USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XIV > Part 2
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Upon consideration,
Ordered, That Colonel William Henry be directed to draw forth a Captain's guard from the militia of the city and liberties, with orders to give all possible assistance to the civil Magistracy in pre- serving peace and good order upon the evening of the intended demonstrations of joy, and that he be authorized on the part of Council to promise them a compensation for this service.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Friday, January 17th, 1784.
PRESENT :
His Excellency JOHN DICKINSON, Esquire, President. The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, Isaac Mason,
John Byers, John Boyd,
John McDowell,
Bernard Dougherty,
Esquires.
George Wall, Jun'r, Sam'l J. Atlee, 7
The petition of Charles Wilstack, and the recommendation of the Magistracy in his favor, werc read, and an order taken, that the fine of fifteen pounds imposed upon him on conviction of an assault, and adjudged to the use of State, be remitted.
Mr. Delany and Mr. Long, a committee of the Honorable House of Assembly, attended in Council, and informed that the House was now met, and ready to receive any business the Council might have to lay before them.
An order was drawn on the Treasurer in favor of the Honorable Bernard Dougherty, Esquire, for sixty-nine pounds seven shillings and six pence specie, in full for £69 7 6 his attendance in Council 'till the sixteenth of Janu- ary, 1784, inclusively, and his mileage.
The Council met.
PHILADELPHIA, Monday, January 19th, 1784.
PRESENT :
The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, Stephen Balliot, r John McDowell, Isaac Mason,
John Boyd, George Wall, Jun'r, and Esquires. Upon consideration,
Resolved, That Lawrence Keene, Esquire, of Northumberland county, be appointed and commissioned a Justice of the Court of Common Pleas in the said county.
A draft of a message to the General Assembly was laid before the Board and read ; which, being considered, was agreed to in the words following, to wit :
A message from the President and Council to the General Assembly.
GENTLEMEN :- We congratulate you on the Definitive Treaty between the United States & Great Britain, and the ratification of
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MINUTES OF THE
it, which closes the contest with the forms established by usage upon similar occasions.
Having entered into the society of sovereign Nations, it becomes the duty of those who are invested with the authority of each State, diligently and carefully to deliberate upon the measures by which they may be enabled to improve the blessings of peace.
Your wisdom, we are persuaded, will determine that one of the most effectual means for attaining that end, will be to cultivate a spirit of Union among our constituents, and a confidence in the public councils; and we rely on your prudence and attention to the welfare of the Commonwealth for a happy increase of these de- sireable dispositions.
Gentlemen, several national affairs of importance have occurred , to us, upon which we have written to our delegates. Some of them require the exertions of your authority without loss of time, particularly the late proclamation of his Brittannic Majesty; and we shall be pleased, if our sentiments meet with your approbation. Copies of the letters will be communicated by the Secretary. He will also deliver to you letters from the President of Congress of the twenty-third of December and the fourteenth of January; from the Delegation of the thirtieth of December and the thirteenth of January; from the Governor of Connecticut of the fifteenth; and from General Armand of the twenty-fifth of November ; and from Mr. De Creveceur of the twenty-third of December.
The advancement of the revenue by ways that shall be most easy to the people, demands immediate and serious consideration. The experience of other countries, and the examples of some of these States, point out the propriety of further imposts upon im- ported merchandizes. This arrangement is reconcileable to that smallness of port-charges and simplicity of customs, which are of so much consequence to commerce, and also to the intercourse with the other States, which cannot be too assiduously promoted. The excise may be rendered more productive. Duties on several arti- cles that might be enumerated, appear to us adviseable. By such regulations, we apprehend very beneficial and reasonable contri- butions might be procured from those who are able to afford them, and in a manner the most convenient, and the burthens upon land- holders and the poorer classes of our fellow-citizens be alleviated. We think it unnecessary to repeat some other observations rela- ting to revenue that have been mentioned in former messages. If adequate funds are appropriated, so that prompt and exact pay- ments can be made, the interest of loans may, with entire satisfac- tion to lenders, become more moderate, to the great relief of the State. The bank may in time facilitate operations of this kind. When public credit shall have acquired stability by a firm adhe- rence to sound principles of policy, regularity and justice, with their salutary influences, may pervade the whole administration of Gov- ernment.
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SUPREME EXECUTIVE COUNCIL.
A due order and accurate method in preparing all our products in the best manner for exportation, are absolutely necessary for re- commending them abroad.
The conveyance and transportation of commodities from one place to another, with the least trouble and expence, are objects that claim the strictest regard.
Roads towards the western and northern frontiers are much wanted.
It might be of use if the laws respecting insolvent traders and dealers, were so altered that an equitable distribution might be made of their effects among their creditors, saving the rights of mortgagees and landlords, and a permanent rule be fixed as to the release of their persons.
Counterfeiters of the papers called checks, and also of any certi- ficates issued by the State, should be exemplarily punished. Suit- able provision has not been yet made against theft of such property.
The Admiralty Jurisdiction admits of very advantageous altera- tions. It is of moment that at this early period of our independ- ance, we should become known to foreigners as a people among whom they are sure in all their concerns of ample protection, and of an effectual, cheap and speedy administration of justice.
No authority has been vested in Council for carrying into exe- cution the treaties of amity and commerce between the United States and other powers, as far forth as occurrences may happen within this State, where the exercise of such authority may be re- quired.
It is our most earnest wish that the General Assembly may all- ways cherish and patronize, in a very distinguished manner, that basis of Pennsylvanian commerce, agriculture. By their assist- ance, the useful discoveries that have been, or shall be made in countries longer settled, may soon be introduced, and be generally communicated, that otherwise might remain little known here for ages to come. The ingenious and learned gentlemen who compose the Philosophical Society, we are assured, would rejoice to execute the generous designs of the Legislature, and would faithfully apply and account for any sums of money that should be committed to their management for these purposes.
Another great encouragement of agriculture would be afforded by rendering purchases of land more safe. This might in a con- siderable degree be accomplished, by quieting possessions after a reasonable term of years, and by having the records in all the pub- lic offices kept in a manner easy to be prescribed, so that a title. could be readily traced through them. Under a law passed the se- venth of July, 1759, duplicates were made of a great number of papers in the Secretary's and Surveyor General's offices, for render- ing real estates more secure. It seems worthy the consideration of the Legislature how these valuable records should be preserved, and whether the collection should be continued.
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MINUTES OF THE
If to the natural advantages of this State be added the habits of industry, frugality, and temperance, her prospects will be very fa- vorable. These are not only private virtues, contributing to the happiness of individuals. They are public benefits, contributing to the happiness of a society. It is the combination of these quali- ties that must determine whether trade shall enrich and strengthen, or impoverish and weaken ; that is to cause the production and ex- portation of native commodities to bear a due proportion to our im- ports; that leads to a correction of errors concerning mechanics and manufacturers, those necessary members in the body of a com- munity, and that tends so directly to diffuse vigor throughout a government.
The cases in which the inestimable writ of habeas corpue is to issue, and the mode of obtaining a proceeding upon it, should be ascertained with precision, so that no doubts, delays, or difficulties, may obstruct the relief it ought to yield.
It seems proper also that the duties of Grand Juries should be more expressly defined.
The acts relating to elections require a revision ; and many and great amendments remain to be made in those for regulating the militia.
Gentlemen :- It is much to be desired that the system of our ju- risprudence may receive every improvement we can give it, as soon as such a work can be accomplished. Constancy in the laws, the preservation of domestic concord, order, and tranquility, and a strength sufficiently prepared for defence against injuries, are es- sential to the happiness of a State. They are also the foundations of a reputation that invites an accession of ingenious and indus- trious people from other parts of the world to share in the bless- ings of which such a character offers them an assurance.
Every citizen of Pennsylvania, therefore, who respects his own interest, the welfare of his family, or the prosperity of his coun- try, will desire and endeavour that the vast importance of these subjects may be perfectly understood and religiously regarded.
From the measures of your Honorable House, gentlemen, we trust they will derive a recommendation and sanction.
JOHN DICKINSON.
Council Chamber, Philadelphia, January 19th, 1784.
Ordered, That the Secretary present the foregoing message to the Honorable the Speaker of the General Assembly.
0
a D
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Tuesday, January 20th, 1784. PRESENT :
Honourable JAMES EWING, Esquire, Vice President.
The Honorable James Irvine, Bernard Dougherty,
George Wall, Jr., Isaac Mason,
John M'Dowell, Stephen Balliott, John Boyd,
Esquires.
The Comptroller General's reports upon the following accounts, were read and approved :
Of Samuel Findley, for provisions furnished to the militia of Cumberland county in 1778.
Of William Evans, Esquire, deceased, late Commissoner of Pur- chases for Chester county.
Of Levi Griffith, Esquire, Lieutenant of the fifth regiment for recruiting in 1778.
Of the seventh battalion of Lancaster county militia, exhibited by Matthias Slough, Esquire, Colonel.
Of Josiah Crawford, for supplies to the militia of the same county. Of Joseph Collier, Esquire, Lieutenant of the first Pennsylva- nia regiment, for recruiting.
Of Richard Wallace, Esquire, for supplies to the Westmoreland militia in the years 1777 and 1778.
Of Benjamin Davis, for drums and fifes furnished for Colonel Stewart's regiment.
Of Jonathan Bayard Smith, Esquire, Prothonotary of the city and county of Philadelphia.
Of Captain William Ashton and John Rankin, for provisions supplied the York county militia in 1776.
Of Elizabeth Rankin, for provisions supplied the militia and Continental troops in the same year.
Of William Dunwie, for services in repairing arms, &ca., in 1772.
Of Robert Levers, Esquire, Prothonotary of Northampton county. Of James Marshall, Esquire, Lieutenant, and James Allison, late Sub-Lieutenant of Washington county.
Of John Forster, Administrator of the estate of Deborah Sid -. dens, deceased, for provisions furnished the militia in 1776.
Of William Bailey, for provisions furnished the Northumber- land militia in 1777.
Of Lieutenant Henry Antes, for volunteer service, (Note-the report of the twenty-seventh of March, 1783, ££152 10 0 is that which Council adopt by this resolution, ) and of John Dunlap, for printing, &c., done for the State. On this account an order was drawn for one hundred and fifty two pounds ten shillings, in favor of Mr. Dunlap.
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MINUTES OF THE
The Council met.
PHILADELPHIA, Wednesday, January 21st, 1784.
PRESENT :
The Honorable JAMES EWING, Esquire, Vice President.
The Hon'ble James Irvine, Bernard Dougherty, ?
George Wall, Jun'r, Stephen Balliot,
John McDowell, Isaac Mason, and Esquires. John Boyd, Samuel J. Atlee,
The following orders were drawn on the Treasurer of the State,. vizt :
In favor of the Honorable Thomas Hartley, Esquire,
£60 9 0 for sixty pounds nine shillings specie, in full for his attendance in the Council of Censors till this day, in- clusively.
In favor of the Honorable Stephen Chambers, Es-
51 8 6 quire, for fifty-one pounds eight shillings and six pence specie, in full for attendance as aforesaid.
The said sums, together with their mileage, to be agreeably to resolution of Assembly of 22nd November, 1783, out of money appropriated for expences of Government.
In favor of the Honorable John Smiley, Esquire, 71 0 0 for seventy-one pounds specie, in full for attendance in said Council 'till the fourteenth instant, inclusively, and his mileage, to be paid out of the same fund as the preceding orders.
A draft of a message to the Honorable the General Assembly, 1 was read, adopted as follows, and presented by the Secretary : .
A message from the President and the Supreme Executive Council to the General Assembly.
GENTLEMEN :- Many persons are settling without legal author- ity upon lands belonging to the State, which have always been con- sidered as a very valuable fund for relieving the Commonwealth from the heavy burthen of public debts.
These settlers may become numerous and troublesome, unless some effectual means can be devised for preventing the mischiefs that are to be apprehended from such irregular proceedings.
We should be glad if you would be pleased to make a further allowance for defraying the expence of a clerk to assist the Secre- tary, as we think his salary no more than a reasonable compensa- tion for his own services.
As we wish not to exercise any power that is not plainly vested in us, and as application has been made to us upon the subject, we
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SUPREME EXECUTIVE COUNCIL.
1
are desirous that the authority for laying out highways should be more clearly ascertained.
Goods damaged or saved out of wrecked vessels, are by law to be sold under our direction. This power might, in our opinion, with more propriety, be annexed to the Admiralty jurisdiction.
It does not appear to us that sufficient precautions are yet taken for guarding against the introduction of infectious diseases by sickly vessels.
You will approve, we are persuaded, our earnest desire that the citizens of this State may be prohibited from being in any manner concerned in the slave trade.
Great complaints are made for want of regulations.respecting the cording, sale and halling of wood.
An act " for regulating waggoners, carters, draymen, and porters, within the city of Philadelphia, and for other purposes therein mentioned," expired in the year 1777. We hope you will be pleased to consider whether that act ought to be revived, with some alterations; and also, whether further provision ought not to be made as to the assize of bread, and the authority and duty of clerks of markets.
The agreement between this State and the State of New Jersey having provided, " that the judicial investigation and determination of all capital and other offences, trespasses, and damages committed on the river, shall be exclusively vested in the State wherein the offender or person charged with such offence shall be first arrested or prosecuted," it seems necessary that the criminal jurisdiction as to such offences, tresspasses, and damages, should be given to the counties adjoining the Delaware ; and also that the sheriff's of those counties should have the powers of water bailiffs for executing civil process.
Punishments should be so proportion to crimes as very rarely to render a pardon proper. They should, therefore, in several in- stances, be less severe, and particularly some of those to be inflicted upon women.
Criminals convicted of offences not capital, and unable to pay their fines and fees, frequently remain in prison at the public charge. Some mode should be directed for disposing of them so that they may not continue an expence to the State.
JOHN DICKINSON.
COUNCIL CHAMBER, Philadelphia, January 20th, 1784.
An order was drawn on the Treasurer in favor of the Honorable John Smiley, Esquire, for five pounds five shillings, in full for his attendance as a member of the Council of Censors 'till the twenty-first of Jan- uary, to be paid according to resolution of Assembly of the twenty-second of November, 1783, out of the fund for defraying the expences of Government.
VOL. XIV .- 2.
£5 5 0
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MINUTES OF THE
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The Council met.
PHILADELPHIA, Thursday, January 22nd, 1784.
PRESENT :
The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, John Boyd,
John McDowell,
Samuel J. Atlee,
George Wall, Jun'r,
Isaac Mason, and
Esquires.
Stephen Balliot, John Neville.
An order wa's drawn on the Treasurer in favor of Daniel Rees, for nineteen pounds five shillings specie, £19 5 0 for rations furnished to scouting parties in the county of Northumberland, according to the Comptroller's report of the nineteenth of July, to be paid out of the fund appropriated to the frontier defence.
The following orders were drawn on the Treasurer, to be paid out of the fund appropriated for the expences of Government, ac- cording to resolution of Assembly dated the twenty-second of No- vember, 1783, to wit :
£5
In favor of the Honorable William Finley, Esquire, for five pounds five shillings, for attendance as a 5 0 member of the Council of Censors 'till the twenty-' first day of January, 1784, inclusively, and his mileage.
In favor of the Honorable William Irvine, Esquire, £7 0 0 for seven pounds specie, for attendance as aforesaid, and his mileage.
59 0
In favor of the Honorable John Arndt, Esquire, 0 for fifty-nine pounds specie, for attendance as afore- said, and his mileage.
59 0 In favor of the Honorable Simon Driesbach, Esquire, 6 for fifty-nine pounds & six pence, in full for attend- ance as aforesaid, and his mileage.
In favor of the Honorable Anthony Wayne, Esquire,
47 7 6 for forty-seven pounds seven shillings and six pence, in full for attendance as aforesaid, and his mileage.
In favor of the Honorable James Moore, Esquire, 22 0 6 for twenty-two pounds and six pence specie, in full for attendance as aforesaid, and his mileage.
In favor of the Honorable Baltzer Gehr, for fifty-
54 5 0 four pounds five shillings specie, in full for attendance as aforesaid, and his mileage.
In favor of the Hon'ble John Whitehill, Esquire,
66 7 6 for sixty-six pounds seven shillings and six pence specie, in full for attendance as aforesaid, and his mileage.
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SUPREME EXECUTIVE COUNCIL.
A draught of a proclamation was laid before the Board and read, and the same being considered, was agreed to in the words follow- ing, to wit :
By the President und the Supreme Executive Council of the Com- monwealth of Pennsylvania.
A PROCLAMATION.
WHEREAS, Definitive Articles of Peace and Amity between the United States and his Britannic Majesty, were concluded and signed at Paris, on the third day of September, 1783, by the Plenipoten- tiaries of the said United States and of his said Britannic Majesty, duly and respectively authorised for that purpose, which definitive Articles are in the words following :
"Article Ist. His Britannic Majesty acknowledges the said United States, vizt : New Hampshire, Massachusets Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Caro- lina, South Carolina, and Georgia, to be free, sovereign, and inde- pendent States ; that he treats with them as such, and for himself, his heirs, and successors, relinquishes all claims to the Government, property, and territorial rights of the same, and every part thereof.
"Article 2nd. And that all disputes which might arise in future on the subject of the boundaries of the said United States may be prevented, it is hereby agreed and declared, that the following are and shall be their boundaries, vizt : From the north-west angle of Nova Scotia, vizt : that angle which is formed by a line drawn due north from the source of St. Croix river to the highlands, along the said highlands, which divide those rivers that empty themselves into the river Lawrence from those which fall into the Atlantic ocean, to the north-westernmost head of Connecticut river ; thence down along the middle of that river to the forty-fifth degree of north latitude; from thence by a line due west on said latitude until it strikes the river Iroquois or Cataraqui; thence along the middle of the said river into Lake Ontario, through the middle of the said lake, until it strikes the communication by water between that lake and lake Erie; thence along the middle of said commu- nication into lake Erie, through the middle of said lake, untill it arrives at the water communication between that lake and lake Huron ; thence through the middle of said lake to the water com- munication between that lake and lake Superior ; thence through lake Superior northward of the Isles Royal and Philipeaux to the Long lake ;. thence through the middle of said Long lake and the water communication between it and the lake of the Woods, to the said lake of the Woods; thence through the said lake to the most north western point thereof, and from thence on a due west course to the river Mississippi ; thence by a line to be drawn along the middle of the said river Mississippi until it intersect the northern-
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MINUTES OF THE
most part of the thirty-first degree of north latitude south, by a line drawn due east from the determination of the line last mentioned, in the latitude of thirty-one degrees north of the equator to the middle of the river Apalachicola or Catahouche; thence along the middle thereof to its junction with the Flint river ; thence strait to the head of St. Mary's river; and thence down along the middle " of St. Mary's river to the Atlantic ocean east, by a line to be drawn along the middle of the river St. Croix from its mouth in the Bay of Fundy to its source, and from its source directly north to the aforesaid highlands which divide the rivers that fall into the Atlantic ocean from those which fall into the river St. Lawrence, comprehending all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due west from the points where the aforesaid boundaries between Nova Scotia on the one part and East Florida on the other sball respectively touch the Bay of Fundy and the Atlantic ocean, ex- cepting such islands as now are or heretofore have been within the limits of the said Province of Nova Scotia.
Article 3rd. It is agreed that the people of the United States shall continue to enjoy unmolested the right to take fish of every kind on the Grand Bank, and on all the other Banks of Newfoundland ; . also in the Gulph of St. Lawrence, and all other places in the sea, where the inhabitants of both countries used at any time heretofore to fish. And also, that the inhabitants of the United States shall have liberty to take fish of every kind on such part of the coast of Newfoundland as British fishermen shall use, (but not to dry or cure the same on that island,) and also on the coasts, bays, and creeks of all others of his Britannic Majesty's dominions in Ame- rica ; and that the American fishermen shall have liberty to dry and cure fish in any of the unsettled bays, harbours, and creeks, of Nova Scotia, Magdalen Island, and Labrador, so long as they shall remain unsettled ; but so soon as the same, or either of them, shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such settlements, without a previous agreement for that purpose, with the inhabitants, proprietors, or possessors of the ground.
Article 4th. It is agreed that the creditors on either side shall meet with no lawful impediment to the recovery of the full value in sterling money, of all bona fide debts heretofore contracted.
Article 5th. It is agreed that Congress shall earnestly recommend it to the Legislatures of the several States to provide for the resti- tution of all estates, rights, and properties which have been confis- cated, belonging to real British subjects ; and also all the estates, rights, and properties of persons resident in districts in possession of his Majesty's arms, and who have not borne arms against the said United States ; and that persons of any other description shall have free liberty to go to any part or parts of the thirteen United States, and therein to remain twelve months unmolested in their
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