USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XV > Part 37
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The Council met.
PHILADELPHIA, Saturday, June 14th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Henry Hill James Read,
Samuel Dean, Christopher Kucher, and
Esquires.
Abraham Smith, David Redick,
George Ross,
A letter from James Findley of Westmoreland county, request- ing Council to accept his resignation of his offices of Justices of the
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Peace and of the Court of Common Pleas of the said county, was read; and thereupon it was
Resolved,. That the said resignation be accepted.
Council resumed the consideration of the letter from the Dele- gates of this State, and the act of Congress inclosed therein, which were received on the twelfth instant, respecting a survey to fix the boundary and determine the quantity of land within the territory adjoining the northern boundary of this State, belonging to the United States, and authorizing the Board of Treasury of the United States to sell the said land, in whole, at private sale, for a price not less than three-fourths of a dollar per acre in specie, or public securities drawing interest ;
Resolved, That the President inform our Delegates in Congress, that they are authorized and empowered by this Board to negotiate and contract with Congress, in behalf of this State, for the pur- chase of the lands before described, at the rate of three-quarters of a dollar per acre in specie or public securitys bearing interest.
The Council met.
PHILADELPHIA, Tuesday, June 17th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Henry Hill, David Redich, -
George Ross, Christopher Kucher,
James Read, Abraham Smith,
( Esquires.
The following orders were drawn upon the Treasurer, vizt :
In favor of Joseph Perkins for the sum of four hundred pounds, pay- able out of the monies arising from militia fines in the city and liber- ties of Philadelphia, towards defraying the expence of repairing the public arms, which were delivered to him for that purpose, for which sum he is to account.
In favor of Captain David Zeigler for one hundred and ten dol- lars, towards defraying the expences of the recruiting service, under an act of the General Assembly passed the tenth day of No- vember, 1787, for which sum he is to account with Lieutenant Colonel Josiah Harmar, who is to be accountable to the State.
Upon application of Mr. Samuel Caldwell for sundry papers in the office of the Secretary of the Land office, that are necessary on the tryal for Hogg Island ;
Ordered, That Mr. Kennedy be requested to deliver the said papers to Mr. Caldwell, taking his receipt to return them to the said office.
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An order was drawn upon the Treasurer in favor of the Honora- ble Francis Hopkinson, Esquire, for seventy-five pounds, being one quarter's salary due to him on the thirteenth instant, as Judge of the Court of Admiralty, according to the Comptroller General's report.
A remonstrance from a number of freeholders residing in the districts of the townships of Germany and Mountjoy, in the county of York, against an election of Justices of the Peace, lately held in the said district, was read, and an order taken that Henry Slagle, Jacob Rudisill and David Beatty, 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 report to this Board in manner and form prescribed in and by an act of Assembly intituled " An Act to remedy the de- fects of the several acts of Assembly heretofore made for regulating the elections of Justices of the Peace throughout this State, &ca."
A report from Daniel May, Andrew Thompson and Henry Slagle, Esquires, of the evidence taken by them, touching a dis- puted election of Justices of the Peace, in the district of the town- ships of Warrington and Manahan, in the county York, in pursu- ance of an order of this Board of the twenty-eighth of March last, was received and read ; and on consideration it was
Resolved, To confirm the said election, and the petition against it was dismissed ; thereupon, Elihu Underwood, Esquire, was ap- pointed and commissionated a Justice of the Peace and of the Court of Common Pleas in and for the county of York
Upon the petition of Thomas Jennings, now of the Invalid Guards, stating that he has been fined in the sum of twenty-one shillings, for non-attendance upon militia duty, in the year 1787, that he is unable to pay the said fine, and praying Council to remit the same ; an order was taken that the prayer of the petitioner be granted, in consideration of his extreme poverty.
Two letters from Charles Thomson, Esquire, the one enclosing an act of Congress dated May the twenty-second, 1788, relative to the closing all accounts between the United States and individual persons, who have been intrusted with public monies, from time to time; and the other inclosing the representation in Congress, in the month of May last, were received, read and filed.
Upon the petition and recommendation in favor of Mary Shoe- .man; it was
Ordered, That the fine and punishment at hard labour, to which she was sentenced by the Court of General Quarter Sessions of the Peace and Jail Delivery of the county of Philadelphia, upon being convicted of larceny, be remitted, in consideration of her youth, and this being the first crime.
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The Council met.
PHILADELPHIA, Wednesday, June 18th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
James Read, David Redick, and
George Ross, Christopher Kucher, Esquires.
Abraham Smith,
Two orders were drawn upon the Treasurer in favor of Colonel James O'Hara, for the sum of one thousand dollars each, being in part of seven thousand dollars, which on the tenth day of January last, Council agreed to pay to him for supplying the troops in the western country with provisions, for which two several sums he is to account, the same to be charged to the United States.
Two transcripts from the records of the last Court of Oyer and Terminer and General Jail Delivery held in the county of York, of the conviction of Philip Nagle, for uttering base coin, knowing it to be such, and negro Jack Durham, of a rape committed in the said county, were received and read, and the further consideration thereof postponed until Saturday next.
The Council met.
PHILADELPHIA, Thursday, June 19th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
James Read, Samuel Dean,
George Ross, Christopher Kucher, and } Esquires. Abraham Smith, David Redick,
Upon the petition of James Dugan, convicted at Philadelphia County Court for this month, of keeping a tipling house, and fined ten pounds, and it appearing he is unable to pay the fine,
Ordered, That the said fine be remitted.
.Upon the petitions of John Boice and Lenah Bennet, and a re- commendation from the Justices of the Court. of General Quarter Sessions of the Peace and Jail Delivery of the county of Bucks, it was
Ordered, That the several fines imposed upon them by the said Court, upon their several convictions, the former of larceny and the latter of perjury, be remitted.
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Council Chamber.
PHILADELPHIA, Friday, June 20th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
James Read, David Redick.
George Ross, Christopher Kucher, and
Abraham Smith, Samuel Dean,
} Esquires.
The Council met.
PHILADELPHIA, Saturday, June 21st, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Dean, David Redick, Abraham Smith, James Read, and 2 Esquires.
Christopher Kucher, George Ross,
Upon consideration of the petition and recommendation in favor of James Hanlen,
Ordered, That the punishment at hard labour, to which the said James Hanlen was sentenced by the last Court of Oyer and Terminer held in York county, upon being convicted of robbing a certain George Lantzel of a mare, be remitted, according to the prayer of the said petition.
The fine of forty pounds payable to the use of the Commonwealth by Matthew Hughes, upon his being convicted of an assault and battery at the Court of General Quarter Sessions of the Peace and Jail Delivery of the county of Bucks, was remitted, upon his peti- tion and a recommendation from several inhabitants of the county of Bucks, of good character.
Agreeably to the minutes of the eighteenth instant, Council took into consideration two transcripts from the records of the last Court of Oyer and Terminer and General Jail delivery, held in York and Franklin counties, in the case of Philip Nagle, convicted of uttering base and counterfeited coin, knowing it to be such, and sentenced to be hanged by the neck until he be dead; and of negro Jack Durham, convicted of a rape in the last mentioned county, and sentenced in like manner ; whereupon, it was
Ordered, That execution of the several sentences of the said Courts against the said Philip Nagle and negro Jack Durham, be made and done upon them on Tuesday the eighth day of July next,
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at the usual places of execution, and warrants under the less seal were issued to the Sheriffs of York and Franklin counties accord- ingly.
Council Chamber.
PHILADELPHIA, Monday, June 23rd, 1788. : PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
George Ross. Abraham Smith,
Christopher Kucher,
Esquires.
Memorandum : This being the day appointed for deciding on such claims to city lots, &ca., as are before Council, under old rights, and were made before the time limitted by law expired, but a quorum of Council not being met, it was agreed by the members present, to postpone the business aforesaid until to-morrow morning at ten o'clock, and to request the attendance of the Attorney Geu- eral and Land Officers at that time.
The Council met.
PHILADELPHIA, Tuesday, June 24th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
George Ross, Christopher Kucher, and Esquires. Abraham Smith, Henry Hill,
The following 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, ending the eighteenth instant, according to the Comptroller General's report.
In favor of Eve Withington, for two hundred and seventy pounds, being the ballance of her pension from the first of March, 1780, untill the first of July, 1788, according to the comptroller Gene- ral's report of this day, and an act of Assembly dated the first of March, 1780.
The Attorney General and the Land Officers attending the Board agreeably to their resolution of the twenty-third of April last, re- sumed the consideration of the several claims to city lots, &ca.,
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which were filed within the time prescribed by act of Assembly dated the tenth day of April, 1781, and thereupon, a petition from James Pearson, was read, stating in behalf of himself and others divers claims to city lots, and it appearing on examination of the several papers produced by him, and the records of the Surveyor General's office, that the city lots in right of the original purchases of John Blunston, George Woods, John Killcup, Jacob and Henry Comely, Nicholas Waln, James Dilworth, William Lawrence, and Joshua Ferne, have been surveyed and returned into the Surveyor General's office, under warrants from the Proprietary Land office ; and Mr. Pearson having represented that the said lots have not been sold by the Commonwealth under the act aforesaid,
Resolved, That it is the opinion of Council the petitioners ought to produce to the Land Office their titles under the purchasers afore- said, and apply for patents for the lots claimed in the usual form of the said office.
The claims of Sarah Palmer, and others, and of James Henry, and others, by their Agent James Pearson, under Samuel Brad- shaw, John Ap, John and Thomas Wynns, original purchasers, not being supported by proper vouchers according to law, it was
Resolved, To dismiss.the same.
The claim of Josiah Bunting and Benjamin Bonsal, by their Agent James Pearson, in right of Joshua Ferne, so far as the same respects the liberty land, was also dismissed as being unsupported.
On motion,
Resolved, That the farther consideration of the claims of Sam- uel Allen, the younger, and others, in right of Samuel Allen, and of Anne March, in right of John Price, by their Agent James Pearson, be postponed until Thomas Mason and Mary Jenkins, who, it is alleged, claim under the same original purchasers, are heard before Council.
Anthony Butler, in behalf of Messieurs John Penn, Junior, and John Penn, attended and produced to Council the proof re- quired by a resolution of the Board dated the twenty-first of April last, vizt : That Ralph Broek was the son of John Brock, an ori- ginal purchaser, and had a right to convey the city lots appartenant thereto, whereupon, the Land officers were instructed to compleat the title of Messieurs Penns, to the lots aforesaid in the usual form of the Land Office.
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The Council met.
PHILADELPHIA, Wednesday, June 25th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
George Ross,
. Abraham Smith, Esquires.
James Read, Henry Hill,
The Chief Justice and Judge Bryan, attended and a conference was held relative to the late disturbances in Huntingdon county.
A letter from two of the Magistrates in Huntingdon county, stating that the daring and violent outrages were committed by a law- less sett of men, that the officers of Government had been insulted and their lives endangered, and that part of the records of the Court had been destroyed and crased, was read, praying the support of Government, &ca., thereupon,
Resolved, That the most proper and effectual measures be imme- diately taken to quell the disturbances in Huntingdon county, and to restore order and good government, and that the Honorable the Judges of the Supreme Court be informed that the Supreme Executive will give them aid and assistance, which the laws of the State will warrant, and shall be found necessary to accomplish the end.
Two orders were drawn upon the Treasurer, vizt :
The one in favor of the Honorable Thomas Mckean, Esquire, for two hundred and fifty pounds, and the other in favor of the Honorable George. Bryan, Esquire, for one hundred and fifty pounds, being for one quarter's salary, due to each on this day, according to the Comptroller General's report.
The Attorney General and the Land Officers attended.
Upon examination of the several papers produced by James Pear- son, relative to the claim of Samuel Allen, the son, and other heirs of Samuel Allen, an original purchaser, it appearing that the said claim is unsupported, Council therefore direct that the same be dis- missed.
The papers in support of Captain Thomas Mason's claim to city lots, under the same original purchase, was also examined, and it appearing that Captain Mason is entitled to but a very small share of the lots in question, and he consenting to withdraw his claim to the same ;
Resolved, That he be permitted so to do, and the said claim was accordingly withdrawn.
A return of an election of Justices of the Peace, lately held in and for the district of the township of Upper Milford, in the county of Northampton, together with a petition against it, were received and read, but the said return not being sigued by the Constable who held the election, and being unaccompanied by the Justice's
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precept, a list of voters' names, a certificate from the Prothonotary, an order was taken that the same be transmitted to the Clerk of the Peace of the said county, to be by him forwarded to the Judges, Inspectors, and Constable at said election, who are hereby directed to make a return according to law.
The Council met.
PHILADELPHIA, Thursday, June 26th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
James Read, Christopher Kucher, and Esquires.
Abraham Smith, Henry Hill,
A letter from Charles Thompson, Esquire, inclosing an Act passed on the twenty fourth instant, by the United States in Con- gress assembled, granting further time to the States for exhibiting to the District Commissioners their respective accounts against the United States, and for sending on the vouchers or other testi- mony to support the same, was received and read, and an order taken that the said act be published by the authority of this Board.
The Attorney General and the Land Officers attended.
The several papers relative to the claim of Mary Jenkins to city lots, under Benjamin Marsh, in right of John Price's original pur- chase, (were laid before Council,) and being examined, the further consideration of said claim was postponed.
The farther consideration of Charles Cecil's claim to city lots, in right of Richard Ward's and Robert Serghill's original purchases, was also postponed until the opinion of the Judges of the Supreme Court be taken, touching the legality of the proofs exhibited.
Resolved, That the Honorable the Judges of the Supreme Court, be requested to confer with Council to-morrow at ten o'clock, rela- tive to the said proofs.
The Council met.
PHILADELPHIA, Friday, June 27th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Abraham Smith, George Ross, and Esquires. James Read, Henry Hill,
An order was drawn upon the Treasurer in favor of the Guardian of Catherine Reinick, daughter of Doctor Christian Reinick, de-
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ceased, for forty-five pounds twelve shillings and six peace, being six months' pension due to her on the twenty-first of March, 1788, according to the Comptroller General's report, and an. Act of As- sembly passed the first day of March, 1780.
The Attorney General and Land Officers attended.
Council resumed the consideration of the claims of Mary Jen- kins and James Pearson, Attorney in fact for Anne Marsh and Mary Ashbridge, to certain city lots, in right of John Price and Joseph Allibone's original purchases, and upon hearing the claim- ants, and examination of their papers,
Resolved, That the right to the said lots is vested in the said Mary Jenkins, Anne March, and Mary Ashbridge.
A petition from Daniel Brunner, of Lancaster county, praying remission of a fine of ten pounds ten shillings, imposed upon him for not performing his tour of militia duty, in December, 1781, was read, and it appearing from a deposition and a certificate from Colonel Mercer, accompanying the said petition, that the petitioner was under the age of eighteen years, when called to perform the said tour ; therefore,
Resolved, That the fine aforesaid be remitted.
Joseph Rodger's claim to city lots under the original purchases of Francis and George Rodgers, was heard, and it appearing from the records of the Surveyor General's Office, that the said lots have been already laid out, and the said claim fully satisfied ; it was
Resolved, To dismiss the same.
Upon a conferrence with the Judges of the Supreme Court, re- specting the claim of Charles Cecil, in right of Richard Ward's and Robert Serghill's original purchases, some defects in the proofs offered in support of said claim appeared. It was, there- fore,
Resolved, To postpone the determination upon the said claim, to give the claimant an opportunity to procure from Great Britain, or elsewhere, such further proof as shall be satisfactory to Coun- cil.
The several claims of Charles and Timothy Hurst, in behalf of themselves, Lord Shelburne, and others, of Edward May, Daniel Quare, James Andrews, Thomas Butler, and Benjamin Hockley, to city lots by their agent, Clement Biddle, and attorney, Miers Fisher, were postponed untill Tuesday next, at which time the at- tendance of the Judges was requested, it being probable some proof will be offered which may require their assistance in the investiga- tion.
The claim of Richard Peters, Esquire, under Mason Vrosen and others, original purchasers, was also postponed until Tuesday next, of which Mr. Lewis is to have notice.
The claim of the heirs of Hugh Chamberlaine, by their attor- ney, Miers Fisher, was postponed until Wednesday next.
And the several claims of Nicholas Young and of Richard Wells and others, devisees of Richard Hill and Peter Thompson, under
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the original purchases of Richard and Thomas Pearce, were post- poned untill the Thursday following.
On motion, it was
Resolved, That Monday next be assigned for taking into consid- eration the case of Francis Wade, relative to the sale of his house.
The Council met.
PHILADELPHIA, Saturday, June 28th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
George Ross, Christopher Kucher, and )
James Read, Henry Hill, Esquires.
Abrabam Smith,
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Upon the petition of Jemima Berriman, Patrick Oglebie, War- wick Hale, Marmaduke Merritt, and John Patterson, of the district of Southwark.
Ordered, That the several fines payable to the use of the Com- monwealth by John Smith, Joseph Oglebie, Andrew Duche, Joseph Kennedy, Samuel Hale, Junior, and Richard Berriman, upon their being severally convicted of assault and battery at the last Court of General Quarter Sessions in and for the county of Philadelphia, be remitted.
A report from John Otto, Jacob Weaver, and Paul Groscup, Es- quires, of the evidence taken by them concerning a contested elec- tion of Justices of the Peace, held on the fourteenth day of April last, in and for the districts of the townships of Colebrookdale, Earl, and Oley, in the county of Berks, was received and read, from which it appears that there were some irregular proceedings at said election, sufficient, in the opinion of Council, to set aside the same; therefore,
Ordered, That the said election be set aside, and the commissions issued thereupon to Daniel Hunter revoked and made void.
Ordered, That a warrant, under the less seal, be issued to the Overseers of the Poor in said district, for holding a new election for Justices of the Peace, on the first Tuesday in August next.
A letter from Philip Riffets, containing information that a cer- tain Doctor Daniel Weis, lately died intestate, without kindred in America, whose property is become vested in the Commonwealth, under the late act of Assembly for regulating escheats, and that he is able to substantiate the title of the Commonwealth thereto, was received, read, and filed.
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The Council met.
PHILADELPHIA, Monday, June 30th, 1788. 4
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
George Ross, James Read, Abraham Smith,
Henry Hill,
Samuel Dean, and
John Cannon, (now re- turned )
Upon application of Colonel Francis Mentges,
Ordered, That the Commissary of Military Stores be directed to deliver to him all the tents which belongs to the State, and now in his possession, as well those for horseman as others, to be used in accommodation the citizens at an entertainment intended to be made on the fourth day of July next, the said Colonel Mentges en- gaging to return the same in good order.
On motion of Mr. Redick, .
.Resolved, That agreeably to a supplement to the act of Assem- bly intitled An Act to alter and amend an act intituled An Act to remedy the defects of the several acts of Assembly heretofore made for regulating the elections of Justices of the Peace through- out this State, &ca., passed the twenty-seventh day of February last, the inhabitants of the district and town of Washington, in the county of Washington, are intituled to and shall be allowed a third Justice of the Peace, upon an election of such Justice within the said district by the freeholders thereof being held, and return made to Council according to law.
William Wallace, Esquire, was appointed and commissionated a Justice of the Peace and of the Court of Common Pleas in and for the county of Washington, upon a return made according to law, for the district of Summerset.
The consideration of the case of Francis Wade, relative to the sale of his house, which was appointed for this day, was post- poned.
Upon a petition from Joseph Scott, of Bucks county,
Ordered, That the fine imposed upon him for not performing his tour of militia duty be remitted.
The case of Philip Nagle, now confined in the jail of the county of York, was re considered, and the time of his execution extended to the nineteenth of July next. A warrant, under the Less Seal, was issued accordingly.
The proceedings of the Court of General Quarter Sessions of the Peace of the county of Montgomery, upon a petition from the in- habitants and freeholders of the south west part of said county, praying to have a new district laid off, for a more convenient elec- tion of Justices of the Peace, was read.
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