Colonial records of Pennsylvania, Vol. XV, Part 43

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


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CHARLES BIDDLE, Secretary.


The Council met.


PHILADELPHIA, Wednesday, September 24th, 1788. PRESENT :


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


Henry Hill, John Cannon, 7


Christopher Kucher, Samuel Edie,


Abraham Smith, George Ross,


John Smilie, Nathan Dennison, and


William Maclay,


John Baird,


Esquires.


George Woods,


An order was drawn upon the Treasurer in favor of Lieutenant Colonel Francis Mentges, for one hundred pounds, being the sum allowed him by act of Assembly, dated the twentieth day of this month, for his services as Inspector of Militia of this State, and of the public arms under the direction of Council.


Agreeably to a resolve of the General Assembly of yesterday, re- questing a respite of the execution of Abraham Doan and Levi Doan, for six days, Mr. Fitzimmons, Mr. Lewis, and Mr. Ritten- house, the committee appointed by the said resolve, attended in Council, and a conference was held on the case of the said Abraham Doan and Levi Doan. After some time spent therein, the commit- tee withdrew.


It was then moved to respite Abraham Doan and Levi Doan, untill Tuesday next, and was negatived. It was moved to recon- sider the vote respecting Abraham Doan and Levi Doan, and was negatived.


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545


SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, Thursday, September 25th, 1788.


PRESENT :


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


Christopher Kucher,


Samuel Edie,


Abraham Smith,


George Ross,


John Smilie,


Nathan Dennison,


William Maclay,


John Baird, and


1 Esquires.


George Woods, John Cannon,


Henry Hill, .


On motion,


Resolved, That to-morrow Council will appoint a Prothonotary for the county of Allegany.


William Henderson, 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 town of Green Castle.


The following orders were drawn upon the Treasurer, vizt :


In favor of the Honorable John Cannon, Esquire, for twenty- four pounds, in full for his attendance in Council from the twenty- fourth of August untill the twenty-sixth of September, 1788, in- clusively.


In favor of the Honorable Nathan Dennison, Esquire, for six pounds, for eight days' attendance in Council, from the eighteenth until the twenty-fifth of September, 1788, inclusively.


In favor of the Honorable Jacob Rush, Esquire, for one hundred and fifty pounds, in full of his account for one quarter's salary as a Judge of the Supreme Court, ending the eighteenth instant.


In favor of the Honorable Samuel Meredith, Esquire, for one hundred and nineteen pounds eleven shillings, in full of his account for his pay as a Delegate from this State to Congress, from the twenty fifth of July until the fourteenth of September, 1788, and his mileage.


In favor of the widow and children of Baltzer Cline Smith, late of the Northumberland county militia, deceased, for forty-eight pounds fifteen shillings, payable out of the militia fines of said county, being due for their pension from the fifteen of July, 1788, until the twenty seventh of August, 1788, according to the Comp- troller General's report, and an act of Assembly, dated the twen- tieth of March, 1780.


In favor of 'Mary Sloan, late widow of David Sloan, deceased, for eight pounds thirteen shillings and four pence, being the residue of her pension, according to the Comptroller General's report, and an act of Assembly, dated the first day of March, 1780.


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MINUTES OF THE


In favor of the widow of William Henry, Esquire, late of the county of Lancaster, deceased, for the four following sums, accord- ing to the several reports of the Comptroller General, vizt :


For the sum of two hundred and sixty-pounds five shillings and eleven pence, payable out of the neat proceeds of the sales of British merchandize seized at Lancaster in the year 1782, in the hands of Mr. Taylor, being one moiety of the said neat proceeds, to which the said William Henry was entitled.


For the sum of eighty-eight pounds twelve shillings and ten pence, payable out of the militia fines of the county of Lancaster, being a ballance due upon his account for military stores furnished for public use in the year 1782 and 1783.


For the sum of six pounds nine shillings and seven pence, amount of an account for cash advanced for expences of an Indian prisoner, for expresses with letters on public service, for his own expences, to, at, and from Carlisle, on business of the State, &ca.


For the sum of nine pounds five shillings and three pence, in full of his account for his services in the convention which sat in order to regulate trade, in the month of January, 1780.


A letter from the Board of Treasury of the United States, dated the nineteenth of this month, inclosing a copy of a letter written by the Board to the Comptroller of accounts for the State of Con- necticut, on the subject of Invalid pensions, together with a copy of their report on the same subject, was received, read and filed.


On motion,


Resolved, That to-morrow be appointed for the consideration of the petition from some of the inhabitants of the district of Earl, Oley, and Colebrookdale townships, in Berks county, containing a complaint against the late election of Justices in said district.


The proposals of Robert Galbraith, Esquire, to clear and make . good the public road leading from Frankstown to the mouth of Loyalhanning creek, of the breadth of fifteen feet, except in places where digging or bridging is necessary, which places are to be but twelve fect, with convenient places for waggons to pass and repass, to be compleated by the first day of January next, for the sum of three hundred and ninety-three pounds in specie, one-half whereof to be paid to him immediately, and the other half when the said work is finished, were read and accepted by Council, and thereupon, an order drawn upon the Treasurer in favor of Rob- ert Galbraith, Esquire, for the sum of one hundred and ninety-six pounds ten shillings, to enable him to begin the said work.


Robert Galbraith, Esquire, offered Hugh Davidson and An- drew Henderson, Esquires, as sureties for his faithfully perform- ing the said work, who were accepted by Council, and a bond was accordingly executed.


Å letter from Timothy Pickering, Esquire, and sundry other pa- pers, relative to the application of Captain William Ross in be- half of the persons concerned in taking the late rioters in Luzerne


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SUPREME EXECUTIVE COUNCIL.


county, was read and referred to Mr. Maclay and Mr. Dennison to report thereon. The said committee made report, which was read and adopted, as follows, vizt :


The Committee to whom was referred the letter of Timothy Pickering, and sundry other papers, relating to the rewards for ap- prehending the rioters at Wioming, in pursuance of the proclama- tion of the eighth day.of July last, report : That a reward of one hundred dollars be paid for apprehending Benjamin Earl, (named in said proclamation,) taken by Captain Church and his party.


That the reward of one hundred dollars be paid for apprehend- ing Thomas Kinney, (named in said proclamation,) taken by Cap- tain Ross and his party.


That the reward of one hundred dollars be paid for apprehending Joseph Dudley, (named in the said proclamation) taken by Captain Rosewell Franklin, and that an order issue in favor of Captain William Ross, for the several sums above mentioned for the use of the persons who have apprehended the rioters aforesaid.


And thereupon,


An order was drawn upon the Treasurer in 'favor of Captain William Ross, for one hundred and twelve pounds ten shillings, be- ing the rewards offered by said proclamation for apprebending and securing the rioters before named, to be paid by Captain. William Ross to the persons concerned in taking them according to their several shares therein.


The consideration of the report of the Commissioners appointed by act of Assembly dated twenty-ninth of September, 1787, to survey and regulate the district of Southwark, was postponed until Thursday next.


The following letter from Council to the General Assembly, was. read and approved, vizt :


In Council, Philadelphia, September 25th, 1788.


SIR :- Colonel Pickering, in behalf of Captain William Ross, having preferred a claim which Council presume will merit the at- tention of your Honorable House, it is with no small pleasure I transmit the purport of it, expressed in that gentleman's letter to the Board


I have the honor to be with great respect,


Your most obedient and very humble servant,


PETER MUHLENBERG, Vice President.


Hon'ble Thomas Mifflin, Esq'r,


Speaker of the General Assembly.


548


MINUTES OF THE


The Council met.


PHILADELPHIA, Friday, September 26th, 1788. PRESENT :


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


. Abraham Smith, George Ross,


Christopher Kucher, . Nathan Dennison,


John Smilie, John Baird,


William Maclay, Henry Hill,


George Woods,


James Read,


John Cannon, Somuel Edie,


Samuel Dean,


Esquires.


Agreeably to the order of the day, Council proceeded to the elec- tion of a Prothonotary for the county of Allegany, and the ballots being taken for the several candidates, it appeared that James Bry- son was duly elected.


Upon the petition of Anne Atkinson, now confined in the jail of this city,


Ordered, That the fine payable to the use of the State, and the punishment at hard labour to which she was sentenced by the City Court held in April last, upon being convicted of larceny in steal- ing the property of Martha Thompson, was remitted.


The record of the conviction of Ira Manvil and Benedict Satter- lie of a riot, being laid before Council by the Prothonotary of Luzerne county,


Ordered, 'I'hat an order issue in favor of Captain William Ross for seventy-five pounds, being the reward offered by proclamation of Council, dated the eighth of July last, for apprehending and securing the said Ira Manvil and Benedict Satterlie, to be paid by Captain Ross to the several parties concerned in taking them, ac- cording to their several shares therein.


On motion,


Ordered, That James Brison, Esquire, be appointed and commis- sionated to be Clerk of the Court of General Quarter Sessions of the Peace and Jail Delivery and Clerk of the Orphans' Court, and also a . Justice of the Court of Common Pleas in and for the county of Allegany.


519


SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, Saturday, September 27th, 1788.


PRESENT :


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


Samuel Dean, James Read, r


Abraham Smith, Nathan Dennisen,


William Maclay, John Smilie,


John Cannon,


Samuel Edie,


Esquires.


Christopher Kucher,


George Woods, and


George Ross,


John Baird, L-


An order was drawn upon the Treasurer in favor of the Honora- ble George Bryan, Esquire, for one hundred and fifty pounds, being one quarter's salary as a Judge of the Supreme Court, end- ing the twenty-fifth instant, according to the Comptroller General's report.


Upon consideration of a petition from a considerable number of the inhabitants of York town, in favour of William Kessecus, now confined in the jail of York county,


Ordered, That the fine payable to the use of the Commonwealth, and the punishment at hard labour to which the said William Kes- secus was sentenced by the Court of General Quarter Sessions of the Peace and Jail Delivery, held at York town the last Tuesday in July last, upon his being convicted of larceny, be remitted. .


The fine due to the State, imposed upon Jane Match, now confined in the work-house of this city, upon her being convicted at the last City Court of keeping a tipling house, was also remitted, agreeably to the prayer of her petition.


On motion,


Ordered, That Tuesday next be appointed for the election of a Lieutenant for the county of Allegany.


VOL. XV .- 36.


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550


MINUTES OF THE


The Council met.


PHILADELPHIA, Monday, September 29th, 1788.


PRESENT :


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


Henry Hill,


William Maclay,


James Read,


Samuel Edie,


Samuel Dean,


Christopher Kucher,


Esquires.


George Ross, John Baird,


Abraham Smith,


David Redick, and


John Smilie, George Woods,


An order was drawn upon the Treasurer in favor of the Honora- ble John Armstrong, jun'r, Esquire, for one hundred and fifty pounds, in part of his pay as a Delegate from this State to Con- gress, for which sum he is to account.


Samuel Jones, Esquire, was commissionated Register for the Probate of Wills and granting Letters of Administration and Re- corder of Deeds in and for the county of Alleghany, agreeably to the appointment of him to those offices by the General Assembly on the twenty-seventh instant.


Samuel Jones, Esquire, was also appointed and commissionated a Justice of the Court of Common Pleas in and for the county of Allegany aforesaid.


James Barr and George Wallace, Esquires, of Westmoreland county, were now offered and accepted by Council as sureties for James Brison's faithful performance of all the duties required of him as Prothonotary of the county of Allegany.


A letter from the Comptroller General was read ; and thereupon it was


Ordered, That the same be transmitted to the General Assem- bly, together with the following letter, vizt :


In Council, Philadelphia, September 29th, 1788.


SIR :- The inclosed letter from John Nicholson, Esquire, Comp- troller General, recommending an application to Congress for a prolongation of the time allowed the Commissioner for examining the accounts of this State with the Union, the Board have direct- ed me to transmit to you for the consideration of the General Assembly.


I have the honor to be, with great respect, your obedient and very humble servant,


PETER MUHLENBERG, V. P. Honorable THOMAS MIFFLIN, Esquire, Speaker of the General Assembly,


551


SUPREME EXECUTIVE COUNCIL.


The Council met.


· PHILADELPHIA, Tuesday, September 30th, 1788.


PRESENT :


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


Henry Hill,


William Maclay,


James Read,


Samuel Edie,


Samuel Dean, Christopher Kucher,


Esquires.


George Ross, John Baird,


Abraham Smith,


David Redick, and


John Smilie, George Woods,


The Secretary informed Council that agreeably to their direc- tions he had presented Captain William Ross with the sword they had ordered him.


Captain Ross desired the Secretary to acquaint the Board that he entertains the highest sense of the honor done him by their · present, and that he will ever be ready to use it in support of the laws of the Commonwealth.


The following orders were drawn upon the Treasurer, vizt :


In favor of James Elliott for twenty-five pounds two shillings, in full of his account for boarding and attendance upon John Frank- lin, a State prisoner, during his illness, and for sundry necessaries furnished to him, according to the Comptroller General's report of this date.


In favor of Frederick Snyder for thirty-three pounds fifteen shil- lings, for purchasing fire wood for the use of this Board, he to be accountable.


A petition from the inhabitants and freeholders of the south- west part of Montgomery county, praying that the said south west part of said county, vizt : Beginning where the Berks county line intersects the river Schuylkill, then down the river to the division line between New Hanover and Limerick townships, then along the said line until it strikes the great road leading from Philadel- phia to Colebrookdale, thence along the said road to the Berks county line, thence down the said line to the place of beginning," may be erected into a district for the election of Justices of the Peace, was read, together with a recommendation from the Justices of said county ; it was thereupon


Ordered, That the said south-west part of Montgomery county, as before described, be and the same is hereby erected into a sepa- rate district for the purpose of electing Justices of the Peace.


Agreeably to the minute of Saturday last, Council proceeded to the choice of a Lieutenant for the county of Allegany, when General Richard Butler was unanimously elected to that office and he was commissionated accordingly.


552


MINUTES OF THE


John Pomroy, Esquire, was appointed and commissionated a Jus- tice of the Peace and of the Court of Common Pleas in and for the county of Westmoreland, upon a return made according to law, for the district of the township of Derry.


Mr. Clymer, Mr. McLene, Mr. Peters, Mr. Kennedy, Mr. Fin- ley, Mr. Logan, a committee from the General Assembly, attending were introduced and a conferrence was held upon the subject of the depreciation of the paper currency.


Henry Taylor, Esquire, was appointed and commissionated a Justice of the Peace for the district of the township of Straban, . James Edgar a Justice of the Peace for the district of the township of Smith, and William McFarland a Justice of the Peace for the district of the township of Amwell in the county of Washington, upon returns made according to law, for the said several districts.


Henry Taylor, James Edgar, and William McFarland, Esquiras, were also appointed aud commissionated Justices of the Court of Commonpleas in and for the county of Washington.


On motion,


Ordered, That the said Henry Taylor, Esquire, be appointed and commissionated 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 of the county of Washington.


Two returns of Justices from the districts of the townships of Cecil and Dickinson in the county of Washington, were read and not allowed, as the whole of Dickinson, and part of Cecil district has been struck off to the county of Alleghany.


Upon consideration of the petition and recommendation in favor of James Skelton of Chester county,


Ordered, That the fine of ten pounds, payable to the use of the Commonwealth, which was imposed upon him by the Court of Gen- eral Quarter Sessions of the peace of the said county, upon his be- ing convicted of fornication and bastardy, be remitted.


553


SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, Wednesday, October 1st, 1788.


PRESENT :


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


Henry Hill, James Read,


Samuel Dean,


John Baird,


Abraham Smith,


Samuel Edie,


David Redick,


George Woods,


Esquires.


John Smilie,


Frederick Watts, and


George Woods,


William Maclay,


George Ross,


The following orders were drawn upon the Treasurer, vizt :


In favor of the Honorable Abraham Smith, Esquire, for the sum of forty-two pounds, in full of his account for his attendance in Council from the eighth of August untill the second of October, 1788, inclusively.


In favor of the Honorable Thomas M'Kean, Esquire, for the sum of two hundred and fifty pounds, being one quarter's salary as Chief Justice of this Commonwealth, ending the twenty-fifth of September, 1788, according to the Comptroller General's report.


In favor of Frederick Sneider, for the sum of fifteen pounds, for his wages as Doorkeeper to Council, from the first untill the thirty-first of September, 1788, inclusively,


In favor of Joseph Hubley, Esquire, for the sum of fifteen pounds, in full for his services in conducting one hundred and sixteen re- cruits from Philadelphia to camp, and untill his return to Lan- caster, in the months of June and July, 1780.


Council taking into consideration the resolution of the General Assembly, dated September the thirteenth last, authorizing and empowering this Board to appoint two persons as Commissioners, to negotiate and complete the purchase of the triangular piece or tract of country lying and being between the northern boundary of this State and Lake Erie, from the Indians who have just claims thereto.


Thereupon,


Resolved, That General Richard Butler and General John Gibson, be appointed Commissioners to carry into effect the said resolutions so far as circumstances will admit.


Resolved, That Mr. Maclay and Mr. Smilie be appointed a Com- mittee to prepare and report to the Board, a draft of instructions to the said Commissioners.


554


MINUTES OF THE


The Council met.


PHILADELPHIA, Thursday, October 2nd, 1788.


PRESENT :


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


Henry Hill,


George Ross,


Samuel Dean,


James Read,


Abraham Smith, John Baird,


Esquires.


David Redick,


Samuel Edie,


John Smilie,


Frederick Watt,


George Woods,


William Maclay,


An order was drawn upon the Treasurer in favor of the Honora- ble William Maclay, Esquire, for seven pounds ten shillings, in full for his attendance Council from the twenty-third of September untill the second of October, 1788, inclusively.


On motion,


Resolved, That in cases where patents have or may hereafter issue, and when error or errors shall have crept in through the inadvertance or mistake of any of the officers concerned in the survey- ing or other departments of the Land Ofice business, and where a new patent may be necessary to rectify such mistake, the seal of the Commonwealth may be affixed without fee or reward.


Upon consideration of the report of the committee to whom were referred the several memorials from Thomas Briton and others, and from Anthony Butler, in behalf of Messieurs John Penn, Junior, and John Penn, Esquires, with the several papers accompanying the same, vizt :- That an interference by Council respecting the lots alluded to in said memorials, while a dispute is depending at law between the parties aforesaid, will be improper; it was


Resolved, That the same be adopted.


The consideration of the report of the Commissioners appointed by act of Assembly, dated the twenty-ninth of September, 1787, to survey and regulate the district of Southwark, was postpon'd.


The committee appointed to prepare a draft of instructions to the Indian Commissioners, made report of the following, which was read and adopted, vizt : .


In Council, Philadelphia, October 2nd, 1788.


GENTLEMEN :- You will herewith receive a resolution of the Honorable the General Assembly of the thirteenth ultimo, together with the several resolutions of Congress, respecting the triangular piece of Country which lies adjoining Lake Erie and the northern line of Pennsylvania, by which you will find that this State is now vested with both right of jurisdiction and soil. You will likewise receive a commission for the purpose of purchasing from the Na-


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SUPREME EXECUTIVE COUNCIL.


tives their claim to the soil, agreeably to the constant usage of Pennsylvania, as also a rough draft of the country in question, laid down by Mr. Ellicot, in the best manner he has been able from his present knowledge of it.


The Supreme Executive Council are very sensible of the great difficulties which you progress in this business, must be attended with not having the monies necessary for this service in your pre- sent disposal, nor would the Board by any means have imposed the task under such a circumstance, had it not been on account of the advantage which will probably result from the present Convention of these Indians at Muskingum, or perhaps the advantage of find- ing them at Pittsburgh on their way to their own country, might be a more favorable place, so that you will have either in your power.


The Board have great reliance on your prudence, sagacity and particular knowledge of these people, as well as a proper knowledge of their present disposition from the Continental transactions, which one of you have or are now especially conversant with. If therefore, you shall find the Indians who have just claims in a proper temper or otherwise, you will be governed accordingly, whether to com- mence the business at present or leave it over until you shall have prospects more favorable ; it is, however, hoped that you may be able to dispose the minds of these people, at least to appoint dele- gates to meet at a certain future day and place, to finish what you have happily now begin.


I have the honor to be, Gentlemen, with great respect,


Your most obedient and very humble servant,


PETER MUHLENBERG, V. President.


General RICHARD BUTLER and JOHN GIBSON, Commissioners for purchasing from Indians, &ca.


An order was drawn upon the Treasurer in favor of the said Com- missioners, for sixty pounds, to enable them to proceed in carrying into effect the before mentioned resolutions.


. 556


MINUTES OF THE


The Council met.


PHILADELPHIA, Friday, October 3rd, 1788. PRESENT :


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


Henry Hill, George Ross,


Samuel Dean,


James Read,


Abraham Smith, John Baird,


David Redick,


Samuel Edie, and


Esquires.


John Smilie,


Frederick Watt,


George Woods,


Two orders were drawn upon the Treasurer in favor of Captain James McLean, the one for forty-five pounds six shillings and three pence, being one month's pension due to himself and the corps of Invalids under his command, and the other for sixteen pounds seven shillings for his subsistence in the months of July, August and September, 1788, according to the Comptroller General's report.




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