USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XV > Part 31
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The following orders were drawn upon the Treasurer, vizt :
In favor of James Smith, Francis Silvers and John Boggs, Com- misioners for laying out a public road from Cumberland county to Pittsburgh, for eighteen pounds ten shillings, being the expences of a surveyor, draftsman, chain-carrier, &ca., not included in their last account.
In favor of Colonel George Gibson, Lieutenant of Cumberland county, for sixty-five pounds three shillings and eight pence, due to Timothy Lenington, and for sixty-seven pounds seventeen shil- lings and six pence, due to Elizabeth Ross, of Cumberland county, for their pensions, which sums were advanced to the said pension- ers, by Colonel Gibson, according to the Comptroller General's report.
The petitions of William Harris, Lydia Harris and Martha Har- ris, of the heirs of Richard Hill, of Joshua Evans and of Peter Thompson, stating their several claims to city lots, &ca., in right of several original purchasers from William Penn, Esquire, the first proprietor of Pennsylvania, were read and referred to the Board of Property, for their examination and report.
The petitions of Nicholas Young, stating his claim to city lots and liberty land, in right of the original purchases of Richard Pearse and Thomas Pearse, of two thousand acres, and John Pearse of two hundred and fifty acres of land from the said proprie- tary, was also read and referred in like manner, to the Board of Property, for their consideration and report.
The Council met.
PHILADELPHIA, Friday, February 29th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Henry Hill, Frederick Watts,
Samuel Dean, Samuel Edie,
Christopher Kucher,
Abraham Smith,
Esquires.
James Read, John Baird,
William Maclay,
John Smilie,
Nathan Dennisen, George Ross,
General James Irvine and Captain James Duncan of York coun- ty, were offered by John Nicholson, Esquire, as sureties for his
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faithfull discharge of the duties of his office of Escheator General of this State, and they were accepted by Council.
The Honorable the Chief Justice and Judge Hopkinson attended in Council, and a free conference was had on the subject of the late convictions of John White alias John Tracy and of James Thomp- son alias James M'Alpine, for piracy and murder, and touching the power of the Judges to appoint the time and place of execution of criminals, convicted before them, and the Chief Justice having communicated to Council the reasons which induced the Court to appoint the time of execution in this case, After some time the Judges withdrew ; whereupon, after full consideration,
Ordered, That a warrant under the less seal be now issued, com- manding the Sheriff of the city and county of Philadelphia to exe- cute the sentence pronounced against the said John White alias John Tracy, and James Thompson alias James M'Alpine, by the Court of Admiralty Sessions held at Philadelphia the twelfth in- stant, on Monday the third day of March next, between the hours of ten and two o'clock of the same day, at the usual place of execu- tion.
The following draft of a letter was read and approved, and trans- mitted to the General Assembly, vizt :
Council Chamber, Philadelphia, February 28th, 1788.
SIR :- By direction of Council, I do myself the honor to inclose you a letter from his Excellency the Governor of Massachusetts, to- gether with a memorial from D. Shutz.
I am, Sir, your obedient and humble servant,
PETER MUHLENBERG, V. P.
Honorable the Speaker of the General Assembly.
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The Council met.
PHILADELPHIA, Saturday, March 1st, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Nathan Dennisen, Christopher Kucher,
Samuel Edie, George Ross,
Frederiek Watt, John Baird, William Maclay, Samuel Dean, ¿Esquires. Abraham Smith, Henry Hill, and James Read, John Smilie,
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable Arthur St. Clair, Esquire, for two hundred and eighty pounds sixteen shillings, in full for his atten-
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SUPREME EXECUTIVE COUNCIL.
dance in Congress as a Delegate from this State, from the twelfth of July untill November the fourth, inclusive.
In favor of Mr. Robert Porter, for ninety-six pounds nine shil- lings and four pence, in full for his services and expences as a Surveyor, from the fourteenth of May to November the twenty-third, 1788, on the northern boundary of this State.
The Comptroller General's report upon the account of Elijah Weed, for his pay as a Store-keeper in the year 1778, under an appointment from Council, was read and approved.
The following draft of a letter was read, approved, and trans- mitted to the General Assembly, vizt :
Council Chamber, Philadelphia March 1st, 1788.
SIR :- By direction of Council, I do myself the honor to trans- mit the petition of Messrs. Bedford and Neville, upon the subject of their accounts for monies due them for erecting the triumphal arch, which we recommend to the consideration of your Honora- ble House.
I am, Sir, with great respect, Your obedient and humble servant, PETER MUHLENBERG, V. P.
Hon'ble the Speaker of the General Assembly.
Mr. Edie was appointed a member of the Board of Property during the month of March.
The fine due to the State, and corporal punishment to which Charles Gordon was sentenced by the Court of General Quarter Sessions in Bedford county, upon being convicted of larceny in said county, was remitted upon his petition and a recommendation from the Court.
The Council met.
PHILADELPHIA, Monday, March 3rd, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Nathan Dennisen,
George Ross, r
Samuel Edie,
John Baird,
Frederick Watts, John Smilie,
William Maclay,
Samuel Dean, Esq'rs.
Abraham Smith, Henry Hill, and
James Read, Christopher Kucher,
Evan Evans,
The petition of James Quarrel, convicted of uttering a forged Letter of Attorney, and a recommendation from a number of re- spectable citizens, was read.
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Ordered, That the fine and punishment at hard labour be re- mitted.
The time for which Sharp Delany, Esquire, has taken the house for the accommodation of the several offices of the Collector of the Customs, Naval Officer, Collector of Tonnage, and Wardens of the Port, being nearly expired,
Resolved, That Sharp Delany. Esquire, be appointed to contract for a house, agreeably to the supplement to the act of Assembly for raising an impost on goods, wares, and merchandize imported into this State, &ca., passed the second of April, 1785.
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable Peter Muhlenberg, Esquire, for one hundred and twenty-five pounds, in full for one quarter's salary due to him as Vice President of the State, for which sun he is to account.
In favor of Colonel George Gibson, for one hundred and seventy- nine pounds one shilling, balance due upon his account as Lieu- tenant of the county of Cumberland, according to the Comptroller Generel's report of the twenty-ninth ult.
In favor of Frederick Sneider, for fifteen pounds and six pence, in full of his account for his wages as Doorkeeper to Council dur- ing the month of February, 1788; and cash paid for sweeping two chimneys and for splitting wood for the stove.
General Anthony Wayne and Jonathan Penrose, Esquires, were offered by Sharp Delany, Esquire, as sureties for the faithful dis- charge of the duties of his office as Collector of the Customs under his re-appointment, and accepted by Council.
Council took up the petition of James Thompson, alias James McAlpine, now under sentence of death, and this day ordered for execution, together with a recommendation from a number of re- spectable citizens in his favor; after considering his case, it was
Ordered, That the said James Thompson, alias Jamee McAlpine, be, and he hereby is respited for the space of twenty-one days from this date.
The fine imposed by the Court of General Quarter Sessions of the Peace of the county of Fayette upon Francis Fast, upon con- viction of fornication and bastardy, was remitted, agreeably to the prayer of his petition.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Tuesday, March 4th, 1788. PRESENT : .
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Nathan Dennisen, Christopher Kucher,
Samuel Edie,
George Ross,
Frederick Watts, John Baird,
Esquires.
William Maclay, Samuel Dean,
Abraham Smith,
John Smilie,
James Read, Henry Hill, 7
The petition of Margaret Baker convicted at a Court of Oyer and Terminer held at Philadelphia, the twelfth of February, 1788, of receiving a watch and check apron knowing them to be stolen, and sentenced to undergo a servitude of one year and a recommendation in her favor, being read.
Ordered, That the servitude to hard labour be remitted. .
An order was drawn upon the Treasurer in favor of the Honora- ble George Ross, Esquire, for nineteen pounds one shilling, in full of his account for twenty-one days' attendance in Council between January the first and March the fourth, 1788, both said days inclu- ded and his mileage.
The hearing upon the complaint against Caleb Davis, Esquire, appointed for this day, was postponed untill to-morrow morning.
The petition of Ann McNeal widow of Laughlin McNeal, de- ceased, praying Council to determine upon her claim to a pension reported by the Comptroller General to be due to her under an or- der of Orphans' Court, for the county of Philadelphia, was read, and thereupon,
Resolved, That Council approve of the said report, and an order was directed to issue in favor of Anne McNeal, for two hundred pounds, in part of the sum due to her, upon the said report.
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The Council met.
PINILADELPHIA, Wednesday, March 5th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire Vice Presi- dent.
Nathan Dennisen, Christopher Kucher,
Samuel Edie, John Baird,
Frederick Watts, Samuel Dean,
William Maclay, John Smilie, and
Abraham Smith,
Henry Hill,
James Read,
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Esquires.
The Comptroller General's report. upon the accounts of John Mitchell, Esquire, late contractor for supplying the Navy Artillery, &ca., of this State with rations, from March the tenth, 1776, untill March the tenth, 1777, was read and approved.
On motion,
Ordered, That previous to Council going into an investigation of the complaint against Caleb Davis, Esquire, the complainants be directed to furnish to the Board, in writing, the particular charges which are alluded to in their petitions, and the evidence they have to adduce in support thereof. Mr. Maclay and Mr. Smith were appointed a committee to take the said evidence, and report to Council.
The Council met.
PHILADELPHIA, Thursday, March 6th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Nathan Dennisen, Christopher Kucher,
Samuel Dean, John Baird,
Frederick Watts, Samuel Edie,
William Maclay, John Smilie, and
Abraham Smith, Henry Hill,
Esquires. James Read,
An order was drawn upon the Treasurer in favor of the Honor- able William Maclay, Esquire, for thirty-nine pounds fifteen shil- lings, in full of his account for his attendance in Council from January twenty-fourth until March the sixth, 1788, and his mileage.
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SUPREME EXECUTIVE COUNCIL.
The petitions of James Cunningham and Thomas Stokeley, Esquire, the former praying payment for his services as a surveyor of one of the districts of depreciation lands, and the latter to be allowed the commutation of his pay as late Captain of one of the Ranging companies of this State, were read and referred to the General Assembly.
Ordered, That the Secretary request the Attorney General and Colonel George Gibson, Lieutenant of Cumberland county, to attend Council to-morrow forenoon at eleven o'clock.
A letter from the Honorable the delegates of this State, inclosing a report of the Board of Treasury, on a motion made by the dele- gates of Pennsylvania, for placing the sum of seventy-eight thou- sand six hundred and forty-two dollars of the bills of credit of 1781 to the debit of the General account of said State, with the United States, was read and referred to the Comptroller for his consideration and report thereon.
Council resumed the consideration of the motion made on the twenty-eighth of last month, to appoint Thomas Clarke a Justice of the Court of Common Pleas for the county of Dauphine.
And thereupon, the said Thomas Clark was appointed and com- missionated a Justice of the Court of Common Pleas in and for the said county. Council being divided upon the question, shall Thomas Clark be appointed a Justice of the Court of Common Pleas for the county of Dauphine ? the yeas and nays were called, and were as follows, vizt :
Yeas.
Yeas.
Nays.
Mr. Vice President,
Mr. Edie,
Mr. Watts,
Mr. Hill,
Mr. Dennisen, Mr. Smith,
Mr. Dean,
Mr. Read, Mr. Baird,
Mr. Maclay,
Mr. Ross.
Mr. Smilie.
Mr. Kucher,
The petitioners against Caleb Davis, Esquire, Prothonotary of Chester county, now presented to Council, in writing, the particular charges alledged against the said officer, together with the evidence in support thereof, which being read, an order was taken that Mr. Davis be furnished with copies of the same.
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The Council met.
PHILADELPHIA, Friday, March 7th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Henry Hill, Abraham Smith, r
Samuel Dean, John Baird,
Evan Evans, John Smilie,
James Read, Nathan Dennisen,
Esquires.
Frederick Watts,
Christopher Kucher, and
Samuel Edie, George Ross,
An order was drawn upon the Treasurer in favor of Abraham Morrow, for the sum of fifteen pounds, towards defraying the expences of repairing one hundred and fifty stand of arms belonging to the county of Philadelphia, for which sum be is to account.
The petition of John Knight, attainted of high treason, and reprieved by this Board on the thirty-first of May last, praying a remission of the pains and penalties under which he labours, in consequence of the said attainder, was read, together with a recom- mendation from divers persons in his favor; whereupon, Council having duly considered his case,
Ordered, That a pardon under the great seal of the State be now granted to the said John Knight.
The petition of Samuel Steward and John Chapman, praying remission of the fines imposed upon them for neglect of militia duty, was read, together with a recommendation from sundry in- habitants of Cumberland county ; thereupon,
Ordered, That their fines be remitted.
A like petition from Mary Polly, in behalf of her husband fined for a like neglect of militia duty, was read, and the prayer thereof granted.
James Hanna, Esquire, was commissionated Register of the Pro- bate of Wills, and granting letters of administration, and Recorder of Deeds, in and for the county of Bucks, under an appointment of him to those offices by the General Assembly on the seventh in- stant.
A letter from Caleb Davis, Esquire, containing his reply to the several charges for misconduct in his office of Prothonotary of Chester county, exhibited against him on the sixth instant, was read, and Monday next appointed for going into the consideration of the same.
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The Council met.
PHILADELPIIIA, Saturday, March 8th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Henry Hill,
John Baird,
Evan Evans, John Smilie,
James Read, Nathan Dennisen,
Frederick Watts, Christopher Kucher, and
Esquires.
Samuel Edie,
George Ross,
Abraham Smith,
The petition of William Smith, (late Master of the ship Anna,) stating that he was arrested in May last at the suit of Frederick Phile, who prosecuted as well for himself as the Commonwealth, that he is poor and unable to follow the seas for a livelyhood by reason of this prosecution, was read,
Ordered, That the Secretary inform Frederick Phile, Esquire, that he may discontinue the suit on the part of the State.
Upon the petition of divers inhabitants of the county of Berks, complaining of irregular proceedings at a late election of Justices of the Peace for the district of the townships of Colebrookdale, Earl, and Oley, and also the representation of the members of As- sembly from the said county.
Ordered, That the said election be set aside and the commission issued thereupon to Matthias Richards, Esquire, be revoked and made void.
Ordered, That a warrant under the less seal directed to the Con- stable or Overseer of the said district, he now issued for holding a new election on the fourteenth day of April next.
An order was drawn upon the Treasurer in favor of Andrew Hen- derson, Esquire, for one hundred and seven pounds, ballance due upon his account as Deputy Surveyor of the fourth district of do- nation land, according to the Comptroller's report.
A certificate from Doctor Duffield, that William Miller, now con- fined in the jail of this city, labors under a severe indisposition oc- casioned by an inflamation, and stating that his removal to a warmer place than the jail would greatly contribute to his recovery, was read : and thereupon,
Ordered, That the Sheriff of this city and county be authorized to remove the said William Miller, to the House of Employment, there to remain untill Council shall otherwise direct.
The petition of Casper Eyler, convicted of a riot on the third of December, 1787, and sentenced to six months imprisonment and to pay the costs of prosecution, praying remission of such part of his sentence as is not already complied with, was read, and an order
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taken that he be released from his imprisonment upon his paying the costs of prosecution.
A petition from James Elliott, praying to be reimbursed for sup- plies of provisions furnished to John Franklin, during his confine- ment in the jail of this city, was read and referred to the Comp- troller General, who was desired to report to Council thereon.
The following draft of a letter to the Speaker of the General Assemby was read, adopted, and transmitted to the House, vizt :
In Council, Philadelphia, March the 8th, 1788.
SIR :- By direction of Council, I do myself the honor to en- close you a state of the representation in 'Congress for the month of February, 1788, together with the proceedings of the Supreme Court in the case of John McCalmont against the Commonwealth of Pennsylvania, from which it appears that the sum of five hun- dred pounds, Pennsylvania currency, is awarded to John McCal- mont, and as no funds are appropriated for the payment of the money so awarded, we find it necessary to lay it before the Gene- ral Assembly.
I have the honor to be, sir, with great respect, your most obe- dient and very humble servant,
PETER MUHLENBERG.
Hon'ble the Speaker of the General Assembly.
The petition of Thomas Orr, stating that he is a citizen of this State, and praying the alien duty charged under the third section of an act of Assembly passed the fifteenth of March last, upon his second importation of merchandize into this State, was read, and referred to the Collector of the Port, who was desired to report to Council thereon.
The Council met.
PHILADELPHIA, Monday, March 10th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Henry Hill, Abraham Smith,
Samuel Dean, John Baird,
Evan Evans, John Smilie,
Esquires.
James Read, Nathan Dennisen,
Frederick Watts, George Ross, and
Samuel Edie, Christopher Kucher, J
A letter from Phineas Bond, Esquire, (British Consul,) request- ing leave to attend Council that he may have an opportunity of
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suggesting certain matters relative to the laws of Pennsylvania, which appear to him worthy of notice, was read,
Ordered, That the Secretary inform Mr. Bond, Council will hear him on Wednesday next on the subject of his letter.
The petition of Peter Forsythe, convicted at the Court of Quar- ter Sessions for Lancaster county, of stealing a coat, and sentenced to one year's hard labour, and a recommendation from sundry in- habitants of the county, was read,
Ordered, That his fine and punishment at hard labour be remit- ted.
The further consideration of the charges against Caleb Davis, was postponed.
The following orders were drawn upon the Treasurer, vizt :
In favor of Colonel James Ross, for five hundred and thirty- one pounds eight shillings and three pence, payable out of the 'militia fines of the county of Lancaster, being the ballance due upon his account for his services and monies expended as Lieuten- ant of the saidcounty, from November the fifteenth, 1783, untill Sep- tember the fifteenth, 1787, according to the Comptroller General's report.
In favor of the Honorable James Read, Esquire, for fifty-one pounds, in full of his account for his attendance in Council from the second day of January, till the tenth day of March, 1788, the last included.
The Council met.
PHILADELPHIA, Tuesday, March 11th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice President.
Evan Evans, John Smilie,
James Read, Nathan Dennisen,
Frederick Watts,
George Ross,
Samuel Edie,
Samuel Dean,
Esquires.
Abraham Smith,
Christopher Kucher, and
John Baird, Henry Hill,
Upon the petition of Peter Savakee, convicted at the January Sessions of 1788, of an assault and battery upon George Werkbell, and fined in the sum of twenty shillings, praying remission of the said fine and to be released from his confinement :
Ordered, That the prayer of the petitioner be granted, so far as respects the fine due to the State.
The claim of Joseph Mitchell, to certain city lots and lands, in right of the original purchases of John Napper and Margaret
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Martindale, from William Penn, Esquire, was read, and referred to the Board of Property for their examination and report.
. Council resumed the consideration of the charges against Caleb Davis, Esquire, Prothonotary of the county of Chester, and upon a full and minute investigation,
Resolved, That the Board are of opinion, the proofs offered in support of the charges are not sufficiently authenticated to justify the removal of that officer.
An order was drawn upon the Treasurer in favor of the Honora- ble Nathan Dennisen, Esquire, for twenty-four pounds fifteen shil- lings, in full of his account for his attendance in Council from Febru- ary the eighth, until March 11th, 1788, inclusively.
The Council met.
PHILADELPHIA, Wednesday, March 12th, 1788.
PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President.
The Honorable PETER MUHLENBERG, Esquire, Vice President.
Evan Evans, John Smilie,
James Read, George Ross,
Frederick Watts,
Nathan Dennisen,
Samuel Edie, Christopher Kucher, and
Esquires.
Abraham Smith, Henry Hill,
John Baird,
The several fines imposed upon Michael Conner, John Otto, and William Wade, now confined at hard labour in the jail of this city, were remitted, upon their petition.
The petition of Joseph and Henry Rodgers, stating their claim to five thousand acres, with city lots and liberty lands appurtenant thereto, in right of the original purchase of Francis and George Rodgers, from William Penn, Esquire, first proprietor of Pennsyl- vania, was read.
Phineas Bond, Esquire, attended and was heard upon the sub- ject of his letter, presented to Council on the tenth instant, and after some time spent in conference, he was desired to state to the Board in writing, the several matters which may appear to him to be worthy of notice for the consideration of Council.
The Committee of Ways and Means, having requested a confer- ence with Council, touching some difficulties which have occurred in the examination of the statement of the finances by the Comp- troller General the same was agreed to, and the Committee notified to attend for that purpose, to-morrow at eleven o'clock, in the Coun- cil Chamber.
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The Council met.
PHILADELPHIA, Thursday, March 13th, 1788.
PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President.
Evan Evans, John Smilie,
James Read,
George Ross,
Frederick Watts,
Nathan Dennisen, "
Samuel Edie,
Christopher Kucher, and
Esquires.
Abraham Smith,
Henry Hill,
John Baird,
The petition of Mary Buchannan, convicted on two indictments for larceny, and sentenced to hard labor for six months, and a fine of eleven shillings and three pence was read.
Ordered, That the fine and punishment at hard labor be re- mitted.
The Committee of Ways and Means were introduced to Coun- cil. They informed the Board that considerable sums had been drawn from the Treasury without any appropriation, by the Leg- islature, and requested some information on this subject. They were informed Council would take into consideration what they had represented, and give them all the information they could.
The following orders were drawn upon the Treasurer in favor of the Honorable Francis Hopkinson, Esquire, for seventy-five pounds, being one quarter's salary due to him as Judge of the Court of Ad- miralty, ending the thirteenth instant.
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