USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XIII > Part 57
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685
SUPREME EXECUTIVE COUNCIL.
Reuben Skinner, Esquire, was this day commissioned a Justice' of the Peace for the county of Bedford, upon a return made agreea- bly to law.
Upon the following resolution of the General Assembly,
Resolved, That as many of the objections which have hitherto prevented the determination of the boundary line between this Com- monwealth and the State of Virginia are now removed, it becomes necessary to close that business with all possible accuracy and dis- patch ; that to effect this, four Commissioners shall be immediately appointed, with directions to provide the necessary astronomical apparatus, and to correspond with those appointed by the State of Virginia, for the same purpose.
And that the Reverend John Ewing, Doctor of Divinity and Provost of the University of Philadelphia, David Rittenhouse, Esquire, Treasurer of the State, John Lukens, Esquire, Surveyor General of the State, and Thomas Hutchins, Esquire, be appointed to this duty.
" IN GENERAL ASSEMBLY, Philadelphia, August 28th, 1783. 5
"The report of the committee read August the twenty-seventh" inst., on the subject of Governor Harrison's letters, was read the second time and adopted, as follows, vizt :
"Your committee to whom was referred the consideration of Governor Harrison's letters of the twelfth of June and twenty- third of July last, wherein it appears that complaint hath been made to the Executive of the State of Virginia, by a number of the inhabitants of that tract of country which falls (by the extension of the temporary line betwixt the two States) within the bounds of this State ; that the conditions upon which the said line was acceded to have been departed from by this State, and measures adopted which deprive them of those rights which they held under the State of Virginia, and fully confirmed in the agreement en- tered into by both States previously to the running the aforesaid temporary line ; also, that prosecutions were commenced and judg- ment awarded against the officers of the militia, for obeying the orders of that State previous to the running said line, whereby the late citizens of that State are harrassed and oppressed with expence for performing the service which they owed to their country ; duly considering the substance of the foregoing complaints, together with the report of the Prothonotary of Washington county, who was directed by the Executive of this State, to inquire fully into the aforesaid premises, beg leave to report :
" That the foregoing complaints are groundless with respect to any infringements having been made on the title of any lands ac- quired under the State of Virginia, and that any suits that were instituted against Lieutenant Colonel Cox, and others, were owing
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to their imprudent conduct in executing orders that were issued by that State subsequent to the agreement entered into by this and the State of Virginia, notwithstanding in the trial of the said suit the said Colonel Coxe was acquitted, on paying the Clerk's fees only.
"Your committee further considering that part of Governor Harrison's letter, wherein he proposes running the boundary line between this and the State of Virginia, as agreed upon by the Commissioners at Baltimore, in the year 1779, and taking into view the unhappy situation of the good citizens of this State set- tled in Washington county, &ca., and the evil consequences that may attend delay in matters of such importance, beg leave to offer the following resolution :
" Resolved, That the Supreme Executive Council be directed to correspond with the Executive of Virginia, upon the subject of fixing the mode and the most convenient time for establishing finally the boundary line betwixt that and this State; and that they be authorized immediately to appoint commissioners on the part of this State, who in conjunction with those to be appointed by the State of Virginia, shall run the said line, this House being sin- cerely disposed finally to ascertain the boundary between the two States as speedily as possible."
A deed was examined and signed by the President, to Colonel Francis Murray, conveying a tract of land situate in Plumstead township, in . the county of Bucks, containing one hundred and eight acres and one hundred and nine perches : Seized and sold agreeably to law, as the estate of Joseph Doan, an attainted tray- tor, for the sum of four hundred and forty pounds eight shillings specie. Deed dated the eleventh of September, 1783.
The Council met.
PHILADELPHIA, Friday, September 12th, 1783.
PRESENT : His Excellency JOHN DICKINSON, Esquire, President.
The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, Dorsey Pentecost, John Piper, George Wall, } Esquires.
Sebastian Levan,
A letter from the Honorable John Buyers. Esquire, inclosing a letter of information from Brigadier General William Irvine, was read.
Ordered, That the delegates' from this State to Congress be far- nished with an extract of such parts of the General's letter as re- late to public service.
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SUPREME EXECUTIVE COUNCIL.
Passes were granted to Major William Hart and Mr. James Hart, of the county of Bucks, to go into the States of Maryland and Virginia. and the States more southern, if they think proper, and to return.
Note .- No fees rec'd.
The Council met.
PHILADELPHIA, Saturday, September 13th, 1783. 1
PRESENT :
His Excellency JOHN DICKINSON, Esquire, President. The Honorable JAMES EWING, Esquire, Vice President. James Irvine, John Piper, r John Van Campen, John M'Dowell, Esquires.
Dorsey Pentecost,
The following proclamation was read, and agreed to, vizt :
By the President and Supreme Executive Council of the Com- monwealth of Pennsylvania.
A PROCLAMATION.
WHEREAS, By an act of the General Assembly of this Com- monwealth, intitled "An Act to encourage the speedy apprehending and bringing to justice divers robbers, burglars and felons," reci- ting that " Whereas, Caleb Paul, John Paul, Robert Steel, Aaron Doan, Mahlin Doan, Eward Connard, Henry Connard, Jeremiah Cooper, Amos White, Joseph Doan, Abraham Doan, Levi Doan and George Sinclare, have been duly attainted, by outlawry, in the Su- preme Court of this State, of several robberies, burglaries and felonies, by them committed within the same; notwithstanding which attainders they continue to perpetrate the like offences, to the great disquiet, terror and impoverishing of many of the good citizens of this Commonwealth : And whereas, Gideon Vernon, Thomas Bulla, Amos Williams, Edward Richardson and George Burns, are suspected and charged, and it appears to the Legislature that there is good cause to suspect and charge them, and every of them, with being accomplices in the aforesaid robberies, burglaries and felonies ; which crimes might be, in a great measure, prevented in future, and the said offenders be speedily brought to justice, if due encouragement be given to such as shall vigorously endeavour the apprehending the said malefactors, and some severe punishment inflicted on such as shall hereafter receive or buy money or goods by them or any of them stolen, knowing the same to be so, or shall receive, relieve, harbour, comfort or assist the said offenders, or any of them."
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688
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It was, therefore, enacted in the words following to wit : "That from and after the publication of this act, all and every person and persons, who shall apprehend and take the aforesaid Caleb Paul, John Paul, Robert Steel, Aaron Doan, Mahlin Doan, Edward Con- nard, Henry Connard, Jeremiah Cooper, Amos White, Joseph Doan, Abraham Doan, Levi Doan, George Sinclare, Gideon Vernon, Thomas Bulla,' Amos Williams, Edward Richardson and George Burns, or any of them, and deliver them or him to the Sheriff of any county in this State, in the common gaol of the same county, or to the keeper of any gaol there, and obtain a certificate thereof from such Sheriff or Gaoler, which one of them is hereby authorized and required to give upon such delivery, shall, on producing the said certificate to the President or Vice President in Council, the same being countersigned by one of the Judges of the Supreme Court, or any two Justices of the Peace, receive an order on the Treasurer for the sum of three hundred pounds for each and every of the persons aforesaid so taken and delivered ; and the Sheriff and Gaoler are hereby im powered and required, without any mittimus or other autho- rity, to receive the said offender or offenders so delivered in such gaol, and them or him to keep safe, until thence discharged by due course of law, under penalty of being punished as for a wilful escape of a capital felon, and in case any dispute shall happen to arise between the persons so apprehending, taking and delivering the said offend- ers, touching the right and title to the said reward, that then the said Judge or Justices so respectively countersigning as aforesaid, shall, together with the said certificate, direct, in writing, under his or their hands, the said reward to be paid to and amongst the par- ties claiming the same, in such shares and proportions as to the said Judge or Justices shall seem just and reasonable ; that if any of the offenders herein before named, or any other person who has committed any robbery or burglary, being out of prison, shall, from and after the publication of this act, apprehend and take, and cause to be delivered as aforesaid, two or more of the said persons before named, who have been outlawed as aforesaid, or two or more of the persons herein before last named, so as two or more of the persons last named shall be convicted of any robbery or burglary, the person so apprehending and delivering in the first case, and so apprehending and prosecuting to conviction in the second case, shall himself have the reward and allowance of one hundred pounds, upon producing to the President or Vice President in Council, a certificate signed and countersigned as before mentioned. together also with a pardon of all robberies, burglaries and other offences not capital, by him committed at any time or times before such appre- hending and taking, if the Supreme Executive Council of this State shall think it advisable by their proclamation to promise the same, which pardon shall be likewise a good bar to any appeal brought for such robbery or burglary."
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689
SUPREME EXECUTIVE COUNCIL.
We do hereby declare and promise, that if any of the offenders herein before named, or any other person who has committed any robbery or burglary, being out of prison, who shall apprehend and take, and cause to be delivered as aforesaid, two or more of the persons before named, who have been outlawed as aforesaid, or two or more of the other persons herein before last named, so as two or more of the persons last named shall be convicted of any rob- bery or burglary, the person so apprehending and delivering in the first case, and so apprehending and prosecuting to conviction in the second case, shall himself have the reward and allowance of one hundred pounds specie, upon producing to the President or Vice President in Council, a certificate, signed and counter-signed as aforesaid, together also with a pardon of all robberies and bur- glaries, and of all other offences, not capital, by him committed at any time or times before such apprehending and taleing.
And Whereas, By the said act it was further enacted in the words following, to wit: "That if any person or persons shall dis- cover any one or more persons, who from and after the publication of this act, shall have received money, goods, or chattles, that have been or shall be feloniously taken or stolen by the offenders herein before named, from any other person, knowing the same to be so, or shall discover any person or persons who shall receive, relieve, harbour, comfort, or assist the said offenders, or any of them, know-' ing them to be such, so as he, she or they, so discovered, shall be convicted of either of the said offences, any such discoverer shall have a reward of fifty pounds; and that the Judges before whom such offender shall be convicted as aforesaid, or one of them, shall determine and settle the rights and shares of such respective per- sons who shall be intitled to the said reward, and give a certificate thereof (being thereunto required) to the person or persons so in- titled thereunto, who thereupon shall, on application to the Presi- dent or Vice President in Council, receive an order on the Trea- surer of the State, for the aforesaid reward. That in case any person or persons shall happen to be killed or wounded, so as to lose an eye, or the use of any limb, in apprehending or in making pursuit after such robbers, burglars, felons, receivers of stolen money, or goods, or receivers, harbourers, comforters of such rob- bers or burglars. on proof thereof, at the Court of General Quarter Sessions of the Peace and Gaol Delivery, for the county where the same shall happen, the Justices, or three of them, shall give a cer- tificate thereof to the Executor or Administrator of the person so killed, or to the person so wounded, which shall intitle them, on application to the President or Vice President in Council, to re- ceive an order on the Treasurer of the State, if killed, for the sum of three hundred pounds, and if wounded as aforesaid, for the sum of one hundred and fifty pounds. That if any of the offenders herein before named, shall resist any person or persons endeavour- VOL. XIII .- 44.
690
MINUTES OF THE
ing to arrest or imprison him, and he, so making resistance, shall happen to be killed, or if any of them shall fly from any person or persons endeavouring to apprehend bim, and in the pursuit the said party so flying shall be killed, where he cannot be otherwise overtaken, he or they so killing shall be, and hereby are justified ; and in case any prosecution shall be commenced against any person or persons for the same, he or they, may thereto plead the general issue, and give this act in evidence ; and moreover, he or they so killing any of the before named offenders, (on proof thereof, made at any Court of General Quarter Sessions of the Peace and Gaol Delivery for the county where such killing shall happen, and the same being certified by the Justices, or any three of them, who are hereby authorised and required to certify the same,) shall, on pro- ducing such certificate to the President or Vice President in Coun- cil, receive an order on the Treasurer of the State for the sum of three hundred pounds. That if any person or persons shall be cal- led on by any Justice of the Peace, Sheriff, or his Deputy, any Militia officer, Constable, or person robbed, to go in pursuit of either of the said felons or offenders, their aiders and abettors, harbour- ers or conceallors, and shall refuse, he or they severally, on convic- tion before any Justice of the Peace where he or they shall reside, shall pay a fine of five pounds to the use of the Commonwealth, to be recovered as debts of five pounds and under are recoverable by law.
We do hereby charge and require all Judges, Justices, Sheriffs, and Constables, to make diligent search and inquiry after, and to use their utmost endeavours, and all other persons, when called upon as aforesaid, to give their assistance for apprehending and se- curing the aforesaid felons or offenders, their aidezs, abettors, and comforters, and every of them, so that they may be dealt with ac- cording to law.
Given in Council, under the hand of the President and the seal of the State, at Philadelphia, this thirteenth day of Septem- ber, in the year of our Lord one thousand seven hundred and eighty.three.
JOHN DICKINSON,
Attest :- JOHN ARMSTRONG, Junior, Secretary.
GOD SAVE THE COMMONWEALTH.
Ordered, That the foregoing proclamation be published.
The Comptroller's report upon the accounts of Joshua Elder, Esquire, late Sub-Lieutenant of the county of Lancaster, was read and approved.
The Comptroller's report upon the recruiting account of Lieu- tenant James McFarland was read and approved, and an order drawn on the Treasurer in favor of Mr. McFarland, for the sum of fourteen shillings and eight pence specie, being the ballance due to him upon settlement ; to be paid out of the recruiting fund.
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691
SUPREME EXECUTIVE COUNCIL.
Upon re considering the case of Isaac Pyle, sentenced to a fine of fifteen pounds, upon conviction of misdemeanor,
Ordered, That the said fine be remitted.
Upon re-considering the case of Martin Urner, convicted of a misdemeanor, and sentenced to a fine of seventy-five pounds for the use of the State,
Ordered, That the farther sum of twelve pounds ten shillings, in addition to a late remission of thirty-seven pounds ten shillings, be remitted.
An agreement between his Excellency John Dickinson, Esquire, in behalf of the State, on the one part, and Benjamin Brannon, Esquire, for himself, on the other part, leasing the meadow ground on Mud Island to the said Brannon, on certain conditions mention- ed in the said agreement, was this morning executed in Council.
The Council met.
PHILADELPHIA, Monday, September 15th, 1783. PRESENT :
His Excellency JOHN DICKINSON, Esquire, President. The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, Dorsey Penticost,
John McDowell, Christopher Hayes,
John Van Campen,
John Piper,
Esquires.
Sebastian Levan,
The Comptroller's reports upon the accounts of James Chapman, . and Caleb Davis, Esquire, Prothonotary of the county of Chester, were read and approved.
An order was drawn on the Treasurer in favor of John Tyler, for the sum of seventeen pounds one shilling and eight pence specie, being the ballance of his account against the State for the repair of arms, agreeably to the Comptroller's report of the eighth instant, to be paid out of the monies arising from militia fines in the county of Northampton,
692
MINUTES OF THE
The Council met.
PHILADELPHIA, Tuesday, September 16th, 1783.
PRESENT : His Excellency JOHN DICKINSON, Esquire, President. The Honourable JAMES EWING, Esquire, Vice President.
The Hon'ble James Irvine, John Van Campen,
Sebastian Levan, John McDowell,
Dorsey Penticost,
Christopher Hayes, Esquires. John Piper,
An order was drawn on the Treasurer in favor of the Honorable Francis Hopkinson, Esquire, for the sum of fifty pounds specie, on account of his salary as Judge in the Court of Admiralty, and in the Admiralty Sessions for this State.
The Council met.
PHILADELPHIA, Wednesday, September 17th, 1783. PRESENT : His Excellency JOHN DICKINSON, Esquire, President. The Hon'ble JAMES EWING, Esquire, Vice President.
The Honorable James Irvine, Dorsey Penticost,
Sebastian Levan, John Van Campen,
John McDowell,
John Piper.
Christopher Hayes,
The Comptroller's report on the accounts of Matlack, Ross and Slagle, & of Mr. Swoope, were read and approved.
The Comptroller's report upon the account of George Schlosser were read and approved, and an order drawn in favor of the said Schlosser, for the sum of sixty pounds specie, in full for his ser- vices in superintending the sale of city lots.
Upon a return made agreeably to law, John Hughes, Esquire, was commissioned a Justice of the Peace for the county of West- moreland.
The following message was read and agreed to, vizt :
A message from the President and the Supreme Executive Council to the General Assembly.
GENTLEMEN :- By an act of Assembly, passed the twentieth day of February, 1736, it is enacted, "that the part of the State House lot not built upon, should remain a public green and walks forever."
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SUPREME EXECUTIVE COUNCIL.
'The execution of that law would be reputable to the State, par- ticularly useful to the inhabitants of this city, very agreeable to strangers, and might be effected, we believe, with little expence to the public.
We, therefore, wish your honorable House would be pleased fully to authorize the laying out the ground according to the original de- sign.
JOHN DICKINSON.
COUNCIL CHAMBER, Philadelphia, September 17th, 1783. S
The Council met.
PHILADELPHIA, Thursday, September 18th, 1783.
PRESENT : His Excellency JOHN DICKINSON, Esquire, President. The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, Christopher Hayes,
John McDowell, John Piper, Esquires.
John Van Campen, Dorsey Penticost,
An order was drawn on the Treasurer in favor of Ephraim Hun- ter and Thomas Gold, for seven pounds eleven shillings and seven pence specie, being a reward allowed by proclamation of Council, dated the twenty-fifth day of March, 1780, for apprehending and securing William Nugent, upon a certificate from the Sheriff of York county, of his delivery by the said persons.
The Council met.
PHILADELPHIA, Friday, September 19th, 1783. 1
PRESENT : His Excellency JOHN DICKINSON, Esquire, President. The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, Dorsey Pentecost,
John McDowell, George Wall,
John Van Campen, Christopher Hayes.
General Wilkinson and Mr. McClay, a committee of the General Assembly, attended in Council, and a conference was held upon the subject of procuring an armed force to be stationed at Wyo- ming.
694
MINUTES OF THE
The Council met.
PHILADELPHIA, Saturday, September 20th, 1783.
PRESENT : His Excellency JOHN DICKINSON, Esquire, President. The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, John Piper,
John McDowell, George Wall, Jun'r, Esquires.
John Van Campen, Dorsey Pentecost,
Upon the Comptroller General's reports, the following orders were drawn on the Treasurer, vizt :
In favor of John Nicholson, Esquire, for the sum of five hundred pounds, State money of the seventh of April, 1781, for paying one-third of depreciation to officers and soldiers of the Pennsyl- vania line, for which he is to account.
In favor of Alexander Brown, two orders, one for forty-two pounds fourteen shillings and two pence, and the other for forty- one pounds eight shillings and four pence, like money, being prin- cipal and interest due upon two certificates for two horses fur- nished by him for public use.
In favor of Alexander Dobbins, for forty-eight pounds ten shil- lings and three pence, in like money, being principal and interest due upon his certificate for a horse furnished for public use.
The sums mentioned in the two last orders to be paid agreea- bly to resolution of the Assembly of Sth of April, 1782.
In favor of Griffith Evans, for the sum of thirteen pounds fif- teen shillings, in full for his wages for assisting the Comptroller General in the duties of his office, till the seventh instant.
In favor of Thomas Strawbridge, for ten pounds two shillings and five pence specie, ballance of his account as Sub Lieutenant of the county of Chester, to be paid out of the money arising from militia fines in the said county.
The Council met.
PHILADELPHIA, Monday, September 22nd, 1783. PRESENT : His Excellency JOHN DICKINSON, Esquire, President. The Hon'ble JAMES EWING, Esquire, Vice President. The Hon'ble James Irvine, Christopher Hayes, ) John M'Dowell, Dorsey Pentecost, Esquires. John Van Campen,
Ordered, That the Health Officer be directed to purchase with the monies in his hands, three bolts of Osnabriggs, to be delivered
695
SUPREME EXECUTIVE COUNCIL.
to the Steward of the hospitals on State Island, and made into bed- covers for the use of the sick at that place.
The following deeds were examined and signed by his Excellency the President, vizt :
To Captain Jacob Bower, of the sixth regim't of the Pennsyl- vania line, for two tracts of land, situate on the heads of Upper Wappalapen creek, in Augusta township, in Northumberland county, containing together six hundred and thirty acres and one- quarter, and allowance for roads, late the estate of Christian Hook, an attainted traitor : Sold agreeably to law, for one hundred and ten pounds specie. Deed dated this day.
To Charles Gobin, for a tract of land containing one hundred and eighty-four acres and one hundred and twenty-eight perches of land, situate in Brunswick township, Berks county, late the estate of John Hoster : Sold agreeably to law, for three hundred and ninety-seven pounds six shillings and eleven pence; one-fourth of which sum is reduced to a ground rent, payable to the trustees of the University of this State; the remaining three-fourths the said Charles Gobin hath paid to the Agents of said county. Deed dated twenty-fifth day of July, 1783.
To Jacob Morgan, Jun'r, for out-lot No. 6, near the town of Reading, in the county of Berks, late the estate of Alexander Stedman, an attainted traytor ; subject to a ground rent of fifteen shillings sterling per annum, payable to the heirs or assigns of Richard Hockley, deceased. Consideration seven hundred pounds. Deed dated the thirty-first day of July, 1783.
The Council met.
PHILADELPHIA, Tuesday, September 23rd, 1783.
1 PRESENT : His Excellency JOHN DICKINSON, Esquire, President.
The Honorable JAMES EWING, Esquire, Vice President.
The Hon'ble James Irvine, John Van Campen, George Wall, Jun'r, John Piper,
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