USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XV > Part 42
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The following draft of a letter from Council to the General As- sembly, was read and approved vizt :
In Council, Philadelphia, September 10th, 1788.
SIR :- I have the honor to enclose you by order of Council, for the consideration of the General Assembly, a petition from Jacob Gerhard, one of the collectors of taxes in Montgomery county, whose case, if truly stated, claims the attention of the Legislature.
I have the honor to be,
With great respect, your obedient and
Very humble servant, PETER MUHLENBERG, Vice President.
Honorable THOMAS MIFFLIN, Esq'r .. Speaker of the General As- sembly.
The Council met.
PHILADELPHIA, Thursday, September 11th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Henry Hill, Nathan Dennisen,
Abraham Smith, Christopher Kucher, and
William Maclay, Frederick Watts,
Esq'rs.
John Cannon,
The several fines payable to the use of the Commonwealth by Elizabeth Ellis and Mary Munroe, imposed upon them by the City Court held in July, 1787, upon their being severally convicted of larceny, were remitted, it appearing to Council that their term of servitude in the work-house is expired.
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Council Chamber.
PHILADELPHIA, Friday, September 12th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent,
Henry Hill, Christopher Kucher, James Read, and
Abraham Smith,
William Maclay,
John Smilie, now return-
John Cannon,
ed from his family.
Frederick Watts,
The Council met.
PHILADELPHIA, Saturday, September 13th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Pre- sident.
Henry Hill, Christopher Kucher,
Abraham Smith, Nathan Dennison,
William Maclay,
James Read, and
Esquires.
John Cannon,
John Smilie,
Frederick Watts,
Upon application of Colonel William Henry, Lieutenant of the City and Liberties of Philadelphia, an order was drawn upon the Treasurer in his favor, for three hundred and twenty-two pounds eight shillings and two pence, payable out of the monies arising from the militia fines in the said City and Liberties of Philadelphia, for defraying the expence of exercising the militia of said City and Liberties on the ensuing muster day, for which sum he is to ac- count.
On motion,
Ordered, That the consideration of the petition from sundry persons resident in the Northern Liberties, relative to a number of vacant lots in the said Liberties, which was appointed for Monday next, be postponed untill the Wednesday following.
Mr. Logan, Mr. Scott and Mr. Burkhalter, a Committee from the General Assembly attended, and a Conferrence was held re- specting John Franklin, a State prisoner, now confined in the jail of this city.
VOL. XV .- 35.
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Council Chamber.
PHILADELPHIA, Monday, September 15th, 1788.
PRESENT :
The Honorable William Maclay, Abraham Smith,
Henry Hill, James Read,
Samuel Dean, John Smilie,
Esq'rs.
Nathan Dennisen,
Christopher Kucher, &
George Ross, Frederick Watts,
The Council met.
PHILADELPHIA, Tuesday, September 16th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
William Maclay, Abraham Smith,
Henry Hill,
James Read,
Samuel Dean, John Smilie, Esquires.
Nathan Dennisen,
Frederick Watts,
George Ross,
Christopher Kucher, J
A petition from Joseph Eckley, Collector of taxes in Lower Salford township, in Montgomery county, stating that he was sued for monies collected by him, but no judgment hath yet been ob- tained against him, that his bail hath surrendered him to jail, whereby his family are reduced to great distress, that he is deter- mined to abide the event of the suit, therefore, praying that he may be discharged on common bail, and that the Attorney General may be instructed to accept his appearance without other surety, was read, and thereupon, an order was taken that the prayer of the petition aforesaid be granted.
Charles Dilworth and John Hannum, Esquires, were appointed and commissionated Justices of the Peace and of the Court of Com- mon Pleas, in and for the county of Chester, upon a return made according to law, for the district of the town of West Chester.
Upon consideration of the petitions of Thomas Kennedy and Philip Juner, now confined in the jail of the county of Bucks,
Ordered, That the several fines payble to the use of the Com- monwealth, imposed upon them by the Court of General Quarter Sessions of the Peace and Jail Delivery of said county, in September, 1787, upon their being severally convicted of larceny, be remitted, it appearing to Council that their terms of servitude is expired.
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Council taking into consideration a resolution of Assembly dated September the twelfth, requesting the Board "to consider of a spot suitable for a gunpowder magazine without the city of Philadel- phia, at a safe distance from it, and to negotiate the purchase;" thereupon,
Resolved, That Mr. Maclay, Mr. Hill and Mr. Read, be a com- mittee to receive proposals from any persons who may be desirous of selling a suitable piece of ground for the above purpose, and for erecting thereon a sufficient magazine.
Council adjourned to meet at the President's house.
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.
William Maclay, Abraham Smith,
Henry Hill,
James Read,
Samuel Dean, John Smilie,
Esquires.
Nathan Dennisen,
Frederick Watt, and
George Ross, Christopher Kucher,
A letter from Charles Thomson, dated the thirteenth instant, inclosing the proceedings of Congress of the same date, for putting in operation the Constitution for the general government of the United States, which has been adopted by eleven of the said States, was received and read and transmitted to the General Assembly.
Council again took into consideration the case of Abraham and Levi Doan, two prisoners now confined in the jail of this city, un- der sentence of death, to whom a respite was granted on the nine- teenth of last month, which expires to-morrow ; thereupon,
Ordered, That a warrant under the less seal of the State, be issued for executing the sentence of the Court upon them, the said Abraham and Levi Doan, on Wednesday, the twenty-fourth day of this month.
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The Council met.
PHILADELPHIA, Wednesday, September 17th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
William McClay, Abraham Smith,
Henry Hill, James Read,
Samuel Dean, John Smilie,
Esquires.
Nathan Dennisen,
Frederick Watt, and
George Ross, Christopher Kucher,
Council took into consideration a petition and remonstrance of Robert Galbraith, Esquire, President of the Court, and sundry of the Magistrates and others of Huntington county, complaining of the conduct of Lazarus Brown M'Lene, Prothonotary of the said county.
Ordered, That previous to Councils going into an investigation of the complaint agaist the said Lazarus Brown M'Lene, Esquire, the complainants be directed to furnish to the Board in writing, the particular charges which are alluded to in their petition, and the evidence they have to adduce in support thereof.
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable Francis Hopkinson, Esquire, for the sum of seventy-five pounds, being in full for one quarter's salary as Judge of the Court of Admiralty, according to the Comptroller General's report, and an act of Assembly dated the twenty-ninth day of September, 1787.
In favor of the Honorable Nathan Dennisen, Esquire, for twenty- six pounds, in full for his attendance in Council from the twenty- third of August untill the seventeenth of September, 1788, both days included, and his mileage.
Upon application of William Henry, Esquire, Lieutenant of the city, Colonel William Will and Major Alexander Boyd of the fourth battalion of militia of Philadelphia,
Ordered, That Colonel William Henry, Lieutenant of the city and liberties of Philadelphia, be directed to furnish three quarter casks of gunpowder for the use of such of the militia of this city as may be called to exercise on the eighteenth instant.
The following draft of a letter from Council to the General As- sembly, was read and approved, vizt :
In Council, Philadelphia, September 17th, 1788.
SIR :
By direction of Council, I do myself the honor to transmit you for the consideration of the General Assembly, a memorial from Messieurs Turnbull, Marmie and company, merchants of this city, together with two letters, the one from Charles Thomson, Esquire,
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Secretary of Congress, inclosing a state of the representation in Congress, for the months of June, July and August, 1788; and the other from the Honorable Samuel Johnston, Esquire, President of the Convention of the State of North Carolina, inclosing two reso- lutions of the said Convention.
I have the honor to be, with great respect, sir, your most obe- dient and very humble servant,
PETER MUHLENBERG, V. P.
Honorable THOMAS MIFFLIN, Esquire, Speaker of the General Assembly.
James Maxwell, Esquire, was appointed and commissionated a Justice of the Peace and of the Court of Common Pleas in and for the county of Franklin, upon a return made according to law, for the district of the townships of Montgomery.
A letter from the Comptroller General informing Council that the following actions, viz: The Commonwealth, Samuel Miles- Timothy Matlack Black, Executor of Caleb Newbold, and Alex- ander Boyd and Company, are all ready for trial, and that the Attorney General, who hath appeared for the Commonwealth, hath received no compensation for them or any of them, was read ; and thereupon
Ordered, That the Attorney General be allowed the sum of ten pounds as a fee upon each of the before mentioned actions, and that an order for the sum of twenty pounds, part thereof, be now drawn upon the Treasurer in his favor.
An account of James Elliott, containing charges for nursing John Franklin, a State prisoner, during his illness, and for sundry necessaries furnished him, which the Comptroller General does not think himself authorized to allow, being laid before Council, it was, on consideration,
Resolved, That the said James Elliott be allowed payment for a nurse, attending on John Franklin during his illness, and that such necessaries as are absolutely requisite be furnished to said Frank- lin, at the expence of the State until his recovery.
Agreeably to the Comptroller General's report, an order was drawn upon the Treasurer in favor of John Chambers, Esquire, late Sub-Lieutenant of Northampton county, for the sum of twenty- three pounds nineteen shillings and seven pence, being the amount of militia fines collected by John Herron, and charged by the Comptroller General to said Chambers in the settlement of his account, but which he has not recovered by reason of said Herron's insolvency. The said sum to be paid out of the monies arising from militia fines in Northampton county.
A letter from the Comptroller General informing Council that Mr. William Sheaff purchased two lots of ground at the north-west corner of Third street and Green street, in the Northern Liberties, . marked D and No. 57, part of the ground whereon the barracks
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lately stood; that upon a late measurement thereof the same doth not contain the quantity of ground Mr. Sheaff was lead to expect, and therefore he is intitled to a proportionable abatement, which will reduce the purchase to one hundred and four pounds, was read; and thereupon
Ordered, That a deed for the said two lots, agreeably to the late measurement thereof, be granted to Mr. Sheaff, upon his pay- ing the said sum of one hundred and four pounds.
Upon consideration of the account presented to Council by Ste- phen Balliet, Esquire, and Major William Armstrong,
Resolved, That agreeably to the minute of Council of the tenth day of June last, forage is included in the expences of the Com- missioners appointed under the resolution of Assembly of the twenty-seventh of March last, and therefore the charges for forage cannot be allowed.
The Council met.
PHILADELPHIA, Thursday, September 18th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Henry Hill,
John Smilie,
Samuel Dean,
Frederick Watt,
James Read,
Christopher Kucher, and
Abraham Smith,
Samuel Edie, and
William Maclay,
George woods, (now re-
Nathan Dennisen, turned from their fami-
George Ross,
lies.)
Upon consideration of the petition from Jacob Livergood, who was convicted in the county of Berks of passing counterfeit money, knowing it to be such, and is now confined in the jail of this city, praying to be released from his present confinement, and also a recommendation in his favor,
Ordered, That the prayer of the said petition be granted, on condition that the petitioner give sufficient security in the county of Berks to be of good behaviour to all persons.
A petition from Jacob Stough, praying remission of a fine of ten pounds, imposed upon him by the Court of General Quarter Ses- sions of the Peace held in Dauphine county, in February last, upon his being convicted of keeping a tipling house, was read, together with a recommendation in his favor ; thereupon
Ordered, That the fine aforesaid be remitted.
Messieurs Francis Gurney, Richard Wells, Presley Blackiston, Thomas Shields and Gunning Bedford, Commissioners appointed
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SUPREME EXECUTIVE COUNCIL.
by act of Assembly passed the twenty-ninth of September, 1787, intituled An Act to appoint Commissioners to regulate the streets, lanes and alleys in the district of Southwark, and to lay out new streets, lanes and alleys therein, for the accommodation of the in- habitants, and to lay out the roads therein mentioned through the said district and parts of the townships of Moyamensing and Pas- syunk, now made report, that they have performed the duties required of them by the said act, and submitted the said report to the consideration of Council, which being read, it was
Resolved, That Thursday next be appointed for the consideration of the said report. .
The Council met.
PHILADELPHIA, Friday, September 19th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
James Read,
John Smilie,
Abraham Smith,
Samuel Edie,
George Ross,
George Woods,
Esquires.
William Maclay,
Samuel Dean,
Nathan Dennisen,
Christopher Kucher, and
Frederick Watt,
John Cannon,
The following orders were drawn upon the Treasurer, vizt :
In favor of William Montgomery, Esquire, for twenty-one pounds, payable out of the monies appropriated by law for the expences of Government, agreeably to resolution of the General Assembly dated the twenty-second of November, 1783, being his wages as a mem- ber of the Council of Censors for twenty-four days, vizt: From December the sixth, 1783, until January first, 1784, inclusive, ac- cording to the Comptroller General's report.
In favor of the said William Montgomery, Esquire, for thirty- seven pounds, in full of his account for his attendance at Wyo- ming as a Commissioner of Claims under the act of Assembly passed the twenty-eighth day of March, 1787, vizt : From the nine- teenth until the twenty-fourth of August, 1787, inclusive, six days, and again from the second of September, until the second of Octo- ber in the same year, inclusive, thirty-one days, according to the Comptroller General's report and the said act of Assembly.
In favor of the Honorable William Irvine, Esquire, for one hun- dred pounds, in part of his pay as a member of Congress for this State, for which sum he is to account.
In favor of John Nicholson, Esquire, for fifty pounds, being one quarter's salary due to his Clerk on the tenth day of July last, ac- cording to the Comptroller General's report and an act of Assem- bly dated the fourth day of April, 1785.
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Upone application of Christian Wyerman, requesting the per- mission and recommendation of Council to travel through this State, into the State of Virginia, and the other southern States,
Ordered, That a pass, under the seal of the State, be granted to him to travel as aforesaid.
The following letter from Council to the Gen'l Assembly, was read and approved, vizt :
In Council, Philadelphia, September 19th, 1788.
SIR :- The memorial of David Linton, of the county of Lancas- ter, is inclosed for the consideration of the General Assembly. The merits of this worthy citizen in apprehending a daring villain, in the opinion of Council, claim the attention and some reward from your Honorable House.
I have the honor to be with great respect, your obedient and very humble servant,
PETER MUHLENBERG.
Honorable THOMAS MIFFLIN, Esq'r, Speaker of the General As- sembly.
Upon the petition and recommendation in favor of William McHenry, of Bucks county,
Ordered, That the fine of seven pounds ten shillings, payable to the use of the Commonwealth, imposed upon him by a Court of General Quarter Sessions, held in September, 1783, upon being convicted of an assault and battery, be remitted.
Upon application of Captain John Paul Schott,
Ordered, That Clement Biddle, Esquire, Quarter Master Gene- ral of militia, be directed to furnish Captain Schott with twenty pair of pistols, twenty swords, one trumpet, and one standard, out of the stores belonging to the State, for the use of his troop of Light Dragoons, Captain Schott to be accountable therefor.
The Council met.
PHILADELPHIA, Saturday, September 20th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Henry Hill, Christopher Kucher, )
Samuel Dean, Samuel Edie, - Esquires.
Abraham Smith, Nathan Dennison,
William Maclay, John Smilie,
John Cannon, James Read,
George Woods,
George Ross,
The petition of Alexander Barr, stating that in September, 1781 he was called upon to perform his tour of militia duty as a private
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in the seventh battalion of the Lancaster county militia, at which time he was taken sick and rendered unable to do military duty or to attend a Court of Appeal, therefore, praying remission of the fine which has been imposed upon him by reason of his non-attendance, was read, together with a recommendation in his favor; thereupon,
Ordered, That the said fine be remitted.
On motion,
Resolved, That the further consideration of the complaint against Lazarus Brown McLene, Esquire, Prothonotary of the county of Huntingdon, be postponed until Monday next.
A petition from John Hoover, relative to a shallop hired by him in the year 1777, to the Board of War, which was destroyed by fire, and for which he has not received full compensation, was read and referred to the Comptroller General, to investigate the facts stated therein, and report to Council as soon as may be.
The Council met.
PHILADELPHIA, Monday, September 22nd, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Henry Hill,
George Woods, 7
Samuel Dean,
Christopher Kucher,
James Read,
Samuel Edie,'
Esquires.
John Smilie,
Nathan Dennison,
William Maclay,
George Ross,
John Cannon,
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable William Maclay, Esquire, for forty pounds twelve shillings, in full for his attendance in Council from the eighth of August until the twenty-second day of September, 1788, inclusively, and his mileage.
In favor of the Honorable Samuel Dean, Esquire, for twenty- three pounds five shillings, in full of his account for his attendance in Council from the twenty-third of August, until the twenty-se- cond of September, 1788, inclusively.
On motion,
Ordered, That Clement Biddle, Esquire, be appointed and com- missionated a Justice of the Court of Common Pleas, in and for city and county of Philadelphia.
A memorial from John Penn, Junior, and John Penn, by their Agent, Anthony Butler, containing a brief of their title to the manor of Springetsbury, lying north of the city of Philadelphia, was read, together with several inclosures ; thereupon,
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Ordered, That the said memorial and inclosures be put into the hands of Mr. Maclay, Mr. Smilie, and Mr. Smith, the Committee appointed upon the petition of Thomas Britton, and others.
Council resumed the consideration of the memorial containing a complaint against Lazarus Brown McLene, Esquire, for miscon- duct in his office of Prothonotary of the county of Huntington and the particular charges alluded to in the said memorial, being laid before the Board in writing, agreeably to the minute of the seven- teenth instant : it was thereupon,
Resolved, That Alexander Grayton and Joseph Hubley, Esquires, be authorized and requested to attend as soon as convenient in the town of Huntington, and there to examine upon oath such wit- nesses as may be adduced relative to the charges exhibited against Laz- arus Brown MoLene, Prothonotary of the said county, that they inspect the records of bis said office, and make report of their pro- ceedings in writing to Council on the eighteenth of November next, at which time the said Prothonotary is hereby required to attend this Board.
Resolved, That the Honorable John Cannon, Esquire, member of this Board, be also requested to attend in Huntington to admin- ister the oath to such witnesses as may be called to be examined touching the complaint aforesaid.
A letter from Charles Thomson, Esquire, inclosing An Act of Congress of the sixteenth instant recommending to the several States to pass proper laws for preventing the transportation of con- victed malefactors from foreign countries into the United States, was received and read, and an order taken that the same be trans- mitted to the General Assembly together with the following letter, vizt :
In Council, Philadelphia, September 22nd, 1788.
SIR :- The inclosed letter from Charles Thomson, Esquire, to- gether with an act of the United States in Congress assembled, dated the sixteenth instant, the Board direct me to transmit to you for the consideration of the General Assembly.
I have the honor to be, with great respect, your most obedient and very humble servant,
PETER MUHLENBERG, V. P.
Hon'ble THOMAS MIFFLIN, Esquire, Speaker of the General As- sembly.
Upon consideration of a petition from William Barton,
Ordered, That execution against him for a debt due to the Commonwealth on a judgment obtained at the suit of the Collector of the Customs, be suspended for the term of five years from the date of this order, the petitioner paying the costs that have accrued.
Upon consideration of the petition of John Redman,
Ordered That execution against him as special bail for Mr. Wil- liam Lawrence for a debt due to the Commonwealth, from said Law-
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rence on a judgment obtained at the suit of the said Collector of the Customs, be also suspended for the term of eighteen months from this date, he the said John Redman paying the costs that have ac- crued.
Council taking into consideration a letter from several members of the General Assembly, informing the Board that John Skinner hath compleated the work of clearing and making good the public road from this side of Sideling Ilill to the opposite side of Ray's Hill, in the county of Bedford, and the said Skinner having applied to Council for the ballance of money due upon his contract, and to have his bond cancelled ; thereupon,
Resolved, That an order be now drawn upon the Treasurer in favor of the said John Skinner, for the sum of two hundred pounds, ballance due upon his contract, and that the bond executed by him be delivered up to be cancelled.
The Council met.
PHILADELPHIA, Tuesday, September 23rd, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Henry Hill,
James Read,
Samuel Dean,
Samuel Edie,
Christopher Kucher, Abraham Smith,
George Ross,
Nathan Dennisen, and
John Smilie,
George Woods, John Cannon, .
John Baird, (now re- turned from his family.)
The petition of John Fowler, now confined in the jail of this city, upon conviction of larceny, stating that his term of servitude is expired, and praying remission of the fine imposed upon him for the said offence, was read ; and
Ordered, That the prayer of the said petition be granted.
Council taking into consideration the late services of Captain William Ross, of the Luzerne county militia, in support of the laws of the Common wealth,
Resolved, That Council entertain a just sense of the good con- duct of Captain William Ross, and the officers and privates under his command, in opposing the late rioters in the county of Luzerne, and endeavouring to restore order and good government in the said county.
Resolved, That the Secretary be directed to procure a sword, at the expence of the members now present, and present the same
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to Captain William Ross, as a mark of the favorable opinion this Council entertain of his merit, and that the following inscription be engraved on it, vizt : Captain William Ross, the Supreme Execu- tive Council present this mark of their approbation, acquired July the fourth, 1788, by your laudable firmness in support of the Com- monwealth.
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