USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XIII > Part 40
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A PROCLAMATION.
WHEREAS, The Court of Commissioners, constituted and declared by the United States, in Congress assembled, to hear and finally determine the controversy between this State and the State of Con- necticut, respecting sundry lands lying within the northern boun- dary of this State, having heard the said States respectively there- upon, proceeded, on the thirtieth day of December last, to give. judgment in the words following, to wit :
"We are unanimously of opinion that the State of Connecticut has no right to the lands in controversy. We are also unanimously of opinion that the jurisdiction and pre-emption of all the territory lying within the charter boundary of Pennsylvania, and now claimed by the State of Connecticut, do of right belong to the State of Pennsylvania."
We have thought fit to make known and proclaim, and do hereby make known and proclaim the same, and we do hereby charge, en- join, and require all persons whatsoever, and more especially such person and persons who, under the authority or countenance of the late Colony, now State of Connecticut, either before or since the Declaration of Independence, have entered upon and settled lands within the bounds of this State, to take notice of the said judg- ment, and pay due obedience to the laws of this Commonwealth.
And whereas, There is reason to fear that the animosities and resentments which may have arisen between the people who, under the authority or countenance of the said late Colony, now State of Connecticut, as aforesaid, have made settlements within the bounds of this State, and the citizens of Pennsylvania who claim the lands whereon such settlements have been made, may induce some of the latter to endeavour to gain possession of the said lands by force and violence, contrary to law, whereby the peace of the State may be en- dangered and individuals greatly injured, we do hereby strictly charge, enjoin all persons whatsoever, to forbear molesting, or in anywise disturbing any person or persons, who, under the authority or coun- tenance of the late Colony, now State of Connecticut, as aforesaid, have settled lands within the bounds of this State, until the Legis- lature or the courts of justice shall have made laws or passed judg- ment in such case as to right and justice may appear to belong, as such persons offending therein shall answer the contrary at their peril. And we do hereby charge, enjoin, and require, all Judges,
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Justices, Sheriffs, and other peace officers, to use their authority to prevent offences, and to punish according to law, all offences com- mitted, or to be committed against any of the people so as aforesaid settled under the authority or countenance of the said late Colony, now State of Connecticut, as aforesaid, on lands within this State, and who pay due obedience to the laws thereof, as in case of like offences against any of the citizens of this State.
Given in Council, under the hand of the President, and the seal of the State, at Philadelphia, this sixth day of January, in the year of our Lord one thousand seven hundred and eighty-three. JOHN DICKINSON. Attest-T'Y MATLACK, Sec'ry. 1
GOD SAVE THE COMMONWEALTH !
Ordered, That the said proclamation be published.
PHILADELPHIA, Tuesday, January 7th, 1783.
No Council.
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The Council met.
PHILADELPHIA, Wednesday, January 8th, 1783.
PRESENT :
Honorable JAMES EWING, Esquire, Vice President.
James Irvine, Sebastian Levan,
George Wall, John Piper,
Esquires.
A petition from Neal Sherkey, convicted of keeping a tipling house, and selling liquor by the small measure without licence for so doing, at the last Court of General Quarter Sessions for the county of Philadelphia, was read, praying remission of his fine : On consideration,
Ordered, That the fine adjudged to be paid to the use of State by the said Neal Sherkey, be remitted.
Henry Osborne, Esquire, attended, and requested Council to lend him two papers containing extracts from the proceedings of the Court of Commissioners on the trial between this State and Connecticut, lately forwarded by him to Council, which the Coun- cil agreed to, and the Secretary was directed to deliver the same.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Thursday, January 9th, 1783.
PRESENT :
The Honorable JAMES EWING, Esquire, Vice President.
James Irvine,
John Piper,
George Wall, James Cunningham, S Esquires.
The report of the Comptroller General on the account of Richard Ridley, for rent of a store and room at Marcus Hook, while occupied by part of Colonel Miles' regiment in the year 1776, was read and approved.
The petition of divers freeholders of Derry township, in the county of Cumberland, praying the appointment of Justices of the Peace, was read ; and
Ordered, To lie on the table.
Ordered, That two hundred copies of the act intitled "An Act to prevent the erecting any new and independent State within the limits of this Commonwealth," and the bill intitled "An Act for the sale of certain lands therein mentioned, for the purpose of re- deeming and paying off the certificates of depreciation given to the officers and soldiers of the Pennsylvania line, or their representa- tives, and for appropriating certain other lands therein mentioned for the use of the said officers and soldiers, to be divided off to them severally at the end of the war," be struck off, and forwarded to the western part of the State, there to be distributed.
On application,
An order was drawn on the Treasurer in favor of Captain John Boyd, for five pounds specie, for paying to John Skilling, private in Captain Thomas Robeson's company of Rangers in Northumber- land county, two months' pay, to be charged to said Skilling, and deducted out of his pay, for which Captain Robeson is to account, it appearing to the Board by said Skilling's affidavit, that be is a soldier belonging to Captain Robeson's company, and just returned from captivity.
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MINUTES OF THE
The Council met.
PHILADELPHIA, Friday, January 10th, 1783.
PRESENT :
Honorable JAMES EWING, Esquire, Vice President.
Honorable James Irvine, John Piper, and
George Wall, James Cunningham, S Esquires.
On application,
An order was drawn on the Treasurer in favor of Jonathan Dick- inson Sergeant, Esquire, for two hundred and fifty pounds specie, being a fee allowed by resolution of the General Assembly of the sixth day of November last, for his services in the controversy be- tween this State and the State of Connecticut.
The Council met.
PHILADELPHIA, Saturday, January 11th, 1783.
PRESENT :
Honorable JAMES EWING, Esquire, Vice President.
James Irvine, James Cunningham, -
George Wall, Sebastian Levan, Esquires.
John Piper,
On application,
An order was drawn on the Treasurer in favor of John Nicholson, Esquire, Comptroller General, for the sum of five hundred pounds, State money of the seventh of April, 1781, for paying to officers and soldiers of the Pennsylvania line one-third of depreciation cer- tificates, pursuant to act of Assembly passed the thirteenth day of April last, for which the Comptroller General is to account.
A letter from his Excellency the President of the State, of the seventh instant, was read, reminding Council of business requiring immediate dispatch, to wit : the distributing the proclamations of Council thro' the country lately disputed between this State and that of Connecticut, suggesting to Council the propriety of appoint- ing some persons to spread the same, and converse with the people, in order to quiet their minds, and prevent any disturbances ; that messengers be sent to the westward, according to resolution of As- sembly, with a sufficient number of copies of the late act, and the bills passed for consideration respecting the designs agitated there, and the appropriation of lands to persons therein described, to be
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SUPREME EXECUTIVE COUNCIL.
duly delivered out, for the information of the people, and mention- ing the receipt of Captain Bowen's certificate. The said letter also inclosed a copy of a letter from the Marquis La Fayette to Major General Lincoln, recommending the Chevalier de Lambert for a commission in the American army.
The Council taking into consideration the recommendations in favour of the said Chevalier de Lambert; and General Sinclair having informed the Board that gentlemen can be provided for in the corps of Artillery commanded by Colonel Porter,
Ordered, That the Chevalier de Lambert be appointed a Second Lieutenant in the regiment of Artillery commanded by Colonel An- drew Porter, and that the Honorable Major General Lincoln, Sec- retary at War, be requested to issue a commission accordingly.
Ordered, That the Secretary of this Board request Mr. John Dunlap to furnish thirteen copies of the new edition of the min- utes of the House of General Assembly, for the use of the Coun- cil, out of the number directed to be printed by the House.
A petition from John Abraham De Normandie, praying permis- sion to return to this State, the place of his nativity, was read and rejected
The Council met.
PHILADELPHIA, Monday, January 13, 1783.
PRESENT :
The Honourable JAMES EWING, Esquire, Vice President.
James Irvine,
Sebastian Levan,
George Wall, James Cunningham. Esquires.
John Piper,
On application, the following orders were drawn on the Treasu- rer, vizt :
In favour of John Nicholson, Esquire, Comptroller General, for one hundred and twenty-five pounds specie, being one quarter's salary due the thirteenth instant, to him as Comptroller General.
In favour of Joseph Reed, Esquire, for two hundred and fifty pounds specie, being a fee allowed by resolution of the General Assembly of the sixth day of November last, for his services as Counsel for this State in the late controversy between this State and the State of Connecticut.
In favour of the Ilonorable James Irvine, for eighty pounds ten shillings specie, amount of his account for his attendance as Coun- sellor from October the fourteenth, 1782, till January 13th, 1783, inclusive, ninety-two days.
The petition of Abraham Shinnard, convicted of manslaughter at a Court of Oyer and Terminer, held at Yorktown, for the county
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MINUTES OF THE
of York, the twenty-seventh' day of May last, was read, praying remission of his fine and imprisonment; thereupon,
Ordered, That the fine due to the State and the imprisonment, · be remitted.
The Council resumed the consideration of the case of Patrick McSherry, Jun'r, convicted of manslaughter at the said Court; and thereupon,
Ordered, That he be pardoned.
A petition from Nathaniel Forsyth, convicted of a misdemeanor at the said Court, praying remission of his fine and imprisonment, was read, together with a recommendation in his favour from two of the Judges of the said Court. On consideration,
Ordered, That the fine due to the State and the imprisonment, be remitted.
The Council met.
PHILADELPHIA, Tuesday, January 14th, 1783.
PRESENT :
The Honourable JAMES EWING, Esquire, Vice President.
James Irvine, John Piper,
George Wall, Jun'r, Sebastian Levan, S Esquires.
A petition from Anne Wilson was read, and thereupon,
Ordered, 'That a pass be granted to the said Anne Wilson, to go to New York, by the way of Dobb's ferry, and to return again.
The Council met.
PHILADELPHIA, Wednesday, January 15th, 1783.
PRESENT :
'The Honourable JAMES EWING, Esquire, Vice President. .
James Irvine, James Cunningham,
George Wall, Jun'r, Sebastian Levan, Esquires.
John Piper,
An order was drawn on the Treasurer in favour of the Honoura- ble George Wall, Junior, Esquire, for fifty three pounds seven shillings and sixpence, amount of his account for his attendance as Councillor, from the twelfth of October, 1782, till the sixteenth day of January, 1783, in., 59 days, and his mileage.
481
SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, January 16th, 1783.
PRESENT :
The Honorable JAMES EWING, Vice President.
James Irvine, John Van Campen,
George Wall, Junior, John Piper, Esquires.
Sebastian Levan, James Cunningham,
The Commissioners for the defence of the bay and river Dela- ware, laid before the Board an account for two hundred barrels of flour purchased from John and Robert Morton, and shipp'd on board the sloop Cohansey, for the relief of the prisoners at New York, belonging to this State, and requested an order in their fa- vour for the amount; whereupon,
An order was drawn in favour of John Patton, Francis Gurney, and William Allibone, Commissioners as aforesaid, for three hun- dred and sixty pounds, amount of the said account, agreeable to resolution of General Assembly of the twenty-sixth day of Novem- ber last.
The petition of Sieur Fermier, a prisoner in the gaol of York county, convicted of horse stealing in the said county, was read, praying a pardon as to the corporal punishment and fine due to the State.
Ordered, That the said Sieur Fermier be pardoned.
A letter from John McDowell, Esquire, of the third instant, ac- quainting the Council that the Reverend Mr. Finley will undertake a journey to the western frontiers, on the business which Council 1 had requested him to communicate to that gentleman.
Ordered, That the Secretary write to the Honourable John McDowell, and inform him that Council approve of the Reverend Mr. Finley as a very proper person for the said business, and that Council wish to see him before he sets out.
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MINUTES OF THE
The Council met.
PHILADELPHIA, Friday, January 17th, 1783.
PRESENT : His Excellency JOHN DICKINSON, Esquire, President. The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, Sebastian Levan, James Cunningham,
John Piper, John Van Campen, Esquires.
A committee of Congress, to wit: Hon'ble Mr. Rutledge, Mr. Wolcott, and Mr. Madison, attended in Council, and requested a conference with Council respecting certain goods seized in the county of Chester on their way to Lancaster, for the British and German prisoners of war at that place, under the protection of a flagg granted by his Excellency General Washington; which the Council agreed to, and a conference was had.
After some time spent therein the committee withdrew.
The Council met.
PHILADELPHIA, Saturday, January 19th, 1783. PRESENT : His Excellency JOHN DICKINSON, Esquire, President. The Honourable JAMES EWING, Esquire, Vice President.
James Irvine, Sebastian Levan,
John Piper, Esquires.
The following orders were drawn on the Treasurer, vizt :
In favour of Honorable John Piper, Esquire, for forty pounds specie, in part of his pay as Councillor for the county of Bed- , ford.
In favor of William Bradford, Junior, Esquire, Attorney Gen- eral, for the sum of two hundred and fifty pounds specie, being a fee allowed by resolution of General Assembly of the sixth of No- vember last, for his services in the late controversy between this State.
On consideration,
Ordered, That passes be granted to James M'Culloh, Sarah White and Mary Dunton, to go to New York, by the way of Dobbs' ferry, and to return again.
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SUPREME EXECUTIVE COUNCIL.
Mr. Atlee and Mr. S. Morris, a Committee of the House of Gen- eral Assembly, attended, and informed the Council that the House is now met and ready to receive any business the Council may have to lay before them. Upon which the Council informed the Com- mittee that a message was preparing, and should be laid before the House with all convenient dispatch.
The Council took into consideration the seizure of British goods and merchandize lately made in the county of Chester; and there- upon, the President laid before the Board a draft of a message relative thereto, which was read and approved, in the words follow- ing, to wit, vizt :
A message from the President and Supreme Executive Council to the General Assembly.
GENTLEMEN :- We think it our duty to lay before you immedi- ately the papers that will be delivered with this message. They relate to business of high importance in several respects. The rights of Congress, the authority of this State, and of the Com- mander-in-Chief, appear to be involved in the questions that arise from it; and the welfare of American prisoners of war seems to be particularly interested in them.
We have had a conference with a Committee of Congress on this affair, and learn from them that the members of that Honorable body are unanimously of opinion that the seizure is a violation of the laws of nations, and of the rights of the United States.
We have seriously deliberated on this subject, and are convinced that we are not competent to the sollicited redress.
If the determination was to be made only upon the rights of Con- gress, the general executive powers of sovereign States, and the laws of nations, our difficulty would not be so great. But the "Act for the more effectual suppression of all intercourse and com- "merce with the enemies of the United States of America," being pointed to the case that now exists, we are bound to an observ- ance of that act, and cannot presume to determine how far the directions therein prescribed, concerning the introduction of neces- sary cloathing for prisoners of war, is a violation of the laws of nations or of the rights of the United States. The decision of that point we esteem ourselves obliged respectfully to defer to your Honourable House.
JOHN DICKINSON, President. Council Chamber, Philad'a, January 18th, 1783.
Ordered, That the Secretary present the foregoing message to the General Assembly.
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The Council met.
PHILADELPHIA, Monday, January 20th, 1783.
PRESENT :
The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, John Piper,
John Van Campen, ? Esquires. Sebastian Levan,
On application, an order was drawn on the Treasurer in favor of Henry Osborne, Esquire, for one hundred and fifty pounds specie, being a fee allowed by resolution of the General Assembly of the sixth of November last, for his services in the late controversy be- tween this State and the State of Connecticut as Sollicitor.
The Council met.
PHILADELPHIA, Tuesday, January 21st, 1783. PRESENT :
His Excellency JOHN DICKINSON, Esquire, President. The Honorable JAMES EWING, Esquire, Vice President. James Irvine, John Piper,
John Van Campen, James Cunningham, S Esquires.
On application,
An order was drawn on the Treasurer in favor of Colonel Lewis Farmer, for eleven pounds and six pence specie, for cloathing fur- nished to Captains Boyd and Stokely, for four privates belonging to their Ranging companies, for which Colonel Farmer is to account.
The report of the Agents appointed by the State in the late con- troversy between this State and the State of Connecticut, was read.
A Committee of the General Assembly and a Committee of Congress, together with Council, being met in the Council Chamber, entered into conference upon the seizure of a quantity of goods, said to be cloathing for the British prisoners under the protection of a flagg granted by His Excellency General Washington. After a free conference on the subject, and the sentiments of each under- stood, the Committees withdrew.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Wednesday, January 22nd, 1783. PRÉSENT :
His Excellency JOHN DICKINSON, Esquire, President. The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, Sebastian Levan,
James Cunningham, John Piper, Esquires.
Ordered, That Captain Joseph Stiles, Commissary of Military Stores, be directed to make a return to this Board of all military stores now in his possession, belonging to this State; also of all stores delivered out by him, at what time the same have been de- livered, and the names of the persons to whom delivered ; and that the said return be made with all convenient dispatch.
The Committee of the House of General Assembly and Doctor Gardner, Mr. Bell; Colonel Hannum, Mr. Frazier and Mr. Boyd, met in the Council Chamber. The President opened the confer- ence by stating what had passed yesterday, and further conference being had, adjourned till to-morrow, eleven o'clock.
The Council met.
PHILADELPHIA, Thursday, January 23rd, 1783. PRESENT : His Excellency JOHN DICKINSON, Esquire, President. Honourable JAMES EWING, Esquire, Vice President.
James Irvine, Sebastian Levan,
John Piper, John Van Campen, Esquires.
James Cunningham,
A letter from Adam Orth, Esquire, Sub-Lieutenant of the county of Lancaster, dated the thirteenth instant, was read, in which he proposes a certain court to be held for inquiry, respecting militia fines, under the agreement of the Council, &ca. On considera- tion,
Ordered, That he be informed that the militia law is to be his guide in all cases whatsoever respecting the militia.
The Committee of the House of General Assembly and the Com- mittee of Congress attended in Council. The Council and the said Committees resumed the conference, and after some time spent thereon, a draft of a representation to Congress being proposed,
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MINUTES OF THE
Colonel Hannums, Colonel Frazier and Doctor Gardner signed the same, referring the case to Congress.
The Council met.
PHILADELPHIA, Friday, January 24th, 1783.
PRESENT :
His Excellency JOHN DICKINSON, Esquire, President.
Honourable JAMES EWING, Esquire, Vice President.
James Irvine, John Piper,
James Cunningham, John Van Campen, S Esquires.
A letter from Monsieur Marbois, Consul of France, requesting that ninety-eight barrels of gun powder, on board the ships of his most Christian Majesty, now in port, may be received into the magazine, to avoid the danger of fire while those ships remain in the harbour, and that it be kept apart from any other powder. On consideration,
Ordered, That Captain Joseph Stiles, Commissary of Military Stores, be directed to receive the said powder ; that he keep it apart from other powder, and take care that a proper guard be continued over the magazine.
A letter from William Wikoff and Lardner Clark, requesting a pass to Fort Pitt, and from thence down the river Ohio, for them- selves and a quantity of merchandize imported into this State ac- cording to law, was read ; and on consideration,
Ordered, That the said pass be granted.
A petition from Mr. Henry Wynkoop, praying permission to go into New York and to return again, was read; and on consideration,
Ordered, That a pass be granted to him to go to New York, by the way of Dobbs' Ferry, and to return again.
The Council taking into consideration the business proper to be laid before the General Assembly at this session, the President in- formed the Board that he had prepared a draft of a message, which was read ; and on consideration,
The same was agreed to in the words following, vizt :
A message from the President and the Supreme Executive Council to the General Assembly :
GENTLEMEN :- We heartily congratulate you on the recovery of Charlestown, and the final determination of the controversy between this State and that of Connecticut in our favor, by the unanimous judgment of the Commissioners.
The first of these events will be attended with very happy con- sequences to the Union in general, and in particular to the patriotic
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SUPREME EXECUTIVE COUNCIL.
citizens of a sister State, whose sufferings have only been exceeded by their virtue.
The second is highly interesting in every point of view. The peaceable and conclusive settlement of a dispute between two such powerful sovereign States, concerning a large and valuable territory, and the jurisdiction over it, casts a light upon the American char- acter, the martial spirit of which has been fully and recently dis- played, that must attract the attention and esteem of the world.
This uncommon occurrence will furnish to the good and wise a pleasing page in the mournful history of human discords, and we fervently wish, for the repose of mankind, it may be deemed wor- thy of imitation.
It reflects great honor also on the confederation by yielding a memorable proof of its political energy, having been accomplished in the mode thereby prescribed, and strengthens the bands of the Union, by evincing that it is the best protection against internal mischiefs, as well as against external dangers. Thus the fears of the apprehensive who expected, and the hopes of the disaffected who wished for confusions, are dissipated, and an agreeable presage is formed of the like salutary effects attending similar contests in fu- ture, which cannot fail of giving the firmest stability to the whole system of our affairs. By such a temper and conduct, the United States will exhibit a very singular and truly dignified example of a people who have wisdom and virtue enough not to waste in civil convulsions, the happiness and glory acquired by a successful oppo- sition to their foreign enemies, the fatal gulf in which so many na- tions have been lost.
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This determination will be of the utmost importance to the pros- perity of Pennsylvania, if all the benefits are derived from it that probably may be obtained by a prudent management.
We have issued a proclamation for preserving peace, and for qui- eting the minds of the people, on the lands lately disputed, a copy of which, together with other papers relating to this affair, shall be immediately sent. We rely on the Legislature that such farther measures will be adopted as shall be most advisable, for improving the decision that has been made to the best advantage.
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