USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XIV > Part 3
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21
SUPREME EXECUTIVE COUNCIL.
endeavours to obtain a restitution of such their estates, rights, and properties, as may have been confiscated ; and that Congress shall also earnestly recommend to the several States a reconsideration and revision of all acts or laws regarding the premises, so as to render the said laws perfectly consistent, not only with justice and equity, but with that spirit of conciliation which, on the return of the blessings of peace, should universally prevail. And that Con- gress shall also earnestly recommend to the several States, that the estates, rights and properties of such last-mentioned persons, shall be restored to them, they refunding to any persons who may be now in possession, the bona fide price, (where any has been given,) which such persons may have paid on purchasing any of the said lands, , rights, and properties, since the confiscation. And it is agreed that all persons who have any interest in confiscated lands, either by debts, marriage settlements, or otherwise, shall meet with no lawful impediment in the prosecution of their just rights.
Article 6th. 'That there shall be no future confiscations made, nor any prosecutions commenced against any person or persons, for or by reason of the part which he or they may have taken in the present war ; and that no person shall, on that account, suffer any further loss or damage, either in his person, liberty, or property, and that those who may be in confinement on such charges at the time of the ratification of the treaty in America, shall be immediately set at liberty, and the prosecution so commenced be discontinued.
Article 7th. There shall be a firm and perpetual peace between his Brittanic Majesty and the said States, and between the subjects of the one and the citizens of the other : wherefore, all hostilities, both by sea and land, shall from henceforth cease; all prisoners, on both sides, shall be set at liberty, and his Britannic Majesty shall, with all convenient speed, and without causing any destruction, or carrying away any negroes or other property of the American inhabitants, withdraw all his armies, garrisons, and fleets, from the said United States, and from every port, place, and harbour, within the same, leaving in all fortifications the American artillery that may be therein, and shall also order and cause all archives, re- cords, deeds, and papers, belonging to any of the said States, or their citizens, which, in the course of the war, may have fallen into the hands of any of his officers, to be forthwith restored and de- livered to the proper State and persons to whom they belong.
Article 8th. The navigation of the river Mississippi, from its source to the ocean, shall for ever remain free and open to the sub- jects of Great Britain and the citizens of the United States.
Article 9th. In case it should happen that any place or territory belonging to Great Britain or to the United States, should have been conquered by the arms of either from the other, before the arrival of the said provisional articles in America, it is agreed that the same shall be restored without difficulty, and without requiring any compensation.
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22
MINUTES OF THE
Article 10th. The solemn ratification of the present treaty, expe- dited in good and due form, shall be exchanged between the con- tracting parties in the space of six months, or sooner if possible, to be computed from the day of the signature of the present treaty. In witness whereof we, the undersigned their Ministers Plenipo- tentiary, have in their, and in virtue of our full powers, signed with our hands the present definitive treaty, and caused the seals of our arms to be affixed thereto."
And whereas, The United States in Congress Assembled, having seen and duly considered the definitive articles aforesaid, did by a certain article, under the seal of the United States, bearing date the fourteenth day of January, 1784, approve, ratify, and confirm the same, and every part and clause thereof, engaging and promis- ing that they would faithfully perform and observe the same, and never to suffer them to be violated by any one, or transgressed in any manner, as far as should be in their power :
And whereas, The said United States being sincerely disposed to carry the said articles into execution truly, honestly, and with good faith, according to the intent and meaning thereof, by their proclamation bearing date on the said fourteenth day of January, to notify the premises to all the good citizens of these States, there- by enjoining all bodies of Magistracy, Legislative, Executive, and Judiciary, all persons bearing offices, civil or military, of what rank, degree, or powers, and all others the good citizens of these States, of every vocation and condition, that, reverencing those stipulations entered into on their behalf, under the authority of that Fœderal bond by which their existence as an independent people is bound up together, and is known and acknowledged by the Nations of the world, and with that good faith which is every man's surest guide, within their several offices, jurisdictions, and vocations, they carry into effect the said definitive articles, and every clause and sentence thereof, strictly and completely:
We have thought fit to make known the premises to the citizens of this State, and we do hereby strictly charge and command them. to observe and act conformable to the same; and we do hereby re- quire all Sheriffs to cause this proclamation to be made public in their respective counties.
Given in Council, under the hand of the President and the seal of the State, at Philadelphia, this twenty-second day of January, in the year of our Lord one thousand seven hundred and eighty- 1 four.
JOHN DICKINSON.
Attest-JOHN ARMSTRONG, Jun'r, Secretary.
GOD SAVE THE COMMONWEALTH.
23
SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Friday, January 23rd, 1784. PRESENT : 1
The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, Bernard Dougherty, Stephen Balliot, and
George Wall, Jun'r, John M'Dowell,
Isaac Mason,
Esquires.
John Boyd,
Letters from the Honorable Edward Hand and Charles Thomp- son, Esquires, with their respective enclosures, were read, and an order taken that they be transmitted to the Honorable the General Assembly.
The Comptroller's report upon the account of Ro- bert Levers and Peter Kichline, Esquires, was read, £56 7 5 approved, and an order drawn on the Naval Officer in their favor, for fifty-six pounds seven shillings and five pence, in full of their account of services in sup- plying and forwarding the march of Major Moore's detachment, to be paid out of the monies appropria- ted by resolution cf Assembly for raising two compa- nies of Infantry.
The following orders were drawn on the Treasurer, to be paid out of the fund appropriated by resolution of the General Assem- bly of the twenty-second day of November, 1783, for expences of government, to wit:
In favor of the Honorable Richard M'Callister, for the sum of five pounds five shillings, for attendance in the Council of Censors 'till the twenty-first of Jan- uary, 1784, to be paid according to resolution of As- sembly of the twenty-second of November, 1783.
In favor of the Honorable David Espy, Esquire, for the sum of four pounds seven shillings and six pence specie, for attendance aforesaid.
In favor of the Honorable Arthur Sin Clair, for the r sum of twenty pounds four shillings and six pence . 20 4 6 specie, for attendance as aforesaid.
In favor of the Honorable Frederick A. Muhlen- berg, Esquire, twenty-two pounds thirteen shillings and six pence, for his services as President of the said Council 'till the twenty-first of January, 1784.
£5 5 0
4 7 6
22 13 6
24
MINUTES OF THE
The Council met.
PHILADELPHIA, Saturday, January 24th, 1784.
PRESENT :
. His Excellency JOHN DICKINSON, Esquire, President. The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, John McDowell, George Wall, jun'r, . Bernard Dougherty, and Sebastian Levan, Isaac Mason, 7 Esquires. John Boyd,
Upon a return of Justices for the township of Shirley and county of Bedford, Robert Galbraith was appointed a Justice for the said district.
The following orders were drawn in favor of Cap- £30 0 0 tain James Christie, for the sum of thirty pounds upon account, being two months' pay as commanding offi- cer of a company in the service of the State, to be paid out of the monies in the hands of the Naval Offi- cer.
And in favor of the Honorable Joseph Hart, Es- 5 7 6 quire, for the sum of five pounds seven shillings and six pence, agreeably to the Comptroller's report upon the account of his attendance as a Censor 'till the twenty-first instant.
19 10
And in favor of Samuel Kinsey, for nineteen 0 pounds ten shillings specie, in full for his wages as Messenger to the Council of Censors 'till the twenty- second of this instant.
The two last mentioned sums to be paid according to resolution of Assembly of 22nd November, 1783.
Mr. Delany, Mr. Hubley, Mr. Long, Mr. McPherson, and Mr. Carothers, a Committee of the General Assembly, attended with Council at the President's house, when a conference took place upon the different subjects recommended in the first and second messa- ges from the President and Supreme Executive Council.
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25
SUPREME EXECUTIVE COUNCIL.
The Council met.
4
PHILADELPHIA, Monday, January 26th, 1784.
PRESENT :
The Honorable JAMES EWING, Esquire, Vice President.
The Honorable James Irvine, Samuel J. Atlee, 4
George Wall, John Byers,
John McDowell, Isaac Mason, and Esquires. John Boyd, John Neville,
The Comptroller's report upon the accounts of William Scott, Esquire, Pay Master of the county of Bucks, was read and ap- proved.
An order was drawn on the Treasurer in favor of the Honorable James Read, Esquire, for the sum of five pounds five shillings, in full for his account for at- tendance in the Council of Censors 'till the. twenty- first instant, inclusively.
£5 5 0
An order was drawn on the Treasurer in favour of the Honorable Sebastian Levan, Esquire, for eighty pounds ten shillings specie, in full for his attendance as a member of this Board 'till the thirty-first day of January, 1784, inclusively.
80 10 0
1
The Council met.
PHILADELPHIA, Tuesday, January 27th, 1784.
PRESENT :
The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, Samuel J. Atlee,
George Wall, Jun'r, John Byers,
John McDowell, Isaac Mason, and Esquires. John Boyd, John Neville,
A letter from Brigadier General Hand, inclosing a manuscript copy of a report of the twenty-fifth of September, 1783, digested into a resolution of Congress, bearing date the fifteenth day of Oc- tober, 1783, was read and transmitted to the House.
26
MINUTES OF THE
The Council met. .
PHILADELPHIA, Wednesday, January 28th, 1784.
PRESENT :
The Honorable JAMES EWING, Esquire, Vice President.
The Hon'ble James Irvine, John Byers,
John McDowell, Samuel J. Atlee,
George Wall, Jun'r, Isaac Mason, and
Esquires.
John Boyd, John Neville,
A state of donations to the University, was this day presented to Mr. Delany, a member of the House, agreeably to their late resolution upon that subject.
The Council met.
PHILADELPHIA, Thursday, January 29th, 1784.
PRESENT :
The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, John Byers,
George Wall, Jun'r, Samuel J. Atlee,
John McDowell,
Isaac Mason, and
Esquires.
John Boyd, John Neville,
The petition of Jonathan Treitby, wounded in the evening of the twenty-fourth instant, was read, and an order taken that he be al- lowed the weekly sum of ten shillings untill four weeks from this date have expired-to be paid out of the fees arising from the Sec- retary's office.
A petition from Joseph Pennock, setting forth his claim to a city lot under the right of an original purchase from William Penn, Esquire, was read, and referred to the Surveyor General to examine and report thereon.
27
SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Friday, January 30th, 1784.
PRESENT :
The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, John Boyd,
George Wall, Jun'r,
Isaac Mason, and
John McDowell,
John Neville,
Esquires.
Samuel J. Atlee, '
A certificate from Major Isaac Craig, in favor of John Harris, Jonathan Trickel, and James Fitzimmons, three soldiers, was read ; and on consideration,
Ordered, That the Comptroller General be authorized to pay to each of the said soldiers the sum of nine pounds, State money; the gratuity allowed by resolution of Assembly of the eighth of March, 1781.
The Council met.
PHILADELPHIA, Saturday, January 31st, 1784.
PRESENT : :
The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, John McDowell,
Isaac Mason,
Stephen Balliot, Esquizes. John Byers,
Samuel J. Atlee,
George Wall, Jun'r,
John Boyd, Sebastian Levan, and | John Neville,
The following orders were drawn on the Treasurer, vizt :
In favor of Frederick Sneider, for the sum of fifteen pounds ten shillings, in full for his wages as Door £15 10 Keeper to this Board 'till the thirty-first of January, 1784, inclusively.
In favor of the Honorable John McDowell, Es- quire, for fifty-four pounds five shillings, in full for his wages for attendance in Council 'till the thirty-first of January, 1784, inclusively.
54 5 0
In favor of the Honorable John Boyd, Esquire, for thirty-three pounds five shillings, in full for his atten- dance in Council 'till the thirty-first of January, 1784, inclusively.
33 5 0
-
The petition of John Thompson, convicted of larceny in the county of Philadelphia, was read and rejected.
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28
MINUTES OF THE
The oath of office prescribed by law, was this morning adminis- tered to Jonathan Burrall, Esquire, a Commissioner for settling the accounts of the Commissary's Department.
-
The Council met.
PHILADELPHIA, Monday, February 2nd, 1784. PRESENT :
The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, John Boyd,
George Wall, Jun'r,
Sebastian Levan,
John McDowell,
John Byers,
Esquires.
Samuel J Atlee, Isaac Mason, and
Stephen Balliot,
John Neville,
Upon application of the Attorney General, it was
Ordered, That the Agents of Confiscated property in the city and counties, be directed to furnish the said Attorney General with the dates of the several advertisements of sale which they have respectively issued in the course of their public employment.
Mr. Boyd was appointed to accompany the Vice President during the session of the Board of Property for this month.
The following orders were drawn on the Treasurer, vizt :
£27 2:
In favor of the Honorable Stephen Balliot, Es- 6 quire, for twenty-seven pounds two shillings and six pence specie, in full for his attendance at this Board 'till the thirty-first ult., inclusively.
In favor of Thomas Craig, Esquire, for the sum of £10 0 0 ten pounds specie, in full for his pay as Lieutenant of the county of Northampton from the time of his ap- pointment to this day, to be paid out of the militia fines of the said county.
0
6
1
29
SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Tuesday, February 3rd, 1784.
PRESENT :
The Honorable JAMES EWING, Esquire, Vice President.
The Hon'ble James Irvine, Stephen Balliot, George Wall, Jun'r, John Boyd, John McDowell, Isaac Mason, and
A Èsquires.
Samuel J. Atlee, John Byers,
Mr. Rush, Mr. McClay, and Mr. Clymer, a committee of the House, attending in Council, a conference was held upon the sub- ject of a letter from Thomas Smith, Esquire, to the Comptroller General, on the case of Charles Cessna's sureties and accounts.
A letter from Joseph Stiles, Esquire, solliciting an order upon the Treasury in his favor for the sum of eighty pounds ten shil- lings, for the purpose of discharging a debt contracted by him on the part of the State, was read, and referred to the Comptroller General.
A letter from the Honorable Cadwallader Morris, inclosing a memorial from the Commonwealth of Massachusets to Congress, was read.
A letter from Major James Moore, with its inclosures, was also read.
The Council met at the President's House.
PHILADELPHIA, Wednesday, February 4th, 1784. PRESENT :
His Excellency JOHN DICKINSON, Esquire, President.
The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, John Boyd, 7
John McDowell,
Isaac Mason,
George Wall, Jun'r, John! Neville, Esquires. Samuel J. Atlee,
A petition from Robert Anderson, invalided according to law, and now a pensioner upon this State, was read, and an order taken that it be referred to the Judges of the Orphans' Court, who are requested to report upon it as early as possible.
Mr. McClay, Mr. Coleman, and Mr. Cluggage, a committee of the House, attending in Council, a conference was had upon the subject of opening the land office .. .
30
MINUTES OF THE
A draft of a message to the General Assembly was read, adopted as follows, and presented by the Secretary :
A Message from the President and the Supreme Executive Coun- cil, to the General Assembly.
GENTLEMEN :- Inclosed are the memorial of Mr. John Camp- bell, and copies of entries on which his claims and Colonel Charles Simms's are founded.
We intend to write immediately to the government of Virginia, for transcripts of the laws of that State relative to the subject, for certificates respecting the authenticity of the documents produced by Mr. Campbell, and for authenticated copies of all the proceed- ings in public offices concerning similar claims.
In the mean time it appears to us adviseable that the agreement should be confirmed by a law, and proper powers be established for issuing warrants of survey, hearing and determining controversies, and granting patents, in order that the stipulations between the two States may be with good faith, carried into full execution. JOHN DICKINSON. Council Chamber, Philad'a, February 4th, 1784.
The Council met.
PHILADELPHIA, Thursday, February 5th, 1784. PRESENT :
The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, John Boyd,
George Wall, Junior, Isaac Mason,
John McDowell, Samuel J. Atlee,
John Neville,
Esquires.
A petition from William McMeen was read, and an order taken that the fine of five pounds imposed upon him on conviction of a forcible entry, and adjudged to the use of the State, be remitted.
A letter from De Marcellin and Le Roy, late Lieutenants in the Pennsylvania line, was read, and an order taken that their memo- rial of the second instant be transmitted to the honorable the Gen- eral Assembly.
1
SUPREME EXECUTIVE COUNCIL.
31
The Council met.
PHILADELPHIA, Friday, February 6th, 1784.
PRESENT :
The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, John Byers,
George Wall, Jun'r,
Isaac Mason,
John McDowell,
Stephen Balliot, and & Esquires.
Samuel J. Atlee,
John Neville,
John Boyd,
A letter from Charles Thomson, Esquire, inclosing a resolution of Congress of the twenty-sixth day of January last, assigning the fourth Monday of June next for the purpose of holding a Foederal court upon the private right of soil to the Wyoming lands, was read, and transmitted to the House of Assembly.
That part of the corporal punishment which, by sentence of the court, was to be inflicted upon John Thompson on Saturday next, is hereby remitted.
Upon the petition of Thomas Charles, now confined in the gaol of the city and county of Philadelphia,
Ordered, That the corporal punishment to which he was sen- tenced upon conviction of larceny, be remitted.
The Council met.
PHILADELPHIA, Saturday, February 7th, 1784.
PRESENT : His Excellency JOHN DICKINSON, Esquire, President.
The Honorable JAMES EWING, Esquire, Vice President. The Hon'ble James Irvine, John Boyd,
George Wall, Jun'r, Stephen Balliot,
John McDowell, Isaac Mason, and
Esquires.
Samuel J. Atlee, John Neville,
A committee of the Assembly (Mr. Delany, Mr. Rush, Mr. Hub- ly, Mr. Carothers, Mr. McPherson, and Mr. Long) attending in Council, a conference was had upon the subject of a late ordinance of Congress, by which a Federal court is to be held for the purpose of ascertaining the private right of soil to the lands of Wyoming.
A letter from Major Moore to Alexander Patterson, Esquire, with its inclosures, was laid before Council, and an order taken that it be transmitted to the honorable the General Assembly.
32
MINUTES OF THE
On consideration, . Ordered, That a commission issue to Henry Shoemaker, Esquire, as a Justice of the Peace for the county of Northumberland.
The Council met.
PHILADELPHIA, Monday, February 9th, 1784. PRESENT :
The Honorable JAMES EWING, Esquire, Vice President.
James Irvine, John Byers, r George Wall, Junior, Isaac Mason, and John M'Dowell,
John Neville,
Esquires.
John Boyd,
Two orders were drawn on the Treasurer, as follows, to wit :
One for four hundred and nineteen pounds eleven £119 11 10 shillings and ten pence halfpenny specie, in favor of Richard Wallace, Esquire, "out of the monies re- maining in the hands of the Naval Officer, anything in the resolution of Assembly of the twenty-second of September last to the contrary notwithstanding," according to resolution of Assembly of the seventh instant, being in full of his account for provisions fur- nished by him to the ,militia on the frontiers.
And the other for thirty pounds specie, in favor of 30 0 0 the Honorable Samuel J. Atlee, Esquire, on account of his wages as Councillor.
Letters from Major James Moore, Alexander Patterson, Esquire, and Captain James Chrystie, of the first, sixth, and seventh in- stant.
A memorial from Abel Yarington, of Wyoming, and a deposi- tion of John Seely, respecting Colonel Jacob Stroud, were read, and an order taken that they be transmitted to the General Assembly.
The Council met.
PHILADELPHIA, Tuesday, February 10th, 1784.
PRESENT : The Honorable JAMES EWING, Esquire, Vice President.
The Hon'ble James Irvine, Stephen Balliott,
John McDowell, Isaac Mason, and.
Esquires.
George Wall, Junior, John Neville, John Boyd,
On application of John Field,
Ordered, That John Patten, Samuel Garrigues and Amos Wick- crsham, be requested to sit as a Board of Inspection into the state
33
SUPREME EXECUTIVE COUNCIL.
of a quantity of tea lately imported from Amsterdam, in the Para- gon ship, Henry Hughes, Master, from Amsterdam, and that they make report to this Board, agreeably to law.
An order was drawn on the Treasurer in favor of Jared Ingersoll, Esquire, for the sum of thirty pounds specie, as a fee for his late services in the cause be- tween the Commonwealth and Alexander Wilcocks.
£30 00
PHILADELPHIA, Wednesday, February 11th, 1784. PRESENT :
As yesterday.
The Council met.
PHILADELPHIA, Thursday, February 12th, 1784. PRESENT :
The Honorable JAMES EWING, Esquire, Vice President. The Honorable James Irvine, John Neville,
John McDowell, John Boyd,
George Wall, John Byers, and Esquires. Samuel J. Atlee, Stephen Balliot, Isaac Mason,
A petition from Matthias Slough, Esquire, in favor of Negro Man Isaac, convicted of larceny and sentenced to a fine of thirty pounds, &ca., was read, and an order taken that the fine be re- mitted.
An order was drawn on the Treasurer in favor of William Lownes, for the sum of eighteen pounds two shillings and nine pence specie, being in full for prin- cipal and interest due upon his certificate for a horse furnished by him for public use ; to be paid out of the fund appropriated by resolution of Assembly of the eighth of April, 1782.
£18 2 9
'The following reports of the Comptroller General were read and approved:
On the account of Charles Campbell, Esquire, for provisions furnished to the militia of Westmoreland county, in the course of the year 1777.
On do. of Samuel Sloan, Esquire, Michael Rough, and James. Pollock, for the same purpose.
On do. of Richard Wallace, Esquire, for provisions furnished Captain Stokeley's company and a part of Colonel Lockry's de- tachment.
VOL. XIV .- 3.
34
MINUTES OF THE
The petition of Frederick Buzzard, praying that the remaining two-thirds of the fine imposed upon him on conviction of a misde- meanor, in aiding British prisoners to escape, was read & rejected.
A deed was examined and signed by His Excellency the Presi- dent, to Thomas Bradford, for lots numbered 1551, 1552, 1589 and 1590, in the city of Philadelphia : Sold for the sum of two hun- dred and fifteen pounds, in bills of credit of this State dated the twenty-ninth day of April, 1780. Deed dated this day.
The Council met. .
PHILADELPHIA, Friday, February 13th, 1784. PRESENT :
The Honorable JAMES EWING, Esquire, Vice President.
The Honorable James Irvine, Isaac Mason,
George Wall, Junior, Samuel J. Atlee,
John McDowell, John Boyd, and
Stephen Balliott, John Neville.
Henry Schitz, Esquire, was commissioned a Justice of the Peace for the county of Philadelphia, upon a return made agreeably to law.
The Comptroller General's Report upon the account of Cap- tain Jacob Fahns, late of the Flying Camp, was read and approved. Three orders were drawn on the Treasurer in favor 1463 of Lieutenants Benjamin Marshall, John Hughes, and 1463 Samuel Morrison, for the sum of one hundred and 1463 forty-six dollars and two-thirds specie each, to be paid out of the monies remaining in the hands of the Na- dollars. val officer, anything in the resolution of Assembly of 22nd of September, 1783, notwithstanding, according to resolution of Assembly of January 21st, 1784.
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