USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XV > Part 16
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The fine imposed upon Francis Hughes, upon conviction of lar- ceny in the county of Philadelphia, was remitted on condition that he find sufficient security for his good behaviour.
Council resumed the consideration of the petition of John Rbei- ner, relating to quantity of flour forfeited by him to the Common- wealth, and thereupon, a motion was made by General Muhlenberg, as follows, vizt :
Resolved, That the money arising from the sale of one hundred barrels of flour, forfeited to the State by John Rheiner, be re- mitted.
The votes being taken upon this motion, it was determined in the affirmative, and the yeas and nays being called, were as fol- lows, vizt :
YEAS :
Mr. Hoge,
Mr. Muhlenberg,
Mr. Brown, and
Mr. Dean.
NAYS : Mr. Franklin, President, and Mr. McLene.
Council Chamber.
PHILADELPHIA, Saturday, May 5th, 1787.
PRESENT :
The Hon'ble Henry Hill, James McLene,
Samuel Dean, William Brown, and ( Esq'rs. Peter Muhlenberg, Jonathan Hoge,
Council Chamber.
PHILADELPHIA, Monday, 7 May, of the 1787.
PRESENT :
The Honorable Henry Hill, William Brown, and
Samuel Dean Jonathan Hoge,
James McLene,
S
Esquires.
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SUPREME EXECUTIVE COUNCIL.
The Council met, at the Vice President's house.
PHILADELPHIA, Tuesday, May 8th, 1787.
PRESENT :
The Honorable CHARLES BIDDLE, Esquire, Vice President.
Samuel Dean, Peter Muhlenberg, and
Henry Hill, William Brown, Esquires.
Jonathan Hoge,
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable James McClean, Esquire, for sixty- eight pounds, in full for his attendance in Council three days in December, 1786, and from the 20th of February last until the 7th instant, inclusively, and his mileage.
In favor of the Honorable Charles Biddle, Esquire, for two hun- dred and fifty pounds, being six months' salary, due to him as Vice President of the State, and ending the 10th of this month.
In favor of the Honorable Henry Hill, Esquire, or order, the sum of twenty-one pounds, in full for his attendance in Council in the month of April last, the last day included.
In favor of Colonel William Coats, Lieutenant of the county of Philadelphia, for sixty-four pounds one shilling and six pence, for defraying the expences of exercising the militia of the said county, during the present season, for which sum he is to account, to be paid out of the militia fines of the said county.
Mr. Brown attended the Vice President as a member of the Board of Property.
Upon the petition of George William Steinhawer,
Ordered, That the Sheriff of the city and county of Philadel- phia be directed to postpone the collection of the fine imposed upon the said George Steinhawer, (upon being convicted of fraud in re- branding a quantity of flour shipped on board the brig Olive Brank,) until the end of two weeks from this date.
The fine imposed upon John Lupton, now confined in the jail of this city, was remitted.
Council resumed the consideration of the petitions of Richard Fawcett, and James McGee, now confined in the jail of this city for larceny, and thereupon,
Ordered, That the said Richard Fawcett, and James McGee, be pardoned on condition that they give sufficient security, each in the sum of fifty pounds, for their good behaviour for the term of two years from this date.
VOL. XV .- 14.
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The opinion of the Honorable Judges of the Supreme Court and Attorney General upon the questions stated to them by Council, on the 28th ult,, was read as follows, vizt :
We have considered the questions proposed by the Supreme Executive Council to the Judges of the Supreme Court and the Attorney General.
1st. Whether the Act of Assembly intitled " An Act to make more effectual provision for the payment of one hundred and thirty thousand pounds sterling, granted to the late Proprietaries, &ca .; " passed the 28th day of March last, amounts to a repeal of all for- mer laws, by which monies in the Treasury of this State are spe- cially appropriated.
2nd. Or whether it only reaches to and takes in monies formerly appropriated to the payment of the debt therein mentioned, together with such unappropriated money as may come into the Treasury of this State :
And, In answer to the first, are of opinion, that it does not amount to a repeal of all former laws by which monies in the Treasury of this State are specially appropriated.
'To the second, we answer, that it seems to us to be intended to give a prioryty of payment to the warrants in favor of the late Proprie- taries out of the funds heretofore assigned for the payment thereof, to wit : The imposts and taxes, and also out of all other monies in the Treasury, not specially appropriated.
By the words of this Act, it may be thought by some, that the warrants in favor of the late Proprietaries are to be paid in the first place, out of any monies in the Treasury, because it recites " that the funds apprpriated to the payment of them, have been deficient;" and cnacts " that they shall be actually paid out of the first monies which shall be received into the public Treasury." But acts of Assembly ought to be construed according to the will and intention of the makers, and tho' the words are general, yet they ought to be specially construed to avoid an apparent injury. And it certainly could not be the intent of the Legislature to make these warrants payable out of the monies set apart and fixed for the Judge's sala- ries, which would be a violation of the constitution, as appears by a Legislative declaration ; nor out of the monies allotted specially for the support of government, for then the wheels of government ยท must stop ; nor out of the monies assigned by themselves, during the same sessions, for the clearing of divers public roads, in conse- quence of which contracts have been made, for this would work an evident wrong to the parties contracted with, divest a right already vested, and be such a breach of public faith as would be attended with most injurious consequences in the example. Whereas, by our construction, not only the intention but the words of the Legisla- ture will be satisfied, for there will be additional and efficient funds for the securing the payment of this grant, and, by the pri.
The
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SUPREME EXECUTIVE COUNCIL.
ority an absolute certainty of its being speedily done, and no injus- tice or public inconvenience be incurred.
THOMAS MCKEAN, GEORGE BRYAN, WILLIAM BRADFORD, Jun'r.
Philadelphia, May 3d, 1787.
His Excellency the President and the Hon'ble the Supreme Executive Council.
And the same being considered,
Ordered, That the Treasurer be directed to pay to John Penn, Senior, Esquire, or order, the sum of six thousand pounds sterling, in part of the second and third annual payments directed by law to be paid to the late Proprietaries of Pennsylvania.
Council Chamber,
PHILADELPHIA, Thursday, May 9th, 1787.
PRESENT :
The Hon'ble Henry Hill, Jonathan Hoge, and
Samuel Dean, William Brown, Esquires.
Peter Muhlenberg,
Council Chamber.
PHILADELPHIA, Thursday, May 10th, 1787.
PRESENT :
The Hon'ble Henry Hill, . Jonathan Hoge, and ) :
Samuel Dean, William Brown Esquires, Peter Muhlenberg,
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The Council met at the Vice President's house.
PHILADELPHIA, Thursday, May 11th, 1787.
PRESENT :
The Honorable CHARLES BIDDLE, Esquire, Vice President.
Henry Hill, Jonathan Hoge, and J Peter Muhlenberg,
Samuel Dean, William Brown, Esquires.
The following orders were drawn upon the Treasurer, vizt:
In favor of the Honorable Samuel Dean, Esquire, for twenty- one pounds, in full for his attendance in Council until the ninth instant, inclusive.
In favor of Clement Biddle, Esquire, for seventy-eight pounds, in full of his account for rations supplied the Invalids corps, from the first day of February to the 30th of April, 1787, inclusive, according to the Comptroller General's report.
Upon the recommendation of Andrew Ellicott, Esquire,
Ordered, That Mr. John Adlum be employed as a Surveyor to attend the Commissioners appointed to run and mark the Northern boundary of this State; and that he be allowed seven shillings and six pence per day while actually employed' in the said business.
A letter from Timothy Pickering, Esquire, of the 10th instant, enclosing several returns of elections of Justices of the Peace, held according to law in the first, second and third districts, in the county of Luzerne, was read; and on consideration,
The following gentlemen were appointed and commissionated Justices of the Peace in and for the county of Luzerne, vizt :
Matthias Hollenback and
William Hooker Smith, Esq'r., for the first district.
Benjamin Carpenter and for the second district.
James Nesbitt, Esquires,
Obadiah Gore and
Nathan Kingsley, Esquires,
for the third district.
Ordered, That the said Matthias Hollenback, William Hooker Smith, Benjamin Carpenter, James Nesbitt, Obadiah Gore and Nathan Kingsley, be also appointed and commissionated Justices of the Court of Common Pleas in and for the county aforesaid.
An order was drawn upon the Treasurer in favor of Andrew Elli- cott, Esquire, for eighty-four pounds, to enable him to proceed in the business of running and marking the Northern boundary of this Commonwealth, for which sum he is to account.
The consideration of the Comptroller General's report upon William Smith's account as late Sub-Lieutenant of Lancaster county, was postponed.
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SUPREME EXECUTIVE COUNCIL.
'Council took into consideration the case of Jacob Dryer, now confined in the jail of this city, under sentence of death for bur- glary; and thereupon
Ordered, That the said Jacob Dryer be pardoned, on condition that he transport himself beyond the seas, not to return to the United States.
The case of Barrack Martin, confined in the same jail, under sentence of death for arson, was also considered, and a pardon granted to him on condition that he depart this State forth with, and not return.
PHILADELPHIA, Saturday, May twelfth, 1787.
PRESENT :
The Hon'ble Henry Hill, Jonathan Hoge, and
Samuel Dean, William Brown, Esquires. Peter Muhlenberg,
Monday, May the 14th, 1787.
PRESENT :
As on Saturday.
The Council met.
PHILADELPHIA, Tuesday, May 15th, 1787.
PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President.
Jonathan Hoge, and
Honorable Henry Hill, Samuel Dean, William Brown, Esquires.
A letter from Hugh Laird, Esquire, requesting leave to resign his offices of Justice of the Peace and a Justice of the Court of Common Pleas for the county of Cumberland, was read, and the resignation accepted.
The fine due to the State, imposed upon James McGee, upon conviction of larceny in the county of Philadelphia, was this day remitted.
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MINUTES OF THE
The Council met.
PHILADELPHIA, Wednesday, May the 16th, 1787.
PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President.
Jonathan Hoge, Peter Muhlenberg, and ?
Samuel Dean, William Brown, Esquires.
Upon the petition of Elizabeth Emery, convicted of receiving stolen goods knowing them to be such, and sentenced to a year's imprisonment, praying remission of the remainder of her im- prisonment,
Ordered, That the prayer of the said petition be granted.
The Council met.
PHILADELPHIA, Thursday, May 17th, 1787.
PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President.
Samuel Dean, Peter Muhlenberg, and
Jonathan Hoge, William Brown, $
Esquires.
Upon the petitions of Anthony Andaully and Mary Landell, praying Council to remit that part of the forfeiture of the brigan- tine Burlington and a number of pick axes, &ca., which belongs to the Commonwealth, an order was taken that the prayer of the said petitions be granted.
Council took into consideration the case of Aaron Doan, now confined in the jail of this city, under sentence of death; and thereupon
Ordered, That he be pardoned, on condition that he transport himself beyond the seas, not to return to the United States.
General Muhlenberg's resignation of his office of Commissioner for hearing and determining upon the claims of people settled in the county of Luzerne, under grants from Connecticut prior to the degree of Trenton, was accepted.
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SUPREME EXECUTIVE COUNCIL
The Council met at the President's house.
PHILADELPHIA, Friday, May the 18th, 1787.
PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President.
Honorable Henry Hill, Peter Muhlenberg, and )
Samuel Dean, William Brown, Esquires.
Jonathan Hoge,
The Comptroller General's report upon the account of Dunlap and Claypoole, for printing public accounts, advertizing sales of forfeited estates, &ca., and for stationary furnished for the Comp- troller General's office, was read and approved; and an order drawn upon the Treasurer for forty pounds two shillings and nine pence, being the amount thereof.
A petition from Richard Wells and John Clifford, relating to the late seizure of the ship Anne, by the Naval Officer, was read, and the consideration thereof postponed until Tuesday next.
A letter from Charles Thomson, Esquire, Secretary of Congress, inclosing a resolution of Congress of the third instant, declaring the acknowledgement by Congress of Phineas Bond, Esquire, as Con- sul from his Britannic Majesty, for the States of New York, New Jersey, Pennsylvania, Delaware and Maryland, was read, and an order taken that public announciation of him in that quality be made.
The Council met.
PHILADELPHIA, Saturday, May 19th, 1787.
PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President. Honorable Henry Hill, William Brown,
Samuel Dean, Peter Muhlenberg, Esquires.
Jonathan Hoge,
/ Council took into consideration the application of Monsieur Otto, Charge' des Affaires of his Most Christian Majesty, requesting that Monsieur de Brassines, who had been employed in his Majesty's armies, and is charged with malversation in his office, and is now in the prison of this city, be delivered up to Monsieur de Marbois Consul for France, in order to be sent thither to answer for his said conduct ; and thereupon,
Ordered, That the Sheriff of the city and county of Philadel- phia, be directed to deliver over the said De Brassine to the order
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of Monsieur Barbe de Marbois, Consul for France, and put on board such vessel as he the said Consul may direct, on condition that all debts with which he stands charged, as due to the citizens of any of the United States, and for which he is confined are first discharged, or that such creditors are satisfied with his removcl.
A petition from Jonas Philips, praying remission of a fine impos- ed on him for usury, was read, and the consideration thereof post- poned.
The Council met.
PHILADELPHIA, Monday, May 21st, 1787. PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President.
Honorable Henry Hill, Jonathan Hoge, and)
Samuel Dean, William Brown, Esquires.
Peter Muhlenberg,
An order was drawn upon the Treasurer in favor of Lewis Rue, for twenty-five pounds, towards enabling him to repair the banks of Mud Island, agreeably to contract entered into between him and the Comptroller General, in behelf of the Commonwealth.
A petition from Bridget Edgeworth, praying Council to remit the remaining part of the imprisonment to which she was sentenced, upon being convicted of receiving stolen goods, knowing them to be such, was read, and an order taken that the prayer of her peti- tion be granted, on condition that she give security in the sum of twenty pounds, for her good behaviour for the term of twelve months from this date.
A return of an election for borough officers, held on the first instant, in the town of Carlisle, was presented to Council and read, by which it appears that the following named gentlemen where duly elected, vizt :
Samuel Laird and
John Montgomery, S Burgesses.
Philip Miller, High Constable.
Andrew Holmes, Jun'r, { Town Clerk. Thomas Foster, John M'Curdy, 2 William Rainey, Robert Smith, S Assistants ..
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SUPREME EXECUTIVE COUNCIL, 217
The Council met.
PHILADELPHIA, Tuesday, May 22d, 1787.
PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President.
Honorable Henry Hill, William Brown, and )
Samuel Dean, Jonathan Hoge, Esquires. Peter Muhlenberg, ?
The fine due to the State imposed upon John Wheeler, on con- viction of an assault and battery in the city and county of Phila- delphia, was remitted.
Council proceeded to fill up the vacancy occasioned by the resig- nation of General Muhlenberg, as a Commissioner for carrying into execution the act of Assembly for ascertaining and confirming to certain persons called Connecticut claimants, the lands by them claimed within the county of Luzerne, &ca., and the ballots being taken, General Daniel Hiester was unanimously elected.
The Council met.
PHILADELPHIA, Wednesday, May 23d, 1787.
PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President. Honorable Henry Hill, Peter Muhlenberg, and ? Esquires. Jonathan Hoge, William Brown,
Council resumed the consideration of the petition of Jonas Philips, convicted of usury ; and thereupon,
Ordered, That the same be dismissed.
The Council met at the Vice President's house.
PRESENT :
The Honorable CHARLES BIDDLE, Esquire, Vice President. Henry Hill, Jonathan Hoge, Esquires. Peter Muhlenberg, William Brown, S
The fine imposed upon John Foy, upon conviction of larceny in the county of Philadelphia, was remitted.
A letter from the Honorable the Chief Justice, and Judge Rush, inelosing transcripts from the record of the conviction of Joseph
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Remsey Warner and Sarah Williams, upon indictment for murder at a Court Oyer and Terminer and General Jail Delivery held at Carlisle, for the county of Cumberland, on the 14th and 22nd of this mouth, and recommending the said Sarah Williams as an ob- ject of mercy, was read, together with a petition and recommenda- tion from the jury in her behalf; on consideration,
Ordered, That the said Sarah Williams, be and she is hereby reprieved until the end of the next session of the General Assem- bly.
Ordered, That a warrant under the less seal be now issued for executing the sentence of the Court upon the said Joseph Ramsey Warner, on Wednesday the ninth day of June next.
Council Chamber.
PHILADELPHIA, Friday, May 25th, 1787.
PRESENT : The Honorable CHARLES BIDDLE, Esquire, Vice President. Peter Muhlenberg,
William Brown, pry Hill, } Esquire
The Council met at the Vice President's house.
PHILADELPHIIA, Saturday, May 26th, 1787.
PRESENT :
The Honorable CHARLES BIDDLE, Esquire, Vice President. Henry Hill, Jonathan Hoge, Esquires.
Peter Muhlenberg, William Brown, S
Upon consideration of the memorial of Pressley Neville, relative to his being deprived of his district as Surveyor in the county of Washington, an order was taken that the same be referred to the Surveyor General, and that he be informed that it is the wish of Council he should settle the dispute in such manner as he shall think best calculated to serve the interests of the State.
An order was drawn upon the Treasurer in favor of the Honor- able Arthur St. Clair, Esquire, for one hundred and thirty-five pounds, in full for his attendance in Congress from the 15th of March, untill the 13th day of May, 1787, both days included.
The fines due to the State imposed upon William McDowell and Thomas Steel, severally convicted of assault and battery in the county of Lancaster, were remitted.
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SUPREME EXECUTIVE COUNCIL.
The fine imposed upon John Stanley, upon conviction of larceny at the Court of Quarter Sessions of the Peace, held on the 4th of September, 1786, for the county of Philadelphia, was remitted.
The Comptroller General's report of the 24th instant, upon the account of John Maxwell Nesbitt, Esquire, late Treasurer of the Council of Safety, &ca., for monies due to Commonwealth, was read and approved.
A memorial from Thomas Smith, Esquire, Commissioner of the Continental Loan Office for this Stato; praying tbe protection and interposition of Council, that the proceedings against him by the Comptroller General may be suspended, and that he may have an opportunity of showing that he is not a debtor to the State in the manner set forth in the claim exhibited against him, for thirty- nine thousand six hundred and sixty-five pounds six shillings and three pence, paper money of the emission 1780, was read, and an order taken that the Comptroller General be directed to stay all proceed- ing against Mr. Thomas Smith, until further orders from Council. On motion,
Ordered, That one month from this date be allowed Jacob Dryer, for complying with the condition annexed to the pardon granted to him on the tenth instant.
Council Chamber.
PHILADELPHIA, Monday, May 28th, 1787. PRESENT :
The Honorable Samuel Dean, William Brown, 1 Esquires. Jonathan Hoge,
Council Chamber.
, PHILADELPHIA, Tuesday, May 29th, 1787. PRESENT :
The Honorable Jonathan Hoge, William Brown, Samuel Dean, Henry Hill, Esquires. Peter Muhlenberg,
Council Chamber:
PHILADELPHIA, Wednesday, 30th, 1787. PRESENT :
As yesterday.
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The Council met.
PHILADELPHIA, Thursday, May the 31st, 1787.
PRESENT :
The Honorable CHARLES BIDDLE, Esquire, Vice President.
Samuel Dean, Jonathan Hoge,
Henry Hill, William Brown, and
Peter Muhlenberg, James McLene, (now returned.)
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable Peter Muhlenberg, Esquire, for twen- ty-three pounds five shillings ; and in favor of the Honorable Henry Hill, Esquire, for twenty-one pounds fifteen shillings, in full for their attendance in Council untill the 3ist of May, 1787, inclu- sively.
In favor of the Honorable Jonathan Hoge, Esquire, for twenty- two pounds ten shillings, in full for attendance in Council from the 28th of April, until 28th of May, 1787, inclusively.
In favor of Griffith Evans, for forty-three pounds, in full of his account for writing and registering two hundred and eighty-four patents for donation lands, and for attendance upon the lottery, for distributing the said lands, keeping an account of the drawers, making returns to Council, and delivering out patents from the 23d December, 1786, until this day.
In favor of Frederick Sneider, for fifteen pounds ten shillings, in full for attendance as Doorkeeper to Council from the first to the thirty. first of May, 1787, inclusively.
In favor of Colonel Andrew Porter, for one hundred pounds, ad- vanced to him as one of the Comissioners for running and marking the northern boundary of this Commonwealth, to enable him to proceed in the said business, for which sum he is to account.
In favor of Samuel Vaughan, Esquire, for ten pounds six shil- lings and nine pence, being money advanced by him for improving the State House lot, between the third of January and first of May, 1787.
A petition from John Knight, attainted of high treason, praying Council to remit the penalties under which he labors in consequence of the said attainder, was read, and an order taken that he be re- prieved until the end of the next sessions of the General Assem- bly.
A certificate from the Honorable George Bryan, one of the Judges of the Supreme Court, certifying. that Timothy Matlack, Esquire, hath entered sufficient security for prosecuting with effect his appeals from four judgments, pronounced against him by the Comptroller General, was read, and the said appeals allowed upon the memorial of Mr. Matlack.
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SUPREME EXECUTIVE COUNCIL.
A letter from Joseph Montgomery, Esquire, praying leave to re- sign his appointment as Commissioner for executing the act of As- sembly for ascertaining and confirming to certain persons called Connecticut claimants, the lands by them claimed in the county of Luzerne, was read, and his resignation accepted.
A petition from William Pettit, of Bucks county, stating that in May, 1785, he became bound in a recognizance for the appear- ance of his son John Pettit, to answer to an indictment for larceny in the said county, that on the day of appearance he could not pro- cure the attendance of his son, whereby his recognizance became forfeited, and he indebted to the Commonwealth in the sum of three hundred pounds, that at a subsequent Court his son appeared, was tried and convicted of the said offence ; therefore, praying that he may be discharged from the payment of the said debt, was read, and an order taken that the prayer of the said petition be granted.
The Council met at the Vice President's house.
PHILADELPHIA, Friday, June 1st, 1787. PRESENT :
The Honorable CHARLES BIDDLE, Esquire, Vice President.
Elenry Hill, Jonathan Hoge,
Samuel Dean, James McLene, and Esquires.
Peter Muhlenberg, William Brown,
Council proceeded to fill up the vacancy occasioned by the resig- nation of Joseph Montgomery, Esquire, as a Commissioner for carrying into execution the act of Assembly for ascertaining and confirming to certain persons called Connecticut claimants, the lands by them claimed in the county of Luzerne, &ca. And the ballots being taken Stephen Balliet, Esquire, was elected.
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