of a great number of prisoners, the relief of the frontiers, and other daily wants of various kinds, require instant provision of the means of purchase, or that you shou'd devise some other mode. While the tranquility of the State admits the full operation of the Legislature, we neither can or will exercise any other powers than such as will bear the full test of future inquiry ; and shou'd events fatal or injurious to the State follow in consequence of our being left in a state of inability to furnish our contingent in the publick cause, or to guard against the practices of its deadly enemies, we shall hold ourselves justly acquitted before all the world.
We have laid the State of the publick wants fully before you; it was the hope of immediate relief that induced us to call you together, and though near three weeks have now elapsed, we are in
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the same state of imbecility and distress as when the sessions be- gan. We had flattered ourselves that in this important crisis, when the greatest events, both in Europe and America, are depending, you wou'd have adopted immediate and decisive modes to supply the army with provisions; support the frontiers ; to recruit the line; strengthen the militia, and animate the well affected by just and reasonable distinctions between them and persons of a different character. The bills depending before the House, and its proceed- ings do not appear to us calculated to effect these important pur- poses, but rather to diminish the little strength and energy we retain. If the House, as it is to be presumed, is in possession of the confidence of the people, surely some immediate assistance might be drawn from those under whose choice your representation is so recently derived. We do most earnestly call upon you for this assistance, because without it we see no prospect of supplying the interval between this and the effective operation of the laws you may pass to furnish the treasury with such money as the peo- ple will receive in payment. Your own experience and observation make it unnecessary to inform you that neither the produce of the country or of commerce, are to be obtain'd for paper money, con- sistent with your late resolutions on that subject, which appear to us very proper. We, therefore, depend upon your providing us with other means before your adjournment, or relieve us from the responsibility in which we stand. The alarming consequences which, in our present situation, must ensue if we are not supported, are too obvious to need enumeration, and will not easily admit of exaggeration, but we shall stand justified, as we have faithfully and repeatedly, from session to session, stated the approaching difficul- ties, with clearness and precision. · JOSEPH REED, President. Council Chamber, Philad'a, June 19th, 1781.
In Council.
PHILAD'A, June 20th, 1781, Wednesday.
PRESENT :
His Excellency JOSEPH REED, Esq'r, President.
Honourable WILLIAM MOORE, Esquire, Vice President.
Mr. Lacey, Mr. Gardner, Mr. Thompson.
Mr. Cunningham, and
Mr. Van Campen,
An order was drawn on the Treasurer in favour of Honourable John Lacey, Junior, Esquire, for the sum of forty pounds, State
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money, dated the twenty-ninth of April, one thousand seven hun- dred and eighty, in part of his pay as a member of this Board, for which he is to account.
The Council resumed the consideration of the charge exhibited by Captain Joseph Hart against Colonel Joseph Hart, Lieutenant of the county of Bucks, so far only as the said charge relates to his conduct as Lieutenant of the said county, and upon a full consid- eration of the evidence, the Council were unanimously of opin- ion that it doth not appear that Colonel Joseph Hart hath been guilty of any misbehaviour in his said office ; and therefore,
Ordered, That the petition of the said Captain Joseph Hart be dismissed.
A letter from Colonel Adam Hubley, Lieutenant of the county of Lancaster, dated the seventeenth instant, was read ; and there- upon,
Ordered, That the Lieutenant of the county of Lancaster do call one hundred and twenty militia, for the purpose of guarding prisoners, to Easton and Philadelphia. The militia which may be sent to Easton, to continue there on duty untill relieved by the militia of the county of Northampton, and on their return to Lan- caster to compleat their tour of duty as guards at Lancaster. The militia sent to Philadelphia, on their return to Lancaster also to compleat their tour of duty there as guards.
The following message being read and considered, vizt :
Message from the President and Supreme Executive Council to
- the Representatives of the Freemen of Pennsylvania, in Gen- eral Assembly met.
GENTEMEN :- In the tenth section of the bill for recruiting the Federal army published for consideration, we observe that it is proposed that this Board shou'd be authorized to levy upon the classes who may be delinquent such farther sum than nine pounds as may be necessary to inlist a recruit for every delinquent class. We apprehend this power to be unconstitutional, and amounting, in fact, to an unlimitted power to tax the people inconsistent with the eighth section of the bill of rights, which is declared to be a part of the Constitution of this Commonwealth, and never to be violated on any pretence whatever." We can neither exercise this power ourselves or consent to establish a precedent of this nature, Nor do we think it necessary ; the Honourable House are as competent judges as the Council what sum will probably be sufficient to engage recruits, or if there are inconveniences in fixing the sum, the like mode as in other States, and lately in this, might be adopted, vizt : to enjoin the class to procure a man, or if procured by any officer, to pay the expence, which may be various in different parts of the State, whereas, if affixed by Council, it must be done at a precise sum in every part, however different the circumstances. We must,
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therefore, before the bill receives its final sanction, recommend this clause to the farther consideration of the House.
Ordered, That the same be presented to the Honourable House of Assembly.
In Council.
PHILAD'A, Thursday June 21st, 1781, PRESENT :
His Excellency JOSEPH REED, Esquire, President.
Honourable the Vice President.
Mr. Lacey, Mr. Gardner,
Mr. Van Campen, and
Mr. Thompson,
Mr. Cunningham.
A letter was written, directed to the Speaker of the Honourable House of General Assembly, requesting a conference with the House and the Delegates of this State in Congress, upon the pre- sent situation of publick affairs.
The Council taking into consideration the case of John Perry, convicted of burglary, in the county of Cumberland, and now un- der sentence of death, and he being recommended for mercy by the Honourable the Chief Justice ; thereupon,
Resolved, 'That the said John Perry be pardoned, on condition that he inlist as a soldier in one of the regiments of this State to serve during the present war.
In Council.
PHILAD'A, Friday, June 22d, 1781.
PRESENT :
His Excellency JOSEPH REED, Esq'r, President.
Honourable WILLIAM MOORE, Esquire, Vice President.
Mr. Lacey, Mr. Thompson, and
Mr. Gardner, Mr. Van Campen.
General Mifflin and Mr. Allison, a Committee of the Honourable House of Assembly, attended, and informed the Council that the House are now ready to confer with the Council and Delegates of the State in Congress, agreeable to the request of Council of yes- terday ; thereupon, the Council met the House in the Assembly room, and a conference was had accordingly.
SUPREME EXECUTIVE COUNCIL. 767
The petition of Monsieur Massonnare, praying this Board to stay the prosecution of a forfieture of a quantity of rum and sugar, seized by the Naval Officer for non-entry agreeable to law. And the said petitioner having established on oath the facts set forth in his said petition, by which it appears that no fraud was intended, but the Captain of the vessel had neglected to make the entry without any concurrence or approbation of the owner, or design to evade payment of the customs.
Resolved, That the Naval Officer do cause the said Captain to be prosecuted at law for his delinquency.
Resolved, That the Attorney do stay prosecution against the ef- fects of the petitioner, and that the Naval Officer, being satisfied of his own claims of seizure, re-deliver the said effects to the petitioner, he paying the duties and all charges which have accrued.
A petition from Sarah Rooks, convicted of receiving stolen goods at a Court of Oyer and Terminer and General Goal Delivery held at Philadelphia the ninth of April last, and sentenced to pay a fine to the use of the State of the sum of one hundred pounds, &ca., was read, praying remission of the said fine ; thereupon,
Resolved, That the same be remitted.
In Council.
PHILAD'A, Saturday, June 23d, 1781.
PRESENT :
His Excellency JOSEPH REED, Esquire, President. Honourable WILLIAM MOORE, Esquire, Vice President.
Mr. Lacey, Mr. Thompson, and
Mr. Gardner, Mr. Cunningham.
On consideration,
Resolved, That Robert Levers, Esquire, of the county of North- ampton, be appointed and commissioned to be Lieutenant of the said county, in the room of Colonel Samuel Rea, resigned.
Resolved, That John MeFarren, Jun'r, be appointed Paymaster of the militia of the county of Northampton.
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In Council.
PHILAD'A, Monday, June 25th, 1781.
PRESENT :
His Excellency JOSEPH REED, Esquire, President. Honourable WILLIAM MOORE, Esquire, Vice President.
Mr. Gardner, Mr. Lacey, Mr. Cuningham, On consideration,
Mr. Van Campen, and Mr. Thompson.
Resolved, That Colonel Adam Hubley, Lieutenant of the county of Lancaster, be directed to call into service the third class of the eighth battalion of militia of the said county, for the purpose of guarding British prisoners.
In Council.
PHILAD'A, Tuesday, June 26th, 1781. PRESENT :
His Excellency JOSEPH REED, Esq'r, President.
Honourable WILLIAM MOORE, Esquire, Vice President.
Mr. Lacey, Mr. Gardner, Mr. Cunningham,
Mr. Van Campen, and Mr. Thompson.
WHEREAS, The, Honourable Board of War, by direction of Con- gress, have made a requisition of a corps of militia for the service of the United States :
Resolved, That the Lieutenant of the city and liberties of Phil - adelphia be directed to call forth one class of the city militia, the same to be properly officered, and the commanding officer to receive . orders from the President of the State.
WHEREAS, A number of the Convention prisoners have been directed by the Honourable Congress and his Excellency General Washington, to continue in the State 'till farther orders, which will require a guard of militia :
Resolved, That the Lieutenant of the county of York do call out one class of the militia of the said county, for the purpose aforesaid, provided the said class shall amount to one hundred men ; if not, then to call another class, or so many classes of the battalions next in order, as shall amount to that number, officers included.
Resolved, That the Lieutenant of the county of Berks do call out one class of the militia of the said county, for the purpose
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aforesaid, provided the said class shall amount to one hundred men ; if not, then to call another class, or so many classes of the batta- lions next in order as shall amount to that number, officers excluded.
Resolved, That Robert Levers, Esquire, Lieutenant of the coun- ty of Northampton, be directed to call into service one class of the militia of the said county next in order, for the purpose of reliev- ing the militia at present stationed on the frontiers.
The Board taking into consideration the appointing a Paymaster of the militia of the county of York, in the room of Colonel Wil- liam Scott, appointed Lieutenant of the said county ; and William Alexander being recommended to the Council as a proper person for the said office ; thereupon,
Resolved, That William Alexander, Esquire, be appointed Pay- master of the militia of the said county, in the room of the said Colonel Scott.
Resolved, That John Weams, Esquire, of the county of York, be appointed a Sub-Lieutenant of the said county.
A letter from Honourable James Potter, Esquire, of the twenty- eight ult'o, was read, recommending the appointing a Paymaster of the militia of the county of Northumberland ; thereupon,
Resolved, That William Gray, Esquire, be appointed Paymaster of the militia of the county of Northumberland in the room of Mr. Thomas Jordan.
A petition from William Lane, praying to be paid for fourteen musquetts procured at his own expence and delivered to Mr. Peter Dehaven, in the year one thousand seven hundred and seventy- seven, was read ; and thereupon,
Resolved, That it is the opinion of this Board that the same is properly a charge against the United States and ought to be paid by the Board of War.
An order was drawn on the Treasurer in favour of Ensign Sam- uel Quinn, for the sum of twelve hundred pounds, State money, to be paid to William Gray, Esquire, Paymaster of the militia of the county of Northumberland, for the purpose of paying Capt'n Robe- son's company of Rangers, raised in the said county, for which sum the said Paymaster is to account.
On consideration,
Resolved, That Mr. Samuel Quinn be appointed and commis- sioned to be Ensign of a company of Rangers raised in the county of Northumberland, the commission to continue in force for and during the space of seven months from the first day of May last.
The following resolutions of the Hon'be House of Assembly of the twenty-fifth instant, were receiv'd and read, vizt :
STATE OF PENNSYLVANIA IN GENERAL ASSEMBLY, Monday, June 25th, 1781.
Resolved, That the Superintendant of the finances of the United States be authorized and requested to procure on account of this State VOL. XII .- 49.
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the article of specific supplies required by Congress, upon the best terms on which he may be able to obtain the same ; and that the faith of this State be pledged, and it is hereby pledged, to fulfill such contracts as he shall enter into for that purpose : Provided always, that the supplies so purchased or procured, shall be carried to the account of this State in the manner directed by the acts of Congress requiring such supplies.
Secondly. That the said Superintendant be also authorized, and he is hereby authorized and requested to procure and pay into the Continental Treasury, on behalf of this State, so much of the pa- per bills of creditt emitted by other States, agreeably to the resolu- tions of Congress of the eighteenth of March, one thousand seven hundred and eighty, as will discharge to the United States the bal- lance due on the four-tenths of the quota of the said bills emitted, and intended to have been emitted by this State.
And whereas, The taxes now laid on the city and county of Philadelphia and the several counties of this State, by An act inti- tled " A supplement to the act intitled an act for refunding and " redeeming the bills of credit of the United States of America, " and for providing means to bring the present war to an happy "conclusion," passed the nineteenth day of December, 1780; and by an act entitled " An Act for raising effective supplies for the "year one thousand seven hundred and eighty-one," passed the twenty-first instant ; and also by an act intitled "An Act for raising "additional supplies for the year one thousand seven hundred and "eighty-one," passed this day, together with the sale of certain city lotts, directed to be sold by an act entitled "An Act for the better " support of publick credit by an immediate sale of the lands therein " mentioned, and fully securing the purchasers thereof in their titles, "and also for preserving the common lands appurtenant to the city " of Philadelphia and other townsin this State, from unwarrantable "encroachment," passed the tenth day of April, one thousand seven hundred and eighty-one,, will when carried into execution, bring into the Treasury of this State the whole of the bills of credit admitted to be receiv'd in payment of the said taxes and sales ; therefore,
Resolved, That the State Treasurer be directed, and he is here- by ordered and directed, not to issue or re-issue from and after this date, any of the said bills of credit that now or hereafter may be in his possession, from any cause, nor any pretence whatever, ex- cepting only the bills which have been emitted according to the act of Assembly entitled " An Act for emitting the sum of five " hundred thousand pounds, in bills of credit, for the present support "of the army, and for establishing a fund for the redemption there- " of, and for other purposes therein mentioned," passed the seventh day of April, 1781, and those only upon warrants which may be drawn on him by the said Superintendant, and which shall be countersigned by the President, or Vice President in Couneil : Pro-
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vided always, notwithstanding, that the sum of thirty thousand pounds shail be reserved and appropriated under the direction of the Supreme Executive Council, to the other exigencies of the State, agreeable to law and former resolutions of the House.
Resolved, That for the purposes aforesaid, and also for complying with other the requisitions made or which may be made by Con- gress, for the publick service, the said Superintendant be, and he is hereby authorized and impowered to draw warrants on the Trea- surer of this State for any sum or sum's not exceeding in the whole, five hundred thousand pounds, which warrants the said Treasurer shall pay in the bills last mentioned : Provided always, That if specie shall be brought into the Treasury in lieu of the bills of credit first above mentioned, or of any part thereof, then the said warrants shall be paid in specie, so far as the specie so brought in may extend : And also provided, That this State shall have credit in account with the United States, for all the monies so drawn for by the said Superintendant, and pay to his order as for so much specie, excepting such part thereof as shall be by him expended for the purposes mentioned in the first and second of the preceding resolutions.
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