Colonial records of Pennsylvania, Vol. XV, Part 24

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


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A Proclamation was also directed to issue, requiring all Judges, Justices, &ca., to use their utmost endeavours to apprehend and bring to examplary punishment the persons who were concerned in the riot in the night of the sixth instant.


The Council met.


PHILADELPHIA, Saturday, November 10th, 1787.


PRESENT :


His Excellency BENJAMIN FRANKLIN, Esquire, President.


The Honorable PETER MUHLENBERG, Esquire, Vice President.


Henry Hill, Frederick Watt,


Evan Evans, George Woods,


Samuel Dean, John Baird,


George Ross,


David Redick,


Esquires.


James Read, John Smilie,


Robert Traill, Abraham Smith,


William Maclay, Christian Kucher, and


Samuel Edie, Nathan Dennisen,


Doctors Benjamin Rush and James Hutchinson, and Mr. Elijah Weed attended agreeably to the request of Council, and after some


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time spent in hearing those gentlemen respecting the conduct of Mr. Jones as Health Officer, the appointment of a Health Officer was postponed untill Monday next. 3


The Council met.


PHILADELPHIA, Monday, November 12th, 1787. PRESENT :


His Excellency BENJAMIN FRANKLIN, Esquire, President.


The Honorable PETER MUHLENBERG, Esquire, Vice President.


Evan Evans, Abraham Smith,


James Read,


John Smilie,


Robert Traill,


George Ross,


Samuel Edie,


John Baird,


Esquires.


George Woods,


Samuel Dean,


Nathan Dennisen,


Frederick Watt,


Christian Kucher,


David Redick and


William Maclay,


Henry Hill,


It appearing from intelligence received from Washington Coun- ty that the Indians have murdered some of the inhabitants of the said county, and that the people there are in want of arms and ammunition.


Resolved, That one hundred stand of arms, four hundred weight of powder, and eight hundred weight of Lead, and one thousand flints be purchased by the Comptroller General and sent to the Lieutenant of Washington county.


The appointment of a Health Officer was postponed until to-mor- row.


The following drafts of two proclamations, were read and approved, vizt :


Pennsylvania, ss.


By the President and the Supreme Executive Council of the Commonwealth of Pennsylvania:


A PROCLAMATION.


WHEREAS, It appears to'us that about midnight, between Tues- day the sixth and Wednesday the seventh instant; a most daring riot was committed by a large company of disorderly and evil minded persons, unknown, at and on the dwelling of Major Alex- ander Boyd in sixth Street, in the city of Philadelphia, which com- pany violently assaulted the same house by throwing stones there-


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at, and damaging the same to the great disturbance and annoyance of the Honorable John Baird, Abraham Smith and John Smilie, members of Council, and of James M'Lene, James M'Calmont, William Findley and John Piper, Esquires, members of the Gene- ral Assembly of this .Commonwealth, who were there asleep, within the same dwelling :


And whereas, It is manifest that the said rioters did perpetrate the riot and outrage aforesaid, with design to affront and injure the gentlemen aforesaid, in as much as they at the same time declared that they knew that they were lodgers with the said Alexander Boyd, and did speak concerning them in the most contumelious and threatening terms :


And whereas, The General Assembly of this State have trans- mitted to Council the following resolutions, entered into by them on this occasion, vizt :


Saturday, November the tenth, 1787. The committee to whom was referred this forenoon, the motion respecting the insult offered to some members of this House, made report, which was read, and on motion, and by special order, the same was read the second time, and unanimously adopted as follows, vizt :


WHEREAS, Complaint hath been made to this House by James M'Calmont, James M'Lene, John Piper and William Findley, Esquires, members thereof, that on the night of Tuesday the sixth instant, the house of Major Boyd of this city in which they resid- ed, was riotously attackted by a number of persons to the said members unknown, and themselves abused and insulted by re- proachfull language,


Resolved That such outrageous proceedings is highly disapproved of by this House, and is a breach of the privilege of its members.


Resolved, That this resolution, together with the affidavits which the said members have thought proper to produce on the subject, be transmitted to the Supreme Executive Council, and that Council be requested to issue a proclamation, offering such rewards as they may deem necessary for apprehending the perpetrators of the said outrage, in order that they may be brought to punishment, and that this House will provide for the payment of such rewards :


And whereas, It is highly proper that the authors of such high contempts, so inconsistent with the dignity and good order of gov- ernment, and of the most pernicious example, should be immedi- ately discovered and brought to condign punishment: we do there- fore by this our proclamation offer and promise the reward of three hundred dollars, for the discovery of the rioters aforesaid, so that they be duly convicted of the same offence, to be paid out of the public Treasury of this Commonwealth, to the person or persons who shall furnish the necessary information concerning the premises ; and we do hereby charge and require all Judges, Justices, Sheriffs and Constables to make diligent search and inquiry after, and to


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use their utmost endeavors to apprehend and secure the said rioters, their aiders, abettors and comforters, so that they may be dealt with according to law.


Given in Council, under the hand of the President, and the seal of the State, at Philadelphia, this twelfth day of November, in the year of our Lord one thousand seven hundred and eighty- seven.


BENJAMIN FRANKLIN.


Attest-CHARLES BIDDLE, Sec'ry.


GOD SAVE THE COMMONWEALTH.


Pennsylvania ss.


By the President and the Supreme Executive Council of the Com- monwealth of Pennsylvania.


A PROCLAMATION.


WHEREAS, By an inquest held by the Coroner of the city and county of Philadelphia, it appears that Andrew Crusius, a Spanish sailor, was in the night of the twentieth ultimo, at the house of Magaret Bayley, in Southwark, beat and abused in such manner, by a certain Thomas Francis, that after languishing untill the twenty-eighth, he died :


And whereas, It is of the utmost importance that the perpetra- tor of a crime so horrid, should be brought to condign and exem- plary punishment : we have, therefore, thought proper to issue this proclamation, hereby engaging that the public reward of one hundred dollars shall be paid to any person or persons who shall apprehend and secure the said Thomas Francis, to be paid on his conviction for the same : and we do hereby charge and require all Judges, Justices, Sheriffs and Constables to make diligent search, inquiry after, and to use their utmost endeavours to apprehend and secure the said Thomas Francis, so that he may be dealt with according to law.


Given in Council under the hand of the President, and the seal of the State, at Philadelphia, this twelfth day of November, in the year of our Lord one thousand seven hundred and eighty-seven. BENJAMIN FRANKLIN.


Attest .- CHARLES BIDDLE, Secretary.


GOD SAVE THE COMMONWEALTH.


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The Council met.


PHILADELPHIA, Tuesday, November 13th, 1787.


PRESENT :


His Excellency BENJAMIN FRANKLIN, Esquire, President.


The Honorable PETER MUHLENBERG, Esquire, Vice President.


Henry Hill, Christian Kucher,


Evan Evans, John. Smilie,


George Ross,


David Redick,


James Read, John Baird, Esquires.


William Maclay,


Nathan Dennisen,


Robert Traill,


George Woods,


Abraham Smith, Samuel Edie,


The petition of Edward Pickering, convicted of larceny, pray- ing a pardon, was read, and the prayer granted on condition of his leaving the State forthwith, never to return.


An order was drawn upon the Treasurer in favor of John Nich- olson, Esquire, for two hundred pounds, being for one quarter's salary ending the 13th of October last.


The Comptroller General reported a plan of forty city lots situ- ate on the south side of Lombard street, and between sixth and eighth streets, from the river Delaware.


Ordered, That the lots aforesaid be offered for public sale on Wednesday, the twenty-eighth day of this month.


Upon the petition of the parents and friends of Jacob Dryer, now confined in the jail of this city under sentence of death, pray- ing a pardon, and also a respectable recommendation,


Ordered, That the said Jacob Dryer be and he hereby is par- doned.


Council being divided upon the question, "Shall the prayer of the said petition in favor of Jacob Dryer be granted ?" the yeas and nays were called and were as follows, vizt :


YEAS.


Mr. President,


NAYS. Mr. Hill,


Mr. Vice President,


Mr. Maclay,


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Mr. Dean,


Mr. Smith,


Mr. Read, Mr. Ross,


Mr. Redick,


Mr. Evans, Mr. Traill,


Mr. Baird,


Mr. Dennisen,


Mr Kucher,


Mr. Watt.


Mr. Woods,


Mr. Edic.


Mr. Smilie,


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Agreeably to the minute of yesterday, Council procceded to the election of a Health Officer, and the ballots being taken for the sev- eral candidates, it appeared that John Jones, Esquire, was duly elected.


An order was drawn upon the Treasurer in favor of the Honora- ble Samuel Dean, Esquire, for nineteen pounds ten shillings, in full for his attendance in Council until this day, included.


The Council met.


PHILADELPHIA, Wednesday, November 14th, 1787. PRESENT :


His Excellench BENJAMIN FRANKLIN, Esquire, President.


The Honorable PETER MUHLENBERG, Esquire, Vice President.


Samuel Dean, William Maclay,


Nathan Dennisen, John Baird,


Evan Evans,


Frederick Watt,


Robert Traile,


Christian Kucher,


Esquires.


Abraham Smith,


James Read,


George Woods,


Samuel Edie,


George Ross,


David Redick, and


John Smilie, Henry Hill,


Mr. Maclay, Mr. Ross, and Mr. Smilie, the committee appointed to make report to Council some amendment to the resolution of the twelfth day of April last, respecting the annual appointment of certain officers, reported the following resolve, which was adopted ;


Resolved, That within five weeks after the election of President and Vice President, the Council shall annually examine into the conduct of all officers of Government whose appointments are in the power of Council, and likewise make inquiry respecting the circumstances of their respective bail, in order to remove those offi- cers who may appear negligent or unfaithfull in the discharge of their duty, and to remedy any disputes that may appear respecting their sureties ; and that the Secretary of Council he annually ap- pointed, the eighth day after the election of the President and Vice President ; and that the resolution of the twelfth of April last be rescinded.


Council proceeded to the appointment of officers, agreeably to the foregoing resolutions ; and the ballots being taken for a num- ber of candidates, it appeared that the following gentlemen' were duly elected to the offices annexed to their names, respectively, vizt :


John Baynton, to be Collector of Tonnage.


Adam Hubley, to be Auctioneer for the district of Southwark.


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MINUTES OF THE


Christian . Sebiger, Auctioneer for the Northern Liberties. John Patton, to be Auctioneer for the city of Philadelphia. Lewis Farmer, Register for German passengers. John Biddle, Measurer of all kinds of corn and salt. Thomas Pritchett, Inspector of salted provisions. John Helm, Sealer of Measurer ; and


George Ingels, Inspector and Measurer of lumber.


A petition from John Skinner, who had contracted with Council for making good that part of the State road included between the east side of Clark's Gap and the Burnt Cabbins, in Cumberland county, praying to, be allowed a compensation for his additional services, in carrying the said road beyond the limits of his contract, was read, and an order taken that the same be transmitted to the General Assembly.


A petition from said Skinner, addressed to the General Assem- bly, praying an allowance for the depreciation upon the paper money received by him as specie, in part payment upon his con- tract, was also transmitted to the Assembly.


An order was drawn upon the Treasurer in favor of Mrs. Eliza- beth Baxter, for forty-two pounds three shillings and nine pence, due to her for her pension, according to the Comptroller's report of the fourteenth of September last.


An order was drawn upon the Treasurer for fourteen pounds five shillings and ten pence, in favor of Henry Kammerer, for eight reams of writing paper furnished for the use of Council ac- cording to the Comptroller General's report.


The Council met.


PHILADELPHIA, Thursday, November 15th, 1787.


PRESENT : His Excellency BENJAMIN FRANKLIN, Esquire, President. The Honorable PETER MUIILENBERG, Esquire, Vice President.


Samuel Dean, William Maclay,


Nathan Dennisen, John Baird,


Evan Evans,


Frederick Watt,


Robert Traill, Christian Kucher,


Esquires.


Abraham Smith, James Read,


George Woods,


Samuel Edie,


George Ross, David Redick, and


John Smilie, Henry Hill,


On motion,


Ordered, That a pardon issue to Alice Clifton, now under sen- tence of death, for the murder of her infant child.


The 'following gentlemen were appointed Wardens of the port : Joseph Dean, Nathaniel Falconer, Samuel Caldwell, Joseph Ir- vine, Elias Boys, Robert Baisley, Francis Gurney.


ord


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SUPREME EXECUTIVE COUNCIL.


Clement Biddle was re-appointed Marshall of the Admirality.


An order was drawn upon the Treasurer in favor of the Honor- able Nathan Dennison, Esquire, for forty-nine pounds five shillings, in full for his attendance in Council until this day, inclusively, and his mileage.


WHEREAS, it is represented to this Board, that the Indians have recently committed divers depredations on the frontier inhabitants of this State ; therefore


Resolved, That the Lieutenants of the several frontier counties may, from time to time, order into actual service, for the protection of the inhabitants, such part of the militia of their respective counties as may appear to them, or any of them, necessary, not exceeding at any one time the proportion allowed by law.


John Patton, Esquire, Auctioneer for the city of Philadelphia, offered James Craig and John Davis as his sureties, and Adam Hubley, Esquire, offered Adam Hubley, Esquire, of the House of Assembly, and Andrew Bunner, as his securities, as Auctioneer for the district of Southwark.


John Jones, Esquire, was appointed and commissionated a Jus- tice of the Peace and a Justice of the Court of Common Pleas, in and for the county of Montgomery, upon a return made according to law, for the district Upper and Lower Merion in said county.


Mr. Sadler of this city, house carpenter, obtained the permission of Council to use at the new, court house, during the winter season, some old sashes, the property of the public at the State house, he to be accountable for returning them when called for.


On motion,


Resolved, That to-morrow Council will consider whether they will go into the appointment of a Prothonotary of the Court of Common Pleas for the county of Philadelphia.


The Council met.


PHILADELPHIA, Friday, November 16th, 1787. PRESENT : His Excellency BENJAMIN FRANKLIN, Esquire, President.


The Honorable PETER MUHLENBERG, Esquire, Vice President.


Samuel Dean, John Baird.


Evan Evans,


Frederick Watt,


Robert Traill,


Christian Kucher,


Abraham Smith, Samuel Edie,


George Woods,


David Redick,


Esquires.


George Ross,


James Read, and


John Smilie,


Henry Hill,


William Maclay,


The petition of Christiana Schrefler, convicted of keeping a dis- orderly house, was read ;


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MINUTES OF THE


Ordered, That her punishment at hard labour for one year be remitted.


Upon the petition of Henry Schrefler, and recommendation of many respectable inhabitants,


Ordered, That the fine of fifty pounds imposed on him for keep- ing a disorderly house, be reduced to ten pounds.


The consideration of the minute of yesterday, respecting the office of Prothonotary, was postponed until to-morrow.


The Council met.


PHILADELPHIA, Saturday, November 17th, 1787.


PRESENT :


The Hon'ble PETER MUHLENBERG, Esquire, Vice President.


Samuel Dean, William Maclay,


Evan Evans, John Baird,


Robert Traill,


Frederick Watt,


Abraham Smith,


Christian Kucher,


George Woods,


Samuel Edie,


George Ross,


James Read,


John Smilie, David Redick,


1 Esquires.


Richard Parker is appointed Collector of Excise for Franklin county.


Adam Hubley, Andrew Bunner and James Coleman Fisher, were accepted securities for the office of Auctioneer for Southwark.


On motion,


Ordered, That the Comptroller General be directed to comply with the contract entered into with John Skinner, by procu- ring him specie or the value thereof for the amount of the said contract.


James Craig and John Davis were accepted as securities for John Patten, Auctioneer for the city of Philadelphia.


The following orders were drawn upon the Treasurer, vizt :


In favor of the Honorable Henry Hill, Esquire, for twenty-one pounds fifteen shillings, in full for his attendance in Council until the thirty-first of October last, inclusive.


In favor of the Honorable William Maclay, Esquire, for seven- teen pounds five shillings, in full for his attendance in Council untill this day, inclusively.


In favor of the Honorable Robert Traill, Esquire, for twenty- eight pounds ten shillings, in full for his attendance in Council until this day, inclusively, and his mileage.


The petition of Henry Aughlerbaugh of Bucks county, praying Council to remit that part of one hogshead of rum, which belongs


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SUPREME EXECUTIVE COUNCIL.


to the Commonwealth, forfeited by him for not entering with the Collector of Excise the whole number of gallons said hogshead contained, was read, and an order taken that the prayer of the petitioner be granted, Council being of opinion that he did not intend to defraud the State.


Council proceeded to the consideration of the minute of the six- teenth instant, respecting the office of Prothonotary of the Court of Common Pleas in the county of Philadelphia; whereupon a motion was made "That Jonathan Bayard Smith, Esquire, be now removed from the said office;" and the question upon the fore- going being put, vizt :


" Shall Jonathan Bayard Smith, Esquire, be removed from his office of Prothonotary ?" it was determined in the negative.


Zebulon Butler and Abel Pierce, were offered and accepted as sureties for the Sheriffs of the county of Luzerne.


The fine imposed upon William Southern, upon being convicted of keeping a tippling house in the city of Philadelphia, was remit- ted, on condition that he pay his licence fees.


4 The Council met.


PHILADELPHIA, Monday, November 19th, 1787.


PRESENT :


The Hon'ble PETER MUHLENBERG, Esquire, Vice President.


Henry Hill,


David Redick,


Evan Evans,


Samuel Edie,


James Read,


Christian Kucher,


Esquires.


George Ross,


Frederick Watt,


Abraham Smith, John Smilie,


George Woods,


John Baird,


An order was drawn upon the Treasurer in favor of Frederick Sneider, for thirty-six pounds, in full for his extra services for attendance as Doorkeeper upon the donation land lottery, from the first of October, 1786, until the first of October, 1787.


The petition of John Witherspoon, convicted of an assault and battery in the county of York, praying remission of the fine im- posed upon him by the Court of Quarter sessions, for the said of- fence, and to be enlarged from his present confinement, was read, and the prayer thereof granted, he paying his fees.


A petition from sundry inhabitants of the district of the town- ship of Lack, in the county of Cumberland, stating some irregular proceedings at the election of Justices held in said district in March, 1786, and praying some relief in the premises, was read, and an order taken that Alexander Murrey, David McClure, and William


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Bell, Esquires, living near the said district, be authorized to make inquiry into the facts stated in the remonstrance aforesaid, and re- port to Council in manner and form prescribed by an. act of Assem- bly intituled " An Act to remedy the defects of the several acts of Assembly heretofore made for regulating the election of Justices of the Peace throughout the State," &ca.


The fine due to the State imposed upon William Murray, Jun'r, upon his being convicted of an assault and battery in the city of Philadelphia, was remitted.


The report of Willian Clingan, John Culbertson, and Isaac Tay- lor, Esquires, appointed to hear the evidence touching a disputed election of Justices of the Peace for the districts of the townships of Kennett, East and West Marlborough, in the county of Chester, was read and considered, and there appearing to Council sufficient reason for setting aside the said elections, an order was taken that the said election be set aside and made void.


Ordered, That a warrant for holding a new election in said dis- trict for Justices of the Peace, on the tenth day of December next, be now issued under the seal of the State.


Mr. Redick was appointed a member of the Board of Property during the remainder of the present month, in the room of Mr. Maclay, who is gone to visit his family.


The Council met.


PHILADELPHIA, November 20th, 1787, Tuesday.


PRESENT :


The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.


Evan Evans,


David Redick,


James Read,


Christian Kucher,


George Ross, Frederick Watts,.


Esquires.


Samuel Edie, John Smilie,


Abraham Smith, John Baird, and


George Woods,


Henry Hill,


On motion,


Resolved, That to-morrow Council will consider what is to be done respecting the Western road.


William Macoy was appointed in the room of Alexander Mur- rey, to hear the complaints against an election of Justices of the Peace for Lack township, Cumberland county.


On motion,


Resolved, 'That to-morrow be assigned for going into the consid- eration of the petitions from several people in Chester county, charged with divers fines for neglect of militia duty, and that on Friday next Council will take into consideration the proceedings


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SUPREME EXECUTIVE COUNCIL.


327


of the Orphans' Court and Comptroller General's report thereon, in the case of the children of William Shippen, deceased, respect- ing their pension.


The fine imposed upon Peter Blanchard, upon his being convicted of keeping a tipling House in the city of Philadelphia, was remit- ted.


The Council met.


PHILADELPHIA, Wednesday, November 21st, 1787.


PRESENT :


The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.


Evan Evans,


David Redick,


James Read,


Christian Kucher,


George Ross,


Frederick Watt,


Esquires.


Samuel Edie,


John Smilie,


Abraham Smith,


George


John Baird, and Henry Hill,


John Cannon, Esquire, took his seat at this Board agreeably to the return of the general election for the county of Huntington, having previously taken the necessary oaths.


The petition of Thomas Gordon, (attainted of high treason,) stating that the proceedings against him have been erroneous, and praying that process be instituted to try their validity, was read, and the consideration thereof postponed untill Monday next.


The consideration of the Western road, the several petitions from Chester county respecting militia fines, and a similar petition from Cumberland county, was postponed until to-morrow.


The Council met.


PHILADELPHIA, Thursday, November 22d, 1787. PRESENT :


The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.


Evan Evans, John Smilie,


Samuel Dean, John Baird,


James Read, George Ross, Esquires.


Frederick Watt, Abraham Smith, and


Samuel Edie, John Cannon,


The consideration of the order for this day was postponed until to-morrow.


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The fine imposed upon Evan Evans, by the Court of General Quarter Sessions of the Peace of the county of Berks, upon his being convicted of fornication and bastardy, was remitted upon his petition and a recommendation from the said Court.


Council accepted the invitation of the Faculty of the University to attend the commencement to be held this day, and adjourned for that purpose.


The Council met.


PHILADELPHIA, Friday, November 23rd, 1787. PRESENT :


The Honorable PETER MUHLENBERG, Esquire, Vice President.


Evan Evans, George Ross, ₼


James Read, Abraham Smith,


Erederick Watt, John Cannon,


Samuel Edie,


Christian Kucher, and


Esquires.


David Redick, Henry Hill,


George Woods,


Upon the petition of James Irvin, of Cumberland county, pray- ing the remission of a militia fine imposed upon him in the year 1780, and it appearing that it was owing to an accident that he did not join the militia :


Ordered, That the fine be remitted.


Upon the petition of several people in Chester county, praying the remission of their militia fines :


Ordered, That the fines be remitted,.so far as relates to those de- linquents who were in 1777 within the enemies lines, and could not be legally warned.


The following orders were drawn upon the Treasurer, vizt :


In favor of the Honorable William Bingham, Esquire, for sixty- five pounds eleven shillings, in full for his attendance in Congress from the eighteenth of September, until the fourteenth of October, 1787, inclusively, and his mileage.




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