USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XV > Part 21
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Jonathan Shoemaker was appointed and commissionated a Jus- tice of the Peace for the districts of the townships of Cheltenham and Abington, in the county of Montgomery, and Joseph Scott, Esquire, was appointed and commissionated a Justice of the Peace for the district of Robinson township, in the county of Washington. Jonathan Shoemaker and Joseph Scott, Esquires, were also ap- pointed and commissionated Justices of Courts of Common Pleas, in their respective counties.
The fine due to the State, imposed upon George Wright, upon his being convicted of keeping a tipling house in the county of Northampton, was remitted.
Mr. Baird was apointed to attend the Vice President as a mem- ber of the Board of Property, in the room of Mr. Maclay.
Agreeably to the order of yesterday, Council proceeded to the election of a Prothonotary of the county of Huntingdon ; and the ballots being taken, it appeared that Lazarus McLene, Esquire, was duly elected by a majority of votes.
Whereupon, it was
Ordered, That Lazarus McLene, Esquire, be commissionated Prothonotary of the Court of Common Pleas of the county of Huntingdon.
On motion,
Ordered, That Lazarus McLene, Esquire, be appointed and commissionated Clerk of the Court of General Quarter Sessions of the Peace and Jail Delivery, Clerk of the Orphans' Court, and a Justice of the Court of Common Pleas in and for the county of Huntingdon.
The following draft of a Proclamation was read and approved :
WHEREAS, It appears from the deposition of John Wigton, and other testimoney, that John Franklin, Leriah Beach, John McKin-
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stry, and John Jenkins, have violently opposed the execution of the law in the county of Luzerne, and drove many of the claimants under Pennsylvania from their habitations out of the county :
And whereas, it is of the utmost importance to the good people of this State, that the perpetrators of such atrocious offences should be brought to condign punishment; we have thought proper to issue this Proclamation, hereby engaging that the public reward of four hundred dollars shall be paid to any person or persons, who shall ap- prehend and secure John Franklin; and the public reward of two hundred dollars shall be paid to any person or persons who shall apprehend and secure John Jenkins ; and the public reward of two hundred dollars shall be paid for apprehending and securing Leriah Beach, and John McKenstry, or one hundred for either of the said Leriah Beach or John McKenstry. The above rewards to be paid on the offenders or offender being secured in the jail of the city and county of Philadelphia ; and we do hereby charge and require all Judges, Justices, Sheriffs, and Constables, to make diligent search, enquiry after, and to use their utmost endeavours to ap- prehend and secure the said John Franklin, Leriah Beach, John McKenstry, and John Jenkins, so that they may be dealt with according to law.
GIVEN in Conncil, under the hand of the Honorable Charles Biddle, Esquire, Vice President, and the Seal of the State, at Philadelphia, this twenty-fifty day of September, in the year of our Lord, one thousand seven hundred and eighty-seven.
CHARLES BIDDLE.
ATTEST :- JAMES TRIMBLE, For John Armstrong, Jun'r, Secretary. GOD SAVE THE COMMONWEALTH!
The Council met.
PHILADELPHIA, Wednesday, September 26th, 1787. PRESENT :
The Honorable CHARLES BIDDLE, Esquire, Vice President.
Henry Hill,' William Brown,
Samuel Dean, John Baird,
Jonathan Hoge,
Nathan Dennisen, {
Esquires.
John Whitehill, Evan Evans, and
James Mc Lene, David Redick,
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable Thomas Mckean, Esquire, for two hundred and fifty pounds, being one quarter's salary, due to him as
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Chief Justice of the State, ending the 25th instant, and in favor of the Honorable George Bryan, Esquire, for one hundred and fifty pounds, being due to him on the same day, as one of the Judges of the Supreme Court, according to the Comptroller General's re- port.
A Committe from the General Assembly, Mr. Fitzimmons, Mr. Wynkoop, Mr. Findley, Mr. Brown, and Mr. Whitehill, attended in Council : requested some information respecting the operation of the late Law for confirming to the people called Connecticut claimants, the lands by them claimed in the county of Luzerne.
The Committee were informed that the Commissioners appointed under the law had not yet made a report of their proceedings.
The following draft of a Proclamation, was laid before Council, read and adopted :
Pennsylvania, ss :
By the Supreme Executive Council of the Commonwealth of Penn- sylvania.
A PROCLAMATION.
WHEREAS, A certain agreement was entered into between this Commonwealth and the Commonwealth of Virginia, on the thirty- first day of August, 1779, which agreement was afterwards, to wit : on the twenty-third of June, 1780, confirmed by the State of Vir- ginia, subject to several conditions, one of which was : "That the private property and rights of all persons, acquired under, founded on, or recognized by the laws of either State, previous to the twen- ty-third of June, 1780, aforesaid, be secured and confirmed to them, although they should be found to fall within the other; and that in the decision of disputes therein, preference shall be given to the elder or prior right, whichever of the said States, the same shall have been acquired under; such persons paying to the State within those boundary their lands shall be included, the same purchase money which would have been due from them to the State, under which they claimed the right, &ca."
And whereas, It hath been made manifest to Council, that divers persons have applied to the State of Virginia, and have procured patents after the said twenty-third of June, 1780, whereby this Commonwealth is deprived of part of one of the branches of the revenue, and many well disposed persons may be led by such examples to procure patents in the same manner, to the future loss and damage of themselves, and of such as may come into their place by purchase or otherwise :
We do therefore, Warn all such persons who have procured pat- ents from Virginia, since the said twenty-third day of June, 1780, not to rely on them as good titles to their lands, as also all such as are entitled to a confirmation of their titles to unpatented lands. whether originating in Virginia or Pennsylvania, that the Act of
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Assembly in being respecting the patenting all such lands, will expire on the tenth day of April, 1788, of which all persons con- cerned, are to take notice, and govern themselves accordingly.
Given in Council, under the hand of the Honorable Charles Biddle, E quire, Vice President, and the scal of the State, at Philadelphia, this twenty-sixth day of September, in the year of our Lord one thousand seven hundred and eighty-seven. CHARLES BIDDLE, V. P. Attest-JOHN ARMSTRONG, Jun'r, Sec'ry. GOD SAVE THE COMMONWEALTH.
The fine imposed upon William Bartho, upon being convicted of an assault and battery, at the last City Court, was remitted.
The Council met.
PHILADELPHIA, Thursday, September 27th, 1787. PRESENT :
The Honorable CHARLES BIDDLE, Esquire, Vice President.
Samuel Dean, Nathan Dennisen, 7
Evan Evans, . David Redick,
James Mcbene,
John Smilie,
Esquires.
John Whitehill,
Henry Hill,
William Brown, John Baird,
Jonathan Hoge,
An order was drawn upon the Treasurer in favor of the Honorable Francis Hopkinson, Esquire, for fifty pounds, in part of his salary as Judge of the Court of Admiralty, and in the Admiralty Sessions of this State, according to resolution of Assembly, dated the eighth day of March, 1782.
Upon the petition of Andrew Moore, of Lancaster county,
Ordered, That one moiety of the rum lately seized by the Col- lector of Excise in the county of Lancaster, as forfeited by Andrew Moore, be restored to the said Moore, and that the fine due from him to the Commonwealth, be remitted.
A certificate from Edward Burd, Esquire, Prothonotary of the Supreme Court, that William Mitchell, Esquire, late Agent for the sale of Confiscated Property in the county of York, hath entered sufficient security to prosecute with effect an appeal from the settle- ment of his account by the Comptroller General, was read, and his said appeal allowed.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Friday, September 28th, 1787.
PRESENT :
The Honorable CHARLES BIDDLE, Esquire, Vice President.
Henry Hill, John Whitehill,
Samuel Dean,
James McLene,
David Redick, John Baird,
Esquires.
Jonathan Hoge,
Nathan Dennisen, and
William Brown,
John Smilie,
The several fines imposed upon James Steward and Thomas Pea- cock, by the Court of General Quarter Sessions of the Peace of the county of Dauphine, the former convicted of an assault and battery, and the latter of larceny, were remitted.
The Council met.
PHILADELPHIA, Saturday, September 29th, 1787 PRESENT :
The Honorable CHARLES BIDDLE, Esquire, Vice President.
Henry Hill, John Whitehill,
Samuel Dean, John Baird,
David Redick, James McLene, Esquires.
Jonathan Hoge,
John Dennisen, and
William Brown, John Smilie,
An order was drawn upon the Treasurer in favor of the Honor- able Samuel Dean, Esquire, for eighteen pounds, in full for his attendance in Council from the eighth untill the twenty-ninth of September, 1787, and his mileage.
Upon the petition of John Mears, in behalf of Ephraim Parvin, of Berks county, praying remission of a fine imposed upon the said Parvin for not attending militia duty, an order was taken that the Lieutenant of the county of Berks be directed to suspend the col- lection of the said fine until further orders from Council.
Andrew Henderson, Esquire, was commissionated Register of the Probate' of Wills and granting Letters of Administration, and Recorder of Deeds, in and for the county of Huntington, agreeably to the appointment of him to those offices by the General Assem- bly, on the twenty-seventh of September last.
Andrew Henderson, Esquire, was also commissionated a Justice of the Court of Common Pleas in and for the county of Hunting- ton aforesaid.
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The Council met.
PHILADELPHIA, Monday, October 1st, 1787.
PRESENT :
The Honorable CHARLES BIDDLE, Esquire, Vice President.
Samuel Dean, David Redick,
Henry Hill, Jonathan Hoge,
John Whitehill,
Peter Muhlenberg,
Esquires.
William Brown,
James McLene,
John Smilie,
John Dennisen,
John Baird,
An order was drawn upon the Treasurer in favor of Frederick Sneider, for fifteen pounds two shillings and six pence, in full for his attendance as Door-keeper to Council, for the month of Septem- ber, 1787, and cash paid for a key for the Committee room.
Mr. Redick attended the Vice President as a member of the Board of Property.
A petition from Richard Adams, of the city of Philadelphia, in behalf of Don Juan Joseph Auguirre, a native and subject of Old Spain, stating that the said Don Juan Joseph Auguirre hath been charged with alien duty upon a cargo of wines which was imported into this State in June last, and bona fide consigned to the said Richard Adams, who hath sold the same, and praying that the said Don Juan Joseph Auguirre may be exempted from the payment of the said duty, was read ; and thereupon,
Resolved, That the Collector of the Customs be informed that it is the opinion of Council that the said Don Juan Joseph Auguirre ought not to be charged with the said alien duty, it appearing by the affirmation of the said Richard Adams that the cargo aforesaid was consigned to and disposed of by him.
'The Council met. 1
PHILADELPHIA, Tuesday, October 2nd, 1787.
PRESENT :
The Honorable CHARLES BIDDLE, Esquire, Vice President.
Samuel Dean, Nathan Dennisen,
Henry Hill, William Brown,
Peter Muhlenberg, David Redick,
Jonathan Hoge,
Andrew Billmeyer, and
John Whitehill, John Smilie,
Esquires. John Baird,
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable William Irvine, Esquire, for one hun- dred and eighty-four pounds ten shillings, in full for his attendance
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in Congress as a delegate from this State until the twenty-eighth day of September, 1787.
In favor of Matthias Hollenback, Esquire, for forty-six pounds ten shillings and seven pence, amount of his account for boarding, nursing, medicine, and attendance upon James M'Manus, who was wounded by the fall of a tree while in the public service, with the Commissioners appointed to run and mark the Northern boundary of this State, according to the Comptroller's report.
Upon the petition of Moses Phoenix, of Mountbethel township, Northampton county, and a recommendation of a number of respectable inhabitants of that county,
Ordered, That the fine imposed upon him by the Court of General Quarter Sessions, upon being convicted of keeping a tipling house in the said county, be remitted.
Upon the petition of John Lewis, and a recommendation from the street commissioners and other respectable citizens in his favor, it was
Ordered, That the punishment at hard Labor for four years to which he was sentenced by the Court of Oyer and Terminer of the County of Philadelphia upon conviction of Larceny, be remitted.
The punishment at hard labour to which Thomas Lee was sen- tenced by the City Court in July last upon being convicted of the like offence, was remitted, upon the petition of Rachel Lee his wife, and a recommendation from a number of respectable citizens.
On motion,
Ordered, That John Nicholson, Esquire, be appointed and com- missioned Escheator General of this Commonwealth under the Act of the General Assembly, passed the twenty-ninth day of Septem- ber last entituled an Act to declare and regulate Escheats.
The Council met.
PHILADELPHIA, Wednesday, October 3rd, 1787. PRESENT : His Excellency BENJAMIN FRANKLIN, Esquire, President.
The Honorable CHARLES BIDDLE, Esquire, Vice President.
Samuel Dean, John Baird,
Henry Hill, Nathan Dennisen,
John Whitehill, David Redick,
Esquires.
Jonathan Hoge, John Smilie, and
William Brown, James McLene,
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable James McLene, Esquire, for forty-two pounds, ten shillings, in full for his attendance in Council from the
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twentieth of August until the fourth of October 1787, inclusively, and his mileage.
In favor of Mathias Hollenback for fifteen shillings, being the expence attended the sale of confiscated property held in Luzerne county on the fourth day of September last, according to the Comp- troller's report.
In favor of Catherine 'l'hompson, the widow and relict of Brig- adier General William Thompson, deceased, for seventy pounds six shillings and three pence,- being her pension from the third of June until the third of September, 1787, inclusively, according to the Comptroller General's report and an Act of Assembly, dated the first of March, 1780.
'The several fines imposed upon John Hoffman, upon his being convicted of larceny upon three indictments in the county of Mont. gomery, were remitted upon his petition and a respectable recom- mendation from a number of inhabitants of said county.
The following orders were drawn upon the Treasurer, in favor of the following persons for the sums annexed to their names respect- ively, payable out of the militia fines of Lancaster county, the same being due for militia services in the year 1777, 1779 and 1781, according to the Comptroller General's report, vizt :
In favor of Adam Wilhelm, for thirteen pounds twelve shillings and ten pence.
In favor of Doctor Henry Stuber, twelve pounds ten shillings.
In favor of John Defrance, for one pound three shillings and four pence.
In favor of James Defrance, for one pound three shillings and four pence.
In favor of Christopher Taylor, for one pound four shillings and two pence.
In favor of John Taylor, for one pound three shillings and four pence.
In favor of William Berkman, for one pound three shillings and four pence.
A letter from the Secretary of Congress, transmitting the report of the Convention lately assembled at Philadelphia, together with the resolutions and letter accompanying the same, agrecably to a resolution of Congress dated the twenty-eighth of September last, and requesting that the same may be laid before the Legislature, in order that it may be submitted to a Convention of Delegates to be chosen by the people of this State, was read and filed.
The memorial of James M'Calmont, Esquire, being read and several depositions in support thereof.
On motion,
Resolved, That the Attorney General be directed forthwith to commence a prosecution against Captain John Barry, and such other persons as shall be found to have been principally active in seizing
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SUPREME EXECUTIVE COUNCIL.
the said James M'Calmont, or otherwise concerned in the riotous proceedings as set forth in the said memorial, and that the said memorial and depositions or copies thereof, be transmitted with this resolution to the Attorney General.
The yeas and nays being called upon, the foregoing resolution were as follows, vizt :
Yeas.
Yeas.
Nays.
Mr. President,
Mr. Hoge,
Mr. Hill,
Mr. Vice President,
Mr. Smilie,
Mr, Dean,
Mr. M'Lene,
Mr. Whitehill,
Mr. Muhlenberg.
Mr. Redick,
Mr. Baird.
So it was carried in the affirmative.
We disent from the resolve entered into on the second instant, for the following reasons :
1st. The powers of Government being particularly divided among the several departments of Legislative, Executive and Judi- cial authority, the public peace and security of individuals, require that the bounds assigned to one should not be invaded by the other. Great part of the excellence of a free government, consists in the exact order and precision with which the duties of administration are arranged and defined, by which a certain and regular remedy is provided for every wrong done, and which the sufferers are entitled of wright to demand. In every species of offence, from treason to the smallest misdemeanor, our constitution and the laws have pro- vided certain adequate remedies, for which proper officers are ap- pointed. To interfere in the duties which those officers are to perform, before it appears to Council that they have refused on a reasonable request made to them, is to disorder the harmony of government, and to blend and confuse the officers which the Con- stitution has indeavoured to preserve separate and distinct.
2nd. It is true that the Constitution declares Council are to take care that the laws be faithfully executed, but is evident that their interference is not directed to take place a priori, and in the first instance, otherwise it would become their duty to give the same directions to the Attorney General, with those which were voted in the third instant in every application, and whether the proper Mag- istrates had been delinquent or not.
3rd. Cases may, indeed, arise of such consequence, as to render it meritorious in Council, to break thro' the legal boundaries as- signed to their jurisdiction, and anticipating our obvious and per- nicious refusal in the proper offices, give directions in the first in- stance for the faithfull execution of the laws; but what are the cases in which such an interference can be necessary or justifiable, surely it can only be when combinations to oppose not to support legal government, to resist not to establish authority, threaten the safety of the State, the liberty and happiness of the public. Such
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were the late unwarrantable associations in the county of Northamp- ton, in express defiance of the laws and contempt of the authority of the Commonwealth, but unless on other occasions, the declared object and intentions of the parties accused should appear to Coun- cil, to be in a similar manner directed against the existence of all legal authority, no precedent can justly be drawn from what was done on that occasion.
4th. But tho' that resolve can afford no precedent for the act of the second instant, entered on the minutes of Council, it is proba- ble that the latter will hereafter be converted into a frequent and convenient example for the purposes of party, and that future fac- tions may derive from this occasion, a mode of obtaining assistance in the pursuit of favorite measures, which had Council adheared to the plain original principles of the Constitution would never have been afforded to them.
PETER MUHLENBERG, SAMUEL DEAN, HENRY HILL.
The Council met.
PHILADELPHIA, Thursday, October 4th, 1787.
PRESENT :
The Honorable CHARLES BIDDLE, Esquire, Vice President.
Henry Hill, Nathan Dennisen,
Samuel Dean,
David Redick,
Peter Muhlenberg, John Baird,
Esquires.
Jonathan Hoge, John Smilie, and
William Brown,
John Whitehill,
An order was drawn upon the Treasurer in favor of the Honora- ble John Whitehill, Esquire, for sixty-seven pounds fifteen shillings, in full for his attendance in Council until the fifth day of October, 1787, and his mileage.
The punishment at hard labour, to which Daniel Harkins was sentenced by the Court of Oyer and Terminer and General Jail Delivery for the county of Chester, upon being convicted of a robbery, was remitted, upon the petition of his wife, Margaret Harkins, and a recommendation from a number of the inhabitants of the said county.
Upon the petion of divers freeholders of the township of Fallow- field, in the county of Chester, an order was taken that the punish- ment at hard labour, to which negro Sam was sentenced by the Court of General Quarter Sessions of the Peace of the county afore- said, be remitted.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Friday, October 5th, 1787.
PRESENT :
The Honorable CHARLES BIDDLE, Esquire, Vice President.
Henry Hill,
David Redick,
Samuel Dean,
Nathan Dennisen,
Peter Muhlenberg,
John Baird,
Esquires.
Jonathan Hoge,
John Smilie, and
William Brown,
John Whitehill,
The following orders were drawn upon the Treasurer, vint :
In favor of the Honorable David Redick, Esquire, for fifty two pounds fifteen shillings, in full for his attendance in Council untill the fourth instant, inclusively, and his mileage.
In favor of the Honorable Jonathan Hoge, Esquire, for thirty- four pounds 10s, in full for his attendance in Council from the third of July to the fifteenth, and from the nineteenth of July until the first of September, 1787.
In favor of the Honorable Henry Hill, Esquire, for twenty-two pounds ten shillings, in full for his attendance in Council from the first until the thirtieth of September, 1787, inclusively.
In favor of the Honorable John Armstrong, Esquire, for one hundred and eighty-one pounds seventeen shillings, in full for his attendance in Congress as a Delegate from Pennsylvania, from the thirty.first of July untill the fifteenth of October, 1787, and his mileage.
Two orders were drawn in favor of Captain Joseph Stiles, Com- missary of Military Stores; one for ten pounds, for painting the public Arsenal, and the other for twenty-six pounds three shillings and three pence, for one hundred weight of powder and three hun- dred weight of lead, and for transporting the same to the county of Luzerne, Council having thought proper to forward the said am- munition for the defence of that county.
On consideration,
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Ordered, That Colonel James Ross, Lieutenant of Lancaster county, be directed to deliver to Matthias Hollenback fifty stand of arms, to be forwarded to Colonel William Wilson, Lieutenant of Northumberland county, for the defence of the county of Luzerne.
Ordered, That Mr. Redick, member of this Board, be appointed to lay out the Town Common and lots in the reserved tract oppo- site Pitsburgh, on the north-west side of Allegany river, agreeably to a late act of Assembly made respecting the same, and that he survey and lay out the said town in conformity to the plan by him
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laid before this Board, as nearly as the ground and other circum- stances, in his opinion will admit, and to make report to this Board as soon as convenient.
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The Council met.
PHILADELPHIA, Saturday, October 6th, 1787.
PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President. The Honorable CHARLES BIDDLE, Esquire, Vice President.
Henry Hill, David Redick,
Samuel Dean, John Baird,
Peter Muhlenberg,
Nathan Dennisen,
Esquires,
John Smilie,
Upon the petition of John Logan, now confined in the jail of this city for larceny, an order was taken that the punishment at hard labour, to which he was sentenced by the Court, be remitted, on condition that he transport himself from the United States in four weeks from this date, not to return.
Upon the petition of Bridget Edgeworth, in behalf of her bus- band John Edgeworth,
Ordered, That his punishment at hard labour be remitted, on condition of his finding sufficient security that he transport him- self out of the United States forthwith, not to return.
The fine imposed upon Adam Driesbach, upon conviction of for- nication and bastardy in the county of Northampton, was remitted.
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