USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XV > Part 33
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The Council met.
PHILADELPHIA, Thursday, April 3rd, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Henry Hill, Abraham Smith,
Samuel Dean, John Smilie,
George Ross,
Samuel Edie,
Esquires.
James Read,
The petition of Pheobe Douglass, convicted at the City Court held in October last, of larceny, and sentenced to a servitude of two years, was read.
Ordered, That she be sent to the House of Employment, untill delivered, and that the Jailor be directed to provide for her suitable accommodations and such things as arc absolutely necessary for ly- ing in, and to call on Council for payment
The petition of Frederick Fultz, belonging to the corps Invalid Guards, praying Council to grant him a discharge therefrom, in con- sideration of his particular circumstances, was read, and the prayer thereof granted.
Upon the petition of John Reynolds, praying remission of the several fines imposed upon him by the last Supreme Court, and a City Court held in February last, upon being convicted of two in- dictments for selling spirituous liquors without licence, in the jail of this city ;
Ordered, That the said fines be remitted.
Jacob Weaver, Esquire, was appointed and commissionated a Justice of the Peace and of the Court of Common Pleas, in and for the county of Philadelphia, upon a return made according to law, for the district of the township of the Northern Liberties.
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A petition from Thomas Armor, stating that in the year 1782, he became a joint purchaser with William Crispin, of a confiscated estate in York county, late of William Rankin, fof which he paid his proportion of purchase money, in State certificates, 10 Henry Osborne, late Escheator General, who is since absconded, and praying that his part of said estate may be confirmed to him by deed, or that his certificates be returned to him, was read and re- ferred to the Comptroller General, to make some inquiry concerning the said purchase, and report to Council.
A petition from several persons resident in the Northern Liber- ties, informing Council that there are a number of vacant lots lying north of the city of Philadelphia, which they conceive have become the property of the Commonwealth, under the Act of Assembly passed in November, 1779, for vesting the estate of the late Pro- prietaries in the Commonwealth, and suggesting to Council whether it would not be proper that they should be inclosed for public use, was read and referred to the Comptroller General, to make some inquiry respecting the said lots, and report to Council.
Council proceeded agreeably to the directions of the third section of the act of Assembly dated the twenty-eighth of March last, to the appointment of Commissioners for opening certain roads in the counties of Northampton and Luzerne, when John Nicholson, Henry Drinker, Tench Coxe, Mark Wilcox and Tench Francis were duly elected.
Ordered, That previous to the money appropriated by the said act, being paid to the said Commissioners, they be required to enter security in the sum of two thousand pounds, for the faithfull discharge of the trust reposed in them.
Appliation being made to Council to direct the repair of the artillery of this city, an estimate was furnished, amounting to ninety-eight pounds fifteen shillings, and it was agreed that the same be repaired, provided such repair does not exceed the said estimate.
The Council met.
PHILADELPHIA, Friday, April 4th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Dean, John Smilie, 1
James Read, John Baird,
George Ross, Samuel Edie, Ì Esquires.
Abraham Smith, Henry Hill,
Mr. Smith was appointed a member of the Board of Property.
The fine imposed upon James Johnston, for retailing spirituous liquors without licence, was remitted.
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The petitions of Hugh Mccutcheon and George Cooper, of the county of Lancaster, stating that two hogsheads of rum purchased by them, have been seized and condemned for a neglect to enter the same in due time with the Collector of Excise in the said county, and praying remission of that part of the forfeiture which belongs to the Commonwealth, were read, together with a recom- mendatory letter from Mr. Turnbull, the Collector ; thereupon,
Ordered, That the prayer of the petitioners be granted.
A letter from Francis Johnston, Receiver General, informing Council that one hundred and eight lots in Elder's district of de- preciation lands, were struck off to John Vanderen, sixty to Mor- decai Roberts, and one to John M'Mahon, for the use of the said John Vanderen, and it appearing that a commission of lunacy has been awarded against the said John Vanderen,
Ordered, That the said sales be set aside.
Upon the report of Francis Johnston, Esquire, Receiver General, of the persons "who are in arrear for purchase moncy, office fees and Deputy Surveyor's fees, in the respective depreciation dis- tricts,
Ordered, That the Receiver General be directed to inform those persons if they do not immediately appear and pay off their re- spective ballances, they will be proceeded against as the law di- rects.
The consideration of the case of John Brown, now under sentence of death in Montgomery county, was postponed until to-morrow.
The Council met.
PHILADELPHIA, Saturday, April 5th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Dean, John Smilie,
James Read, John Baird,
George Ross, Samuel Elie, and
Esquires.
Abraham Smith, Ilenry Hill,
On motion,
Resolved, That the Comptroller General be directed to State to the Supreme Court the case and situation of the debt forfeited to the Commonwealth, by the attainder of Michael Conner, and paid into the Treasury by John Duffield, and that he move the said Court, that judgment be stayed untill the merits of the same be interpleaded before them.
An order was drawn upon the Treasurer in favor of the Honora- ble George Ross, Esquire, for twenty-four pounds, in full for his
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SUPREME EXECUTIVE COUNCIL.
attendance in Council, from the fifth day of March untill the fifth day of April, 1788, inclusively.
An order was directed to issue upon the Treasurer in favor of James Elliot, for twenty pounds five shillings, amount of his ac- count for eighteen weeks' boarding of John Franklin, a State pri- soner, now in the jail of this city, on a charge of high treason, according to the Comptroller General's report.
The consideration of John Brown's case was postponed until Council receive some information from the Judges.
The Council met.
PHILADELPHIA, Monday, April 7th, 1788. PRESENT :
'T'he Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Dean,
Samuel Edie,
James Read,
John Smilie, and
Abraham Smith,
Henry Hill,
Esquires.
John Baird,
A letter from the Surveyor General, dated November the twen- ty-ninth, 1787, was read, whereupon,
Resolved, That the Surveyor General be informed that the fees of two shillings and six pence each, paid by the Deputy Surveyors on each survey, as mentioned in his letters, are not payable into the Treasury of the State, neither can they be retained by the Survey- or General, as a salary officer, and that therefore they ought to be restored to those Deputys who have paid them.
The fine due to the State, and punishment at hard labour, to which Sarah Pearson was sentenced by the General Court of Quar- ter Sessions and Jail Delivery, held in Montgomery county, on the twenty-seventh of March, 1787, upon being convicted of larceny, was remitted, upon her petition and a recommendation in her fa- vor.
Council went into the consideration of the case of John Brown, under sentence of death in the jail of the county of Montgomery, for burglary, and having received a letter from the Judges contain- ing information respecting him from which no favorable circumstan- ces appear ; thereupon,
Ordered, That a warrant under the less seal of the State, be now issued, commanding the Sheriff of the county of Montgomery to execute the sentence of the court, upon the said John Brown, on Saturday the twelfth day of this month, between the hours of ten and two of the clock of the same day, at the usual place of execu- tion.
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Council having received information that Thomas Rees, one of the sureties for Jacob Auld, Collector of Excise in the county of Montgomery, has moved out of the said county ; thereupon,
Ordered, That Mr. Auld be required to enter with the Treasurer of the State new security for the faithful discharge of the duties of his office.
The Council met.
PHILADELPHIA, Tuesday, April 8th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Edie, Abraham Smith,
John Baird,
Samuel Dean,
John Smilie, Esquires.
Upon the petition of Jaret Boyd, and a recommendation in his favor from divers inhabitants of the county of Bucks,
Ordered, That the fine due to the Commonwealth from the said Jaret Boyd, upon his being convicted at the last Court of General Quarter Sessions of the Peace of Bucks county, of retailing spi- rituous liquors without a licence for so doing, be remitted.
A letter from William Moore Smith, attorney for Anna Culbert- son and John Mulhallen, defendants in two ejectments brought by John Dunn, lessee of James Delany, and Margaret his wife, inform- ing Council that he has appeared to prevent judgment being ob- tained against the defendants, who hold, under the Commonwealth, certain lands in Northampton county, late of Andrew Allen, an at- tainted traytor, and that as the State is alone interested in the event of the suit, he conceived it incumbent on him to give Council this information, that measures may be taken to defend the right of the Commonwealth, was read and transmitted to the Attorney Gene- ral, who was desired to inform Council as soon as may be what steps are necessary to be taken by Government in this business.
Upon a letter from the Commissioners of the county of Berks, requested Council to give orders for the removal of a certain Jacob Livergood, junior, who hath been convicted of uttering counterfeit money in the county aforesaid, and sentenced to two years' hard labour, &ca.,
Ordered, That a warrant under the less seal of the State, be now issued for removing the said Jacob Livergood, jun'r, from his present confinement in the jail of the county of Berks to that of the city and county of Philadelphia.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Wednesday, April 9th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Dean, James Read, Samuel Edie, and
John Baird,
Abraham Smith,
Henry Hill,
Esquires.
John Smilie, )
A letter from the Comptroller General, stating that he has stopped a certificate for depreciation of pay of Michael Ryan, pre- sented by Robert Ross ; that application is made for it by Robert. son and Smith; that it is signed by Abraham Dubois and William Goforth, who were only authorized to settle with the regiment of artillery ; for this and other reasons mentioned in his letter, he has detained this certificate, and wishing the directions of Council, was read; whereupon, Council examining the minutes and finding the said Abraham Dubois and William Goforth were not autho- rized to grant such certificates,
Ordered, That the Comptroller General keep the said certificate, unless compelled by law to deliver it up.
An order was drawn upon the Treasurer in favor of the Mana- gers of the House of Employment, for thirty-two pounds six shil- lings, payable out of the sum of one hundred pounds, granted by act of Assembly dated the twenty-eighth day of March last, for the relief of James McManus, an invalid, being in full of their account for supplies of provisions and clothing furnished to him from the twenty-fifth of September last to the present time, ac- cording to the Comptroller General's report.
Upon the petition of Elizabeth Elliott,
Ordered, That the fine of ten pounds to which she was sentenced by the last Court of Quarter Sessions of the Peace of the county of Philadelphia, upon being convicted of keeping a tipling house be remitted.
'The petitions of Timothy Matlack, Esquire, William Sheaf, James Pearson, and George and William Hunter, stating in behalf of themselves and others, divers claims to city lots, &ca., under several original purchases from William Penn, Esquire, the first proprietary of Pennsylvania, were read and referred to the Board of Property, for their examination and report.
An order was drawn upon the Treasurer in favor of Benjamin Lodge, for one hundred and thirty-one pounds ten shillings, bal- lance due upon his account for surveying the fifth district of dona- tion lands.
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The Council met.
PHILADELPHIA, Thursday, April 10th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Pre- sident.
Samuel Dean, James Read, Samuel Edie,
Abraham Smith, and
Esquires.
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable Samuel Dean, Esquire, for seventeen pounds five shillings, in full for his attendance in Council from March the nineteenth untill April the tenth, 1788, inclusively.
In favor of Colonel James O'Harra, or order, the sum of three hundred and seventy-five pounds, in part of seven thousand dollars which, on the tenth day of January, 1788, Council agreed to pay him, for supplying the troops in the western country with provi- sions, for which sum he is to account. This sum to be charged to the United States.
In favor of William Ferguson, guardian of the minor children of Michael Campbell, deceased, for seventy-seven pounds ten shil- lings, being due for their pension of the fifth of December, 1787, according to the Comptroller General's report and an act of Assem- bly dated the twentieth of March, 1780.
In favor of the widow of Lieutenant William Houston, deceased, for one hundred and fifty pounds, being due for her pension untill the twentieth day of January, 1788, according to the Comptroller General's report and an act of Assembly dated March the first, 1780.
Several memorials containing and stating claims to city lots, &ca., under original purchasers, being now before the Board, and as the period limitted by law for making these claims is nearly expired, and Council not having it in their power to go immediately into an investigation of the whole; therefore,
Resolved, That all such claims as are now entered shall lay over for their future investigation and determination, and for such claims as shall then be established warrants shall issue from the date of the application.
Resolved, That Thursday, the seventeenth day of this month, be appointed for going into the consideration of the claims afore- said, and that the Attorney General and the Land Officers be re- quested to attend Council while engaged in this business.
The petitions of Richard Peters, Esquire, of John Taylor and Rebecca, his wife, and Hopkins, by their attorney, Samuel Morris, of John Penn, Jun'r, and John Penn, by their attorney, Tencb Francis, and of Anthony Cuthbert, Mary Jenkins, Thomas . Mason, and William Carter and Mary, his wife, stating their seve-
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SUPREME EXECUTIVE COUNCIL.
ral claims to city lots, &ca., under original purchasers, were re- ceived and read, and referred to the Board of Property for their examination and report.
Upon the petition of James Lawson, of Franklin county, in be- half of his servant, John Hollan, alias Moody, who hatlı been con- victed of larceny in the county of Chester, praying remission of the sentence of the court for the said offence,
Ordered, That the fine due to the State and punishment at hard labour to which the said John Hollan, alias Moody, was sentenced, be remitted.
The proposals of John Skinner for making a good and sufficient road from this side of Sideling hill to the opposite side of Ray's hill, in the county of Bedford, in the following manner, that is to say, all that part of the State road that lays between the mouth of the road that leads from the State road, on the east side of Side- ling hill, to Colonel Ashman's Iron Works, the nearest and best way to the top of Sideling hill, and so on to the west side of Ray's hill, as far down as a large hickory tree, standing down said hill about two hundred rods from the top, the distance supposed to be about eight miles, to be not less than twelve feet wide in the dug places and among the rocks, the waters in general to run on the hill side, the passes to be sufficient for three waggons to draw off to one side for others to pass by, not more than twenty rods dis- tance from one another, and all the other ground between to be not less than twenty feet wide. All which work to be compleated on the last day of November, for the sum of five hundred pounds in gold or silver, or other good current money with the merchants of this State, three hundred pounds whereof to be advanced to him before he begins the said work, were read, and accepted by Coun- cil.
The Council met.
PHILADELPHIA, Friday, April 11th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Dean, John Baird,
Abraham Smith, James Read, and
Esquires.
John Smilie, Henry Hill,
Samuel Edie,
An order was drawn upon the Treasurer in favor of John Skin- ner for three hundred pounds, being in part of the sum of five bun- 'dred pounds which is payable to him upon the execution of his contract, entered into yesterday with the Commonwealth, for
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MINUTES OF THE
making a good and sufficient road from this side of Sideling hill to the opposite side of Ray's hill, in the county of Bedford.
A certificate from Edward Burd, Esquire, that Messieurs Thomas Fitzimmens and John Donaldson, of this city, merchants, hath entered sufficient security to prosecute with effect an appeal from the settlement of the accounts of John Mitchell, contractor for the State Navy in the years 1776 and 1777, was read, and the said appeal allowed.
The petition of Joshua Elder, respecting the settlement of his accounts as late Sub-Lieutenant of Lancaster county, was read, and referred to the Comptroller General.
-
The Council met.
Saturday, April 12th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Dean, Samuel Edie,
Abraham Smith, James Read, and
John Smilie, John Baird, - Esquires.
A letter from John Nice, Esquire, inclosing his commission as Major of the second battalion of the militia of the county of Phil- adelphia, informing Council of his intention to remove himself and family to the Susquehanna river, and praying leave to resign his said commission, was read, and his resignation accepted.
Council being informed that the Sheriff of the county of Mont- gomery has been opposed in the execution of the warrant issued . from this Board on the seventh instant, in the case of John Brown, and the time allowed in the said warrant being in the opinion of Council too short; thereupon
Ordered, That a warrant under the less seal of the State be now issued, for extending the time of the execution of the sentence of the court upon the said John Brown until six o'clock in the evening of this day, which warrant the Sheriff of the said county is commanded to execute at his peril, and if further opposition be given that he call in the aid of the good people of the county aforesaid.
The petition of John Logan, convicted of a misdemeanor in har- bouring a person who had made his escape from the jail of this city, was read, and referred to the Attorney General, who was re- quested to inform Council whether any favorable circumstances appeared upon the trial of the petitioner.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Monday, April 14th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- lent.
John Smilie, and
Samuel Edie, John Baird, James Read, Esquires.
Abraham Smith,
Upon the application of Charles Hellstedt, Esquire, Swedish Consul, requesting that Council would be pleased to direct the pub- lication of a letter which he has received from one of his Swedish Majesty's principal Secretaries of State, informing him of the strict neutrality which his Swedish Majesty has thought proper to adopt at this time when a war is kindling between the Court of Russia and the Ottoman Porte, and directing him to make the same known to all Swedish subjects who may be within his department, and to forbid them to take any part directly or indirectly in any enter- prises against merchant vessels of the two Empires.
Ordered, That the said letter be published.
On motion,
Ordered, That the Collector of the Port of Philadelphia be di- rected to furnish Council as soon as may be, with a statement of all monies now due in his office for impost.
The consideration of Mr. Peters' application for a warrant for Liberty land in right of an original purchase, was postponed until Thursday next.
The Attorney General made report upon the case of John Logan, the consideration of which was postponed.
The Council met.
PHILADELPHIA, Tuesday, April 15th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Edie, John Baird, Henry Hill,
James Read, and 1
Esquires.
Abraham Smith,
Upon application of Captain Joseph Stiles, superintendant of the Gunpowder Magazine, informing Council that a vessel has arrived in this port with gunpowder, and that as the said Magazine is now full, praying the licence of Council to store the same in a small
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MINUTES OF THE
frame house nearly adjoining the Magazine commonly called " The Guard House."
Ordered, That the Secretary inform Captain Stiles, that he bas the permission of Council to use the said Guard House, for the purpose of storing the gunpowder before mentioned.
Two orders were drawn upon the Treasurer, vizt :
In favor of the Honorable Jacob Rush, Esquire, for one hundred and fifty pounds, being one quarter's salary due to him as one of the Judges of the Supreme Court of this State on the eighteenth of March last. And in favor the Honorable William Augustus Atlee, Esquire, for one hundred and fifty pounds, being one quarter's sala- ry due to him as a Judge of the same Court, on the twenty-fitth of the same month, according to the' Comptroller General's report.
A deed was signed by the Honorable the Vice President, bear- ing date this day, conveying to Michael Gunkle, in fee simple, four lots of ground marked and numbered ten, eleven, twenty-five and twenty-six, being part of the ground whereon the Barracks lately stood-sold for the sum of four hundred and forty pounds, which has been paid into the Treasury as appears by a certificate from one of the Commissioners for the sale of the Barracks.
Council took into consideration the petition of John Logan, now confined in the jail of this city, together with the report of the At- torney General in his case ; and thereupon,
Ordered, That the punishment of hard labour to which he was sentenced by a Court of Oyer and Terminer held at Philadelphia, on the 12th of February last, upon being convicted of a misde- meanor in harbouring and maintaining a certain Robert Waterman, a felon, be remitted.
The Council met.
PHILADELPHIA, Wednesday, April 16th, 1788.
PRESENT :
The FIonorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
James Read, and -
Samuel Edie, John Baird, John Smilie, Esquires. Abraham Smith, On motion,
Ordered, That the order of Orphans' Court, in favor of the chil- dren of William Shippen, and the other papers relating to that busi- ress, be transmitted to the Attorney General in order that they may be laid before the Supreme Court.
Samuel Caldwell, Esquire, appointed by Council on the twenty- second of March last, to be Collector of Tonnage, in the room of
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SUPREME EXECUTIVE COUNCIL.
John Bayntou, Esquire, now offered David Kennedy, Esquire, Secretary of the Land office, as his security for the faithfull dis- charge of the duties of his office aforesaid, who was accepted by Council.
The Council met.
PHILADELPHIA, Thursday, April 17th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Edie, Samuel Dean,
John Baird, John Smilie, and -- Esquires.
Abraham Smith, Henry Hill,
James Read,
A letter from the Secretary at War of the fifteenth instant, men- tioning the necessity of the Commissioned officers to the quota of this State, being soon appointed, was read ; and thereupon,
Resolved, That to-morrow Council will appoint the said offi- cers.
The following orders were drawn upon the Treasurer, vizt :
In favor of Matthew M'Clung, for twenty-six pounds six shil- lings, State money, of the emission of April, 1781, in full for prin- cipal and interest due upon his certificate for a horse furnished by him for public use, according to the Comptroller General's, report and resolution of Assembly dated the eighth of April, 1782.
In favor of Anthony Wright, for sixteen pounds one shilling and six pence, to enable him to procure the necessary articles to equip the regiment of Artillery belonging to the city, for exercising on the ensuing muster days, for which sum he is to account, to be paid out of the monies arising from militia fines in the city and county of Philadelphia.
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