Colonial records of Pennsylvania, Vol. XV, Part 45

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


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So it was determined in the affirmative.


Upon application of Colonel William Will to be heard by Coun- cil,


Resolved, That his request be granted, and his Council was ac- cordingly admitted.


The Council met.


The same day, P. M.


PRESENT :


The Honorable DAVID REDICK, Esquire, Vice President.


George Ross, John Baird, 7


James Read, Christopher Kucher,


Richard Willing,


George Woods,


Samuel Edie,


John Smilie,


Frederick Watt,


Esq'rs. 1


John Haydon, Isaac Wheeler, Henry Kammerer, John McLean, and Samuel Talman, witnesses adduced in support of the petition and complaint against the late election of Sheriffs in the city and county of Philadelphia, were severally sworn and examined touch- ing the irregularities complained of.


The Council met.


PHILADELPHIA, Monday, October 20th, 1788. PRESENT :.


The Honorable DAVID REDICK, Esquire, Vice President.


George Ross, John Baird,


James Read, Christopher Kucher,


Richard Willing, George Woods, Esquires.


Samuel Edie, John Smilie, and


Frederick Watts, Zebulon Potts,


Samuel Miles, Esquire, Councillor elect for the city of Phila- delphia, and Thomas Mifflin, Esquire, Councellor elect for the


t


570


MINUTES OF THE


county of Philadelphia, took their seats at this Board agreeably to the returns of the general election in the said city and county, made to Council on the seventeenth instant, they having previously taken the several oaths required by the Constitution.


Ephraim Steel, Esquire, was appointed and commissionated a Justice of the Peace and of the Court of Common Pleas in and for the county of Cumberland, upon a return made according to law for the district and borough of Carlisle, in said county


A return of the general election held in the county of Lancas- ter, was received and read, and James Ross, E-quire, thereupon ap- pointed Sheriff, and Michael App, Coroner of the said county.


James Clunie, Esquire, was also appointed and commissionated Sheriff, and Michael Rahm, Coroner of the county of Dauphine, Martin Withington, Sheriff, and Thomas Hamilton, Coroner of the county of Northumberland, and George Graff, Esquire, Sheriff, and George Schryver, Coroner of the county of Northampton, upon returns made according to law, of the general elections lately held in the several counties aforesaid.


The following named gentlemen were offered and accepted as se- curities for the Sheriffs, vizt : For James Ross, Esquire, Sheriff of Lancaster county, Robert Coleman, Joseph Work, and Frederick Kulm; for James Clunie, Esquire, Sheriff of Dauphine county, Robert Clark, and Valentine Hummel; for Martin Withington, Es- quire, Sheriff of the county of Northumberland, Henry Shoemaker, Ceorge Moy, and Andrew Stroup; and for George Graff, Esquire, Sheriff of the county of Northampton, Peter Kohler, and Jacob Newhard.


Upon application of Colonel William Will, a supona was issued under the less seal of the State, requiring the attendance of Aaron Cewlin, Henry Fetzen, Joseph Wooden, Jacob Wolff, John Hart, Jacob Sauder, (butcher,) Eli Chandler, Henry Branson, William Schneider, John Kelsy, and Richard Robinson, forthwith to give evidence concerning the disputed election of Sheriffs in the city and county of Philadelphia.


'The consideration of the petition and complaint against the late election of Sheriffs in the city and county of Philadelphia was re- sumed, and the Board proceeded to the further examination of wit- nesses in support of the said complaint, Philip Stricker and John Snyder, were severally sworn and examined.


571


SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, Tuesday, October 21st, 1788.


PRESENT :


The Honorable DAVID REDICK, Esquire, Vice President.


Samuel Miles, George Woods,


Thomas Mifflin,


John Baird,


George Ross, John Smilie,


Samuel Edie,


Zebulun Potts,


Esquires.


James Read, Christopher Kucher, and


Frederick Watt, Richard Willing,


Amos Gregg, Esquire, Councellor elect for the county of Bucks, took his seat at this Board, agreeably to the return of the general election in said county, which was made to Council on the seven- teenth instant, he having previously taken the affirmation required by the Constitution.


A letter was written to his Excellency Governor Clinton, of the State of New York, requesting that he will be pleased to order to be transmitted to Council the letters written by John Franklin to Doctor Hamilton, of that State, relative to their claims to lands within this State under grants from Connecticut, &ca., together with any other papers he may be possessed of, upon the same sub- ject, to be used upon the trial of John Franklin, before the Jus- tices of the Supreme Court in the county of Luzerne.


Upon application of Colonel William Will, a supcna was issued under the seal of the State requiring the attendance of William Zane, Tench Francis, Peter Ozeas, Alexander Boyd, William Car- penter, Robert Cole, Jobn Davis, John Harrison, Richard Stephens, Joseph Butler, James France, Benjamin Thaw, Nathan Jackson, John Newton, George Brand, and Parish, forthwith to give evidence concerning the disputed election of Sheriffs in the city and county of Philadelphia, when Peter Ozeas and William Zane, were sworn and affirmed and their evidence taken.


On motion,


Resolved, That during the investigation of the complaint afore- said, the doors of Council shall remain open for the admission of all persons who behave decently.


572


MINUTES OF THE


The Council met the same day at three o'clock, P. M.


PRESENT :


The Honorable DAVID REDICK, Esquire, Vice President.


Samuel Miles, George Woods,


Thomas Mifflin, John Smilie,


George Ross, John Baird,


James Read, Christopher Kucher,


Samuel Edie,


Zebulun Potts, and


Frederick Watts, Amos Gregg,


Esquires.


Agreeably to the reports of the Comptroller, the following orders were drawn upon the Treasurer, vizt :


In favor of George Graff, Esquire, Sheriff of the county of Northampton, for the sum of twelve pounds six sbillings and two pence, in full for his services and expences in bringing a certain George Sinclaire, from the said county of Northampton to the jail of the city and county of Philadelphia.


In favor of John White, for two pounds four shillings and one pence, in full for his services as an Express employed by Council to carry public dispatches to the county of Montgomery, on the fourteenth instant.


Council proceeded to a further hearing of witnesses in support of the complaint against the election of Sheriffs in the city and county of Philadelphia, and John Hunter, Robert McCall and John Davis, were sworn and examined.


Upon the examination of Robert McCall, the following question was put to him by Mr Rawle-" Who did you vote for ?" but some of the members objecting to the question, it was moved " that the sense of Council be taken" whether the witness shall be asked for whom he voted, and the question put was carried in the negative.


The Council met.


PHILADELPHIA, Wednesday, October 22nd, 1788.


PRESENT :


The Honorable DAVID REDICK, Esquire, Vice President.


Samuel Miles, Frederick Watt,


Thomas Mifflin, George Woods,


Amos Gregg, John Smilie,


George Ross,


John Baird,


Esquires.


James Read, Christopher Kucher,


Samuel Edie, Zebulun Potts,


Agreeably to the Comptroller General's report, the following orders were drawn upon the Treasurer, vizt :


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573


SUPREME EXECUTIVE COUNCIL.


In favor of Captain James McLean for thirty pounds five shil- lings and one penny, in full of his account for ten pair of blankets and seven watch coats, purchased for the use of the corps of Inva- lids under his command.


In favor of Timothy Pickering, Esquire, for twenty-two pounds ten shillings, being a ballance due upon his account for his attend- ance as a Commissioner of Claims, under the act of Assembly for confirming the lands of Connecticut claimants, & ca.


Upon consideration of a petition from Colonel William Will, praying to be permitted to have recourse to the list of taxables and poll lists taken at the late goneral election in the city and county of Philadelphia, an order to examine and compare the same, an order was taken that the prayer of the said petition be granted, provided that such lists be examined and compared in the presence of the Secretary of this Board, his Deputy or the Clerk.


The Council met.


The same day at 3 o'clock, P. M. PRESENT :


The Honorable DAVID REDICK, Esquire, Vice President.


Samuel Miles,


Frederick Watts,


Thomas Mifflin, John Baird, and


James Read, Samuel Edie,


Esquires.


Upon consideration of a petition from Colonel William Will, an order was taken that the farther hearing of witnesses be postponed until Tuesday the twenty-eighth instant, in order that the peti- tioner may in the mean time have an opportunity of examining and comparing the poll lists taken at the late general election in the city and county of Philadelphia, with the lists of taxables in said city and county.


-


The Council met.


PHILADELPHIA, Thursday, October 23d, 1788.


PRESENT :


The Honorable DAVID REDICK, Esquire, Vice President.


Samuel Miles, George Woods,


Thomas Mifflin, John Smilie,


James Read,


Christopher Kucher,


Frederick Watts, Zebulun Potts,


John Baird, George Ross, and


Esquires. Samuel Edie, Richard Willing,


The account of the Honorable Frederick Watts, Esquire, for storage of public arms and accoutrements from April, 1780, until


574


MINUTES OF THE


the end of the war, was, upon motion, reconsidered, and the order granted to him for the amount thereof on the militia fines of Cum- berland county, made payable out of any monies in the Treasury arising from militia fines


Agrecably to the reports of the Comptroller General, orders were drawn upon the Treasurer in favor of Charles Risk for forty- one pounds twelve shillings for signing bills of credit of the last emission, and in favor of Jacob Trecbery for ten shillings for work done for the Artillery Labaratory.


The Council met.


PHILADELPHIA, Friday, October 24th, 1788. PRESENT :


The Honorable DAVID REDICK, Esquire, Vice President.


Samuel Miles, John Smilie,


Richard Willing, John Baird,


James Read,


George Ross,


Esquires.


Samuel Edie, Zebulun Potts,


Frederick Watts, Christopher Kucher,


The Board took into consideration the act of General Assembly entituled "An Act for the payment of an additional sum of money to Gunning Bedford and others for their services in erecting a tri- umpbal arch in the city of Philadelphia," passed the third instant, and thereupon an order was drawn upon the Treasurer in favor of the said Gunuing Bedford and others for the sum of one hundred and eighty-five pounds, being the sum mentioned in the said act of Assembly, in full of the remaining ballance due upon their account for their services in erecting the said triumphal arch.


John Leacock was appointed and commissionated Coroner of the city and county of Philadelphia, agreeably to the return made to Council on the seventeenth instant.


575


SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, Saturday, October 25th, 1788.


PRESENT :


The Honorable DAVID REDICK, Esquire, Vice President.


Samuel Miles, John Smilie,


James Read,


Christopher Kucher,


Frederick Watts.


Zebulun Potts,


Esquires.


John Baird,


George Ross, and


Samuel Edie,


Richard Willing,


George Woods,


On motion of Mr. Woods, seconded by Mr. Ross, it was Resolved, That Colonel William Will be requested to attend Council forthwith.


A letter from His Excellency Samuel Huntington, Esquire, Governor of the State of Connecticut, dated the fourteenth instant, relative to the confinement of John Franklin, was received and read, and a letter written in answer thereto, signed by the Vice President, for which see the Letter book.


The Council met.


PHILADELPHIA, Monday; October 27th, 1788. PRESENT :


The Honorable DAVID REDICK, Esquire, Vice President.


Samuel Miles, John Baird,


Richard Willing,


Samuel Edie,


James Read,


George Woods,


Frederick Watt,


Zebulun Potts, and Esquires.


George Ross,


John Smilie,


Christopher Kucher,


The following orders were drawn upon the Treasurer, vizt :


In favor of Joseph Skerrett, for one pound three shillings and six pence, in full of his account for sitting up a stove, for the use of the Door-keeper of Council, according to the Comptroller Gene- ral's report.


In favor of his Excellency Benjamin Franklin, Esquire, for seven hundred and thirty seven pounds thirteen shillings, being the ballance due upon his account for his salary as President of the State, ending the fourteenth instant, according to the Comptroller General's report.


In favor of Colonel James O'Harra, for one thousand dollars being in part of seven thousand dollars, which, on the tenth day of


576


MINUTES OF THE


January last, Council agreed to pay to him, for the purpose of sup- pilyng the troops in the western country with provisions, he, the said O'Harra, to be accountable, this sum to be charged to the United States.


Colonel William Will attended, and gave Council some informa- tion touching his inquiries into the irregularities alledged to have been committed at the late General election of Sheriffs, of which he complains.


The Board resumed the consideration of the complaint and peti- tion against the late election of Sheriffs in the city and county of Philadelphia, and after some time spent therein, it was


Resolved, That the boxes, now in the possession of Council, containing the votes for the General Assembly, taken at the late general election in the said city and county of Philadelphia, be opened, in the presence of the Board; and that Mr. James Ash and Colonel William Will, be permitted to examine and compare the lists that may be found therin.


The Council met the same day, at 3 o'clock, P. M.


PRESENT :


The Honorable DAVID REDICK, Esquire, Vice President.


Samuel Miles, Samuel Edie,


James Read, George Woods,


George Ross, Zebulun Potts, and


Esquires.


Christopher Kucher, John Smilie,


John Baird, Richard Willing, 7


Agreeably to the minute of this morning, the boxes containing the votes for members of the General Assembly, taken at the late general election, were opened ; and upon motion, it was


Resolved, That Mr. Ross and Mr. Baird be a committee of this Board, to superintend the examination and comparing of the lists of taxables and poll lists by Messieurs Ash and Will, in the Com- mittee room.


Upon application of Colonel William Will, a subpæna, under the Seal of the State, was issued, requiring the attendance of Alex- ander Boyd, William Carpenter, Richard Stephenson, John Harri- sou, Joseph Butler, James France, Benjamin Thaw, Nathan Jack- son, George Brand, - - Parrish, Isaac Grant, John Allen, William Holmes, Simon Gore, John McGill, Barnet Shaffer, Robert Baine, Daniel Carson, Robert Lumsdale, - Brown, and Thomas Alexander, forthwith to give evidence concerning a contested election of Sheriff in the city and county of Philadelphia.


577


SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, Tuesday, October 28th, 1788. PRESENT :


The Honorable DAVID REDICK, Esquire, Vice President.


Samuel Miles,


· John Baird,


Richard Willing, Zebulun Potts,


T'homas Mifflin,


Amos Gregg,


Esquires.


James Read,


George Woods,


George Ross,


John Smilie, and


Christopher Kucher, Samuel Edie,


John Ludwig, Esquire, who has been elected to a seat in the General Assembly, now presented to Council his resignation of the offices of Justice of the Peace and of the Court of Common Pleas of the county of Berks, which resignation was read and accepted ..


The following orders were drawn upon the Treasurer, vizt :


In favor of Edward Burd, Esquire, for seven pounds, being the amount of the expences of the Honorable William Augustus Atlee, Esquire, in coming to, attending, and returning from a Supreme Court, held at Philadelphia, in September term last.


In favor of the Honorable William Irvine, Esquire, for sixty-nine pounds twelve shillings, being the ballance of his accounts for his attendance as a member of Congress for this State. from the fifth day of July until the twenty-seventh day of October, 1788, and one mileage, according to the Comptroller General's report.


Returns of the general elections held in the counties of Luzerne and Huntingdon, were received and read, and Lord Butler, Esquire, thereupon appointed Sheriff, and Nathan Cary, Coroner, of the county of Luzerne, and John Patton, Esquire, Sheriff, and Lod- wick Sell, Coroner, of the county of Huntingdon.


Lord Butler, Esquire, offered Colonel Zebulun Butler and Abel Pierce, of Luzerne county, as his securities, and they were accepted by Council.


Henry Neff and John Williams were also offered and accepted as securities for John Patton, Esquire, Sheriff of the county of Hunt- ingdon.


The return of the general election in the county of Cumberland, was received and read, by which it appears that Charles Leeper and James Wallace have been duly elected Sheriffs, and John Walker and John Ray, Coroner, of the said county.


Council proceeded to the further examination of witnesses in support of the complaint against the late election of Sheriffs in the city and county of Philadelphia, when Thomas Carpenter, Benja- min Thaw, Isaac Grant, Robert Bane, John Allen, Simon Gore, were sworn and affirmed and their evidence taken.


578


MINUTES OF THE


The Council met the same day at half-past three o'clock, P. M.


PRESENT :


The Honorable DAVID REDICK, Esquire, Vice President.


Samuel Miles,


John Baird,


Richard Willing,


Zebulun Potts,


Thomas Mifflin,


Ámos Gregg,


Esquires.


James Read,


George Woods,


George Ross,


John Smilie, and


Christopher Kucher, Samuel Edie, 7


The Committee appointed to superintend the examination of the boxes containing the votes and other papers, taken at the late general election in the city and county of Philadelphia, reported that they had finished that business.


The Council met.


PHILADELPHIA, Wednesday, October 29th, 1788.


PRESENT :


The Honorable DAVID REDICK, Esquire, Vice President.


Samuel Miles, Samuel Edie, ·


Thomas Mifflin,


John Baird,


James Read,


George Woods,


George Ross, John Smilie,


Esquires.


Richard Willing,


Christopher Kucher, and


Amos Gregg, Frederick Watts, On motion,


Zebulun Potts,


Ordered, That Charles Leeper be appointed and commissionated Sheriff and John Walker, Coroner, of the county of Cumberland.


The letters of John Franklin and Doctor Hamilton, were receiv- ed from the Governor of New York and were immediately trans- mitted to the Attorney General, by the Sheriff of Luzerne county.


Joseph Wooden and John Alexander, witnesses adduced in sup- port of the complaint against the late election of Sheriffs, in the city and county of Philadelphia, were sworn and examined.


579


SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, Thursday, October 30th, 1783.


PRESENT :


The Honorable DAVID REDICK, Esquire, Vice President.


Samuel Miles, Samuel Edie,


Thomas Mifflin, John Baird, 1


Richard Willing,


George Woods,


George Ross,


John Smilie,


Esquires.


James Read,


Christopher Kucher,


Amos Gregg,


Zebulun Potts,


Frederick Watts,


A return of the general election held in the county of York, was received and read, and John Edie, Esquire, thereupon appointed and commissionated Sheriff, and Andrew Johnston, Coroner, of the said county : the Honorable Samuel Edie, Esquire, and David M'Conaughey, Esquire, were offered and accepted as secureties for the said Sheriff


. William Craig, Esquire, was appointed and commissionated a Justice of the Peace, in and for the county of Northampton, upon a return made according to law, for the district of the town of Eas- ton in the said county.


On motion,


Resolved, That Mr. Mifflin, Mr. Read and Mr. Ross, be a com- mittee to prepare and report to Council a draft of a message to the General Assembly.


The Board proceeded to hear the arguments of the gentlemen who were Counsel for the candidates for the office of Sheriff, in the city and county of Philadelphia, and the same being finished, the parties withdrew ; it was then upon motion,


Resolved, That James Ash, Esquire, be appointed and commis- sionated Sheriff of the city and county of Philadelphia.


Bryan Wilkinson, Joseph Coperthwate and James Craig, Junior, of the city and county of Philadelphia, were offered and accepted as secureties for the said Sheriffs faithful performance of the duties of his office, according to law.


A


580


MINUTES OF THE


The Council met.


PHILADELPHIA, Friday, October 31st, 1788. PRESENT :


The Honorable DAVID REDICK, Esquire, Vice President.


Samuel Miles, Frederick Watt,


Thomas Mifflin, Samuel Edie,


George Ross, John Baird,


James Read,


George Woods,


Esquires.


Christopher Kucher,


John Smilie, and


Richard Willing,


Zebulun Potts,


Amos Gregg,


A return of the general election of the county of Westmoreland, was received and read, and William Perry, Esquire, appointed Sheriff, and Robert Dickey, Coroner, of the said county, commis- sions were issued accordingly.


Upon consideration of a petition from divers inhabitants of Cum- berland county, in favor of John Marshall,


Ordered, That the fine due to the State, imposed upon him in the year 1779, for not performing a tour of militia duty, be remitted.


WHEREAS, It hath been represented to Council by a considera- ble number of the freemen of the city and county of Philadelphia, that great abuses have taken place, and many frauds have been committed at the late general election for the said city and county.


Resolved, That General Watts, Mr. Ross and Mr. Smilie, be a committee to enquire into the truth of the said representation, and to report to Council the names of all such public officers, who shall appear to the said committee to have acted at the said election, in violation of the constitution and laws of this State.


On motion,


Resolved, That Mr. Mifflin, Mr. Miles and Mr Read, be a com- mittee to examine the roof and other parts of the State house, and report to Council an estimate of such repairs as are necessary.


Council took into consideration the act of the General Assembly passed the thirteenth of September last, entituled " An Act for al- lowing a further time to distribute the donation lands, promised to the troops of this Commonwealth; and thereupon,,


Ordered, That the drawing of the lottery for, and patenting of the said lands pursuant to the said act, shall commence on the third day of November next, to be continued for one year from the thirteenth day of September last.


On motion,


Resolved, That Mr Read and Mr. Potts, be appointed a com- mittee to superintend the drawing of the said lottery, and that James Trimble be appointed Clerk to make out the patents, and make the necessary entries of such drawing.


S


0


SUPREME EXECUTIVE COUNCIL. 581


John Miller and William Moore were offered and accepted as securities for Charles Lieper's faithful performance of the duties of his office of Sheriff of Cumberland county, according to law.


The Council met.


PHILADELPHIA, Saturday, November 1st, 1788. PRESENT :


The Honorable DAVID REDICK, Esquire, Vice President.


Samuel Miles, Frederick Watts,


Thomas Mifflin,


Samuel Edie,


George Ross,


John Baird,


James Read,


George Woods,


Esquires.


Christopher Kucher,


John Smilie,


Richard Willing,


Zebulun Potts, and


Amos Gregg,


Abraham Smith,


An order was drawn upon the Treasurer in favor of the Hon- orable Christopher Kucher, Esquire, for fifty-three pounds thirteen shillings, in full of his account for his attendance in Council from the twenty-ninth day of August untill the second day of November, 1788, inclusively, and his mileage.


A letter from James Pettigrew, Esquire, dated the twenty fifth of October, praying Council to accept the resignation of his office of Collector of Excise in the county of Northampton, was received ; and upon consideration, it was


Resolved, To accept the said resignation.


Upon the petition of Frederick Shaffer, a prisioner in the jail of Montgomery county, and a recommendation from two of the Jus- tices of said county in his favor, it was


Resolved, That the fine of ten pounds payable to the use of the Commonwealth which was imposed upon the petitioner by the Court of Quarter Sessions of the Peace of Montgomery county, upon his being convicted of fornication and bastardy, be remitted.


Upon application of several officers of the militia regiment of Artillery in this city,


Ordered, That Colonel William Henry, Lieutenant of the city and liberties of Philadelphia, be instructed to furnish them with fifty weight of gunpowder and ten yards of flannel, to be made up into catridges, and used upon the proclamation of the President and Vice President.


VOL. XV .- 38.


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582


MINUTES OF THE


The Council met.


PHILADELPHIA, Monday, November 3rd, 1788.


PRESENT :


The Honorable DAVID REDICK, Esquire, Vice President.


Samuel Miles, John Baird,


George Ross, George Woods,


James Read, John Smilie,


Richard Willing,


Zebulun Potts,


Esquires.


Amos Gregg,


Nathan Dennison, and


Frederick Watts,


Abraham Smith,


Samuel Edie,


Mr. McDowell, Mr. Hoge, and Nevell, a committee from the General Assembly, attending, were introduced, and they informed Council that the House of Assembly was now met, and were ready to receive any business Council might have to lay before them.




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