USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XIII > Part 23
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Secondly : The draughts of public money from the Treasury, without the intervention of the Council, when the appropriation or use of the money is declared, we apprehend to be inconsistent with the Constitution, which declares it to be the right of the Council to "draw upon the Treasury for such sums as shall be appropria- ted by the House." This appropriation we clearly conceive to mean a declaration of the use, and not of the person to draw for it ; and that the giving this power to any other persons, by a spe- cial law, is a violation of the Constitutional privileges of the Coun- cil-an unjust and unnecessary wound to their feelings, and calcu- lated to lessen their influence and utility.
It is altogether unprecedented in this or any of the neighboring States, as far as we know and believe, and must be attended with the greatest inconveniences, if there should be any failure in the collection of the taxes in point of time or quantity.
In a late bill published for consideration, entitled
[Blank in Council book.]
we observe that Commissioners are appointed with like powers, to draw upon the Treasury, and to manage and conduct the defence of
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the river Delaware. Though there have been instances wherein the Assembly, since the resolution, have by law nominated Com- missioners for special purposes, yet we apprehend there is no pre- cedent for the powers granted by this law ; but, on the contrary, when on a former occasion provision was made for the defence of the river and trade, the direction thereof was in all respects in- trusted to the Council, who conducted it in such manner as to give effectual relief to the commerce of the city, without any eventual charge to the State. The Constitution expressly declares it to be the right and duty of the Council to expedite the execution of such measures as may be resolved on by the General Assembly. But the language of your laws, gentlemen, is that " other persons shall expedite the execution of your measures," and, in our opinion, plainly encroaches on the rights of the people, who have elected you for the purpose of devising measures, and us for that of executing them ; and so far as we attempt to legislate, or you to execute, so far we depart from the principles of the Constitution, usurp the rights of each other, and do injustice to the people. The clause in the law published for consideration, by which the present Auc- tioneers are removed from office without any complaint against them, though they have held their offices for a short time, we cannot but consider it as a part of the system to increase your own power and lessen the weight of the Council in the eyes of the world. It is but little more than a year since a former Assembly, in the spirit of the Constitution, placed the appointment of these offices in the Council. Men of approved fidelity in the general cause, and of known capacity, were commissioned. They have just be- come masters of the business, made their arrangements, and pro- cured suitable accommodations and clerks, when a special act of Assembly is proposed to dismiss them from office and appoint others. What persons will in future be induced to accept of ap- pointments under the Council, even under the sanction of your own laws, which are to be held on so precarious a tenure ?. or what can be more degrading to a public body than to see persons of their appointment thus displaced, without any cause assigned ? We do not contend but that the House might have reserved the original appointment, though we think the spirit of the Constitution dis- countenances appointments of the Assembly. But to re-assume it by ex post facto law, without any complaint of its being improperly executed, in our opinion, manifests such disrespect to the former Assembly, such an unfreindly disposition towards the Council, and enmity to the present officers, that all candid and considerate men will deem it an undue stretch of Legislative power, and incom- patible with the Constitution.
We wish you to consider, gentlemen, before you proceed further in this system, what consequences will be likely to flow from it .- An Assembly with different views, may think it proper and just, by other laws, to alter your appointments and displace those whom
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you may chuse ; so that at length no man of common prudence or ability will accept of any office subject to such capricious changes. It is also worthy of your consideration that such proceedings have a direct tendency to kindle animosities, to inflame the spirits of men, and keep up divisions in the State. We, therefore, wish to have it known to the good people of this Commonwealth, that as we utterly disapprove of such measures, so we have not been want- ing against them, and as far as in our power, prevent the pernici- ous consequences which must result from such a line of conduct.
WILLIAM MOORE, President. Council Chamber, Phil'a, 12th April, 1782.
Ordered, That the same be presented to the House of Assem- bly.
In Council.
PHILADELPHIA, Saturday, April 13th, 1782.
PRESENT :
His Excellency the President.
The Honorable the Vice President.
Mr. Bayard, Mr. Penticost, and®
Mr. Gardner,
Mr. Levan.
Mr. Cunningham,
An order was drawn on the Treasurer in favor of Colonel Jacob Morgan, late Superintendant of the Commissioners of Purchase in the several counties of the State, for the sum of one thousand and seventy-nine pounds five shillings and two pence three farthings, specie, for paying for supplies for the use of the army, for which he is to account.
A letter from Colonel Abel Morgan, Sub-Lieutenant of the county of Philadelphia, of this day, was read, praying leave to resign his office of Sub-Lieutenant, and thereupon, the same was accepted ; and Jacob Auld, Esquire, being recommended to this Board as a proper person to succeed the said Abel Morgan in the said office ; thereupon,
Resolved, That the said Jacob Auld, Esquire, be appointed Sub- Lieutenant of the county of Philadelphia, in the room and stead of the said Abel Morgan, and that he be commissioned accordingly.
An order was drawn on the Treasurer in favor of Frederick Snei- der, for the sum of fifteen pounds specie, in part for his services in apprehending Steelman, Blake, and Shaw, on the twenty-fifth of November, 1780.
An order was drawn on the Treasurer in favor of Mr. Daniel Rees, for the sum of two pounds twelve shillings and six pence
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specie, for paying for transportation of ammunition to Harris's Ferry, for the use of the troops stationed in the county of North- umberland.
A petition from Benjamin Robinson, convicted of larceny at a Court of Oyer and Terminer, held the second day of April, 1782, and sentenced by the said court to be publicly whipped, &c., was read, and the same was dismissed.
On consideration,
Ordered, That Captain Joseph Stiles, Commissary of Military Stores, be directed to deliver to Messrs. Guerney, Allibone, and Patton, six thousand cartridges for muskets, taking a receipt to re- turn the like or the value thereof.
A petition from Doctor Samuel Edmiston, praying a settlement of the depreciation of his pay as a Physician and Surgeon in the general hospital of the United States, agreeably to the act of Gene- ral Assembly passed the first day of October last, was read; and .thereupon,
Ordered, That the prayer of the said petition be granted, and that the Auditors be directed to settle the same accordingly.
In Council.
PHILADELPHIA, Monday, April 15, 1782.
PRESENT :
His Excellency the President.
Honorable the Vice President.
Mr. Gardner, Mr. Cunningham,
Mr. Levan, and Mr. Pentecost.
Charles Cessna, Esquire, late Commissioner of Purchases in the county of Bedford, having represented that there is remaining in his hands a quantity of flour and forage purchased agreeably to act of Assembly passed the twenty-third day of March, 1780, entitled " An Act for procuring a supply of provisions and other necessaries for the use of the army, which articles are in danger of great waste. On consideration,
Ordered, That the said Charles Cessna be directed to sell the aforesaid articles as soon as may be, and pay the money arising therefrom into the hands of the Treasurer of this State.
A return of Justices for Robinson township in the county of Washington, was received and read, by which it appears that Alex- ander Wright and James Ervins were duly elected Justices for the said township. Thereupon,
Resolved, That Alexander Wright be appointed a Justice of the Peace for the county of Washington, and commissioned accord- ingly.
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WHEREAS, It hath been represented to this Board that the free- · holders of the townships of Cumberland and Morgan in the county of Washington, have each of them neglected to chuse two fit per- sons on the fifteenth day of July, 1781, agreeably to act of As. sembly passed the twenty-eighth day of March, 1781, entitled "An Act for erecting part of the county of Westmoreland into a separ- ate county," to serve as Justices of the Peace:
And whereas, By a clause in an act of Assembly entitled " A further supplement to the act entitled An Act directing the mode and time of electing Justices of the Peace for the city and the seve- ral counties in this Commonwealth, and for other purposes therein mentioned," passed the thirty-first day of August, 1778, it is enact- ed " That when the freeholders of any district, county, town, " township, or ward, within this Commonwealth, have refused or " neglected, or shall hereafter refuse or neglect, to elect Justices " of the Peace, agreeably to the directions of the before recited acts, "or of the further provisions herein made, that then it shall and " may be lawful to and for the President or Vice President, in " Council, to commissionate a suitable number of Justices of the " Peace to fill up such vacancies, agreeably to the number settled in " the afore recited acts ;" therefore,
Ordered, That John Minor be appointed a Justice of the Peace for the township of Cumberland, and Levi Karrod be appointed a Justice of the Peace for the township of Morgan, in the county of Washington, and that commissions be issued accordingly.
An order was drawn on the 'J'reasurer in favor of Colonel Jacob Morgan, Jun'r, for the sum of five hundred and sixty-six pounds three shillings and six pence one farthing, for the purpose of pay- ing for supplies purchased for the use of the army, for which he is to account.
In Council.
PHILADELPHIA, Tuesday, April 16, 1782.
PRESENT :
His Excellency the President.
The Honorable the Vice President.
Mr. Gardner, Mr. Cunningham, and Mr. Levan.
An order was drawn on the Treasurer in favor of Colonel John Hannum, for the sum of twenty-one pounds, State money of the seventh of April, 1781, for his. services as one of the Auditors for settling the depreciation of the pay of the Pennsylvania line.
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In Council.
PHILADELPHIA, Wednesday, April 17, 1782.
PRESENT :
His Excellency the President.
The Honorable the Vice President.
Mr. Gardner, Mr. Cunningham,
Mr. Levan, and Mr. Pentecost.
An order was drawn on the Treasurer in favor of John M'Far- ren, Jun'r, Esquire, or his order, for the sum of one thousand pounds, State money of the seventh of April, 1781, for paying the seven months" men raised agreeably to act of Assembly passed the twenty-sixth day of May, 1780, for which he is to account.
An order was drawn on the Treasurer in favor of Bernard Dougherty, Esquire, for the sum of one hundred pounds specie, in part of the contract for supplying the troops stationed in the county of Bedford with provisions, for which he is to account.
An order was drawn on the Treasurer in favor of John Cannon, Esquire, for the sum of one hundred pounds specie, in part of the contract for supplying the troops stationed in the county of Wash- ington with provisions, for which he is to account.
The Honorable Dorsey Pentecost, Esquire, presented to the Board the following account for his attendance in Council, vizt : From the 9th till the 17th of April, 1782, 8 days @, 17s. 6 £700 -
And thereupon,
An order was drawn on the Treasurer in favor of the Honorable Dorsey Pentecost, Esquire, for the sum of seven pounds specie, amount of the said account.
In Council.
PHILADELPHIA, Thursday, April 18, 1782.
PRESENT :
His Excellency the President.
The Honorable the Vice President.
Mr. Gardner, Mr. Cunningham, and
Mr. Levan.
An order was drawn on the Treasurer in favor of Mr. John Nicholson, for the sum of two thousand pounds, State money of
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the seventh of April, 1781, for paying to officers and soldiers of - the Pennsylvania line one third of depreciation certificates, for which he is to account.
A return of Justices for the township of Antrim, in the county of Cumberland, was received and read, by which it appears that Humphrey Fullerton, Thomas Johnston, James Poe and Hugh Barkley, were duly elected Justices for the said township. There- upon,
Ordered, That Humphrey Fullerton and Thomas Johnston be appointed Justices of the Peace for the county of Cumberland ; and that they be commissioned accordingly.
A letter from Joseph Reed, James Wilson, William Bradford, Jun'r, and Jonathan Dickinson, Sergeant, of the fifteenth instant, recommending to the Board to appoint a Solicitor or Agent to col- lect the evidence, search records, and do various other things essential to the management of the dispute between this State and Connec- ticut, was read ; and on consideration,
Ordered, That Mr. Henry Osborne be appointed Solicitor for the purpose aforesaid ; and that an order be drawn in his favor for the sum of twenty pounds specie, for the purpose of searching records and taking copies of such as relate to the said cause, which he is hereby authorised and empowered to do, for which he is to account.
Ordered, That General Wilkinson and Doctor Tate, of Bucks county; be requested to view the confiscated estate late of Joseph Paxon, in the said county, estimate the yearly value thereof, and make return to this Board.
In Council.
PHILADELPHIA, Friday, April 19, 1782. 5
PRESENT :
His Excellency the President.
The Honorable the Vice President.
Mr. Gardner, Mr. Bayard, and
Mr. Cunningham, Mr. Levan.
The Council taking into consideration the case of Benjamin Freeman,
Ordered, That the sum of seven pounds ten shillings specie, be allowed the said Benjamin Freeman, in consideration of his being wounded by a cannon ball at Amboy in the vear 1776. An order was drawn on the Treasurer accordingly.
The Council taking into consideration the resolution of the Hon- orable the Continental Congress of the nineteenth of March last,
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recommending to the several States to appoint Thursday, the day of April instant, as a day of fasting, humiliation and prayer,
Resolved, That a proclamation be issued for the purpose afore- said, which is in the following words, vizt:
By his Excellency WILLIAM MOORE, Esquire, President, and the Supreme Executive Council of the Commonwealth of Pennsylvania :
A PROCLAMATION.
WHEREAS, The Congress of the United States of America, by their resolve of the nineteenth day of March last, did recommend in the following words, vizt :
The goodness of the Supreme Being to all his rational crea- 'tures, demands their acknowledgments of gratitude and love ; his absolute government of this world dictates that it is the interest, and people ardently to supplicate his favor and implore his protec- tion. When the lust of dominion or lawless ambition excites arbi- trary power to invade their rights, or to endeavour to wrest from a people their sacred and invaluable privileges, and compels them, in defence of the same, to encounter all the horrors and calamities of a bloody and vindictive war, then is that people loudly called upon to fly unto that God for protection who hears the cries of the distressed, and will not turn a deaf ear to the supplication of the oppressed. Great Britain, hitherto left to infatuated councils, and to pursue measures repugnant to her own interest and distressing to this country, still persists in the design of subjugating these United States, which will compel us into another active, and per- haps bloody campaign.
The United States, in Congress assembled, therefore, taking into consideration our present situation, our multiplied transgressions of the holy laws of our God, and his past kindness and goodness to- wards us, which we ought to record with the liveliest gratitude, think it their indispensable duty to call upon the several States to set apart Thursday, the twenty-fifth day of April next, as a day of fasting, humiliation and prayer ; that our joint supplications may then ascend to the throne of the Ruler of the Universe, beseeching him to diffuse a spirit of Universal reformation among all ranks and degrees of our citizens, and make us an holy, that so we may be an happy people; that it may please him to impart wisdom, unanimity and integrity to our Councillors ; to bless and prosper the reign of our illustrious Ally, and give success to his arms em- ployed in the defence of the rights of human nature; that he would smile upon our military arrangements by sea and land, ad- minister comfort and consolation to our prisoners in a cruel captivity, protect the life and health ot our Commander-in-Chief, grant us victory over our enemies, establish peace in all our borders, and give happiness to all our inhabitants; that he would prosper the
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labour of the husbandmen, making the earth yield her increase in abundance, and give a proper season for the in-gathering of the fruits thereof ; that he would grant success to all engaged in lawful trade and commerce, and take under his guardianship all schools and seminaries of learning, and make them nurseries of virtue and piety ; that he would incline the hearts to peace, and fill them with universal charity and benevolence ; and that the religion of our Divine Redeemer, with all its benign influences, may cover the earth as the waters cover the sea.
Wherefore, as well in respect of the said recommendation of Congress as from a due sense of humbling ourselves before the Governor of the Universe, and emploring His protection and sup- port, we do hereby direct and order, that the said Thursday the twenty-fifth day of April instant, be set apart in this Common- wealth as a day of humiliation, fasting, and prayer, according to the said resolve ; and that all persons within the State abstain from servile labour and recreation on that day.
Given by order of the Council, under the hand of his Excellency WILLIAM MOORE, Esquire, President, and the seal of the State, at Philadelphia, this nineteenth day of April, in the year of our Lord one thousand seven hundred and eighty-two.
WILLIAM MOORE, President.
Attest :- T. MATLACK, Secretary.
GOD SAVE THE COMMONWEALTH.
An order was drawn on the Treasurer in favour of William Gray, Paymaster of the county of Northumberland, for the sum of two hundred pounds specie, for the paying the seven months' men raised in the said county, to be paid out of the money arising from the payment of the arrears of the eighteen penny taxes of the said county, for which the said paymaster is to account.
In Council.
PHILADELPHIA, Saturday, April 20, 1782. PRESENT :
His Excellency the President.
The Honorable the Vice President.
Mr. Gardner, Mr. Cunningham,
Mr. Levan, and Mr. Bayard.
Ordered, That Thomas Nevill and Lewis Grant be appointed and requested to estimate the value of the leaden spouts taken down in the city and liberties of Philadelphia, by order of Congress in 1777, and make return thereof to this Council.
SUPREME EXECUTIVE COUNCIL.
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Ordered, That a dedimus potestatum he issued, authorizing Plunket Fleeson, Esquire, to qualify the Justices of the Peace and other civil officers commissioned by the Council, within the city of Philadelphia.
An order was drawn on the Treasurer in favour of his Ex- cellency the President, for the sum of one hundred pounds specie, in part of his salary, for which he is to account.
In Council.
PHILADELPHIA, Monday, April 22nd, 1782.
PRESENT :
His Excellency the President.
The Honorable the Vice President.
Mr. Gardner, Mr. Levan.
Mr. Cunningham, and
The following orders were drawn on the Treasurer, vizt :
In favor of the Honorable' James Potter, Esq'r, Vice President, for the sum of fifty pounds specie, in part of his salary, for which he is to account
In favor of John Nicholson, Esquire, for two thousand pounds, State money of the seventh of April, 1781, for paying one-third of depreciation certificates to officers and soldiers of the Pennsylvania line, for which the said John Nicholson is to account.
In favor of William Brown, Esquire, for forty pounds specie, for supplying the militia of the county of Cumberland lately called into service for the defence of the frontiers of said county, with pro- visions, for which he is to account.
In favor of John Ormsby, Esquire, to be paid to the Honorable Christopher Hayes, Esq'r, for the sum of one hundred and fifty pounds specie, for the purpose of furnishing provisions to 'persons to be employed in running a temporary line between this State and the State of Virginia.
In favor of Colonel Lewis Farmer, for the sum of one hundred pounds, for purchasing clothing for the company of Rangers in the county of Northampton, for which he is to account.
In favor of Colonel Jacob Morgan, for the sum of fifty pounds specie, for the purpose of paying for supplies purchased for the use of the army by the late Commissioners of Purchase, for which he is to account.
Proposals of William Browne, Esquire, for supplying the com- panies of militia of Cumberland county called out to guard the
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frontiers of said county, with provisions, were read and considered ; and thereupon,
The Council agreed to pay to the said William Browne twelve pence per ration for the rations to be delivered by him to the said companies, the same to be delivered at such places as the said troops may from time to time be stationed within the said county, and to be paid for agreeably to a muster roll to be signed by the Captain of the com- pany and countersigned by the Lieutenant of the county monthly.
The rations to consist of
One pound of bread.
One pound of beef, or ath lb. of pork.
One jill of whiskey, and
One quart of salt,
Two quarts of vinegar, to every hundred rations.
Eight pounds of soap, to every seven hundred rations.
Three pounds of candles, S
An order was drawn on the Treasurer in favor of Mr. Francis Bailey, for the sum of seventeen pounds and eight pence specie, in full of his account for newspapers for the use of the Council.
'An order was drawn on the Treasurer in favor of Colonel Ste- phen Balliott, for two hundred and forty-one pounds six shillings and eight pence one-half penny specie, balance of his account for supplying the militia of Northampton county called out for the defence of the frontiers of said county, with provisions. 1
In Council.
PHILADELPHIA, Tuesday, April 23d, 1782.
PRESENT :
His Excellency the President.
The Honorable the Vice President.
Mr. Gardner, Mr. Bayard, and
Mr Levan.
A memorial from the Commissioners appointed to procure and equip an armament for guarding and defending the navigation of the bay and river Delaware, was read. Among other things the said Commissioners propose the purchase of the prize ship General Monck, and pray the approbation of Council of the purchase. On consideration,
The Council approved of the purchase of the said ship, agreeably to the proposal of the Commissioners.
Ordered, That a pass be granted to Mrs. Susanna Lindley, to come from New York to the city of Philadelphia.
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An order was drawn on the Treasurer in favor of John Nichol- son, Esquire, for the sum of two thousand pounds, State money of the seventh of April, 1781, for paying one-third of depreciation certificates to officers and soldiers of the Pennsylvania line, for which he is to account.
In Council.
PHILADELPHIA, Wednesday, April 24, 1782.
PRESENT :
His Excellency the President.
The Honorable Mr. Gardner, Mr. Levan.
Mr. Bayard, and
The Council resumed the consideration of the case of Benjamin Robinson, now confined in the old gaol ; and thereupon,
Resolved, That his corporal punishment be remitted, on condi- tion that he pay his fines and the costs of prosecution, enlist in the . Pennsylvania line without bounty, to serve during the war, and give security to the Secretary of the Council in the sum of fifty pounds, that he will not desert.
The following deeds were examined and signed by his Excel- 'lency the President, for the following lots of ground marked in the general plan of city lots, and sold agreeably to law, for the re- demption of the bills of credit of this State of the twenty-ninth of April, 1780, viz :
To the Reverend Doctor John Ewing, for lots numbered from 51 to 60 inclusive. Consideration' seventy-five pounds.
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