Colonial records of Pennsylvania, Vol. XII, Part 8

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


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In Council.


PHILADELPHIA, Wednesday, August 17th, 1779.


PRESENT :


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


Mr. Hart, Mr. Mackey,


Mr. Hambright, and Mr. Urie.


A Letter from Mr. Holker was read, requesting an opportunity to communicate his powers, &ca.


Ordered, That Thursday, Eleven O'Clock, be appointed for that purpose.


A resolution of Congress, dated the Fourteenth Instant, was laid before the Board, requesting Two hundred Militia to be stationed at Sunbury, to protect the Stores, and preserve the Communication with General Sullivan's Army.


Ordered, That the same be Communicated to the Lieutenants of Lancaster and Cumberland, from whence Militia were lately ordered.


A Letter from the Honourable the Chief Justice was also read, containing his Sentiments on the Case of Persons who have left this State, and have been lately taken in Arms against it, referred to him on the Eleventh Instant, by which it appears that all those


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who did not, on the Eleventh of February, 1777, or since, owe any allegiance, are to be deemed Prisoners of War; But that those falling within that description, may be proceeded against as Traitors, on the act of Assembly entitled "An Act for Establishing Courts of Admiralty ;" which opinion is ordered to be filed.


A Letter from David Harris, Prothonotary of Northumberland, Signifying his intention to reside in the country.


An Application from Benjamin G. Eyre, Mr. Turnbull and others, for leave to Search the River for Wrecks.


Ordered, To be Considered farther To-morrow.


A Letter from James Thompson, Esqr., Member of this Board, was also read, advising of some farther Purchases of Flour.


A Circular Letter from the Honourable the President of Con- gress was read, advising of a large reinforcement hourly expected by the Enemy at New York; That our Allies were much concerned at the langour and slowness of our preparations for the Campaign; recommending immediate and Vigorous Operations, more especially by filling up our Battalions, and having the Militia ready to March at the shortest Warning, it being highly probable they will soon be called forth to act offensively.


In the above Letter was also inclosed an Act of Congress re- specting John Douglas, late Commander of a Privateer out of this Port, who, having been Condemned to pay a large Sum of Money to some subjects of his Most Christian Majesty, has absconded.


A Petition of Susanna Simmons to pass to New York, was also read, but not being recommended by any Person known to the Board, the same was not granted.


A Petition of the like nature from Mary Cussans, not granted for the same reason.


An Application from Michael Huffnagle, Esquire, of Westmore- land County, recommended by Mr. Scott and Mr. Reading, praying that he may be allowed for his services in raising Two Companies of Rangers, agreeable to the direction of General McIntosh.


Resolved, That this Board will favour the said application, and recommend the same to the Board of War, it appearing from the Circumstances Disclosed to be a Continental Concern.


A representation of the distressed state of Westmoreland by the said Mr. Reading was also read, and shewing reasons for allowing the Inhabitants Pay and rations while embodied for the support of the Frontiers.


Ordered, That the same be laid before the General Assembly at their next Sessions, as proper for their consideration.


A Petition of Myer Hart, of Easton, Complaining of the Sheriff of the County of Northampton not Executing process directed to him by the Justices to remove a Tenant from his possession.


Ordered, That the Petition be referred to the Courts of Law for his remedy in this case.


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In Council.


PHILADELPHIA, Wednesday, August 18th, 1779.


PRESENT :


His Excellency JOSEPH REED, Esquire, President.


Honourable GEORGE BRYAN, Esquire, Vice President.


Mr. Hart, Mr. Mackey,


Mr. Hambright, and Mr. Urie.


Resolved, On Consideration of the resolve of Congress received yesterday, that so much of the resolution of this Board of the Second Instant as requires the Lieutenants of Lancaster and Cum- berland to proceed to a Second Class, if the First did not furnish Three hundred Men, be Countermanded and repealed, and that only one Class from each be called forth.


A Petition of Andrew Sponseller, Convicted in the Court of Quarter Sessions for York County of Two Felonies, praying a re- mission of the Punishment. The record of the Court and recom- mendations of the Justices being also read, and the same Con- sidered. The petition was rejected.


A Petition of James McKee, representing that the Estate ad- vertised by the Agents of Lancaster County as the Estate of Alexander McKee, an attainted Traitor, is the property of the Petitioner, and praying time to make good his Claim, which he has not hitherto been able to do by reason of sickness; And also pray- ing that the Sale now Advertised on the Twenty-Fourth Instant, may be postponed till the Sitting of the Supreme Court ; and having produced Sundry affidavits to prove the said fact,


Resolved, That the Agents for Lancaster County be directed to Postpone the Sale of the said Estate until after the next Supreme Court, at which time the Sale do proceed, unless the Claimants sup- port their Claim agreeably to Law.


A Letter from Charles Hall, Esquire, setting forth that one John Donnelly was convicted at the General Quarter Sessions of Lancas- ter county, for felony ; that he belongs to Count Pulaski's Corps, and is unable to pay the ffine for which he is now confined; but the record of the Judgment not having accompanied the Letter, agree- able to a rule of this Board, it was not farther considered.


An order was drawn on the Treasurer in favour of Mr. William Turnbull, Agent for the purchase of Flour for the use of the State, for thirty thousand pounds, for the purpose aforesaid, for which he is accountable.


The application of Benjamin G. Eyre, and others, to Weigh the Wrecks and search the River for Sunken Goods, being again con- sidered,


Ordered, That the Petitioners have the liberty desired, on the "Terms as Persons who have obtained former permissions, vizt : al- lowing the State one-fourth.


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SUPREME EXECUTIVE COUNCIL.


The Honourable Mr. Thompson having informed this Board that agreeable to desire he had purchased about one hundred barrells of Flour for the use of the State, and requested Money may be sent him therefor.


Resolved, That an order do issue to Mr. Francis Bayley on the Treasurer, for the sum of Five thousand pounds, to be forwarded by him to Mr. Thompson as soon as possible.


The Petition of Elinor Kirchenschlaeger was read, setting forth that having been delivered of a Bastard Child, and the reputed Father having absconded, by which his Securities became liable, and have paid Two hundred pounds, the sum in which they were bound, to the Clerk of the Court, and praying that a part of it may be granted to enable her to support the child ; the Justices of the Court having also recommended the same, and this Board hav- ing considered thereof,


Resolved, That the Money requested being now the property of the State, this Board have not authority to appropriate the same in the manner desired ; therefore the said Petition was rejected.


In Council.


PHILADELPHIA, Thursday, August 19th, 1779.


PRESENT :


His Excellency JOSEPH REED, Esquire, President.


Honourable GEORGE BRYAN, Esquire Vice President.


Mr. Hart,


Mr. Hambright, and


Mr. Mackey,


Mr. Urie.


Mr. Read,


The Hononrable Mr. Searle, of the Marine Committee of Con- gress, represents that Flour sufficient to fill up the vessels taking in Beef and Flour for the French Fleet, as allowed to be exported by Minute of July the thirty-first last, cannot be conveniently pro- cured, and asks that ship-bread instead of part of the One thousand Barrells of Flour permitted, may be laden.


On consideration, the Council agree that ship-bread may be ex- ported instead of Four within the extent of One thousand Barrells, as aforesaid.


The Memorial of Sarah Growden, Widow of Lawrence Growden, Esquire, late of Bucks county, deceased, setting forth that her claim to an Annuity by Will, charged on the decedent's real estate, and her right of Dower, had been allowed by the Judges of the Su- preme Court, and that an order of valuation of said Growden's real es- tate, made with intent to sett out to her a part of said Estate, in Satis- faction of the same Claim and Dower during her life ; said Memo-


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rial being accompanied with a paper said to be a Copy of the return of said order, praying that Three tracts of Land lying in Bucks county, supposed to be nearly equivalent to her said Claim, may not be sold on Monday the Twenty-third Instant, as advertised by the Agents for Forfieted Estates, untill the said Judges may meet and Decree in the Premisses.


On consideration, Council direct Mr. Wall, Agent for Forfieted Estates in Bucks county, to adjourn the sale of said Three Tracts named Belmont, Richlieu and Kingsplace, untill the end of the next Term of the Supreme Court.


A Petition of Andrew Right, praying leave to go to Scotland, which was granted, on giving security agreeable to the rule estab- lished by this Board.


A Memorial from Mr. Thompson, Pay Master and Mustermaster to the Rangers, praying Cloathing from the State store.


Ordered, That he be permitted the same benefits in this respect as the Officers of that Corps ; the Power of this Board not extend- ing farther.


A Petition from Catherine Ebert, to pass to New York to recover her Patrimony, recommended by the Honourable Mr. Muhlen- berg.


Resolved, That she have permission, giving Security in Five bun- dred pounds, not to return without leave.


A Letter from the Honourable the Sieur Gerard, inclosing a copy of his Commission as Consul General, in order that the same may be registered by the Secretary, which being read ; were


Ordered, To be filed.


An order was drawn on the Treasurer in favour of John Thomp- son, Master and Paymaster of the Rangers raised by order of Con- gress, in March last, or his order, for the sum of Six thousand pounds, for paying the said Rangers, for which he is to account.


An order was drawn on the Treasurer in favour of Mr. William Tricket, for the sum of fifty-six pounds four shillings, the amount of his two accounts for two, reams of Paper and Sundries.


In Council.


PHILADELPHIA, August 20th, 1779.


PRESENT :


As yesterday.


The Petition of Michael Teter, a disabled Soldier, being laid be- fore the Board, and the Laws of the State being considered, it ap- pears that a disabled Soldier, who is thereby become incapable of getting a livelihood, shall receive during his life, or the continu- ance of such disability, the one-half of his Monthly pay and half rations. And in order to avail himself thereof, he is to make ap-


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SUPREME EXECUTIVE COUNCIL.


plication to a Justice of the Peace, and produce a Certificate from the commanding officer of his corps at the time he became disa- bled, setting forth the Name, Rank, Regiment, and Company to which such disabled persons belonged, the nature of his disability, the time and circumstances thereof. And then the said Justice is to call two reputable Freeholders of the neighbourhood, who shall carefully Inspect the said certificate, the state and condition of the Person so applying, and the same being found Genuine, the said majestrate and Freeholders shall adjust and settle the Monthly pay which the Bearer of such Certificate is entitled to, not exceeding half pay and half rations. And the Justice of the Peace and Free- holders are then to Transmit the original certificate and order to the Recorder of the county, to be registered in a Book. The Treasurer of the State Tax, to whom such Certificate so sealed is shewn, is then to pay Monthly the sum therein directed. And the Recorder at every Quarter Sessions is to have the original certifi- cates and orders by them filed, and deliver the same to the Treasu- rer, who shall keep them as vouchers to his account with the Com- mittee of Assembly, and within sixty days after Transmit a fair and regular report to the Secretary of Congress or Board of War. No pensioner is to assign his Pension for any consideration, except Maintaining the Pensioner during his life; and all such contracts to be made before a Justice of the Peace and Overseers of the poor, and security given ; Wherefore,


Resolved, That a copy of the above be delivered the Petitioner, and he be desired to pursue the course therein prescribed, as the proper mode to obtain suitable and lasting relief.


The Petition of Susanna Simmons, to pass to New York, was read, and the Petitioner being recommended by several Gentlemen of Character, a pass was ordered, on giving security not to re- turn.


The Petition of Elizabeth Stewart, to pass to New York, was read, and Petitioner being recommended as above, a pass was or- dered, on giving security not to return.


In Council.


PHILADELPHIA, Saturday, 21st August, 1779. PRESENT : His Excellency JOSEPH REED, Esquire, President. Honourable GEORGE BRYAN, Esquire, Vice President.


Mr. Mackey, Mr. Hambright, and Mr. Urie.


Mr. Hart,


An order was drawn on the Treasurer in favour of the Honour- ble George Bryan, Esquire, Vice President, for the sum of Five hundred pounds, in part of his salary, for which he is to account.


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An order was drawn on the Treasurer in favour of his Excel- lency the President, for the sum of five hundred pounds, in part of his salary, for which he is to account.


The Petition of John Rein, attainted of High Treason, praying some indulgence with respect to the Estate,


Resolved, That the Conduct and Circumstances of the Petitioner do not entitle him to any indulgence from this Board; therefore, the Petition is rejected.


A Petition from Reynold Keen, praying that the sale of his Es- tate may be postponed, for the reasons therein set forth,


Ordered, That the same be considered on Tuesday next.


A Petition from Captain McGinley, praying that he may be al- lowed Eight Dollars # day for his company while in Garrison, was read, and also a representation of Colonel Bull's thereon.


Resolved, That Colonel Hart and Mr. Mackey be a committee of this Board to hear the matter, and make report.


A Letter wrote to the Justices of the city, in answer to their application respecting the Nuisances of the Markett.


In Council.


PHILADELPHIA, Monday, 23d August, 1779.


PRESENT :


His Excellency JOSEPH REED, Esquire, President.


Honourable Mr. Hart, Mr. Hambright, and


Mr. Mackey,


Mr. Urie.


Mr. Reed,


A Letter was read from the President of Congress, dated the Twenty-second Instant, informing this Board that the Honourable the Sieur Gerard had laid before Congress a Commission from his Most Christian Majesty, appointing him Consul-General of France in the United States of America, with power to appoint Consuls and Vice Consuls, and that in virtue thereof he had, on the fif- teenth of July, one thousand seven hundred and seventy-eight, ap- pointed the Seiur John Holker Inspector General of the commerce and Manufactures of France, to be Consul in the Ports of this State ; and that on the Nineteenth of September, one thousand seven hundred and seventy-eight, he did appoint the Seiur Martin Oster to be Vice Consul of France in the said Ports. All which had been made known and approved by Congress, and the said commissions Registered in the Secretary's Office.


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SUPREME EXECUTIVE COUNCIL.


Soon after which the said Consul and Vice Consul were introdu- ced to this Board and produced the several appointments, which being read, were approved by the Board ; Whereupon,


Resolved, That the Minute be published, and that all officers, Civil and Military, and all other the Faithfull Inhabitants of this State, and others, be and they are hereby directed to respect the said officers accordingly.


A Letter from Colonel Broadhead, dated August 3d, 1779, with sundry inclosures respecting the Frontiers, was read; and


Ordered, To be communicated to Congress.


A Petition from Mary Cussans, was read, praying, for the rea- sons therein given, she may be permitted to go into New York.


A Like Petition from Mery Gunnerson was read and granted ; they giving security in Five hundred pounds each, not to return to this State without permission.


A Petition from Ernst Ludowick Baish, praying a passport to go to St. Eustatia, and from thence to Germany, on private Busi- ness.


Ordered, That the same be granted.


Samuel Williamson, late Chaplain to the Regiment of Dragoons commanded by Colonel Moylan, being about to go to Europe to prosecute his studies, and desirous to have some Testimonial from this Board, and the President having personal knowledge of the said Mr. Williamson,


Ordered, That a certificate be made out under the Lesser Seal of the State, certifying the office and service of the said Mr. Wil- liamson, and recommending him to the kindness and notice of the Civil and Military officers of any State to which he may go, in amity with these States.


The Honourable Francis Hopkinson, Esquire, having on account of his Public office under Congress, by which a great number of Publick Papers, Money, and other things, are in his custody, request- ed that the sale of the house he now lives in, confiscated to the use of the State, may be postponed 'till he can be accommodated,


Ordered, That the Agents for forfieted Estates be directed to postpone the sale thereof 'till Mr. Hopkinson can provide himself, not exceeding three months.


A Petition of John Marshall, proposing to set up a Manufactory of Thread, was read.


Ordered, That the Petitioner be informed the Establishing of Publick Manufactories has been found Inconvenient. That this Board will give him any Private encouragement, but cannot assist him otherwise.


VOL. XII .- 6.


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MINUTES OF THE


In Council.


PHILADELPHIA, Tuesday, August 24th, 1779.


PRESENT :


His Excellency JOSEPH REED, Esquire, President.


Honourable Mr. Hart,, Mr. Read, and


Mr. Mackey,


Mr. Urie.


Mr. Searle, one of the Delegates of this State in Congress, hav- ing laid before this Board an act of that Honourable Body, by which they have recommended the continuence of the embargo on Provisions, which will, by the Law of this State, expire on the first of September,


Resolved, That by virtue of the Constitutional powers vested in this Board, the embargo be continued to the Twentieth day of Sep- tember next, by which time the Honourable the General Assembly of the State will meet and have an opportunity to take the said re- commendation into consideration,


And that a Proclamation do issue for the continuance of the said Embargo to the Twentieth of September next, accordingly.


Resolved, That the above be Published immediately, for the In -- formation of the Trading Interest.


A Petition from John Rankin, of York county, setting forth that he holds a part of the confiscated Estate of James Rankin, of said county, under certain articles and covenants; that his claim is of such a nature as cannot be settled in the usual mode before the Justices of the Supreme Court, and praying. that persons may be appointed to Liquidate and adjust the same previous thereto .; Whereupoz,


The same being considered, it is-


Resolved, That the Agents for confiscated Estates in York coun- ty do nominate suitable persons for the above purpose, and that the Petitioner be directed to lay his demands and proofs before them, and an adjustment being made, he be advised to adopt the same as his claim, and present it to the Justices of the Supreme court for their allowance; and that it is the opinion of the Board that the expenses attending it shou'd be defrayed, one-half by the State, and the other half by the Petitioner; and it appearing by the said Pe- tition that the said Covenants do not affect the Title, the Agents are directed to procced in the sale with all convenient dispatch.


A petition of John Egan, praying to be removed from his present service under Captain Martin, in the State Navy, to some other Vessell.


Ordered, That the said Petition be sent to Captain Boys, who is directed to do what is proper therein


A Letter from the Sheriff of York County was read, inclosing one hundred and seventy-six pounds, collected as Fines in said


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SUPREME EXECUTIVE COUNCIL.


County, and sent down in consequence of some misunderstanding between the Prothonotary and him.


Resolved, That William Mitchell, Esquire, the bearer of the said Letter, be directed to pay the same Money to the State Trea- surer.


1


In Council.


PHILADELPHIA, August 25th, 1779.


PRESENT :


His Excellency JOSEPH REED, Esquire, President.


Honourable Mr. Hart, Mr. Hambright, and


Mr. Mackey, Mr. Urie.


Colonel Hart and Mr. Mackey having made a report of the mat- ter referred to them between Colonel Bull and Captain McGinley, and it appearing that Carpenters and other Mechanicks who have worked at the Fortifications have been satisfied with Philadelphia Price, deducting the value of the diet; that the charges are made at the highest rates given for Continental Service, and that if this allowance shou'd be made, all the other Workmen will not only claim it in future, but also for what is past.


Resolved, That it is the opinion of the Board that there cannot be any difference made between Persons employed in similar ser- vice, and equally deserving. And that Colonel Bull do therefore settle the account on Terms equally advantageous as any other per- sons whatever, but not farther.


An order was drawn on the Treasurer in favour of John Ham- bright, Esquire, for the sum of six thousand pounds, to be forward- ed by him to Thomas Jordan, Paymaster of Militia for Northum- berland County, for which said Jordan is to be accountable.


A Petition having been some time ago presented by Joseph Greswold, in favour of his father, attainted, and praying a Pardon, on the circumstances suggested in the said Petition, the same was sent to Captain Heysham, requesting that he wou'd make enquiry into the circumstances, and report thereon ; which being now done, and it appearing that Joseph Greswold the Elder, has been a resi- dent of this State, paid Taxes as such, and is also a Person of dis- affected character,


Resolved, That the prayer of the Petition be not granted.


An application being made by Captain William Armstrong for the sum of five thousand pounds, an order was drawn on the Trea- surer in his favour for the said sum, for paying the Workmen em- ployed at Mud Island and Billingsport, for which he is to ac- count.


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Information having been given to this Board that there are Quantities of Wheat in several Mills about Lancaster, and the same being now much wanted for the use of the State,


Resolved, That William Henry, of Lancaster, be requested to purchase the same, and cause it to be Manufactured into Merchant- able Flour, fit for exportation, and that this Board will supply him with Moneys therefor, from time to time, as occasion may re- quire.


Resolved, That Christopher Marshall, Esquire, of Lancaster, be requested to assist Mr. Henry in procuring the said Wheat, and that it be recommended to the said Gentlemen, in case any difficul- ties are made therein, to impress the same agreeable to the Laws of the State; and that the said Gentlemen be acquainted, that it being designed to have the returns of the said Flour in Salt, for Publick use, they will inform the Board, in case any wheat or Flour shou'd be procured out of said County, in order that on a distribu- tion of the Salt, due regard be paid to the Persons and counties from whom the Flour and Wheat is procured.


,


In Council.


PHILADELPHIA, August 26th, 1779.


PRESENT :


His Excellency JOSEPH REED, Esquire, President.


Honourable Mr. Hart, Mr. Hambright, and


Mr. Mackey, Mr. Read,


Mr. Urie.


Sundry Letters from Colonel Broadhead to the Board of War, and communicated by them, were read.


Also, a Letter from Colonel Hubley, dated fourteenth of August, giving an account of the Transactions of the Army under General Sullivan.


Mr. Nixon and Mr. Fuller, auditors of accounts, attended the Board, and gave a Narrative of their proceedings with Mr. Savadge, ond also brought with them the Deeds of the Land purchased then for the use of the State.


Ordered, That the same be kept, and the state of the Salt works be communicated to the Honourable the General Assembly.


A Letter from the President of Congress, inclosing a resolution of that Body, recommending a Provision to be made for the officers and soldiers of the Army, and also for the Widows and children of those who have fallen in the Contest.


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SUPREME EXECUTIVE COUNCIL.


The following Persons were Prisoners in the Goal of this City, having Petitioned to go on Board the Confederacy Frigate; and the Board taking the same into consideration,


Resolved, That a free Pardon be made out for them for the Fines due to the State, upon the Condition of their serving the United States.


And an order was drawn to the Goaler to deliver them to Cap- tain Hardy, of the said ship, with this Condition, that the State be at no expence whatever on their account.




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