USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XV > Part 35
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Upon consideration of the petition of John Henry Fisch, and a recommendation from the Jury accompanying the said petition,
Ordered, That the fine due to the State, and the punishment at hard labour, to which he was sentenced by the last City Court upon being convicted of larceny, be remitted.
Council being informed by the Superintendant of the Magazine, that the said Magazine and the Guard House near the same, are not sufficient to contain all the gun powder that has been lately imported; and the Board apprehending that the safety of the city may be endangered by storing the same in wooden buildings,
Resolved, That the advice and opinion of the Chief Justice, and such other Judges as may be in town, be requested in this busi- ness, and a letter was accordingly written to the Chief Justice by the Vice President.
Captain James McLean presented to Council a return of cloath- ing, wanted for the Corps of Invalid Guards, under his command, and requested directions from Council to purchase the same ; where- upon,
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Resolved, That an order issue to the Treasurer in favor of Cap- tain MeLean, for the sum necessary to purchase the said cloathing, and that the same be deducted out of the pensions of the said in- valids.
The Council met.
PHILADELPHIA, Saturday, May 3rd, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Henry Hill,
John Baird,
Samuel.Dean, Samuel Edie,
Abraham Smith, John Smilie,
James Read,
Esquires.
An order was drawn upon the Treasurer in favor of the Hon- orable John Baird, for fifty-three pounds five shillings, in full of his account for his attendance in Council from the twentieth day of February, until the thirtieth day of April, 1788, inclusively.
Council baving taken into consideration the act of Assembly passed on the third of March, 1788, intituledjA supplement to an act intituled An Act for raising, by way of lottery, the sum of forty-two thousand dollars, for improving the public roads leading from the city of Philadelphia to the western parts of this State, and towards improving the navigation of the river Schuylkill,
Resolved, That in compliance with the law, that part of the Lan- caster road called Jones's lane shall first be repaired, or altered, as specified in the said act; and that to enable Council to Judge with more precision on the measures necessary to be taken, they request John Jones, Esquire, and Messieurs John Curwin, Thomas Roberts, Paul Jones, Abel Thomas, Thomas Cochran and John Ruyter, or a majority of them, to view the said road called Jones's lane, and to report to Council what repairs or alterations, in their opinion, are necessary, together with an estimate of the probable amount of the sum necessary to defray the expence.
An order was drawn upon the Treasurer in favor of Colonel Cle- ment Biddle, for seventy-five pounds eleven shillings and five pence, in full of his account for rations supplied the Invalid Corps from February the first until April the thirtieth, 1788, inclusively, ac- cording to the Comptroller General's report.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Monday, May 5th, 1788 PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Henry Hill,
John Smilie,
Samuel Dean,
Samuel Edie,
Abraham Smith,
James Read, and
John Baird, David Redick, (now returned )
The Comptroller General's report upon the account of Captain Joseph Stiles, Commissary of Military Stores, from October, 1785, until March, 1788, was read and approved.
The petition of William Cole, praying remission of the fine and punishment at hard labour, to which he was sentenced by the Court of Oyer and Terminer and Jail Delivery of the county of Phila- delphia, was read and dismissed.
The Comptroller General laid before Council a statement of the account of expences of the State House yard for the year 1787, from which it appears that a ballance of three pounds and six pence remains in the hands towards the further improvement of the said yard in the present year.
Resolved, That Council approve of the said account.
The Council met.
PHILADELPHIA, Tuesday, May 6th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Dean,
David Redick,
Abraham Smith, Samuel Edie,
James Read,
John Baird, and
Esquires.
John Smilie,
Henry Hill, --
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable James R. Reed, Esquire, for three hundred and fifty pounds, in advance, for his pay as a Delegate from this State to Congress, for which sum he is to account.
. In favor of the Honorable Samuel Dean, Esquire, for nineteen pounds ten shillings, in full for his attendance in Council from the eleventh day of April, until the sixth day of May, 1788, inclu- sively.
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Two certificates of the division of Cumberland and Morgan townships, and of the township of Donegal, in the county of Wash - ington, by the Court of General Quarter Sessions of the Peace of the said county, in order for the more convenient election of Justi- ces of the Peace, were received, read, and
Ordered, To be filed.
Samuel Glasgow, Esquire, was appointed and commissionated a Justice of the Peace, and a Justice of the Court of Common Pleas in and for the county of Washington, upon a return made according to law, for the district of the township of Hanover.
Upon consideration of the complaint of George Smithers, against James Nesbitt and Benjamin Carpenter, Esquires, two of the Justi- ces of the Peace in the county of Luzerne :
Ordered, That the Secretary write a letter to Timothy Pickering, Esquire, requesting him to make some inquiry respecting the con- duct of the said Justices in the case of George Smither, and report to Council.
Council took into consideration the resolution of the General Assembly passed the twenty-seventh day of March, 1788, directing Council to take the most proper and effectual measures to ascertain the quantity and quality of each particular tract of land claimed by Pennsylvania owners in the townships of Salem, Newport, Han- over, Wilkesbarre, Pittstown, Northmoreland, Putnam, Mishoppen, Springfield, Claverick, Ulster, Exeter, Kingston, Plymouth, Hun- tingJon, Bedford, and Providence, in the county of Luzerne; and thereupon,
Resolved, That the Surveyor General be requested to furnish Council with a copy of all the drafts of lands held in the aforesaid townships and county of Luzerne by Pennsylvania claimants, and which have been returned into his office.
The Council met.
PHILADELPHIA, Wednesday, May 7th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Henry Hill,
James Read,
Samuel Dean,
David Redick,
John Baird.
John Smilie, and
Abraham Smith,
Christopher Kucher, (now returned.)
A remonstrance from a number of frecholders residing in the district of the townships of Kennett, East and West Marlbor- ough, in the county of Chester, against an election of Justices of
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SUPREME EXECUTIVE COUNCIL.
the Peace held in the said district on the twentieth day of December last, was read, and an order taken that William Clingan, John Cul- bertson, and Isaac Taylor, Esquires, Justices of the Peace in and for the county aforesaid, living near the said district, be authorized and directed to investigate the facts stated in the said remonstrance, upon the oaths of such witnesses as may be adduced, and make re- port thereof to this Board, in manner and form prescribed in and by an act of the General Assembly intituled An Act to remedy the defects of the several acts of Assembly heretofore made for regulating the elections of Justices of the Peace throughout this State, &ca.
Upon application of the Board of Property,
Ordered, That a letter be written to the Governor of Virginia, requesting that his Excellency will be pleased to direct to be made cut and transmitted to Council, copies of all such acts of the Le- gislature of Virginia which in any way relate to the lands situate within the limits of this State, near and adjoining the boundary line which divides this State from that of Virginia, in order the better to enable the Board of Property of this State to determine the rights of certain persons to some of the said lands.
The Council met.
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PHILADELPHIA, Thursday, May 8th, 1788.
PRESENT :
· The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Dean, John Baird,
Abraham Smith, Christopher Kucher,
Samuel Edie, David Redick, and
John Smilie,
Esquires. Henry Hill, James Read,
Jacob Harsel and Michael Oswald, Esquires, were appointed and commissionated Justices of the Peace, the former for the district of Turkey Foot, and the latter for the district of Londonderry, in the county of Bedford, upon returns made according to law.
Jacob Harsel and Michael Oswald, Esquires, were also appointed and commissionated Justices of the Court of Common Pleas in and for the county aforesaid.
Upon the petition of John Chesnut, and a recommendation from the Justices of the Court of Quarter Sessions of the Peace of Cum- berland county,
Ordered, That the fine of ten pounds, which was adjudged by said court to be paid by the said John Chesnut to the use of the Commonwealth, upon his being convicted of fornication, be re- mitted.
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Upon the petition of George Everson and Edward Allen,
Ordered, That the fines and punishment at hard labour, to which they were sentenced by the Court of Quarter Sessions of the Peace for the city and county of Philadelphia, the former for re- ceiving stolen goods, knowing them to be such, and the latter for tealing four false tails, be remitted.
The Council met.
PHILADELPHIA, Friday, May 9th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Dean,
John Baird,
Abraham Smith, Christopher Kucher, i
John Smilie, David Redick, and Esquires.
Samuel Edie,
Henry Hill,
James Read,
On motion,
Ordered, That Joseph Wharton and William Masters, Esquires, two of the Justices of the Peace in and for the city and county of Philadelphia, be appointed and commissionated Justices of the Court of Common Pleas of the said city and county.
A letter from the Surveyor General, dated yesterday, relative to the measures necessary to be taken for carrying into execution the resolution of Assembly of the twenty-seventh of March last, for ascertaining the quantity and quality of land in Luzerne county claimed by Pennsylvania owners, was read.
'T'he petition of Mary O'Brian, in behalf of her husband, James O'Brian, who was convicted at the Court of General Quarter Ses- sions of Chester county of horse stealing, praying a pardon, was read, and dismissed.
A letter from the Honorable Thomas Mckean and George Bry- an, Esquires, two of the Judges of the Supreme Court, dated yes- terday, in answer to Council's letter of the second instant, contain- ing their opinion, that as the Magazine will not contain all the gunpowder in the city, and no other place being provided by law for storing it, Council have power to direct that the surplus pow- der be kept in some safe place, at a distance from any dwelling, so as not to endanger the houses and lives of the inhabitants, and that they apprehend such a place may be more convenient near the river Delaware, cither above Kensington or below Southwark, was read.
At the same time was received and read, the opinion of the said Judges in the case of John Rheiner, which was submitted to their consideration, to wit : "That the money arising from the sale of
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one hundred barrels of flour, which, on the fifth day of May last, Council resolved to remit to the said Rheiner, but which was after- wards paid into the Treasury, ought now to be paid to the said John Rheiner ;" whereupon, ·
Resolved, That Council approve of the foregoing report of the Judges.
On consideration,
Ordered, That the Treasurer be directed to pay to John Rheiner the sum of one hundred and seventy-two pounds seven shillings and six pence, being the amount of the money arising from the sale of one hundred barrels of flour before mentioned.
Ordered, That the Secretary give notice to Captain Joseph Stiles, superintendant of the magazine of gunpowder, to attend Council to-morrow at eleven o'clock.
The Council met.
PHILADELPHIA, Saturday, May 10th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Dean, John Baird,
Henry Hill, Christopher Kucher, ?
Abraham Smith, David Redick, and
John Smilie,
Esquires. James Read, Samuel Edie,
An order was drawn upon the Treasurer in favor of the Honor- able Henry Hill, Esquire, for one hundred and twenty-nine pounds, for attendance in Council from the first of November, 1787, until the last day of April, 1788, inclusive, deducting ten days' absence.
Upon the petition of Robert Heney, accompanied by a recom- mendation from three of the Justices of the Court of General Quarter Sessions of the Peace of the city and county of Phila- delphia,
Ordered, That the fine to which he was sentenced by the said court, upon being convicted of an assault and battery upon a cer- tain Samuel Harvey, be remitted.
Captain Joseph Stiles, Commissary of Military Stores, and Su- perintendent of the Magazine of Gunpowder, attended, agreeably to notice, and received instructions from Council to procure a suitable place, on reasonable terms, either above Kensington or below Southwark, for the purpose of storing such gunpowder as the magazine will not contain.
VOL. XV .- 30.
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The Council met.
PHILADELPHIA, Tuesday, May 13th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
James Read, David Redick,
Henry Hill, John Baird,
Samuel Edie, John Smilie, and
Samuel Dean,
Christopher Kucher,
SEsquires.
Abraham Smith,
'Two petitions from John Hazlewood, Esquire, stating some extra expences incurred in the year 1778, while he had the command of the State Navy, and as Commissioner of Purchases for this city in the year 1780, which expences the Comptroller General has not passed to his credit, and praying to be re-imbursed for the same, was read, and referred to the Comptroller General for his examin- ation and report thereon.
. A report from Colonel William Henry, Lieutenant of the city and Liberties of Philadelphia, inclosing sundry papers relative to a late disputed election of a Captain in the seventh battalion of militia of the said city and Liberties, upon a vacancy occasioned by the removal of Captain Peter Paulus out of the State, was read, and an order taken that the said papers be referred to the said Lieutenant, to take such order thereon as the laws will warrant.
The following list of witnesses to be examined, touching the irregularities complained of at an election of Justices of the Peace, held on the fourteenth of April, in the districts of the townships of Colebrookdale, Earl, and Oley, in Berks county, was laid before Council, vizt :
Jacob Gerber, Inspector. Daniel Yoder, ? Judges.
Matthias Roth, S
Jacob Eisenhower, jun'r, Thomas Walker,
Charles Miller,
John Handwerk, John Coultern, Michael Kuser, and
John Romich, John Richards, Valentine Honnetter.
Thomas Walker,
Upon which it was
Ordered, That the Secretary transmit the same to John Otto, Jacob Weaver, and Paul Groskup, E-quires, Justices appointed on the twenty-first of April, to investigate the complaint aforesaid.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Wednesday, May 14th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Dean,
Abraham Smith,
Henry Hill,
John Baird,
James Read,
John Smilie, and
Esquires.
Samuel Edie,
Christopher Kucher,
David Redick,
An order was drawn upon the Treasurer in favor of the Honor- able William Irvine, for one hundred and sixty-eight pounds, being the ballance due upon his account for his attendance in Congress as a delegate from this State, from the tenth day of December, 1787, untill the twenty-fifth day of May, 1788, inclusively, and his mile- age, according to the Comptroller General's report.
A letter from Charles Thomson, Esquire, Secretary, inclosing a state of the representation in Congress during the months of March and April last, was read, and an order taken that the said letter and inclosures be transmitted to the General Assembly at their next meeting.
The following orders were drawn upon the Treasurer, vizt :
In favor of Valentine Hoffman, for forty-nine pounds three shil- lings and three pence; in favor of Christian Beackley, for thirty- six pounds ; and in favor of Messieurs Jervis and Morrell, for thirty pounds fourteen shillings and three pence, being the amount of their several accounts for Iepairs done to the cannon carriages belonging to the Artillery battalion of this city, according to the Comptroller General's report, payable out of any unappropriated money in the Treasury.
Upon consideration of the resolution of the General Assembly, dated March the twenty-seventh, 1788, authorizing and directing Council to take the most proper and effectual measures to ascertain the quantity and quality of each particular tract of land included within the townships of Salem, Newport, Hanover, Wilkesbarre, Pittston, Northmoreland, Putnam, Mishoppen, Springfield, Clav- erick, Ulster, Exeter, Kingston, Plymouth, Huntingdon, Bedford, and Providence, in the county of Luzerne, and claimed by Penn- sylvania owners, to be reported to the General Assembly, at their next sitting, to enable the House to decide upon the compensation to be made to such owners.
Resolved, That Stephen Balliet, Esquire, and Major William Armstrong, be appointed Commissioners to repair to the county of Luzerne, to view and examine the lands before described, and make
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report to Council, agreeably to the purport of the said resolution of Assembly, and that each of the said Commissioners be allowed the sum of sventeen shillings and six pence, for every day they are employed in the said business, which allowance is to include their expen ces.
Upon application of Major William Armstrong,
Resolved, That his pay as a Surveyor and Contractor for provi- sions, &ca., for the Commissioners who were employed last year in running and marking the Northern boundary of this State, com- inence on the tenth day of March, 1787.
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Council Chamber.
PHILADELPHIA, Thursday, May the 15th, 1788.
PRESENT :
The Honorable James Read, Samuel Dean, Abraham Smith, Christopher Kucher,
Samuel Edie, John Baird, and Esquires. John Smilie, David Redick,
The Council met.
PHILADELPHIA, Friday, May 16th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Henry Hill, Samuel Dean,
James Read, Christopher Kucher,
Abraham Smith, John Baird, and Esquires. Samuel Edie, David Redick, John Smilie,
The following orders were drawn upon the Treasurer, vizt :
In favor of Abraham Morrow, for the sum of forty pounds, pay- able out of the money arising from militia fines in the county of Philadelphia, towards defraying the expence of repairing the pub- lic arms belonging to the said county, for which sum he is to ac- count.
In favor of Captain Joseph Stiles, for two hundred and eighty- nine pounds eight shillings and ten pence, ballance due upon his account as Commissary of Military Stores, according to the Comp- troller General's report of the twenty eighth of last month.
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In favor of George Flake, Junior, for seventeen pounds six shil- lings and eight pence, payable out of any unappropriated money in the Treasury, being in full of his account for painter's work done to the cannon carriages belonging to the Artillery of this city, according to the Comptroller General's report.
In favor of Captain William Mackee, for one hundred and eighty- nine pounds, and four hundred and seventy-one pounds, amount of his pension from the first day of January, 1781, until the first day of May, 1788, according to the Comptroller General's report, and an Act of Assembly dated the twenty-second of September, · 1785.
In favor of the widow and children of Henderson Murphy, de-" ceased, for one hundred and fifty-nine pounds thirteen shillings.
The widow and children of Henry Fanthinger, for eleven pounds five shillings.
The widow and children of James Henry, for eleven pounds five shillings.
The widow and child of Hugh Scelly, deceased, for one hundred and twenty-nine pounds six shillings and three pence, and in favor of the widow and child of Richard Delapt, deceased, for eleven pounds five shillings, all late of the county of Bedford militia, the said sums being in part of the pensions due to the said widows and children, according to the Comptroller General's report, and an Act of Assembly dated the twentieth day of March, 1780, payable out of the monies arising from militia fines in the county of Bedford.
The Council met.
PHILADELPHIA, Saturday, May 16th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Pre- sident.
Samuel Dean, John Smilie,
Henry Hill, Christopher Kucher, Esquires.
Samuel Edie, David Reddick, and
Abraham Smith, John Baird,
The Comptroller General's report upon the account of Messieurs Kline and Reynolds, for printing work done for Colonel George Gibson, Lieutenant of the county of Cumberland, was read and approved, and an order directed to issue in their favor for the sum of twenty-six pounds thirteen shillings and nine pence, amount thereof payable out of the militia fines of the said county of Cum- berland.
A deed was examined and signed by the Vice President to Isaac Franks, conveying to him in ffee simple, five city lots numbered
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from 1635, to 1639, inclusive, situate on the north side of Arch street, and on the east side of Seventh street from Schuylkill, con- taining in breadth on Arch street, altogether, two hundred and forty- seven and a half feet, and in length or depth, two hundred and eighty-eight feet. Deed dated this day.
The above mentioned lots were sold at public auction in January, 1782, to Haym Solomon, who, (together with Rachel, his wife,) on the second day of January, 1783, released all his right in the said lots unto the said Isaac Franks.
A letter from Charles Thomson, Esquire, dated the twelfth of . this month, inclosed an Act of Congress of the eighth instant, res- pecting the final settlement of the public accounts, as far as they relate to the late Quarter Master's, Commissary's, Hospital, Marine, and Cloathing departments, and appointing Commissioners to settle the said accounts, and to commence suits against all persons in any of the said departments, who stand chargeable with public monies, and whose accounts shall not be rendered for settlement within four months from the date thereof, was read, and an order taken that the said Act of Congress, be published for the information of all concerned in this State.
Two orders were drawn upon the Treasurer in favor of Andrew Ellicott, Esquire, for one hundred and twenty-nine pounds six shillings and five pence, and for one hundred and ninety-seven pounds eighteen shillings and ten pence, amounting to the sum of three hundred and twenty-seven pounds five shillings and three pence, for which an order was granted him by Council on the nine- teenth of December, 1787, for his services as one of the Commis- sioners appointed to run and mark the Northern boundary of this State, from May the first untill November the twenty-fourth, 1787, and for his travelling charges, which is now divided into two orders, to accommodate Mr. Ellicott.
The Council met.
PHILADELPHIA, Monday, May 19th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Henry Hill, Samuel Dean,
James Read, Christopher Kucher,
Abraham Smith, John Baird,
Esquires.
Samuel Edie, David Reddick, and
John Smilie, George Ross, 7
A letter from Andrew Lytle, with the report of Daniel Brod- head, John Otto, Thomas Dundas and Daniel Levan, Esquires,
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appointed by Council to examine into the complaints made against Mr. Lytle, being read, and it appearing the charges for neglect of duty, &ca., were not supported ;
Ordered, That the Surveyor General be informed the re-ap- pointment of Mr. Lytle would meet the approbation of Council.
Council reconsidered their resolution of the fourth of December last, in which they directed that no Deputy Surveyor ought to hold districts in different counties, and finding inconveniencies arising from the said resolution ;
Resolved, That the said resolution, so far as respects the prohi- bition against Deputy Surveyors holding districts situate in differ- ent counties, be recinded.
The Council met.
PHILADELPHIA, Tuesday, May 20th, 1788. PRESENT :
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