USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XIII > Part 41
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The Secretary will lay before you, gentlemen, letters from the Minister of France, of the tenth and nineteenth instant, from the Commander-in-Chief of the twelfth, from the Financier of the twentieth, from the Secretary of War of the seventh of November and eleventh of December, from the Secretary of Foreign Affairs of the twenty-third, from the Commissioners for the defence of the navigation in the bay and river Delaware of the thirteenth, and from the Commissioners for the city and county of Philadelphia of the nineteenth of the same month.
The most important intelligence we have received relates to the negotiations at Paris. When all circumstances respecting them are deliberately weighed and compared with past transactions, it re-
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mains utterly uncertain what the conclusion will be. Policy dic- tates but a single resolution on the part of America, and that is to make strenuous efforts for continuing the war.
We have judged it our duty to exert all the powers with which we are invested for compleating the line of this State to three re- giments of Infantry, besides the Artillery and Dragoons, by the opening of the next campaign, as will appear by our act of the tenth of December last, herewith transmitted. An act of Congress of the thirty-first of December on that head.
We shall sincerely rejoice if these intentions can be carried into . execution in time, as the line will be rendered more respectable, and several valuable and experienced officers will be employed.
Before we quit this subject, we cannot forbear mentioning with the tenderest concern, the case of retiring officers of our line. Af- ter bravely and patiently encountering every danger and difficulty for many years in the cause of their country, their former methods of life totally deranged, their fortunes injured or exhausted, their constitutions; in many instances, impaired, to be thrown unpaid and unprovided for upon experiments for the subsistence of them- selves and their families, must be deeply distressing to persons who feel any sentiments of gratitude and benevolence. Permit us to recommend them in the warmest manner to your Honourable body.
From some late proceedings, it appears too probable, unless the Na- tional Council can happily devise some effectual mode of removing difficulties, that a necessity.will succeed of satisfying the demands of Justice and humanity, on a more divided, and perhaps, less poli- tic plan, than has been wished for and attempted.
In whatever manner those and other exigencies are to be answer- ed, it is essential to the welfare of the Commonwealth that the af- fairs of revenue should, with all possible dispatch, be placed in the clearest order, and fixed on a perfectly economical arrangement. To lay a solid foundation for subsequent operations, it is absolutely necessary that all former accounts and past expenditures of publick monies should be speedily adjusted. These, and all that shall fol- low, should be laid before our constituents immediately, as they are respectively adjusted, and with as much particularity as the nature of them will admit. A free people have a right to see them and to judge of them. By such means their entire confidence in pub- lick measures will be gained ; and they will not only bear, but be pleased to bear, their several shares of publick burthens, when they find that what they pay is quickly and truly accounted for, and has been faithfully and prudently applied to their service. This, we are convinced, is the generous disposition of the people of Penn- sylvania. Such regulations tend directly to the establishment of publick credit on a firm basis. Another step towards it is not to suffer those to be disappointed who have relied upon the faith of the State. This observation reminds us of the officers and soldiers
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who have retained their certificates, and we earnestly wish the Lc- gislature to consider whether it will not be, as it appears clearly to us, just, and taking into view circumstances that may hereafter occur, expedient to make a distinction between such officers and soldiers, and their executors and administrators, and the holders of certificates by purchase. We apprehend that this distinction will produce exceedingly extensive and beneficial consequences.
The selection of taxes, and equality in laying them, are matters of vast moment .. The former of these objects employed the thoughts of the late Assembly for some time. Both of them deserve a most serious investigation.
We have made several promotions in pursuance of the act of Con- gress of the twentieth of last November, and have directed a copy of our order thereon to be communicated.
The distresses of the marine prisoners belonging to this State, at New York, engaged our early and careful attention. And we have the pleasure to inform you that a flag vessel has arrived there from this port, with two hundred barrels of flour and other articles for their relief. The Secretary will present to you three letters re- specting this business.
From a desire to give as much efficacy as we could to your good intentions, we have sent a large number of copies of the act inti- tled " An Act to prevent the erecting any new and independent State within the limits of this Commonwealth," and of the bill intitled " An act for the sale of certain lands therein mentioned, for the purpose of redeeming and paying off the certificates of de- preciation given to the officers and soldiers of the Pennsylvania line, or their representatives, 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," by gentle- men of reputation, to the counties of Bedford, Westmoreland, and Washington, to be distributed among the inhabitants.
The laws require amendments in several instances. A just re- spect for the interests of his Most Christian. Majesty induces us, in the first place, earnestly to recommend the passing as soon as it can be done, and act for preventing the desertion of French sailors from the vessels to which they belong, and for punishing who shall encourage such desertión.
The acts now existing that relate to this point are very defec- tive.
This city is now become a place of such resort, which seems to be daily increasing, that we request the General Assembly to delib- erate on the establishment of a compleat police for its government.
We should be glad if the collection of taxes and fines could be made easier and less expensive, and if irregular and oppressive proceed- ings therein, which we have reason to believe too often have hap- pened, could be prevented.
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The militia laws should be reduced into one act. They require great alteration, for rendering them more efficient and less expen- sive. It appears to be a hardship upon retiring officers who con- tinue in some measure annexed to the army, and other circumstances being considered, that they should be liable to common militia du- ties.
We think it extremely proper that acts should also be passed for making the decisions on references by rule of court, more similar to trials by jury ; for quieting titles after long possession ; for pre- venting unnecessary county expenses ; and for regulating fees and preventing extortion. An act for this last purpose should be drawn with such precision as to take away all evasions from offenders, and so generally made known that the innocent may not be preyed upon by their ignorance of the injuries done them.
Gentlemen-We judged it sufficient thus briefly to suggest our ideas. If they are thought proper to receive such improvements as your wisdom can give them, we shall be amply rewarded for our care by your approbation, and by the benefits which, in conse- quence, will be conveyed to our fellow citizens.
JOHN DICKINSON.
COUNCIL CHAMBER, Philadelphia, January 23rd, 1783.
Ordered, That the Secretary present the said message, with the papers therein mentioned, to the Speaker of the General As- sembly.
Ordered, That a pass be granted to Christopher Wighner to go to Boston, in the State of Massachusetts, with one team, loaded with iron, and to return.
The Council met.
PHILADELPHIA, Saturday, January 25, 1783.
PRESENT;
His Excellency JOHN DICKINSON, Esquire, President. Honorable JAMES EWING, Esquire, Vice President.
James Irvine, John Van Campen,
John Piper, James Cunningham, Esquires.
The resolves of Congress of this day, respecting the goods im- ported in the ship Amazon, being read ; on consideration,
Ordered, That agrecably thereto, Mr. John Purviance, of this city, merchant, be appointed to examine, in conjunction with such person or persons as shall be appointed by the Assistant Secre-
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tary at War, such of the said goods as have not been delivered to the British or German prisoners of war, and that he be requested to undertake it accordingly.
The Council met.
PHILADELPHIA, Monday, January 27th, 1783. PRESENT :
The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, James Cunningham, ?
John Van Campen, John Piper, Esquires.
The resignation of Mr. John Purviance of his appointment to examine British goods and merchandize of the twenty-fifth instant, was received and read, and the same was accepted.
The resolves of Congress of the twenty-fourth instant, respect- ing goods imported in the ship Amazon, being read ; on considera- tion,
Ordered, That agreeably thereto, Alexander Boyd, Esquire, be appointed to examine, in conjunction with such persons as shall be appointed by the Assistant Secretary at War, such of the said goods as have not been delivered to the British or German prisoners of war, and that he be requested to undertake it accordingly.
On application,
An order was drawn on the Treasurer of the State in favour of the Honorable George Clymer, for four hundred and eighty-eight pounds in specie, in full for his attendance in Congress as a dele- gate for this State from November, 1781, till November, 1782.
Ordered, That the Secretary call upon Mr. Rittenhouse, and re- quest him to inform the Council what deficiencies there are in the payment of monies arising from the last sale of city lots.
The Council met.
PHILADELPHIA, Tuesday, January 28th, 1783.
PRESENT :
His Excellency JOHN DICKINSON, Esquire, President.
The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, John Van Campen, r John Piper, Sebastian Levan,
James Cunningham, James Potter, Esquires.
A letter from Brigadier General Irvine, dated Fort Pitt, January the 1st, 1783, inclosing his accounts of the money sent to him by
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the hands of Colonel Carnaghan, by which it appears that the sum of twenty-one pounds eleven shillings and three pence had been ex- pended by him in small unavoidable expences ; that the sum of two hundred and thirty six pounds and seven shillings had been expended in provisions, which sums was to be transferred to ac-' acount of the contractor, and that there remained in his hands, subject to the draft of Robert Morris, Esquire, Financier General, according to order of Council, the sum of twelve hundred and twenty-four pounds six shillings and ten pence.
A certificate that Ensign James Gamble was intitled to a first Lieutenant's commission, bearing date the first day of January, 1781, signed by Colonel Humpton, and a certificate, signed by Colo- nel Andrew Porter, that the granting to Ensign Gamble the said commission, and bearing the said date, will not interfere with the Lieutenants belonging to the regiment, were read ; whereupon,
Ordered, That notwithstanding the order of this Board of the twenty-fourth of December last, it be now recommended to the Sec- retary at War to date the commission of first Lieutenant to Mr. Gamble on the first day of January, 1781.
On application,
An order was drawn on the Treasurer in favour of Philip Mars- teller, Esquire, Paymaster of the county of Lancaster, for the sum of two thousand pounds specie, out of the monies arising from militia fines in the said county, for the purpose of paying the mili- tia of the said county of Lancaster.
Ordered, That the complaints against Matthew Smith, Esquire, Prothonotary of the county of Northumberland, be heard to-mor- row at eleven o'clock; that notice be given to Mr. Smith and Mr. Buyers; that they be informed counsel will be allowed, and that witnesses named by either party will be summoned by Council at their request.
An account of Doctor Joseph Eaker being read, was referred to the Comptroller General, who is requested to consult Doctor Hutch- inson as to the charges thereupon.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Wednesday, January 29th, 1783.
PRESENT :
His Excellency JOHN DICKINSON, Esquire, President.
The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, Sebastian Levan,
John Van Campen,
James Cunningham, Esquires.
John Piper,
James Potter, -
On application,
An order was drawn on the Treasurer in favour of John Nichol- son, Esquire, Comptroller General, for the sum of five hundred 0 pounds, State money of the seventh of April, 1781, for paying one- third of depreciation certificates to officers and soldiers of the Penn- sylvania line, agreeable to Act of Assembly passed the thir- teenth day of April, 1782, for which the said Comptroller General is to account.
The petition of Peter Dill, convicted of felony in stealing one sorrel gelding, at a Court of General QuarterSessions of the Peace held at Carlisle for the county of Cumberland, in April last, was read, praying remission of his fine ; on consideration,
Ordered, That the fine adjudged to be paid to the use of the State by the said Peter Dill be remitted ..
Agreeable to the order of the day, the Council agreed to proceed to hear the charges against Mattliew Smith, Esquire, Prothonotary of the county of Northumberland, as to misbehaviour in his office, and irregularity of behaviour ; whereupon,
Matthew Smith, Esquire, and John Buyers, Esquire, appearing, and the resolve of Council of the tenth of December last being read, Mr. Buyers prayed a further day, he not being prepared to prosecute.
Mr. Smith, by his attorney, read a letter from Mr. Buyers, upon the subject matter of the prosecution, declared himself ready for his defence, and prayed the cause might be now heard and determined ; stating the case of the alteration of the record, as having been done in open Court, in the settling of the docket, with the consent of the attorney of the plaintiff, and in the hand-writing of the practising attorneys of the Court, which fact he was ready now to support. Mr. Buyers read a letter from Mr. Smith.
The parties having withdrawn, the Council conferred on the pro- posed further day of hearing.
General Potter informed the Council that he had on the eigh- teenth day of December, delivered to the parties the order of Coun- cil of the tenth day of December, that he stood well informed a
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day had been appointed to hear the witnesses, and Mr. Buyers not being then ready, a further day was also appointed, and such depo- sitions taken as were then offered. On consideration,
Ordered, That the reasons assigned by Mr. Buyers, for his re- quest of a further day, were insufficient, and therefore, that if Mr. Smith insisted on the hearing being now had, the Council will pro- ceed therein. But that it would be proper to propose to the con- sideration of Mr. Smith, how far it will be his interest to proceed at this time, the whole case considered.
The parties being called in, the said order of Council was deli- vered to them by the President.
Mr. Smith retired with his counsel, and returned, prayed the Council would proceed, as the distance at which he lived was very great, and the expence considerable; and the income of his office not being sufficient to enable him to employ a clerk, the business must of course stand still in his absence. And he conceived the whole facts would clearly appear from the evidence he should pro- duce, to the satisfaction of the Board.
The entry of the suit against William Maclay, Esquire, was then read, and a case of false entry, and the evidence on both sides heard. The case of a former entry was opened.
The President then stated the charge of irregularity of beha- viour. Mr. Buyers said that not being prepared, he did not chuse to say anything to this charge.
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The Council met.
PHILADELPHIA, Thursday, January 30th, 1783.
PRESENT : .
His Excellency JOIN DICKINSON, Esquire, President. The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, James Cunningham,
John Van Campen, James Potter, Esquires.
John Piper,
Ordered, That the Secretary desire the Treasurer to lay before Council an account of all fines received by him since the twenty- first day of June, 1781, particularizing the sums, names of the persons from whom received, and the times of payment.
Ordered, That the Secretary request Colonel Richard Humpton to report to Council, with all convenient dispatch, the present state of the recruiting service.
The Council resumed the consideration of the complaint against Colonel Matthew Smith, for misbehaviour in his office of Prothono- tary of the county of Northumberland ; and thereupon,
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SUPREME EXECUTIVE COUNCIL.
Ordered, That the said complaint be dismissed, it being the unanimous opinion of this Council that the charge against Mr. Smith, of misbehaviour in his office, is not well supported.
The Council resumed the consideration of the case of Anne Mar- tin, confined in the old gaol, convicted of bigamy, and sentenced to be publickly whipp'd and imprisoned during her life ; and there- upon,
Ordered, That the punishment of whipping be remitted.
The petition of Jacob Snyder, convicted of a misdemeanor in the county of Lancaster, in aiding British prisoners to escape, praying this Board to take his case into consideration, and remit such part of his fine as may be deemed fit and proper ; a recom- mendation from the Honorable Chief Justice being also read ; on consideration,
Ordered, That two-thirds of the fine due to the State be remitted.
A petition from Joshua Evans, in behalf of himself and his brother Joel Evans, setting forth their claim to two city lots, ap- purtenant to the original purchase of Henry Wright and Rees Redrah, and praying that the same may be laid out, was read.
Ordered, That the said petition be sent to the Surveyor Gene- ral, and that he be directed to examine the records of his office respecting the said claim, and report to Council thereon as soon as may be.
The Council met.
PHILADELPHIA, Friday, January 31st, 1783. PRESENT : 1
5
His Excelleney JOHN DICKINSON, Esquire, President. .
The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, John Piper,
George Wall,
James Potter, Esquires.
John Van Campen, John M'Dowell,
Ordered, That the Secretary write to John William Annis and Jacob Bunner, and request their attendance in Council to-morrow morning at eleven o'clock, on publick business.
On application,
An order was drawn on the Treasurer in favour of Frederick Sneyder, for the sum of fifteen pounds sixteen shillings and six pence, amount of his account for wages as Door-keeper till thirty- first day of January, 1783, and sundry small expences for news- papers.
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The Council met.
PHILADELPHIA; Saturday, February 1st, 1783.
PRESENT :
His Excellency JOHN DICKINSON, Esquire, President. The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, John Piper, ? Esquires.
Sebastian Levan, James Potter,
John Van Campen,
John McDowell,
James Cunningham,
The Council taking into consideration the case of Egidius Wand, Emanuel Casher, and. Haunce Scoffield, now confined in the old gaol;
Ordered, That the fines adjudged to be paid to the use of the State by the said Egidius Wand, Emanuel Casher, and Haunce Scoffield, be remitted.
The report of the Comptroller General on the account of Wil- liam Bradford, Junior, Esquire, Attorney General, was read and approved ; and thereupon,
An order was drawn on the Treasurer in favour of William Brad- ford, Junior, Esquire, for thirty-seven pounds six shillings and seven pence specie, ballance of his account of monies paid by him towards defraying the half part of the pay of the Commissioners in the late controversy between this State and the State of Con- necticut, and the expences of the Agents and Solicitor of this State in the said controversy.
The report of the said Comptroller General on the account of Philip Marsteller, Esquire, was read and approved.
On application, ·
The following orders were drawn on the Treasurer of the State, vizt :
In favour of Mr. Francis Bailey, and Captain James Lang, for fifteen shillings specie, ballance of their account for bringing State prisoners from Virginia to Lancaster, in the year 1778, agreeable to order of Council dated in April, 1778.
In favour of the Honourable Sebastian Levan, Esquire, for fifty. four pounds five shillings, amount of his account for his attendance in Council from the first day of December, 1782, till the thirty- first day of January, 1783, inclusive.
Ordered, That a pass be granted to John Fisher, to go to Hack- insack, in the State of New Jersey, and to return.
A committee of conference from the General Assembly, respect- ing the recruiting service, attended in Council, and a conference was thereupon had.
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A committee of conference from the General Assembly, respect- ing the Wyoming lands, and guard's being removed by his Excel- lency General Washington, attended in Council, and a free confer- ence being had, it appeared to be the unanimous sentiment that two gentlemen be appointed on the part of the committee of the House, and two gentlemen on the part of the Council, to confer together on the subject, and digest the sentiments which have been expressed thereupon. On the part of the committee, Mr. Montgom- ery and Mr. Hill, were named; on the part of Council, the Vice President and General Irvine. It appeared to be the unanimous sense of the gentlemen in conference, that Captain Shrawder's and Captain Robinson's companies of Rangers be sent to Wyoming as soon as possible, to replace the guards removed by General Wash- ington.
A petition from Arthur Helme, praying a restoration of certain merchandize forfeited to the State, was read. On consideration,
Ordered, That the same be referred to the Judges before, whom the cause was tried, for their opinion, whether the evidence thereon afforded reason to believe that Arthur Helme was privy to any fraud in the manner of introducing the goods from New York.
The Council met.
PHILADELPHIA, Monday, February 3rd, 1783.
PRESENT :
His Excellency JOHN DICKINSON, Esquire, President.
The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, John Piper,
George Wall, John Van Campen, Esquires. John McDowell, James Cunningham,
Ordered, That Mr. Thomas Holmes be requested to attend in the Council chamber to-morrow forenoon, at eleven o'clock, on busi- ness respecting his petition, now before the Board.
On application,
An order was drawn on the Treasurer in favour of Honorable Samuel John Atlee, for two hundred and thirty-eight pound's four- teen shillings, in full for his attendance in Congress till the twenty- eighth day of October, 1782, and his mileage.
The report of the Comptroller General on the account of Daniel Evans, for smith's work, for the use of the State, in the year 1777, was read and approved.
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The Council met.
PHILADELPHIA, Tuesday, February 4th, 1783.
PRESENT : His Excellency JOHN DICKINSON, Esquire, President.
The Honorable JAMES EWING, Esquire, Vice President. The Honourable James Irvine, John Van Campen, 1
George Wall, James Cunningham, Esquires.
John Piper, John McDowell,
Thomas Holmes attended in Council agreeable to order of yes- terday; Doctor James Tate also attended; and Mr. Holmes being examined respecting misconduct and unfairness in the sale of Alex- ander Bartram's estate, in Bucks county, as set forth in his peti- tion to this Board, declared he was not present at the sale, nor did he know of any unfair practices, but that he was deceived by the person employed by him to purchase, and then withdrew ; where- upon.
The Council taking the said petition into consideration,
Ordered, That the same be dismissed.
Ordered, That a pass be granted to Mary Gilbert, to go to New York, by the way of Dobb's ferry, and to return again.
This day being appointed for the meeting of the Board of Pro -. perty, (having been postponed from yesterday,) the Honourable the Vice President, and Doctor John McDowell, agreed to meet the other members of the said Board.
The Council met.
PHILADELPHIA, Wednesday, February 5th, 1783. PRESENT : His Excellency JOHN DICKINSON, Esquire, President. The Honorable JAMES EWING, Esquire, Vice President.
The Honorable James Irvine, James Cunningham, John McDowell, John Piper, John Van Campen, S Esquires. On application,
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