USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XIII > Part 19
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PRESENT :
His Excellency the President.
The Honorable the Vice President.
Mr. Bayard,
Mr. Hayes,
Mr. Gardner,
Mr. Van Campen, and
Mr. Piper,
Mr. Pentecoast.
On consideration,
Ordered, That Captain Joseph Stiles, Commissary of Military Stores, be directed to deliver three thousand flints, one hundred and fifty stand of arms, and the like number of pouches, in the fol- lowing proportions, vizt :
To the Honorable John Piper, Esquire, one thousand flints, fifty stand of arms, and fifty pouches, to be forwarded to the Lieutenant of the county of Bedford, for the use of the ranging company , raised in the said county.
To the Honorable Christopher Hayes, Esquire, one thousand flints, fifty stand of arms, and fifty pouches, to be forwarded to the Lieutenant of the county of Westmoreland, for the use of the ranging company raised in the said county.
To the Honorable Dorsey Pentecoast, Esquire, one thousand flints, fifty stand of arms, and fifty pouches, to be forwarded to the Lieutenant of the county of Washington, for the use of the rang- ing company to be raised in the said county.
Ordered, That the deficiency of powder directed to be sent to the said counties on the ninteenth of December last, be now de- livered as aforesaid, in cartridges, made up and fitted to the said muskets, for the use of the said companies.
The following orders were drawn on the Treasurer in favour of the following persons, vizt :
Captain Thomas Robeson, for the sum of two pounds eight shil- lings and nine pence specie, amount of Doctor Kennedy's bill for attendance upon said company and supplying them with medicine.
Captain Thomas Robeson, for the sum of one pound. two shillings and six pence specie, amount of Henry Davis's account for house room and firewood for sick soldiers.
William and Samuel Moore, for four pounds five shillings specie, for shoes for said company.
Joseph Keister, for three pounds ten shillings specie, for shoes for said company.
A petition from John Bollen, praying to be paid for supplying sundry officers with provisions at the time of the mutiny of the Pennsylvania line, was read, and rejected.
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A petition from Henry Wolfe, praying a pass to Elizabethtown for Mary Kessler, Elizabeth Watkees, and Kitty Watkees, was read ; and on consideration,
Ordered, That a pass be granted to the said persons.
A deed was examined and signed by his Excellency the President to William Dean, Esquire, for a lot of ground in Abington, con- taining ten acres and a quarter, bounded by Abraham T'yson's land, south fifty degrees east sixty-one perches, south forty. degrees west twenty-eight perches and five-tenths fifty· four and two-tenth perches, north twenty-six degrees east thirty perches on York road : Seized and sold agreeably to law, as the estate late of Joshua Knight, an attainted traitor, to the said William Dean, for the sum of eleven thousand six hundred pounds, Continental money, subject to the yearly rent of five bushels and eight-tenths of a bushel of good merchantable wheat, payable to the Trustees of the University of this State ; three-fourths of which sum he hath paid to the Agents of Forfeited Estates in the county of Philadelphia, the remaining one-fourth reserved for the purpose aforesaid.' Deed dated the thir- tieth of October, 1781.
In Council.
PHILADELPHIA, Wednesday, March 6th, 1782.
PRESENT :
His Excellency the President.
The Honorable the Vice President.
Mr. Van Campen, Mr. Byers,
Mr. Piper,
Mr. Ewing, and
Mr. Hayes;
Mr. Pentecoast.
A petition from Patrick M'Connell, setting forth that hath been convicted of begetting a bastard child on the body of a certain, Margaret Knight, at a Court of General Quarter Sessions held for the county of Philadelphia, the third of December, 1781, and sen- tenced by the said court to pay to the use of the State the sum of ten pounds specie, &c., and praying remission of the said fine, was . read ; and on consideration,
Ordered, That the said fine be remitted.
On consideration,
Ordered, That Captain Robeson's head quarters be at Fort Muncy ; and that the county Lieutenant of Northumberland order the necessary detachments from said county, as to him shall seem expedient ; and that the Vice President be requested to write to Colonel Hunter to have the necessary repairs made at Fort Muncy, having due regard to frugality.
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SUPREME EXECUTIVE COUNCIL.
The Council took into consideration the appointing an Ensign for the company of Rangers under the command of Captain Thomas Robeson ; and Thomas Chambers being proposed, and the ballots being taken, Thomas Chambers was unanimously elected.
Ordered, That Thomas Chambers be appointed Ensign of the said company, and commissioned accordingly.
In Council.
PHILADELPHIA, Thursday, March 7th, 1782.
PRESENT :
His Excellency the President.
The Honorable the Vice President.
Mr. Bayard, Mr. Hayes,
Mr. Ewing,
Mr. Byers, and
Mr. Van Campen,
Mr. Pentecoast.
Mr. Piper,
An order was drawn on the Treasurer in favor of the Honorable George Bryan, Esquire, for the sum of seventy five pounds specie, in part for his services as one of the Commissioners for superin- tending the sale of city lots.
The Council resumed the consideration of the appointment of an additional attorney, to appear on the part of this State in the cause respecting the pretensions of Connecticut to lands within the bounds of Pennsylvania, now pending before Congress ; and thereupon, Jonathan Dickinson Sergeant, Esquire, was appointed to the said service, &
An order was drawn on the Treasurer in favor of the said Jona- than Dickinson, Sergeant, for the sum of thirty pounds specie, as a retaining fee for his service in the said cause.
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The Council met.
Thursday, March 7th, 1782, 3 o'clock in the afternoon, agreea- bly to order of Monday last.
PRESENT :
His Excellency the President.
The Honorable the Vice President.
Mr. Gardner, Mr. Byers,
Mr. Ewing,
Mr. Hayes, and
Mr Van Campen,
Mr. Pentecoast.
Mr. Piper,
The Council resumed the consideration of the election of Phila- delphia county ; & thereupon,
Mr. Vice President moved, that the first part of the sixth charge, found in the affirmative, be considered apart from the last part of the said charge; and the motion being seconded by Doct'r Gardner, the question was put, and carried in the negative.
Moved, that those parts of the sixth charge which have been found in the affirmative, do tend to effect the validity of the elec- tion, namely, the first and last part, and the same being seconded,
Agreed to resume the consideration of the election on Saturday next, at 3 o'clock in the afternoon.
In Council.
PHILADELPHIA, Friday, March 8, 1782. PRESENT :
His Excellency the President.
Mr. Gardner,
Mr. Hayes,
Mr. Ewing,
Mr. Byers,'and
Mr. Van Campen,
Mr. Pentecoast. .
Mr. Piper,
The Honorable John Beyers, Esquire, presented to the Council the following account, vizt :
Dr. The State of Pennsylvania to John Byers, Esquire :
For attendance in Council from the twenty-seventh of December, 1781, to the eighth of March, 1782, in- clusive, 78 days, @ 7s 6 per day, - £68 5
Mileage 125 miles, (@ s6, - . -
3 2 6
£71 76
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SUPREME EXECUTIVE COUNCIL. 1
And thereupon,
An order was drawn on the Treasurer in favor of the Honorable Jobin Byers, for the sum of seventy-one pounds seven shillings specie, amount of the above account.
A return of Justices for the district of Durham and Nockamixon townships, in the county of Bucks, was received and read, by which it appears that Richard Backhouse and George M'Elroy were duly elected Justices for the said district ; thereupon,
Ordered, That Richard Backhouse, Esquire, be appointed a Justice of the Peace for the county of Bucks, and commissioned accordingly.
A return of Justices for the district containing the township of Pennsbury, East and West Bradford, Newlin and East Fallowfield, in the county of Chester, was received and read, by which it appears that Captain Joseph Luckey and Major Isaac Taylor were duly elected Justices for the said district ; thereupon,
Resolved, That Joseph Luckey and Isaac Taylor, Esquires, be - appointed Justices of the Peace for the county of Chester, and com - missioned accordingly.
The following deeds were examined and signed by his Excellency the President, for divers lots in the city of Philadelphia, marked in the general plan of city lots as follows, and sold agrecably to law, for the redemption of the bills of credit of this State of the twenty-ninth of April, 1780, vizt :
To William Milnor, for lots No. 1491, 1492, 1493, 1494, 1495, and 1496. Consideration two hundred and eight pounds.
To Edward Laskey for lots No. 1311, 1312, 1314, and 1315. Consideration one hundred and forty-nine pounds.
To Edmund Milne, for lots No. 210, 211, 212, and 213. Con- sideration five hundred and sixty-seven pounds.
To Christian Galley, for lots No. 1339, 1340, and 1341. Con- sideration one hundred pounds.
To William Sheaff, for lots numbered from 641 to 648. Con- sideration two hundred and fifteen pounds.
To Jacob Shoemaker, for lot No. 1219. Consideration forty- three pounds.
To Matthias Kecly, for lots No. 481 and 482. Consideration seventy-three pounds.
To Davis Bevan, for lots No. 1158, 1159, 1161, and 1162. Consideration two hundred and twenty-two pounds.
Which sums the above mentioned persons have paid into the hands of the Treasurer of the State, as appears by his receipts. Deeds dated the 8th of March, 1782.
Mr. Montgomery and Mr. Atlee attended in Council, and in- formed that having applied to the Delegates in Congress from the State of Connecticutt, and requested information from them re- specting a law said to have been passed by that State for raising a regiment for the defence of the western frontiers of that State, the
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said Delegates had put into their hands the said law, by which it appears that the expressions used therein are for the defence of Horse-neck, or the western frontiers; but these expressions being equivocal, Mr. Montgomery and Mr. Atlee were directed to en- deavour to obtain a more explicit declaration of the destination of the said troops. ,
A petition from George Haines, on behalf of himself and his partner, praying remission of a forfeiture on goods condemned, found on board the ship Perseverance, was read, and referred for further consideration.
On motion,
Agreed, That the Judges of the Supreme Court be requested to give their opinion, in writing, upon the following words of the twentieth section of the Constitution, vizt : " And shall have power to grant pardons and remit fines in all cases whatsoever, except in cases of impeachment, &c," as to the point, does the word fines comprehend forfeitures ?
In Council.
PHILADELPHIA, Saturday, March 9, 1782.
PRESENT :
His Excellency the President.
The Honorable Mr. Bayard, Mr. Hayes,
Mr. Gardner, Mr. Ewing, and
Mr. Byers,
Mr. Pentecoast.
Mr. Piper,
A deed was examined and signed by his Excellency the Presi- dent, to the Wardens of the city of Philadelphia, for fourteen city lots, numbered in the general plan of city lots from 1560 to 1573, and sold agreeably to law, for the redemption of the bills of credit of this State of the twenty-ninth day of April, 1780. Deed the ninth instant.
Two orders were drawn on the Treasurer in favor of Colonel Jacob Morgan, late Superintendant of the Commissioners of Pur- chase in the several counties. One for the sum of three hundred and six pounds nine shillings and seven pence halfpenny, specie. And the other for the sum of one hundred and forty-eight pounds thirteen shillings and three pence halfpenny, State money of the seventh of April, 1781, for the purpose of paying for supplies fur. nished to the army, for which sums he is to account.
An order was drawn on the Treasurer in favor of the Honorable Christopher Hayes, Esquire, for the sum of eighteen pounds fifteen shillings specie, for paying for the transportation of arms and am-
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SUPREME EXECUTIVE COUNCIL.
munition from the city to Conecocheague, for the defence of the frontiers of Bedford, Washington, and Westmoreland counties.
Ordered, That Mr. Byers and Mr. Piper be requested to attend in Council on Monday next, at ten o'clock in the forenoon, on busi- ness of importance.
A return of Justices for the district containing the townships of London Grove, New Garden, and London Britain, in the county of Chester, was received and read, by which it appears that Samuel Millar and David Mackay were duly elected Justices for the said district : Thereupon,
Resolved, That David Mackey, Esquire, be appointed a Justice of the Peace for the county of Chester, and commissioned accord- ingly.
Adjourned till ten o'clock on Monday morning.
In Council.
PHILADELPHIA, Monday, March 11, 1782.
PRESENT :
His Excellency the President.
The Honorable the Vice President.
Mr. Gardner,
Mr. Hayes,
Mr. Ewing,
Mr. Byers,
Mr. Van Campen,
Mr. Pentecoast, and
Mr. Piper,
Gen'l Lacey, (now re- turned from his family.)
A letter from the Honorable the Judges of the Supreme Court of this State, of the eleventh instant, inclosing an answer to the. case stated to them on the eighth instant, was read, and is as fol- lows, vizt :
SIR :- Inclosed, I have the honor to send to Council the opinion of Judge Bryan. and myself on the question proposed to the Judges by an act of Council of the eighth instant. It would have been more agreeable to us to have had an opportunity of consulting with our brethren, but as that was not likely to happen prior to the second of next month, and we were informed that the answer was desired as soon as was convenient, you are therefore furnished with it in its present form. By the Constitution-there is but one excep. tion to the power of pardoning by the Council, and that is on a con- viction by impeachment, where the Council are the Judges, but this cannot be pardoned but by an act of the General Assembly. The
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very exception establishes the rule that the Council can pardon in all other cases whatsoever.
I have the honor to be, with great respect, sir, your Excellency's most obedient, humble servant, THOMAS M'KEAN.
Philadelphia, March 11th, A. D., 1782.
Case stated by the Honorable the Supreme Executive Council of the State of Pennsylvania, for the opinion of the Justices of the Supreme Court :
By the twentieth section of the Constitution, the President with the Council, five of whom shall be a quorum, among other powers may " grant pardons and remit fines in all cases whatsoever, except in cases of impeachment, &c."
Question : Does the word fines comprehend forfeitures ?
Answer : The Convention who framed the Constitution of the Commonwealth of Pennsylvania had been British subjects, had lived under British laws, and at the time had in contemplation the British form of Government, and imitated it as far as they con- ceived it suitable to the circumstances of the people of the State, and therefore, made a mixed government, and divided the powers thereof into three branches, namely : the Legislative, Executive, and Judicial, briefly circumscribing the province of each, drawing the lines of partition between them, and pointing out their princi. pal powers and duties. They knew that the Executive power in in Britain was vested in the King, and the power of pardoning was wholly in the Executive there; and in conformity thereto, they have declared that " the Supreme Executive power should be vested in a President and Council," by the second section of the plan or frame of Government, and in the twentieth section, that they may grant pardons and remit fines in all cases whatsoever, &c
This being premised, we are of opinion that, though the word fines does not comprehend forfeitures, (fines for offences being sums of money which a man is to pay for any contempt or offence against the government, and forfeitures meaning the lands or goods which are lost by a conviction or attainder of treason, felony, &c., or by the breach of some law,) yet forfeitures may be remitted or restored by his Excellency the President and a quorum of the Council, by virtue of the other words " grant pardons in all cases whatsoever." For the effect of a general pardon is to make the offender a new man ; to acquit liim of all corporal penalties and forfeitures annexed to that offence for which he obtains his pardon. We say a general pardon, for the President and Council may grant an conditional pardon ; this is to extend their mercy upon what terms they please, and annex to their bounty a condition, either precedent or subse- quent, to the performance whereof the validity of the pardon will depend, and this by the common law.
THOMAS M'KEAN, GEORGE BRYAN.
Philadelphia, March 9, 1782.
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· SUPREME EXECUTIVE COUNCIL.
The Council resumed the consideration of the election of a Councillor for the county of Philadelphia.
Moved by the Vice President, that it be
Resolved, That before this Board will proceed to their final de- termination of the Philadelphia county election, the opinion of the Chief Justice and such of the Puisne Judges as are in town, be taken on such part of the charges as in the opinion of this Board are supported by the evidence; and the motion being seconded by Doctor Gardner, and some debate thereupon had, the question was put ; Whereupon,
The Council were divided, there being five yeas and five nays ; so the motion was lost.
Moved by the Honorable the Vice President,
That the yeas and nays upon the said question be taken : Where- upon the motion was unanimously agreed to.
The yeas and nays were as follows, vizt :
Yeas. Nays.
1. Vice President,
2. Doctor Gardner,
3. General Lacey,
4. Mr. Hayes, 4. Mr. Byers,
5. Mr Piper.
1. Mr. President,
2. General Ewing,
3. Mr. Van Campen,
5. Mr. Pentecoast.
And so the motion was lost.
The consideration of the election was laid over till to-morrow morning at ten o'clock.
A letter from William Thompson, dated this day, respecting a commission in Colonel Moylan's regiment, solicited by him, being read and considered,
Ordered, unanimously, That Mr. Thompson be informed that the Council do not think it necessary at present to make any new appointment in Colonel Moylan's regiment.
A letter from his Excellency General Washington, dated the fifth instant, was read; and the same relating to an extension of authority over the militia in case of a siege,
Ordered, That the same be laid before the General Assembly.
An order was drawn on the Treasurer in favor of Griffith Owen, for the sum of twenty-two pounds two shillings and six pence, balance of his account for repairing the clock.
A petition from James, M'Cullough, setting forth that he hath been convicted of horse stealing upon five several indictments at a Court of General Quarter Sessions of the Peace, held at Philadel- phia for the county of Philadelphia, the fifth day of March in- stant, and sentenced upon each of the said indictments to be pub- licly whipped, stand in the pillory one hour, have both his ears cut off and mailed to the pillory, pay the costs of prosecution, and stand committed till this sentence shall be complied with, and also to pay to the use of the State five several fines, to wit: one of
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MINUTES OF THE
› thirty pounds, two of five pounds, two of twenty pounds, specie, was read, praying remission of the said corporal punishments : A recommendation from the Justices of the said court in favor of the petitioner, being also read & considered ; thereupon,
Resolved, That the said corporal punishments be remitted, (ex- cept the pilloring and whipping ordered to be inflicted on the thir- teenth instant,) on condition that he enlist in the Pennsylvania line, to serve during the present war without bounty ; and that he be entitled to receive the State emoluments at the end of the war, if he shall so long behave himself well.
In Council.
PHILADELPHIA, Tuesday, March 12, 1782. PRESENT :
His Excellency the President.
The Honorable the Vice President.
Mr. Gardner,
Mr. Hayes,
Mr. Ewing,
Mr. Byers,
Mr. Van Campen,
Mr. Levan, and
General Lacey,
Mr. Pentecoast.
Mr. Piper,
On motion,
Agreed, that the order of the day be adjourned till four o'clock this afternoon.
On motion,
Ordered, That the matter in controversy between Samuel Lyons, Esquire, late Commissioner of Purchases for the county of Cum- berland, and Major James Smith, respecting cattle, for which the said Smith claims payment from the State, be on the part of the State, referred for adjustment to referees to be appointed by the Court of Common Pleas of the said county, and that the said Lyons be instructed to submit the same accordingly.
An order was drawn on the Treasurer in favor of his Excel- lency the President, for the sum of one hundred pounds specie, in part of his salary, for which he is to account.
An order was drawn on the Treasurer in favor of the Honorable the Vice President, for the sum of fifty pounds specie, in part of his salary, for which he is to account.
Resolved, 'That a company of Colonel Brown's battalion be drawn for the protection of the frontiers of Cumberland county, for the months of April and May, and then to be relieved by a company of Colonel Purdy's battalion, for the months of June and July.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
In the afternoon, 4 o'clock, March 12, 1782, agrecably to ad- journment.
PRESENT :
His Excellency the President.
The Honorable the Vice President.
Mr. Lacey,
Mr. Byers,
Mr. Gardner,
Mr. Piper,
Mr. Levan,
Mr. Hayes, and
Mr. Van Campen,
Mr. Pentecoast.
Mr. Ewing,
On consideration,
Resolved, That Lawrence Earb be appointed Ensign of Captain Philip Shrawder's company of Rangers, raised for the defence 'of the frontiers of the county of Northampton, and commissioned ac- cordingly.
On consideration,
Resolved, Thata company of Colonel Mitchell's battalion of mili- tia of the county of Cumberland, be drawn forth for the protection of the frontiers of Northumberland county, for the months of April and May, and then to be relieved by the company next in order, of the said Battalion, for the months of June and July ;
Ordered, That the said company be marched to the county of Northumberland, and to be under the direction of the Lieutenant of the said county.
On consideration,
Ordered, That Captain Andrew Porter be promoted to be Major of the fourth regiment of Artillery, by resolution of Congress, an- nexed to the line of Pennsylvania, vice Major Eustace, deceased ; and that Captain Isaac Craig, be promoted to be Major of the same regiment ; Major Porter's commission to bear date the next day fol- lowing the decease of Major Eustace; and Major Craig's commis- sion to bear date the day next following the date of Major Porter's commission.
The Council resumed the consideration of the election of a coun- cillor for the county of l'hiladelphia.
Doct'r Gardner presented to the Board a protest against the de- termination of Council by which a negative is put on the motion for taking the opinion of the Chief Justice and such of the Puisne Justices of the Supreme Court as are in town, &c., on the 11th in- stant;'and the protest is as follows, vizt :
Dissentient :
1. Because divers matters are set forth and inferences drawn in the specific charges touching the said election, which not being
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criminal in themselves, can only become so by the express prohibi- , tion of some municipal law or parliamentary usage, which in such case becomes law. In a cause, therefore, of such magnitude and importance, which has drawn the attention of other States, and raised so great a ferment in this; we esteem ourselves wholly in- excusable if we should refuse or neglect to obtain every informa- tion and assistance. which may enable us to decide upon law as well as facts with the utmost clearness and precision.
2. Because we apprehend the present determination will become a precedent in all future elections, and it is indispensably necessary after such objections have been offered and so fully considered, to estimate with legal accuracy how far they ought or ought not to invalidate an election, in order, that if the laws are sufficiently ex- plicit, they may in future be inforced, and if they are defective, they may be supplied and amended. But to form a decision which those skilled in the laws of the land may deem illegal, will, we clearly conceive, expose this Board to deserved censure, lay a foun- dation for future disputes in elections, occasion a great waste of public time and expenditure of public. money, both which have been so much regretted in the present instance.
3. Because, we cannot conceive it derogatory to the honor of the Board to suppose the members unpossessed of that legal knowledge necessary to determine the operation of law on facts so special and particular as those set forth in the specified charges on this elec- tion. On the other hand we know, and appeal to legal history for proof, that public bodies the most celebrated for gravity, wisdom, and Senatorial abilities, have thought it incumbent from time to time to consult persons of professional knowledge, whose station and character insured their impartiality, and gave weight and dig- nity to their decision.
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