USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XIV > Part 53
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Ordered, That the said Smith be removed from the office afore- said, and that Monday next be assigned for appointing a successor thereto.
The following papers being read, were transmitted to the General Assembly, vizt :
Letter from Governor Smallwood, dated February 21st, and inclosing a resolution of the Maryland Assembly, on the subject of an improved inland navigation.
From Governor Henry, dated January the twenty-sixth, 1786, inclosing a resolution of the Virginia Assembly, dated December the 29th, 1785, relating to disputes existing in the Territory ceded to this State by Virginia.
From the same, dated February the twenty-third, 1786, inclosing a resolution dated January the twenty-first, 1786, and a letter from Edmund Randolph, dated February the nineteenth, 1786, concerning the commercial convention of the States.
Esquires.
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MINUTES OF THE
From the Secretary of Congress, dated March the first, 1786, inclosing a state of the representation in Congress for the month of February.
From the Board of Treasury, inclosing a state of the expendi- tures of the United States, under the general head of Contingencies, March the third, 1786.
An order was drawn upon the Treasury in favor of the Honor- able Evan Evans, Esq'r, for three pounds fifteen shillings, in full for his attendance in Council until this day, inclusively.
Upon the petition of John Sanse, convicted of horse stealing, in the county of Chester; it was
Ordered, That his fine and corporal punishment be remitted.
Matthew Clarkson and Benjamih Fuller, Esquires, two of the Managers of the State Lottery, agreeably to the order of the third instant ; when an order was taken that on the second Tuesday of April they proceed to the drawing of the second class of the lottery aforesaid.
Mr. Hoge attended the Vice President as a Member of the Board of Property.
The Comptroller General's report upon the account of Captain James Crawford's company of Cumberland county militia, for their pay, from the 18th of April to the 21st of June, 1781, was read and approved.
The Council met.
PHILADELPHIA, Tuesday, March the 7th, 1786.
PRESENT :
The Honorable CHARLES BIDDLE, Esquire, Vice President.
Henry Hill, Peter Muhlenberg,
Samuel Dean, Richard McCallister,
John Whitehill,
Isaac Meason,
Jonathan Hoge,
John Neville.
James McLene,
Christopher Derring was appointed and commissionated Collector of Excise for the county of Northumberland, in the room of Alexander Hunter, Esquire, moved out of the State.
653
SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Wednesday, March the 8th, 1786.
PRESENT :
The Honorable CHARLES BIDDLE, Esquire, Vice President.
Henry Hill, John Neville, 1
Samuel Dean, Isaac Meason,
Jonathan Hoge,
Richard McCallister, and > Esquires. James McLene, John Whitehill,
Peter Muhlenberg,
The fine imposed upon Francis Wilson, on conviction of keeping a tipling house in the county of Bucks, was remitted.
The fine imposed upon John Simpson, convicted of larceny at the January sessions of 1785, for the county of Philadelphia, was remitted.
The Comptroller General's report upon the account of Thomas Hopkins, for four logs furnished to Thomas Davis, wharf-builder, for public use, was read and approved.
A deed was signed by the Honorable the Vice President, to John Clindinin, city lot number 1247, sold for eighty-eight pounds, in bills of credit of this State, dated the twenty ninth day of April, 1780. Deed dated the 8th day of March, 1786.
The petition of Doctor James Hutchison, praying to be allowed depreciation upon his pay as Physician and Surgeon in the general hospital of the United States, was read.
The Council met.
PHILADELPHIA, March 9th, 1786, Thursday,
PRESENT :
The Honorable CHARLES BIDDLE, Esquire, Vice President.
Henry Hill, Peter Muhlenberg, )
Samuel Dean,
· Richard McCallister, -
Jobn Whitehill, Isaac Meason, Esquires. Jonathan Hoge, John Neville, James McLene,
A certificate of the Court of Washington county, for dividing the township of Smith, in the said county, was read.
On consideration of the delinquency of James Dickinson, a De- puty Surveyor of donation lands, stated in a letter from Mr. Lu- kens, it was
Ordered, That he be removed from office, and that the Surveyor General proceed to nominate a successor thereto.
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A report of the Magistrates appointed to investigate the charges made against the legality of an election for Justices of the Peace, for the districts of Rapho, Mountjoy, and Donegal, in the county of Lancaster, was read, and an order taken to confirm the election aforesaid, and that James Bailey, Esq'r, be appointed and commis- sionated a Justice of the Peace, agreeably thereto.
Mr. Bailey was also appointed and commissionated a Justice of the Court of Common Pleas, in and for the said county.
The Comptroller General's reports upon the accounts of Robert Brownfield, of the Westmoreland county militia, for pay for militia service from the second day of May, to the twentieth day of June, 1782, and for a horse, saddle, and blanket, lost on the Sandusky expedition, was read and approved.
'l'he fine of John Smith, convicted of larceny at the March term of the Philadelphia County Court of Quarter Sessions of the Peace, was remitted.
The petition of George Garnick, praying the remission of a fine imposed upon him on conviction of larceny, was read and granted.
The Comptroller General's report upon the account of John Baynton, Esq'r, Collector of Tonnage, from the eleventh of April until the thirty-first day of August, 1785, was read and approved.
Griffith Owen's account for keeping the State House Clock in repair, &ca., was read and approved, and an order drawn in his favor for twenty-three pounds specie, in full for one year, ending the fourth instant.
The account of Philip Stoever, of the county of Bucks, was read and approved, and an order drawn in his favor for four pounds eighteen shillings specie, to be paid out of the militia fines of the county of Bucks.
The Council met.
PHILADELPHIA, Friday, March 10th, 1786.
PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President.
The Honorable CHARLES BIDDLE, Esquire, Vice President.
Henry Hill, Peter Muhlenberg,
Samuel Dean, Richard McCallister,
John Whitehill,
Isaac Meason,
Esquires.
Jonathan Hoge, John Neville,
James McLenc, 7
Griffith Evans, Esquire, was appointed a Deputy Surveyor of donation lands, in the room of James Dickinson, removed by an order of yesterday.
-
655
SUPREME EXECUTIVE COUNCIL.
A letter from Charles Thomson, Esquire, enclosing sundry reso- lutions of Congress, was read.
Andrew Ellicott, Esquire, was appointed a Commissioner to as- sist Mr. Rittenhouse in running and marking the northern boun- dary of Pennsylvania.
Doctor Hutchinson's petition, read on the eighth instant, was this morning read again, and the prayer thereof granted.
On motion,
Ordered, That the Surveyor General be directed to survey and mark in a clear and determinate manner, the lot of ground upon State Island, appropriated to the use of the Hospital.
The Council met.
PHILADELPHIA, Saturday, March the 11th, 1786.
PRESENT :
The Honorable the Vice President.
Henry Hill,
Isaac Meason,
Samuel Dean,
Jonathan Hoge,
John Whitehill,
Peter Muhlenberg,
Esquires.
James McLene,
Richard McCallister, and
Stephen Balliet, John Boyd;
The Comptroller General's report upon the account of Captain Robert Connelly and Captain John Pearson, for recruiting for the fourth and eleventh Pennsylvania regiments, was read and approved.
Au order was drawn upon the Treasurer in favor of Captain Jo- seph Stiles, for two hundred pounds specie, in part of the money due upon his account as Commissary of Military Stores for this State, for which sum he is to account.
An order was drawn upon the Treasurer in favor of Joseph Fen- ton, for one hundred and nine pounds six shillings and eight pence specie, in full of his account for medicines furnished for the use of . the militia under the command of Generals Potter and Lacey, in the year 1777 and 1778, according to the Comptroller General's report, to be paid out of the militia fines of the county of Bucks.
James Hamilton, Esquire, was commissionated Recorder of Deeds and Register for the Probate of Wills, and granting letters of Ad- ministration, in and for the county of Westmoreland.
Upon consideration,
Ordered, That Jacob Livergood, junior, now confined in the jail of the county of Philadelphia, be permitted to see his father, upon paying his jail fees and all costs attending his prosecution and con- viction, the fine adjudged to the use of the State only excepted.
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Mr. Clymer, Mr. Smith, and Mr. Irvine, a committee from the General Assembly upon the Wioming business, attending, were introduced, and after some time spent in conference upon that sub- ject, it was agreed to meet again on Tuesday next.
The Council met.
PHILADELPHIA, Monday, March 13th, 1786. PRESENT :
The Honorable CHARLES BIDDLE, Esquire, V. President.
Henry Hill, Jonathan Hoge,
Samuel Dean, Peter Muhlenberg,
John Whitehill,
Richard McCallister, and Stephen Balliet, John Boyd, 1 Esquires. Isaac Meason,
Upon the petition of Richard Ellis, of the State of Maryland, in behalf of himself and John Barns, it was
Ordered, That they be discharged from the payment of the pen- alty mentioned in a recognizance entered into by them for their appearance at the Lancaster county Court of General Quarter Ses- sions of the Peace, held the first Monday in February last, to prose- · cute a certain Francis Cortwright, upon a charge of horse stealing.
An order was drawn upon the Treasurer in favor of Nicholas Vansandt, for four pounds sixteen shillings and ten pence, State money, in full of two certificates for provisions furnished by him for public use, according to the Comptroller General's report, and resolution of Assembly dated the eighth of April, 1782.
An order was drawn upon the Treasurer in favor of Messieurs George Leib and Levi Budd, for ten pounds fourteen shillings spe- cie, in full for signing bills of credit of the last emission, according to the Comptroller General's report.
Abraham Whitesides, Esquire, wasappointed and commissionated a Justice of the Peace and a Justice of the Court of Common Pleas for the county of Lancaster, upon a return made according to-law.
Robert Orr, Esquire, was appointed and commissionated Sheriff, and , Coroner, of the county of Westmoreland.
William Lochry and John Pomroy, of the county aforesaid, were accepted as sureties for Mr. Orr.
657
SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Tuesday, March 14th, 1786. PRESENT :
His Excellency the President,
And as yesterday.
The Council met.
PHILADELPHIA, Wednesday, March 15th, 1786. PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President. The Honorable CHARLES BIDDLE, Esquire, Vice President.
Henry Hill, Jonathan Hoge,
Samuel Dean,
Richard McAlister,
John Boyd,
John Neville,
Esquires.
Stephen Balliet,
Isaac Meason, and
John Whitehill,
Peter Muhlenberg,
James McLene,
A committee of the House on the Wioming business, was intro- duced, and a conference had upon the subject of their appoint- ment.
Upon the petition of William Swartz, convicted of larceny in the county of Northumberland, and a recommendation from the Court in his favor, it was
Ordered, That his fine and corporal punishment be remitted.
Richard Bard, Esquire, was appointed and commissionated a Jus- tice of Peace for the district of Peters township, and a Justice of the Court of Common Pleas in and for the county of Franklin, upon a return made according to law.
Upon application of Arthur Erwin, Esquire, it was
Ordered, That the Attorney General be directed to appear at the Court to be held in the county of Bucks on the sixteenth instant, and defend the right of the Commonwealth to a tract of land situ- ate in Tinicum township, in the said county, late of John Over- holtz, forfeited by his attainder of high treason, and sold by the State to Jacob Benner, who sold to Mr. Erwin.
The resolution of Council of the sixth of March for displacing Robert Smith, Esquire, late a Lieutenant of Chester county, was re-considered ; and on motion,
VOL. XIV .- 42.
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MINUTES OF THE
Ordered, That the resolution of that day be rescinded, and that a new commission as Lieutenant of Chester county issue to the s'd Smith.
The Council met.
PHILADELPHIA, Thursday, March 16th, 1786. PRESENT :
The Honorable CHARLES BIDDLE, Esquire, Vice President.
Henry Hill, . John Neville,
Samuel Dean,
Isaac Meason, and
John Boyd,
Peter Muhlenberg,
Esquires.
Stephen Balliet,
William McClay's resignation of the Commission of the Peace and of the Court of Common Pleas for the county of Northumber- land, as preparatory to his taking a seat in the General Assembly, was read and accepted.
Mr. Maclay presented to Council a farther report of his proceed- ings as Indian Commissioner, and made deposit of sundry original papers relating to the final discharge of the obligation subsisting between the Commonwealth and the Six Nations.
The following motion made by Mr. Muhlenberg, was postponed for consideration untill Saturday next :
" That the minute of yesterday for re-considering the order of Council of the sixth instant respecting Robert Smith, Esquire, res- cinding the said order, and re-appointing Robert Smith Lieutenant of Chester county, be re considered and reversed, and that the commission issued to Robert Smith, under the order aforesaid, be revoked."
The Comptroller General's report upon the account of Derrick Van Vlet, for flour furnished to the militia stationed on the fron- tiers of Northampton county, was read and approved.
659
SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Friday, March 17th, 1786.
PRESENT : His Excellency BENJAMIN FRANKLIN, Esquire, President.
The Honorable CHARLES BIDDLE, Esquire, Vice President.
Henry Hill, Jonathan Hoge,
Samuel Dean,
Richard McAlister,
John Boyd,
John Neville,
Esquires.
Stephen Balliet,
Isaac Meason, and
John Whitehill,
Peter Muhlenberg,
James McLene,
The Comptroller General's report upon the account of Henry Taylor, Esquire, for money advanced to the Ranging companies, was read and approved, and an order drawn in his favor for the sum of thirty pounds.
The fine of Isaac Hammersley, of Lancaster, convicted of steal- ing a mare, and the fine and corporal punishment to which George Earb, of the said county, was sentenced on conviction of larceny, were remitted.
Orders were drawn in favor of James Mccutcheon and James Coburne,-fifty-seven pounds eight shillings and six pence in favor of the first, and thirty-one pounds one shilling in favor of the last, for sundries supplied the East Indians, agreeably to resolution of Assembly of the seventh of November, 1785.
An order was drawn upon the Treasurer in favor of Jacob Hap- pel, for ten pounds two shillings and eight pence, for curing a wound received while employed as a soldier on the frontiers, in Cap- tain Schrawder's company of Rangers.
The Comptroller General's report upon the account of Philip Beahm, Esq'r, for provisions furnished for the use of Colonel Bal- liet's battalion of Northampton county militia in 1777, was read and approved.
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MINUTES OF THE
The Council met.
PHILADELPHIA, Saturday, March 18th, 1786.
PRESENT :
The Honorable CHARLES BIDDLE, Esquire, Vice President.
Evan Evans, Jonathan Hoge,
Samuel Dean,
Isaac Meason,
Henry Hill,
Richard McCallister,
John Boyd,
Peter Muhlenberg,
Stephen Balliet,
John Neville,
James McLene,
John Whitehill.
An order was drawn upon the Treasurer in favor of General Neville, for the sum of thirty-three pounds fifteen shillings, in full for his attendance in Council untill the seventeenth instant, inclu- sively.
The petition of Andrew Robertson, late a Collector of Taxes for the taxes of Pittsburg, in the county of Westmoreland, was read, and the fine imposed upon him for delinquency in collecting the taxes aforesaid remitted.
The Comptroller General's report upon the account of Thomas Cheyney, Esquire, late Sub-Lieutenant of Chester county, was read and approved.
The Comptroller General's report upon the account of several volunteers under the command of Captain Thomas Robinson, for arms lost in public service on the frontiers, was read and appro- ved.
The consideration of Mr. Muhlenberg's motion of the sixteenth instant was postponed until Monday next.
Mr. William Craig was appointed a Justice of the Peace for High street ward, upon a return made according to law.
An order was drawn upon the Treasurer in favor of the Honora- ble Richard McCallister, Esquire, for the sum of twenty-two pounds ten shillings specie, in full for his attendance in Council untill the eighteenth day of March, 1786, inclu.
An order was drawn upon the Treasurer in favor of the Honora- ble Francis Hopkinson, Esquire, for the sum of fifty pounds spe- cie, in part of his salary as Judge of the Court of Admiralty and in the Admiralty Sessions for this State, for which sum he is to account.
661
SUPREME EXECUTIVE COUNCIL.
.
The Council met.
PHILADELPHIA, Monday, March 20th, 1786.
PRESENT :
The Honorable CHARLES BIDDLE, Esquire, Vice President.
Henry Hill,
John Whitehill,
Evan Evans,
James McLene,
Stephen Balliet,
Issac Meason,
John Boyd,
John Neville, and
Peter Muhlenberg,
Jonathan Hoge.
Richard McAlister,
The consideration of Mr. Muhlenberg's motion of the sixteenth instant, was postponed until to-morrow at 11 o'clock.
The committee to whom was referred the petition of George Schlosser, Esquire, made report, which was read and adopted, as fol- lows, vizt :
Your committee to whom the petition of George Schlosser, and the papers accompanying the same, were referred, beg leave to re. port, that they have carefully considered the same, and find that on the thirteenth and twentieth of June, in the year 1778, said Schlosser did advance to this State, on two orders of Council, the sum of two thousand pounds; this advance appears to have been made in consequence of the earnest sollicitation of Council at a time when the finances of the State were very low, and the neces- sities of the army very great. It also appears by extracts from the State Treasurer's books, that on the twelfth day of July, 1779, said Schlosser received two thousand one hundred and twenty pounds
It also appears, by a certificate from the Comptroller General, that one thousand pounds of the said money is charged by this State to the United States, at the value thereof, reduced by the Continental scale, at the period the same was advanced as above mentioned. It, as appears by a certificate from the Clerk of the As- sembly, that a committee of the Honorable body, reported that the Comptroller General should be directed to grant to the said George Schlosser a certificate for the amount of the depreciation of the monies advanced by him to the Supreme Executive Council in June, 1778, and repaid in July, 1779. (This report does not appear to have been adopted. )
From the facts above stated, we are opinion that Mr. Slosser ought of right to have certificates issued in his favor, for such sum as would put him in the same situation in which he would have been if he had placed his money in the Continental Loan office at the time he advanced it to this State, but as we believe Council
662
MINUTES OF THE
have not the power to take this step, therefore, submit the follow - ing resolution :
Resolved, That it be recommended to the General Assembly, to authorize and direct the Comptroller General to issue a certificate in favor of George Schlosser, for a sum of money equal to the de- preciation of one thousand pounds, (being the sum he advanced to this State,) from the thirteenth day of June, 1778, and the depre- ciation of one other thousand pounds advanced as aforesaid, from the twentieth day of June, 1778, to the twelfth day of July, 1779, being the time the money was repaid. The money to be reduced by the Continental scale ..
JAMES M'LENE, STEPHEN BALLIET.
The following draft of a letter to the Speaker of the General Assembly, was read and adopted :
In Council Philadelphia, March the 20th, 1786.
SIR :- I enclose several papers which Council wish to be laid be- fore the House.
The case of John R. Shaw, late a Corporal in the regiment com- manded by Lieutenant Colonel Harmer, is peculiarly hard, and we hope that the relief provided for soldiers of the late Federal army and the militia of this State in his situation, may be extended to him, and such others of the same corps as belong to this Common- wealth, who may have been disabled in public service.
CHARLES BIDDLE, V. President.
Honorable Thomas Mifflin, Esquire, Speaker of the General As- sembly.
The Comptroller General's reports upon the following accounts were read and approved, vizt :
Of George Hammond, for a gun lost in the public service on the frontiers in 1779.
Of Captain John Woods, for pay of his company of Westmore- land county militia, commanded by Colo. Smith, under orders from General M'Intosh, and for arms lost on the expedition.
Of Captain John Kyle, for pay of his company employed on the said expedition.
Of John Stewart, for pay of two scouting parties employed in Westmoreland county, for the defence of the frontiers, 1782.
Of Colonel James Smith, for pay of the militia of Westmoreland county under his command, employed on the French Creek expe- dition in 1778.
An order was drawn upon the Treasurer in favor of the Honor- able Jonathan Hoge, Esquire, for twenty-three pounds five shil- lings, in full for his attendance in Council untill this day inclu- sively.
663
SUPREME EXECUTIVE COUNCIL.
Upon consideration,
Ordered, That Thomas Levis, Esquire, of the county of Ches- ter, be directed to proceed, as soon as may be, to the sale of such of the confiscated estates in the said county as remain unsold, late the property of Matthias Aspden, Thomas Bulla, Amos Williams, and Francis and William Armstrong, he giving public notice of the time and place of sale, according to law.
The division of Hempfield township, in the county of Westmore- land, into two distinct districts, for the election of Justices of the Peace, as certified by the Court of General Quarter Sessions of the Peace of the said county, was confirmed.
The Council met.
PHILADELPHIA, Tuesday, March 21st, 1786. PRESENT :
The President & Vice President.
Mr. Hill,
Mr. Evans,
Mr. McCallister, Mr. Neville,
Mr. Boyd,
Mr. Meason,
Mr. Balliett,
Mr. Muhlenberg, and
Mr. Whitehill,
Mr. McLene.
Mr Hoge,
- Jacob Barnitz, Esquire, was appointed and commissionated a Jus- tice of the Court of. Common Pleas in and for the county of York.
An order was drawn upon the Treasurer in favor of William McClay, Esquire, for the sum of three hundred and sixteen pounds thirteen shillings and six pence, being the ballance due upon his account of monies expended as a Commissioner appointed to meet the Indians at Tioga, according to the Comptroller General's re- port.
An order was drawn upon the Treasurer in favor of Michael Walman, for six pounds five shillings, State money, in full of his certificate for a horse furnished for public use, according to the Comptroller General's report.
Agreeably to the order of yesterday, Council proceeded to con- sider the motion made by General Muhlenberg on the sixteenth instant, vizt : "That the minute of yesterday for re-considering the order of Council of the sixth instant, respecting Robert Smith, Esquire, rescinding the said order and re-appointing Robert Smith Lieutenant of Chester county, be re-considered and reversed, and that the commission under the order aforesaid to Robert Smith be revoked."
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MINUTES OF THE
Whereupon, it was moved by Mr. McLene to postpone the con- sideration of the same, in order to introduce the following reso- lution :
" WHEREAS, Complaints have been made to this Council against Robert Smith, Lieutenant of Chester county : And whereas, Seve- ral papers were yesterday exhibited to this Board in support of the said complaints ; therefore,
"Resolved, That Tuesday the twenty-eighth day of this instant, be appointed to hear the said Smith and the said complaints; and in the mean time, that the said Robert Smith and one or more of the said complainants, be notified to attend, and that the Comp- troller be heard on the subject."
The votes being taken upon this motion, it was determined in the negative; and the yeas and nays being called, were as follows, vizt :
YEAS:
NAYS:
Mr. Franklin,
Mr. Evans,
Mr. Biddle,
Mr. Hill,
Mr. Whitehill,
Mr. Balliet,
Mr. Hoge,
Mr. Boyd,
Mr. Meason,
Mr. McCallister,
Mr. McLene.
Mr. Muhlenberg,
Mr. Neville.
General Muhlenberg's motion was now divided in the following questions :- First, "Shall the order of Council of the fifteenth instant be now re-considered ? And second, Shall the order afore- said be reversed ? These questions were successively determined in the affirmative; and the yeas and nays being called upon the second, were as follows :
NAYS:
YEAS :
Mr. Franklin,
Mr. Evans,
Mr. Biddle,
Mr. Hill,
Mr. Whitehill,
Mr. Balliet,
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