USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XV > Part 26
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A letter from Nathaniel Falconer, Esquire, requesting leave to resign his office of Warden of the Port of Philadelphia, was read and his resignation accepted, Whereupon Council proceeded to fill up the vacancy occasioned by the said resignation, and the ballots being taken it appeared that James Montgomery, Esquire, was du- ly elected.
A petition of Robert Chalpant of Chester county, was read and postponed until Monday.
The further consideration of the case of the children of William Shippen, deceased, was postponed until Monday.
The Council met.
PHILADELPHIA, Monday, November 26th, 1787. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Evan Evans, David Redick,
George Ross,
John Cannon,
Samuel Edie,
Frederick Watt,
Esquires.
Abraham Smith,
John Smilie, and
James Read,
Samuel Dean,
George Woods,
2
On consideration,
Resolved, That Lieutenant Joseph Ashton be promoted to a Captaincy in Colonel Harman's regiment, vice Captain Finney, resigned, and that the senior Ensign in the Pennsylvania quota, be promoted to the Lieutenancy vacated by the promotion of Lieute- nant Ashton.
VOL. XV .- 22.
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Resolved, That Robert Thompson, (son of the late General Thompson,) be appointed an Ensign in the troops now under the command of Lieutenant Colonel Harmer.
On motion,
Resolved, That the Surveyor General be desired to inform Council whether he claims any fees from his deputies for surveys made since he became a salary officer,
Council resumed the consideration of the petition of Thomas Gordon, (attainted of high treason,) stating that he was under lawful age at the time of his attainder, and that therefore the pro- ceedings against him have been erroneous, and praying Council to direct the Attorney General to file a suggestion in the Supreme Court against him, to determine the validity of the said proceedings. Sundry depositions and papers accompanying the said petition being also considered ; thereupon,
Resolved, That the prayer of the petitioner be granted.
The Council met.
PHILADELPHIA, Tuesday, November 27th, 1787.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Edie,
Samuel Dean,
Abraham Smith,
Christian Kucher,
George Woods, James Read,
David Redick,
George Ross, and-
Esquires.
John Cannon,
Henry Hill,
Frederick Watt,
A letter from Francis Gurney, requesting leave to resign his office of Warden of the Port of Philadelphia, was read, and his resignation accepted.
On motion,
Resolved, That to-morrow Council will appoint a Warden of the Port of Philadelphia, in the room of Francis Gurney.
Complaint having been made that some of the Prothonotarys do not live in a convenient part of the county,
Resolved, That it is expected by Council the Prothonotary should hold his office in the town or place where the seat of justice is established by law.
Ordered, That the Comptroller General be requested to furnish Council with an account of all the public arms delivered to the Lieutenants of the city of Philadelphia, and the Lieutenants of all the counties in the State.
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SUPREME EXECUTIVE COUNCIL.
On motion,
Ordered, That a pardon issue to Sarah Williams, now under sentence of death for the murder of her infant child.
The following orders were drawn upon the Treasurer, vizt :
In favor of Captain Joseph Stiles, Commissary of Military Stores, for ninety-seven pounds seventeen shillings and four pence, amount of his account for ammunition purchased and sent to the Lieutenant of the Western frontiers, agreeable to an order of Council of the twelfth instant. ₾
In favor of the widow and children of Henry McCracken, late of Northumberland county, deceased, for fifty-one pounds seventeen shillings, for their pension from the twenty-fourth of September, 1780, until the twenty-eighth of June, 1786, according to the Comptroller General's report.
The Council met.
PHILADELPHIA, Wednesday, November 28th, 1787.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Edie, James Read,
Abraham Smith,
George Ross,
George Woods,
Samuel Dean,
David Redick,
John Smilie,
Esquires.
John Cannon,
Henry Hill, and
Frederick Watt,
Evan Evans,
Christian Kucher,
Council proceeded to the appointment of a Warden of the Port, in the room of Francis Gurney, when William Allibone was appointed.
A resolution of the House, communicating the appointment of the Honorable William Irvine, Samuel Meredith, John Armstrong, Junior, William Bingham, and James R. Reed, delegates to Con- gress for the present federal year, was read, and the gentlemen elected commissionated.
The Honorable Abraham Smith, Esquire, having requested leave to resign his commission of Lieutenant of the county of Franklin, his resignation was accepted.
The Honorable George Woods, Esquire, requested leave to resign his commission of Lieutenant of Bedford county,. and his resignation was accepted.
On motion,
Resolved, That Friday next be the order of the day to appoint Lieutenants for the counties of Bedford and Franklin.
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The petition of John Mines, and recommendation of the jury and others, was read, and his fine and punishment at hard labour, was remitted.
An order was drawn upon the Treasurer in favor of the Honor- able David Redick, Esquire, for one hundred pounds, for defraying the expence of laying out a town, &ca., on the reserved tract oppo- site Pittsburgh, for which sum he is to be accountable.
Ordered, That Mr. Redick be directed to have the island in the Ohio river, marked in the plan to be two hundred and eighty perches long, and the island in the Allegany, mentioned to be two hundred and fifty perches long, surveyed, and a return made to Council, in order to have them sold.
Benjamin Rush, and James Hutchinson, Esquires, were con- tinued Physicians to examine the sick arriving at this Port.
Andrew Porter, and Andrew Elliott, Esquires, Commissioners from the State of Pennsylvania, and Abraham Hardenberg, and William W. Morris, Esquires, Commissioners from the State of New York, made report in writing, of their having compleated the boundary line between the said States, in the parallel of forty-two degrees of north latitude, beginning at the river Delaware, and extending to a meridian line drawn from the south-west corner of Pennsylvania, which was read, and ordered to be filed.
The Council met.
PHILADELPHIA, Thursday, November 29th, 1787.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice President.
Samuel Dean, John Cannon, 7
Evan Evans,
Frederick Watt,
George Ross,
John Smilie,
Christian Kucher,
John Baird,
Esq'rs.
Abraham Smith,
Samuel Edie, and
James Read,
David Redick,
George Woods,
Council adjourned to attend the exercises in speaking to be per- formed at Zion Church, at nine o'clock this morning, agreeably to an invitation from the Minister and Vestry of that Church.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Friday, November 30th, 1787.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice President.
Samuel Edie, George Ross,
Abraham Smith,
Henry Hill,
George Woods,
Evan Evans,
Esquires.
David Redick,
James Read,
John Cannon,
Christian Kucher,
Frederick Watt, Samuel Dean,
Agreeably to the order of the day, Council proceeded to the appointment of a Lieutenant for the counties of Bedford, when Hugh Barclay, Esquire, was appointed.
The appointment of a Lieutenant for Franklin, was postponed until to-morrow.
The Committee appointed to draw up rules and regulations for conducting business in Council, made report of certain rules, which were read and adopted as follows, vizt :
Rules and Regulations for the Supreme Executive Council.
Ist. When the President or Vice President assumes the Chair, the members shall take their seats.
2nd. The minutes of the preceding day shall be read by the Secretary or Assistant Secretary, before the Council proceeds to any other business. Errors or may be corrected, but no debate shall be admitted, nor question taken at such reading respecting the determination of the former day.
3rd. Any member presenting a petition, memorial, or other pa- pers, shall first mention the general import of the same.
4th. Every motion made and seconded, shall be reduced in writing if requested by the President, Vice President, or two members.
5th. All petitions, memorials, or other papers, shall be subject to no other questions on the first reading, save that of their lying on the table, but may be taken up by special order in case of haste or emergency.
6th. Any member presenting any paper, offering any motion, to have liberty to withdraw the same with pleasure.
7th. Business regularly before Council not to be delayed, but, nevertheless, subject to a reasonable debate, postponement, com- mitment, amendment, or the previous questions, which last, if called for by three members, precludes any other proceeding.
8th. If business of different kinds, should be called for at the same time by different members, the President or Vice President who fills the Chair at the time, shall judge and give preference accordingly.
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9th. In all debates the members shall address the Chair, and conduct themselves with decency. No member shall be interrupted while speaking, nor shall be speak more than twice on the same subject, without leave obtained from the Chair.
10th. The President or Vice President who shall fill the Chair for the time being, shall be judge of all questions of order, and may call the transgressing members to order as often as they in- fringe the aforesaid rules. But any member is allowed to explain himself, and on being seconded, shall be entitled to the decision of Council.
11th. The most inviolable secresy to be observed, as often as the same is enjoined from the Chair.
Council Chamber.
PHILADELPHIA, Saturday, December 1st, 1787.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice President.
Samuel Edie, Henry Hill,
Abraham Smith,
Evan Evans,
George Woods,
James Read,
David Redick,
Christian Kucher, SEsquires.
John Cannon,
John Smilie,
Frederick Watts,
John Baird, and
George Ross, Samuel Dean,
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable Frederick Watt, Esquire, for twenty- seven pounds, in full for his attendance in Council to this day, in- clusively.
In favor of the Honorable Evan Evans, Esquire, for thirty-two pounds five shillings, in full for his attendance in Conncil untill Monday next, and his mileage.
In favor of the Honorable George Woods, Esquire, for thirty- two pounds, for his attendance as Councillor elect from Bedford county, from the first untill the twenty-eight of February, 1787, and for his mileage.
Upon the petition of William Alexander, merchant, of Virginia, setting forth that two cases of merchandize were by mistake for two cases of bottled viniger, shiped from Virginia to Mr. Robert Morris,
Ordered, That Sharp Delany, Esquire, be notified that he has permission to cancel Mr. Robert Morris' bond given for the pay- ment of the duties on the two cases of merchandize mentioned in the said petition, and to send, by the best conveyance, the goods to Mr. Alexander, the petitioner.
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SUPREME EXECUTIVE COUNCIL.
Agreeable to the order of the day, Council proceeded to the elec- tion of a Lieutenant for Franklin county ; when Jeremiah Talbot was duly elected.
The Council met.
PHILADELPHIA, Monday, December 3d, 1787. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Edie, George Ross, ?
Abraham Smith, James Read, 1 Esquires.
David Redick, Christian Kucher,
John Cannon,
John Smilie,
Frederick Watt,
Samuel Dean,
The following orders were drawn upon the Treasurer, vizt : In favor of the Honorable David Redick, Esquire, for forty five pounds, in full for his attendance in Council to this day, inclusively. In favor of the guardian of the children of Captain William Shippen, deceased, for the sum of one hundred pounds, in part of the pension due to them.
The Council met.
PHILADELPHIA, Tuesday, December 4th, 1787. PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President. The Honorable PETER MUHLENBERG, Esquire, Vice President.
Samuel Edie, Frederick Watt,
Abraham Smith, George Ross,
George Woods, James Read, Esquires.
David Redick, Christian Kucher, and
John Cannon,
Samuel Dean, 7 On motion,
Resolved, That the Lieutenants of the city and several counties within the State, be directed to collect all the public arms within their respective counties, have them repaired, and make return to Council, with the accounts and vouchers necessary, for payment.
The Surveyor General, in answer to the resolve of the twenty- sixth ultimo, having informed Council that he had received some fees from the Deputy Surveyors, and wishing to have the direc- tions of Council whether he should continue to receive them, and their advice about the appointment of Deputy Surveyors.
Resolved, That the Surveyor General be informed that it is the opinion of Council that the fees he mentions to have been custo-
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MINUTES OF THE
mary, was proper previous to his being otherwise paid for his ser- vices, but he ought not to exact any from the Deputy Surveyors since the time of his becoming a salary officer, and that he should instruct his deputies accordingly.
It is also the opinion of Council that, agreeable to the late law, no Deputy Surveyor ought to hold districts in different counties at the same time, and that all Deputies, whether appointed before or after the late law, except to take the oath of office, agreeably to said law.
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable Samuel Dean, Esquire, for fifteen pounds fifteen shillings, in full for his attendance in Council until this day, inclusively.
In favor of Joseph Dolby, for six pounds, in full for ringing the bells upon the proclamation of the President and Vice President, according to the Comptroller General's report.
In favor of Frederick Sneider, for seven pounds nine shillings, ballance due upon his account for purchasing fire wood, and for his wages as Door-keeper to Council, for November, 1787.
In favor of Doctor Andrew Ledlie, for three pounds one shilling and nine pence, in full of his account for medicines, dressings, and attendance upon sundry wounded militia sent to Wioming in the year 1784.
A petition from Richard Wells and John Clifford, praying Coun- cil to assign to them that part of the forfeiture of the ship Anna which belongs to the Commonwealth, was read, and the considera- tion thereof postponed until Thursday next.
The fine and punishment at hard labor to which Joshua Hatfield was sentenced by the Court of General Quarter Sessions of the Peace of the county of Philadelphia, was remitted upon his peti- tion and recommendation of him by the Street Commissioners and others.
The Council met.
PHILADELPHIA, Wednesday, December 5th, 1787. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Edie,
Samuel Dean,
Abraham Smith,
John Smilie,
George Woods,
John Baird,
Esquires.
Jonn Cannon,
George Ross,
Frederick Watt,
James Read, Henry Hill,
Christian Kucher,
Upon the petition of Charles Hall, in favor of his son, Stephen Hall, convicted at the Court of Quarter Sessions for Lancaster county, of horse stealing,
345
SUPREME EXECUTIVE COUNCIL.
Ordered, That the fine and punishment of the said Stephen Hall to hard labour, be remitted, on condition of his transporting himself out of the State.
Mr. Smith and Mr. Ross, were appointed a committee to examine the accounts of William Turnbull, Esquire.
An order was drawn upon the Treasurer in favor of Mrs. Catharine Thompson, widow and relict of Brigadier William Thompson, for seventy pounds six shillings and three pence, being due to her for pension, from the third day of September, untill the third day of December, 1787, according to the Comptroller General's report, and an act of Assembly dated the first day of March, 1780.
Upon the petition of Thomas Loyd, an order was taken that the Doorkeeper be directed to take, for the use of Council, three copies of the pamphlet published by said Lloyd, entituled "the pro- ceedings and debates of the General Assembly.
The Honorable the Vice President attended the Board of Pro- perty.
The Council met.
PHILADELPHIA, Thursday, December 6th, 1787.
PRESENT :
The Honorable PETER MUHLENBEG, Esquire, Vice Presi- dent.
Samuel Edie, George Ross,
Abraham Smith, James Read,
George Woods, Christian Kucher, Esquires.
John Cannon, Samuel. Dean, and
Frederick Watt, Henry Hill,
The fine of Eleanor Wright, and Mary McConn, convicted at the Quarter Sessions held at Philadelphia the third of September last, was remitted.
The further consideration of the petition of Richard Wells, and John Clifford, was postponed untill to-morrow.
On motion,
Ordered, That the Comptroller General be requested to furnish Council with an account of what money was due the State from the sale of the ship Anne, and the porter seized on board of her.
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable George Woods, Esquire, for thirty- seven pounds fifteen shillings, in full for his attendance in. Council from the first of November last until this day, inclusively, and his mileage.
In favor of the widow of Captain Walker Denny, late of the Cumberland county militia, deceased, for two hundred and twenty- five pounds, out of the money arising from militia fines in said
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MINUTES OF THE
county, being due for her pension, according to an order of Or- phans' Court dated the twentieth of February, 1787, and an act of Assembly passed on the twentieth day of March, 1780.
The Honorable the Vice President attended the Board of Pro- perty.
The Council met.
PHILADELPHIA, Friday, December 7th,. 1787. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Edie,
George Ross,
Abraham Smith,
James Read,
1
George Woods,
Christian Kucher, >Esquires.
John Cannon,
Samuel Dean,
Frederick Watt,
Henry Hill,
On motion,
Ordered, That the Attorney General, the Comptroller General, the Naval Officer, and Mesrs. John Clifford, Richard Wells, and Benjamin G. Eyres, be requested to attend Council to-morrow at ten o'clock.
An order was drawn upon the Treasurer in favor of Solomon Adams, for twenty-five pounds ten shillings, in full of his account for thirty four days' service in laying out the road from Franks- town, in Bedford county, to the Loyal Hannan, in Westmoreland county, under orders from Council dated April the sixth last, and agreeably to the Comptroller General's report.
The petition of Thomas Reynolds, and Richard Skinner, con- victed of larceny in the county of Philadelphia, and sentenced to hard labour under the late penal law, praying a pardon of the said offence, was read, together with a certificate from Doctor Duffield, of their both being severely ruptured ; thereupon,
Ordered, 'That the prayer of the petitioners be granted, on con- dition of their leaving the State not to return.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Saturday, December 8th, 1787.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Edie, George Ross, 2
Abraham Smith, James Read, - Esquires.
George Woods, Christian Kucher, {
John Cannon,
Samuel Dean,
Frederick Watt,
Henry Hill,
John Martin, Esquire, was appointed and commissionated a Jus- tice of the Peace and of the Court of Common Pleas in and for the county of Franklin, upon a return made according to law for the district of Franklin township.
The fines and forfeitures to the Commonwealth, incurred by George McGlaughlin, for neglecting to enter two hogsheads of rum with the Collector of Excise in the county of Lancaster, and by John Brannon, for neglecting to enter in like manner one hogsbead of rum, were remitted upon their several petitions.
The Attorney General and Messrs. Eyres, Phile, and Nicholson, attended agreeably to notice, and furnished Council with some in- formation respecting the sale of the ship Anna.
The further consideration of the petition of Messrs. Wells and Clifford, was postponed untill Monday next.
The Council met.
PHILADELPHIA, Monday, December 10th, 1787. PRESENT : His Excellency BENJAMIN FRANKLIN, Esquire, President. The Honorable PETER MUHLENBERG, Esquire, Vice President.
Samuel Edie, Christian Kucher,"
Abraham Samuel Dean,
John Cannon, Henry Hill,
Frederick Watt,
John Smilie, Esquires.
George Ross, James Read,
John Baird,
The petition of David Richey of Dauphin county, praying the remission of the punishment at hard labor of his Negro slave Bris- tol, convicted at a Court of Oyer and Terminer held at Louisburg, for the county of Dauphin, the twenty-third day of October, 1786, of
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MINUTES OF THE
burglary and sentenced to undergo a servitude of five years, was read, and the servitude of five years at hard labour were remitted.
Complaint being made to Council by Charles Hallsted, Esquire, Swedish Consul, of rude and violent behaviour of two constables, sent to his house by James Loughead,
Ordered, That James Loughead, with the two constables, be directed to attend Council to-morrow at eleven o'clock.
An order was drawn upon the Treasurer in favor of Hans Mor- rison, Esquire, for sixteen pounds twelve shillings and six pence, ballance due to him in specie upon his account as late Sub-Lieu- tenant of York county, from the time of his appointment in April, 1777, untill March, 1780, according to the Comptroller General's report, this sum being paid to him to enable him to procure a sum of State money towards discharging a ballance due by him to the Commonwealth in State money.
The fine of fifteen pounds imposed upon Thomas Bailey of Bucks county, by the Court of General Quarter Sessions of the Peace of the said county, for neglecting to execute the office of Collector of militia fines in the county aforesaid, was remitted, upon a recommendation from the court and in consideration of his extreme poverty.
The further consideration of the petition of Messrs. Wells and Clifford, was postponed untill Wednesday next.
The Council met.
PHILADELPHIA, Thursday, December 11th, 1787.
PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President.
The Honorable PETER MUHLENBERG, Esquire, Vice President.
Samuel Edie, George Ross,
Abraham Smith, James Read,
John Cannon, Christian Kucher,
Esquires.
Frederick Watt,
Samuel Dean,
On motion,
Ordered, That the Sheriff of the city and county of Philadelphia be directed to have the irons taken off of Jacob Dryer, and that thirty days from the time he is taken from jail be allowed him to leave the United States.
James Loughead, Esquire, and the Constables, appeared to an- swer the complaint made by the Swedish Consul; they declared they did not know the house was the Consul's.
Ordered, That Mr. Loughead be requested to write an apology to the Consul for the behaviour of the Constables.
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SUPREME EXECUTIVE COUNCIL.
The Comptroller General reported a plan of city lots, numbered from 2276 to 2315, situate on the south side of Lombard street, between Eleventh and Twelfth streets from Delaware, and between Seventh and Eighth streets from Schuylkill.
Ordered, That the lots aforesaid be offered for public sale on Wednesday the twenty-sixth instant, at six o'clock in the evening, at the Coffee House.
The Comptroller General's report upon the account of Leeson Simmons, for depreciation on money received in May, 1779, was read and approved.
The following orders were drawn upon the Treasurer, vizt :
In favor of Clement Biddle, Esquire, for seventy-eight pounds and seven pence, in full of his account for rations furnished to the Invalid corps from August the first until October the thirty.first, 1787, inclusive, according to the Comptroller General's report.
In favor of John Nicholson, for seventy-five pounds, towards defraying the contingent expences of his office, and for fire wood for the guards, for which sum he is to account.
In favor of William Rees for ten shillings, for work done by him in the State House lot.'
The Council met.
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PHILADELPHIA, Wednesday, 12th, 1787, December. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Edie. Christian Kucher,
Abraham Smith, John Smilie,
John Cannon, John Baird,
Frederick Watt, George Ross, 1 Esquires. James Read,
The further consideration of Messrs. Wells and Clifford's peti- tion was postponed until Monday next.
The Vice President attended the Board of property.
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The Council met.
PHILADELPHIA, Thursday, December 13th, 1787.
PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President. The Honorable PETER MUHLENBERG, Esquire, Vice President.
Samuel Edie, Christian Kucher, ?
Abraham Smith, John Smilie,
John Cannon,
George Ross,
Frederick Watt,
John Baird,
Esquires.
James Read,
The petition of John Rinn, convicted at the Court of Quarter Sessions for Cumberland county of larceny, was read.
Ordered, That the servitude for one year at hard labour, to which he was sentenced, be remitted.
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