USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XIV > Part 26
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No. 1. Decree of the Federal Court at Trenton, dated 30th of December, 1782.
2. Proclamation of Council upon it, dated the sixth day of Janu- ary, 1783.
3. Act of General Assembly to prevent and stay suits, dated March 13th, 1783.
4. Clause of an act repealing the aforesaid " Act for prevent- ing and staying suits from being brought against Connecticut claimants," from the beginning to the word " notwithstanding," dated the ninth of September, 1783.
5. Resolutions of Assembly of the 21st, 23rd, 29th, and 30th days of January, 1784.
6. Instructions to our delegates under the preceeding resolutions, Feb'ry 14th, 1784.
7. Resolutions of the General Assembly dated December the eighth and ninth, 1783, and March the 31st, 1784, and message from Council to Assembly, dated 31st of March, 1784.
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SUPREME EXECUTIVE COUNCIL.
8. Letter from the President of the State to Major Moore, at Wioming, dated 21st day of February, 1784. .
9. Letter from Alexander Patterson, David Mead, John Seely, and Henry Shoemaker, dated February 21st, 1784.
10. Letter from the Supreme Executive Council to the Gover- nor of Connecticut, under the resolution of the House dated the sixth of March, 1784.
11. Letter from do. to Alexander Patterson, at Wioming, dated the tenth of May, 1784.
12. Letter from Council to the Hon'ble the Judges at Reading, of 22d May, 1784.
13. Letter from Council to John Buyer, Christian Gettey, Frede- rick Antes, and Robert Martin, Esquires, dated twenty-second day of May, 1784.
14. Letter from Council to the Magistrates at or near Wioming, in the county of Northumberland, of the twenty-second day of May, 1784.
15. Extract of a letter from Council to the Honorable the Chief Justice, Mr. Atlee, and Mr. Rush, at Sunbury, dated the twenty- eighth day of May, 1784, from the beginning to the word Sunbury, and letter from Council to the Judges, dated the twenty-fifth of May, 1784.
16. Letter from Alexander Patterson, Esquire, dated Wioming, May 30th, 1784, to the Honorable Thomas Mckean, and other Justices of the Supreme Court, at. Sunbury.
17. Copy of the judgment of the Supreme Court against Colonel James Moore, and others, at Sunbury, at the May sessions, 1784.
18. Depositions of William Brink before the Chief Justice, dated 27th July, 1784.
19. Do. of Captain John Armstrong.
20. Annexed to the foregoing depositions, the depositions of John Seely and Silas Taylor, dated the twenty-fourth of June, and twenty-second of August, 1782.
21. The resolution of Council dated twenty-ninth of July, 1784, for calling out a body of militia from Northampton county, upon evidence of Brink and Armstrong.
22. Letter from the Council to the Magistracy of Northumber- land county, dated July the twenty-fourth, 1784, signed by Secre- tary.
23. Letter from do. to the Sheriff of the said county, dated 29th July, 1784.
24. Extract of a letter from Council to William Wilson, Lieu- tenant of the said county, dated the twenty-ninth of July, 1784.
25. Letter from Council to the Honorable John Boyd, Esquire, and Lieutenant Colonel Armstrong, dated July the twenty-ninth, 1784.
26. Letter from General Armstrong and Honorable John Boyd to county, dated the seventh of August, 1784.
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27. Letter from Council to Honorable John Boyd, and Lieuten- ant Colonel John Armstrong, dated the tenth day of August, 1784.
28. Letter from Lieutenant-Colonel John Armstrong, to Coun- cil, dated Wioming, August the twenty-fourth, 1784.
29. Letter from William Wilson, Lieutenant of Northumberland county, to Colo. John Armstrong, at Wioming, dated Sunbury, the 25th of August 1784.
30. Letter or narrative of Alexander Patterson Blackall, Wil- liam Ball, Samuel Reed, and Andrew Henderson, to the Honora- ble John Boyd, and Lieutenant Colonel John Armstrong, dated August, 1784, containing detail of the disturbances at Wioming from the year 1769.
31. Letter from Council to Lieutenant Colonel John Armstrong, of August 27th, 1784.
32. Letter from Council to Lieu't Colonel Armstrong, at Wio- ming, of August 30th, 1784.
33. Copy of an act of the General Assembly dated the fifteenth of September, 1784, for restoring the possession of certain mes- suages, &ca., in Northumberland county, to the persons who lately held the same.
34. Proclamation of Council, dated the fifth day of October, 1784.
35. The paper addressed to the poople at or near Wioming, . founded upon the said proclamation.
36. The collection of papers as published in Claypoole's news- .paper, dated the sixth day of October, 1784 .- See the paper of that date.
37. Letter from Council to the Justices of the Peace of North -. umberland county, vizt : Messieurs Buyers, Gettig, Culbertson, Scely and Mead, dated the sixth day of October, 1784.
38. Letter from General John Armstrong to Council, dated 25th October, 1784.
39. Letter from General John Armstrong to Council, dated 15th of Nov'r, 1784.
40. Depositions of William Miller, Enos Randle, Henry Brink, Obediah Walker, Joseph Montawny, James Johnston, Catharine Bowerlane, Preserved Coolley, John Tilbury and Lena Tilbury, taken before the Committee of Council appointed January 14th, 1785.
41. Depositions of William Young, Ezekiel Scoonover, Daniel Haines, Benjamin Hillman, Susanna Lanterman and William Brink, taken before same Committee.
42. Copy of a petition of thirty six freeholders in Lower Smith- field township, in the county of Northampton, in behalf of the people lately driven from Wioming.
The Comptroller General's reports upon the accounts of Mat- thew Irwin, for sugar, coffee, &ca., furnished in 1779, to William Crispin, Commissary of the State navy, was read and approved.
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SUPREME EXECUTIVE COUNCIL.
Drafts of letters, circular to the Commissioners and Lieutenants of the several counties, were read and approved.
A letter to George Stewart, Esquire, surviving Agent for the sale of Confiscated Estates in the county of Lancaster, upon the subject of a mortgage said to be due by the estate of George Ross, deceased.
The Council met.
PHILADELPHIA, Friday, January 21st, 1785. PRESENT :
The Honorable JAMES IRVINE, Esquire, Vice President.
Jonathan Hoge, 'Stephen Balliot,
John Whitehill,
Charles Biddle,
John Nevill,
John Boyd, Esquires.
Isaac Meason,
John Woods, and
John McDowell, Daniel Hiester,
Upon motion of Mr. Biddle,
Ordered, That a commission be issued appointing John Eckhart to be a Justice of the Court of Common Pleas in the county of Berks.
The report of Joseph Luckey and William Hazlet, Esquires, two of the Justices appointed to hear the evidence respecting the elec- tion of a Justice of the Peace for the district of the townships of Oxford, East and West Nottingham, was read, and there not ap- pearing sufficient reason to set aside the said election, it was accord- ingly confirmed, and Philip Scott, Esquire, appointed a Justice of the Peace and of the Court of Common Pleas in and for the said county.
An order was drawn upon the Treasurer in favor of the Honora- ble Charles Biddle, Esquire, for the sum of forty-six pounds seven shillings and six pence specie, in full for his attendance in Council until this day inclusively.
VOL. XIV .- 21.
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The Council met.
PHILADELPHIA, Saturday, January 22nd, 1785.
PRESENT :
The Honorable JAMES IRVINE, Esquire, Vice President.
The Honorable Jonathan Hoge, John McDowell,
Isaac Meason, . John Whitehill,
John Neville, Charles Biddle,
John Boyd, Stephen Balliot, and 1-
Esquires.
John Woods, Daniel Hiester,
The Comptroller General's report upon the account of Ensign James Morrison, of Captain John Hughes' company of Rangers of the county of Washington, was read and approved ; the ballance due to him being ninety pounds.
The Council met.
PHILADELPHIA, Monday, January 24th, 1785.
PRESENT :
The Honorable JAMES IRVINE, Esquire, Vice President. The Honorable Jonathan Hoge, John M'Dowell,
Isaac Meason, John Whitehill,
John Neville, Charles Biddle,
John Boyd,
Stephen Ralliot, and John Woods, Daniel Hiester, -1-
Esquires.
Returns of elections of Justices for the several districts of Agusta, Penns, Buffaloe, Turbutt and Mahoning, in the county of Northumberland, were presented and read, on which it was
Ordered, That William Maclay, William Shaw, Simon Sneider and William Irwin, be appointed Justices of the Peace for the said county, and commissioned accordingly ; that as there has been an irregularity in returning four Magistrates from the district of Mahoning, it be recommended to the inhabitants thercof to pro- ceed to another election, and make the return of two persons only, agreeably to law ; that William Maclay and William Shaw, Es- quires, be appointed Justices of the Court of Common Pleas in and for the county of Northumberland, and commissioned accord- ingly.
A return of an election for a Justice of the Peace for the dis- trict of Germaine, in the county of Fayette, was read, and an order taken that Andrew Robb, Esq'r, be appointed a Justice of the Peace and of the Court of Common Pleas in and for the county aforesaid.
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SUPREME EXECUTIVE COUNCIL.
Thursday next is set apart for hearing the Wardens of the Port upon their late propositions to Council, and Friday following for determining the contested election of a Justice of the Peace for the Northern Liberties.
The Council met.
PHILADELPHIA, Tuesday, January 25th, 1785.
PRESENT : His Excellency JOHN DICKINSON, Esquire, President.
The Honorable JAMES IRVINE, Esquire, Vice President. The Honorable John M'Dowell, Isaac Meason, Stephen Balliot, John Woods, John Boyd, Daniel Hiester, and SEsquires. John Neville, Jonathan Hoge, John Whitehill,
Upon the petition of Margaret Barnet, convicted of larceny in the county of Philadelphia, it was
Ordered, That her fine be remitted.
Ordered, That Saturday next be set apart for a hearing of the several claims of John Lownes, and Charles Cecil to city lots under old rights from William Penn, the first proprietor of Pennsylvania, and that Monday next be assigned for a hearing upon similar claims of Samuel Preston Moore and others, and Nicholas Young.
An order was drawn upon the Treasurer in favor of Lieutenant James Morrison, late of Captain John Hughes' company of Ran- gers, in Washington county, for the sum of fifteen pounds, being two month's pay, for which he is to be accountable.
An order was drawn upon the Treasurer in favor of the Honora- ble John Neville, for thirty-five pounds specie, in full for his attendance in Council untill this day inclusively.
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The Council met.
PHILADELPHIA, Wednesday, January 26th, 1785.
PRESENT :
His Excellency JOHN DICKINSON, Esquire, President.
'T'he Honorable JAMES IRVINE Esquire, Vice President.
The Honorable John M'Dowell, John Woods,
John Whitehill, Isaac Meason, and
Stephen Balliot, Jonathan Hoge, Esquires. John Boyd,
. The Managers of the State Lottery having represented to Coun- cil agreeably to law, the state of the sales of tickets in the first olass,
Ordered, That the second day of May next be appointed for ye commencement of the drawing of the said class, and that the Mana- gers be directed to proceed accordingly.
The Council met.
PHILADELPHIA, Thursday, January 27th, 1785.
PRESENT :
His Excellency JOHN DICKINSON, Esq'r, President.
The Honorable JAMES IRVINE, Esquire, Vice President.
The Honorable John McDowell, John Woods, John Whitehill, Isaac Meason, and Stephen Balliot, Jonathan Hoge,
Esquires. John Boyd,
The Comptroller General's reports upon the following accounts were read and approved, vizt :
Of Jonathan Hennard, and David Ruble, for provisions furnished to the Washington county militia.
Of Dorsey Pentecost, Esquire, for disbursements in raising Cap- tain Hughes's company of Rangers.
Of William Marshall's, for losses sustained in the Indian expe- dition of 1781.
Of the pay due to the non-commissioned officers and privates of Captain Hughes's company.
Of Lieutenant Gabriel Peterson, for pay in the said company.
Of Ezekiel Lewis, for a horse lost in Colonel Lochry's expedi- tion.
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SUPREME EXECUTIVE COUNCIL.
Of James Sutter, for his expenses in going to the salt works of this Commonwealth.
And of William Wilson, Esquire, Lieutenant of the county of Northumberland.
A conference was this morning had with the Wardens of the Port of Philadelphia, upon the subject of their late letter respect- ing the further improvement of the navigation of the river.
On motion,
That a President of the Court Common Pleas in the county of Northumberland be now appointed,
Ordered, That the said appointment be postponed.
William Irwin, and Simon Sneider, Esquires, were appointed and commissioned to be Justices of the Court of Common Pleas, in and · for the county of Northumberland.
The Council met.
PHILADELPHIA, Friday, January 28th, 1785. PRESENT :
His Excellency JOHN DICKINSON, Esquire, President.
The Honorable JAMES IRVINE, Esquire, Vice President.
The Honorable John Whitehill, John Woods, Isaac Meason, Stephen Balliot, and
Jonathan Hoge, John Neville, Esquires. John Boyd,
The parties upon the disputed election of Justices of the Peace in the Northern Liberties, were heard.
An order was drawn upon the Treasurer in favor of John Nich- olson, Esquire, Comptroller General, for the sum of five hundred pounds, State money, to discharge the one-third part of deprecia- tion certificates, agreeably to act of Assembly dated the thirteenth of April, 1782.
The petition of Peter Hosterman, against the appointment of Simon Sneider, elected a Justice of the Peace for the district of Penn, in the county of Northumberland, was read, and an order taken that Mr. Sneider be not commissioned untill the exceptions of Mr. Hosterman be heard.
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The Council met.
PHILADELPHIA, Saturday, January 29th, 1785.
PRESENT :
His Excellency JOHN DICKINSON, Esquire, President.
The Honorable JAMES IRVINE, Esquire, Vice President. The Honorable John McDowell, John Whitehill, Charles Biddle, Jonathan Hoge, John Boyd, John Woods, and Esquires.
John Neville, Daniel Hiester,
Isaac Meason,
The memorial of a committee of merchants on the subject of erecting some additional piers in the river Delaware, for the better shelter and protection of vessels, was read, and
Ordered, To be filed.
The hearing upon the claim of Charles Cecil, and John Lownes, appointed for this day, was postponed until Wednesday next.
A draft of a message in reply to that from the General Assem- bly of the twenty-fourth day of December last, was presented to Council, read twice, and
Ordered, To be transcribed.
An order was drawn upon the Treasurer in favor of the Honorable Daniel Hiester, Esquire, for the sum of fifty-one pounds twelve shillings and six pence specie, in full for his attendance in Council until this day, inclusively.
The Council met.
PHILADELPHIA, Monday, January 31st, 1785.
PRESENT :
His Excellency JOHN DICKINSON, Esquire, President.
The Honorable JAMES IRVINE, Esquire, Vice President.
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable John McDowell, for the sum of twen- ty-seven pounds two shillings and six pence, in full for his attend- ance in Council until this day, inclusively.
In favor Colonel William Wilson, Lieutenant of the county of Northumberland, for eight pounds five shillings specie, for mili- tia expences.
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SUPREME EXECUTIVE COUNCIL.
In favor of the Honorable John Boyd, Esquire, for the sum of sixty-two pounds twelve shillings and six pence specie, in full for his attendance in Council until this day, inclusively.
In favor of the Honorable John Woods, for the sum of fifty-four pounds five shillings specie, in full for his attendance in Council untill the thirty-first day of January, 1785, inclusively.
In favor of the Honorable Isaac Meason, Esquire, for the sum of forty five pounds ten shillings, for his attendance on the thirty-first of January, 1785, inclusively.
Richard Wells, and others, and Nicholas Young, were heard upon. their several claims to city lots.
The depositions of Daniel Rees and John Smith, were taken by the committee appointed the fourteenth instant.
The Council met.
PHILADELPHIA, Tuesday, February, 1785:
PRESENT :
The Honorable JAMES IRVINE, Esquire, Vice President. The Honorable Jonathan Hoge, John Woods,
Isaac Meason, John McDowell,
John Neville, Daniel Hiester, and Esquires. Charles Biddle, Stephen Balliot, John Boyd,
Upon the petition of William Stringer, convicted of larceny at the January sessions for the city, and recommendation of the Jus- tices; it was .
Ordered, That the corporal punishment to which he was sen- tenced, be remitted.
The petition of Henry Doran, convicted of fornication at the same sessions, was read. Upon consideration,
Ordered, That the fine of ten pounds adjudged to the use of the State, be remitted.
An order was drawn on the Treasurer in favor of Frederick Snei- der, for fifteen pounds twelve shillings and six pence, in full for his attendance as Doorkeeper until the thirty-first of January, 1785, inclusively, and cash paid for newspapers, &c.
The Message to the General Assembly in reply to theirs of the twenty-fourth day of December last, being transcribed and read in Council by paragraphs, the President was requested to sign the same, which was done accordingly.
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A message from the President and the Supreme Executive Coun- cil to the General Assembly.
GENTLEMEN :
As an affectionate concern for the welfare of Pennsylvania prompted our message of the fourth of December last, the same disposition. will govern our reply to your answer of the twenty- fourth of that month. For if, in the discussion of affairs so im- portant to the good people of this State, we should suffer any mo- tive to tempt us into digressions from the subject, we should think ourselves wanting in our duty to them, and in the respect that upon every occasion ought to be observed, and which we are al- ways pleased to have opportunities of testifying for your honorable House.
It affords us much satisfaction to find that two points, which ap- peared to us very material, one of them mentioned in our message, and the other in conference with your committee appointed upon it, are now provided for in the " Act to alter and amend the act for opening the Land Office," &c., passed the twenty-first day of De- cember last, so that the inconveniences apprehended from giving credit upon the sales of the lands, and from not limitting the price below which they should not be sold, are to be prevented.
Happy should we have been if your sentiments had correspond- ed with our own upon another question of moment; that is, whe- ther this Commonwealth shall immediately assume all the debts of the United States to citizens of this State, and establish a perpet- ual fund for paying annually six per cent. interest upon them, un- der the direction of the State.
It cannot be pretended that the honor and justice of this State are more loudly called upon to make this assumption than the honor and justice of the United States are to render it needless. As lit- tle can it be pretended that " public credit will be recovered" by a procedure announcing that the "public credit" of the Union, in which the prosperity of all confederated America is bound up, can- not be relied upon.
Our situation is that of a State united with others by compact ; and hence is derived a primary obligation not to take any step that may "interfere with foderal measures, or tend to weaken the Union."
With this situation we were anxiously desirous of reconciling the relief of our fellow-citizens who are creditors of the United States. It was, therefore, our first wish, that any means devised for this purpose might have been managed with the authority of Congress. Their wisdom, integrity, and benevolence, with regard to such cred- itors, are evinced by their acts of the fourth of September, 1782, the eighteenth of April, 1783, and the twenty-seventh and twenty- eighth of April, 1784. Proper representations would surely have obtained all the success that might be compatible with the most essential interests of the Union.
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SUPREME EXECUTIVE COUNCIL.
But as the legislative branch chose to proceed without making this application, our next wish was, that the business might be conducted in such manner that we might not appear either to dic- tate to the United States, in Congress assembled, or to reduce this State to such a condition as to be unable to supply competent pay- ments upon future requisitions to the Continental Treasury, unless by a general distress of the people.
Thus the great question has arisen, whether Pennsylvania ought, in the circumstances actually existing, to establish the before de- scribed perpetual fund.
Your Honorable House has expressed a "wish that we, instead of resting on a general declaration, had pointed out the interference of such an establishment with Fœderal measures." With deference for that wish, we will now endeavour to shew the interference.
By the confederation, " all charges and expences incurred for the common defence or general welfare, and allowed by the United States, in Congress assembled, are to be defrayed out of the com- mon Treasury, to be supplied by the several States, and the neces- sary sums for the service are to be ascertained, appropriated, and applied by Congress."
In their act of December the sixteenth, 1782, Congress say : "By the confederation, Congress have an absolute discretion in de- termining the quantum of revenue requisite for the national ex- penditure. No State can dispute the obligation to pay the sum demanded, without a breach of the confederation; and when the money comes into the Treasury, the appropriation is the exclusive province of the Federal Government."
It is indisputable that these Powers comprehend the whole man- agement of the national debt. Congress, in their act of April 27th, 1784, mention their requisition of one million and two hundred thousand dollars on September the fourth, 1782, thus : "This re- quisition gave licence to the States to apply so much as should be necessary of their respective quotas of it to the payment of inter- est due on certificates issued from the Loan Office of their own States, and other liquidated debts of the United States contracted therein."
Then, mentioning their requisition of one-half of the eight mil- lions of dollars, they add : "But while this proportion of former deficiencies is of necessity called for, under the pressure of de- mands which will admit either denial nor delay, and the punctual compliance of every State is expected, to enable the Federal ad- ministration, with certainty, to satisfy these demands, it is earnest- ly and warmly recommended to the abler States to go as far be- yond this proporcion in specie as their happier situation will admit, under an assurance that such further contributions will be applied towards discharging the public debt, agreeably to the preceding statement, and will be placed to their credit in the next requisi- tions, with interest thereon from the time of payment."
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Again, on the twenty-eighth of the same month, Congress, "ob- serving, that of the purposes for which money is wanting, about three-fourths can be answered by nothing but money itself," re- quire them to " be paid in actual money, allowing discounts of in- terest with domestic creditors as to the other fourth; the said three-fourths, or greater proportion, if any State should not avail itself of the facilities, in the degree admitted, paid in money at the same time, to be applied according to the above statement." As to the balances that may afterwards remain of the requisitions of eight and of two millions, Congress, by their resolutions of April last, deferr " the calling them into payment," until the States shall be more able to comply.
Such are the powers vested in Congress, and such has been their unquestioned exercise of them. How wisely or beneficially they have been thus vested, it would be idle to enquire. It has been demonstrated, that in order that they may provide in the. best man- ner for the honor, the defence, the harmony, and welfare of these States, their hands ought rather to be strengthened than weak- ened.
Taking into our serious consideration these circumstances, and " the design of establishing a perpetual fund for the quota of this State of the annual interest of the aggregate debt of the United States contracted during the late war," and for appropriating and applying the same under the direction of this State, to the pay- ment of its own citizens, it appeared to us a matter of the utmost importance that this plan should be executed upon such principles as to be satisfactory to the United States.
Here is to be the faith of this State perpetually plighted to a particular class of the creditors of the United States, and its reve- nues, to the amount of its whole quota of the debt, exclusively and without limitation of time pledged to them. We say without limi- tation of time, for the proviso in the bill published, "that the payment and appropriation aforesaid of the said quota shall cease whenever the United States shall make and carry into execution other effectual and permanent provision for paying the annual in- terest and arrearages of interest due and arising on their aforesaid. debts," does not remove the objection. This clause plainly alludes to the unexecuted recommendation of the eighteenth of April, 1783, before mentioned in the bill, and to the recital before made in it, " that a considerable time may elapse before a general and effective plan for the good purposes aforesaid may be formed and ratified by the several States, so as to be put in execution." But until such other permanent provision and plan shall be so made and ratified, the first obligation under the confederation, for every State to pay its quota, upon requisitions of Congress, into the common Treasury," still continues in full force.
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