USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XIII > Part 2
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A petition from Edward Evans and John Linnington, was read, setting forth a claim to a city lot, appurtenant to the original pur. chase of William Salway, and praying a hearing in the premises ; and the same being considered ; thereupon,
Resolved; That this Board cannot grant the prayer thereof, or direct the Attorney General to receive a declaration in ejectment for said premises, until the possesion thereof be given up to the publick, and that in failure thereof, the Wardens be directed to execute the late act of Assembly intitled " An Act for the better " support of the publick credit by an immediate sale of the lands " therein mentioned, and fully securing the purchaser thereof in " their titles, and also for preserving the common lands appurte. " nant to the city of Philadelphia and other towns in this State, " from unwarrantable encroachment," such posession being deemed and an unwarrantable usurpation of publick property.
In Council.
PHILADELPHIA, July 18th, 1781, Wednesday.
PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Lacey, Mr. Gardner, and
Mr. Cunningham,
The Hon'ble Robert Morris, Esquire, Superintendant of the Finances of the United States of America, presented to the Coun- cil an order on the Treasurer of the State in the following words, vizt :
" SIR :- According to the form and effect of sundry resolutions " of the Honourable the General Assembly of the Commonwealth " of Pennsylvania, of the twenty-fifth day of June 1781, you are " hereby required to pay or cause to be paid to Thomas Smith, Es- " quire, Continental Loan Officer, the sum of one hundred and for- "ty-six thousand two hundred and fifty pounds, being in payment " of the ballance due to the United States for four-tenths of the
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SUPREME EXECUTIVE COUNCIL.
'bills of credit to have been issued according to the resolutions of ' Congress of the eighteenth of March, 1780, for which this shall be your sufficient warrant.
Given under my hand, at Philadelphia, this fifteenth day of July, " 1781.
ROBERT MORRIS, "Superintendant of Finances.
To DAVID RITTENHOUSE, Esq'r, Treasurer."
On consideration,
Resolved, That the said draught be countersigned by his Excel- ncy the President.
A return of Justices for the township of Milford, in the county Cumberland, was read, by which it appears that Thomas Beale, Tilliam Bell, Alexander Robinson, and John Williams, were duly ected by the freeholders of the township aforesaid ; whereupon, Resolved, That Thomas Beale and William Bell, Esquires, be pointed and commissioned to be Justices of the Peace for the unty of Cumberland.
An order was drawn on the Treasurer in favour of Colonel Ja- b Morgan, for the sum of three hundred and ten pounds, one Jecie, for the purpose of procuring supplies of provisions for the my, for which he is to account as Superintendant of the Commis- ners of Purchases of the several counties.
Mr. Philip Audibert, Deputy Paymaster General of the United ates, presented to the Council an order of Congress in the follow- g words, vizt ;
r 4,000 dollars, new emission.
GENTLEMEN :- Pay to John Pierce, Paymaster General of the ited States, or his assistant, the sum of four thousand dollars, w emission, to enable him to discharge the warrant upon him for ree months pay to the invalid regiment, for which sum the said, ymaster General is to be accountable.
By order of the United States in Congress assembled, June 29th, 81. SAMUEL HUNTINGTON, President.
Passed in the Auditor General's Office, July 2nd, 1781. JAMES MILLIGAN, Auditor General.
To the Honourable the Supreme Executive Council of the Com- nwealth of Pennsylvania.
On consideration,
Ordered, That the Treasurer of the State be directed to pay the resaid draught of Congress, in favour of John Pierce, Esquire, il that the order for so doing be endorsed on the said draught, in following words, vizt :
ir £ 1,500 State m'y.
IN COUNCIL, Philadelphia, July 18th, 1781. SIR :- Pay to John Pierce, Esq'r, Pay Master General of the ited States, or to his assistant, the sum of fifteen hundred
h
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pounds of the emission of the seventh of April, 1781, agreeable to the within draught of Congress, and charge the same to the United States of America.
JOSEPH REED, President. To DAVID RITTENHOUSE, Esquire, Treasurer.
An application from A. G. Claypoole, Captain in third Pennsyl- vania regiment,appointed to receive recruits at New-Town, in the county of Bucks, requesting that provision may be made for them while they remain in that town, was read. On consideration,
Ordered, That John Hart, Esquire, of the said county, be re- quested to contract with some person to supply them, at as reasona- ble rates as can be obtained, the payment to be made in specie, which this Board will endeavour to comply with.
In Council.
PHILADELPHIA, Thursday, July 19th, 1781. PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Lacey, Mr. Gardner, and
Mr. Cunningham.
An order was drawn on the Treasurer in favour of his Excellen- cy the President, for the sum of fifty pounds, specie, in part of his salary, for which he is to account.
A letter was read from Lewis Weiss, of this day's date, respect- ing a deed drawn by him for several lots of land upon the State Island to Mr. Holker, in consequence of a purchase by Mr. Telles, and payment by Mr. Telles in the name of Mr. Holker.
On consideration of the many difficulties which will probably arise from the executing of deeds to any other than the per- son to whom it was actually struck off at vendue, and in whose name the sale was accordingly entered, agreed, that the deed can be executed to no other person than the actual purchaser at the publick sale.
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SUPREME EXECUTIVE COUNCIL.
In Council.
PHILADELPHIA, Friday, July 20th, 1781.
PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Lacey,
Mr. Cunningham.
Mr. Gardner, and
On consideration,
Resolved, That Colonel Lewis Farmer be directed to deliver to Captain David Zeigler five hundred pair of shoes, taking his receipt therefor.
A memorial was read from Samuel Preston Moore, Henry Hill and Richard Wells, representing that they are intitled to sundry lots and liberty lands, appurtenant to original purchases, in right of divers therein named, and declaring a readiness to produce the several rights therein named, before Council, at such time and man- ner as they shall be pleased to direct ; and requesting the respect- ive lots appurtenant to the said purchases may not be sold amongst others, but that the same may be laid out agreeable to the first in- tention of the grants.
Ordered, To lie on the table.
The Council taking into consideration the case of Mr. William Pollard, who has refused to pay to the Agents the monies in his hands late the property of William Price, an attainted traitor ; and thereupon,
Ordered, That the Agents for Confiscated Estates for the city of Philadelphia, be directed to lay before the Attorney General Mr. Pollard's written acknowledgment of the debt due from him to the said Price, and inquire of him whether any more summary pro- cess may be had for the recovery of the same than that directed in common cases, and if there be, to issue the same, otherwise to issue common process for the recovery of the said money, with the pen- alty, as by law directed.
WHEREAS, It appears by the accounts rendered by Archibald M'Clean, Esquire, that the sum of thirty-one pounds seventeen shillings and six pence, State money, hath been advanced by him to Major James Moore ; therefore,
Ordered, That the said Major James Moore do repay the said sum of thirty-one pounds seventeen shillings and six pence to the said Archibald M'Clean.
The Board taking consideration the resolution of the Honoura- ble House of Assembly of the twelfth day of March last, vizt :
s
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IN GENERAL ASSEMBLY, March 12th, 1781.
WHEREAS, The confederation of the United States is now hap- pily compleated, and an opportunity is thereby offered to bring to final settlement the long depending dispute between this State and that of Connecticut; therefore,
Resolved, That it be recommended to the Supreme Executive Council, to take all necessary and expeditious measures for the consideration and determination of the said dispute. agreeable to the ninth article of the Confederation of the United States.
Whereupon,
Resolved, That the following petition be presented, vizt :
To the Honorable the Congress of the United States of Ame- rica.
The petition of the President and Supreme Executive Council of the Commonwealth of Pennsylvania, humbly sheweth :
That a controversy has long subsisted between the said Common- wealth and the State of Connecticutt, respecting sundry lands lay- ing within the northern boundary of the State of Pennsylvania, and as your petitioners alleged, clearly comprehended within the limits of the charter or grant made by Charles the Second, and dated the fourth day of March, in the year of our Lord one thousand six hundred and eighty, to William Penn, Esquire, the first proprie- tary of Pennsylvania, vizt :
All that tract or part of land in America, with all the Islands therein contained, as the same is bounded on the east by Delaware river, from twelve miles distant northwards of New-Castle town unto the three-fortieth degree of northern latitude, if the said river doth extend so far, but if the said river shall not extend so far northward, then by the said river so far as it doth extend ; and from the head of the said river, the eastern bounds are to be de- termined by a meridian line to be drawn from the head of the said river unto the three and fortieth degree; the said land to extend westward five degrees in longitude, to be computed from the said eastern bounds ; and the said lands to be bounded on the north by the beginning of the three and fortieth degree of northern lattitude, and on the south by a circle drawn at twelve miles distance from New Castle northward and westward unto the beginning of the fortieth degree of northern latitude ; and then by a straight line westward to the limits of longitude above mentioned.
That by an act of Assembly passed the twenty-seventh day of November, 1779, the right and title to all and singular the premi- ses, is now become duly vested in the Commonwealth.
That certain persons calling themselves the Susquehanna com- pany, first set up a claim upon the said lands usually called the Wyoming lands. That the said claim was first patronized, and
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SUPREME EXECUTIVE COUNCIL.
afterwards adopted by the Legislature of the State of Connecticutt, and sundry settlements on said lands under the authority of said State.
That your petitioners do most expressly deny that the State of Connecticutt hath any just or lawful right claim to the premises above mentioned, or any other comprized within the limits afore- said, and do pray the Hon'ble Congress to grant them a hearing in the premises, agreeble to the ninth article of the Confederation and perpetual Union entered into by the United States of America.
In Council.
PHILADELPHIA, Saturday, July 21st, 1781. PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Lacey,
Mr. Gardner, and
Mr. Cunningham.
On consideration,
Resolved, That Alexander Smith, of the county of Lancaster, be appointed Surgeon of the company of Rangers to be raised in the county of Northumberland, and such of the militia as may be in service for the defence of the frontiers.
On consideration,
Ordered, That the Agents for Confiscated Estates in the county of Chester, be directed not to receive any money on account of the sale made by them of Hogg Island, or any part of it, on Satur- day last, the said sale being directly contrary to the orders given them by this Board; and that the agents concerned in the said sale, be ordered to attend in the Council chamber, as soon as may be, to give to the Board an account of their proceedings in that sale.
The Board taking into consideration the letters received from the Hon'ble Mr. Searle, by which it appears that unexpected embar- rassments and obstructions have impeded the designs of his mission, and Congress have reasonable prospects of a considerable supply of cloathing and military stores, which make it less necessary to involve this State in partial expense :
Resolved, That it is the sense of. this Board that Mr. Searle do return as soon as conveniently he can after the receipt of this min- ute, unless he should have actually obtained a loan of money, or entered into a positive contract for the articles enumerated in his instructions, for the completion of which his attendance should be absolutely necessary.
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A deed was examined and signed by his Excellency the Presi- dent, to John Pleini, conveying a certain tract, piece or parcel of land situate in Heidelberg township, in the county of Berks, and according to a late survey thereof, bounded and being as follows, to wit : Beginning at a small hickory tree in the line of Adam Wegerly's land ; thence by other land of Andrew Allen, now of Jacob Stahly, north forty degrees east forty-six perches and six- tenths of a perch to a post ; thence by land of George Louch north sixty-five degrees west one hundred and seventy-four perches to a post ; thence south forty degrees west three perches to a post ; thence by the said Adam Wegerly's land south fifty degrees and one-half east one hundred and sixty-eight perches and one-tenth of a perch to the place of beginning ; containing twenty-six acres and six perches, be the same more or less : Seized and sold agreeable to law, as the estate late of Andrew Allen, an attainted traitor, to the said John Pleini, for the sum of three hundred and ninety- eight pounds seven'shillings and sixpence, subject to a ground rent of eleven bushels of good merchantable wheat, payable yearly to the Trustees of the University; three-fourths of which sum he hath paid into the bands of the Agents of Confiscated Estates in the said county, the remaining one-fourth being reserved for the purpose aforesaid. Deed dated the twenty-first day of July in- stant.
In Council.
PHILADELPHIA, Monday, July 23rd, 1781. PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Lacey, 1 Mr. Gardner, and
Mr. Cunningham.
A deed was examined and signed by his Excellency the Presi- dent, to Dr. James Hutchinson, of the city of Philadelphia, prac- titioner in physick, conveying a certain messuage or tenement and plantation or tract of land situate on the river Schuylkill, in the township of the Northern Liberties, in the county of Philadelphia, and according to a late survey thereof, bounded and being as fol- lows, to wit : Beginning at a white oak tree standing by the side of the river Schuylkill aforesaid ; thence extending by land late of Samuel Shoemaker, south fifty-one degrees east fifty-six perches to a white oak tree ; thence still by the same land south forty-six de- grees thirty minutes east forty-three perches to a post standing by the side of a road or lane leading from Wissaheckon road to Schuyl- kill ;. thence along the said road or lane south sixty-one degrees
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'SUPREME EXECUTIVE COUNCIL.
thirty minutes west ninety-five perches to a post; thence by land now or late of John Macpherson north forty-eight degrees thirty minutes west sixty perches and six-tenths of a perch to the side of the river Schuylkill aforesaid ; thence up the said river the several courses thereof eighty-nine perches and five-tenths of a perch to the place of beginning ; containing forty-four aeres and one hun- dred and twenty-two perches, be the same more or less : Seized and sold agreeable to law, as the estate late of Joseph Galloway, an attainted traitor, to the said Dr. James Hutchinson, for the sum of twenty-four thousand and four hundred pounds Continental money ; subject to the yearly ground rent of ten bushels and two tenth parts 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 into the hands of the Agents of Confis- cated Estates in the said county, the remaining one-fourth being reserved for the purpose aforesaid. Deed dated the twenty-third day of July instant.
WHEREAS, This Board lately taking into consideration the state of the prisoners in the old gaol, and the dangers to which they, as well as the inhabitants of this city, might be exposed from conta- gious disorders arising from their and the narrow limits of that place of confinement, did dismiss a number who have been in long confinement, and Samuel R. Fisher having now sustained an im- prisonment of two years upon a conviction of misprision of treason, and being represented to us in a bad state of health, and that his life may be endangered by his continuance in prison during the summer months :
Resolved, That so much of the sentence as inflicts imprisonment during the war be remitted, and he be discharged from his present confinement, paying the costs and charges which have arisen on the prosecution, and that the Secretary do make out a pardon in form.
A letter from John Ord, Esquire, of the fourteenth instant, set- ting forth his intention of going into the country for the recovery of his health, and requesting that his son-in-law, Mr. William Webb, may be appointed a Notary Publick to transact the busi- ness of his office in his absence, was read ; and thereupon,
Ordered, That Mr. William Webb be appointed and commis- sioned to be a Notary Public in this State in the absence of John Ard, Esquire.
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In Council.
1
1
PHILADELPHIA, July 24th, 1781, Tuesday.
PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Lacey, Mr. Gardner, and
Mr. Cunningham.
An order was drawn on the Treasurer in favour of Captain Nathan Boys, for the sum of one hundred pounds specie, in part of his account for the pay of the officers and men employed at the Forts of Mud Island and Billingsport, for which he is to account.
On consideration,
Ordered, That David Rittenhouse, Esquire, Treasurer of the State, be directed not to receive from the Agents of Confiscated Estates in the county of Chester, any money or depreciation certifi- cates arising from the sale of Hogg Island, or any part of it.
An order was drawn on the Treasurer in favour of Colonel Lewis Farmer, for the sum of forty-five pounds specie, for the purpose of paying sundry persons employed in making up cloath- ing for the Pennsylvania troops, for which sum he is to account.
Lieutenant Colonel Mentzes laid before the Board a list of de- serters of the men inlisted for the classes for eighteen months, vizt : Thomas Jenkins, Peter Beaty, William Lowe,
Mich'l Campbell, Richard Kennedy,
James Green,
Thomas Brown, John Finney,
Richard Hackett,
George Clark, Stephen Coquil, Jacob Kremer, and
William Fisch, Philip Lunning,
James Gallaway.
Reuben Parker, Thomas Ramsey,
And thereupon,
Ordered, That Colonel Mentges be directed to advertise the said deserters in the publick newspapers, offering a reward of three pounds specie for each and every of the said deserters, upon being delivered at the barracks of this city.
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SUPREME EXECUTIVE COUNCIL.
In Council.
PHILADELPHIA, Wednesday, July 25th, 1781.
PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Lacey, Mr. Gardner, and
Mr. Cunningham.
An order was drawn on the Treasurer in favour of Colonel Lewis Nichola, for the sum of ninety-three pounds fifteen shillings, State money, dated the seventh of April last, amount of his account for his pay as Town Major from the nineteenth of February to the nineteenth of July, 1781.
An order was drawn on the Treasurer in favour of Hon'ble James Cunningham, for the sum of fifteen pounds specie, in part of his pay as a member of this Board, for which he is to account.
A letter from his Excellency Thomas Mckean, Esq'r, President of Congress, of the twenty-fifth instant, was read, inclosing reso- lutions of Congress of the twenty-third and twenty-fourth instant, for the purpose of procuring a loan of thirty thousand dollars for the distressed citizens of South Carolina and Georgia, who have been driven from their country and possessions by the enemy, and are lately arrived in this city, and also obtaining charitable dona- tions for the further relief of said sufferers.
Ordered, That the said papers be filed.
In Council.
PHILADELPHIA, Thursday, July 26th, 1781.
PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Lacey, Mr. Gardner, and
Mr. Cunningham.
On consideration,
Resolved, That Henry Osborne, and John Dutton Crimshier, Esquires, of the city of Philadelphia, be appointed and commis- sioned to be Publick Notaries for this State.
A letter from Frederick Rodfong, Esquire, of the county of Lancaster, of the twenty-fifth instant, inclosing his commission of
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MINUTES OF THE
Captain of a company of foot in the fourth battalion of militia of said county, and praying leave to resign the same, was read; and thereupon,
Resolved, That the said resignation be accepted.
A letter from the Honourable the Delegates of Pennsylvania in Congress of this day, was read, informing the Board, in answer to their letter of the twenty-third, that, in their opinion, the present is not the most proper time to prefer the petition of the Council respecting the Connecticut claim.
Ordered, That the said letter be filed.
In Council.
PHILADELPHIA, Friday, July 27th, 1781.
PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Lacey, Mr. Gardner, and
Mr. Cunningham.
An order was drawn on the Treasurer in favour of Mr. Thomas Nevell, for the sum of fifty pounds specie, for the purpose of re- pairing the State House, for which sum he is to account.
The Board taking into consideration that Samuel Quinn, lately appointed ensign of the ranging company, in the county of North- umberland, hath remained in this city longer time than is neces- sary, and there being reason to apprehend that he is transacting his private business to the neglect of the publick service ; there- fore,
Resolved, That the said Samuel Quinn's commission of Ensign be vacated.
In Council.
PHILADELPHIA, Saturday, July 28th, 1781.
PRESENT :
His Excellency the President.
Hon'ble the Vice President.
Mr. Lacey, Mr. Gardner, and
Mr. Cunningham. .
Ordered, That Commodore Hazlewood be requested to supply the officers and men of this State employed at Mud Island and
P
I
S
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SUPREME EXECUTIVE COUNCIL.
Billingsport, with rations, at the rate which he has agreed to sup- ply the Continental troops, vizt : nine pence half penny per ration, and that Captain Boys be directed to apply to Commodore Hazle- wood for rations accordingly.
On consideration of the great expence of continuing officers and men of this State employed at Mud Island and Billingsport, and the extreme difficulty of finding money to pay them,
Ordered, That Captain Boys be informed that Council mean to discharge the whole of them on the first day of September next.
Ordered, That Captain Boys do make out a return of the gal- lies, rigging, &ca., under his care.
A petition from Elizabeth Wade, praying a pass to go into New York with her daughter, was read ; and thereupon,
Ordered, That a pass be granted, on condition that she give security not to return again.
-
In Council.
PHILADELPHIA, Monday, July 30th, 1781.
PRESENT :
His Excellency the President.
Hon'ble the Vice President. Mr. Gardner, and
Mr. Cunningham.
No Council.
In Council.
PHILADELPHIA, July 31st, 1781, Tuesday.
PRESENT : 1
His Excellency the President.
Hon'ble the Vice President.
Mr. Lacey, Mr. Gardner, and
Mr. Cunningham.
A petition from William Angola, convicted of an assault and battery at the last City Court, and sentenced by the. said court to pay a fine of five pounds to the use of the State, was read, praying remission of said fine ; thereupon,
Resolved, That the fine adjudged to be paid to the use of the State by the said William Angola be remitted. . VOL. XIII .- 2.
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On consideration,
Resolved, Mr. John Miller, late Commissioner of Purchases in Lancaster county, be directed to settle with Colonel Adam Hubley, Lieutenant of the said county, for money advanced by the said Lieutenant in supplying the militia marched to Northumberland county, and that the said Commissioner charge the same in his account with the publick.
The petition of John Howard was read, praying a remission of certain fines laid upon himself, his son Thomas and Mathew Shaw, of twenty-five pounds each, by the Court of Quarter Sessions of the Peace for the city of Philadelphia; and the same being con- sidered,
Ordered, That the fine of twenty-five pounds imposed on Mat- thew Shaw be remitted.
The petition of Bethian Sonmams was read, praying that her claim to certain lots, &ca., may be heard ; and
Ordered, To lie on the table.
The petition of Elizabeth Mooney, convicted of felony upon law indictments, before the City Court was read, and the transcripts of the sentences of the court being read and considered, and also a certificate of her being at present very ill with a remitting fever;
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