USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XV > Part 44
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Upon application of Captain James McLean, informing Council that the corps of Invalids under his command are destitute of suffi- cient cloathing for the approaching season, and requesting directions from Council with respect to the manner of supplying them,
Ordered, That the said corps be supplyed at the expence of the State with such articles of cloathing as are necessary for the ensu- ing season, and that the amount be deducted from their several pensions.
Upon the petition and recommendation from the Justices of Berks county, in favor of Jacob Miller,
Ordered, That the several fines due to the State, and the pun- ishment at hard labour, to which the said Jacob Miller was sen- tenced by the Court of General Quarter Sessions of the peace and jail delivery of said county, held in the month of August last, upon his being convicted of larceny upon two indictments, be remitted.
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Upon consideration of the petitions of James Eagen and John Miller of Lancaster county, and recommendations in their favor · from some respectable inhabitants of said
Ordered, That the several fines and that part of the several for- feitures of a quantity of liquors which belongs to the Common- wealth, incurred by them for neglecting to enter the same with the Collector of Excise of Lancaster county, be remitted.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Saturday, October 4th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Pre- sident.
Henry Hill, David Redick, -
Samuel Dean,
Frederick Watt,
James Read, John Baird,
George Ross,
George Woods, and
John Smilie,
Christopher Kucher,
Samuel Edie,
Several of the members present agreed to meet at the President's house in the afternoon.
The Council met the same day, P. M., at the President's house. PRESENT : His Excellency BENJAMIN FRANKLIN, Esquire, President.
David Redick, and
The Hon'ble John Smilie, John Baird, George Ross, Esquires.
An order was drawn upon the Treasurer in favor of the Honor- able George Ross, Esquire, for fifty pounds, to be paid by him agree- ably to Act of Assembly, dated this day to the person or persons who was or were concerned in apprehending and securing a certain George Sinclaire, who hath been out-lawed.
The Council met.
PHILADELPHIA, Monday, October 6th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Henry Hill, Samuel Edie,
Samuel Dean, George Woods,
George Ross, David Redick,
Esquires.
James Read,
Frederick Watt, and
John Smilie,
Christopher Kucher,
John Baird, On motion,
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Resolved, That to-morrow Council will meet at the President's house, to take into consideration the Act of Assembly, to establish
Esquires.
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MINUTES OF THE
a Board of Wardens for the Port of Philadelphia, and for other pur- poses therein mentioned, dated the fourth instant, so far as relates to the appointment of said Wardens.
Mr. Woods was appointed a member of the Board of Property.
The Council met.
PINILADELPHIA, Tuesday, October 7th, 1788, at the President's House.
PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President.
The Honorable PETER MUHLENBERG, Esquire, Vice President.
Samuel Dean, Samuel Edie,
Henry Hill, George Woods,
George Ross, David Redick,
James Read, Frederick Watt, and
John Smilie,
Christopher Kucher,
John Baird,
.An order was drawn upon the Treasurer, vizt: In favor of the Honorable George Ross, Esquire, for the sum of seventy-five pounds, in full for his attendance in Council from the ninth of July, until the sixteenth of October, 1788, inclusively.
A letter was written to the Honorable the Delegates of this State, requesting them to make application to Congress for a prolonga- tion of the time allowed the Commissioners for examining and set- tling the accounts of this State with the United States, in which letter was inclosed a copy of a resolution of the General Assembly, dated the fourth instant, authorizing such application.
Agreeably to the Minute of yesterday, Council took into consid- eration the Act of General Assembly, passed the fourth instant, en- tituled " An Act to establish a Board of Wardens for the Port of Philadelphia, and for other purposes therein mentioned;"
And on motion, it was
Resolved, That Samuel Caldwell, Esquire, be re-appointed Col- lector of Tonnage ..
The Board then proceeded to the appointment of Wardens under the before mentioned Act of Assembly, and the ballots being taken for the several candidates, it appeared that the Gentlemen here- after named were duly elected, vizt : John Maxwell Nesbitt, James Craig, junior, William Allibone, Nathaniel Falconer, Robert Pais- ley, Francis Gurney and Philip Benezet.
Esquires.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
. PHILADELPHIA, Wednesday, October 8th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Samuel Dean,
Samuel Edie,
George Ross,
George Woods,
James Read, David Redick,
Esquires.
John Smilie,
Frederiek Watt, and
John Baird,
Christopher Kucher,
The petition of John Glen, for a remission of the militia fines imposed on him from the first of November, 1777, to the first of May, 1781, and sundry certificates proving that during that time he was employed by Colonel Benjamin Flower as contractor for lumber, &ca., for the United States, being read,
Ordered, That the said John Glen's militia fines from the first of November, 1777, until the first of May, 1781, be remitted.
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable William Augustus Atlee, Esquire, for one hundred and fifty pounds, being one quarter's salary as one of the Judges of the Supreme Court, ending the twenty-fifth of Sep- tember last, according to the Comptroller General's report.
In favor of the Honorable Samuel Dean, Esquire, for fourteen pounds five shillings, in full. for his attendance in Council from the twenty-second of September until the ninth of October, 1788, in- clusively, and his mileage.
A petition from divers inhabitants, freeholders of the district of the townships of Colebrookdale, Earl, and Oley, in the county of Berks, complaining of irregular proceedings at the last election of Justices of the Peace held in the said district, and praying that an inquiry may be made according to law, and if it shall appear that the said election was illegally conducted, that the same may be set aside and a new election ordered, was read. And the question, " Shall the prayer of the petition aforesaid be granted, and an en- quiry ordered," being put, it was determined in the negative, vizt :
YEAS. NAYS. NAYS.
Mr. Baird, Mr. Vice President, Mr. Edie,
Mr. Redick, Mr. Ross, Mr. Watt, and
Mr. Smilie,
Mr. Woods,
Mr. Kucher.
Mr. Read.
Colonel Isaac Melcher represented to Council, that seven patents from the Commonwealth, granted him for lands within this State, have been so defaced by fire as to be rendered useless, and request-
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MINUTES OF THE
ed that the great seal may be affixed to the like number of copies, and that the same may be signed by the President; it was there- upon,
Resolved, That Mr. Melcher's request be granted, upon his pro- ducing a certificate from the Master of the Rolls that the said copies have been by him carefully compared with the record, and found to agree therewith.
The Council met.
PHILADELPHIA, Thursday, October 9th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Henry Hill, George Woods,
Samuel Dean, Christopher Kucher,
George Ross, David Redick,
James Read, John Smilie, and
· Samuel Edie,
John Baird,
Frederick Watt,
On motion,
Resolved, That George Wallace, Esquire, be appointed President of the Courts of Common Pleas and General Quarter Sessions of the Peace and Jail Delivery, and of the Orphans' Court, of the county of Allegany.
The Council met.
PHILADELPHIA, Friday, October 10th, 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
George Ross,
George Woods,
James Read, Samuel Edie,
Christopher Kucher,
David Redick,
Frederick Watt,
John Baird,
Esquires.
John Smilie,
On motion,
Ordered, That to- morrow be appointed for the consideration of the case of the children of Captain William Shippen, relative to their pension, and that the Attorney General be requested to at- tend Council at ten o'clock, upon the said business.
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SUPREME EXECUTIVE COUNCIL.
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable William Augustus Atlee, Esquire, for twenty-five pounds ; and in favor of the Honorable George Bryan, Esquire, for the, same sum, for the purpose of defraying their ex- pences as Judges of the Supreme Court and of the Court of Oyer and Terminer and General Jail Delivery of this State on the en- suing circuit, for which several sums they are to account.
In favor of Andrew Ellicott, Esquire, for forty-four pounds, to reimburse him for two horses lost when in the employ of the State, in the business of running and marking the northern boundary of Pennsylvania, according to the Comptroller General's report.
In favor of Benjamin Ellicott, for one pound five shillings, in full of his account for making a map of the new acquired territory on Lake Erie, for the purpose of information to the Commissioners appointed to purchase the claim of the natives to the said territory, according to the Comptroller General's report.
In favor of Valentine Hoffman, for six pounds twelve shillings, for bushing one cannon belonging to the State and for bringing the same to Philadelphia, according to the Comptroller General's re- port, to be paid out of the monies arising from militia fines in the city and liberties of Philadelphia.
Upon consideration of the petition of Henry Grim, and a recom- mendation from the Collector of Excise and two of the Justices of the Peace of the city and county of Philadelphia,
Ordered, That the moiety of the forfeiture of eighty-one gal- lons of rum, which belongs to the Commonwealth, incurred by him for neglecting to enter the same in due time with the said Collec- tor of Excise, be remitted.
The Council met.
PHILADELPHIA, Saturday, October 11th 1788. PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- Hent.
Henry Hill,
George Woods,
George Ross, Samuel Edie,
James Read, John Baird, Esquires.
David Redick,
Christopher Kucher, and
John Smilie,
Frederick Watt,
An order was drawn upon the Treasurer in favor of John Nich- olson, Esquire, for fifty pounds, being one-quarter's salary due to his Clerk on the tenth instant, according to the Comptroller Gene- ral's report, and an act of Assembly dated the fourth day of April, 1785.
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A letter from James Craig, Jun'r, requesting Council to accept his resignation of the office of Warden of the Port, to which he was elected on the seventh instant, was read, and the said resigna- tion accepted: Council thereupon proceeded to the appointment of a Warden to fill the said vacancy, and the ballots being taken for the several candidates it appeared that Captain Leeson Simmonds, was duly elected.
Upou consideration of the petition of Hugh Patton, of the city of Philadelphia, praying that the Collector of the Customs may be instructed to receive his entry for the exportation of a quantity of teas which he shipped for Virginia on board the sloop Betsy and Polly, in order that he may have an allowance or drawback of the duties thereon,
Ordered, That the prayer of the said petition be granted.
The Attorney General attended and informed Council that he has endeavored to bring forward an investigation of the claim of Jeremiah Fisher, to an additional pension for the children of Cap- tain William Shippen, deceased, before the Judges of the Supreme Court, but the hurry of business in the said Court has hitherto prevented it, and that he is ready to meet Mr. Fisher's Council at any time when it may be convenient to the Judges, to give a hear- ing upon the said business.
The Council met.
PHILADELPHIA, Monday, October 13th, 1788.
PRESENT :
The Honorable PETER MUHLENBERG, Esquire, Vice Presi- dent.
Henry Hill, George Woods,
George Ross, Samuel Edie,
James Read, John Baird,
Esquires.
David Redick, Christopher Kucher, and
John Smilie, Frederick Watt,
On motion,
Ordered, That the Secretary inform James Pettigrew, Esquire, Collector of Excise for the county of Northampton, that unless he forthwith gives sureties in the room of those he now has, he will be superceded.
An order was drawn upon the Treasurer in favor of the Honor- able Peter Muhlenberg, Esquire, for twenty-one pounds five shil- lings, being a ballance due upon his account for his salary as Vice President of the State, ending this day.
The Comptroller General's report upon the account of James Pettigrew, Esquire, Collector of Excise in the county of North-
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SUPREME EXECUTIVE COUNCIL.
ampton, from the twentieth day of June, 1786, until the twentieth day of June, 1788, was read and approved, and the Comptroller General directed to take the necessary steps to recover from James Pettigrew, the ballance of two hundred and seventy-one pounds thirteen shillings and two pence, due to the State upon the said ac- count.
A deed was examined and signed by the Honorable the Vice President, conveying to William Sheaf, in ffee simple, two lots of ground marked with the letter D, and number 57, being part of the ground whereon the barracks lately stood in the Northern Lib- erties, containing in breadth north and south on Third street thir- ty-three feet nine inches, on Rose alley eighteen feet four inches and a half, and on Green street one hundred and twelve feet. Con- sideration one hundred and four pounds. Deed dated ninth in- stant.
The Council met at the President's house.
PHILADELPHIA, October 14th, 1788.
PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President. The Honorable Samuel Edie, John Smilie,
George Woods, John Baird, and Esquires. Henry Hill, David Redick,
Council finding that Mr. Muhlenberg, Esquire, had gone out of town without resigning his office of Vice President, it was
Resolved, That an express be sent to him with a letter from Council requesting him to send in his resignation. A letter was ac- cordingly written and forwarded by John White, Express.
The Council met at the President's house the same day at eight o'clock, P. M.
PRESENT :
His Excellency BENJAMIN FRANKLIN, Esquire, President.
Henry Hill, George Ross, 7
George Woods,. John Baird,
David Redick,
Frederick Watt, and >Esq's.
John Smilie, Christopher Kucher,
Samuel Edie,
Council received a letter from the Honorable Vice President, in- closing his resignation, which was accepted. The Board then pro-
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MINUTES OF THE
ceeded to the choice of a Vice President, and the ballots being taken it appeared that the Honorable David Redick, Esquire, was duly elected.
The Council met.
PHILADELPHIA, Wednesday, October 15th, 1788.
PRESENT :
The Honorable DAVID REDICK, Esquire, Vice President.
George Ross, John Baird,
James Read, Frederick Watt,
Samuel Edie, Christopher Kucher, and
John Smilie, George Woods,
Esquires.
The oath directed by the Constitution was administered to the Honorable David Redick, Esquire, to qualify him for the exercise of his office of Vice President of this Board.
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable George Woods, Esquire, for thirty- one pounds, in full for his attendance in Council from the eigh- teenth of September until the fifteenth of October, 1788, inclu- sively, and his mileage.
In favor of the Honorable Samuel Edie, Esquire, for twenty- seven pounds, in full for his attendance in Council from the eighteenth of September until the fifteenth of October, 1788, in- clusively, and his mileage.
The Council met.
PHILADELPHIA, Thursday, October 16th, 1788.
PRESENT :
The Honorable DAVID REDICK, Esquire, Vice President.
James Read, Samuel Edie,
John Smilie, George Woods,
John Baird, Frederick Watts, and
Esquires.
George Ross, Christopher Kucher,
Zebulun Potts, Esquire, took his seat at the Board as Councillor for the county of Montgomery, upon a return made of the general election for the said county, agreeably to law, having proviously taken the oaths required by the Constitution.
By the same return it appears that Francis Swaine, Esquire, and John Pugh, are returned as Sheriffs elect, and Sainuel Hines and Patrick Hanely as Coroners elect, for the county of Montgomery.
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SUPREME EXECUTIVE COUNCIL.
On motion,
Ordered, That Francis Swaine, Esquire, be appointed and com- missionated Sheriff, and Samuel Hines Coroner, of the county of Montgomery.
Upon consideration of the petition of Conrad Hoke, and a recom- mendation in his favor from a number of respectable inhabitants of York county,
Ordered, That the fine of twenty-five pounds, payable to the use of the Commonwealth, which was imposed upon him by the Supreme Court, held at York town in January, 1787, upon his being convicted of a riot, be remitted.
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable Henry Hill, Esquire, for seventy-six pounds ten shillings, in full for his attendance in Council until the fourteenth day of October, 1788. inclusive. .
In favor of John Nicholson, Esquire, for two hundred pounds, being one quarter's salary as Comptroller General, ending the thir- teenth instant.
In favor of the said John Nicholson, Esquire, for fifty-five pounds, for defraying the contingent expenses of the Comptroller General's office, and for purchasing fire-wood for the corps of Invalids, for which sum he is to account.
A return of the general election for the county of Berks, was received and read, by which it appears that Jacob Bawer and Philip Kreemer, Esquires, were duly elected Sheriffs, and Peter Feather, Junior, and George Nagle, Coroners of the said county.
On motion,
Ordered, That the said Jacob Bawer, Esquire, be appointed and commissionated Sheriff, and the said Peter Feather, Jun'r, Coroner, of the said county of Berks.
Colonel Nicholas Lutz and Henry Spohn, of the county of Berks, were offered and accepted as sureties for the said Jacob Bawer's faithful performance of the duties of his office of Sheriff.
The Comptroller General's report upon the account of the Hon- orable Frederick Watts, for storage of public arms and accoutre- ments, from April, 1780, until the end of the war, amounting to fifteen pounds, was read and approved, and an order drawn upon the Treasurer in his favor for the said sum, payable out of the monies arising from militia fines in the county of Cumberland.
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The Council met.
PHILADELPHIA, Friday, October 17th, 1788. PRESENT :
The Honorable DAVID REDICK, Esquire, Vice President.
George Ross, George Wood,
James Read, John Smilie,
Frederick Watt,
John Baird,
Esquires.
Samuel Edie,
Christopher Kucher,
Agreeably to the Comptroller General's report, an order was drawn upon the Treasurer in favor of Mrs. Eleanor Hitchcock, for the sum of twelve pounds, in full of her account for her services in the years 1775 and 1776, in erecting at Cape Henlopen a large pole, and hoisting thereon from time to time two flags, as signals to vessels belonging to the bay and river Delaware, of the approach of the enemy, pursuant to instructions from the Committee of Safety, dated September sixteenth, 1775.
Upon application of Andrew Brown, printer of the newspaper called the Federal Gazette,
Resolved, That the Door-keeper be directed to take six copies of the said Gazette, for the use of Council, on each day of publica- tion.
A return of the general election of the county of Chester, was re- ceived and read, and Ezekiel Leonard, Esquire, thereupon appointed and commissionated Sheriff, and John Underwood, gentleman, Coro- ner of the said county. Emor Jefferies and Joel Bailey, of the county of Chester, were offered and accepted as securities for Ezekiel Leonard's faithful performance of the duties of his office of Sheriff.
By the said return, it appeared that Richard Willing, Esquire, was duly elected Councillor for the said county of Chester.
Richard Willing, Esquire, Councillor elect for the county afore- said, attending, was admitted to his seat at the Board, having pre- vicusly taken the oaths required by the Constitution.
The Honorable Peter Muhlenberg and John Richard, Esquire, were offered and accepted as securities for Francis Swaine's faithful performance of the duties of his office of Sheriff of Montgomery county.
A return of the general election for the county of Bucks, was received and read, and Jacob Bennet, Esquire, thereupon appointed and commissionated Sheriff, and Isaac Vanhorne Coroner of the said county.
James Fate and William Bennet, of the county of Bucks, were offered and accepted as securities for Jacob Bennet's faithful dis- charge of the duties of his office of Sheriff; by the said return, it
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SUPREME EXECUTIVE COUNCIL.
appeared that Amos Gregg, Esquire, was duly elected Councillor for the county of Bucks.
The Council met.
The same day, at five o'clock, P. M.
PRESENT :
The Honorable DAVID REDICK, Esquire, Vice President.
James Read, John Smilie,
George Ross,
Christopher Kucher,
Frederick Watts,
Samuel Edie, and Esquires.
John Baird,
Richard Willing,
George Woods,
Return of the general elections for the city and county of Phila- delphia, were received and read, by which it appeared that the fol- lowing gentlemen were elected, vizt :
Samuel Miles, Esquire, Councillor for the city of Philadelphia ; Thomas Mifflin, Esquire, Councillor for the county of Philadel- phia.
James Ash and William Will, Sheriffs, and John Leacock and John Knight, Coroners for the said city and county of Philadel- phia.
A petition from William Will, Esquire, complaining of undue proceedings at the late election of Sheriffs in the city and county of Philadelphia, and praying that Council will refuse to grant a commission to the person highest in vote on the return, that sub- ponas may issue, to compel the attendance of his witnesses, and that he may have access to the list of voters, was read.
Council being informed that Jacob Gideon, John Haydon, Isaac Wheeler, Thomas Ireland, John McLean, and Samuel Talman, witnesses named by Colonel Will, are about to leave the city, it was
Resolved, That a subpoena issue under the less seal of the State, requiring their attendance in Council to-morrow at ten o'clock in the forenoon, to give evidence concerning the irregular proceedings complained of.
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The Council met.
PHILADELPHIA, Saturday, October 18th, 1788. PRESENT :
The Honorable DAVID REDICK, Esquire, Vice President.
George Ross,
John Baird,
James Read,
Christopher Kucher,
Richard Willing,
Thomas Mifflin, and
Esq'rs.
Samuel Edie,
George Woods,
Frederick Watt,
An order was drawn upon the Treasurer in favor of the Honor- able James R. Ried, Esquire, for thirty-three pounds seventeen shillings, ballance due upon his account for his attendance in Con- gress as a Delegate from this State untill the twenty-second instant, inclusively and his mileage, according to the Comptroller Gene- ral's report.
Council proceeded to the consideration of the complaint and peti- tion against the late election of Sheriffs in the city and county of Philadelphia ; and thereupon,
Resolved, That Plunket Fleeson, Esquire, be desired to furnish to Council as soon as may be the list of names of the persons who voted at the general election held in the city and county of Phila- drlphia, on the fourteenth instant, for the information of the Board.
Jacob Gideon, one of the witnesses named by Colonel William Will, was called in and sworn.
Whereupon, it was moved by Mr. Smilie, seconded by Mr. Baird, that in examining witnesses in the case of Sheriffs' elec- tions for the city and county of Philadelphia, the witnesses shall be permitted to give their narrative in their own way, without in- ¿erruption.
And on the question to agree to the same, Council being divided, the yeas and nays were required, and were as follows, vizt :
YEAS. NAYS. NAYS.
Mr. Smilie, Mr. Vice President, Mr. Woods,
Mr. Kucher, Mr. Edie,
Mr. Ross.
Mr. Watt, Mr. Read,
Mr. Baird, Mr. Willing,
So it was determined in the negative.
It was then moved by Mr. Woods, seconded by Mr. Ross, that Jacob Gideon be permitted to go on with his evidence without in- :erruption of such facts as he knows of his own knowledge touch- ing the late election of Sheriffs for the city and county of Phila- delphia.
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SUPREME EXECUTIVE COUNCIL.
And on the question to agree to the same, the yeas and nays were required, and were as follows, vizt :
YEAS. YEAS. NAYS.
Mr. Vice President, Mr. Read,
Mr. Smith,
Mr. Willing, Mr. Ross, Mr. Kucher,
Mr. Edie, Mr. Woods, Mr. Watts, and Mr. Baird.
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