USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XIII > Part 22
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Ordered, That the same be granted.
An order was drawn on the Treasurer in favor of Mr. James Loughead, Paymaster of the militia of the city and liberties of Phil- adelphia, for the sum of three hundred and twenty-three pounds twelve shilling and six pence specie, for the purpose of paying the militia of the said city and liberties lately called into service ; the same to be charged to Colonel William Henry, and to be paid out of monies arising from militia fines.
The committee appointed to prepare a message to the General Assembly respecting the defence of the frontiers, brought in a draught of a message, which is as follows, viz : .
A message from the President and Council to the Representa- tives of the Freemen of the Commonwealth of Pennsylvania in Gen- eral Assembly met.
GENTLEMEN :- The intelligence which has been received from the frontiers of the State respecting the ravages of the Indians, and the murders which they have committed at this early season, leaves no room to doubt of their determination to exert their utmost power to distress us during the present year, and confirm the accounts we had received from Fort Pitt, Washington, &c., of the combinations formed by them for that purpose. The defence of the frontiers has · been committed to Council by avote of your Honorable House, and a
249
SUPREME EXECUTIVE COUNCIL.
.
subsequent resolution has empowered us to draw from the Treasury for this purpose, any monies which may be found there but how ex- tensive soever this power may seem to be in words, it is a fact which we feel the utmost reluctance thus publicly to acknowledge, that the low state of the Treasury has rendered it totally inadequate to the purpose for which it was intended. It has not been in our power to furnish the money in due time for raising the Ranging compa- nies ordered for that defence, and it has been with great difficulty that we have been able to advance even very small sums to those who have contracted to supply the necessary provisions for the forces intended for that quarter, and there is not now any money in the Treasury subject to our order under that resolution ; and as to the resolve of the first instant, appropriating to this purpose the arrears of the late eighteen penny taxes, if there were no reason to appre- hend difficulties or delays in collecting them, these would be so very far short of being sufficient for any effectual defence, that we could not think of entering into the necessary contracts, knowing that it must be impossible for us to fulfil them.
Had the Council no other objects than to justify themselves to their constituents, they would only have to shew to them that the - monies put into their hands for the defence of the frontiers had been faithfully applied to that purpose, but justice to the brave men who lie exposed to the incursions of a savage enemy, will not permit us to neglect a single measure that is in our power for their security. We, therefore, feel it to be our duty to press your Hon- orable House, in the strongest terms, to make an immediate provi- sion for their defence, without which the three companies of militia ordered from Cumberland county to the protection of that county, and the assistance of Bedford and Northumberland counties, must unavoidably return, the companies destined for the defence of the frontiers be disbanded, and those unhappy people who lie exposed, be left a pray to the enemy, or escaping by flight, expose others to the like dangers and destruction.
WILLIAM MOORE, President.
Council Chamber, Philadelphia, April 2nd, 1782.
And the said message being read and considered, was agreed ; and thereupon,
Ordered, That the same be presented to the General Assembly. On consideration,
Ordered, That passes be granted to Owen Jones, Jun'r, Deborah Mitchell, Ann Howell, and Margaret Rhoorback, to go to Elizabeth- town, in the State of New Jersey, and to return again.
250
MINUTES OF THE
In Council.
PHILADELPHIA, Thursday, April 4, 1782.
PRESENT :
His Excellency the President.
The Honorable the Vice President.
9
Mr. Lacey, Mr. Cunningham, and
Mr. Bayard, Mr. Pentecost.
Mr. Gardner,
An order was drawn on the Treasurer in favor of Captain Nathan Boys, for the sum of fifteen pounds fifteen shillings specie, amount of expences attending the sale of galley stores belonging to the State.
The following deeds were examined and signed by his Excellency the President, for divers lots in the city of Philadelphia, sold agreeably to law, for the redemption of the bills of credit of this State of the twenty-ninth day of April, 1780, and marked in the . general plan of city lots as follow, vizt :
To Colonel Francis Johnston, for lot No. 443. Consideration seventy-three pounds.
To Joseph Kerr, for lot No. 532. Consideration sixty-nine pounds.
- To Lewis Grant, for five lots, numbered from 1113 to 1117, in- clusive. Consideration one hundred and seventy-five pounds.
To ditto, for four lots, No. 546, 547, 548, and 549. Considera- tion one hundred and eighty-five pounds.
To Alexander Carlisle, for lot No. 640. Consideration thirty- six pounds.
To James Budden, for sixteen lots, numbered from 706 to 721. Consideration six hundred and twenty-seven pounds.
To Benjamin Harbeson, for lots No. 754, 755, 756, and 757. Consideration ninety pounds.
To John Cornish, for lots No. 797, 798, and 799. Considera- tion seventy-eight pounds.
To James Budden, for lots No. 938 to 940, and 941, 94-4, and 945. Consideration six hundred and six pounds.
To Benjamin Randolph, for lots No. 980, 981, 982, 983, 984, and .985. Consideration two hundred and forty pounds.
'To John McKim, for lots No. 1008 and 1009. Consideration one hundred and five pounds.
To Benjamin Harbeson, for lots No 1061 to 1064, and 1122, 1123, and 1124. Consideration one hundred and eighty-nine pounds.
To John McKim, for lots numbered from 1143 to 1147. Con- sideration one hundred and twenty-two pounds.
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SUPREME EXECUTIVE COUNCIL.
To John Kaighn, for lots No. 1279 and 1280. Consideration one hundred and forty-two pounds.
To Benjamin Harbeson, for lots numbered from 1202 to 1209. Consideration two hundred and ninety-six pounds.
To John McKim, for lots No. from 1179 to 1185. Consideration two hundred and seventy seven pounds.
To John Kaighin, for lot No. 1196. Consideration fifty pounds. To John Pearson, for lots No. 1583 and 1584. Consideration one hundred and eighty pounds.
To George" Gratz, for lots No. 1342, 1343, and 1344. Consid- eration one hundred and one pounds.
To Benjamin Randolph, for lots marked K and L. Considera- tion two hundred and sixty pounds.
All which sums the persons above mentioned have paid to the Treasurer of the State, as appears by his receipts. Deeds dated the fourth instant.
A deed was examined and signed by his Excellency the Presi- dent, to Captain John Doyle, conveying a certain lot of ground, situate in the town of Lebanon, containing about five acres, seized and sold agreeably to law, as the estate late of Nicholas Housseck- er, an attainted traitor, to Captain John Doyle, for the sum of seven hundred and seventy-five pounds specie, which sum he hath paid to the Agents of Confiscated Estates in the said county of Lancaster. Deed dated the fourth instant.
A deed was examined and signed by his Excellency the Presi- dent, to James 'T'waddle, conveying a certain plantation, situate in the township of Ashton, in the county of Chester, containing sev- enty-nine acres and one quarter, late the estate of William Mad- dock, an attainted traitor : Seized and sold agreeably to law, to the said James Twaddle, for the sum of four thousand one hundred _ pounds Continental money, which sum he hath paid to the Agents of Confiscated Estates in the said county. Deed dated the fourth instant.
In Council.
PHILADELPHIA, Friday, April 5, 1782. PRESENT :
His Excellency the President.
The Honorable the Vice President.
Mr. Lacey, Mr. Cunningham, and
Mr. Gardner,
Mr. Pentecost.
Mr. Bayard,
An order was drawn on the Treasurer in favour 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.
252
MINUTES OF THE
An order was drawn on the Treasurer in favor of the Honorable John Lacey, Jun'r, Esquire, for the sum of twenty pounds, in part of his salary, for which he is to account.
An order was drawn on the Treasurer in favor of the Managers of the Pennsylvania Hospital, for the sum of fifty pounds eight shillings specie, for boarding sundry disabled galley men, &c.
A petition from Frederick Sneider, Doorkeeper to this Board, setting forth, that on or about the twenty-fifth of November, 1780, he aided and assisted Mr. Thomas Bradford in apprehending a cer- tain Steelman, Black, and Shaw, taken up by order of this Board, for carrying on an illicit trade with the enemy, at New York ; that certain goods were seized and sold as confiscated, the property of the said persons, and praying to be allowed for his services therein, was read ; and on consideration,
Ordered, That the said petition be referred for further consider- ation.
A petition from Henry Spering, of the county of Northampton, in behalf of himself and other children of John Spering, late of the said county, an attainted traitor, praying some relief from this Board, with respect to the forfeited estate of their said father, was read ; and
Ordered, To lie on the table.
In Council.
PHILADELPHIA, Saturday, April 6, 1782. PRESENT :
His Excellency the President.
The Honorable the Vice President.
Mr. Lacey, Mr. Gardner, Mr. Bayard, .
Mr. Cunningham, and Mr. Pentecost.
On consideration,
Ordered, That Alexander M'Clean, Esquire, be appointed on the part of Pennsylvania, to run the line between this State and Virginia, agreeably to instructions to be given him for that pur- pose, and that his appointment be under the seal of the State.
Ordered, That the Lieutenant of the county of Washington be authorized and required to call into service, and put under the di- rection of Alexander McClean, Esquire, such number of militia as the said McClean may judge necessary for guards to the Commis- sioners for running the line between the States of Virginia and Pennsylvania, not exceeding one hundred.
253
SUPREME EXECUTIVE COUNCIL.
Ordered, That it be recommended to the Honorable the Secre- tary at War, that a commission be issued to Worsley Emes, as Captain in the Pennsylvania Artillery regiment, to bear date Sep- tember the twenty sixth, 1780; and that a commission be also is- sued to Matthew Maguire, as Captain Lieutenant in the same regi- ment, to bear date on the same day.
A petition from Ludowick Kale, convicted of horse stealing, praying remission of his corporal punishment, was read ; and the same was rejected.
In Council.
PHILADELPHIA, Monday, April 8, 1782.
PRESENT :
His Excellency the President.
The Honorable the Vice President.
Mr. Bayard, Mr. Gardner,
Mr. Cunningham, and
Mr. Pentecost.
Mr. Lacey,
The Honorable . Dorsey Pentecost, Esquire, presented to the Board the following account for his attendance in Council, from the twenty-fourth of March till the 9th of April, 1782; 17 days & 17 s6. £14 17 6; and thereupon,
An order was drawn on the Treasurer in favor of the Honorable Dorsey Pentecost, Esquire, for the sum of fourteen pounds seven- teen shillings and sixpence specie, amount of the above account.
An order was drawn on the Treasurer in favor of Alexander M'Clean, Esquire, for the sum of two pounds four shillings and nine pence specie, in full of his account for his services as Commissioner for running a temporary line between this State and Virginia.
A petition from Martha Nicholls, praying permission for herself, her daughter Martha, and her son Scudamore, to go into New York not to return again, was read ; and thereupon,
Ordered, That the said permission be granted.
Ordered, That the Lieutenant of the county of Westmoreland be authorized and required to call into service and put under the direction of Alexander M'Clean, Esquire, such number of militia as the said M'Clean shall judge necessary, for guards to the Com- missioners for running the line between the States of Pennsylvania and Virginia, not exceeding one hundred.
A resolution of the House of Assembly of the sixth instant, ap- pointing George Campbell, Esquire, to be Register for the Probate of Wills and granting letters of administration for the city and
254
MINUTES OF THE
county of Philadelphia ; and John Beatton to be Register for the Probate of Wills and granting letters of administration, and Re- corder of Deeds, for the county of Chester, was read; and,
Ordered, To be filed.
A petition from Alexander M'Clean, Esq'r, praying to be ap- pointed to be Prothonotary of the new county to be laid off on the western frontiers, was read ; and,
Ordered, To be filed.
A petition from Solomon Meyers Cohen, praying a pass to the city of New York and to return again, was read; and thereupon, Ordered, That the same be granted.
A petition from Isabella Campbell, praying a pass to New York, was read; and thereupon,
Ordered, That the prayer of the said petition be not granted, "but that a pass to Elizabethtown and to return, be granted to. the petitioner.
In Council.
PHILADELPHIA, Tuesday, April 9, 1782.
PRESENT :
His Excellency the President.
The Honorable the Vice President.
Mr Lacey, Mr. Bayard, Mr. Gardner,
Mr. Pentecost, and
Mr. Cunningham.
A petition from John Hood, praying a pass to the city of New York, was read; and the same was dismissed.
Resolved, That permission be granted to Captain Thomas Priz- gard, to export from this State the following articles and quantities expressed, to wit : Three beaver hats, two kegs of garden seeds, one bag of garden peas, one thousand staves, and two hundred and fifty heading, in the brigantine Commodore Lafarey, bearing a flag of truce, and bound to Antigua ; and a permission was made out under the less seal of the State accordingly.
A letter from the Honorable Benjamin Lincoln, Esquire, of this day, was received and read, inclosing a resolution of Congress of the thirtieth of March last, giving a reward of three pounds for every prisoner of war that shall be apprehended and secured in any gaol, to be paid by the State in which such prisoner shall be ap- prehended, and charged to the United States, together with one- eighth of a dollar per mile for travelling charges, was read ; and,
Ordered, To be laid before the General Assembly.
255
SUPREME EXECUTIVE COUNCIL.
In Council.
PHILADELPHIA, Wednesday, April 10, 1782. PRESENT :
His Excellency the President.
The Honorable the Vice President.
Mr. Gardner, Mr. Bayard,
Mr. Van Campen, and Mr. Penticost.
An order was drawn on the Treasurer in favor of Daniel Rees and Daniel Montgomery, for the sum of fifty-six pounds ten shillings and ten pence specie, in part of their contract for supplying the troops stationed in the county of Northumberland, for which sum they are to account.
A pass was granted to Mary Taylor, to go to Elizabethtown, in New Jersey, and to return.
Passes were granted to Henry Geiger and Joseph Stump, to go to foreign parts, other than the dominions of the King of Great Britain.
The following accounts of James Read for attendance in Council :
State of Pennsylvania to James Read, Esquire.
For atttendance in Council, to wit, inclusive :
From the 24th of November, 1778, till the 31st of January, 1779, 69 days, @ £2 5, - -
£ 155 5
the 1st of February, 1779, till the fourth of March, 32 days, @ £3, - 96 0
¥ the 10th of May, 1779, till the 27th Novem- ber, 202 days, a £7 10, -
1,515
il the 28th Nov. 1779, till the 24th March, 1780, 117 days, a £12, - - the 25th March 1779, till the 25th May, 1780, 62 days, a £16, the 11th Aug't, 1779, till 1st June, 1781, 295 days, a £50, -
1,404
992
Mileage, 56 miles out & 56 miles home,
1779, 112 miles, a 2s 6, -
14
1780, do do
5s,
-
-
70
66
do
16s 8,. .. -
-
93 6 8
1781, do
41s 8, -
-
-
-
233 6 8
" do
do
233 6 8
Continental,
£19,584 5 0
-
-
28
12s 6, -
14,750
256
MINUTES OF THE
Cr
By cash received of Mr. Rittenhouse,
1779, Feb. 18th,
££ 200
July 15th,
150
Sept'r 5th,
200
Nov. 3d,
1,100
1780, January 13th,
1,000
May 22d,
1,200
Sept'r 9th, -
1,000
Oct'r 4th,
2,000
Nov'r 28th, -
2,000
Decem'r 21, -
1,500
-
10,350
4
Continental,
.£9,234 5
Balance of £9,234 5 Continental, brought from above, a exch'e of 75 for 1, is, specie, - £123 3
To attendance in Council from the 2d till the 4th of June, 1781, inclusive, a 25s, -
3 15
£126 18
Contra. By an order on the Treasurer for -
35
Balance in specie,
£91 18
And thereupon,
An order was drawn on the Treasurer in favor of James Read, Esquire, for the sum of ninety-one pounds eighteen shillings specie, balance of the foregoing account.
In Council.
PHILADELPHIA, Thursday, April 11th, 1782.
PRESENT.
His Excellency the President.
The Honorable the Vice President.
Mr. Bayard, Mr. Gardner,
Mr. Cunningham, and Mr. Penticost.
The return of Timothy Taylor, Esquire, and Augustine Willet, Esquire, appointed by order of the Council of the twentieth of March last, to view and make return of the value of a tract of land situate in Middleton township, in the county of Bucks, containing
.
SUPREME EXECUTIVE COUNCIL.
257
one hundred and twenty-five acres and three-quarters and thirteen perches, late the estate of Joseph Paxson, an attainted traitor, in order that the same may be assigned to the University of this State, was read, by which return it appears that the said tract of land, with the buildings and other improvements thereon, is of the value of seven pounds per acre ; thereupon,
Resolved, That the said estate be assigned to the University of this State, that the same be now delivered to the Trustees, and that the said institution be charged therewith, according to the aforesaid valuation, in the estimation of estates so assigned, agree- ably to the act of General Assembly directing the same.
-
In Council.
PHILADELPHIA, Friday, April 12th, 1782. PRESENT :
Mr. Bayard, Mr. Gardner,
Mr. Cunningham, and Mr. Penticost.
Mr. Dougherty, Mr. M'Lene and Mr. Wynkoop, a committee of the General Assembly, attended in Council and requested a con- ference with the Council respecting sundry class-men raised in the county of Bedford in the year 1781; and thereupon, a confer- ence was had, and after some time spent therein, it was agreed that the said class-men be joined to the Ranging company raised in the said county, to serve during the term of their enlistment, and the committee was requested to report the same to the House of Assem- bly.
Dr. The State of Pennsylvania to James M'Lene, Esquire. For attendance in Congress, vizt :
22 days, a £5, -
-
£ 110
170 do a 9,
-
-
-
-
1,530
119 do a 22 10, - 1
. -
2,677 10
150 do a 60, -
- 9,000
£13,317 10
Contra.
By cash received from the Continental Trea-
sury, 11,400 dollars, - -
-
£4,275
Do. of Mr. Rittenhouse, .
-
2,500
6,775
Continental,
£6,542 10
£6 542 10 Continental, a exchange of 60 for one, is,
specie, - -
VOL. XIII .- 17.
£109 0 10}
1
258
MINUTES OF THE
And thereupon,
An order was drawn on the Treasurer in favor of James M'Lene, Esquire, for the sum of one hundred and nine pounds and ten pence half-penny, balance of the foregoing account.
James Moore, Esquire, of the county of Chester, laid before the Board a state of his accounts for payment of bounties to soldiers in the Pennsylvania line, by which it appears that there is due to the State a balance of one hundred and seventy-five pounds twelve shillings and six pence, State money ; thereupon,
Resolved, That Mr. Moore be directed to pay the said balance. into the hands of the Treasurer of the said State.
The Council resumed the consideration of the petition of Fred- erick Sneider, praying to be allowed for his services in apprehend- ing a certain Steelman, Black and Shaw ; and thereupon,
Ordered, That the following articles, to wit: one pair of worsted stockings, one pair of buckskin gloves, one pair of shoe-buckles, one sett stock buckle, one ditto knee buckle, one pair of golden sleeve buttons, marked S. S., three pair of silver sleeve buttons, and one single ditto, one gold set ring, one breast broach, (silver,) one ivory comb, one brass inkhorn, one clasp-knife, one silver watch, maker's name "Richard Doingham, No. 38,981, and one old pocket book, part of the goods seized upon the said persons, be now sold at public auction for the benefit of the petitioner; that the proceeds be paid into the hands of the Treasurer of the State ; and that an order be drawn in favor of Frederick Sneider for the amount thereof.
Representation having been made to this Board that Captain Thomas Prizgard, of the Flag of Truce, Commodore Lafarey, is held to appear & to answer a charge against him, made by John Jones, Health Officer, for that he came up to the city of Philadelphia without paying a due regard to the regulations established for pre- serving the health of the citizens : On consideration,
Ordered, That the Attorney General be directed to enter a noli prosequi in the said case, and that the consideration of the conduct of Captain Prizgard be referred to the Secretary at War, for his determination how far the same may have been contrary to the law of nations.
A resolution of the Honorable House of the General Assembly of the eighth instant, authorizing and empowering this Board to draw upon the Treasury of this State for any sum not exceeding ten thousand pounds of the paper money of this State, emitted by act of Assembly of the seventh of April, 1781, for discharging the debts due for horses and waggons called into service agreeably to requisitions of Congress and the Commander-in-Chief, was re- ceived and read.
Ordered, To lie on the table.
-
259
SUPREME EXECUTIVE COUNCIL.
The committee appointed to prepare a message to the House of General Assembly, brought in a draft of the same, which is as fol- lows, vizt :
Message from the President and Council to the Representatives of the Freemen of the Commonwealth of Pennsylvania, in General Assembly met.
GENTLEMEN : Our desire to preserve the harmony so essential to the public welfare, has kept us silent under the various measures adopted by your House, which we conceive prejudicial to the State and derogatory to the Constitutional rights of this Board. But as . we perceive a system to be adopted and steadily pursued, which evidently tends to annihilate the powers and usefulness of the Ex- ecutive part of government, our duty to our constituents, and a due regard to the sacred obligations we have entered into, oblige us to speak with freedom, and to declare that, as we will never make a voluntary surrender of our privileges, so we will not tamely and silently submit to any invasion of them. In the station assigned us in the government, we do not apprehend ourselves obliged to take notice of any deviations from the Constitution, which do not touch our own rights; but of these we conceive ourselves, in the first instance, the special and natural guardians, and when we can no otherwise prevent Legislative encroachments, it is our duty at least to make a solemn appeal to the people, our mutual constitu- ents, the true source and fountain from whence all our authority is derived. When the Constitution of the State placed the Legisla- tive power in a single branch, with certain checks upon rash and and hasty determination, it was never supposed that any House of Assembly would, by special laws made for the purpose, assume the Executive powers, and by blending Legislative and Executive, unite what the Constitution had wisely and decisively separated; much less, that such laws should pass without even a decent regard to those salutary restraints of time and publication, which were in- tended to provide against intemperate and indigested measures. It has been one of the greatest objections made to this Constitution, that it has left too little power in the Executive branch ; and yet we see daily attempts to make that little less. We cannot suppose that it is intended practically to shew the people what mischief and abuse a single Legislature may do, and yet we are at a loss otherwise to account for those proceedings which are particularly the objects of this message. And first, with respect to the Judges of the Supreme Court. The Constitution has vested their appoint- ment in the Council, and declared that " they shall have fixed sala- ries." Before the appointments were made these salaries were fixed, and then persons were taken from other employments of life into the public service; but as soon as a settled medium of commerce was introduced, you have unfixed those very salaries and reduced them to a value inadequate to the present scale of expence
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MINUTES OF THE
and the dignity of the station, and so far broken the contract be- tween those officers and the public which they justly conceived to be guaranteed by the Constitution. What benefit can the Com- monwealth derive from the appointment as directed by the Consti- tution, or from the independency of their commissions, if, after such appointment, and the rate of their compensation being ascertained, every Assembly may take upon them to alter that rate, and show their favour or resentment by a liberal or inadequate allowance, as the men may be pleasing to them ; or otherwise, what is it in effect, but to make them dependant upon the Assembly for their daily subsistence, and subject them to the strongest temptations of yield- . ing to every vecring gale of politics or party ? Or to what purpose was it to give the appointment to the Council, when the objects of their choice are left in such a state of dependance for their sup- port ? We conceive that the powers thus claimed of reducing sala- ries after the offices have been long accepted and held, is incompati- ble with the letter and spirit of the Constitution, and may be exercised in such a manner as in effect to prevent the Council ap- pointing any person to office, by rendering it impossible for the per- son appointed to accept or to continue in office, however irreproacha- ble in conduct and ability, if he should happen to be displeasing to a majority of the House of Assembly. We conceive the indepen- dance of the Judges, both on the Executive and Legislative, as a point of the greatest importance to the good people of the State, and as their commissions are for seven years, unless convicted of misbehaviour, it is clear that their support ought to be equally fixed, and irrevocable during that period.
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