USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XV > Part 30
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PHILADELPHIA, Wednesday, February 13th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Pre- sident.
Evan Evans, Nathan Dennisen, r
Samuel Dean, Abraham Smith,
Frederick Watts, Christopher Kucher, and SEsquires.
William Maclay, Henry Hill,
James Read,
An order was drawn upon the Treasurer in favor of Clement Biddle, Esquire, for eighty-one pounds three shillings and six pence, in full of his account for rations furnished to the Invalid Corps from November the first untill January the thirty-first, 1788, inclusively, according to the Comptroller General's report.
An order was also drawn upon the Treasurer in favor of Robert Leslie, for six pounds one shilling, in full of his account for repair- ing the State House clock and furnishing materials, according to the direction of Council and the Comptroller General's report.
Friday next was appointed for going into the consideration of the report of the Board of Property upon the claim of Charles Ce- cil, under - Ward's original purchase.
Upon the memorial of sundry merchants, requesting a longer time for to be given them for cancelling the bonds given for goods exported, and a committee of the merchants waiting on Council, and satisfying them of the difficulties attending the procuring of certificates for those goods,
Resolved, That the Collector be directed to postpone the putting in suit the bonds given for duties on goods exported untill the first of October next.
The Comptroller General's report upon the account of Jacob Benner, for a horse killed in public service, amounting to forty- five pounds, was read and approved.
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The Council met.
PHILADELPHIA, Thursday, February 14th, 1788.
PRESENT :
The Hon'ble PETER MUHLENBERG, Esquire, Vice President.
Samuel Dean, Frederick Watts,
William Maclay, .
Abraham Smith,
Evan Evans,
Nathan Dennisen, and
Esquires.
· Christopher Kucher, James Read,
Upon the petition of Jonas Meintzger, it was
Ordered, That the fine imposed upon him by the Court of Oyer and Terminer, held in this city on the twelfth instant, for an as- sault and battery upon Stephen Page, be remitted.
The Council met.
PHILADELPHIA, Friday, February 15th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Dean, Abraham Smith,
William Maclay, Nathan Dennisen,
Evan Evans, James Read, and
Esquires.
Christopher Kucher, Henry Hill,
Frederick Watts,
In pursuance of an order of Council, dated the eighteenth day of April, 1786, for fixing the line of partition between the dis- tricts of Samuel Edmonston, number seventeen, and the district of William Maclay, number eighteen. John Adlum run the said line beginning at a white walnut tree, at the mouth of Hogline's run, and running north three degrees, east six hundred and fifty-four perches to a white oak tree, marked on the east side M, and on the west side E. The return of survey being laid before Council,
Resolved, That the said boundary so marked be confirmed.
Tuesday next is appointed to hear Charles Cecil and Joseph Mit- chell, upon their claims to city lotts.
An order was drawn upon the Treasurer in favor of Thomas Bartow, for the sum of six pounds twelve shillings, in full of his account for sixty pounds weight of gun powder furnished to Colo- nel William Will's battalion of militia, upon the Anniversary of Independence, under an order of Council of the second of July, 1787.
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SUPREME EXECUTIVE COUNCIL.
Council took into consideration the petition from the Executors of Doctor Cadwallader Evans, stating that John Stringfellow was an original purchaser of five hundred acres of land within the pro- vince of Pennsylvania; that the same has not hitherto been taken up or located, and that the right thereto is vested in the heirs of the said Dootor Evans, and praying that the said quantity of five hundred acres of land may be now surveyed and appropriated to their use ; and Council having also considered the report of the Board of Property, by which it appears that a city lot was granted by the late Proprietaries to Doctor Evans as appurtenant to the said purchase, but that the land purchased has not yet been taken up; thereupon,
Resolved, That a warrant, signed by the President or Vice Pre- sident, be granted for surveying and locating, for the use and be- hoof of the heirs of Doctor Cadwallader Evans, deceased, the said quantity of five hundred acres of land in the old purchase.
The Council met.
PHILADELPHIA, Saturday, February 16th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Dean, , Frederick Watts,
William Maclay, Abraham Smith, and
Esquires.
Evan Evans, Nathan Dennisen,
Christopher Kucher,
The Attorney General having requested the advice of Council relative to the suit now carrying on by their order against Captain John Barry, &ca.,
Resolved, That the Attorney General be informed that Council do not wish to interfere, but that they leave the matter intirely with him to act as he shall judge best.
An order was drawn upon the Treasurer in favor of the Honor- able Samuel Dean, Es uire, for seventeen pounds five shillings, in full for his attendance in Council from the twenty-fifth of January untill February the sixteenth, 1788, inclusively.
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The Council met.
PHILADELPHIA, Monday, February 18th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Dean, Abraham Smith,
William Maclay, Nathan Dennisen,
Evan Evans, James Read, and
Christopher Kucher,
Henry Hill,
Esquires.
Frederick Watts,
The following orders were drawn upon the Treasurer, vizt :
In favor of Mr. Joseph Perkin, for the sum of sixty pounds, to enable him to repair the arms collected in the city and county of Philadelphia, in pursuance of the order of Council of the fourth of December, 1787, for which sum he is to account with Colonel Henry, the City Lieutenant.
In favor of Messrs. Scull and Hall, printers at Pittsburgh, for three pounds in full of their account for publishing the resolutions of Council of the eighteenth and twenty-second of December, 1787, respecting contracts for opening certain western road.
The Council met.
PHILADELPHIA, Tuesday, February 19th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice President.
Samuel Dean, Abraham Smith,
William Maclay, Nathan Dennisen,
Fvan Evans, James Read, and
Esquires.
Christopher Kucher, Henry Hill,
Frederick Watts,
J
The petitions of Joseph Humphreys, John Rock, William White, Thomas Wardel, and William Courtney, stating that they were tried at a City Court held in January, 1787, and sentenced each to one years' labour and that they are now confined for their fines, was read,
Ordered, That their fines be remitted, Joseph Humphrey's be- ing fifteen shillings, John Rock, twelve shillings, William White, seventeen shillings, Thomas Wardel, five shillings, and William . Courtney, twelve shillings.
Upon application of Colonel John Craig, Lieutenant of the county of Northampton, an order was drawn upon the Treasurer in his favor, for two hundred and seventeen pounds, payable out of
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the militia fines of the county aforesaid, to enable him to discharge sundry expences incurred in exercising the militia of the said county, for which sum he is to account.
The petition of Jane Match, convicted at the last Court of Oyer and Terminer held in this city of receiving stolen goods, knowing them to be such, praying remission of the punishment to which she was sentenced by the said Court, was read, together with a recommendation of her by sundry citizens ; thereupon,
Ordered, That the fine due to the State and her punishment at hard labour, be remitted.
The Council met.
PHILADELPHIA, Wednesday, February 20th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice President.
Samuel Dean, Abraham Smith,
Evan Evans, Nathan Dennisen, i
William Maclay, James Read,
Christopher Kucher,
Henry Hill,
Esquires.
Frederick Watts,
A petition from Joseph Egg, containing a brief of his title to a city lot between Sassafras and Vine streets, and Seventh and Eighth streets, from Schuylkill, under Anthony Moore, in right of Philip Evan, and stating that the same hath been sold by the Common- wealth, therefore, praying an equivalent therefor, in the mode pre- scribed by an Act of Assembly, dated April the seventh, 1781, was read and referred to the Board of Property, together with the title deeds accompanying the said petition, for their examination and re- port.
The Council met.
PHILADELPHIA, Thursday, February 21st, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice President.
Samuel Dean, Nathan Dennisen, ?
Evan Evans, James Read,
William Maclay,
Samuel Edie,
Christopher Kucher,
John Baird, and
Esquires.
Frederick Watts, Henry Hill,
Abraham Smith,
A letter from Charles Thompson, Esquire, Secretary to Con- gress, inclosing an Act of Congress of the twelfth instant, for
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granting sea letters to American vessels, and requesting it may be published in the public papers, was read :
Ordered, That it be published in Hall and Sellers's, and Brad- ford's papers.
Mr. Lilly and Mr. Mitchell, a Committee from the General As- sembly, attending, were introduced, and informed Council that the House of Assembly was now met and ready to receive any busi- ness Council have to lay before them.
The Committee were informed that a Message and sundry papers should be tranmitted to the House.
A certificate from Edward Burd, Esquire, that Thomas Levis, Esquire, hath entered sufficient security to prosecute with effect an appeal from the settlement of his accounts as late Treasurer of the county of Chester, by the Comptroller General, was read, and the said appeal allowed.
The following draft of a message to the General Assembly, was read and adopted, vizt :
A message from the President and the Supreme Executive Coun- cil to the General Assembly.
GENTLEMEN :- We sincerely congratulate your Honorable House on the ratification of the Federal Constitution, by the convention of this State since your last recess, and we flatter ourselves that its adoption will be attended with important good consequences to all the States in the Union.
In compliance with your resolution of the thirteenth of Novem- ber last, we have obtained and now lay before the General Assembly, discriptions of the lands lying between the Northern Boundary of this State and Lake Erie, with an estimate of the sums which will probably be necessary for the purchases of the same, as will appear by the papers marked No. 1 and 2, to which we beg leave to refer. We have likewise wrote to our Delegates in Congress, relative to the estimate. Their answer as soon as it comes to hand will be trans- mitted to your House.
A revenue law of this State, passed the twenty-fifth day of Sep- tember, 1783, requiring merchants who re-ship goods from Phila- delphia to produce within one year certificates of the goods being actually landed at the Port of destination, appears to bear hard on the trade of this port. We therefore recommend a revisal of the aforesaid revenue act, when the merchants will have an opportunity of laying the particular inconveniences before your house.
The officers of the Land Office do not consider themselves autho- rised by the present laws to grant re-locating warrants, in cases where warrants on which the purchase money has been paid, are deprived of land by prior grants, we are of opinion that this power ought to be given, as the time may come, when vacant lands will not remain for them, and in that case the owners may call on the State for compensation.
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SUPREME EXECUTIVE COUNCIL.
The granting of land in the late purchase has nearly ceased, and we are apprehensive that this fund will continue unproductive, un- till the terms of the new purchase are lowered, a measure which we therefore recommend.
Great mistakes have been committed by the Orphans' Courts of the different counties of this State, respecting pensions, particu- larly in providing for the support of the widows and orphans of militia men who fell in the late war ; this power in the opinion of Council ought to be lodged in more proper hands, and its decisions thereby rendered more uniform.
The continual depreciation of our paper money merits the most serious attention of your Honorable House. This circumstance alone diffuses languor and embarrassment through the whole exec- utive department of Government. Contracts cannot be compleated for the making of roads, or any other public business, without either risquing the honor of Government or acting on an implied depreciation of money, situations equally irksome and ineligible. We cannot help suggesting the propriety of more speedily destroy- ing as much of it as is in the power of the treasury.
The time limited by law for compleating titles for lands held under office rights, obtained before the tenth day of December, 1776, expires on the tenth day of April next. We are of opinion that the extension of that period is necessary.
The benefits expected from the penal laws, having not equalled the benevolent wishes of its friends and framers, we recommend such alterations to be made in it as shall be calculated to render punishment a means of reformation, and the labour of criminals of profit to the State. Late experiments in Europe have demonstrated that those advantages are only to be obtained by temperance and solitude of labour.
The act entitled " An Act appointing Wardens for the port of Philadelphia, &ca.," passed the twenty-sixth day of February, 1773, having by experience been found useful, and being on the point of expiring, we recommend an immediate renewal of. the same for a further term, with such improvements as may occur to you.
We again recommend to the notice of your Honorable House the resolution of Congress passed March the twenty-first, 1787, and beg leave to suggest the propriety of passing a declaratory act, to answer the end intended by the said resolution.
The latest accounts from the county of Luzerne, communicated to us by Colonel Pickering, represent the settlement as being in perfect quietness at present, and that the laws of this State have their frec operation.
We have now the pleasure of laying before you a map of the Northern boundary of this State, as run by the Commissioners ap- pointed for that purpose, who have compleated that useful work .- We also herewith communicate a letter from His Excellency Samuel
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Huntington, Esquire, Governor of the State of Connecticut, in consequence of which we have mitigated the severity of John Franklin's confinement as much as circumstances would warrant. An act of the Legislature of Virginia, concerning the Convention to be held in June next, transmitted by His Excellency the Gov- ernor of Virginia. And a letter from the Honorable Arthur St. Clair, Esquire, which we beg leave to recommend to the notice of your Honorable House.
BENJAMIN FRANKLIN.
Council Chamber, Philadelphia, February 21st, 1788.
An order was drawn upon the Treasurer in favor of Alexander Hale, for four pounds ten shillings, in full of his account for a large oval table for the use of Council, materials and painting included.
A letter from Henry Knox, Esquire, Secretary at War, in an- swer to a letter of the second instant, was read ;
Ordered, That the Vice President write to General Knox, and desire him to have a Court of Enquiry upon the subject of a dis- pute of rank between Captian Zeigler and Ferguson, and make re- port to Council.
The Council met.
PHILADELPHIA, Friday, February 22nd, 1788.
PRESENT :
The Honorable FETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Dean, Nathan Dennisen,
William Maclay,
James Read,
Evan Evans,
Samuel Edie,
Esquires.
Christopher Kucher,
John Baird, and
Frederick Watt, Abraham Smith,
Henry Hill,
The following orders were drawn upon the Treasurer in favor of Colonel Josiah Harmer, the commanding officer of the State troops, for one hundred and ninety-five pounds, for the purpose of re-in- listing the non-commissioned officers and privates now in the service of the United States and belonging to this State, and advancing two dollars to each of them; and the further sum of ninety-seven pounds ten shillings, to defray the expences of the said recruiting service ; which said sums are to be charged to the United States, agreeably to the directions of an act of General Assembly passed the tenth day of November last.
In favor of John Nicholson, Esquire, for one hundred and ninety-eight pounds fifteen shillings, to reimburse him for a sum
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SUPREME EXECUTIVE COUNCIL.
of money advanced on account of John Skinner's contract for clear- ing the public road, included between the east side of Clark's Gap and the Burnt Cabbins in Cumberland county, &ca.
And in favor of John Nicholson, for thirty-four pounds three shillings and nine pence, being to reimburse him for the like sum paid to Colonel James O'Hara, in discharge of his account for sup- plies furnished to the Commissioners on the northern boundary, this sum to be charged to Major William Armstrong.
Upon the petition of William Brown, convicted of larceny, and now confined at hard labour in the jail of this city, praying remis- sion of the punishment to which he was sentenced by the Court.
Ordered, That the fine due to the State and his punishment at hard labour be remitted.
Council taking into consideration sundry petitions from a num- ber of the inhabitants of the county of Chester, containing several charges against Caleb Davis, Esquire, for misconduct in his office of Prothonotary of the county aforesaid, and praying to be heard before Council in support of their said complaint, and that the said officer may be removed from the office of Prothonotary, if it shall appear that the said charges are well founded ; thereupon,
Ordered, That Tuesday the fourth day of March next be ap- pointed to hear the petitioners, and the said Caleb Davis, touching the charges exhibited against him, and that the parties have notice to attend.
The Door-keeper was directed to take for the use of Council six copies of the newspapers published by Daniel Humphreys on each day of publication.
The Council met.
PHILADELPHIA, Saturday, February 23rd, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice President.
Samuel Dean, Frederick Watts,
William Maclay, Nathan Dennisen,
Evan Evans,
Abraham Smith,
Esquires.
Christopher Kucher, Samuel Edie, and
James Read, John Baird,
A letter was written to Colonel Josiah Harmer, inclosing the Act of the General Assembly intituled " An Act for furnishing the quota of Troops required by Congress for the protection of the Western Frontiers, and other purposes therein mentioned," passed the tenth day of November last, and inclosing orders upon the County Treasurers of Westmoreland, Washington and Fayette,
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for the sums necessary to enable him to re-inlist the non-commis- sioned officers aud privates now under his command belonging to the quota of this State.
A letter was also written to the Governor of Virginia, relative to the claim of George Barton, to a negroe man brought by him from St. Croix, which negræ is said to be the property of a citizen of the State of Virginia.
Council Chamber.
PHILADELPHIA, Monday, February 25th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Dean, Samuel Edie,
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William Maclay,
John Baird,
Christopher Kucher,
George Ross,
Esquiers.
Frederick Watts,
Jobn Smilie, and
Nathan Dennisen,
Evan Evans,
Abraham Smith,
to
The Council met.
PHILADELPHIA, Tuesday, February 26th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Dean, Abraham Smith,
William Maclay, Samuel Edie,
Christopher Kucher, John Baird, Esquires. fo
Frederick Watts, John Smilie, and
Nathan Dennisen,
George Ross,
An order was drawn upon the Treasurer in favor of Colonel Charles Campbell, for thirty-four pounds three shillings and one penny, in full of his account for his services as a Commissioner for laying out a Highway from the navigable waters of Frankstown Branch of Juniata to the navigable waters of Conemaugh, and ex- pences of assistance, and for provisions furnished according to the Comptroller General's report.
George Hughes, Esquire, was appointed and commissionated a Justice of the Peace, and of the Court of Common Pleas, in and
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SUPREME EXECUTIVE COUNCIL.
for the county of Northumberland, upon a return made according to law for the district of the township of Cattawissa.
Charles Cecil and Joseph Mitchell attended, and were heard rela- tive to their claims to city lots under old rights.
The Council met.
PHILADELPHIA, Wednesday, February 27th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Pre- sident.
Samuel Dean, William Maclay,
Samuel Edie, r
John Baird,
· Frederick Watts, Christopher Kucher,
John Smilie,
George Ross,and
Esquires.
Nathan Dennisen, Abraham Smith,
Henry Hill,
An order was drawn upon the Treasurer in favor of the War- dens of the Port of Philadelphia, for three hundred and seventy pounds, payable out of the monies arising from the duty upon tonnage, to be applied towards the further improvement of the navigation in the bay and river Delaware, for which sum the said Wardens are to account.
A petition of James McAlpine, now under sentence of death for piracy, was read.
Ordered, That the Secretary send for a transcript of the record of conviction of the said McAlpine and the other man now under sentence of death in the jail of this city.
Joseph Mitchell, of Chester county, presented to Council his claim and title to one thousand acres of land, and city lots and lib- erty land appurtenant thereto, under Bazellion Forster's original purchase, which was read, and referred to the Board of Property for their consideration and report.
Upon the petition of Samuel Harris, of York county, and a re- commendation from some of the Justices of the Court of General Quarter Sessions of the Peace of the county aforesaid,
Ordered, That the fine due to the State and the punishment at hard labour to which he was sentenced by the said Court be re- mitted.
A letter from the Attorney General, praying the advice of Coun- cil whether all further proceedings on the bonds given to the Col- lector of the Port by persons who have since been declared bank- rupt must be stayed, or whether he must proceed to execution, was read ; and thereupon,
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Ordered, That the Attorney General be directed to inform Coun- cil whether anything can be recovered for the State, by issuing ex- ecution against the persons he describes.
Mr. Clymer and Mr. Kennedy, a committee from the General Assembly, attended Council in conference upon the subject of the depreciation of the last emission of paper money.
The Council met.
PHILADELPHIA, Thursday, February 28th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Pre- sident.
Samuel Dean, John Baird,
William Maclay, John Smilie,
Frederick Watts, George Ross,
Christopher Kucher,
James Read, and
Esquires.
Nathan Dennisen,
Henry Hill,
Samuel Edie,
An order was drawn upon the Treasurer in favor of Edward Burd, Esquire, for five pounds, being the travelling charges of the Honorable Judge Atlee, on his way to and return from a Supreme Court and Court of Oyer and Terminer and Jail Delivery held in Philadelphia in September and October, 1787.
The motion for appointing Mr. Thomas Clark a Justice of the Court of Common Pleas in the county of Dauphine was postponed untill this day week.
Council taking into consideration the transcripts of the convic- tion of John White, alias John Tracy, for murder, and of James 'Thompson, alias James McAlpine, for piracy, at a Court of Admi- ralty Sessions held at Philadelphia for the United States of Amer- ica, on the twelfth day of this month,
Ordered, That such of the Judges of the Supreme Court as are in town, and the Judge of the Court of Admiralty, be requested to confer with Council to-morrow at eleven o'clock, in the Council Chamber, relative to the said convictions.
A letter from the Honorable Judge Hopkinson, informing Coun- cil that he has called upon Matthew Clarkson, Esquire, late Mar- shall of the Admiralty, for a particular account of such property as came to his hands, in which the United States were interested, which account he has hitherto not thought fit to render, and pray- ing Council to take some steps to enable him to make a satisfactory report to the Board of Treasury of the United States, was read ; and thereupon, the Secretary was directed to write to Mr. Clarkson and request his answer, with his reasons for declining to make such return.
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The petitions of Miers Fisher, Timothy Hurst, Charles Hurst, Ephraim Blaine, Jonathan Thompson, stating their respective claims to city lots, in right of several original purchases, were read and referred to the Board of Property for their examination and report.
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