Colonial records of Pennsylvania, Vol. XV, Part 18

Author:
Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 686


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PRESENT :


His Excellency BENJAMIN FRANKLIN, Esquire, President. Honorable Samuel Dean, James McLene,


Peter Muhlenberg, John Smilie, and Esquires. Jonathan Hoge, Andrew Billmeyer,


An order was drawn upon the Treasurer in favor of the Honor- able Francis Hopkinson, Esquire, for fifty pounds, in part of his salary as Judge of the Court of Admiralty and in the Admiralty Sessions for this State, according to resolution of Assembly dated the thirteenth day of March, 1782.


A certificate from Edward Shippen, Esquire, President of the Court of Common Pleas, that John Sparhawk hath entered suffi- cient security to prosecute with effect his appeal from the settle- ment of his account by the Comptroller General, was read and the said appeal allowed.


235


SUPREME EXECUTIVE COUNCIL.


The Council met.


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PHILADELPHIA, Friday, June 29th, 1787.


PRESENT :


His Excellency BENJAMIN FRANKLIN, Esquire, President.


Honorable Samuel Dean, James McLene,


Peter Muhlenberg, John Smilie, and


Jonathan Hoge, Andrew Billmeyer, 1 Esquires.


Upon application of Colonel Thomas Mifflin, an order was issued to Captain Stiles, to deliver sixty pounds of gunpowder for the use of the Artillery battalion in this city upon the Anniversary of In- dependence,


The petition and claim of the Earl of Shelburne, (by his Attor- ney, Timothy Hurst,) to sundry city lots and lands in right of an original purchase by Sir William Petty of William Penn, Esquire, the first proprietor of Pennsylvania, was read, and referred to the Attorney General.


Ordered, That the Comptroller General be requested to furnish a copy of John Sparhawk's account, in order that the same may be transmitted to the Supreme Court.


The memorial of sundry Pennsylvania claimants of land in Lu- zerne county, praying Council to direct the officers of the Land Office to receive no more locations of land in the counties of North- ampton and Luzerne, untill the General Assembly shall meet and make order respecting them, was read, and an order taken that the same be laid before the General Assembly at their next meeting.


The Council met.


PHILADELPHIA, Saturday, June 30th, 1787.


PRESENT : His Excellency BENJAMIN FRANKLIN, Esquire, President.


Honorable Samuel Dean, John Smilie, and


Jonathan Hoge, James McLene, Andrew Billmeyer, Esquires.


An order was drawn upon the Treasurer in favor of the Honor- able Jonathan Hoge, Esquire, for thirty-two pounds eleven shil- lings, in full for his attendance in Council from the 29th day of May until the third day of July one thousand seven hundred and eighty-seven, inclusively.


236


MINUTES OF THE


The Council met.


PHILADELPHIA, Monday, July 2d, 1787.


PRESENT :


His Excellency BENJAMIN FRANKLIN, Esquire, President


Samuel Dean,


Jonathan Hoge,


Peter Muhlenberg,


John Smilie, and


Esquires.


James McLene, Andrew Billmeyer,


The following orders were drawn upon the Treasurer, vizt :


In favor of the Honorable James McLene, Esquire, for thirty- four pounds five shillings, in full for his attendance in Council un- till the fourth of this month, inclusively.


In favor of the Honorable Peter Muhlenberg, Esquire, for eigh- teen pounds fifteen shillings, in full for twenty-five days' atten- dance in Council; in the month of June, 1787.


In favor of the Honorable Samuel Dean, Esquire, for twenty pounds five shillings, in full for his attendance in Council from the sixth day of June until the second of July, 1787, inclusively.


In favor of Lewis Rue, for twelve pounds ten shillings, being the residue of one hundred pounds allowed him by the State, for repairing the bank of Mud Island, according to contract.


In favor of Frederick Sneider, for fifteen pounds three shillings and nine pence, in full for his wages as Door keeper to Council, for the month of June, 1787, and cash paid for repairing the key of the State House.


On application of Colonel William Will, Captain Stiles was directed to deliver fifty pounds of gunpowder for the use of his battalion of militia upon the Anniversary of Independence.


Council being informed that the debts for which Monsieur De Brassine was confined in prison are now discharged,


Ordered, That the Sheriff be directed to proceed to the imme- diate execution of the order of Council of the nineteenth of May last, for delivering the said De Brassine to the order of the Consul of France.


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SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, Tuesday, July 3d, 1787.


PRESENT :


His Excellency BENJAMIN FRANKLIN, Esquire, President.


Honorable Samuel Dean, James McLene,


Peter Muhlenberg, Andrew Billmeyer, and Esquires. Jonathan Hoge, John Smilie,


The following orders were drawn upon the Treasurer, vizt :


In favor of the Honorable George Bryan, Esquire, for one hun- dred and fifty pounds, in full for one quarter's salary as one of the Judges of the Supreme Court, ending the twenty-fifth day of June last.


In favor of John Armstrong, Jun'r, Esquire, for one hundred pounds, in part of his pay as a Delegate from this State to Con- gress, for which sum he is to be accountable.


In favor of Timothy Pickering, Daniel Hiester, Jun'r, and Ste- phen Balliett, Esquires, (Commissioners appointed to execute the act of Assembly for ascertaining and confirming to certain persons called Connecticut claimants, the lands by them claimed in the county of Luzerne,) or order, the sum of one hundred and fifty pounds, in part of their pay and for purchasing stationary, &ca., for which they are to account.


A certificate from Edward Burd, Esquire, Prothonotary of the Supreme Court, that John Black, Caleb Newbold, Samuel New- bold and Sarah Newbold, executors of the testament and last will of Caleb Newbold, late of Burlington, in the State of New Jersey, deceased, have entered sufficient security to prosecute with effect an appeal from the settlement of the account of said deceased by the Comptroller General, was read, and the said appeal allowed.


Upon the petition of divers officers of the seventh battalion of Philadelphia militia, complaining of some abuses at a late election of officers,


Ordered, That Colonel Henry be directed to hear the testimony that may be adduced touching the said abuses, and report the same to Council as soon as may be.


A draft of an advertisement of the sale of sundry tracts of land, late the estate of Andrew Allen, an attainted traitor, situate in Luzerne county, proposed to be held on the second day of August next, was laid before Council, and the sale allowed.


Ordered, That Matthias Hollenback be appointed an Agent to superintend the sale thereof.


233 .


MINUTES OF THE


The Council met.


PHILADELPHIA, Thursday, July 5th, 1787.


PRESENT : His Excellency BENJAMIN FRANKLIN, Esquire, President.


The Hon'ble Henry Hill, Samuel Dean, Peter Muhlenberg, Andrew Billmeyer, & & Esquires. John Smilie, Robert Trail, ?


An order was drawn on the Treasurer in favor of Sidney Paul, for the sum of thirty-six pounds nine shillings and one pence, it being the amount of her account of expences for the Cherokee Chief and Captain Dromgoole, Indian Interpreter, while in this State on public business with the United States, from the twelfth of June until the first of July last, according to the Comptroller General's report.


The Council met.


PHILADELPHIA, Friday, July 6th, 1787.


PRESENT :


His Excellency BENJAMIN FRANKLIN, Esquire, President.


2 Henry Hill, John Smilie, r Esquires.


Andrew Billmeyer, Samuel Dean,


Peter Muhlenberg, " Robert Trail,


A letter from John White, Esquire, of the first instant, inform- ing Council of his being appointed by the Honorable Treasury Board of the United States a Commissioner to settle the accounts of the States of Pennsylvania, Delaware and Maryland, with the United States, agrecably to an ordinance of Congress passed on the seventh day of May last, that he has taken the oath required, and is ready to enter on the business of his commissions, was read.


The Comptroller General's report on the account of William Alexander, late Paymaster of the militia of the county of York, was read, together with several papers accompanying the same ; and on consideration,


Ordered, That the Comptroller General be directed to furnish Council with every information on the subject which the papers in his hands may enable him to give.


239


SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, July 7th, 1787. ?


PRESENT :


As yesterday,


An order was drawn upon the Treasurer in favor of James McLene, Esquire, commanding the Invalid corps, for the sum of sixteen pounds four shillings and nine pence, in full for his sub- sistance for the months of April, May and June, 1787, and for his house rent, commencing the twenty-second of March and ending the twenty-second of June, ulto., according to the Comptroller General's report.


The following orders were drawn upon the Treasurer, vizt:


In favor of the Honorable Henry Hill, Esquire, for sixteen pounds ten shillings, in full for his attendance in Council from the first to the thirtieth of June last, inclusively.


In favor of John Nicholson, Esquire, for thirty-eight pounds eleven shillings, to reimburse him for the like sum he advanced in the purchase of presents made to the Choctaw, Checkisaw and Cherokee nations of Indians, by this Commonwealth, and for a suit of cloathes presented to Mr. John Woods, Indian Interpreter, the same having been ordered by this Board.


In favor John Nicholson, Esquire, for fifty pounds, being one quarter's salary, due to his Clerk, according to the Comptroller General's report and act of Assembly.


In favor of Robert Smith, for the sum of three fifteen shil- lings, for the amount of his account for newspapers furnished Council, from February the sixth to August the sixth, according to the Comptroller General's report.


In favor of Joseph B. M'Kean, for the sum of ten pounds and two pence, being the expences of the Judges, Attorney General and Prothonotary, and their servants, chargeable to the State on their circuit to the counties of Berks, Northampton and Bucks, ending the twenty-sixth day of May.


The fines imposed on James Lovely, upon being convicted of larceny in the city of Philadelphia, was remitted.


240


MINUTES OF THE


The Council met.


PHILADELPHIA, Monday, July 9th, 1787.


PRESENT :


His Excellency BENJAMIN FRANKLIN, Esquire, President. The Honorable Mr. John Smilie, Andrew Billmeyer, Peter Muhlenberg, Robert Trail, and Samuel Dean, Henry Hill, Esquires.


The following orders were drawn upon the Treasurer, vizt :


In favor of Israel Israel, for the sum of forty-two pounds four shillings and four pence, being the amount of his account for ex- pences for the Choctaw King and his Queen, and the Cherokee Chief, together with their interpretor while in town, from the eighteenth of June till the fifth of July, they being on a journey to Congress upon business of the United States.


In favor of Samuel Hodgeton and company of Military Stores, for the sum of seventy-five pounds five shillings, the same to in- clude one hundred dollars, by order of this Board of the twenty- seventh ulto., directed to be advanced for bearing the expences of the Indians on their return home, and also to enable him to dis- charge sundry expences for cloathing, waggons, hire, &ca., the same to be charged to the United States.


In favor of General Henry Knox, for the sum of eighteen pounds fifteen shillings, to enable him to purchase a horse for the Chero- kee Chief, now in this city, to be charged to the United States.


The Council met.


PHILADELPHIA, Tuesday, July 10th, 1787.


PRESENT :


His Excellency BENJAMIN FRANKLIN, Esquire, President.


Honorable Henry Hill, Andrew Billmeyer,


Samuel Dean, John Smilie, and Esquires.


Peter Muhlenberg, Robert Trail,


The fine imposed upon William Rickett, a mulattoe man, upon conviction of fornication and bastardy in the county of Chester, was remitted.


The fine imposed upon Elizabeth Wilhelm, upon conviction of adultery and bastardy in the county of Northampton, was remitted upon her petition and recommendation from the Court.


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241


SUPREME EXECUTIVE COUNCIL.


Upon the petition of Benjamin Davis, and a recommendation from divers citizens,


Ordered, That he be appointed and commissioned a Notary and Tabellion Public, in for this Commonwealth.


A letter from Colonel William Henry, containing his report of the evidence taken concerning a disputed election of a Major of the seventh battalion of militia of the city and liberties of Phila- delphia, was read, by which it appears that the same was held con- trary to law ; therefore,


Ordered, That the said election, so far as it respects the Major, be and hereby is set aside and made void.


Ordered, That Colo. William Henry be directed to hold a new election for a Major in the seventh battalion of militia, in the city and liberties of Philadelphia.


.


The Council met


PHILADELPHIA, Wednesday, July 11th, 1787.


PRESENT :


His Excellency BENJAMIN FRANKLIN, Esquire, President.


Honorable Henry Hill, Peter Muhlenberg,


Samuel Dean, Robert Trail, and Esquires.


John Smilie, Andrew Billmeyer, 1 1


The Council having taken into consideration the memorial of Benjamin Davis of the fourteenth of December, 1781, stating his right to a city lot in right of William Cecil or Scissel, an original purchaser under William Penn, the first proprietor of Pennsylva- nia, situate on the south side of Walnut street, in the square be- . tween third and fourth streets from Schuylkill, containing in breadth on Walnut street, ninety-nine feet, and in length or depth on Schuylkill Third street aforesaid, two hundred and sixty feet. bounded north ward by Walnut street aforesaid ; eastward by ground vacant at the time of his purchase ; southward by vacant ground in like manner ; and westward by Third street aforesaid, which lot is distinguished in a plan of the city of Philadelphia, by the name of William Cecil, No. 60, and representing that the same hath been laid off and sold by the State, in the year 1781, and having also considered the report of the Surveyor General, by which it appears that the said lot hath been sold by the State as set fourth by the said claimant, together with the report of the Attorney General' on the title of the said Davis, to the lot aforesaid.


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MINUTES OF THE


Resolved. That Council are of opinion that his claim is well founded to a part of said city lot, and that he was at the time the same was sold by the Commonwealth, invested with the rights of two-fifth parts thereof.


The Council met.


PHILADELPHIA, Thursday, July 12th, 1787.


PRESENT :


His Excellency BENJAMIN FRANKLIN, Esquire, President.


Honorable Henry Hill, Robert Trail, John Smilie, and


Samuel Dean,


Andrew Billmeyer, John Whitehill, (now re- turned.)


A memorial from Mr. Charles Simms, stating that in the year 1775, he purchased of Alexander Ross, two tracts of land situate on the river Ohio and Raccoon creek, and gave his bonds for the amount of the purchase money, payable to the said Alexander Ross at a future day, that the Agents for the sale of Confiscated Property in Westmoreland county are now possessed of the said bonds, and have proceeded against him for the recovery of the money due thereon, as being forfeited to the Commonwealth of Pennsylvania, by reason of said Ross's attainder of high treason, that he conceives the said proceedings to be irregular, and praying the interposition of Council that the proceedings aforesaid, may be stayed, was read, and an order taken that the said memorial be re- ferred to the Honorable the Judges of the Supreme Court and the Attorney General, for their opinion on the case.


The petition of Richard Wells, and John Clifford, praying re- mission of that part of the forfeiture of the ship Anna, which be- longs to the Commonwealth, was read, and the question being put, " shall the prayer of the said petition be granted ?" it was deter- mined in the negative, upon which the yeas and nays were called, and were as follows, vizt :


YEAS :


Mr. Muhlenberg, Mr. Hi!l, and Mr. Dean.


NAYS : Mr. Smilie, Mr. Whitehill, Mr. Billmeyer, and Mr. Traill.


The fine imposed upon Robert Hamilton, upon conviction of lar ceny, in the city of Philadelphia, was remitted.


Trea tero N by o cant


In dred p Compt In fa sum of to him preme


243


SUPREME EXECUTIVE COUNCIL.


Council Chamber.


PHILADELPHIA, Friday, July 13th, 1787.


PRESENT :


The Hon'ble Henry Hill, Robert Traill,


Samuel Dean, Andrew Billmeyer, and


John Smilie, Peter Muhlenberg,


Esquires. John Whitehill,


The Council met.


PHILADELPHIA, Saturday, July 14th, 1787. PRESENT :


His Excellency BENJAMIN FRANKLIN, Esquire, President.


The Honorable CHARLES BIDDLE, Esquire, Vice President.


Robert Traill, Samuel Dean,


John Whitehill, Andrew Billmeyer, and


John Smilie, Henry Hill,


Esquires. Peter Muhlenberg,


A licence to travel with and sell goods throughout this Common- wealth, was granted to John Sheridan, upon his petition, read yes- terday.


Note .- The fees due to the State on this licence was given up by order of Council, in consideration of the poverty of the appli- cant.


The following orders were drawn upon the Treasurer, vizt :


In favor of John Nicholson, Esquire, for the sum of two hun- dred pounds, being a quarter's salary, due to him (on this day,) as Comptroller General.


In favor of the Honorable William A. Attlee, Esquire, for the sum of one hundred and fifty pounds, being a quarter's salary, due to him on the twenty-fifth of June, ulto., as a Judge of the Su- preme Court.


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244


MINUTES OF THE


Council Chamber.


PHILADELPHIA, Monday, July 16th, 1787.


PRESENT :


The Hon'ble Robert Traill, Samuel Dean,


John Whitebill, Andrew Billmeyer, and


John Smilie, Henry Hill, Peter Muhlenberg,


Esquires. 0


The Council met.


PHILADELPHIA, Tuesday, July 17th, 1787.


PRESENT :


The Honorable CHARLES BIDDLE, Esquire, Vice President.


Robert Trail, Samuel Dean,


Jobn Whitehill, Andrew Billmeyer, and


John Smilie, Henry Hill,


Peter Muhlenberg,


An order was drawn in favor of William Scott, Esquire, for the sum of ten pounds twelve shillings, being the costs of suit in consequence of an appeal against the Comptroller General's settle- ment of his account as Paymaster of the militia of the county of York, to the Supreme Court, agreeably to a certificate of the Pro- thonotary of the said Court.


William Scott, Esquire, Lieutenant of the county of York, was admitted to a hearing before the Board, under a complaint of Wil- liam Alexander, Esq'r, Sub-Lieutenant. of the county aforesaid, charging the said William Scott, with keeping back from the Comp- troller General sundry papers, vouchers of his, (Alexander's) ac- counts, and placing them to his own, (Scott's) credit. Determina- tion postponed.


Resolved, That the act of this Board appointing Joseph Work, Alexander Lowry, and Jacob Cook, Esquires, agents for the sale of a tract of land, the property of William Hay, late a Collector of Excise for the county of Lancaster, be rescinded, and that the Comptroller General be instructed to proceed in the case as circum- stances and the laws will warrant.


The Attorney General made report upon the Memorial of Charles Simms, referred to him by resolution of Council of the twelfth in- stant.


An order was drawn in favor of Griffith Evans, for the sum of four pounds, in full of his account for writing thirty-two patents


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245


SUPREME EXECUTIVE COUNCIL.


for donation lands, according to the Comptroller General's report of the fifth instant.


Upon motion,


Ordered, That the Treasurer of the State be directed to cease any further issue of orders upon the Collector of the Customs, Treasurer of Counties, or other officers of revenue, until he be other- wise instructed by the Legislature or by this Board.


Ordered, That the several officers of revenue in the appointment of Council, be directed to proceed according to law for the immediate recovery of all monies due to the State.


Council Chamber.


PHILADELPHIA, Wednesday, July 18th, 1786.


PRESENT :


The Honorable Robert Traill, Samuel Dean,


John Whitehill, Andrew Billmeyer, and Esq'rs. John Smilie, Henry Hill, Peter Muhlenberg,


The Council met.


PHILADELPHIA, Thursday, July 19th, 1787.


PRESENT :


The Honorable CHARLES BIDDLE, Esquire, Vice President.


Robert Traill, Samuel Dean, 2


John Whitehill, Andrew Billmeyer, and


John Smilie, Henry Hill, Esquires. Peter Muhlenberg,


The resignation of Daniel Hiester, Jun'r, Esquire, a commis- sioner for adjusting the claims of the Connecticut settlers, within the county of Luzerne, was read, and excepted.


The Comptroller General's reports upon the following accounts, were read and approved, vizt :


Of Richard McCallister, Esquire, late Lieutenant of York county.


Of James Byrne.


Of Casper Geyer, Esquire, late Sub-Lieutenant of the city of Philadelphia.


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MINUTES OF THE


Of Thomas Bull, Captain of the sixth Pennsylvania regiment, for recruiting.


Of Robinson, Captain of the Berks county militia.


Of Jacob Bishop, late a Commissioner for procuring flour for the French fleet, under act of Assembly of October, 1779.


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Of Thomas Proctor, Esquire, late Sheriff of Philadelphia, with William Crispin.


Of William Moore, Esquire, late Vice President and President of the Supreme Executive Council.


Of William Will and Robert Smith, Esquires, Agents of For- feited Estates for the city of Philadelphia, from 1781 to 1784.


Of William Will, Robert Smith, and Charles Willson Peale, Esquires, Agents of Forfeited Estates for the city of Philadelphia, from 1778 untill 1781.


It was moved by General Muhlenberg, that,


WHEREAS, Council by their act of the fourth of May, 1787, did direct that the money arising from the sale of one hundred barrels of flour, forfeited to the State by John Rbeiner, be remitted.


" And whereas, The intention of this act has been hitherto sus- pended by reason of the Attorney General's having paid the money arising from the said forfeiture into the public Treasury, after pass- ing the said act ;" therefore,


Resolved, That to give immediate effect to the act aforesaid, the Treasurer be directed to repay to John Rheiner, or order, the sum , of one hundred and seventy.two pounds seven shillings and six pence, being the amount of the money remitted. .


'The consideration of the preceeding motion was made the order of the day for to-morrow.


The fines due to the State from Catharine Looseham, James Dixon, and Henry Edwards, were remitted.


The petitions of John McCrum, John Lewis, Thomas Wigley, and John Edgworth, were read and rejected.


The Comptroller General reported a plan of city lotts situate in and near South street, and other lotts, as aforesaid, on Eighth street from Delaware at the corner of Race street.


Ordered, That the lotts aforesaid be offered for public sale on Saturday, the fourth day of August, 1787.


The petition of John Collins, a prisoner (in the jail of this city and county) under sentence of death, praying the pardon of Coun- cil, was read, and an order taken that the prayer of his petition be granted on condition of his removing himself out of the United States within the space of thirty days.


The Comptroller General's report upon the account between John McPherson and the State, was read and approved.


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SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, Friday, July 20th, 1787.


PRESENT :


His Excellency BENJAMIN FRANKLIN, Esquire, President. The Honorable CHARLES BIDDLE, Esquire, Vice President.


Jonathan Hoge, Peter Muhlenberg,


Robert Traill, Samuel Dean,


John Whitehill, Andrew Billmeyer, and Esquires. John Smilie, Henry Hill,


The consideration of General Muhlenberg's motion of yesterday was resumed, and the votes being taken, it appears that the yeas and nays being equal, the question was lost.


The petition of Philip Dunn, praying a remission of a fine of one hundred dollars, imposed upon him on a conviction of forgery, was read,


Ordered, That a bond be taken for the payment at a future day of the one hundred dollars aforesaid.


Council Chamber.


PHILADELPHIA, Saturday, July 21st, 1787.


PRESENT :


The Honorable Jonathan Hoge, Peter Muhlenberg, r Robert Traill, Samuel Dean, John Whitehill, Andrew Billmeyer, & Esquires. John Smilie, Henry Hill,


The Council met.


PHILADELPHIA, Monday, July 23rd, 1787.


PRESENT :


The Honorable CHARLES BIDDLE, Esquire, Vice President.


Jonathan Hoge, Henry Hill,


Robert Traill, Samuel Dean,


John Whitehill, Andrew Billmeyer, and 1 Esquires. Peter Muhlenberg, John Smilie,


A return of Justices of the Peace for the district of Bethlehem. in Northampton county, was read, with a remonstrance against it ; on which it was


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MINUTES OF THE


Ordered, That the facts stated in the remonstrance aforesaid be investigated, and report thereof made to this Board by Robert Le- vers, Peter Kichlein, and Lewis Starhers, Esquires.


The Honorable Mr. Bryan was requested to attend Council to- morrow at eleven o'clock, to confer with Council on the subject of Messrs. Dyer and Wright's petitions.


The Attorney General was instructed to sustain a suit in the case of John Rheiner.




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