USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XV > Part 38
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The Council met.
PHILADELPHIA, Tuesday, July 1st, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
George Ross, Christopher Kucher,
Abraham Smith, John Cannon, and Esquires.
David Reddick, Samuel Dean,
A letter from Wioming, dated the twenty-seventh day of June, and signed by Messieurs Nathan Dennisen, Zebulun Butler, Wil- liam Hookes, and Nathan Carey, was read, from which it appears that on the night between the twenty-sixth and twenty-seventh ultimo, Colonel Pickering was, by a lawless banditte, made prisoner, and forcibly carried off from his dwelling in Wilkesbarre; that the officers of Government are exerting themselves to recover Colonel Pickering, and to bring the perpetrators of this daring outrage to condign punishment.
Resolved, That the officers of Government in Luzerne be in- formed that Council are much pleased with their spirited exertions on this occasion, and that every aid and assistance shall be given by the supreme executive, as far as the laws of the State will warrant.
Resolved, That the President be requested to give official infor- mation of this transaction to their Excellencys the Governors of New York and New Jersey, and request their assistance in securing the perpetrators of this daring villainy, if they should enter those States.
An order was drawn upon the Treasurer in favor of Mr. Rose- well Wells, the express who brought the above intelligence, for twelve pounds, to defray the expence of coming to and returning from this city on said business.
Upon the representation of William Bradford, Jun'r, Esquire, Attorney General,
Resolved, That he be directed to enter an exoneration of the bail in the action wherein Sharp Delany, Esquire, Collector of the Cus- toms, is plaintiff, and James Collins, defendant.
Upon the petition of Anna Goldsmith, now confined in the Work-house of this city,
Ordered, That the fine and punishment at hard labour, to which she was sentenced by the Court of General Quarter Sessions of the Peace of Philadelphia county, be remitted.
The Judges of the Supreme Court, Attorney General, and the Land Officers, attended agreeably to notice.
Council proceeded to the examination of the claim of Richard Peters, Esquire, under Adrain Vrozen's purchase, and the original
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SUPREME EXECUTIVE COUNCIL.
lease and release being produced to Council, together with several other papers, from which it appeared that the said Adrain Vrosen was an original purchaser of five thousand acres of land from Wil- liam Penn, Esquire, and that said Vrozen's right is now vested in the claimant ; thereupon,
Resolved, That the claim of Richard Peters, Esquire, under the purchase aforesaid, be admitted and confirmed.
On motion,
Resolved, That the consideration of the claim of Mr. Peters, in right of John Mason's original purchase, be postponed.
Miers Fisher, attorney, appeared, and stated the several claims of Sir William Petty, Earl of Shelburne, Charles and Timothy Hurst, under William Penn, the second, and Sir John Tagg, of Daniel Quare, James Andrews, Edward May, the heirs of Hugh Chamber- laine, Benjamin Hockley, and Thomas Butler, to city lots, &ca., in right of several original purchasers. Upon examination of the testimony produced, it appeared that the claims aforesaid were not supported, but Mr. Fisher alledging that other evidence sufficient to satisfy Council could be procured from Great Britain, if sufficient time be allowed ; therefore,
Resolved, That the further consideration of the claims aforesaid be postponed until the twentieth of April, 1789, to give the claim- ants an opportunity to procure the testimony before mentioned.
The Council met.
PHILADELPHIA, Wednesday, July 2nd, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
George Ross, Abraham Smith, and )
James Read, John Cannon, $ Esquires.
Christopher Kucher,
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable Henry Hill, Esquire, for forty-three pounds ten shillings, in full for his attendance in Council from May the first untill the last day of June, 1788, inclusively, deducting three days' absence.
In favor of Mrs. Jane Roseborough, for one hundred pounds, payable out of militia fines of the county of Northampton, being in part of the pension due to her as the widow of the Reverend John Roseborough, deceased, late Chaplain in the militia of said county, according to an act of Assembly, passed the twentieth of March, 1780.
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In favor of John Nicholson, Esquire, Comptroller General, for the sum of one hundred and thirty-seven pounds five shillings and two pence, being money advanced by him to pay a ballance due to John Skinner, upon his contract with the State for clearing the road from Miller's Spring, through Clark's Gap, to the Burnt Cabbins, in Cumberland county.
Upon the petition of Jacob Bowman, of Germantown,
Ordered, That William Bradford, Junior, Esquire, Attorney General, be directed to discontinue the action at law, which was instituted in behalf of the Commonwealth against the petitioner, for the recovery of money due upon his bond to Christopher Saur, the petitioner paying the costs.
A petition from John Garden, praying an allowance of the draw- back duties on certain wines exported by him, was read and refer- red to the . Collector of the Customs, who is requested to report thereon to Council.
Upon the petitions of James McGlaughlin, Thomas Wigley and Elizabeth Emery, now confined in the jail of this city, praying Council to pardon the several offences of which they have been convicted,
Ordered, That the said James McGlaughlin, Thomas Wigley and Elizabeth Emery, be and they are herby pardoned.
Ordered, That the Secretary inform Mr. Justice Pollard that it is the wish of Council that he would take security for the good behaviour of the said James McGlaughlin, Thomas Wigley and Elizabeth Emery, and that they are to pay the costs of prosecu- tion.
The fine payable to the use of the State and punishment at hard labour, to which negro Isaac Duffell, was sentenced by the Court of General Quarter Sessions of the Peace of the county of Phila- delphia, held the third day of March last, was remitted, upon his petition and a recommendation in his favor.
The Council met.
PHILADELPHIA, Thursday, July 3rd, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Pre- sident.
Samuel Dean,
George Ross,
Henry Hill, Christopher Kucher,
Abraham Smith, David Redick,
Esquires.
John Cannon,
The claims of Richard Wells and others, devisees of Richard Hill and Nicholas Young and Peter Thomson, under the original purchases of Richard and Thomas Pearce, were postponed.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Monday, July 7th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Dean, Abraham Smith, - Esquires.
George Ross, John Cannon,
David Redick, Christopher Kucher,
An order was drawn upon the Treasurer in favor of James Elliott, for the sum of twenty two pounds ten shillings, in full of his account for supplying John Franklin, (a State prisoner confined on a charge of high treason,) with provisions from the eighth day of February until June the 27th, 1788, according to the Comp- troller General's report.
Mr. Cannon was appointed a member of the Board of Pro- perty.
Upon a letter from the committee of arrangement, requesting permission from Council to secure the Federal ship Union in the State House yard, in such a place as shall render it an ornament to the public walk,
Ordered, That Francis Hopkinson, Esquire, Chairman of the said committee, be informed that the placing the said ship in the State House yard is perfectly agreeable to this Board.
Council took into consideration a letter from George Matthews, Richard Bard, Thomas Johnston, John Scott and John Martin, Esquires, Justices of Franklin county, informing the Board that a certain William Nugent, who has been indicted for felony and other crimes, has made his escape, that two accessaries have refused to be tried until he, Nugent, the principal is convict, therefore, praying Council to issue a proclamation for apprehending and se- curing the said Nugent; whereupon,
Resolved, That a proclamation in the following words be accord- ingly issued.
Pennsylvania ss.
By the Vice President and the Supreme Executive Council of the Commonwealth of Pennsylvania :
A PROCLAMATION.
WHEREAS, It appears from a representation made by some of the Magistrates of Franklin county, that a certain William Nugent has been charged with felony and other crimes, by a Grand Jury of the said county, and that the said William Nugent is now at large, and lurking about to the terror and annoyance of the good people of the county :
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And whereas, It is of great importance to the citizens of this Commonwealth, that such heinous offenders should be brought to condign punishment ; we have thought fit to offer, and do hereby offer a public reward of two hundred dollars, to any person or per- sons who shall apprehend and secure the said William Nugent, in the jail of any county within this Commonwealth, to be paid on his conviction of the crime aforesaid ; and all Judges, Justices, Sheriffs and Constables, are hereby strictly enjoined and required to make diligent search and enquiry after, and to use their utmost endeavors to apprehend and secure the said William Nugent, so that he may be dealt with according to law.
Given in Council, under the hand of the Honorable Peter Muh- lenberg, Esquire, Vice President, and the Seal of the State, at Philadelphia, this seventh day of July, in the year of our Lord, one thousand seven hundred and eighty-eight, and of the Commonwealth the thirteenth.
PETER MUHLENBERG, V. P.
ATTEST :- CHARLES BIDDLE, Sec'ry.
The Council met.
PHILADELPHIA, Tuesday, July 8th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Henry Hill, George Ross,
Samuel Dean, Christopher Kucher and
Esquires.
Abraham Smith, John Cannon,
An order was drawn upon the Treasurer in favor of George Ross, Esquire, for forty-one pounds eleven shillings, in full for his atten- dance as Councillor from the eighteenth of May untill the eighth of July, 1788, inclusively, and his mileage.
An order was drawn upon the Treasurer, in favor of Captain James McLean, for sixteen pounds four shillings and nine pence, in full of his account for his subsistance as Commandant of the Inva- lid Corps, and for house rent during the months of April, May and June, 1788, according to the Comptroller General's report.
Upon the petition of Elizabeth Mckinsey, stating that the term of the punishinent at hard labour, to which she was sentenced upon being convicted of larceny, is now expired, and praying that a fine of thirty shillings, due from her to the Commonwealth, may be re- mitted, and that she may be released from confinement
Ordered, That the prayer of the petitioner be granted, upon her paying the costs of prosecution.
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SUPREME EXECUTIVE COUNCIL.
Upon consideration of the intelligence communicated to Council by the Honorable Nathan Dennisen, Esquire, Zebulun Butler, Esquire, and William Hooker Smith, and Nathan Cary, and the deposition of Andrew Ellicott, relative to the seizing and carrying off the person of Timothy Pickering, Esquire, Prothonotary of the county of Luzerne, by an armed banditti, assembled in said county for that purpose,
Resolved, That the following proclamation be issued and published in the Freeman's Journal, printed in this city, and in the newspa- pers printed at York, Carlisle and Pittsburgh, vizt :
Pennsylvania, ss :
By the Vice President and the Supreme Executive Council of the Commonwealth of Pennsylvania.
A PROCLAMATION.
WHEREAS, By depositions taken according to law, it appears that several evil disposed persons have conspired to obstruct the execu- tion of the laws in the county of Luzerne, and have violently seized and carried off the person of Timothy Pickering, Esquire, an officer of Government, whom they still retain as a prisoner : And where- as, it is of great importance to the good people of this Common- wealth, that such heinous offenders should be brought to condign punishment: We have thought fit to offer and do hereby offer a public reward of three hundred dollars, for apprehending and secu- ring John Jenkins, three hundred dollars for apprehending and se- cnring John Hyde, and the sum of one hundred dollars for appre- hending and securing each and every of the following named per- sons, vizt : Daniel Earl, Benjamin Earl, Cady, Wilkes Jen- kins, Joseph Dudley, Gideon Dudley, David Woodward, John Whit- comb, Timothy Kilburne and Thomas Kinney, or for apprehending and securing any other persons who shall be convicted of aiding and assisting in taking off the said Timothy Pickering. The reward for apprehending and securing any of the above named persons, will be paid on their being delivered to the jail of the county of North- ampton, and all Judges, Justices, Sheriffs and Constables are hereby strictly enjoined and required to make diligent search and enquiry after, and to use their utmost endeavours to apprehend and secure the said offenders, so that they may be dealt with according to law.
Given in Council, under the hand of the Honorable Peter Muh-
lenberg, Esquire, Vice President, and the seal of the State, at Philadelphia, this eighth day of July, in the year of our Lord one thousand seven hundred and eighty-eight.
PETER MUHLENBERG, V. P.
Attest-CHARLES BIDDLE, Sec'ry.
A letter was written to the Sheriff of the city and county of Philadelphia, directing him to take every prudent measure in his
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power to prevent the escape of John Franklin, now in his custody, permitting him only to enjoy the benefit of the air in the jail yard, twice a week for a limitted time and with circumspection.
The Council met.
PHILADELPHIA, Wednesday, July 9th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- - dent.
Henry Hill,
James Read,
Samuel Dean,
Christopher Kucher,
Abraham Smith,
John Cannon, and
Esquires.
George Ross, David Redick,
An order was drawn upon the Treasurer in favor of the Honor- able William Augustus Atlee, 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 twenty-fifth of June, 1788, ac- cording to the Comptroller General's report.
On motion,
Resolved, That Mr. Redick, Member of this Board, be requested to go to the States of New Jersey and New York, in order to com- municate to the Executives of those States the intelligenee which Council has lately received of farther outrages committed in the county of Luzerne, and to request their aid in apprehending and securing the persons concerned in seizing and carrying off Timothy Pickering, Esquire, Prothonotary of Luzerne county, if they should enter either of the States aforesaid.
Mr. Redick assured Council of his readiness to comply with this resolution.
The following draft of instructions to Mr. Redick was read and approved, vizt :
In Council, Philadelphia, July 9th, 1788.
Dear Sir :- The Board this morning re-assumed the considera- tion of the letters and other intelligence received from Wyoming, and are unanimously of opinion that the most vigorous and deter- mined measures are necessary to restore order and good govern- ment in that distracted country. In consequence of this determin- ation, a proclamation is directed to issue offering ample rewards for apprehending the principals concerned in the late outrage against the person of Colonel Pickering; and in all probability an armed force will be speedily employed to reduce the insurgents to reason. But previous to this step being taken, the Board wish to communicate their intentions to their Excellencies the Governors of New York and New Jersey, to request that those Governments
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SUPREME EXECUTIVE COUNCIL.
would take such steps as my best conduce to facilitate our endeav- ours to prevent, if possible, the inhabitants of those States from giving aid and assistance to the insurgents, while acting in open opposition and defiance to our laws, and to prevent their finding an asylum or protection within those States. Council now request that you, as a Member of the Board, and fully acquainted with every thing that relates to this business, would be pleased to pro- ceed immediately to New Jersey and New York, to carry their in- tentions into execution. Your own discretion will govern you in transacting this important business ; and the friendly disposition the States of New Jersey and New York have ever evinced toward this State, prevent the Board from entertaining the least doubt that those States will readily concurr in every prudent and neces- sary measures.
With respect and esteem I am, dear sir, Your most obedient servant,
Honorable DAVID REDICK.
PETER MUHLENBERG.
Council Chamber.
PHILADELPHIA, Thursday, July 10th, 1788.
PRESENT :
The Honorable James Read, Christopher Kucher,
George Ross, Abraham Smith, John Cannon,
Henry Hill,
David Redick and
Samuel Dean.
Friday, July 11th, 1788.
PRESENT :
As yesterday.
Saturday, July 12th, 1788.
PRESENT : As yesterday, (except Mr. Redick.)
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Monday, July 14th, 1788.
PRESENT :
The Honorable James Read, Christopher Kucher,
Abraham Smith, Henry Hill,
John Cannon, Samuel Dean,
' Esquires. c
Tuesday, July 15th, 1788.
PRESENT :
The Honorable Abraham Smith, Samuel Dean,
James Read, Christopher Kucher, Esquires.
John Cannon,
Wednesday, July 16th, 1788.
PRESENT :
As yesterday .- And Mr. Hill.
Thursday, July 17th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
James Read, Christopher Kucher,
Abraham Smith, John Cannon,
Samuel Dean, Esquires.
-
The Council met.
PHILADELPHIA, Friday, July 18th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
James Read, Christopher Kucher,
Abraham Smith, Samuel Dean, and Esquires.
John Cannon, Henry Hill,
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable Peter Muhlenberg, Esquire, Vice President, for seven pounds eleven shillings and three pence,
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amount of his account for six days hire of a stage waggon to go to Lancaster on public business at the request of Council.
In favor of Thomas Wigton, for fifteen pounds, to defray his ex- pences in coming to and returning from this City on public busi- ยท ness, relative to affairs in Luzerne county since the seizing and carrying off Colonel Pickering.
A return of justices from the borough of Carlisle, in Cumber- land county, (together with a petition against it) was received and read, by which it appears that an election for a third Justice of the Peace has been lately held in said borough by the Freeholders there- of, without their having previously applied to and obtained the per- mission of Council to hold such an election as is directed by Act of Assembly, dated the twenty-seventh day of February last ; where- upon, it was
Resolved, That the said election be set aside and made void as being illegal.
A letter from David Rittenhouse, Esquire, State Treasurer, stat- ing that from the very great deficiency in the payment of the pub- lic taxes he has hitherto not been able to collect and prepare for burning the annual sum of twenty thousand pounds of the last emission of paper money, and that if Council should think proper to write to the Collector of the imposts, it might hasten the payment of such a sum as when added to the sum of fifteen thousand pounds he has now collected would enable him to comply with the law, was read, and the Secretary was directed to write to Mr. Delany, desir- ing him to use his utmost endeavours to collect and pay into the Treasury all monies which are due in his office for impost.
A letter was written to Colonel Zebulun Butler, expressing to him Councils approbation of the conduct of the officers of Government in Luzerne, relative to the rioters, and assuring them and the well affected inhabitants that should circumstances take an unfavorable turn they will on application be immediately supported by a suffi- cient number of troops, it being the full determination of Council to enforce the laws and restore peace and good government in that county.
Upon consideration of a letter this day received from the Hon- orable David Redick, a letter was written to the Honorable the Delegates of this State, requesting them to apply to Congress for the assistance of the Continental troops (now on their rout to the Western country) in expelling the rioters in Luzerne county out of this State, and that for this purpose they may receive orders when at Easton to march into the said county of Luzerne, there to remain untill relieved by troops to be sent by the States.
A letter from His Excellency Governor Livingston, acknowledg- ing the receipt of Council's letter of the second instant, respecting the violent taking of Colonel Pickering, and assuring Council that should he receive any intelligence of the perpetrators being found
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in New Jersey, he will use every exertion in his power and consis- tant with law to have them apprehended and brought to Justice, was received and read.
The Council met.
PHILADELPHIA, Saturday, July 19th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Pre- sident.
James Read, Christopher Kucher,
Sainuel Dean, John Cannon, 's
Esquires.
Abraham Smith,
An order was drawn upon the Treasurer in favor of the Hon- orable Samuel Dean, Esquire, for twenty eight pounds ten shillings, in full of his attendance in Council, from the eighth of June last, untill this day included.
Upon consideration of the report of the persons appointed to view the road called Jones's lane, and the information contained in a letter from Richard Peters, Esquire,
Resolved, That the said Richard Peters and John Curwen be au- thorized and requested to have the new ground on which it is pro- posed to make the said road surveyed, and report to Council a draft thereof with the courses and distances, noting how far the road if made on the new ground will differ from the course of the old road.
Petitions from a number of citizens in favor of Colonel Eleazer Oswald, stating his confinement in the jail of this city in pursuance of the sentence of the Supreme Court, and praying Council to par- don him, were read, and the consideration thereof postponed until Monday next.
And it was,
Ordered, That the Secretary in the mean time request Mr. Burd to furnish Council with a copy of the proceedings of the Supreme Court, in the case of Colonel Oswald.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Monday, July 21st, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice President.
Samuel Dean, Abraham Smith,
Henry Hill,
George Ross,
James Read,
Christopher Kucher,
Esquires.
John Cannon,
Three orders were drawn upon the Treasurer in favor of Edward Burd, Esquire, Prothonotary of the Supreme Court, for three sev- eral sums making in the whole the sum of forty-two pounds and eleven pence, being the travelling expences of the Judges of the Supreme Court, the Prothonotary, Attorney General and their ser- . vants on the circuit to Lancaster, Louisburgh, Cumberland, Frank- lin and York, and returning to Philadelphia; and for Mr. Atlee's ex- pences to Philadelphia and returning.
The proceedings of the Supreme Court in the case of Colonel Eleazer Oswald, were laid before Council and read, together with the petitions in his favor, the consideration whereof was postponed until this day ; whereupon, it was moved by Mr. Dean, seconded by Mr. Smith, " That Council proceed to remit the fine and im- prisonment of Mr. Oswald."
The previous question, to wit : " Shall the main question be now put ?" was then called for by Mr. Ross, seconded by Mr. Kucher, and being put, was determined in the negative.
Upon which the yeas and nays were called, and were as follows, vizt :
YEAS :
NAYS :
NAYS :
Mr. Dean,
Mr. Vice President,
Mr. Cannon,
Mr. Smith.
Mr. Hill,
Mr. Kucher,
Mr. Ross.
Mr. Read.
The Council met.
PHILADELPHIA, Tuesday, July 22nd, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Henry Hill, John Cannon, Samuel Dean, Christopher Kucher, and 7 Esquires.
James Read, David Redick,
Abraham Smith,
The Honorable Mr. Redick having now returned from the States of New York and New Jersey, laid before Council Governor Clin-
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ton's proclamation, accompanied by a General Warrant from the Chief Justice of the State of New York, for apprehending and securing the rioters of Luzerne county, should they pass into that State, and he reported to the Board, that upon a conference with Governors Clinton and Livingston, they appeared to be fully dis- posed to afford to the Government of this State, every necessary aid and assistance in bringing the rioters to justice, whenever they should receive intelligence of their being within either of their governments.
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