USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XIV > Part 47
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The following is the letter to the Speaker of the General Assem- bly :
SIR -The inclosed papers relate to the disturbances now exist- ing at Wioming, in the county of Northumberland. As these may probably become a subject of Legislative consideration, Council have thought proper to transmit this farther information concern- ing them to the House.
BENJAMIN FRANKLIN.
A memorial from Charles Julian de Longchamps, praying the indulgence of walking abroad for the recovery of his health, was read.
A memorial from sundry inhabitants of the city and liberties of Philadelphia, stating that by the operation of the Test laws they find themselves divested of one of the greatest priviledges of the State, the right of choosing those men who are to make laws to bind them in all cases whatsoever ; that they hold this to be re- pugnant to every idea of liberty, and diametrically opposite to the principles of the bill of rights, which declares that all freemen having a sufficient common interest with and attachment to the community, have a right to elect officers and be elected into office, and therefore, praying that under these considerations the President and the Council would be pleased so to recommend them to the House, as will most effectually relieve them from that state of dis- graceful slavery in which they have been held by the laws afore- said, was read; and on motion of Mr. Boyd,
573
SUPREME EXECUTIVE COUNCIL.
Ordered, That to-morrow be assigned for going into a considera- tion of and determination upon the preceding memorial.
An order was drawn upon the Treasurer in favor of the Trus- tees of the General Loan office of this State, for the sum of fif- teen thousand pounds State money of the new emission, according to two acts of Assembly passed on the sixteenth day of March and fourth of April, 1785, for which the said trustees are to ac- count.
An order was drawn upon the Treasurer in favor of Rudy High, for the sum of seventy-three pounds eight shillings and ten pence State money, in full for principal and interest due upon two certifi- cates for horses furnished for public use, according to the Comp- troller General's report, to be paid according to resolution of As- sembly dated the eighth day of April, 1782.
The Council met.
PHILADELPHIA, Tuesday, November the 8th, 1785.
PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President. The Honorable CHARLES BIDDLE, Esquire, Vice President.
Peter Muhlenberg, John Woods,
James McLene,
Jonathan Hoge,
Evan Evans,
John Whitehill,
John Neville,
Stephen Balliet, and
Esquires.
Samuel Dean,
Henry Hill,
John Boyd,
The petition of Mary Spence, convicted of felony at the Court of Quarter Sessions held at York on the last Tuesday in October, : 1785, praying a remission of the fine and corporal punishment to which she was sentenced, was read, and the prayer of it granted.
An order was drawn upon the Treasurer for the sum of twenty pounds eight shillings specie, in favor of Messieurs Shubart and Baker, being in full of their account for signing bills of credit of the last emission, agreeably to the Comptroller's report.
Agreeably to the order of yesterday, the petition of sundry in- habitants of this city and its liberties, was taken up, and after some debate, it was moved that a consideration of the propriety of revising the Test be taken up upon its own merits, abstractedly from the prayer now before Council.
This motion was agreed to, and upon further deliberation, it was
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MINUTES OF THE
Resolved, That a message from the President and Council be sent to the House, expressive of their opinion that a revision of the Test Laws now existing in this Commonwealth, would be a measure expedient at this time.
The Council met.
PHILADELPHIA, Wednesday, November 9th, 1785.
PRESENT :
The Honorable CHARLES BIDDLE, Esquire, Vice President.
Henry Hill, John Boyd,
Evan Evans, John Woods,
Samuel Dean, Jonathan Hoge,
Esquires.
John Whitehill, John Neville, and
Stephen Balliet, Peter Muhlenberg,
William Long was appointed Collector of Excise for Franklin county.
A resolution of the General Assembly of the seventh instant, authorizing Council to administer such relief and support to a number of distressed persons, natives of China and Bengal, now in this city, as their present situation may require, was read, and an order taken that Mr. Levi Hollingsworth be requested to supply the immediate wants of the persons aforesaid.
The Comptroller General's report upon the accounts of William Willson, Esq'r, Lieutenant of the county of Northumberland, was read and approved.
The Council met.
PHILADELPHIA, Thursday, November 10th, 1785.
PRESENT : His Excellency BENJAMIN FRANKLIN, Esquire, President. The Honorable CHARLES BIDDLE, Esquire, Vice President.
Henry Hill, John Boyd,
Evan Evans, John Woods,
Samuel Dean, Jonathan Hoge, Esquires.
John Whitehill, John Neville, and
Stephen Balliet, Peter Muhlenberg,
An order was drawn upon the Treasurer in favor of James Smith, John Boggs and Francis Silvers, to enable them to view,
575
1
SUPREME EXECUTIVE COUNCIL.
survey and lay out or mark a State highway, from Miller's spring to Pittsburg, agrecably to a law made for that purpose, dated on the day of , 1785.
An order was drawn upon the Treasurer in favor of William Wilson, Esquire, Lieutenant of the county of Northumberland, for the sum of three hundred and fifty-one pounds five shillings, agree- ably to the Comptroller General's report of the eighth instant, to be paid out of the monies arising from the militia fines in the city and liberties of Philadelphia.
The Comptroller General's report upon the account of William Carraden, for a gun, his private property, delivered into the public store, was read and approved.
The Council met.
PHILADELPHIA, Friday, November 11th, 1785.
PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President.
Henry Hill,
John Woods,
Samuel Dean,
Jonathan Hoge,
John Whitehill,
John Neville, and
Esquires.
Stephen Balliet,
Peter Muhlenberg,
John Boyd,
The following draft of a message from the President and Council to the General Assembly, was read and approved :
A Message from the President and the Supreme Executive Coun- cil to the General Assembly :
GENTLEMEN :- By the seventeenth section of the Constitution, the General Assembly are directed to cause compleat lists of the taxable inhabitants in the city and each county in the Common- wealth respectively, to be taken and returned to them every sev- enth year, from the year 1778, in order to regulate and apportion upon those lists the number of representatives to be chosen for the ensuing period. As this is a matter of importance, and falls upon the present year, it appears to us that it would be well to attend to it as soon as possible. By the present criminal laws fines are a part of the punishment for a variety of offences ; applications are continually made to us by the offenders for remission of such fines ; and these applications are recommended by the Magistrates, on the sole consideration that the criminals being poor and unable to pay, become, while detained in prison, a charge to the public; as this is generally the case, the imposition of fines is rendered ineffectual
-
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MINUTES OF THE
as a punishment, and the satisfaction due by the laws to the com- munity from the offenders, is not made. We, therefore, offer it for your consideration, whether means may not be found to oblige them to pay by labor what they are unable to pay in money, and whether this would not tend more to the prevention of offences, those especially which are committed thro' a vicious dislike of labor. In the General Reform of our penal laws, necessary in itself, and required by the thirty-eighth section of the Constitution, this particular will properly come before you.
Easy communication between the different parts of the State, is one of the means that contribute to its wealth and prosperity .- Our roads are generally bad, whereby the conveyance of our pro- duce and merchandize to market is often obstructed, delayed, or rendered more expensive. If the repairing of roads was made a county charge, to be defrayed by a tax, and executed by contract, instead of being as at present an unequal burthen on the townships, we apprehend they would be kept in better order, and the public greatly benefited.
The establishment of an improved system of revenue is a matter that seems to us very necessary, and we therefore, earnestly recom- mend it to your consideration.
The test laws, however proper or necessary they may have been at the time and under the circumstances in which they were made, are at present, on various accounts, the cause of much uneasiness in the State. We are, therefore, of opinion that it is now expedi- ent to revise them.
We should have sooner laid some of these matters before your Honorable House, but that we were unwilling to withdraw your attention from the important points recommended to you by Con- gress.
BENJAMIN FRANKLIN.
Council Chamber, Philadelphia, Nov'r 11th, 1785.
Sheppard Bacon, of the township of Salem, and county of Sa- lem, in the State of New Jersey, having produced a certificate of the apprehension and delivery into the jail of this city, of John McDowell, alias John McDonald, convicted of murder at the late Session of the Court of Oyer and Terminer for the county of Bucks, was read, and an order drawn in favor of the aforesaid Sheppard Bacon, for the sum of fifty pounds, agreeably to the proclamation of President and Council dated on the nineteenth day of July, 1785.
The fine payable by Charles McCormier, on conviction of having kept a tipling house, was remitted.
Two orders were drawn upon the Treasurer : the one in favor of Christopher Weaver, for the sum of thirty-two pounds eleven shil- lings and three pence, State money ; and the other in favor of John Miller, for the sum of twenty-six pounds five shillings and six
577
SUPREME EXECUTIVE COUNCIL.
pence, State money, due to them for a horse furnished the public by each of them.
An order was taken that the Land Officers be instructed to pro- ceed to the sale of the lots remaining to be sold of the district of Daniel Leet, Esquire, and that after such sale be compleated, they proceed to sell those falling within the district of Nathaniel Bra- ding, Esquire, in such manner and at such places as hath been heretofore observed.
A resolution of the House of Assembly communicating the ap- pointment of delegates to Congress for the present federal year, was read, and the gentlemen elected commissionated accordingly.
The Council met.
PHILADELPHIA, Saturday, November 12th, 1785.
PRESENT :
The Honorable CHARLES BIDDLE, Esquire, Vice President.
Jonathan Hoge, James McLene,
Peter Muhlenberg,
John Boyd,
John Whitehill, Henry Hill, and John Neville, 1 Esquires. John Woodls,
Samuel Dean,
Upon the petition of Bernard Kreemer, convicted of larceny in the county of Berks, and a recommendation in favor of him from the Court of General Quarter Sessions of the said county, it was Ordered, That his corporal punishment be remitted.
The Council met.
PHILADELPHIA, Monday, November 14th, 1785.
PRESENT :
The Honorable CHARLES BIDDLE, Esquire, Vice President.
Henry Hill, John Boyd,
Samuel Dean, John Woods,
John Neville,
James McLene,
Jonathan Hoge,
Jobn Whitehill,
JEsquires.
Peter Muhlenberg,
William Brown, Esquire, Councillor elect for the county of Dauphine, attending in Council, was admitted to his seat, after having taken the oaths prescribed by the Constitution.
VOL. XIV .- 37.
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MINUTES OF THE
A resolution of the House, instructing their committee appoint- ' ed to take into consideration the disturbances existing at Wioming, to confer with Council, was read, and an order taken that to-mor- row be assigned for the conference aforesaid.
A petition from sundry inhabitants of this city, in favor of Matthias Aspden, an attainted traitor, praying a reversal of his attainder by pardon or otherwise, was read.
The Council met.
PHILADELPHIA, Tuesday, November 15th, 1785.
PRESENT : His Excellency BENJAMIN FRANKLIN, Esquire, President. The Honorable CHARLES BIDDLE, Esquire, Vice President.
Henry Hill, John Boyd,
Samuel Dean, John Woods,
John Neville,
James McLene, and
Jonathan Hoge, Peter Muhlenberg,
John Whitehill,
Esquires.
A letter from the Wardens of the Porte, informing that they had purchased a small lot on Cape May, with a view of erecting a bea- con thereon, and submitting to Council the expediency of making application to the government of New Jersey for a law in order to secure the same, as well as the buoys, &ca., in the bay of Delaware, from injury, was read.
Agreeably to the order of yesterday, a conference took place with a committee of the House upon the subject of the disturbances at Wioming, in the county of Northumberland.
The Council met.
PHILADELPHIA, Wednesday, November 16th, 1785. PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President. The Honorable CHARLES BIDDLE, Esquire, Vice President. Henry Hill, John Boyd,
Samuel Dean, John Woods,
John Neville,
Jonathan Hoge, John Whitchill, 7
James McLene, and SEsquires.
Peter Muhlenberg,
The Comptroller General's report upon the account of Ephraim Johnston, for a horse furnished the public, was read and approved,
579
SUPREME EXECUTIVE COUNCIL.
and an order drawn in his favor for forty-three pounds six shillings and eight pence, State money, according to the Comptroller Gen- eral's report, and resolution of Assembly dated the eighth of April, 1782.
The Council met.
PHILADELPHIA, Thursday, November 17th, 1785. PRESENT :
The Honorable CHARLES BIDDLE, Esquire, Vice President.
Henry Hill, John Boyd, 1
Samuel Dean, John Woods,
John Neville,
James McLene, and SEsquires.
Jonathan Hoge,
John Whitehill,
Peter Muhlenberg,
Council took up the reconsideration of the subject of their con- ference with the committee of the House on Tuesday last, the re- sult of which was, that the committee be informed that it is the sense of this Board that a law should pass as early in the session as possible, requiring the Insurgents at Wioming or elsewhere, within the county of Northumberland, to submit to the laws of this Commonwealth, and give clear and unequivocal evidence of such their submission, on or before the fifteenth day of January next, in such manner as the House will be pleased to prescribe, and that such of them as shall neglect or refuse to comply with this requisition, should be deemed outlaws, and made liable to be proceeded against as such. It is our farther opinion that this Board should be authorized to draw from the public treasury such monies as may be necessary in any possible event, to enforce the laws within the limits of Northumberland county.
The Comptroller General's report upon the account of John Mil- ler, Esquire, for attesting recruits for Colonel Harmer's regiment, was read, and an order drawn in favor of Mr. Miller for two pounds nineteen shillings specie.
A second report upon the accounts of Samuel Vanleer, Esquire, for his pay as Captain of a company of Chester county militia, in service for two months within the years 1777 and 1778, was read and approved.
John Simson's petition, recommended by the Judges of the Su- preme Court, was read, and an order taken that the fine imposed on him on conviction of stealing the goods of John Wood, and payable to the Commonwealth, be remitted.
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MINUTES OF THE
The Council met.
PHILADELPHIA, Friday, November 18th, 1785.
PRESENT :
The Honorable CHARLES BIDDLE, Esq'r, Vice President.
Henry Hill, John Woods,
Samuel Dean,
John Boyd,
John Neville,
James M'Lene, and (Esq'rs.
Jonathan Hoge, Peter Muhlenberg,
John Whitehill,
The petition of John Potts, late of the county of Lancaster, praying the remission of his corporal punishment and fine imposed upon him on conviction of having stolen two horses, with a recom- mendation from sundry inhabitants of the county aforesaid, was read, and an order taken that the fine payable by the said Potts to the Commonwealth, and all the farther punishment to which he was sentenced, except thirty-nine lashes, be remitted.
The fine payable by John Barclay, of Berks county, to the Com- monwealth, on conviction of having sold spirituous liquors without a licence, was remitted.
An order was drawn upon the Treasurer in favor of Henry Kammerer, for one hundred and fifty-tbree pounds thirteen shil- lings and four pence specie, in full of his account for paper furnish- ed for printing the bills of credit of the last emission, according to the Comptroller General's report.
The Council met.
PHILADELPHIA, Saturday, November 19th, 1785.
PRESENT :
The Honorable CHARLES BIDDLE, Esquire, Vice President.
John Boyd, Henry Hill, 7
John Woods, Jonathan Hoge,
1
James M'Lene, John Neville, >Esquires.
John Whitehill,
William Brown, and
Peter Muhlenberg, Samuel Dean,
An order was drawn upon the Treasurer in favor of James Pear- son, for the sum of fifty pounds specie, for repairs done to the State House, for which he is to account.
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SUPREME EXECUTIVE COUNCIL. \,
The Council met.
PHILADELPHIA, Monday, November 21st, 1785.
PRESENT :
The Honorable CHARLES BIDDLE, Esquire, Vice President.
John Boyd, Henry Hill,
John Woods,
Jonathan Hoge,
James M'Lene,
John Neville,
John Whitehill,
William Brown, and
Peter Muhlenberg,
Samuel Dean.
The following orders were drawn upon the Treasurer, agreeably to the Comptroller General's reports :
In favor of the Honorable David Jackson, Esquire, for his ser- vices in Congress, four hundred and eleven pounds specie.
In favor of Melchior Steiner, for printing done for the Council of Censors, one hundred and ninety five pounds specie.
The Comptroller General's reports upon the accounts of Max- well Chambers, dec'd, late a Sub-Lieutenant of the county of Lan- caster, upon the pay-roll of Captain Thomas M'Dowell's company of Cumberland county militia, untill the first of August, 1780. The subsistance account of Captain Jacob Sweyer, while on the late expedition to Wioming. The pay account of Joseph Grey and Rowland Chambers, for militia services in 1779. The account of William Wilkin, of the county of Washington, for a horse lost on the Sandusky expedition ; and upon the account of George Klein- felter, for a gun taken from him in 1776, were read and approved.
The Comptroller General's report upon the claims of John Scott, late a Stewart of the General Hospital, for depreciation of pay, was read, and an order taken that they be admitted.
The Comptroller General's report upon the case of Long, a Captain of the Northampton county militia, was read and refer- red again to the Comptroller General.
The petition of Joseph Smith was referred to Edward Shippen, Esquire, for investigation into the facts alledged in the petition aforesaid, and for inquiry into the State of the prisoners generally.
The petitions of Mary McKensie and Hugh Jones, praying the remission of the fines payable to the Commonwealth upon their re- spective convictions, the one of larceny and the other of an assault and battery, were read and granted.
The Comptroller General's report upon the account of Robert Cather, Paymaster of the Garrisons of Billingsport, Red Bank and Mud Island, was read and approved.
An order was drawn upon the Treasurer for the sum of thirty-nine pounds nine shillings, State money, in favor of Michael Sly, in full for principal and interest due upon his certificate of having fur- nished a horse for the public service.
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The Council met.
PHILADELPHIA, Tuesday, November 22nd, 1785.
PRESENT : His Excellency BENJAMIN FRANKLIN, Esquire, President. The Honorable CHARLES BIDDLE, Esquire, Vice President.
Henry Hill, John Whitehill,
Samuel Dean,
Jonathan Hoge,
John Boyd,
William Brown, and
John Woods,
John Neville.
James McLene,
A letter from John Pierce, Esquire, of the fifteenth of Novem- ber, inclosing a resolution of the eleventh day of October, 1785, was read, and an order taken that Mr. Pierce be advised that Mr. Nicholson is appointed to receive the certificates belonging to the inhabitants of this State, issued under the above mentioned reso- lution.
The Council met.
PHILADELPHIA, Wednesday, November 23rd, 1785.
PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President. The Honorable CHARLES BIDDLE, Esquire, Vice President.
Henry Hill, John Whitehill,
Samuel Dean, Jonathan Hoge,
John Boyd, William Browne, and
John Woods,
Esquires. John Neville, James McLene,
The following orders were drawn under a resolution of the House of this day, vizt :
For the sum of six pounds ten shillings, in favor of Paul Baldy, Thomas Clayton, John Backinstoss, John McPherson, and Samuel Quinn, respectively ; and for seven pounds in favor of John Nel- son ; and for eight pounds in favor of Ezekiel Fleming ; due for attendance on the House as witnesses in the case of the contested election for Northumberland county.
A resolution authorizing and requesting Council to enter into a negotiation with the States of Maryland and Delaware, on the sub- ject of an inland navigation within this State.
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SUPREME EXECUTIVE COUNCIL.
The Comptroller General's reports upon the accounts of David Kennedy, Francis Johnston, and John Lukens, Esquires, were read, and an order taken that the charges made by these officers for print- ing and wood are not authorized by law, and that therefore, such part of the reports as relate to those articles be disapproved.
A farther order was taken that the Surveyor General be inform- ed that he may be accommodated with an apartment in the State House for holding his office ; that the room assigned to him for this purpose is that lately occupied by the General Assembly, and that no allowance can hereafter be made to him for office rent.
The following deeds were signed by his Excellency Benjamin Franklin, Esquire, President, for the ground whereon the old jail and workhouse lately stood, vizt :
To John Fries, for a lot of ground at the corner of High street and Third street, twenty-two feet in front by eighty feet in depth. Cons'n twelve hundred & fifteen pounds.
To Martin Baish, for a lot of ground on the south side of High street, of the same dimensions, adjoining the last described lot .- Consideration money one thousand pounds.
To Jacob Barge, ditto., on High street, of the same dimensions, adjoining the last described lot. Consideration nine hundred and thirty-five pounds.
To Thomas Goucher, ditto, situate on the south side of Third street, adjoining the back ends of the three above described lots, twenty feet in front by sixty-six feet in depth. Consideration mo- ney
To John Britton, for a lot of the same dimensions, adjoining the last described lot, on the west side of Third street. Conside- ration money six hundred and forty pounds.
ยท To John Hubley, Esquire, for a lot on the West side of Third street, adjoining the last described lot. Consideration money six hundred and seventy-five pounds.
To Samuel McLane, for a lot of the same dimensions, on the west side of Third street, adjoining the last described lot. Con- sideration five hundred and thirty-five pounds.
To John Steinmetz, for a lot of ground on the west side of Third street, of the same dimensions, and adjoining the last described lot. Cons'n five hundred and thirty-five pounds.
To Thomas Poultney, for a lot of ground on the west side of Third street, of the same dimensions, and adjoining the last de- scribed lot. Cons'n five hundred and thirty-five pounds.
Deeds dated the twenty-third day of November, 1785.
,
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MINUTES OF THE 8
T
The Council met.
PHILADELPHIA, Thursday, November 24th, 1785.
PRESENT :
Honorable CHARLES BIDDLE, Esquire, Vice President.
Henry Hill, John Whitehill, )
Samuel Dean, Jonathan Hoge,
John Woods,
William Browne, and
Esquires.
John Boyd,
John Neville,
James McLene,
A petition from the clerical and lay deputies of the Church of England to the late Episcopal Convention held in this city, praying a certificate from this Board, that by the laws and Constitution of this Commonwealth, they are at liberty to obtain a succession of clergy after the usages of the Church aforesaid, by any means which will not interfere with their allegiance to this State, was read, and an order taken that the following certificate be given :
The Supreme Executive Council of the State of Pennsylvania, do hereby certify and make known to all whom it may concern, that by the frame of Government and laws of this Commonwealth, the clergy and others, members of the Church of England in Pennsylvania, are at liberty to take such means as they think proper, for keeping up a succession of religious teachers : Provided, only, that the means they adopt for this purpose, do not induce a subjection to any foreign jurisdiction, civil or ecclesiastical.
On motion of Mr. Balliet,
Ordered, That Lewis Stacker and Jacob Morey, Esquires, of the county of Northampton, be commissionated Justices of the Court of Common Pleas for the said county.
A resolution of the House appointing Jacob Barnitz, Esquire, Register for the Probate of Wills, &ca., and Recording of Deeds, in and for the county of York, was read, and Mr. Barnitz com- missionated accordingly.
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