Colonial records of Pennsylvania, Vol. XV, Part 29

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


USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XV > Part 29


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In favor of William Spotswood, for twenty-five pounds ten shil- lings, in full of his account for printing work done for Council,


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SUPREME EXECUTIVE COUNCIL.


and for fourteen setts of newspapers furnished, from the nineteenth of November, 1786, untill November the eighteenth, 1787.


A petition from divers merchants of this city, stating that having imported certain goods, and paid the duties thereon, they sold the same to one John McMichen, of the Delaware State, who is insol- vent and hath re-assigned to them the aforesaid goods ; that it is necessary to bring the said goods to this city to be disposed of to the best advantage, and praying that they may not be charged with the duties upon the goods so brought back, and to be free of the commissions of the State, was read, and the prayer of the peti- tioners granted so far as relates to the duties upon the second im- portation, they paying the commissions arising to the State upon the goods if sold at auction.


The Council met.


PHILADELPHIA, Wednesday, January 23d, 1788


PRESENT :


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


Samuel Dean, Christopher Kucher,


Frederick Watt, John Cannon, and Esquires.


James Read, Nathan Dennisen,


The following orders were drawn upon the Treasurer, vizt :


In favor of the Honorable William Augustus Atlee, for one hun- dred and fifty pounds, being one quarter's salary due to him on the twenty-fifth of December, 1787, as one of the Judges of the Su- preme Court, according to the Comptroller General's report.


In favor of Hilary Baker, Esquire, for eleven pounds seventeen shillings, in full of his account for a large ten plate stove for the Council Chamber, and cash paid to Lewis Prahl for making doors thereto, furnishing twenty-nine pounds of pipe, collar screws, rods, foot and knobs.


On motion,


Ordered, That the Doorkeeper be directed to take two copies of the German newspapers printed in this city by Melchior Steiner, on each day of publication.


Upon the application of the Comptroller General, requesting the opinion of Council respecting certain certificates for soldiers' pay taken up and sold by Captain James Christie, which he the Comp- troller General apprehends are escheated to the State,


Resolved, That Mr. Nicholson be directed to retain the order is- sued by Council in favor of Captain Christie, for his services as one of the Surveyors of donation lands, until Captain Christie shall account for such certificates as he drew to which he was not entitled.


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MINUTES OF THE


A return of an election of Justices of the Peace for the district composed of the townships of Colebrookdale, Earl and Oley, in Berks county, being laid before Council, was read, together with a petition from divers freeholders of said district, stating their ob- jections, to wit : That Mathias Richards, the highest upon the re- turn, is not resident in the county, and that some persons voted at said election who do not reside in the district and others not in the county. A certificate from divers other persons, was also read, by which it appears that since the said election Mr. Richards has moved with family into the said district; and it being the opinion of the Attorney General that all persons holding freehold estates within the said district are entitled to vote for Justices, altho' they may reside elsewhere ; thereupon


Resolved, That Matthias Richards, Esquire, be appointed and commissionated a Justice of the Peace and of the Common Pleas for the county of Berks, upon the return made aforesaid.


The Council met.


PHILADELPHIA, Thursday, January 24th, 1788. PRESENT :


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


Samuel Dean,


John Cannon,


Frederick Watt,


Nathan Dennisen,


Esquires.


James Read, Henry Hill, and


Christopher Kucher, William McClay,


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 until this day, inclusively.


Council Chamber.


PHILADELPHIA, Friday, January 25th, 1788.


PRESENT :


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


Samuel Dean, Henry Hill, James Read, Frederick Watts,


William McClay, John Cannon, Nathan Dennisen,


Esquires.


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SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, Saturday, January 26th, 1788.


PRESENT :


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


Samuel Dean, William McClay, ? Esquires.


Henry Hill, John Cannon, and


James Read, Nathan Dennisen,


Frederick Watts,


An order was drawn upon the Treasurer in favor of the Honor- able John Cannon, Esquire, for sixty four pounds, in full for his attendance in Council from November the twenty-first, 1787, until January the thirty-first, 1788, and his mileage.


The Council met.


PHILADELPHIA, Monday, January 28th, 1788. PRÉSENT :


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


Frederick Watts, Nathan Dennisen,


James Read, William McClay, and


Esquires.


Christopher Kucher, Henry Hill,


John Cannon,


An order was drawn upon the Treasurer in favor of Thomas Bartow, for nine pounds seven shillings, in full of his account for gunpowder purchased of him on account of the State, and used upon announcing to the public the ratification of the Federal Con- stitution by this State.


Council having received information that the Naval Officer, in compliance with the revenue law, had made a seizure of the Brig Catherine, from Halifax, which was entered in ballast, but found to contain a quantity of fish, and the Naval Officer having repre- sented that the crew of the said Brig Catherine had given sufficient reason, by their late conduct, to suspect them of an intention to evade the law by seizing on the vessel and cargo, and therefore requesting military aid, to enable him to retain the vessel and cargo until a regular trial may be had at law


Resolved, That the Naval Officer be informed that Council have directed the commander of the invalids to furnish him with as many of his men as he shall think necessary to inforce the laws. with regard to the Brig Catherine : provided the civil powers are


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MINUTES OF THE


found inadequate, in that case the men so employed are to consider themselves under the orders of the civil officer, who is to be ac- countable for their conduct, and take care they do not exceed the limits prescribed by the Constitution and laws of the State.


The Council met.


PHILADELPHIA, Tuesday, January 29th, 1788. PRESENT :


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


Samuel Dean, John Cannon, William McClay, Christopher Kucher, 1 Esquires.


James Read, Nathan Dennisen,


Frederick Watts,


Henry Hill,


Upon the petition of William Eckart, of Northampton county., praying remission of the fines imposod upon him for keeping a tipling house in the years 1786 and 1787, and also of the excise for the said two years, and he being recommended by two Justices of the Peace of said county,


Ordered, That the prayer of the aforesaid petition be granted. .


The petition Matthias Moyer, stating that he became bail for the payment of a fine of five pounds, with costs of prosecution, im- posed upon a certain John H. Harms, late of Montgomery county, for an assault and battery ; that the said Harms has since absconded, therefore praying remission of the said fine, was read, and an order taken that the fine aforesaid be remitted.


The Council met.


PHILADELPHIA, Wednesday, January 30th, 1788.


PRESENT :


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


Samuel Dean, John Cannon, ? Esquires.


William McClay, Christopher Kucher,


James Read, Nathan Dennisen,


Frederick Watts,


The following orders were drawn upon the Treasurer, vizt :


In favor of George Honey, Junior, for five pounds ten shillings, for filling up and delivering printing notices to sundry persons in-


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closing city lots belonging to the Commonwealth, and for notifying the said persons to appear before the Honorable George Bryan, Esquire, respecting the said lots.


In favor of Edward Burd, Esquire, for six pounds, being the expences of the Honorable Judge Atlee, on his way to and from a Supreme Court, lately held in this city, in the present month of January, agreeably to the Judges' certificate.


A letter from Lieutenant Colonel Josiah Harmer, dated at Mus- kingum, December;twenty-third, 1787 inclosing a new arrangement, which he wishes to take place in this State, for the first United States Regiment, and also a return of the troops of this State ser- ving in said Regiment, was received and read.


On consideration of the reports of the Board of Property upon the claims of Tench Francis, Robert Harris, Timothy Matlack, Charles Hurst, George Glentworth, Charles Cecil, and the executors of Doctor Evans, to certain city lots and lands in this State, under the original purchases of Arent Sonmans, Richard Ward, and others, from William Penn, Esquire, the first proprietor of Penn- sylvania :


Ordered, That the Honorable the Chief Justice, with such other Judges of the Supreme Court as are in town, and the Attorney General be requested to meet Council on Tuesday next to confer with the Board upon the subject of the claims aforesaid, and that the said reports be now transmitted to them for their perusal.


Ordered, That the Secretary give notice to the several claimants to attend at the same time, when they will be heard by Council.


The Council met.


PHILADELPHIA, Thursday, January 31st, 1788.


PRESENT :


The Honorable PETER MUHLENBERG, Esquire, Vice President.


Samuel Dean, John Cannon,


William McClay, Christopher Kucher,


Esquires.


James Read,


Nathan Dennisen, and


Frederick Watts,


Ilenry Hill,


The petition of Thomas Tate, convicted of passing and uttering a forged power of Attorney, appointing said Thomas Tate Attorney in fact for William Nicholson, and sentenced to make restitution, and his recommendation from sundry respectable citizens being read,


Ordered, That the restitution for the amount of the power of attorney be remitted.


Eleanor Armstrong, sentenced to one year's hard labour in the work-house, and fined six pounds, having served the time out :


Ordered, That the fine be remitted.


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MINUTES OF THE


An order was drawn upon the Treasurer in favor of John Nichol- son, Esquire, . for sixty pounds, to reimburse him for the like sum advanced to Matthias Hollenback, in part of his contract for sup- plying the troops stationed in Luzerne county with rations.


The Council met.


PHILADELPHIA, Friday, February 1st, 1788. PRESENT :


The Honorable PETER MUHLENBERG, Esquire, Vice President.


Samuel Dean, Christopher Kucher, )


William McClay, Nathan Dennisen,


James Read, Evan Evans, and


Frederick Watt,


Henry Hill,


Esquires.


John Cannon,


The petition of Robert Leslie, stating that the hammer of the State House clock is not properly fixed, and that for a trifling ex- pence it could be made to answer the purpose much better than at present :


Ordered, That he be employed to make the alteration in the hammer, mentioned in his petition.


An order was drawn upon the Treasurer in favor of John Nichol- son, Esquire, for the sum of eighty-five pounds, to pay for fire- wood, purchased for the Invalids Guards, and for defraying the expence of conveying public dispatches to the different County Treasurers and Collectors of Taxes, for which sum he is to be accountable.


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The Council met.


PHILADELPHIA, Saturday, February 2nd, 1788.


PRESENT :


The Honerable PETER MUHLENBERG, Esquire, Vice President.


Samuel Dean, Christopher Kucher, ?


William McClay, Nathan Dennisen,


James Read, Evan Evans,


Esquires.


Frederick Watts, Henry Hill, and


John Cannon, Abraham Smith,


An order was drawn upon the Treasurer in favor of Elizabeth Dickey, late Elizabeth McClellan, for one hundred and thirty-seven pounds ten shillings, being due for her pension for four years and


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SUPREME EXECUTIVE COUNCIL.


seven months, during which time she was the widow of Lieutenant John McClellan, deceased, according to the Comptroller General's report, and an Act of Assembly dated the first day of March, 1780.


An order was drawn upon the Treasurer in favor of Frederick Sneider, for fifteen pounds fourteen shillings and six pence, in full of his account for his wages as Door-Keeper, from the first until the thirty-first of January, 1788, and cash paid for sweeping two chimneys, and for a pitcher for public use.


Messrs. Blair, McClenachan, and James Hutchinson, were now offered by Clement Biddle, Esquire, as sureties for the faithful dis- charge of the duties of his office as Marshall of the Court of Ad- miralty under his re-appointment, and they were accepted by Council.


A letter was written to Major General Knox, Secretary at War, upon the subject of Captain Ferguson's claim of rank over Captain Ziegler, in the troops commanded by Colonel Harmer, in which let- ter was enclosed the promotion of Ensigns Ashton and and appointment of Robert Thompson, (son of the late General Thompson,) to an Ensigncy in the said troops.


Mr. Evans was appointed a member of the Board of Property during the present month.


The Council met.


PHILADELPHIA, Monday, February 4th, 1788. PRESENT :


The Honorable PETER MUHLENBERG, Esquire, Vice President.


Samuel Dean, Evan Evans, 7


William McClay, Abraham Smith, and


Frederick Watts, Henry Hill,


Nathan Dennisen,


Esquires.


The petition of John Moore, convicted at the Quarter Sessions for the city, January, 1788, of keeping a disorderly house, and fined five pounds, and a recommendation from five of the Magistratos was read.


Ordered, That the fine be remitted.


An order was drawn in favor of Eleazer Oswald, for forty-seven pounds eight shillings and nine pence, in full of his account for printing done for Council, and for newspapers furnished to the seventh of January, 1788, for printing done for the Commissioners appointed to ascertain and confirm to the Connecticut claimants the lands claimed by them in the county of Luzerne, and for the Comp- troller General, according to the Comptroller General's report.


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MINUTES OF THE


The Council met.


PHILADELPHIA, Tuesday, February 5th, 1788. PRESENT :


The Honorable PETER MUHLENBERG, Esquire, Vice President.


Samuel Dean, Evan Evans,


William McClay, Frederick Watts,


Esquires.


Nathan Dennisen, Abraham Smith, D


On motion,


Ordered, That Andrew Porter, Esquire, and Major William Armstrong, be requested to furnish Council with the best descrip- tion they can of the lands lying between the northern boundary of this State and Lake Erie, west of the boundary of the State of New York.


An order was drawn upon the Treasurer in favor of Hugh Speer, for forty-vine pounds ten shillings, ballance due upon his account for hauling two thousand nine hundred and fifty-six pound neat, vizt : four boxes of arms, sixteen quarter casks of powder, two kegs of lead and flints from Philadelphia to Washington county, according to the Comptroller General's report.


The petition of William Moland, stating that during his absence from this State on a voyage to the West Indies, he was attainted of high treason, that he is innocent of the crime aforesaid, for that he never joined the British army as was supposed against him, and now praying that Council will be pleased to grant him a pardon, and thereby restore him to the rights of a citizen of this State --- was read, and a conference being had with the Chief Justice who is of opinion that the several facts stated by the petitioner are true ; thereupon,


Ordered, That a pardon under the Great Seal be granted to the said William Moland.


Agreeably to the minute of Council of the thirtieth of last month, the Judges, Attorney General and Land Officers met Council in conference upon the claims of Tench Francis, George Glentworth, Robert Harris, Timothy Matlack and Charles Hurst, in right of Arent Sommans' original purchase, and having given Council some information respecting the business aforesaid, after some time with- drew ; whereupon, Council after full consideration of this case came to the following resolution, vizt :


WHEREAS, It appears that Arent Sonmans was an original pur- chaser of five thousand acres of land within the province of Penn- sylvania, and that the same has not hitherto been taken up or loca- ted, and several person's appearing before Council and claiming the same.


Resolved, That the legal representatives of Arent Sonmans are entitled under the said purchase to five thousand acres of land in this State, and that a warrant signed by the President or Vice President


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in Council, issue in favor of Tench Francis and George Glentworth, for surveying and locating the said five thousand acres of land and the lots appurtenant thereto, in the old purchase to be taken up and held by the said Tench Francis and George Glentworth, in trust and for the use and behoof of the legal representatives of the said Arent Sonmans.


The further consideration of the claims of the executors of Doctor Cadwallader Evans and Charles Cecil, was postponed.


The Council met.


PHILADELPHIA, Wednesday, February 6th, 1788. PRESENT :


The Honorable PETER MUHLENBERG, Esquire, Vice Pre- sident.


Samuel Dean, Frederick Watts,


William McClay, Abraham Smith, and


Esquires.


Nathan Dennisen, Henry Hill,


Evan Evans,


A memorial from Andrew Lytle, of Berks county, complaining of his being displaced from his office of Deputy Surveyor, being read,


Ordered, That General Daniel Brodhead, John Otto, Daniel Le- van, and Thomas Dundas, Esquires, be requested to hear the charges made against Andrew Lytle, and make report to Council, That the Surveyor General be directed to send those gentlemen all the papers he has received complaining of Andrew Lytle, and the letters he has received from Mr. Lytle, on this business.


The Honorable the Vice President attended the Board of Pro- perty.


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The Council met.


PHILADELPHIA, Thursday, February 7th, 1788. PRESENT :


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


Samuel Dean, Frederick Watts,


William McClay, Abraham Smith,


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Esquires.


Nathan Dennisen, Henry Hill, and


Evan Evans,


Christopher Kucher, J


The petition of John Moore, stating that he is sued for a recog- nizance entered into for his appearance at last October sessions, that he is unable to pay the same, being read,


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384


MINUTES OF THE


Ordered, That the Attorney General be directed to discontinue the suit against said Moore.


The petition of Adam Bety, fined (at the Quarter Sessions for the county of Berks, in November last) ten pounds, for keeping tavern without licence, and his recommendation being read,


Ordered, That the fine be remitted.


Ordered, That the Attorney General be requested to meet Coun- cil to morrow at eleven o'clock, to confer with the Board about the sale of Francis Wade's house.


On motion,


Ordered, That the Lieutenants of the city and county of Phila- delphia be directed to attend Council to-morrow at ten o'clock.


An order was drawn upon the Treasurer in favor of the Honora- ble Nathan Dennisen, Esquire, for twenty-four pounds, in full for his attendance in Council until this day, inclusively.


The Council met.


PHILADELPHIA, Friday, February 8th, 1788. PRESENT :


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


Samuel Dean, Evan Evans,


William McClay, Frederick Watts,


Nathan Dennisen, Abraham Smith, and


Esquires.


Christopher Kucher, . Henry Hill,


The city and county Lieutenants attended agreeable to the di- rections of Council.


The petitions of Samuel Coutty and Samuel Lehman, gunsmiths, be requesting they may be employed in repairing some of the pub- lic arms, was read,


Ordered, That the Lieutenant of the county of Philadelphia be directed to deliver the said Samuel Coutty and Samuel Lehman, the public arms belonging to the county, that are over Schuylkill.


An order was drawn upon the Treasurer in favor of James Harris, for forty-seven pounds seven shillings, in full of his ac- count for his services in laying out a road from the navigable waters of the Frankstown Branch of Juniata, to the navigable waters of Conemaugh, according to the Comptroller General's report.


An order was also drawn upon the Treasurer in favor of Thomas Bradford, for twenty-eight pounds, in full of his account for news- papers furnished to Council from the first day of January untill the thirty.first day of December, 1787, according to the Comp- troller General's report.


The Attorney General attended agreeably to the request of Coun- cil and conferred with the Board respecting the sale of Francis


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SUPREME EXECUTIVE COUNCIL.


Wade's house and lot; Mr. Wade also attended and produced to to Council sundry papers, which he alleges, to shew that the said estate was intended for the benefit of his children, that the right thereto is not vested in him ; whereupon, Mr. Wade was desired to deliver these papers to the Attorney General, who was requested to furnish Council with his opinion thereon.


The memorial of John Franklin being read,


Resolved, That the Honorable Frederick Watt and Nathan Den- nisen, Esquires, be a committee to inquire into the truth of the facts stated in the memorial aforesaid, and report to Council.


The committee report to Council that they have visited John Franklin, in the jail of this city, and find that his health is greatly impaired, and that unless his irons are taken off he may greatly suffer ; Council having attended to the above report, and regarding as far as lies in their power the favorable interposition of his Ex- cellency Governor Huntington, are well disposed to mitigate the severity of the said Franklin's confinement.


Resolved, That the Sheriff be directed to have the irons taken off the said Franklin, and otherwise mitigate the severity of his confinement as much as the Sheriff shall think consistant with the safe keeping of the prisoner.


The Council met.


PHILADELPHIA, Saturday, February 9th, 1788. PRESENT :


The Honorable PETER MUHLENBERG, Esquire, Vice Pre- sident.


Samuel Dean, Evan Evans, ? William McClay, Frederick Watts, and Esquires. Nathan Dennisen, Abraham Smith, Christopher Kucher,


A memorial from divers merchants of Philadelphia, praying Council to revoke their late orders to the Collectors of the Customs, to put in suit all bonds given in his office upon the exportation of goods ; and that further time may be allowed them for complying with the act of Assembly which relates to this business, was read, and Tuesday next appointed to hear the memorialists, in support of the facts stated in the said memorial.


VOL. XV .- 25.


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MINUTES OF THE


The Council met.


PHILADELPHIA, Monday, February 11th, 1788. PRESENT :


The Honorable PETER MUHLENBERG, Esquire, Vice Pre- sident.


Henry Hill, Frederick Watts,


Samuel Dean,


Abraham Smith,


Evan Evans,


Christopher Kucher,


William McClay,


James Read,


Esquires.


Nathan Dennisen,


'The petitions of John Bromley Knox and Cato Forster, convict- ed of larceny, and now confined at hard labour, praying remission of their fines and punishment, were read, and an order taken that the said petitions be dismissed.


A letter was written to His Excellency the Governor of Connec- ticut, inclosing the minute of Council of February the eighth, re- specting John Franklin.


The Council met.


PHILADELPHIA, Tuesday, February 12th, 1788. PRESENT :


The Honorable PETER MUHLENBERG, Esquire, Vice Pre- sident.


Samuel Dean, Frederick Watts, r


William Maclay, Abraham Smith,


Christopher Kucher, Evan Evans,


Nathan Dennisen, and James Read,


Esquires.


An order was drawn upon the Treasurer in favor of Michael Bright, for one pound three shillings, in full of his account for one hundred weight of ship bread furnished to a number of distressed persons, natives of China and India, according to a resolution of Assembly dated the seventh day of November, 1785.


Upon the petition of Rose Dowdle, convicted of a misdemeanor, in passing counterfeit dollars, knowing them to be such, and now confined at hard labour in the work-house of this city, praying re- mission of the punishment to which she was sentenced,


Ordered, That the fine due from her to the State and her pun- ishment at hard labour be remitted.


Mr. Fitzimmons, Mr. Wilcocks, and others, a committee of mer- chants, attended, and were heard upon the subject of their memo- rial, presented to Council on Saturday last.


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The further consideration of the said memorial was postponed untill to-morrow.


The petition of Rachel Smither, in behalf of her husband, James Smither, who, in the year 1778, was called upon to surrender him- self and abide his trial for high treason, and by neglecting so to do became attainted of high treason, praying Council to grant him a pardon, was read, together with a recommendation of him from a number of respectable citizens as a sober, industrious man, and a usefull artist ; thereupon,


Ordered, That the said James Smither be and hereby is par- doned.


The Council met.




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