Colonial records of Pennsylvania, Vol. XV, Part 40

Author:
Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 686


USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XV > Part 40


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1


508


MINUTES OF THE


were received and read on the sixth day of May, were this day taken into consideration, and the division as made by the said court confirmed.


Upon the petition of Elizabeth Emery,


Ordered, That the security for good behaviour required of her previous to her enlargement from confinement, be remitted.


The fine payable to the use of the State, and punishment at hard labour in the workhouse, to which Anne Elmor was sentenced by the City Court upon being convicted of larceny, were remitted upon her petition.


The Council met.


PHILADELPHIA, Friday, August 8th, 1788. PRESENT :


The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.


Samuel Dean,


James Read,


Abraham Smith, David Redick,


John Cannon,


William Maclay,


Christopher Kucher, (now returned. )


An order was drawn upon the Treasurer in favor of Frederick Sneider for thirty pounds ten shillings, in full for his wages as Doorkeeper, from the first day of June until the thirty-first day of July, 1788.


Upon consideration of the petition of Joseph Hyde, and a recom- mendation in his favor from the jurors who were sworn and affirmed in his case ;


Ordered, That the fine payable to the use of the State, and the punishment at hard labour to which he was sentenced by the last City Court, upon being convicted thereat for stealing a keg of white paint, be remitted.


The Council met.


PHILADELPHIA, Monday, August 11th, 1788. PRESENT :


The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.


Henry Hill, David Redick,


Abraham Smith, William Maclay, and


James Read, Christopher Kucher,


Esquires.


George Ross,


The following orders were drawn upon the Treasurer, vizt :


In favor of the Honorable James R. Reed for two hundred pounds, in part of his pay as a Delegate from this State to Congress, for which sum he is to account.


509


SUPREME EXECUTIVE COUNCIL.


In favor of John Nicholson, Esquire, for two hundred pounds, being one quarter's salary due to him as Comptroller General of this State, ending the thirteenth of last month.


In favor of the Honorable Christopher Kucher for seventy-four pounds thirteen shillings, being in full for his attendance in Coun- cil from the seventh of May until August the eleventh, 1788, in- clusively, and his mileage.


In favor of the Honorable David Redick, Esquire, for four pounds ten shillings, in full for his attendance in Council from the sixth until the twelfth of this month, both days included.


In favor of Clement Biddle, Esquire, for eighty pounds five shil- lings and six pence, in full of his account for rations supplied the Invalid Corps from the first day of May until the thirty-first day of July, 1788, inclusively, according to the Comptroller General's report.


Upon the petition of John Weikert, of Lancaster county, and a recommendation from the Justices of the Peace of said county,


Ordered, That the fine of ten pounds, payable to the use of the Commonwealth, which was imposed upon him by the Court of General Quarter Sessions of the Peace of the said county, upon being convicted of fornication and bastardy, be remitted.


The Council met. 1


PHILADELPHIA, Tuesday, August 12th, 1788. PRESENT :


The Honorable PETER MUHLENBERG, Esquire, Vice Pre- sident.


Henry Hill, David Redick,


Abraham Smith,


George Ross,


>Esquires.


John Cannon,


James Read,


William Maclay,


Mr. Redick and Mr. Cannon, who were appointed a committee, on the first instant, to prepare and report to Council for their con- sideration a plan for disposing of the lots lately laid out in the reserved tract of land opposite to Pittsburgh by public auction, agreeably to the act of Assembly, dated the eleventh day of Sep- tember, 1787, now made report of such plan, which was read as follows, vizt :


Mr. Cannon and Mr. Redick, a committee of Council, report, that in compliance with the order of Council of the first instant, they propose the following plan for disposing of the lots laid out in the reserved tract of land opposite Pittsburgh : That one out-lot be sold with each town lot, in the following manner, to wit: that the out-lot marked 1 in the general plan, be annexed, and be ap- purtenant to the lot number 125, in the plan of the town, &ca., agreeably to the following list :


510


Quantity of land


Acres. Perches


No. 125


1


10


24


45


6


10


102


275


10


126


2


10


25


138


10


101


267


10


127


3


10


26


139


10


105


264


10


128


4


10


27


140


10


106


255


10


84


5


0


47


28


141


10


107


252


10


83


6


10


29


154


10


108


243


10


82


10


30


143


10


97


274


10


81


8


9


95


31


144


10


98


268


10


77


9


114


32


145


10


99


263


10


78


10


9


120


33


146


0


100


256


10


79


11


00


83


34


147


10


112.


251


10


80


12


OC


123


35


148


10


111


244


10


49


13


8


116


36


149


10


110


2.73


10


50


14


18


57


150


10


109


269


10


51


15


9


133


58


151


10


96


262


10


52


16


9


140


59


152


10


95


257


10


45


17


132


60


153


10


94


.250


10


46


18


9


52


61


178


10


93


245


10


47


19


9


115


62


177


10


113


272.


10


48


20


6


60


63


176


10


114


270


10


MINUTES OF THE


No. of the town


lot united to.


The out-lot num-


bered in this


Quantity of land.


column.


Acres. Perches.


No. of the town


lot united to.


The out-lot num-


bered in this column.


Quantity of land.


Acres. Perches


No. of the town


lot united to.


The out-lot num-


bered in this


column.


.


1234567


21


4


70


64


175


10


115


261


10


22


7


30


65


174


10


116


258


10


23.


9


140


66


173


10


117


249


10


24


00


88


67


172


10


118


246


10


25


6


101


68


171


10


119


271


10


26


00


150


9


179


10


120


260


10


27


7


28


10


180


10


92


259


10


00


29


7


94


12


182


10


90


247


10


42


30


8


70


40


183


10


89


241


10


43


31


5


140


39


184


10


88


240


10


44


32


4


137


38


185


10


87


239


10


56


33


S


7


37


186


10


86


238


10


10


34.


8


137


69


276


10


85


237


10


54


35


1


150


70


266


10


121


236


10


53


37


9


144


71


265


10


122


235


10


73


38


2


36


72


254


10


123


234


10


74


39


00


96


104


253


10


124


233


10


20


40


8


100


103


242


10


13


232


10


76


41


9


45


14


231


10


21


42


8


148


10


230


10


22


43


8


150


16


229


10


23


44


7


64


17


228


10


18


227


10


19


226


10


20


225


10


28


7


24


11


181


10


91


248


10


36


10


142


ยท


SUPREME EXECUTIVE COUNCIL.


511


512


MINUTES OF THE


2ndly. That the remaining out lots so many of them be added together as will be a quantity sufficient for a farm, to wit : The first farm to consist of lots numbered 210, 209, 208, 211, 206, 207, 212, 213, 204, 205, 203, 214, 215, 202, 201, 216, 200, 217, 199, 218, 198, 219 and 224, amounting in the whole to one hundred and sixty-six acres and fifty perches. The second farm to consist of lots numbered 197, 220, 223, 222, 221, 196, 195, 194, 193, 192, 191, 190, 189, 188 and 187, containing in the whole one hundred and fifty-five acres and fifty perches.


The third farm to consist of lots numbered 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169 and 170, containing in the whole one hundred and fifty-four acres and one- quarter. The fourth farm to consist of lots numbered 46, 47, 48, 49, 50, 51, 52, 134, 137, 142, 136, 135, 132, 131, 115, 114 and 113, amounting in the whole to one hundred and forty-four acres and twenty-eight perches. The fifth farm to consist of lots num- bered 53, 54, 55, 56, 57, 88, 89, 90, 91, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129 and 130, containing in the whole one hundred and two acres and an half.


And the sixth farm to consist of lots numbered 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 92 and 93, containing in the whole two hundred and eighty acres and thirteen perches of land.


3rdly. That they be exposed to sale in Philadelphia except as hereafter excepted.


4thly. That the out lots not appurtenant to the town be offered to sale in farms as above proposed, only conditioning that the high- est bidder in whatever mode the monies bidden amounts to, the largest sum be the purchaser.


5thly. That the out lot, number 133, be exposed to sale by itself, and that the town lots number 54, 55 and 73, and out lots number . 35, 36, 37 and 38 be left unsold, and that the persons occupying them severally be notified that Council will receive their proposals for the purchase of the several lots aforesaid.


6thly. That the time and place of sale agreeably to law be pub- lished in the Philadelphia newspapers and in the Pittsburgh Gazette sixty days before the day of sale, and that a copy of the general draft or plan of the lots be made to accompany the sale.


1788, August 12th-submitted.


DAVID REDICK, JOHN CANNON.


Whereupon, Council came to the following resolutions :


WHEREAS, Colonel William Butler, James Robeson and Daniel Eliott, have spent much labour in improving severally on the re- served tract of land opposite Pittsburgh :


1 1


t b P 0 t a


t


P


b i


513


SUPREME EXECUTIVE COUNCIL.


And whereas, This Board are desirous that the said persons may have a preference as purchasers of the lots on which they have so improved ; therefore,


Resolved, 'That the Honorable Mr. Redick be requested to receive proposals for the purchase of all such lots from the persons afore- said, in order to be laid before Council.


Resolved, That proposals from William Wilson, of Pittsburgh, be received in like manner for the purchase of the island in the Allegany river, occupied by him ; from John Hamilton, for Shir- tees island in the Ohio river, occupied by him, and from Wood, for Crows' island in the said river, occupied by him; and that Mr. Redick lay such proposals before Council as may be made by the said persons or any of them.


The memorial of Captain John Armstrong, stating that he is possessed of sundry certificates for pay due to him, that he was out of the State from the time of passing the funding law untill after the expiration of the time in which applications were to be made, and he is precluded from the benefits thereby intended, and praying Council to direct the payment of so much interest as is due upon his certificates to supply his wants until he can apply to the Legis- lature for relief, was read ; and thereupon,


Resolved, That Council cannot grant the prayer of the said memorial, and that therefore the same be referred to the General Assembly.


The Council met.


PHILADELPHIA, Wednesday, August 13th, 1788.


PRESENT :


The Honorable PETER MUHLENBERG, Esquire, Vice Pre- sident.


Abraham Smith, George Ross, r Esquires.


John Cannon, James Read,


William Maclay, Samuel Dean,


The following orders were drawn upon the Treasurer, vizt :


In favor of the Honorable John Armstrong, junior, Esquire, for one hundred and fifty pounds, in part of his pay as a Delegate from this State to Congress, for which sum he is to account.


In favor of Mrs. Anne McNeal, for the sum of two hundred pounds, in part of the pension due to her, according to the Comp- troller General's report, and the Act of Assembly in such case pro- vided.


In favor of Mr. Joseph Perkins, for the sum of two hundred pounds, payable out of the monies arising from militia fines in the city and county of Philadelphia, being in part of the ballance due


514


MINUTES OF THE


upon his account for repairing the public arms belonging to the said city and county, for which sum he is to account.


On motion,'


Ordered, That the fine of ten pounds. which was adjudged by the last Supreme Court, to be paid to the use of the State by Col- onel Eleazer Oswald, be remitted.


The fine of three pounds imposed upon Nicholas Rummel, by the last Court of General Quarter Sessions held in Philadelphia county, was also remitted upon his petition and a recommendation in his favor.


A letter from the Honorable the Delegates of Pennsylvania, dated the eleventh instant, acknowledging the receipt of Council's letter of the sixth instant, and informing Council that they will take the earliest opportunity to communicate the contents thereof to Con- gress, was read.


The Council met (at the President's house.)


PHILADELPHIA, Friday, August 15th, 1788. PRESENT :


His Excellency BENJAMIN FRANKLIN, Esquire, President.


Samuel Dean, James Read, and


William Maclay, Abraham Smith,


Esquires.


The express who carried the dispatches from Council of the fifth instant, to Colonel Pickering, in Luzerne county, now returned with a letter from him dated August the ninth, inclosing the depo- sition of Garret Smith, relative to the late outrages, and informing Council that although the whole county is at present in peace, (all the insurgents who have not surrendered themselves or been taken having fled into the neighboring States,) yet it is his opinion that in order to establish the peace of the county of Luzerne, it is ne- cessary to fix a military post at 'Tioga.


Upon application of John White, an order was drawn upon the Treasurer in his favor, for the sum of eighteen pounds, in full for his services as an express employed in carrying public dispatches to the county of Luzerne and returning to this city.


Council Chamber.


PHILADELPHIA, Saturday, August 16th, 1788. PRESENT :


The Honorable Henry Hill, James Read, and )


William Maclay, Abraham Smith,


John Cannon, Esquires,


515


SUPREME EXECUTIVE COUNCIL


PHILADELPHIA, Monday, August 18th, 1788. 1


PRESENT :


As on Saturday.


PHILADELPHIA, Tuesday, August 19th, 1788.


PRESENT :


The Honorable Mr. Maclay, Samuel, Dean, and ?


Abraham Smith, Henry Hill, S Esquires.


The Council met at the President's house.


PHILADELPHIA, Wedneday, August 20th, 1788.


PRESENT :


His Excellency BENJAMIN FRANKLIN, Esquire, President.


Abraham Smith, Samuel Dean,


James Read, John Cannon,


George Ross,


Henry Hill,


Esquires.


William Maclay, 7


Upon consideration of a petition from a number of freeholders of the county of Lancaster, in favor of Henry Ream, and a recom- mendation of him from the Justices of the said county,


Ordered, That the said Henry Ream be appointed and commis- sionated a Justice of the Court of Common Pleas, in and for the county of Lancaster.


Petitions from a considerable number of the citizens of Phila- delphia, and inhabitants of the county of Bucks, in favor of Abra- ham Doan, and Levi Doan, now confined in the jail of this city un- der sentence of death, were laid before Council and read; and on consideration, it was'


Ordered, That the said Abraham and Levi Doan, be respited until the end of four weeks from this date, anything contained in the warrant from this Board of the sixth instant to the contrary notwithstanding.


A letter from Charles Thomson, Esquire, Secretary of Con- gress, inclosing an act of Congress of the twelfth instant, request- ing the Executives of the State of Virginia and Pennsylvania, to hold in readiness the militia of their respective frontiers, for acting in conjunction with the. Federal troops in protecting and defending the frontiers against Indian hostilities, whenever the


516


MINUTES OF THE


Governor of the Western Territory shall think necessary to request such aid, the number to be employed not to exceed one thousand for Virginia and five hundred for Pennsylvania.


Council Chamber.


PHILADELPHIA, Thursday, August 21st, 1788.


PRESENT :


The Honorable William Maclay, James Read, and )


Abrabam Smith, John Cannon, Esquires. Samuel Dean,


The Council met.


PHILADELPHIA, Friday, August 22nd, 1788.


PRESENT :


The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.


William Maclay, James Read,


Abraham Smith, John Cannon, Samuel Dean, Henry Hill, } Esquires.


John Reynolds, Gaoler, representing to Council that a certain Benjamin Hall, a free negro, undertook to execute the Doans, and that he is in danger of his life if he remains in jail.


Ordered, That the fine and punishment to hard labour of the said Benjamin Hall, be remitted.


The following orders were drawn upon the Treasurer, vizt :


In favor of the Honorable James Read, Esquire, for sixty-five pounds five shillings, in full for his attendance in Council from May the twenty-eighth, until August the twenty-second, 1788, in- clusively.


In favor of the Honorable Samuel Dean, Esquire, for twenty-six pounds five shillings, in full for his attendance in Council from the twentieth day of July, untill the twenty-second day of August, 1788, inclusively, and his mileage.


In favor of George Weicher, for seventy-four pounds, in full for principal and interest due upon a certificate which was granted to Michael Musslemen, for a hosre furnished by him for public ser- vice in the year 1780, according to the Comptroller General's re- port.


In favor of Samuel Fisher, for four pounds five shillings, in full of his account for riding express to Easton with public dispatches and returning to this city.


i


S


1 ( t


0 a


G


a t


c 01


517


SUPREME EXECUTIVE COUNCIL.


A letter from the Honorable Francis Hopkinson, Esquire, Judge of the Court of Admiralty, inclosing a warrant of survey lately is- sued by Phineas Bond, Esquire, British Consul, for ascertaining the damage sustained at sea by the brigantine Adventure, on a voyage from Barbadoes, and stating as his opinion that the said Phineas Bond, by issuing such warrant hath exceeded his powers as British Consul, and that as this transaction seems to touch the sovereign rights of this State, therefore submitting the same to the consider- ation of Council, was read, and on consideration an order taken that the said letters and inclosures be referred to the Honorable the Judges of the Supreme Court and the Attorney General, for their opinion thereon.


The Council met.


PHILADELPHIA, Saturday, August 23rd, 1788.


PRESENT :


The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.


William Maclay, James Read,


Abraham Smith, Samuel Dean, and


John Cannon, Henry Hill,


(Requires.


An order was drawn upon the Treasurer in favor of the Honorable John Cannon, for fifty-two pounds fifteen shillings, in in full for his attendance in Council untill the twenty-third of August, 1788, and his mileage.


An order was drawn upon the Treasurer in favor of Colonel James Marshall, Lieutenant of Washington county, for seventy- seven pounds eighteen shillings and four pence, payable out of the monies arising from militia fines, being in full of two several ac- counts for militia services on the frontier of said county, in Sep- tember and October, 1787, and in March, April and May, 1788, according to the Comptroller General's report.


An order was drawn upon the Treasurer in favor of James Chambers and William Marshall, for fifty pounds nineteen shil- lings and seven pence, payable out of the militia fines of the county of Washington, in full of their account for repairing the public arms belonging to the said county, according to the Comptroller General's report.


An order was also drawn upon the Treasurer in favor of John and George Rowan, for sixteen shillings and ten pence, in full of their account for some repairs done to the artillery of this city, ac- cording to the Comptroller General's report, this sum payable out of the militia fines of the city and liberties of Philadelphia.


VOL. XV .- 34.


518


MINUTES OF THE


On motion,


Resolved, That the letter from General St. Clair, dated at Fort Harmar, July the twenty-fourth, 1788, and the act of Congress dated the twelfth instant, for holding in readiness the militia on the frontiers of this State, and that of Virginia, to act in conjunc- tion with the Federal troops, in protecting and defending the western frontiers when it shall become necessary (which were re- ceived and read on the twentieth instant,) be transmitted to the General Assembly at their next meeting.


A petition from John M. Taylor, in behalf of Mrs. Mary Mere- dith, praying that a patent may be granted to her for the lots num- bered 2124 and 2125, purchased by Mr. John Hood in October, 1787, and that Davis Bevan's Caveat, which was entered against granting such patent may be now dismissed, was read, and on ex- amination of the several papers produced, it appearing that Mr. Bevan is in possion of his full quantity of ground mentioned in his patent, and that his Caveat is not supported ; therefore,


Resolved, That the same be dismissed, and that a patent issue to . Mrs. Mary Meredith, for the lots so purchased by John Hood, whose right is vested in said Mary Meredith.


The Council met.


PHILADELPHIA, Monday, August 25th, 1788.


PRESENT :


The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.


William Maclay, Samuel Dean,


Abraham Smith, John Cannon,


George Ross, Nathan Dennisen, and


Esquires.


James Read, Henry Hill,


To-morrow was appointed for going into the consideration of the several return of Justices now before the Board.


The following orders were drawn upon the Treasurer, vizt :


In favor of Messieurs Kline and Reynolds, for six pounds two shillings and six pence, in full of their account for advertizing for six months in the Carlisle Gazette, the drawing of a lottery for the distribution of the donation lands, and for advertizing in the same Gazette for thirteen weeks, the resolution of Council for receiving proposals to clear the Conemaugh road, according to the Comp- troller General's report.


In favor of Daniel Humphreys, for five pounds one shilling and three pence, in full of his account for advertizing extracts from the acts of Assembly dated the sixteenth day of March, 1785, and twenty-fifth of March, 1786, and also public accounts and the time


519


SUPREME EXECUTIVE COUNCIL.


of closing the new loan, according to the Comptroller General's report.


In favor of Abrabam Morrow, for one hundred and four pounds nineteen shillings and one penny, payable out of the monies arising from militia fines in the county of Philadelphia, being the ballance due upon his account for repairing the public arm's belonging to the said county, according to the Comptroller General's report.


In favor of John Nicholson, Esquire, Comptroller General, for the following sums, vizt :


The sum of two hundred and fifty-seven pounds seventeen shil- lings and eleven pence, for defraying the contingent expences of his said office and of the guards, and to reimburse him for monies advanced to John White, for his services in riding express sundry times upon the business of the State, for which sum the said Comp- troller is to account.


The sum of thirteen pounds eleven shillings, being the ballance of Matthias Hollenback's account for rations furnished to the Berks county militia, agreeably to contract with the State which was ad- vanced by him to Mr. Hollenback.


The sum of four hundred and nine pounds three shillings and six pence, advanced by him to John Skinner, for the ballance due upon his first contract, for clearing the public road from Miller's Spring to the Burnt Cabbins, in Cumberland county, payable out of the money appropriated for the above purpose, by act of Assem- bly dated the twenty first day of September, 1785.


The sum of one hundred and forty-one pounds six shillings and three pence, paid by him to John Skinner on account of his second contract, for clearing the public road from this side of Sideling hill to the opposite side of Rays hill, in Bedford county, payable out of the monies appropriated by the same Act of Assembly.


The sum of thirteen pounds two shillings and six pence, paid by him to Captain David Ziegler towards defraying the expence of the recruiting service, under an Act of Assembly, dated the tenth day of November, 1787


The sum of thirty pounds seventeen shillings and five ponce, paid for sundry repairs done to the Militia Artillery of this city, and for sundry materials furnished by Anthony Wright, payable out of the monies arising from Militia fines in the city and liberties of Phila- delphia.


In favor of the Wardens of the Port of Philadelphia, for one hundred and fifty pounds, payable out of the duties arising from Tonnage, to pay the rent of an office for the collector of Tonnage, and Wardens of the Port, agreeably to the nineteenth section of an Act of Assembly, passed the second day of April, 1785.


Upon the petition of Philip Griggs,


Ordered, That the fine of twenty shillings, imposed upon him by the last Court of General Quarter Sessions of the Peace in Phila- delphia county, upon being convicted of an assault and battery, be remitted.


1


520


MINUTES OF THE


The Council met.


PHILADELPHIA, Tuesday, August 26th, 1788.


PRESENT :


The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.


Abraham Smith,


Samuel Dean,


William Maclay,


Henry Hill,


John Cannon,


Nathan Dennisen and


George Ross,


James Read,


Frederick Watts, now returned from his family.


On motion of Mr. Watt, seconded by Mr. Ross,


Resolved, That agreeably to the supplement to the Act of Assem- bly, entitled 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 borough of Carlisle, in the county of Cumberland are intitled to, and shall be allowed a third Justice of the Peace, upon an election of such Justice being held within the said borough by the Freeholders thereof, and return made to Council according to law.


William Coats and Matthias Richards, Esquires, were appointed and commissionated Justices of the Peace and Common Pleas, the former for the county of Philadelphia, and the latter for the county of Berks, upon returns made according to law, for the districts of the townships of the Northern Liberties in Philadelphia county, and the districts of the townships of Colebrookdale, Earl and Oley, in the county of Berks.




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