USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XIII > Part 53
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Resolve, That the directions contained in the Secretary's O letter of the twenty-fifth of July be adopted, and that Colonel Henry be desired to release the said George Miller from his confinement ac- cordingly.
The letter is as follows, to wit :
SIR :- Upon the petition of George Miller, the members of Council present conceive .that an assignment of thirteen pounds fourteen shillings and ten pence, the sum for which he has been arrested, should be made to you upon the credit of the sum due to the said Miller for military services. This assignment accepted, Council agree that the said Miller may be released from his con- finement.
I am, sir, with the utmost respect, your obedient and very hum- ble servant,
COLONEL WILLIAM HENRY.
JOHN ARMSTRONG, Junior, Secretary.
The Comptroller General, by a letter of this day, informed the Council that he had discovered that before the granting the order VOL. XIII .- 41.
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of July the eighth, Colonel Philip Greenawalt had been paid in full for his services as 'Town Major of Lebanon, in Lancaster coun- ty, and that the entry of the said order is reversed in his books. Ordered, That the same be now cancelled.
The Council met.
PHILADELPHIA, Tuesday, August 12th, 1783.
PRESENT :
The Honorable JAMES EWING, Esquire, Vice President.
The Honorable James Irvine, John Byers,
James Potter,
Sebastian Levan, S
Esquires.
Upon the petition of George Wrightsman, convicted of keeping a tipling house at the last city court,
Ordered, That the fine of ten pounds adjudged to be paid to the use of the State by the said George Wrightsman, be remit- ted.
An order was drawn on the Treasurer in favour of Richard Flem- ing, for five pounds specie, being two months' pay advanced to him as a soldier belonging to Captain Thomas Stokeley's company of Rangers in Westmoreland county, to defray his expences to said county, he having just returned from captivity, for which sum he is to account, to be paid out of the fund appropriated to the fron- tier defence.
Passes to Westmoreland county were granted to Richard Flem- ing & William Marshall.
Note .- That no fees were received.
The Council met.
PHILADELPHIA, Wednesday, August 13th, 1783.
PRESENT : His Excellency JOHN DICKINSON, Esquire, President. The Honorable JAMES EWING, Esquire, Vice President. James Irvine, James Potter,
John Byers, Sebastian Levan, Esquires.
In consideration of the long confinement of Anne Martin, Ordered, That her farther imprisonment be remitted.
The Comptroller General's reports in favour of the following officers and soldiers were read and approved, and an order drawn
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SUPREME EXECUTIVE COUNCIL.
for the interest due to each on the tenth day of April, 1782, as computed by him, to be paid out of the monies arising from the excise appropriated for the discharge of interest due upon depreci- ation certificates, vizt :
Principal.
Interest.
James Wining, private in the second re- giment,
84 16
7
5 1 8
29 14
9
1 15
8.
8
9
1 17 8
62 18
8
3 15
4
59
1
7
3 10 10
40 14
5
2
8
9
Doctor John Duffield, Surg'ns Mate, Gen'l Hospital,
250 2
31
21 0 1
Stacey Williams, private in the sixth regiment,
55
7
4
3 6 5
James Patterson, Quarter Master's Ser- jeant Proctor's do.,
93
5
1
5 11 10
Daniel Broadhead, Esquire, Colonel of ¿ eighth do.,
341 9 6
20 9 8
William Warner, private in the second do.,
58 11
7
3 10
3
Patrick Norton, private in the tenth do ,
59.3
1
3 10 11
John King, a Dragoon of Cavalry,
29
7
8
1 15.3
Joseph Oliver, Corporal of Artillery,
69
4
62
4 2 11
James Butler, late a Corporal in the 11th reg't,
61
9
1
3 13
8
Joseph Jacobs, Drummer in the sixth regiment,
43. 0 2
2 11
7
58 14 11 +
3 10 1
A draft of a proclamation was laid before the Board, which being read was agreed to, in the following words, to wit :
By the President and the Supreme Exe utive Council of the Com- monwealth of Pennsylvania.
A PROCLAMATION.
WHEREAS, Divers ill disposed persons have manufactured or imported into this State quantities of base metal, in the similitude
Lieutenant Henry Piercy, of do. do. do. James Campbell, of first do. Hugh Gowans, Quarter Master Serjeant, Baltzer Barge, private of the second do.,
Robert McDonald, private of fifth do., William McElhatton, Fifer Invalid do.,
18
1
6
1 1 8
Thomas Alexander, Bombadier Artillery Artificers,
66 12 4
3 19 10
Robert, the brother and administrator of Francis Davidson, late private in the sixth regiment,
31
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of British half pence, but much inferior in value and weight to genuine British half pence, to the great injury of the community in general, and the poor in particular, such practices having a natu- ral tendency to raise the prices of the necessaries of life, and in- troduce confusion in the currency of the country : We have there- fore thought proper to prohibit, and do hereby strictly enjoin all officers employed in the receipt of taxes or other public dues, not to receive half pence of such base metal in any payments whatso- ever, earnestly recommending to all the faithful inhabitants of this State to refuse it in payment, and by all other lawful ways and means, discourage the currency thereof, and hereby offering a pub- Jic reward of fifty pounds in specie, for each and every person of- fending in the manner aforesaid, to be paid on conviction for the same, to any person or persons who shall apprehend and secure the said offenders, or any of them : And we do in a special manner direct, and enjoin all Judges, Justices, Sheriffs, Constables, and other civil officers within this State, to make due inquiry after of+ fenders in the premises, that they may be hrought to speedy and condign punishment.
Given in Council, under the hand of the President and the seal of the State, at Philadelphia, this thirteenth day of August, in the year of our Lord one thousand seven hundred and eighty-three. JOHN DICKINSON. Attest :- JOHN ARMSTRONG, Jun'r, Secretary. GOD SAVE THE COMMONWEALTH.
The President laid before the Board a draft of a Proclamation, which was agreed to, in the following words, to wit :
By the President, and the Supreme Executive Council of the Commonwealth of Pennsylvania.
A PROCLAMATION.
WHEREAS, Divers disorderly persons have lately, in contempt of the laws of this State, presumed to measure, survey, or locate claims, or to settle upon vacant or unappropriated lands, situate northwardly of the west branch of the river Susquehanna, and westwardly of the river Ohio, and frequently impose upon the un- wary by selling pretended rights to such lands : We do hereby strictly charge and enjoin all persons who have settled as aforesaid, immediately to remove from such lands ; and in like manner we do hereby prohibit any person or persons to measure, survey, or locate claims, or to settle upon the lands aforesaid, or any part thereof, or any other vacant or unappropriated lands belonging to this State ; and all Judges, Justices, Sheriffs, and other officers, and all well disposed persons, are hereby earnestly required to use their utmost
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SUPREME EXECUTIVE COUNCIL.
endeavours to prevent and discourage all such irregular proceed- ings, and to inforce a due obedience to the laws of this Common- wealth.
Given in Council, under the hand of his Excellency the President and the less seal of the State, at Philadelphia, this thirty-first day of July, in the year of our Lord one thousand seven hun- dred and eighty-three.
JOIIN DICKINSON.
Attest-JOHN ARMSTRONG, Jun'r, Secretary. GOD SAVE THE COMMONWEALTH.
The Council met.
PHILADELPHIA, Thursday, August 14th, 1783.
PRESENT :
Honorable JAMES EWING, Esquire, Vice President.
The Honorable James Irvine, John Byers, Esquires. James Potter, and Sebastian Levan,
Upon the Comptroller General's report, that many non-commis- sioned officers and soldiers of the Pennsylvania line have not yet drawn the gratuity provided by a vote of the General Assembly of the eighth day of March, 1781,
Resolved, That an order be drawn in favour of John Nicholson, Esquire, Comptroller General, for the sum of one hundred pounds, State money of the seventh day of April, 1781, for the purpose of discharging the said gratuity-he to be accountable.
A letter from Monsieur Marbois, inclosing a second memorial from J. B. Orie, upon the subject of the cargo of the ship Count D'Estaing, was read.
Upon the Comptroller's report on the account of Archibald Mur- phy, a soldier,
Resolved, That an order be drawn on the Treasurer in favour of the said Murphy, for the sum of twenty dollars in specie, to be paid out of the monies arising from the class tax appropriated to the recruiting service.
A letter from Captain Schrawder, at Wyoming, of the thirtieth ultimo, and inclosures, were read.
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The Council met.
PHILADELPHIA, Friday, August 15th, 1783.
PRESENT : -
His Excellency JOHN DICKINSON, Esquire, President. The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, John Van Campen,
George Wall, Junior, John McDowell, 1 Esquires. John Byers,
The following orders were drawn on the Treasurer, vizt :
In favour of Griffith Evans, for the sum of thirty seven pounds ten shillings specie, being one quarter's salary as Assistant to the Comptroller General, ending the fourteenth instant
In favour of James McMahan, for the sum of fifty-nine pounds eight shillings and nine pence, State money of the seventh of April, 1781, in full of two certificates of flour and beef furnished for the use of the public.
In favour of William Shaw, Esquire, for the sum of two hun- dred and eighty-five pounds eighteen shillings and four pence, State money of the seventh of April, 1781, in full of two certificates of provisions furnished for the use of the public-the two latter to be paid out of the fund appropriated by resolution of the General As- sembly dated eighth of April, 1782.
A deed was examined and signed by the President to John Max- well Nesbitt, for eleven lots or parcels.of land situate in the county of Philadelphia, sold agreeable to law, as the forfeited estate of An- drew Elliott, an attainted traytor. during the term of his natural life, for the sum of fourteen thousand six hundred and forty pounds, lawful money of Pennsylvania. Deed dated this day.
. The Council met.
PHILADELPHIA, Saturday, August 16th, 1783.
PRESENT : His Excellency JOHN DICKINSON, Esquire, President.
The Honorable JAMES EWING, Esquire, Vice President. The Honorable James Irvine, John Byers, Esquires.
John Van Campen, George Wall, Jun'r, S
Mr. George Gray, and Mr. John Steinmetz, a committee from the General Assembly, waited upon Council and informed them that
t
617
SUPREME EXECUTIVE COUNCIL.
they had now made a House, and were ready to receive any mes- sage which Council might have prepared for them.
. The commission of Justice. of the Peace for the county of Cum- berland, was ordered to issue to James Burns, Esquire, upon a return made agreeably to law
A letter from Mr. McGaughey of the county of Bedford, advis- ing that he cannot accept the appointment of Excise office for the said county, was read.
The Council met.
PHILADELPHIA, Monday, August 18th, 1783. PRESENT :
His Excellency JOHN DICKINSON, Esquire, President.
The Honorable JAMES EWING, Esquire, Vice President. '
James Irvine, John McDowell,
John Byers, James Potter,
George Wall, Jun'r,
Sebastian Levan,
Esquires. .
John Van Campen,
Ordered, That the Secretary be directed to wait upon the As- sembly, and inform them that the business Council wish to lay be- fore them, will be ready early on to-morrow.
A letter from the Minister of France, inclosing the memorial of the French merchants settled in Philadelphia, was read.
A letter from the Commissioners of the Taxes for the county of Cumberland, was read.
The two following messages to the General Assembly were brought in by the President, read and approved, vizt :
A message from the President and the Supreme Executive Coun- cil to the General Assembly ..
GENTLEMEN :- At length the arduous contest for the freedom and independence of America is decided in her favor, and we heartily congratulate you on the Articles of Peace, and the cessation of hostilities between the United States and Great Britain, and be- tween the other belligerent Powers and that Kingdom, whereby a stop is put to the further effusion of blood, and the calamities that always attend upon war.
Our most ardent and devout thanks are due to the Supreme Ruler of the Universe, for this great disposition of events in which we and our posterity are so deeply interested; and it should be our determined resolution, with a humble sense of our unworthiness, to manifest our grateful veneration for the Divine Author of such
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a deliverance as this, by an improvement of it to the best of pur- poses, and by an habitual tenor of life that may be pleasing in his sight.
Our inattention would be inexcusable, if, on this great occasion, we should not warmly acknowledge how much we are indebted for our success, under Providence, to the friendship of our august Ally and the gallantry of his troops, and to the persevering fortitude of our officers and soldiers ; an army whose patriotism must ever be remembered with affectionate reverence in these States, as long as that liberty for which they fought and suffered shall continue to be an object of regard.
Your honorable House has testified such a respect for the merits of these brave men, that we trust the most strenuous efforts of this State will be exerted fully to secure to them all the compensations they are intitled to by solemn and legal compacts : Compacts, which peace and sovereignty are witnesses for them, that they have faithfully and nobly performed on their part.
Gentlemen :- The Secretary will lay before you letters from the President of Congress, of May the eighth and twelfth, June the tenth and twentieth, and July the twenty-second and thirtieth ; from the Commander-in-Chief, of June the fourteenth; from the Superintendant of Finance, of March the seventeenth and twenty- fifth, April the seventh, May the twelfth, June the fifth and twen- ty. first, and July the eleventh and twenty eighth ; from the Secre- tary for Foreign Affairs, of April the twelfth ; from the Governor of Virginia, of June the twelfth, and July the twenty-third ; from General Irvine, of June the third; from the Commissioners for the defence of the navigation, of April the twenty-fourth; and from the Wardens of this port, of June the ninth, with many inclosures.
Your honorable House will observe that the communications on national affairs contain matters of the greatest magnitude, which demand immediate attention. The arguments therein offered de- monstrate, that immense as the advantages are that have been al- ready attained, yet the citizens of America must now determine whether they shall become blessings or misfortunes to them, and to succeeding generations, and that all the materials of happiness are lying ready before them, if they will but take the pains to put them properly together.
It would be useless to recapitulate points, or to dwell upon sub- jects that have been so accurately stated, and so ably discussed, but we feel ourselves impelled by a commanding sense of duty to our country, at this important crisis, most earnestly to recommend that the Confederation may be strengthened and improved. We are perfectly convinced, that to advance the dignity of the Union is the best way to advance the interest of each particular State.
When the powers of the whole shall be so combined that general , and relative concerns may be firmly governed by a Federal supremaey, and a competent part of the resources of the whole can
t i
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SUPREME EXECUTIVE COUNCIL.
be promptly and effectually drawn forth, and applied to national purposes, all the benefits of respect, tranquility, and safety, that are naturally attached to an extensive and well established Empire, may be ensured, and at a rate much cheaper and more easy than by any other method that can be devised. Indeed, without such a combination they never can be ensured. Every attempt to sub- stitute some other plan will be disappointed, and have a tendancy to produce all the miseries of intestine convulsions, and of foreign influence, if not invasion.
Reason, honesty, and her own experience, prescribe the conduct that ought to be adopted by America, and let her not disdain, in deciding upon her character and destiny, to take warning from the uniform examples of other nations.
The history of mankind does not afford an instance that has come to our knowledge, of a people voluntarily united in such a cause, who have ever broken that union, or weakened it by being neglect- ful of the duties arising from it, without involving themselves in dreadful calamities.
We esteem it an indispensable duty at this time, to declare our opinion, that all the authorities before mentioned may be vested in a Federal Council, not only without the least danger to liberty, but that liberty will be thereby better secured.
Mistakes upon this subject, in the circumstances now existing, must have unhappy consequences, and therefore, we are solicitous that the pretences assigned for jealousies of such authorities, and the motives through which they may be propagated, should be very carefully examined. Every man who truly loves his country should boldly avow his sentiments upon this momentous point, and faithfully act up to them.
It is a treasonable cowardice to flatter the prejudices of the un- informed, and thereby to betray the welfare of them and their pos- terity, for the sake of offices or applauses which they can bestow. Nothing is more easy for the selfish and the artful than this insidi- ous management. Human frailty is too apt to prefer things pre- sent and pleasing to those infinitely more valuable, if more remote. Thus it often debases and contracts its enjoyments by eagerness to taste them. The unfeeling and designing encourage this irregu- lar appetite, that they may prepare victims to their inordinate pas- sions. It is this temper, and this abuse of it, that so frequently sacrifices the interests of millions, and of ages, for the gratifications of a few individuals for a few years.
The period is arrived when a decision must be made that will either lead to order, reputation, and prosperity, or to confusion, dishonor, and distress. We fervently pray that Almighty God will be pleased to inspire the people of this land with wisdom to make such a choice as shall establish their felicity upon a durable basis, and till time shall be no more, afford just cause for an Ameri- can to rejoice that he is a citizen of the United States.
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Gentlemen-The resolutions in the address of Congress now communicated, we hope will receive your approbation, and that they will be directly and compleatly carried into execution, notwith- standing this Commonwealth might alledge particular reasons for supporting objections against some of them ; but we plainly per- ceive that unless these States are animated by such generous and affectionate regard for each other as chearfully to make those mu- tual concessions, tho' to their own immediate disadvantage respect- ively, that may be requisite for advancing the good of the whole, the best plans for promoting the general weltare will probably be defeated by a preference to local and inferior considerations. There is not an internal or foreign enemy to our independence but who cherishes a hope that these considerations will prevail, and expects there will issue from this source of discords the calamities that are to prove how essential Monarchy is to constitutional liberty. May the conduct of Pennsylvania be ever influenced by so noble and sound a policy as incontestably to shew that her constant aim is the happiness of her sister States in common with her own, and that no gainful or ambitious prospects can tempt her to pass the bounds of this wise and virtuous moderation.
We join our anxious wishes to the recommendation that a relin- quishment may be obtained upon such liberal principles, that the stability of the Confederacy may not be endangered of territorial claims in the western country to the United States, so that it may be settled and disposed of by them for the general benefit, and that no time may be lost in obtaining such relinquishment. Many weighty considerations urge that this business be vigorously prose- cuted and speedily concluded. Longer delays will be attended with very extensive if not irremediable mischiefs.
In addition to other reasons, the fraudulent practices so fre- quently used of late in impairing the value of the current coin, render the establishment of a mint expedient.
We are informed that some edicts have been lately published in Europe that may be particularly injurious to the trade of this State, and, therefore, they deserve notice.
As several offers have been made before Congress respecting their permanent residence, it appears to us very proper, and we are desirous that such proposals should be now made, as will evince that no State can be more sincerely disposed to consult the dignity of that honorable body, and the convenience of the Union, than this Commonwealth.
It may be advisable at this session to appoint some place for the meeting of the Council of Censors, and to fix the allowance for their attendance.
The health of the inhabitants of this State is exposed to imminent dangers by defects in the laws respecting sickly vessels. Regula- tions on this subject claim your strictest and earliest care.
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SUPREME EXECUTIVE COUNCIL.
Very good consequences we expect would attend the execution of the resolve of the General Assembly made on the seventh of March, 1780, by surveying and allotting to officers and privates the tract of country reserved and set apart for their use Consid- ering the circumstances in which these much deserving fellow citizens will now find themselves, this measure may afford them some relief; and if any other mode for a more immediate allevia- tion of their distresses shall, in your wisdom, be judged practica- ble, we know your Honorable House will be pleased with giving an additional evidence of the attention due to men who have so sig- nally served their country. Many of them have suffered by a depreciation of their unalienated certificates. This has occasioned by some expressions in the act passed on the twenty-first of last March, that seem not to authorize payment of interest, even upon. alienations made after the original possessors have taken the oath or affirmation required by the act. Thus, after they are proved to be the objects of the law, they are deprived of the advantages that would arise, by transferring their certificates for their value, though this appears to be the chief benefit intended in similar cases where permanent funds are provided for the payment of interest.
Very considerable amendments may be made in the laws for the establishment of courts and the administration of justice. Courts of Oyer and Terminer, General Gaol Delivery, and Nisi Prius, should be held by the Judges of the Supreme Court, at certain days and places, in every county, so that the parties may have timely notice and be duly prepared for the trial of their causes. A dangerous power is vested in Sheriffs, by leaving the election of Jurors totally dependant upon their pleasure. The entire and in- estimable benefits of that mode of trial ought, in civil and crimi- nal cases, to be so secured to every Pennsylvanian that, conscious of his life, liberty and property being guarded against the passions and prejudices of persons in public office, he should have nothing to fear but the laws of his country deciding upon his actions and fortunes, in the judgment of his uninfluenced peers. Useful ex- amples of this sort have been given by several of these States. It should be determined with precision, what statutes prior to the Revolution are in force here, or else a very indefinite kind of legis- lation is committed to Judges. Errors in process and pleading should be amendable upon reasonable terms, so that neither merits may be subverted by forms nor a disreputable laxity introduced into practice. These regulations will promote the impartial adminis- tration of justice with the least delay and at the smallest ex- pence.
The answers now sent, of two Judges of the Supreme Court, to questions proposed by us concerning the legality of commissions of Oyer and Terminer, and the modes directed by acts of Assembly for the appointment of Justices of the Peace by Council, without the elections of the people, may be of use in forming such a law as you may think requisite thereupon.
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The acts relating to marriages might be so amended that the licences would be in every respect more beneficial than they now are.
· The discharge of debts due by the State, or if that cannot be soon accomplished, at least the regular payment of the interest, should be provided for, and well secured by adequate funds, so that the best satisfaction which circumstances will permit may be given to the creditors. Continual and sometimes very affecting applications are made to us, but while we perceive the obligations of justice and the injuries and distresses attendant upon a non- compliance with them, we are unable to afford relief. It is essen- tial to the publick welfare that publick credit, upon which alone confidence can be founded, should, be supported, and we earnestly wish the General Assembly would take into their serious consider- · ation the ways and means for establishing a more regular and im- proved system of revenue. We believe that the burthens of the good people of this State might be thus relieved, and we shall es- teem ourselves very happy if we can furnish any useful information upon this subject.
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