USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XV > Part 46
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The Committee were informed that a message was preparing, and should be transmitted to the House this day, accompanied by sev- eral papers.
The following draft of a message to the General Assembly was read and approved, vizt :
A Message from the Vice President and the Supreme Executive Council to the General Assembly.
GENTLEMEN :- We have appointed Richard Butler and Jobn Gibson, Esquires, to carry into effect, as far as circumstances will permit, the resolution of the General Assembly of the thirteenth of September last, which authorizes Council to purchase the tract of country lying between the northern boundary of this State and Lake Erie.
Such parts of the surplus donation lands as have not been sur- veyed should, in the opinion of Council, be freed from the appro- priation We learn that some settlements are already forming, and others are in contemplation, ou those lands, which make it neces- sary some steps should be taken to prevent future embarrasments to Government.
The boundary lines of the State being compleated, it will be ne- cessary to confirm them by a law.
We transmit herewith a letter from the Board of Treasury of the United States, of the nineteenth of September last, respecting pensioners, a copy of instructions given by Council to the Commis- sioners appointed to treat with Indians, and a letter from Captain Heart, which merits the attention of the Legislature.
DAVID REDICK, V. P. Council Chamber, Philadelphia, November 3rd, 1778.
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SUPREME EXECUTIVE COUNCIL.
Council proceeded to the appointment of a Collector of Excise in the county of Northampton, in the room of James Pettigrew, Esquire, resigned ; and the ballots being taken for the several can- didates, it appeared that Jobn Craig, Esquire, was duly elected to that office.
Mr. Craig offered Doctor Andrew Ledlie, Hugh Wilson, and his brother, William Craig, all of Northampton county, as securities for his faithful performance of the duties of the said office, and they were accepted by Council.
The Council met.
PHILADELPHIA, Tuesday, November 4th, 1788.
PRESENT :
The Honorable DAVID REDICK, Esquire, Vice President.
Samuel Miles, Samuel Edie, ?
Thomas Mifflin,
John Baird,
George Ross,
George Woods,
James Read,
Zebulun Potts,
Esquires.
Richard William,
Nathan Dennison, and
Amos Gregg,
Abraham Smith,
Frederick Watts,
Mr. Clymer, Mr. McPherson, Mr. Lollar, Mr. Moore and Mr. Tyson, attending were introduced, and informed Council that they were a Committee from the General Assembly, appointed to confer with Council respecting the election of a President and Vice Presi- dent of the Supreme Executive Council A Conference was accord- ingly held upon the time when the said election should take place, and the manner in which it should be conducted.
Whereupon, it was
Ordered, That to-morrow shall be the day, and that the usual mode of procession be adopted upon this occasion.
Upon the petition of Joseph Reid, a prisoner in the Jail of Car- lisle, and a recommendation in his favor,
Ordered, That the fine payable to the use of the State, and the punishment at hard labour to which he was sentenced by the Court of General Quarter Sessions of Cumberland county, upon being convicted of larceny, be remitted.
A return of an election of Justices of the Peace for Belfast dis- trict, in the county of Bedford, was received and read, but not be- ing accompanied by the list of voters names, it was
Ordered, That the said return be sent back to the Clerk of the peace of said county, in order that the said list may be annexed thereto, and the same returned to Council as soon as may be.
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A return of Justices of the Peace for Hopewell district in said county, was also received and read, and
Ordered, To be sent back to the Clerk of the Peace, as being in- formal and the list of voters wanting.
The Council met.
PHILADELPHIA, Wednesday, November 5th, 1788.
PRESENT :
The Honorable DAVID REDICK, Esquire, Vice President.
Samuel Miles, Frederick Watts,
Thomas Mifflin, George Woods,
Richard Willing,
John Baird,
Amos Gregg,
John Smilie,
Esquires.
George Ross,
Zebulun Potts,
James Read, Abraham Smith, and
Samuel Edie, Nathan Dennison,
A return of the General Election held in the county of Fayette, was received and read, and Joseph Terrance, thereupon appointed and commissionated Sheriff, and Henry Beeson, Coroner of the said county.
Ephraim Douglass, Esquire, and James Paul, of the said county, were offered and accepted as securities for the said Sheriff's faithfull performance of the duties of his office according to law.
Mr. Broadhead and Mr. McLene, a Committee from the General Assembly, attended and informed Council that the House was now ready to receive Council agreeably to the order of yesterday, and to proceed with them to the intended election.
Council and Assembly having met in the Assembly room, and their votes collectively being taken, it appeared that his Excellency Thomas Mifflin, Esquire, was duly elected President, and the Hon- orable George Ross, Esquire, Vice President of the Supreme Ex- ecutive Council, after which Council proceeded with the Assembly to the Court House steps, where proclamation of the said elections was duly made, and the following order of procession observed :
Constables with their Staves.
Sub-Sheriffs with their Wands.
High Sheriff and Coroner with their Wands.
Judges of the Supreme Court and Judges of the High Court of Errors and Appeals.
Attorney General and Prothonotary of the Supreme Court,
Marshall of the Admiralty.
Judge and Register of the Admiralty.
Wardens of the Port of Philadelphia.
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SUPREME EXECUTIVE COUNCIL.
Naval Officer, Collector of the Customs and Tonnage Officer.
Treasurer and Comptroller General.
Secretary of the Land Office.
Receiver General and Surveyor General.
Justices of the Peace.
Prothonotary of the Court of Common Pleas and Clerk of the Court of Quarter Sessions.
Clerk of the City Court.
Master of the Rolls and Register of Wills.
Register of German Passengers and Collector of Excise in the city and county.
Assistant Secretary of the Council.
Secretary of the Council.
His Excellency the President, and Honorable the Vice President. Members of the Council, two and two.
Door-keeper of the Council.
Sergeant-at-Arms with the Mace.
Clerks of the General Assembly.
Honorable the Speaker of the General Assembly.
Members of the General Assembly, two and two.
Door-keeper of the General Assembly.
Provost and Faculty of the University.
Officers of the Militia.
Citizens.
Council returned to their Chamber, and His Excellency the Pre- sident and The Honorable the Vice President took the oaths re- quired by the Constitution, as a qualification for the exercise of their respective offices.
An order was drawn upon the Treasurer in favor of Samuel Ed- miston, for seventy-five pounds six shillings and six pence, amount of his account for the surveyiug fees of the ten thousand acres of land for the Episcopal Academy of the city of Philadelphia, agree- ably to the Comptroller General's report, and an Act of Assembly, dated the twenty-ninth day of March, 1787.
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MINUTES OF THE
The Council met.
PHILADELPHIA, Thursday, November 6th, 1788. PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, John Baird,
Richard Willing, David Redick,
Amos Gregg, John Smilie,
James Read, Abraham Smith,
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Esquires.
Samuel Edie, Nathan Dennison, &
Frederick Watts,
Zebulun Potts,
George Woods,
An order was drawn upon the Treasurer, in favor of the Honora- ble John Smilie, Esquires, for fifty-seven pounds, amount of his account for his attendance in Council until this day inclusively, and his mileage.
The rules and regulations entered upon the minutes of Council of the thirtieth day of November, 1787, were now read and upon motion was
Resolved, That Mr. Miles and Mr. Smith be a committee to ex- amine the said rules and regulations and report to Council whether any alteration of the same or addition thereto is necessary.
Upon consideration of the petition and recommendation in favor of Oliver Paul of the county of Franklin,
Ordered, That the fine of ten pounds, payable to the use of the Commonwealth, which was imposed upon him by the Court of Gene- ral Quarter Sessions of the Peace and Jail Delivery of the said coun- ty, upon his being convicted of fornication and bastardy, be remitted.
On motion,
Resolved, That Mr. Redick, Mr. Woods and Mr. Willing be a committee to prepare and report to Council a draft of a Message to the General Assembly, containing such further business as is neces- sary to lay before the House at the present session.
The petition of Rachel Gibbs of Franklin county, praying Coun- cil to remit her husbands forfeited 'recognizance of one hundred pounds, entered into by him for the appearance of Hugh Furfey, who was charged with perjury and absconded, was read and the further consideration thereof postponed.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Friday, November 7th, 1788.
PIPESENT :
His Excellency THOMAS MIFFLIN, Esquire, President
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, George Woods, r
Richard Willing, John Baird,
Amos Gregg,
David Redick,
James Read, John Smilie,
Esquires.
Samuel Kdie,
Abraham Smith,
Zebulon Potts,
Nathan Dennison,
Frederick, Watts,
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable George Ross, Esquire, for fourteen pounds five shillings, being the amount of his account for attend- ance in Council from the seventeenth of October until the fourth instant, inclusively.
In favor of Frederick Sneider, for fifteen pounds ten shillings, being in full for his wages as Doorkeeper to Council for the mouth of October, 1788.
Two certificates of the division of Bethlehem and Amwell town- ships, in Washington county, by the Court of General Quarter Ses- sions of the said county, for the more convenient election's of Jus- of the Peace, agreeably to act of Assembly passed the thirty-first of March, 1784, were received and read.
Returns of elections of Justices of the Peace lately held in the several districts of Nottingham, Hopewell and Finley, together with a petition against the latter, were also received and read.
Upon consideration of the petition of Amos Walton, and a re- commendation from a considerable number of the inhabitants of Bucks county, it was
Ordered, That the fine of five pounds adjudged to be paid to the use of the Commonwealth, and the imprisonment to which he was sentenced by the last Court of Oyer and Terminer held in Bucks county, upon being convicted of perjury, be remitted.
On motion,
Resolved, That Mr. Read, Mr. Woods and Mr. Gregg, be a com- mittee to consider of the most proper measures for giving effect to the act of Assembly passed the twenty-fifth of September, 1786, intituled . An Act for the prevention of vice and immorality and of unlawful gaming, and to restrain disorderly sport and dissipation," so far as the same law prohibits the erecting theatres and exhib. iting of plays.
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MINUTES OF THE
Joseph Hubley and Alexander Graydon, Esquires, appointed by Council to investigate the Complaint against Lazarus Brown Mc- Lene, Esquire, Prothonotary of Huntingdon county, for misconduct in his office, now , made report of the testimony taken by them, which was read.
The Council met.
PHILADELPHIA, Saturday, November 8th, 1788. PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, John Baird,
Richard Willing, David Redick,
Amos Gregg, John Smilie,
James Read, Abraham Smith, and
Esquires.
Samuel Edie,
Nathan Dennison,
Zebulun Potts,
Council being informed that the streets of the city of Philadel- phia and the roads in the vicinity thereof, have been and are still infested with disorderly and wicked persons, who commit robberies and other outrages on the persons and property of the inhabitants ; and a number of well disposed citizens, part of the militia in and near the city, having voluntarily offered to form themselves into patroles for the purpose of apprehending and bringing before a magistrate or magistrates all suspicious persons who are found lurking in secret or suspected places in the said city, or the coun- try adjacent thereto, or in or near the said roads or streets, at im- proper seasons, or upon unlawful occasions, and all offenders who have fled from justice or are in the commission of robberies or other violent and disorderly breaches of the peace.
Resolved, That Council highly approve the virtuous and spirited intention of the said worthy and well disposed citizens, manifested in such their association to assist in preserving the peace and good . order of the said city and its vicinity, and will support the said citizens in all legal measures relating to the premises.
Resolved, That the President be and he is hereby authorized and requested to make such arrangements for carrying into effect the laudable intentions of the said citizens, as are necessary to facilitate the accomplishment of their views and consistent with the laws of the State.
A return of the general election of Sheriffs and Coroners held in the county of Franklin, was received and read, and John Johns- ton thereupon appointed and commissionated Sheriff, and George Clark Coroner of the said county.
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SUPREME EXECUTIVE COUNCIL.
The return of an election of Justices of the Peace for the district of Finley township, in Washington county, which was read yester- day, was read the second time, together with a petition from several freeholders, resident in said district, complaining of illegal pro- ceedings at said election ; whereupon it was
Ordered, That John Hoge, Thomas Scott and William McFar- len, Esquires, Justices of the Peace in and for the county of Wash- ington, living near the said district, be authorized and directed to investigate the facts stated in the said petition, upon the oaths of such witnesses as may be adduced, and make report thereof to this Board in manner and form prescribed in and by an act of Assembly intituled " An Act to remedy the defects of the several acts of Assembly heretofore made for regulating the elections of Justices of the Peace throughout this State," &ca., passed the thirty-first day of March, 1784.
John Reed and Hugh Scott, Esquires, were appointed and com- missionated Justices of the Peace and of the Court of Common Pleas in and for the county of Washington ; the former for the district of the township of Cecil, and the latter for the district of the township of Nottingham, upon returns made according to law from the said several districts.
Ludwig Stehler, Esquire, was also appointed and commissionated a Justice of the Peace and of the Court of Common Pleas in and for the county of Northampton, upon a return made according to law, from the district of the township of Upper Milford.
The committee appointed to consider of the most proper measures for giving effect to the act of Assembly of the twenty fifth of Sep- tember, 1786, for the prevention of vice and immorality and of unlawful gaming and to restrain disorderly sports and dissipation, so far as respects theatrical exhibitions, now made report, which was read and ordered to lie on the table.
The Council met.
PHILADELPHIA, Monday, November 10th, 1788. PRESENT : His Excellency THOMAS. MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, John Baird,
Richard Willing, David Redick,
Samuel Edie,
. Frederick Watt,
John Smilie, Esquires. James Read,
Zebulun Potts,
An order was drawn upon the Treasurer in favor of the Hon- orable Frederick Watt, Esquire, for sixty-nine pounds one shilling,
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in full for his attendance in Council until this day, inclusively, and his mileage.
William Smiley, Esquire, was appointed and commissionated a Justice of the Peace and of the Court of Common Pleas in and for the county of Washington, upon a return made according to law for the district of the township of Hopewell.
Upon the second reading of the report of the committee respect- ing the measures proper to be taken for effectually preventing the- atrical exhibitions, it was
Ordered, That the said report be recommitted, and that Colonel Miles and Mr. Smilie, be added to the committee upon this busi- ness.
The committee appointed on the sixth instant to consider what further business is necessary to lay before the House of Assembly, reported a draft of a message, which was read, and some general propositions being agreed to, the further consideration thereof was postponed.
On motion.
Resolved, That Colonel Woods, Colonel Smith and Mr. Smilie, be a committee to consider how far the several militia laws provide for the payment of pensions to the widows and children of deceased militia men.
The committee to whom were referred the rules and regulations of this Board, entered upon the minutes of Council of the thirtieth of November, 1787, now reported a sett of rules and regulations, which were read, and
Ordered, To lie on the table.
The Council met.
PHILADELPHIA, Tuesday, November 11th, 1788. PRESENT : His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, John Smilie,
Samuel Edie, Zebulun Potts,
Frederick Watts,
George Woods,
James Read, Nathan Dencisen, and Esquires. John Baird, Abraham Smith, David Redick,
An order was drawn upon the Treasurer in favor of the Honora- ble John Baird, Esquire, for the sum of thirty-seven pounds ten shillings, in full for his attendance until this day.
The report of the Committee upon the rules and regulations ne- cessary for conducting the business of the Board, was read the se- cond time and adoptel as follows, vizt :
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SUPREME EXECUTIVE COUNCIL.
The committee appointed to report a sett of rules and regulations for the government of the Board, offer the following :
Ist. When the President or Vice President assumes the chair the Members shall take their seats.
2nd. The minutes of the preceding day shall be read by the Sec- retary or the Assistant Secretary, before the Council proceed to any other business ; errors and inaccuracies may be corrected, but no debate shall be admitted or question taken respecting the deter- mination of the former day.
3rd. The Members shall forbear talking to each other when a question is before the Board, and shall keep silence except when they have occasion to speak in order.
4th. On all questions a majority of votes shall decide, and when the votes of the Members are equal in number, the President or Vice President who fills the chair at the time, shall have the casting voice, except when the votes are taken by ballot.
5th. Any member presenting a petition, memmorial, or other paper, shall first mention the general import of the same.
6th. Every motion made and seconded shall be reduced to writ- ing, if requested by the President or Vice President in the Chair, or by any two Members.
7th. All petitions, memorials, or other papers, shall be subject to no other question on the first reading save that of their lying on table, but may be taken up by special orders in cases of emergency.
8th. Any member presenting any paper or offering any motion, to have the liberty of withdrawing the same at pleasure.
9th. If business of different kinds shall be called for by differ- ent Members at the same time, the President or Vice President who fills the Chair shall judge and give preference accordingly, but an appeal may be made to the Board, in which case their decision shall be had without debate.
10th. In all debates the Members shall address the Chair and conduct themselves with decency; and no Member shall be inter- rupted while speaking, nor shall he speak more than twice to the same subject until every Member who wishes to deliver his senti- ments has had an opportunity of so doing.
11th. No Member shall absent himself from the Board after his name has been taken down by the Secretary, without leave.
12th. On a motion made and seconded to adjourn, the question shall be taken without debate, but previous to putting the question the President or Vice President who may be in the Chair, may call for such patents, orders, or other papers, which are of course to be signed.
The President or Vice President who shall fill the Chair for the time being, shall be judge of all questions of order, and may call the transgressing Members to order as often as they infringe the aforesaid rules, but any Member may be allowed to explan himself, and on being seconded shall be entitled to the decision of Council.
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James Johnston, Thomas Campbell, and John Boggs, Esquires, of Franklin county, were now offered and accepted by Council as securities for the Sheriff of that county.
The committee appointed to consider of the measures proper to be taken for effectually preventing theatrical exhibitions, made e second report, which was read the first time, and upon second reading, by special order, the further consideration thereof post- poned.
Upon the second reading of a memorial from Christian Febriger, relative to Footman and Chaloner's vendue, in Passyunk township,
Ordered, That the same be transmitted to the General As- sembly.
The Council met.
PHILADELPHIA, Wednesday, November 12th, 1788.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, John Smilie,
Samuel Edie, David Redick,
James Read, Zebulun Potts,
Frederick Watt, Nathan Dennison, and
Esquires.
Abraham Smith, George Woods,
John Baird,
Agreably to the minute of this Board of the fourteenth of No- vember, 1787, which declares that the Secretary of Council shall be appointed annually on the eighth day after the election of President and Vice President, the Board proceeded to the election of that officer; and upon motion, Charles Biddle, Esquire, was unanimously re-appointed.
Council then unaaimously recommended it to the Secretary to employ James Trimble as Assistant Secretary. .
A draft of a message being prepared, was presented to Council, and read as follows, vizt :
A Message from the President and Supreme Executive Council to the Gen ral Assembly :
GENTLEMEN :- We are happy in the belief that the affairs of the State and the prospects of the Union, affords just foundation to address the Legislature in terms of congratulation. The principal difficulties which obstructed the adoption of the Federal Constitu- tion, have been happily overcome-the prejudice and suspicion that are awakened by the appearance of that system, have been
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SUPREME EXECUTIVE COUNCIL.
gradually lulled, and we can no longer doubt that all those States which have been successfully allied to obtain the independance of America, will again be united in that best means of giving strength, dignity, and stability to the national character.
Nor can it be deemed visionary or unreasonable to ascribe to the influence of the new government the liberal attention and encour- agement which of late have been bestowed upon domestic arts and manufactures, the spirit of industry and economy that has spread itself through every order of society, and the perfect amity which subsists at this period amongst the inhabitants of the several States.
From the same source that has thus revived the hope of internal order and happiness, we cannot fail to derive the respect and confi- dence of foreign nations. For in the great intercourse of indepen- dant countries, the proper title to reciprocal advantage, is the power each enjoys of protecting its own commerce, and the dispo- sition which each evinces to maintain its own credit. Experience has demonstrated the inconveniences of a government in which that power does not reside, and has taught us to believe that a more happy effect will naturally flow from a government differently con- stituted, and while the sovereignties of Europe are suffering all the calamities of an extensive war, it must yield a laudable satisfaction to every patriotic mind that we enjoy the profitable opportunity of improving the great advantages that lie before us.
Impressed with these sentimnts, we are ready to declare that in every act that can promote the welfare of the Union, or the in- terests of this State, we shall, in the manner most beneficial to the public, most cheerfully exercise that jurisdiction which the Consti- tution has confided to us, and as we shall be solicitous on every oc- casion to concur in the designs, and to advance the intentions of the Legislature. We trust that the harmony of our proceedings will produce an additional confidence in our constituents, and a proper energy to the administration of the public affairs.
Gentlemen :- It may be necessary to make provision by law for the appointment of persons to discharge the duties of Sheriff, in cases of contested elections, in which it may not be expedient for the Executive immediately to decide, and in which the former Sheriff, who have been in office three years, cannot constitutionally act.
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