USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XIII > Part 17
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3. That the said officers being, by the unfair practice aforesaid, deceived, met the General again the next morning, upon like invi- tation, at his quarters, and wishing to support the ticket which they were led to believe had been agreed upon by their friends as aforesaid, subscribed a written agreement, drawn up by Major Hanna, to support the said ticket by their votes and those of their men, so far as should be in their power.
4. That the plan being thus agreed on, General Lacey desired . the said officers to apply to him by an address, in writing, for lib- erty to go to the said election, which was accordingly done, and the permission granted, and the Clerks of the different companies, to- gether with Major Bayard, Mr. Strickman, Mr. Redman, Andrew Coxe, and many others, unknown, were called upon by the Gene- ral's Aid-du-Camp to repair to his quarters, to write a sufficient number of tickets, to be delivered to the men at or near the elec- tion ground, except that the name of a certain gentleman, against whom the body of the officers objected, was left out.
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5. That the matters being thus prepared, General Lacey, in or- der the more effectually to secure the success thereof, issued his General Orders on the seventh day of October last, the substance of which is contained in the petitions now depending before this House, and a true copy whereof will be exhibited, and which could not have been better calculated to prevent the above mentioned de- ception from being detected till after voting.
6. That upon the eighth day of October, a part of the militia marched, under the command of Colonel Bitting, for Wentz's tav- ern, and the remainder of them under Colonel Mc Veaugb, to Ger- mantown, at which places the said elections were held ; and before their arrival there the said tickets were delivered them by the said Colonels, and by their orders; and although most of the said offi- cers shewed a disposition favorable to liberty and to the rights of · the people, yet being under military law and rigid military orders, they had it not in their power, without disobedience of orders and the dangers of subjecting themselves to military punishments, to allow the men time, opportunity, or the necessary convenience of detecting the said deception, by consulting with their friends, or of learning what ticket had been agreed upon by them at Naff's, or who were proposed as candidates, or of acting and judging like freemen, as they ought to have done.
7. That Colonel McVeaugh, through a sense of his duty as an officer, which, from the extraordinary nature of his orders, was un- fortunately opposed to his duty as a citizen, marched his men to the election ground in their ranks, with drums beating and colours flying, under the command of himself and his said officers, with their swords drawn, in all the display of military parade, and not finding the election opened, from the same sense of duty, marched them to a distance, and there kept them separated from the body of their friends till they marched in companies (except Erwin's company, which he dismissed) to the election ground, and voted in that manner, without being at all examined as to their qualifica- tions, and it was not till then they were allowed refreshment, of which they stood in great need. That the battalion under the com- mand of Colonel Mc Veaugh, had their said tickets delivered them at Jenkinstown, by his orders; and although they were told they should have an hour to alter them, yet only a part of them, by a tender regard of their officers, could procure pen, ink, or paper, that they were obliged to march before the expiration of the said hour, before they could consult with their friends, and even this time was not industriously employed, as they expected to have full time and opportunity at Germantown, as of right they ought, but which the Colonel, from the nature of his orders, was obliged to refuse them.
8th. That Adjutant Barlet, of Colonel Bitting's battalion, deliv- ered bundles of the said tickets to the said officers and men near the election ground, and they were afforded neither sufficient time
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nor opportunity to alter them, that they marched to the election ground, and after drawing up before the door, left their ranks man by man to give in their said tickets.
9. That on their march from Newtown to the election ground, Colonel Bitting told the men they must give in the said tickets, and upon their shewing their disapprobation thereof, he said every man who refused was a tory and he would whip him.
10. That at Germantown Colonel McVeaugh with his drawn sword, and Major Hanna, ordered the men in a military manner to keep in their ranks and not to speak to any body, and when some of them attempted to get drink or to rest themselves, they were by the same officers, and by Captains Beck, Lewellen, Young, a Sub-licu- tenant, and many other officers, ordered back and were obliged to obey.
11. That when John Shubert, who had been sick, and left Captain . Erwin's company for a time, and returned with a number of tick- ets which the men of the said company gladly accepted and gave in, he was reprimanded by Colonel M'Veaugh for so doing.
12. That when Phineas Roberts, who had two sons and a son- in-law in the militia, who had been ordered into Jersey upon duty. attempted to speak to them in the ranks relative to their welfare, at the request of their wives and families, he was reprimanded by Major Hanna and another officer, whose name is unknown, for so doing, and was told he had no business to speak to the men or to attempt biassing their minds.
13, That Phineas Roberts, Daniel Rees, Adam Whartman, George Cossinger, Michael Whitmar, and many others qualified to vote, re- turned without voting at all, by reason of there being no freedom of election.
14. That James Fulton, an Inspector at Germantown, after re- ceiving two tickets and the electors had retired, opened, read, and tore them to pieces.
15. That at Germantown there were four boxes to put the tick- ets in and only four Clerks, namely : Archibald Engle, Mr. Oliver, Mr. Norton, and Mr. McNet, who could, therefore, be no check upon each other, and who were not under oath.
16. That at Germantown Major Bethel, Captain Ashmead, and Captain Nice, who were no officers of the election, acted as Inspectors, while two of the Inspectors, whose names are unknown, were asleep, and the said Bethel, Nice, and Ashmead, counted all the tickets contained in one of the boxes, to the amount of near two hundred, without being on oath.
17. That a large bundle of tickets was delivered by Captain Hazlet, an Inspector at Germantown, out of his box to Mr. Engle, to call out, which he did, though he was not an Inspector.
18. That the election at Wentz's was not opened till near four o'clock, although by law it ought to have been done before two o'clock.
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19. That at Wentz's many of the Inspectors did not stay till the tickets were counted, and that Andrew Knox, Esquire, who acted in the double capacity of Deputy of the Sheriff and as Judge of the election, also acted as Inspector, without really being such, de- livered the tickets of the box for a time and called out the names, and then desired Jacob Linld, who was not an Inspector, or under oath, to do for him, which he did ; that Mr. Linld said as the tick- ets appeared to be all camp tickets he might as well lump them, and did so, without calling out the names, to the amount of upwards of seventy, and Mr. Knox did not return until the business was ended.
20. That at Wentz's, Henry Giger, an Inspector, admitted Jacob Strechler to give in his vote, although he was under age and well known to the Inspector.
21. That at Germantown, Jacob Ashton, an Inspector, did, with- out asking a single question, receive the votes of Daniel Delany and Simon Ramston, two apprentice lads under twenty-one years of age and well known to the said Inspector.
22nd. That at the election at Wentz's, Colonel Bitting finding some of his men were altering the tickets, reprimanded and abused them therefor, tore the tickets they were getting, to pieces, and ordered his clerks to write new ones.
23. That John Whitman, upon being desired by his father at the election at Wentz's, to let him see his ticket, was told by his Lieutenant, Adam Gilbert, that if he or any of the men did not pass the tickets they had delivered them, they would be ill-treated and despised when they got to camp, upon which the said John, not daring to alter his ticket, did not vote at all.
Signed NATHANIEL FALCONER, JACOB S. HOWELL, JOSEPH COWPERTHWAITE.
Mr. Rush opened the cause on the part of the complainants, resting the complaint upon two general grounds, vizt : The irregu- larities of the time and manner of holding the election ; and the military authority made use of on that occasion by General Lacey and the officers under his command.
Mr. Lewis spoke to the importance of the right of election and the undue influence used, the combination for influencing them, and to the irregularities of holding the election ; and having spoken four hours, the Council postponed the order of the day till ten- o'clock to-morrow morning.
On consideration,
Resolved, That Owen Biddle, Esquire, be appointed one of the Commissioners for running the boundary line between this State and the State of Virginia.
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SUPREME EXECUTIVE COUNCIL.
In Council.
PHILADELPHIA, Tuesday, February 12th, 1782.
PRESENT :
His Excellency the President.
The Honorable the Vice President.
Mr. Gardner,
Mr. Van Campen,
Mr. Levan, and Mr. Bayard.
An order was drawn on the Treasurer in favor of the Honorable Robert Morris, Esquire, for the sum of thirty thousand pounds specie, in part of the supplies required by Congress of this State, . for which he is to be accountable, the same to be charged to the United States of America.
An order was drawn on the Treasurer in favor of Mr. Francis Bailey, for the sum of twenty-two pounds ten shillings specie, for thirty ream of paper for printing the laws of the Commonwealth.
An order was drawn on the Treasurer in favor of Colonel Robert Levers, Lieutenant of the county of Northampton, or his order, . for the sum of twenty-two pounds ten shillings State money, of the seventh of April, 1782, for supplying Captain Christie, Lieu- tenant Pentegrew, and recruits stationed at Easton, for which he is to account.
The following deeds were examined and signed by his Excellency William Moore, Esquire, President, for sundry lots in the city of Philadelphia, sold for the redemption of the bills of credit of the twenty-ninth of April, 1780, marked in the general plan of city lots as follows, vizt :
To William Graham, for lots numbered from 1269 to 1274 .- Consideration two hundred and sixty-two pounds.
To the same person, for lots numbered from 1065 to 1069. Con- sideration one hundred and fifty-one pounds.
To William Harris, for lot No. 1310. Consideration thirty-one pounds.
To the same person, for lots No. 1188 & 1189. Consideration eighty-one pounds.
To George Honey, Jun'r, for lots No. 1632, 1633, and 1634 .- Consideration eighty-four pounds.
To Redman Byrne, for lots numbered from 1601 to 1610, inclu- sive. Consideration three hundred and four pounds.
All which sums the persons above mentioned have paid into the hands of the Treasurer of the State. Deeds dated the 12th day of February, 1782.
The Council resumed the consideration of the Philadelphia county election ; and thereupon,
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Mr. Lewis was directed to proceed in his arguments in support of the petition against the said clection; and he finished at twelve o'clock.
Mr. Rush, his colleague, then rose, and having spoken till half past one o'clock, the further hearing was postponed till ten o'clock to-morrow morning.
In Council.
PHILADELPHIA, Wednesday, February 13th, 1782.
PRESENT :
His Excellency the President.
The Honorable the Vice President ..
Mr. Gardner,
Mr. Hayes, and
Mr. Van Campen,
Mr. Pentecoast.
Mr. Piper,
Ordered, That the State Treasurer be directed to repay the monies borrowed under the resolution of Council of August the 4th, 1780, agreeably to the terms expressed therein. Those who lent Continental money to be repaid agreeably to the depreciation fixed by act of General Assembly passed the 3d of April, 1781.
Ordered, That the foregoing resolution be published.
The Council resumed the consideration of the Philadelphia county election ; and thereupon,
Mr. Ingersoll rose as counsel in behalf of the said election ; and having spoken from half past ten till two o'clock, the Council ad- journed till four o'clock in the afternoon.
·
The Council met.
4 o'clock, Wednesday, February 13, 1782. PRESENT :
As in the forenoon.
The Council resumed the consideration of the Philadelphia county election ; whereupon,
Mr. Sergeant, one of the counsel on the part of the election, moved that the further hearing in the case of the said election be postponed till to-morrow at ten o'clock, alleging that Mr. Ingersoll is so indisposed as not to be able to proceed ; and thereupon,
Ordered, That the further hearing be postponed till to-morrow morning at ten o'clock.
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SUPREME EXECUTIVE COUNCIL.
A circular letter from the Honorable Robert Morris, Esquire, Superintendent of Finance, of the thirteenth instant, recommend- ing to the several States to exert themselves in procuring the sup- plies required by Congress so as to enable the army under the command of his Excellency General Washington, to take the field as early as possible the ensuing' campaign, was read ; and
Ordered, To be laid before the General Assembly.
In Council.
PHILADELPHIA, Thursday, February 13, 1782.
PRESENT :
His Excellency the President.
The Honorable Mr. Gardner, Mr. Van Campen,
4
Mr. Ewing, : Mr. Piper, and
Mr. Byers, Mr. Pentecoast.
Mr. Sergeant, one of the counsel on the part of the election of Philadelphia county, attended and informed the Council that Mr. Ingersoll, his colleague, is not yet well enough to proceed in the business of the said election, and prayed Council to postpone the order of the day till ten o'clock to-morrow morning. On considera- tion,
Ordered, That the further hearing in the case of said election be postponed accordingly.
The petition of John Heiner, in behalf of Henry Heiner, con- victed upon two indictments of horse stealing, at a Court of Gene- ral Quarter Sessions held at Yorktown, in the county of York, and sentenced upon each of the said indictments, to pay to the use of the State a fine of twenty pounds, stand in the pillory one hour, be . publickly whipped, have both his ears cut off and nailed to the pillory, &c, was read, praying remission of the said corporal pun- ishment. A recommendation of divers persons in behalf of the said Henry Heiner, being also read ; thereupon,
Orderell, That the said corporal punishment be remitted, pro- vided that the said fines and the costs of prosecution be paid by the said Henry Heiner.
An order was drawn on the Treasurer in favour of Mr. James Loughead, Paymaster, for the sum of three hundred and seventy- five pounds specie, for the purpose of paying the militia of the city and liberties of Philadelphia lately called into service, for which he is to account ; the same to be charged to Colonel William Henry, Lieutenant of the said city and liberties, and to be paid out of monies arising from militia fines.
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In Council.
PHILADELPHIA, Friday, February 15th, 1782.
PRESENT :
1
His Excellency the President.
The Honorable the Vice President.
Mr. Gardner, Mr. Beyers,
Mr. Hayes, and
Mr. Pentecoast.
Mr. Piper,
The Council resumed. the consideration of the Philadelphia county election, and the counsel on the part of the petitioners against the said election and in support of the said election at- tending,
Mr. Ingersoll, in behalf of the said election, proceeded, and spoke till two o'clock, and then the further hearing was postponed till ten o'clock to-morrow morning.
.
A petition from William Smith, alias William Jones, convicted at a Court of General Quarter Sessions, held at Lancaster for the county of Lancaster, the third day of February instant, of stealing a bay gelding, the property of Edward Carter, and sentenced to be publickly whipped, stand in the pillory one hour, have both his ears cut off and nailed to the pillory ; and
A petition from George Pancake, convicted at the said court, of stealing the goods of Joshua Elder, Esquire, and sentenced to be publicly whipped, pay a fine to the State of three pounds three shillings and nine pence, make restitution of the property stolen, and pay the costs of prosecution, &c., were read, together with the records of their convictions, and a recommendation of divers per- sons in their behalf. On consideration,
Resolved, That the corporal punishment of the said William Smith be remitted, on condition of his paying the costs of prosecu- tion, and enlisting in the Pennsylvania line, without bounty, to be entitled to State emoluments at the end of the war, if he shall con- tinue so long therein.
Resolved, That the corporal punishment of the said George Pan- cake be remitted, he paying his fine, the costs of prosecution, and enlisting as aforesaid, and entitled to the said emoluments.
1
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SUPREME EXECUTIVE COUNCIL.
In Council.
PHILADELPHIA, Saturday, February the 16, 1782.
PRESENT : -
His Excellency the President.
The Honorable Mr. Gardner, Mr. Piper,
Mr. Ewing, Mr. Hayes, and
Mr. Van Campen. Mr. Pentecoast.
The Council resumed the consideration of the Philadelphia county election ; and
Mr. Ingersoll, counsel in behalf of the said election, proceeded in his arguments, and spoke from ten till two o'clock ; and then
The Council adjourned till three o'clock in the afternoon.
The Council met pursuant 'to adjournment, 3 o'clock, Saturday, P. M., February 16, 1782.
PRESENT :
As in the morning.
Mr. Ingersoll, counsel in behalf of the Philadelphia county elec- tion, continued and closed his arguments in support of the said election about half past five o'clock.
Mr. Sergeant, the colleague, then prayed the Council to postpone the further hearing till ten o'clock on Monday morning ; there- upon,
Ordered, That the further hearing in the case of the Philadel- phia county election be postponed accordingly, till ten o'clock on Monday morning. 1
In Council.
PHILADELPHIA, Monday, February 18, 1782.
PRESENT :
His Excellency the President.
The Honorable Mr. Gardner, Mr. Piper,
Mr. Ewing, Mr. Hayes, and
Mr. Van Campen, Mr. Pentecoast.
An order was drawn on the Treasurer in favor of Colonel Clement Biddle, Quarter Master General of the militia of this
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State, for the sum of three hundred and sixty pounds, for paying for sail duck for making tents for the militia, for which the said Quarter Master General is to account.
The Council resumed the consideration of the Philadelphia county election ; and thereupon,
Mr. Sergeant, counsel in behalf of the said election, next spoke, (from half past ten till three o'clock,) and then the further hearing was postponed till Wednesday at three o'clock, P. M.
On consideration,
Ordered, That the Honorable John Piper, Esquire, Bernard Dougherty, George Ashman, James Martin, and Hugh Davison, Esquires, of the county of Bedford, be appointed and commissioned to try and determine, according to the laws and customs of this Commonwealth
[Blank in Council book .* ]
now confined in the gaol of the county of Bedford, charged with having
[Blank in Council book .* ]
"Nute to the Printer.
In Council.
PHILADELPHIA, Tuesday, February 19, 1782.
PRESENT :
His Excellency the President.
The Honorable the Vice President. (now first returned from his family.)
Mr. Ewing, Mr. Van Campen,
Mr. Piper, and Mr. Byers.
An order was drawn on the 'l'reasurer in favor of Colonel Richard Humpton, for the sum of one thousand five hundred pounds specie, for the purpose of recruiting the Pennsylvania line, for which he is to account.
Mr. Wynkoop and Mr. Culbertson, a committee of the Honora- ble House of Assembly, attended and informed the Council that the House was now met and ready to receive any business the Council may have to lay before them : Whereupon,
General Ewing and Mr. Van Campen laid before the House the several papers relative to public business, which have come to hand during the recess of the House, which are as follow, vizt :
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SUPREME LAECUTIVE COUNCIL.
A letter from the President of Congress of the 6th, and resolu- tions of Congress of the 2d & 3d January, 1782, respecting seiz- ure and condemnation of British manufactures, and makeing up depreciation to Doctors Glentworth, Smith, Fallon, Duffield, and Halling.
Letter from ditto and resolutions of Congress of the 11th, ascer- taining what captures on water shall be lawful.
Letter from the Honorable Robert Morris, Esquire, of the 3rd January, 1782, on the subject of revenue, especially on the 5 per cent. impost recommended by Congress.
Ditto, of the 8th, inclosing ordinance of Congress of the 31st of December last, incorporating the subscribers to the bank, and copies of resolutions of Congress of the 26th and 31st of December last, relative to the said bank.
Letter from Matthew Clarkson, Assistant to the Secretary at War, inclosing resolutions of Congress of the 21st of December last, for appointing one or more places of rendezvous in each State for recruits until they shall join the army.
Letter from his Excellency General Washington of the twenty- second day of January, 1782, on the subject of supplies for the year 1782.
Letter from the President of Congress of the twenty-seventh of January, 1782, and resolutions of Congress of the twenty-fifth, respecting shipwrecked property and establishing a speedy mode of administering justice between the subjects of his most Christian Majesty and the citizens of these States.
Letters from the Honorable Robert Morris, Esquire, of the thir- teenth of February instant, on the subject of supplies for the year 1782.
And also a letter from the Minister of Foreign Affairs, request- ing returns from the several States of the property destroyed by the enemy.
An order was drawn on the Treasurer in favor of Mr. Peter De- haven, for the sum of five pounds five shillings, for his services in finding out and making returns of public lots possessed by private persons.
A deed was examined and signed by his Excellency William Moore, Esquire, President, to William Bailey, of Yorktown, con- veying a two story messuage and lot of ground, situate in the town of Lebanon, in the county of Lancaster : Seized as the estate late of Nicholas Houssecker, an attainted traitor, and sold agreeably to law, to the said William Bailey, for the sum of two thousand two hundred pounds certificates of depreciation, subject to one fourth of the said sum to be reduced to a yearly ground rent, payable to. the Trustees of the University of this State, the remaining three- fourths being paid to the Agents of Confiscated Estates in Lan- caster county aforesaid. Deed dated this day.
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In Council.
PHILADELPHIA, Wednesday, February 20th, 1782.
PRESENT :
His Excellency the President.
The Honorable the Vice President.
Mr. Bayard, Mr. Piper,
Mr. Gardner,
Mr. Penticoast, and
Mr. Van Campen,
Mr. Byers.
An order was drawn on the Treasurer in favor of Doctor Joseph Eaker, for the sum of twenty pounds specie, in part for his services in attending Captain Robinson's company of Rangers as a physi- cian and supplying them with medicine, for which he is to account.
A like order, in favor of his Excellency the President, for one hundred pounds specie, in part of his salary, for which he is to account.
A letter from Thomas Willing, Esquire, dated Philadelphia, the 9th of February instant, inclosing a petition stiled "The petition of the President, Directors, and company of the Bank of North America," to the Honorable the Representatives of the Freemen of Pennsylvania, in General Assembly met," the said letter requesting the said petition may be laid before the General Assembly ; and
On consideration, deferred for further consideration till to- morrow.
The Council adjourned till three o'clock in the afternoon.
The Council met.
3 o'clock P. M., Wednesday, February 20, 1782. PRESENT :
As in the morning, except Mr. Bayard.
The Council resumed the consideration of the Philadelphia county election ; and thereupon,
Jacob Rush, Esquire, for the petitioners against the said election, took up the argument in support of said petition, and spoke from half-past three till eight o'clock, and then
The Council adjourned till ten o'clock to-morrow morning.
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SUPREME EXECUTIVE COUNCIL.
In Council.
PHILADELPHIA, Thursday, February 21, 1782.
PRESENT :
As yesterday.
The Council resumed the consideration of the letter from Thomas Willing, Esquire ; & thereupon,
Ordered, That it be transmitted to the Speaker of the General Assembly, together with the said petition.
A petition from Martha Todd, praying a pass to Elizabethtown and to return, was read.
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