Colonial records of Pennsylvania, Vol. XIV, Part 18

Author:
Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 696


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The commissioners have informed Council that their determina- tion on that alternative will most probably be:


They will regard this step as the commencement of a war against them, and perhaps others, whose sentiments are of vastly more im- portance, may be of the same opinion.


I am perfectly convinced at the uncommon merit of Colonel Armstrong. But the appointment of an Adjutant General upon this occasion, and bestowing that appointment on the Secretary of Council, when it is well known that the settlers view him in the light of an enemy, are circumstances that may promote unfavorable constructions of the conduct of Government.


The public bodies that have been lately assembled in this city have fully testified their disapprobation of hostilities on account of the disputes at Wyoming, and upon the whole, there is too much reason to be persuaded that the plan now meditated will, if carried into execution, produce very unhappy consequences.


Knowing the uprightness cf your intentions, gentlemen, I feel great pain in dissenting from your judgment; and if the measure is pursued, from esteem for you and affection for the Common. wealth, I have only to wish, as I heartily do, that I may be proved by the event to have been mistaken. With the greatest and sin- cerest regard, I have the honor to be, gentlemen,


Your most obedient and most humble servant, JOHN DICKINSON.


I beg leave to remind Council of sending a copy of the late act for restoring the settlers to such Justices of Northumberland as Council may approve, with orders to proceed in its execution.


A draft of a proclamation was laid before the Council, which being read and considered, was adopted as follows :


By the President and the Supreme Executive Council of the Com- monwealth of Pennsylvania :


A PROCLAMATION.


WHEREAS, It hath always been the intention of this State to treat with equity, humanity, and generosity, the persons settled at or near Wyoming, tho' not claiming under Pennsylvania, and in- fluenced by these sentiments, the General Assembly did, immedi- ately after the decree of Trenton, adjudging " the jurisdiction and pre-emption of all the territory lying within the charter boundary


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of Pennsylvania, and claimed by the State of Connecticut, of right to belong to the State of Pennsylvania," upon the 25th day of February, 1783, appoint William Montgomery, Moses McClean, and Joseph Montgomery, Esquires, then being members of the said Assembly, " Commissioners, to make full enquiry into the respec- tive cases of the persons settled as aforesaid, to confer with them, and with claimants under Pennsylvania, and to encourage, as much as posssible, reasonable and friendly compromises between the parties, and where this could not be done, to consider of and report such plans of accomodation as might be most advisable for accom- plishing an equitable and final adjustment of all differences;" re- solving, at the same time, " that as soon as might be after report made by the Commissioners, an act should be passed for consigning to oblivion all tumults and breaches of the peace which had arisen out of the controversy ; and that an act should be immediately passed for staying proceedings at law during the said enquiry against any of the said settlers, for dispossessing any of them by ejectments or otherwise," which last mentioned act passed accord- ingly :


And whereas, Upon the report of the said Commissioners, it app ared, that " notwithstanding the zeal and industry used by them, and the offers of the Pennsylvania land-holders to the settlers, hopes of a friendly compromise seemed to be banished," yet the representatives of the freemen of the Commonwealth having ordered a bill to be brought in for repealing the act aforesaid, Re- solved, " that as well to discover their moderation and equitable disposition, as in consideration of the sufferings of the settlers from the common enemy, a reasonable compensation in lands within the boundaries of this State, upon easy terms, should be made to the families of those who have fallen fighting against the savages, and to such others as actually did reside on the lands at Wyoming when the late decree was given at Trenton, upon their giving up pos- session to the claimants under Pennsylvania, or confessing judg- ment in ejectment :"


And whereas, Tho' several of the said settlers have availed themselves of the said resolution, and have each of them obtained " a certificate from the Secretary of the Land Office, under the seal of his office, for three hundred acres of land, to be located any- where within the purchased and unappropriated parts of the coun- ties of Northampton and Northumberland," and direction from the Surveyor General for " surveys to be made accordingly for a final confirmation of the said lands, free of purchase money," yet in general fears, jealousies, quarrels, and injuries, on account of the aforesaid pretensions, disturbing the peace of the inhabitants, the claimants under Pennsylvania did, in the month of May last, vic- lently dispossess several of the settlers aforesaid, of the messuages, lands and tenements which they then occupied :


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And whereas, We highly resenting such a violation of the laws, did forthwith, by instruction to the honorable the Judges of the Supreme Court, then on their circuit, and by other proper means, endeavour that the said offenders should be duly punished, and tranquility restored and preserved, in pursuance whereof a con- siderable number of them, and all that could be found, were ar- rested and prosecuted, and the Courts of this Commonwealth were open and ready to afford every just compensation to the parties injured, without distinction of persons ; nevertheless, the settlers aforesaid, not claiming under Pennsylvania, assembled in arms, and acted in a riotous and tumultuous manner, and on the 20th day of last July, lying in ambush in the township of Shawana, fired upon some claimants under Pennsylvania, and grievously wounded Henry Brink and William Vangarten, and proceeding in their outrages, drove the claimants under Pennsylvania from their habitations into the fort, and besieging them therein, reduced to great distress, and into imminent danger of their lives:


And whereas, We being informed of these aggressions, and judg- ing it to be our indispensable duty for preventing the effusion of blood, and for preserving peace and good order, did call into ser- vice a body of militia from the county of Northampton, the said settlers in open defiance of the authority of this State, and to pre- vent their being interrupted in the vengeance designed by them against the besieged, marched from the county of Northumberland, in which the said Fort is situate, into the county of Northampton, and at Locust Hill, in the same county, on the 2d day of last August, attacked a party of the militia then sleeping and resting, wounding several, and killing and murdering Jacob Everett, one of the party:


And whereas, The government of this Commonwealth persisting, notwithstanding the signal provocations aforesaid, in that treat- ment of the settlers, which clemency, benevolence and liberality had at first recommended, the General Assembly did, by a law made upon the day of last month for that purpose, only make provision for the immediate restoration of the settlers dis- possessed as aforesaid, in the month of May last, to the messuages, lands and tenements, which they at that time occupied ; and upon the seventh day of the same month, did resolve that Commissioners should be appointed to obtain the most exact knowledge they can get of the names of the widows and children of such persons as were lately settled at or near Wyoming, and who have fallen fight- ing against the savages ; and also of all others as did actually re- side on the lands at or near Wyoming when the late decree was given at Trenton ; and of the widows and children of such of them as have since died; of the quantity of land possessed by each of the persons before described at the time of his death, or of the said decree respectively, and of the improvements on each of the said parcels of land; of the nature of the claim on which the pos-


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SUPREME EXECUTIVE COUNCIL.


session of each parcel as aforesaid was founded, and of the evi- dences in support of such claim, and what parts of such lands are claimed under Pennsylvania, and by whom ; and to make report of their proceedings with all convenient dispatch, so that this State, upon the fullest information that could possibly be procured, might be enabled to make a proper distinction between those persons whose cases are recommended by any considerations of equity or humanity, and others in different circumstances; and thereon to take such measures as became the dignity of the Commonwealth : and upon the ninth day of the same month we appointed the Hon- orable John Boyd, Lieutenant Colonel, John Armstrong, Colonel, James Read and John Oakley, Esquires, Commissioners, for carry- ing the resolution aforesaid into execution, who thereupon imme- diately repaired to Wyoming :


And whereas, On the night of Sunday, the 28th day of last month, the settlers aforesaid attacked the houses in which the said Commissioners were lodged, firing several balls into the same, whereby the said Commissioners were in great danger of being killed, and for the preservation of their lives, were obliged the next day to leave the place without being able to perform the trust committed to them for the immediate benefit of the said settlers; and in the next succeeding night, the said settlers again attacked one of the said houses, when the people therein were asleep, and wounded Captains Samuel Read and Andrew Henderson, late offi- cers of the Pennsylvania line :


And whercas, It is of the utmost importance to the lives and welfare of the good people of this State, that the perpetrators of such atrocious offences should be brought to condign and exem- plary punishment, we have thought proper to issue this procla- mation, hereby engaging that the public reward of twenty-five pounds in specie shall be paid to any person or persons who shall discover and apprehend the offenders, or any of them, who wounded the said Henry Brink or Wilhelmus Vangarten, or who fired into the houses in which the Commissioners of this State were lodged at Wyoming as aforesaid, and that the public reward of fifty pounds in specie shall be paid to any person or persons who shall appre- hend and secure John Swift, Elisha Satterlee, Ishmael Bennet, Junior, Joel Abbott and Waterman Baldwin; and that the public reward of twenty-five pounds, in specie, shall be paid to any per- son or persons who shall apprehend and secure William Ross, Mo- ses Sills, William McClure, John Minor, Abraham Nesbitt, Elijah Harris, John Gore, Justus Gaylor, Thomas Stoddert, Elisha Hard- ing, Gideon Church, William Jackson, Richard Holsted, Phineas Stephens, Daniel Sullivan, Abraham Pike, Nathaniel Walker and William Jenkins, or any of them, who are charged with being the murderers of the said Jacob Everitt, or who shall discover the offenders, or any of them, who were guilty of wounding the said Samuel Read or Andrew Henderson; each and every of the said


..


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rewards to be paid on conviction of each and every of the said offenders or murderers respectively ; and we do hereby charge and require all Judges, Justices, Sheriffs and Constables, to make dili- gent search and enquiry after, and to use their utmost endea- vors to apprehend and secure the offenders and murderers afore- said, their aiders, abettors and comforters, and every of them, so that they may be dealt with according to law.


Given in Council, under the hand of the President and the seal of the State, at Philadelphia, the fifth day of October, in the year of our Lord one thousand seven hundred and eighty-four. JOUN DICKINSON.


Attest-JOHN ARMSTRONG, Jun'r, Secretary. GOD SAVE THE COMMONWEALTH.


Ordered, That the said proclamation be published.


The Council met.


PHILADELPHIA, Wednesday, October 6th, 1784.


PRESENT :


His Excellency JOHN DICKINSON, Esquire, President.


The Honorable JAMES EWING, Esquire, Vice President.


The Honorable James Irvine, John Neville, and


John McDowell, George Wall, Junior.


Stephen Balliot,


Michael Smycer, Esquire, was appointed and commissioned to be a Justice of the County Court of Common Pleas in and for the county of York.


Matthew Ritchie and John Cannon, Esquires, were also ap- pointed Justices of the County Court of Common Pleas, in and for the county of Washington.


The following reports of the Comptroller General were read and approved :


Upon the account of Captain James Lang, late Commissioner of Cloathing for Lancaster county.


Upon the account of Thomas Armor, Esquire, late Collector of Excise in and for the county of York.


Upon the account of Caleb Way, for victuals furnished to the militia, Flying Camp and Provincial battalions in the year 1776.


Of Edward Barr, Peter Bender, Thomas Heysham, John Brink and Captain Taylor & Capt T. Y. Jane's Comp'y, for arms lost at Fort Washington.


Of James Reynolds, for framing, gilding and varnishing pictures in the Council Chamber.


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SUPREME EXECUTIVE COUNCIL.


Of James Mease, for coals furnished in 1776. for public use.


Of Captain Thomas Stokely, for the hire of a pack horse for public use.


Of John Piles, and Richard Trueman, for scantling furnished in 1778, for public service.


Of Joseph Dean, Esquire, for his attendance in the Council of Safety, State Navy Board, and paying the troops at Trenton in 1781.


Of Charles Porter, Assistant Waggon Master of Philadelphia county.


Of Col. John Gloningher, late Sub-Lieutenant of Lancaster county.


Of James Mease, for attendance in the Council of Safety in 1776.


Of Captain Thomas Stokely, for retained rations from the first of May last.


Of Jacob Weigler, for scantling for the store house and maga- zine at Lancaster.


The Council met.


PHILADELPHIA, Thursday, October 7th, 1784.


PRESENT :


The Honorable JAMES EWING, Esquire, Vice President.


James Irvine, John Neville,


George Wall, John Boyd, and


John M'Dowell, Stephen Balliot, 1 Esquires.


An order was drawn upon the Treasurer in favor of the Honora- ble Stephen Balliot, Esquire, for the sum of twenty-two pounds five shillings specie, in full for his attendance in Council untill the twenty-second instant, inclusively.


The Council met.


PHILADELPHIA, Friday, October 8th, 1784.


PRESENT :


The Honorable JAMES EWING, Esquire, Vice President.


James Irvine, John Neville,


John McDowell, John Boyd, and


-Esquires. George Wall, Stephen Balliott,


Upon the petition of Nathaniel Loomis, convicted of joining the army of the King of Great Britain and fighting against the Ameri- cans; it was


VOL. XIV .- 15.


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Ordered, That the punishment which has not been inflicted, and the fine due to the State, be remitted.


An order was drawn upon the Treasurer in favor of the Honora- ble James Ewing, Esquire, for the sum of one hundred and eight pounds eighteen shillings and five pence specie, in full for his sala- ry as Vice President, until the twelfth instant, inclusively, and his mileage.


Peter Rhoads, Esquire, was appointed and commissioned to be President of the County Court of Common Pleas and of the Gene- ral Court of Quarter Sessions in and for the county of Northamp- ton.


The Council met.


PHILADELPHIA, Saturday, October 9th, 1784.


PRESENT :


The Honorable JAMES EWING, Esquire, Vice President.


James Irvine,


John Neville,


John MeDowell,


John Boyd, and


George Wall,


Stephen Balliot,


Esquires.


Thomas Cheney, Esquire, was appointed and commissioned to be a Justice of the Peace for the county of Chester, upon a return made according to law, for the district of the townships of Con- cord, Birmingham, Thornbury, Edgmont, and West Town.


Paul Groseup, Samuel Ely, Jacob Weaver, John Eckert, Jacob Morgan, Charles Shoemaker, and Egedius Moyer, were appointed and commissioned to be Justices of the Peace for the county of Berks, upon returns made according to law, for the following dis- tricts :


Paul Groscup, for the townships of Hereford, East District, and Rockland.


Samuel Ely, for the townships of Maxatawny, Richmond, and Longswamp.


Jacob Weaver, for the townships of Amity, Exeter, and Doug- lass.


John Eckert, for the townships of Heidleberg, Cumru, and Brecknock.


Jacob Morgan, for the townships of Cænarvon, Robeson, and Union.


Charles Shoemaker, for the townships of Windsor, Albany, and Greenwich.


And Egedius Moyer, for the townships of Pinegrove and Bruns- wick.


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SUPREME EXECUTIVE COUNCIL.


Jacob Morgan, and Charles Shoemaker, Esquires, were ap- pointed and commissioned to be Justices of the County Court of Common Pleas in and for the county of Berks.


George Baird, Esquire, was appointed and commissioned to be a Justice of Peace in and for the county of Westmoreland, upon a return made according to law, for the district of the township of Huntington.


An order was drawn on the Treasurer in favor of the Honorable George Wall, Esquire, for the sum of sixty-one pounds five shil- lings specie, in full for his attendance in Council until the twelfth instant, inclusively, and his mileage, twice going home to visit his. family.


An order was drawn upon the Treasurer in favor of the Hon- orable James Irvine, Esquire, for the sum of eighty pounds ten shillings specie, in full for his attendance in Council until the thir- teenth instant, inclusively.


The Council met.


PHILADELPHIA, Monday, October 11th, 1784.


PRESENT :


The Honorable JAMES EWING, Esquire, Vice President.


The Honorable James Irvine, Stephen Balliott,


John Neville,


Bernard Dougherty, S


Esquires


An order was drawn upon the Treasurer in favor of the Honorable Bernard Dougherty, for sixty-six pounds fifteen shillings, in full for his attendance in Council untill this day, inclusively, and his mileage, coming to Philadelphia and returning home.


An order was drawn upon the Treasurer in favor of the Honora- ble John Neville, Esquire, for the sum of forty five pounds seven shillings and six pence specie, in full for his attendance in Council until this day, inclusively, and his mileage, as aforesaid.


The petition of Luke Keating, convicted in the city of Philadel- phia of forgery, was read and unanimously rejected.


The petition of John Carrel, convicted of larceny in the city of Philadelphia, was read, and an order taken that the fine due to the State from the said John Carrol be remitted.


An order was drawn upon the Treasurer in favor of Frederick Sneider, for the sum of forty pounds specie, for the purpose of pur- chasing fire wood for the use of Council, for which sum he is to be accountable.


The records of the conviction of James Bourke, for murder ; Peter Brown, and Richard Williams, for highway robbery ; and George Crowder, for burglary, in the county of Philadelphia, were read ; and on consideration,


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Ordered, That the sentence of the Court of Oyer and Terminer and General Gaol Delivery be executed upon them, the said James Bourke, Peter Browne, and Richard Williams, and George Crow- der, on Saturday, the sixteenth instant, between the hours of ten of the clock in the forenoon, and two of the clock in the afternoon of the same day, at the usual place of execution.


The Council met.


PHILADELPHIA, Tuesday, October 12th, 1784.


PRESENT :


The Honorable JAMES EWING, Esquire, Vice President.


James Irvine, Stephen Balliot,


John Neville, Bernard Dougherty, S Esquires.


An order was drawn upon the Treasurer in favor of Mr. Francis Bailey, for the sum of seventy-three pounds sixteen shillings and three pence specie, in full for printing done for the Council until this day inclusively.


The Council met.


PHILADELPHIA, Wednesday, October 13th, 1784. .


PRESENT :


His Excellency JOHN DICKINSON, Esquire, President.


The Honorable James Irvine, Bernard Dougherty, and John Neville.


Stephen Balliot, John M'Dowell,


Thomas Hartman, Esquire, was appointed and commissioned to be a Justice of the Peace in and for the county of Northampton, upon a return made according to law for the district of Bethlehem township.


The Comptroller General's report upon the accounts of Colonel ' James Moore, was read, upon which it was


Ordered, That the commissions charged in the said account be deducted.


Thomas Cheney, Esquire, was appointed and commissioned to be a Justice of the County Court of Common Pleas in and for the county of Chester.


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SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, Thursday, October 14th, 1784.


PRESENT :


His Excelleney JOHN DICKINSON, Esquire, President.


The Honorable James Irvine, Stephen Balliot, and ) Bernard Dougherty, John Neville. John M'Dowell,


Esq'rs.


Jacob Rudisill and William Cochren, Esquires, were appointed and commissioned to be Justices of the County Court of Common Pleas in and for the county of York.


The Comptroller General's report upon Lieutenant Colonel James Moore's account, was read, approved, and an order drawn upon the Treasurer in favor of Colonel Moore, for twenty-three pounds sixteen shillings specie, ballance of the said account after deducting the commissions, to be paid out of the fund in the hands of the Naval Officer arising from the duties or impost, according to resolution of the General Assembly, dated the twenty-second day of September, 1783.


An order was drawn upon the Treasurer in favor of the Honora- ble Henry Wynkoop, Esquire, for the sum of twenty-four pounds specie, in full for his services as a Judge in the High Court of Errors and Appeals until the ninth instant inclusively.


An order was drawn upon the Treasurer in favor of the Honora- ble Samuel Miles, Esquire, for seventeen pounds specie, in fuil for his services as a Judge in the said Court until the thirteen instant inclusively.


An order was drawn upon the Treasurer in favor of the said Sam- uel Miles, Esq., for sixty-three pounds specie, in full for his atten- dance in the Council of Censors until the twenty-first day of Janu- ary, 1784, inclusively, to be paid according to resolution of the General Assembly dated 22d Nov'r, 1783.


The Comptroller General's report upon the account of Captain Philip Schrawder, for recruiting, was read and approved.


A dedimus potestatem was issued to Frederick Augustus Muhlen- berg and 'Thomas Craig, Esquires, for the county of Montgomery.


A petition from Enock Morgan, now confined in the jail of Philadelphia, was read and referred to the Comptroller General, to make inquiry into the case of the petitioner, and report to Coun- cil.


A return of the general election for the city and county of Philadelphia, was received and read, by which it appears that the following gentlemen were duly elected, vizt :


Representatives-Charles Pettit, William Moore, John Bayard, William Will and Frederick Kuhl, Esquires.


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Sheriffs-Thomas Proctor and Joseph Cowperthwaite.


Coroners-Joseph Rush and John Knight.


Commissioner-John Baker.


Wardens of the city-George Bickham and Jonathan Mifflin. Commissioners of the Streets-Jacob Hiltzimer and William Richards.


Representatives for the county of Philadelphia-Jacob Engle, Elias Boys, James Vansant, Manuel Ehre & William Coats.


On consideration,


Ordered, That Thomas Proctor, Esquire, be appointed and com- missioned to be Sheriff of the city and county of Philadelphia, and that Joseph Rush be appointed and commissioned to be Coro- ner of the said city and county.


Thomas Proctor, Esquire, offered Reuben Haines and Samuel Nicholas of the city of Philadelphia, as sureties for the faithful discharge of the duties of his office of Sheriff according to law, which was approved by Council.


A return of the general election in and for the county of Mont- gomery, was received and read, by which it appears that the fol- lowing gentlemen were duly elected, vizt :


Councillor-Daniel Hiester, Esquire.


Representatives in the General Assembly-Peter Richards, Ro- bert Lollar, George Smith, Benjamin Rittenhouse.


Commissioners-Christian Shied, John Mann and Frederick Con- rad.


Sheriffs-Zebulon Potts and Francis Swaine.


Coroners-Conrad Boyer and Moses Dehaven.


On consideration,


Ordered, That Zebulon Potts, Esquire, be appointed & commis- sioned to be Sheriff of the county of Montgomery, and that Con- rad Boyer be appointed and commissioned to be Coroner of the said county.


Zebulon Potts, Esquire, offered James Morris, Esquire, and Henry Cunard, of the county of Montgomery, as sureties for the faithful discharge of the duties of his office of Sheriff for the said county, according to law, which the Council approved.


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SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, Friday, October 15th, 1784.


PRESENT :


His Excellency JOHN DICKINSON, Esquire, President.


The Honorable James Irvine, John Neville, and


Bernard Dougherty, John M'Dowell.


Stephen Balliot,


Ordered, That Captain Joseph Stiles, Commissary of Military Stores, be directed to deliver to Mr. James Pearson such ropes and tackle blocks as are in his possession, for the purpose of forward- ing the repairs of the State House, and also two wheel barrows, for which articles Mr. Pearson is to be accountable.




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