USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XV > Part 27
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The fine of Peter Spene, convicted at the Quarter Sessions for Philadelphia county, the third day of September, 1787, of an assault and battery, was remitted.
At the request of the Convention, Council agreed to attend the Procession to the Court House this day at twelve o'clock, to an- nounce to the people the ratification of the proposed Constitution.
The procession was as follows, vizt :
ORDER OF PROCESSION,
To be observed on Thursday, December the thirteenth, 1787, at twelve o'clock, upon announcing to the public the ratification of the Federal Constitution by this State.
Constables with their staves.
Sub-Sheriffs with their wands.
High Sheriff and Coroner with their wands.
Judges of the Supreme Court, and Judges of the High Court of Errors and Appeals.
Attorney General and Prothonotary of the Supreme Court. Marshal of the Admiralty.
Judge and Register of the Admiralty.
Wardens of the port of Philadelphia.
Naval Oficer, Collector of the Customs, and Tonnage Officer. Treasurer and Comptroller General.
Secretary of the Land Office.
Receiver General and Surveyor General. Justices of the Peace.
Prothonotary of the Court of Common Pleas, and Clerk of the Court of Quarter Sessions.
Clerk of the City Court.
Master of the Rolls and Register of Wills
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SUPREME EXECUTIVE COUNCIL.
Assistant Secretary of the Council.
Secretary of the Council. His Excellency the President, and Honorable the Vice President.
Members of the Council, two and two.
Door-keeper of the Council.
Messenger of the Convention.
Secretary. of the Convention.
Honorable the President of the Convention.
Members of the Convention, two and two.
Door-keeper of the Convention.
Delegates of Congress.
Provost and Faculty of the University.
Officers of the Militia.
Citizens.
The following orders were drawn upon the 'Treasurer, vizt:
In favor of the Honorable William Irvine and James R. Reed, Esquires, for the sum of seventy pounds to each, in part of their pay as Delegates from this State to Congress, for which several sums they are to be. accountable.
In favor of the Honorable Peter Muhlenberg, Esquire, for one hundred and twenty-five pounds, being one quarter's salary as Vice President of the State, for which sum he is to account.
In favor of the Honorable Samuel Edie, Esquire, for forty-three pounds ten shillings, in full for his attendance in Council from the twenty-fifth day of October untill the thirteenth day of De- cember, 1787, inclusively, and his mileage.
The Council met.
PHILADELPHIA, Friday, December 14th, 1787. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Edie, James Read,
Abraham Smith, Christian Kucher, Esquires.
John Cannon, John Smilie,
Frederick Watt,
George Ross,
The Attorney General made report upon the case of the Sur- veyors of Donation Lands, respecting payment of the fees upon the lots remaining in the lottery wheels.
Upon consideration,
Ordered, That the Comptroller General be directed to settle with the said Surveyors for the lots so remaining in the weel un- drawn.
The Vice President attended the Board of Property,
e
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The Council met.
PHILADELPHIA, Saturday, December 15th, 1787. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Edie Christian Kucher,
Abraham Smith, George Ross,
John Cannon,
John Smilie, and
Frederick Watt,
John Baird,
James Read,
2 Esquires.
Jacob Wink and William Alexander, who attended Council as witnesses in the contested election of Bedford county, were ordered a certificate of their being allowed twelve days for their attendance as witnesses upon the business aforesaid.
An order was drawn upon the Treasurer in favor of William Elliott, for eleven pounds seven shillings and eight pence, in full for his attendance as a member of the Conferrence of Committees for Cumberland county in 1776, according to the Comptroller Gene- ral's report.
The Council met.
PHILADELPHIA, Monday, December 17th, 1787. PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President. The Honorable PETER MUHLENBERG, Esquire, Vice President.
Henry Hill, Samuel Edie,
Samuel Dean, John Cannon,
James Read, Abraham Smith,
George Ross,
John Baird,
Esquires.
Christian Kucher,
John Smilie,
Frederick Watt,
The further consideration of the several memorials of Richard Wells and Company, respecting the ship Anna, was postponed untill to-morrow.
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable Francis Hopkinson, Esquire, for seventy five pounds, being one quarter's salary as Judge of the Court of Admiralty, ending the thirteenth instant, according to the late act of Assembly.
In favor of Mr. Robert Aitken, for eighty-five pounds ten shil- lings and one pence, in full for printing and stationary for the Comptroller's Office until the fifteenth instant.
W
P P p p WE tp
0 h d e
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Tuesday, December 18th, 1787.
PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President. The Honorable PETER MUHLENBERG, Esquire, Vice President.
Samuel Dean, John Baird,
George Ross, John Smilie,
Christian Kucher,
Henry Hill,
Esq'rs.
Frederick Watt,
James Reed,
John Cannon,
Samuel Edie,
Abraham Smith,
The petition of Francis Pendrick, convicted at a Court of Quar- ter Sessions held for the city and county of Philadelphia for June, 1787, and the recommendation from the Commissioners, was read. Ordered, That the fine and servitude of eighteen months be re- mitted.
Council resumed the consideration of the return and survey of the proposed .road from Frankstown Branch of Juniata, to the Conemaugh, at the mouth of the Blacklick, and thence down the south side of said river to the mouth of Loyal Hannon, made by Charles Campbell, James Harris and Solomon Adams, Commis- sioners appointed for that purpose, as follows, vizt :- Beginning at a button wood tree on William Holliday's land, on the bank of the Frankstown Branch of Juniata; thence south fifty-seven de- grees, west one hundred and two perches, south eighty-three degrees, west one hundred and ten perches, south seventy-six and a half de- grees, west seven hundred and seven perches, south eighty-two de- grees, west one hundred and thirty-six perches, north seventy-seven degrees, west two hundred and six perches, north fifty-five degrees, west sixty-eight perches, west twenty-two perches, north sixty degrees, west five hundred and forty-two perches, north eighty degrees, west one hundred and eighty perches, north thirty degrees, west three hundred and twenty perches, north seventy degrees, west two hun- dred and ten perches, north fifty degrees, west sixty perches, south eighty-two degrees, west one hundred perches, north fifty degrees, west one hundred and eighty perches, north twenty-three degrees, west forty perches, north seventy-seven degrees, west forty-four perches, south seventy-four degrees, west one hundred and forty perches, north forty-five degrees, west one hundred and fifty-two - perches, south eighty-seven degrees, west one hundred and forty- perches, south eighty degrees, west two hundred and ninety perches, west twenty perches, north seventy degrees, west five hundred and twelve perches, west forty perches, south sixty-two degrees, west
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one hundred and fifty-eight perches, south eighty-eight degrees, west eighty-six perches, south fifty-eight degrees, west sixty-two perches, south thirty-two degrees, west ninety-six perches, south one hundred and twenty perches, south thirty eight degrees, west ninety perches, south twenty-five degrees, west forty perches, south ten degrees, west one hundred and fourteen perches, north seventy- four degrees, west forty-eight perches to a branch of Conemaugh ; thence south sixty-five degrees, west forty two perches, north eigh- ty-five degrees, west one hundred and forty perches, south seventy- five degrees, west six hundred and twenty perches, west five hun- dred and fifty perches, north sixty five degrees, west three hundred and eighty perches, north fifty-eight degrees and a half, west six hundred and seventy five perches, west six hundred perches to the summit of Laurel Hill; thence south thirty-four degrees, west three hundred and forty perches, south forty-eight degrees, west one hundred and sixty perches, north seventy-five degrees, west forty perches, north fifty-nine degrees, west two hundred and twen- ty-four, north thirty-two degrees, west thirty perches, north sixty- three degrees, west one hundred and ninety-one perches, south eighty-one degrees, west two hundred and eighty-six perches, north sixty degrees, west one hundred and fifty-six perches, north seventy- two degrees, west ninety-four perches, north thirty-seven degrees, west eighty-nine perches, north eighty-five degrees, west one hun- dred and thirty-two perches, north sixty-three degrees, west one hundred and sixty-six perches, south eighty-four degrees, west five hundred and eighteen perches, west fifty-two perches, south eighty- two degrees, west three hundred and forty-six perches, north eighty degrees, west one hundred and eighteen perches, south seventy degrees, west ninety three perches, north seventy-two degrees, west three hundred perches, south eighty-five degrees, west two hundred and thirty perches, south fifty-eight degrees, westforty-six perches, south seventy-five degrees, west ninety two perches, south eighty- eight degrees, west three hundred and forty-four perches, south eighty-two degrees, west one hundred and sixty-eight perches, south seventy-two degrees, west two hundred and twenty-three perches, south fifty-eight degrees, west eighty perches to the Round top ; thence north sixty-eight degrees, west three hundred and eight perches, north seventy-five degrees, west one hundred and fifty perches, south seventy-seven degrees, west forty-four perches, north seventy-one degrees, west eighty perches, south eighty degrees, west two hundred and twenty-eight perches, south sixty-six degrees, west two hundred and sixty perches, north seventy-eight degrees, west two hundred and forty-eight perches to a white-oak standing on the bank of the river Conemaugh, about twenty perches above the mouth of Black Lick creek; thence across the river Cone- maugh south eighty-eight degrees, west one hundred and fifty-two perches, north eighty four degrees, west seventy-four perches, south seventy-five degrees, west one hundred and four perches, west one
355
SUPREME EXECUTIVE COUNCIL.
hundred and forty-four perches, south sixty degrees, west eighty perches, south eighty-seven degrees, west sixty-six perches, north fifty-nine degrees, west twenty-two perches, south twenty-two de- grees, west sixteen perches, west twenty-eight perches, south forty- three degrees, west fifty-two perches, south eighty-three degrees, west fifty-two perches, north fifty-nine degrees, west eighty perches, north seventy-seven degrees, west fifty-four perches, south thirty- six degrees, west forty perches, south eighty-eight degrees, west twenty-cight perches, north sixty three degrees, west thirty-eight perches, north thirty degrees, west twenty-eight perches, north sixty-eight degrees, west forty-two perches, north forty-four degrees, west ninety-five perches, south seventy-nine degrees, west one hun- dred and four perches, south fifty-nine degrees, west seventy-four perches, south eighty-eight degrees, west forty-six perches, north sixty-nine degrees, west eighty-six perches, west twenty-two perches, south forty-nine degrees, west seventy-six 'perches, south eighty degrees, west sixteen perches, north twenty-six degrees, west seven- ty-six perches, north fifty degrees, west sixty perches, north eighty- six degrees, west thirty perches, north eighteen degrees, west eighty-six perches, norty forty-eight degrees, west four hundred and twenty-four perches, north twenty-two degrees, west eighty six perches, north sixty-two degrees, west eighty-two perches, north thirty-one degrees, west twenty perches, north ten degrees, west one hundred and thirty-eight perches, north forty-four degrees, west eighty perches, north thirty-two degrees, west forty-four perches to a Locust tree.
The following are the distances from Frankstown Branch Juni- ata, by the aforesaid highway, vizt: To the top of Allegany mountain nine miles, to a branch of Conemaugh seven miles, to the top of Laurel Hill ten miles, to the Round Top thirteen and a half miles, to the mouth of Blacklic Creek four miles, to the mouth of Loyal Hannon eight miles and three-quarters, making in the whole fifty-two and one-quarter miles.
Whereupon the board were of opinion that the same ought to be confirmed, and the said road is accordingly adjudged to be for- ever a public road or highway, and that it be opened of the breadth of fifty feet, where it requires digging it is to be only twelve feet, and to be recorded in the Council books, as the law directs.
Ordered. That advertisements be published in the Philadelphia, Carlisle and Pittsburgh newspapers for any person or persons will- ing to contract for making the said road, to send in their proposals . to Council on or before the first day of April next.
The further consideration of the memorials of Richard Wells and Company, was postponed till to- morrow.
An order was drawn upon the Treasurer in favor of Stephen Balliet, Esquire, for fifteen pounds ten shillings, ballance due full of his account for his services as a Commissioner for ascertaining and settling the claims of Connecticut people seated at and near Wioming.
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The Council met.
PHILADELPHIA, Wednesday, December 19th, 1787. PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President.
The Honorable PETER MUHLENBERG, Esquire, Vice President.
Samuel Dean, Abraham Smith,
George Ross, . John Baird,
Christian Kucher, John Smilie,
Frederick Watt,
Henry Hill, and
¿Esquires.
John Cannon, James Read,
The petition of Thomas McIntire, now confined in the jail of the county of Philadelphia, praying remission of a fine of fifty pounds imposed upon him by the Court of General Quarter Sessions of the said county, upon being convicted of an assault and battery-was read, and the prayer of the petitioner be granted. .
The following orders were drawn upon the Treasurer, vizt .:
In favor of Doctor James Hutchinson, for sixty-three pounds six shillings, in full of his account for medicine and attendance upon the Pennsylvania Guards, from April, 1786, untill December Ist, 1787, according to the Comptroller General's Report.
In favor of Colonel Andrew Porter, for three hundred and fifty pounds ten shillings and ten ponce ; and in favor of Andrew Elli- cott, Esquire, for three hundred and twenty-seven pounds five shil- lings and three pence, being the several balances due upon their accounts for their services as Commissioners appointed to run and mark the northern boundary of this State, and for their travelling expences, according to the Comptroller General's Report.
In favor of Griffith Evans, for forty-two pounds nineteen shil- lings and ten pence, ballance due upon his account as clerk to the Commissioners for ascertaining and confirming to Connecticut claim- ants the lands by them claimed in the county of Luzerne, from July the first, till October the seventh, 1787, and for stationary furnished by him.
The further consideration of the memorials from Richard Wells and Company, respecting the ship Anna-was postponed untill Fri- day next.
On consideration of Major Armstrong's application respecting payment to the labouring people employed on the northern bound- ary, it was agreed to enable Major Armstrong to comply with his contract.
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SUPREME EXECUTIVE COUNCIL
The Council met.
PHILADELPHIA, Thursday, December 20th, 1787.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice President.
Samuel Dean, Abraham Smith, ?
George Ross, John Baird,
Christian Kucher, John Smilie, and
Frederick Watt,
James Read,
Esq'rs.
John Cannon,
Council resumed the consideration of the petition of Isaac Tay- lor, (attainted of high treason,) praying a pardon of the said offence.
Ordered, That a pardon under the Great Seal issue to the said Isaac Taylor.
The petition of George Watt, convicted at the City Court, the twenty-third of April, 1787, of larceny, and sentenced to a fine of nine shillings and a servitude of one year-was read and the fine and servitude remitted.
The Comptroller General's Report upon the account of Briga- dier General Richard Humpton, for monies received by him from Daniel Lovan, Treasurer of Berks county, for the recruiting service 1782-was read and approved.
The petition of Philip Cook, convicted at the City Court, July sessions, 1787, of larceny, and sentenced to undergo a servitude of two years-was read, and the servitude remitted.
Jacob Sunkles, convicted at a Court of Oyer and Terminer, held at Philadelphia, the seventeenth day of September, 1787, of a mis- demeanor, and servitude to hard labour-petition was read and the servitude at hard labour remitted.
The petition of Joseph Perkins was read, and he being recom- mended as a proper person to repair the public arms in the city and county of Philadelphia,
Ordered, That the Lieutenant of the city and the Lieutenant of the county of Philadelphia be directed to employ the said Joseph Perkins for the purpose aforesaid.
The following orders were drawn upon the Treasurer, vizt .:
In favor of the Honorable Christopher Kucher, for forty-four pounds thirteen shillings, in full for hisattendance in Council, from the twenty-ninth of October, untill the twenty-second of December, 1787, and his mileage.
In favor of Elizabeth Leiby, of Northampton county, for twen- ty-two pounds ten shillings, in full of her account for medicine, attendance, and boarding wounded militia and new levies belonging to this State, in 1778, according to the Comptroller General's report.
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In favor of the widow and children of Michael Lepley, deceased, late of the Northumberland county militia, for fifty-one pounds twelve shillings and five pence, being their pension from the twenty- sixth of April, 1779, until the fifth of September, 1786.
The Council met.
PHILADELPHIA, Friday, December 21st, 1787. PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President.
The Honorable PETER MUHLENBERG, Esquire, Vice President.
Samuel Dean, Abraham Smith,
George Ross,
John Baird
Christian Kucher,
John Smilie, Esquires.
Frederick Watt,
James Read,
John Cannon,
. Henry Hill,
The petition of Edward Pole, praying to be appointed a Notary and Tabellion public, was read :
He
Ordered, That the prayer of the said petition be granted. was commissionated accordingly.
The following orders were drawn upon the Treasurer :
In favor of the Honorable John Baird, Esquire, for twelve pounds, ballance due upon his account for his attendance in Council from the tenth day of November untill the twenty-first of Decem- ber, 1787, the last day inclusively.
In favor of the Honorable Jacob Rush, 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 eighteenth instant.
In favor of Alexander McDowell, Esquire, for one hundred and three pounds ten shillings, being the residue of the surveying fees of the donation lands undrawn in his district, No. 8, according to the Comptroller General's report.
The Council met.
PHILADELPHIA, Saturday, December 22nd, 1787.
PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President.
. The Honorable PETER MUHLENBERG, Esquire, Vice President.
«Samuel Dean, Abraham Smith, ?
George Ross, John Baird,
· Frederick Watt,
Christian: Kucher, .John Smilie, Esquires. James Read, John Cannon, Henry Hill,
An order was drawn upon the Treasurer in favor of Griffith Evans, for two hundred and seventeen pounds, being the residue
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SUPREME EXECUTIVE COUNCIL.
of the surveying fees of the donation lots, undrawn in his dis- tricts, No. 3, and part of No. 1 and 2, according to the Comp- troller General's report.
WHEREAS, Divers inhabitants of the county of Bedford, have prayed that the State highway appointed by Act of Assembly of the twenty-fifth of September, 1785, may be confirmed and made good :
And whereas, The money appropriated by the said Act of As- sembly, is insufficient for making the said road sixty feet wide, as the law directs, and Council being desirous of complying with the said request as far as the money appropriated will admit ; There- fore.
Ordered, That such part of the said road as leads from this side of Sideling Hill to the opposite side of Rayshill, in the county of Bedford, be cleared and made good and sufficient to be twelve feet wide on the sides of the hills or among the rocks, and not less than twenty feet wide on the other ground, and room to be made for not less than three waggons to draw off to the one side in the narrow places, at a convenient distance for others to pass by, and the waters to run next to the hills side.
Ordered, That public notice be given that proposals for doing the aforesaid work, will be received at the Secretary's office at Phil- adelphia, untill the first day of April, next.
John Pearson, Esquire, was appointed and commissionated a Jus- tice of the Peace in and for the county of Chester, upon a return made according to law, for the district composed of the townships of Darby, Upper Darby, Haverford, and Radnor.
Mr. Pearson was also appointed and commissionated a Justice of the Court of Common Pleas, in and for the county of Chester.
Council resumed the consideration of the petition of Richard Wells and John Clifford, stating " that they have been severe suf- ferers by the'condemnation of the ship Anna, and praying that the part of the forfeiture which is now in the power of Council to grant may be assigned to them ;" and after some time spent there- on, the following question was put, vizt: " Will the Board grant to the late owners of the ship Anna, all that part or share forfeited to the State, which it may appear the State hath now right to grant ?" and determined iu the negative.
Upon which the yeas and nays were called, and were as follows :
YEAS :
NAYS ..
NAYS :
The Vice President,
Mr. Smith, Mr. Cannon.
The President,
Mr. Hill,
Mr. Read,
Mr. Dean,
Mr. Watt,
Mr. Kucher,
Mr. Baird,
Mr. Ross.
Mr. Smilie.
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The Council met.
PHILADELPHIA, Thursday, December 27th, 1787.
PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President.
The Honorable PETER MUHLENBERG, Esquire, Vice President.
Samuel Dean, John Smilie, Abraham Smith,
Frederick Watt, -
George Ross, John Cannon,
Esquires.
Council took into consideration the case of Thomas Wigley, now confined at hard labour in this city ; and thereupon,
Resolved, That 'Thomas Wigley be informed that Council will pardon him, whenever he can procure a vessel, and will engage to transport himself therein beyond the seas, and will not return to, the United States.
The Council met.
PHILADELPHIA, Thursday, December 27th, 1787. .
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi -- dent.
Samuel Dean, Frederick Watt, Abraham Smith, and
Henry Hill,
George Ross, John Cannon,
James Read,
The following orders were drawn upon the Treasurer, vizt :
Esquires.
In favor of the Honorable Thomas Mckean, Esquire, for two hundred and fifty pounds, and in favor of the Honorable George Bryan, Esquire, for one hundred and fifty pounds, in full for their salaries as Judges of the Supreme Court, for one quarter's, ending the twenty-fifth instant, according to the Comptroller General's report.
In favor of the Honorable Abraham Smith, Esquire, for fifty- nine pounds, in full for his attendance in Council from the twenty- fourth of October till the thirty-first of December, 1787, inclusively, and his mileage ..
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Saturday, December 29th, 1787.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Dean,
John Smilie,
George Ross, Nathan Dennisen,
Esquires.
James Read, John Cannon,
Abraham Smith, Frederick Watt,
An order was drawn upon the Treasurer in favor of the Honor- able John Smilie, Esquire, for one hundred and forty-seven pounds fifteen shillings, in full for his attendance in Council from the twelfth of June untill the thirty first of December, 1787, inclu- sively, deducting twenty-six days attendance in the State Conven- tion, and his mileage.
Upon the petition of William Fieldin, convicted of larceny, and now confined at hard labour in this city, praying a pardon,
Ordered, That, his fine, and punishment at hard labour, be re- mitted.
The Honorable Mr. Dennisen presented to Council several papers containing intelligence received from the county of Luzerne, which were read, and the consideration thereof postponed untill Monday next.
The Council met.
PHILADELPHIA, Monday, December the 31st, 1787. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Dean, Frederick Watt, ? Esquires.
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