USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XV > Part 39
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On motion,
Resolved, That the Vice President be requested to write to the Delegates of this State, requesting them to make direct application to Congress, to permit the Continental troops, now preparing to march to the westward, to be employed for a limitted time against the Wioming insurgents, and to inform them that if such applica- tion should meet the approbation of Congress, proper steps will be taken to supply the said troops with all necessaries during their stay at Easton, on their march from thence, and while employed by the State.
Ordered, That the Secretary request Clement Biddle, Esquire, Quarter Master of the militia, to attend Council to-morrow, at ten o'clock in the forenoon, to give the Board some information re- specting the supply of the said troops.
The Council met.
PHILADELPHIA, Wednesday, July 23rd, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Dean, John Cannon,
Henry Hill, Christopher Kucher, and
Esquires.
Abraham Smith, David Redick,
James Read,
A letter from Charles Thomson, Esquire, Secretary of Congress, dated July the seventeenth, inclosing a supplement to the ordinance of Congress, ascertaining the mode of disposing of lands in the Western Territory, which was passed by Congress the ninth of the same month, was received and read.
On motion,
Resolved, That to-morrow Council will go into the appointment of Surgeon and Surgeon's Mate, to the troops commanded by Lieu- tenant Colonel Harmar:
A letter from a number of freeholders in the county of Frank- lin, setting forth that they labour under great inconvenience from
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the want of a Justice of the Peace in the town of Green Castle, in said county, and praying that the said town may be erected into a separate district, for the purpose of electing Justices of the Peace, was read, together with a certificate from the Justices of the Peace of the said county, that the said district is necessary, and will be usefull ; thereupon,
Resolved, That the prayer of the petition be granted.
A letter from his Excellency George Clinton, Governor of the State of New York, dated the eighteenth instant, acknowledging the receipt of Council's letters of the second and eleventh of this month, and informing Council, that having conferred with Mr. Re- dick on the subject of the said letters, he has directed such mea- sures to be taken on the part of that State as he has reason to hope will prove satisfactory and efficient, was received and read.
On motion,
Resolved, That the petitions of Abraham Doan and Levi Doan, now confined in the jail of this city, under sentence of death, upon an outlawry, be transmitted to the Honorable the Judges of the Supreme Court, and that they be requested to inform Council whether any favorable circumstances appeared to them in the case of the petitioners in the course of the proceedings against them by the Court.
Clement Biddle, Esquire, attended Council, agreeably to no- tice.
Wednesday next was appointed for going into the consideration of the business relative to the sale of the reserved tract of land op- posite Pittsburgh.
The Council met.
PHILADELPHIA, Thursday, July 24th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Pre- sident.
Samuel Dean, John Cannon,
Henry Hill, David Redick, and Esquires.
Abraham Smith, Christopher Kucher,
Upon the petition of James Baird, of Cumberland county, and a recommendation from divers inhabitants of the borough of Car- lisle in his favor,
Ordered, That the fine payable to the use of the State, which was imposed upon him by the Court of General Quarter Sessions of the Peace of the county of Cumberland, upon being convicted of fornication and bastardy, be remitted.
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The fine due to the State which was imposed upon Anne Shearer by the last Court of Oyer and Terminer and General Jail delivery, held in Dauphine county, was also remitted upon her petition.
Agreeably to the minute of yesterday, Council proceeded to the appointment of a Surgeon and Surgeon's mate, to the troops com- manded by Lieutenant Colonel Harmar, and the ballots being ta- ken, it appeared that Richard Allison was duly elected Surgeon and John F. Carmichael Surgeon's Mate.
The Council met.
PHILADELPHIA, Friday, July 25th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Henry Hill, Abraham Smith,
Samuel Dean, John Cannon, Esquires.
James Read, Christopher Kucher,
An order was drawn upon the Treasurer in favor of the Honor- able David Redick, Esquire, for sixteen pounds fifteen shillings and one pence, in full of his account, for his expences on a journey to Poughkeepsie by the way of New Jersey and New York, on the business of the State, undertaken at the request of Council.
A letter from the Honorable Edmund Pendleton, Esquire, of the State of Virginia, inclosing the ratification of the constitution pro- posed for the Government of the United States, by a convention of that State, and a copy of the amendments which the said convention wish to take place therein, was received and read.
The Council met.
PHILADELPHIA, Saturday, July 26th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent
Samuel Dean, Abraham Smith and 7 Esquires.
Henry Hill, John Cannon,
David Redick,
The Attorney General informed Council that James McLaugh- jin now confined in the jail of this county, has been convicted of larceny upon three indictments, and that the pardon granted by
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Council on the second instant, being but for one offence, has not had the desired effect, therefore requesting that Council would be pleased to grant to the said James McLaughlin a general pardon ; thereupon,
Resolved, That such general pardon be granted.
The Council met.
PHILADELPHIA, Monday, July 28th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Dean,
John Cannon,
David Redick,
Henry Hill,
Abraham Smith,
George Ross,
Christopher Kucher, James Read.
A letter from Joseph Wharton, Esquire, informing Council that he has committed a certain Thomas Reynolds, charged with a bur- glary, committed in the State of Maryland, and on suspicion of his being concerned in two burglaries in this city, that the person rob- bed in Maryland, wished to have delivered up to be tried in that State, was read,
Ordered, That Mr. Wharton be informed upon an application from the Executive of Maryland, the said Thomas Reynolds will be delivered up.
A petition from John Douglass, stating that having undergone the punishment at hard labour, to which he was sentenced by the City Court, upon being convicted of larceny, he is now confined in the Jail of the city and county of Philadelphia, for the fine which is due to the Commonwealth, and being unable to pay the same, therefore, praying Council to grant him a remission thereof, was read and an order taken that the said fine be remitted.
On motion,
Ordered, That Michael Hubley, Esquire, be appointed and com- missionated to be President of the Court of Common Pleas, of the Court of General Quarter Sessions of the Peace and Jail Delivery and of the Orphans' Court, in and for the county of Lancaster.
A petition from Henry Winkler, Martin Sniff, Leonard Egger, George Hummel, Nicholas Coppel, Nicholas Kippell, David Breck- ly and Jacob Grub, was read, representing that they are entitled to a share of prize money, arising from the sale of a vessel and cargo of flour, which was taken by them from the enemy while in the service of the State, the neat proceeds whereof, is in the hands of Major Fisher of Lewistown, and praying this Board to direct pro- per measures to be taken to bring the said Mr. Fisher to account,
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and it appearing from the Comptroller General's report upon the said petition, that the State is probably interested in the said prize as well as the petitioners ; therefore,
Resolved, That the said petition and report of the Comptroller General be transmitted to the Attorney General, and that he be in- structed to make some inquiry concerning the said capture, and report to Council, whether and how far the State is interested there- in.
The Council met.
PHILADELPHIA, Tuesday, July 29th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent
Samuel Dean,
John Cannon,
Henry Hill,
George Ross,
Abraham Smith,
James Read, and
Esquires.
Christopher Kucher,
David Redick, L
Upon application of the Managers of the House of Employ- ment,
An order was drawn upon the Treasurer in their favor, for the sum of twenty pounds, for the support of James M'Manus, an Inva- lid, payable out of the sum of one hundred pounds granted him by act of Assembly dated the twenty-eighth of March last.
The application of Aron Musgrave and others, for payment of the reward, offered by proclamation of Council, dated the twenty- third of July, 1783, for apprehending and securing Abraham and Levi Doan, was read and referred to the Attorney General for his opinion.
The opinion of the Judges of the Supreme Court, in answer to the act of Council of the twenty-third instant, was received and read as follows, vizt :
To his Excellency the President and the Honorable the Supreme Executive Council of the State of Pennsylvania :
In answer to the act of Council of the twenty-third instant, re- questing the Judges of the Supreme Court to inform Council whether in the proceedings against Abraham Doan und Levi Doan in the said Court, any favorable circumstances appeared in their case to the Judges. We beg leave to observe that from the nature of proceedings in outlawry, the merits were not disclosed, and of course we had nothing favorable to the prisoners opened to us.
Upon the trial of the issue whether they were the same persons who had been outlawed and attainted, it appeared in testimony
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that these men knew of the proclamation made in Bucks County Sessions, to come in and abide their trials, but that they did not surrender or appear. Finally that they were unwillingly brought before the Court, and did not submit to justice until compelled ; we have bad repeated opportunities by examination of witnesses, and also criminals, associates with them in guilt, to hear much of the offences of the said Abraham and Levi Doan, but nothing favor- able concerning them or either of them.
They, among others, have been declared by act of Assembly to have been duly attainted, and Council in consequence thereof, proclaimed a large reward for apprehending them. The act has expired some time since by its own limitation.
The opinion of the Judges respcting outlawries in general, was delivered to Council on the fifteenth of January, 1785, to which we beg leave to refer.
As to Jacob Dryer, committed again for another capital offence, as the Secretary by direction has acquainted us. We would re- commend that he undergo a trial for the last crime, and that no further proceedings may be had on the former attainders until a verdict and judgment shall be given.
THOMAS M'KEAN, GEORGE BRYAN.
Philadelphia, July 26th, 1788.
On motion,
Resolved, That on Thursday next Council will take into consid- eration the case of Colonel Eleazer Oswald, and that the Tuesday following be appointed for the consideration of the case of Abra- ham and Levi Doan, now confined in the jail of this city under sentence of death.
The Council met.
PHILADELPHIA, Wednesday, July 30th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Abraham Smith, . David Redick, and
Christopher Kucher, George Ross, Esquires. John Cannon,
The business relative to the sale of the reserved tract of land opposite Pittsburgh, was postponed.
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The Council met.
PHILADELPHIA, Thursday, July 31st, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Dean, James Read,
Abraham Smith, Christopher Kucher, and Esquires.
John Cannon, David Redick,
A petition from Joseph Banks, of Fermanagh township, in Cum- berland county, representing that he became bound in a recogni- zance of one hundred pounds, to prosecute, in behalf of the Com- monwealth, Elisha Brewer, Thomas Bailey, and Adam Rice, who were apprehended in this city, and committed to prison for a cheat ; that having attended at two several courts, the trial was postponed, and when called up the third time, the petitioner was unavoidably absent, whereby his recognizance became forfeited ; that the offenders have since absconded, therefore praying that Council would be pleased to remit the said forfeiture, was read, and an order taken that the prayer of the petitioner be granted.
A letter from Timothy Pickering, Esquire, was received and read, informing Council of his being restored to his liberty, and that the party who took him, finding themselves unsupported by the men who advised and directed them in this affair, are now soli- citous for a pardon from Council.
A letter from the Honorable the Delegates of Pennsylvania, in- closing a resolution of Congress, authorizing the Secretary at War to direct the troops of the Union to rendezvous at Easton, and to march from thence into the county of Luzerne, to quell the dis- turbances there, was received and read.
Upon consideration of the opinion of the Attorney General, now received, in favor of the claim of Aaron Musgrave, and others, to the reward offered by proclamation of Council, dated the twenty- sixth day of July, 1783, for apprehending and securing Abraham and Levi Doan,
Resolved, That two orders be drawn upon the Treasurer, in favor of Aaron Musgrave, Thomas Taylor, Benjamin Miller, William Webb, and John Morrison, for the sum of one hundred pounds 'each, being the reward offered as aforesaid, for apprehending and securing the said Abraham and Levi Doan.
The Board agreed to adjourn, and to meet again this day at the President's house, to take into consideration the case of Colonel Oswald.
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The Council met, at the President's house the same day.
PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President. The Honorable PETER MUHLENBERG, Esquire, Vice President.
Samuel Dean, Christopher Kucher,
Abraham Smith,
David Redick, and
John Cannon,
George Ross.
James Read,
The Council took into consideration the case of Colonel Eleazer Oswald, and some time being spent therein, the further considera- tion thereof was postponed until Tuesday next.
The Council met. 1
PHILADELPHIA, Friday, August 1st, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Abraham Smith, Samuel Dean,
Christopher Kucher, Henry Hill,
John Cannon, George Ross,
Esquires.
David Redick, L
The time of servitude of Catherine Watson and Mary Thompson having expired,
Ordered, That their fines be remitted.
In consideration of the age and infirmities of Ann Goldsmith, now confined in the Workhouse,
Ordered, That her fine and servitude be remitted.
Upon the petition of Mary Dukey, now confined in the Work- house, and a recommendation in her favor,
Ordered, That her servitude be remitted.
The time of servitude of John Napp and William Flemming having expired,
Ordered, That their fines be remitted.
Mr. Kucher was appointed a member of the Board of Property.
Upon application of Colonel Clement Biddle, Quarter Master General of the militia, an order was drawn upon the Treasurer in his favor, for the sum of eighty pounds, to enable him to provide for the subsistence of the Continental troops now about to rendez- vous at Easton, for which sum he is to account.
Council took into consideration a return of the survey of the reserved tract of land opposite Pittsburgh, in town lots and out-
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lots, made pursuant to an act of Assembly, dated the eleventh of September, 1787 ; and thereupon,
Resolved, That Mr. Redick and Mr. Cannon be appointed a com- mittee to affix an out-lot to each town lot, and otherwise arrange them in order for sale, agreeably to the directions of the said act, and report their proceedings for the approbation of Council.
The Council met.
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PHILADELPHIA, Monday, August 4th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Abraham Henry Hill, George Ross, John Cannon, and - Esquires.
Samuel Dean,
James Read,
Christopher Kucher, On motion,
Resolved, That to-morrow Council will take into consideration the present situation of affairs in Luzerne county.
The Council met.
PHILADELPHIA, Tuesday, August 5th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Henry Hill, Christopher Kucher, r Esquires.
Samuel Dean, David Redick, and
Abraham Smith, George Ross,
John Cannon,
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable David Redick, Esquire, for the sum of fifty-three pounds fifteen shillings, in full of his account for his attendance in Council from the sixth day of June, until the fifth day of August, 1788, and his mileage from Philadelphia to Wash- ington county.
In favor of Thomas Lloyd, for six pounds, in full of his account for three setts of the debates of the General Assembly, and the same number of the debates of the State Convention as published by him in the course of the last year, furnished for the use of Coun- cil.
The consideration of the case of Colonel Eleazer Oswald, and that of Abraham and Levi Doan, appointed for this day was post- poned untill to-morrow.
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A letter was written and sent by express to Colonel Timothy Pickering, acknowledging the receipt of his letter dated the nine- teenth, and inclosing to him a copy of Council's letter to the Lieu- tenant of Luzerne county, of the eighteenth of last month. In this letter Council requested Mr. Pickering to give them full and certain information how matters are situated in that county, and to furnish them with his opinion, with the reasons annexed, whether an armed force is necessary to restore order and good government in said county, and whether it is necessary such force should take post at 'Tioga.
The Council met (at the President's house.)
PHILADELPHIA, Wednesday, August 6th, 1788.
PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President.
The Honorable PETER MUHLENBERG, Esquire, Vice President.
Henry Hill, Christopher Kucher, )
Samuel Dean, George Ross,
Abraham Smith, David Redick, and Esquires.
John Cannon, James Read,.
Letters dated the twenty-eighth and twenty-ninth ultimo, from Timothy Pickering, Esquire, and a letter from Zebulon Butler, Lieutenant of the county of Luzerne, with sundry depositions re- lating to the late disturbances in that county, were received, and the Chief Justice and Judge Bryan, attending in Council, the de- positions and letters were delivered to them, and they requested to give their opinion on the propriety of admitting to bail the persons now confined in the county jail on suspicion of being concerned in the taking off Colonel Pickering.
A letter dated the fourth instant, from James R. Read, Esquire, one of our Delegates in Congress, respecting the Continental troops now at Easton, being read,
Ordered, That a letter be wrote to the Delegates to inform them that from the intelligence we have from Luzerne county, the Con- tinental troops will not be wanted by this State.
Council took into consideration the transcripts of the record of outlawery and award of execution against Abraham and Levi Doan; whereupon, it was
Ordered, That the said Abraham Doan and Levi Doan, be exe- cuted on Wednesday, the twentieth instant, at the usual place of execution, and warrants under the less seal were issued to the She- riff of the city and county of Philadelphia accordingly.
It was moved by Mr. Redick, seconded by Mr. Smith, that the fine and imprisonment of Eleazer Oswald, be remitted, and deter-
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mined in the negative; the yeas and nays being called, were as fol- lows, vizt :
Yeas. Nays.
Nays.
Mr. Dean, Mr. President,
Mr. Read,
Mr. Smith, Mr. Vice President, Mr. Kucher,
Mr. Redick,
. Mr. Hill,
Mr. Cannon.
Mr. Ross,
The reasons of Mr. Redick, for his vote in the affirmative on the question, shall the fine and imprisonment of Eleazer Oswald be remitted ?
First. He doubts of the crime for which Mr. Oswald was sen- tenced; he is of opinion that no act ought to be constructed a con- tempt which may be doubtfull, and he conceives of this as a doubt- full case, but does not suspect the Court of having acted contrary to their judgment.
Secondly. He is of opinion that good purposes would be effected by a remission of the fine and imprisonment, and that no evil con- sequences would result from it; for first, the restoration of a man to a business on which the support of a valuable family depends, and which must suffer very considerably by his confinement; a compliance with the wishes and earnest solicitations of a very large number of respectable citizens, together with the prospect that the present agitation of many minds would be thereby quieted, appeared to him as a very desirable object, he therefore thought it his duty to vote in the affirmative. DAVID REDICK.
A letter from his Excellency Governor Clinton, inclosing the ratification of the Constitution for the Government of the United States by the Convention of New York, and a copy of the amend- ments proposed by the said Convention, were received and read.
The Council met.
PHILADELPHIA, Thursday, August 7th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Pre- sident.
Samuel Dean, Christopher Kucher, }
Abraham Smith, John Cannon,
David Redick, George Ross, and Esquires.
James Read, Henry Hill,
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable Abraham Smith, for forty-seven pounds five shillings, being due for his attendance in Council from June the sixth, until August the seventh, 1788, inclusively.
In favor of John Morris, for the sum of six pounds, to defra y his expences on his way from the county of Luzerne to this city with public despatches, and returning.
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The Chief Justice and Judge Bryan sent in their opinion on the measures necessary to be taken with the prisoners confined in the county jail of Luzerne, a copy of which was inclosed and sent to Timothy Pickering, Esquire; and he was informed that Council agreed with the Judges that the best method that can be taken with the prisoners will be to have them prosecuted for a riot.
The opinion of the Judges is as follows, vizt :
To his Excellency the President and the Honorable the Supreme Executive Council of the State of Pennsylvania. ?
We, the Justices of the Supreme Court, whose names are under- written, report :- That we have read and considered the letters from Colonel Timothy Pickering to Council, together with the several papers accompanying it, and thereupon beg leave to recom- mend that the outrageous assault, battery and imprisonment of Colonel Pickering, be prosecuted as a riot ; it is certainly one of a most audacious and atrocious nature; but as the punishment for such an offence will not extend to life or member, a conviction of the offenders, in the present unsettled condition of the county of Luzerne, may be attained with more facility, and thereby the honor of the Government preserved and justice in a degree obtained. To accomplish this end, it may be most proper for the Attorney Gene- ral to prepare a bill of indictment himself, inserting all the riotous acts and aggravating circumstances of the case, and to have it pre- sented to the grand jury for Luzerne county .at the next Court of General Quarter Sessions of the Peace. . If it shall be found by them a true bill, of which we conceive there can be but little doubt, we would advise the indictment to be removed by certiorari into the Supreme Court, and to be tried at the next Court of Nisi Prius for that county. By this mode of procedure, the Justices of the Peace of the county will have cognizance of the offence and will be authorized to bail such of the offenders as they may think proper ; such as ought not to be let at large, without giving the best secu- rity and which they may not be able to procure, may be committed to Easton goal, until they shall be brought to trial.
Philadelphia, August 7th, 1788.
THOMAS MCKEAN, GEORGE BRYAN.
On motion,
Resolved, That the papers which accompanied the letter from Timothy Pickering, Esquire, and a copy of the foregoing opinion of the Judges, be transmitted to the Attorney General, and that he be directed to proceed against the offenders by an indictment for a riot.
Two certificates from the Court of General Quarter Sessions of the Peace of the county of Washington, that a division of the dis- trict of the townships of Cumberland and Morgan, and of the dis- trict of the township of Donegal, in the said county, agreeably to act of Assembly dated the thirty-first of March, 1784, for the election of Justices of the peace, is become proper and will be usefull, which
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