USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XV > Part 47
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The tax laws should, in our opinion, be revised. The assess- ments of the public taxes are in many instances unequal, and their collection generallly expensive, uncertain, and dilatory.
The following reservations should, in the opinion of Council, be made for the Commonwealth, vizt :
First. Presque Isle, formed by Lake Erie. Second. Le Beuf, at the head of the navigation of French creek; and Third. The lands adjacent to the mouth of Conewango, in the county of Alle- gany.
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The Commissioners appointed by virtue of the act intituled "An Act to appropriate the sum of two thousand pounds of the public monies to the laying out and making of an highway from the western parts of Cumberland county to the town of Pittsburgh, and to authorize the President in Council to appoint Commissioners to lay out of the same, have laid out the said road, which road we have confirmed as far as the town of Bedford. We think a review. of that part which lies westward of the town of Bedford absolutely necessary, but as the money appropriated for the laying out and compleating the said road is nearly expended, we cannot proceed in the review without further directions and aid of the Legislature.
We suggest to the Legislature the propriety of directing engrav- ings of the boundary lines of the State, and the publication of the reports of the several Commissioners who compleated those lines.
We have not observed in the printed Journals of the late House that any order hath been taken on the recommendation of Congress with respect to convicts imported into the States from British do- minions, which recommendation was laid before that House by Council.
We transmit herewith two letters from the Secretary of Con- gress, of the twenty-eighth of July, 1785, and twenty-second of October, 1788, in which Council are requested to supply him with. thirteen copies of the laws of the Commonwealth. This cannot be done, unless a number are printed for the purpose. We also trans- mit a letter from the same, dated the seventh of November, 1788, inclosing Journals of Congress from the twentieth of August to the end of the Federal year. A letter from the Delegates of this State in the Congress of the United States, on the subject of a resolution of the fourth of October last, also accompanies this message.
Colonel Febiger's representation on some attempts to avoid pay- ments of duties on merchandize sold by auction, is submitted to the General Assembly.
THOMAS MIFFLIN, President. Council Chamber, Philadelphia, November 12th, 1788.
And on question to agree to the same, Council were divided upon the introductory part, and the yeas and nays being required, were as follows, vizt :
YEAS :
YEAS : NAYS :
The President,
Mr. Miles,
Mr. Smilie,
The Vice President,
Mr. Woods, Mr. Smith,
Mr. Potts,
Mr. Edie,
Mr. Baird.
Mr. Dennison,
Mr. Watts,
Mr. Redick.
So it was passed in the affirmative, and the message was adopted. On motion,
Resolved, That the sixteenth section of the act of General As- sembly, intituled "An Act for the prevention of vice and immo-
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rality, and of unlawful gaming, and to restrain disorderly sports and dissipation," which section prohibits the acting, shewing, or ex- hibiting any play, or any part of a play, or the selling any ticket or tickets for that purpose, be forthwith published in the several newspapers of the city.
Resolved, That the Judges, Justices, and other civil officers, whose duty it is to inforce obedience to the laws, be and they are hereby strictly enjoined and required to exert themselves in giving full force and effect to the above recited law.
The Council met.
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PHILADELPHIA, Thursday, November 13th, 1788. PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, John Baird,
James Read,
John Smilie,
George Woods, Frederick Watt,
David Redick,
Zebulun Potts, and
Amos Gregg, Samuel Edie,
Nathan Dennison.
A letter from Jonathan Bayard Smith, Esquire, containing his resignation of the offices of Prothonotary of the county of Phila- delphia, was read, and on consideration, it was resolved to accept the said resignation.
Whereupon, the Board proceeded to fill up the vacancy occa- sioned by the said resignation, and the ballots being taken for several gentlemen named as candidates, it appeared that James Biddle, Esquire, had a majority of votes, and was duly elected Prothonotary of the county of Philadelphia. He was commissioned accordingly.
Council r sumed the consideration of the accounts of Stephen Balliet, Esq'r, and Major William Armstrong, for their services and expences as Commissioners at Wioming, under resolution of As- sembly of the twenty-fourth of March last; and thereupon,
Ordered, That the same be referred to the Comptroller General to report to Council specially thereon.
On motion,
Resolved, That Mr. Miles, Doctor Gregg, Mr. Smith, Mr. Redick, and Mr. Potts, be a committee to make the inquiries re- quired by the resolution of this Board of the fourteenth of Novem- ber, 1787, and to report to Council.
Resolved, That this resolution be published, together with that part of the resolution of the fourteenth of November, 1787, herein referred to.
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It was moved by Mr. Redick, seconded by Mr. Watt, to recon- sider that part of the introduction to the message of yesterday which contains this sentence, " The prejudice and suspicion that were awakened by the appearance of that system, have been gradu- ally lulled." And on the question to agree to reconsider the said sentence, the yeas and nays were required, and were as follows, vizt :
YEAS : NAYS :
NAYS :
Mr. Smilie, The President,
Mr. Potts,
Mr. Redick,
The Vice President, Mr. Woods,
Mr. Watts,
Mr. Read,
Mr. Gregg, and
Mr. Smith,
Mr. Miles,
Mr. Edie.
Mr. Dennison.
So it was determined in the negative, and the sentence was not reconsidered. .
.
The Council met.
PHILADELPHIA, Friday, November 14th, 1788.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, John Baird,
James Read, John Smilie,
George Woods, David Redick,
Frederick Watts, Zebulun Potts,
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Esquires.
Amos Gregg, · Abraham Smith, and
Samuel Edie, Nathan Dennison,
The following orders were drawn upon the Treasurer, vizt :
In favor of his Excellency Thomas Mifflin, Esquire, for three hundred and seventy five pounds, being one quarter's salary as President of the State, for which sums he is to account.
In favor of the Honorable John Smilie, Esquire, for six pounds, in full for his attendance in Council from the seventh until the fourteenth of November, 1788, inclusive.
Charles Biddle, Esquire, and Doctor James Hutchinson, were offered and accepted as securities for James Biddle's Esquire's faithful discharge of the duties of his office of Prothonotary of the county of Philadelphia, according to law.
Upon consideration of the resolution of the General Assembly dated yesterday, relative to returns from the Lieutenants of the several counties, of persons subject of militia duty, and of those who actually attended muster in the years 1785, 1786, and 1787,
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Resolved, That Mr. Miles, Mr. Smith, and Mr. Woods, be a committee to confer with a committee of the General Assembly, upon the subject of the said resolution.
A letter from Sharp Delany, Esquire, inclosing an account against the State for the rent of an office for the Collector of Ton- nage and Wardens of the Port, agreeably to the nineteenth sec- tion of an act of Assembly passed the second of April, 1785, was read and referred to the Comptroller General, to report thereon to Council.
On motion,
Resolved, That the letter from Colonel Isaac Melcher, together with a map of the northern parts of this State, through which the new roads to Tioga is laid out, accompanying the said letter, be re- . ferred to Mr. Edie, Mr. Redick, and Mr. Dennison.
Upon the second reading of the representation of the Board of Wardens of the Port of Philadelphia, relative to the expiration of certificates granted to pilots, and which have not been renewed within one month after the passing of the act of Assembly to estab- lish a Board of Wardens for the Port of Philadelphia, and for other purposes therein mentioned, passed the fourth of October last.
Ordered, That the said representation be transmitted to the General Assembly.
The Council met.
PHILADELPHIA, Saturday, November 15th, 1788.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles, Samuel Edie,
Amos Gregg, John Baird,
James Read,
Abraham Smith,
George Woods,
Nathan Dennisen, and
Esquires.
Frederick Watts,
Richard Willing,
David Redick,
Agreeably to the Comptroller General's reports, the following or- ders were drawn upon the Treasurer, vizt :
In favor of William Coxe, Esquire, of Bristol, for the sum of forty-four pounds seventeen shillings, in full for principal and in- terest due upon his certificate for a horse furnished by him in the year 1780, to this State, for the use of the United States.
In favor of Joseph Dolby, for six pounds, for ringing the bells upon the election and proclamation of a President and Vice Presi- dent of Council.
. VOL. XV .- 39.
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In favor of Robert Smith, for six pounds three shillings and two pence ; of William Lanc, for eighteen shillings , and of John Claypoole, for two pounds seven shillings and eleven pence, in full of their several accounts for covering with green cloth a large ovel table belonging to Council, and for repairing and hanging a Vene- tian blind, including all materials.
The Council met.
PHILADELPHIA, Monday, November 15th, 1788.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.
Richard Willing, George Woods,
Samuel Miles, John Baird,
James Read,
David Redick, and
Esquires.
Samuel Edie,
Frederick Watts,
Nathan Dennison, J
Proposals in writing, from Richard Butler, William Butler, James Robinson, and Daniel Elliott, for the purchase of several lots in the reserved tract of land opposite to Pittsburgh, were read, and the further consideration thereof postponed until after the other lots in said tract are exposed to sale on the nineteenth of this month, according to publication, and it was
Resolved, That the lots applied for by the above-named persons, be reserved.
On motion,
Resolved, That the island in the river Alleghany called Wilson's Island, containing thirty-three acres and three quarters and thirty- seven perches, occupied by William Wilson, be valued at ten shil- lings per acre, in gold or silver money, and Shirties or Hamilton's Island, in the river Ohio, occupied by John Hamilton, containing one hundred and thirty-six acres and twenty-one perches, at twenty shillings per acre, in like money, and that the right of pre-emp- tion be given to the said William Wilson and John Hamilton for the islands they respectively occupy : Provided, application and compliance with the above terms be made by the said William Wil- son and John Ilamilton, within six months from and after this date.
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The Council met.
PHILADELPHIA, Tuesday, November 18th, 1788.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, George Woods,
Richard Willing, John Baird,
Amos Gregg,
Abraham Smith,
James Read,
David Redick, and
Esquires.
Samuel 'Edie,
Nathan Dennison,
Frederick Watt,
A letter from Lazarus Brown McLene, Esquire, Prothonotary of the county of Huntington, in answer to the charges exhibited against him for misconduct in his office, was received and read, and Ordered, To lie on the table.
On motion,
Resolved, That the further consideration of the complaint against the said Lazarus Brown McLene, Esquire, and of the report of Al- exander Graydon and Joseph Hubley, Esquires, made pursuant to order of Council of the twenty-second of September last on that subject, be postponed.
Mr. Piper, Mr. Marshall and Mr. Irvin, a committee of the Gen- eral Assembly on part of the message from Council, relative to a review of that part of the western road from Bedford to Fort Pitt, attended and requested a conference concerning the said review, and the expence that will attend it ; whereupon it was
Resolved, That Mr. Edie, Mr. Woods and Mr. Redick be a com- mittee of this Board to confer with the said committee of Assembly, upon the said business.
On motion,
Resolved, That the committee appointed to make the inquiries required by the resolution of Council of the fourteenth of Novem- ber, 1787, be authorized to call upon the Comptroller General for returns of the names of those public officer's, whose appointments are in the power of Council, and who have not complyed with the directions of the law relative to the settlement of their accounts.
Colonel Miles and Richard Willing were appointed to fill up the committee, upon the business respecting the Gunpowder magazine, in the room of Mr. Maclay and Colonel Hill.
At the request of the chairman of the committee of Assembly upon claims,
Ordered, That Mr. Gregg, Mr. Read and Mr. Smith be a com- mittee of Council to meet the said committee of Assembly in con- ference.
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It was moved by Colonel Miles, seconded by the Vice President " to postpone the sale of the lots in the reserved tract of land op- posite Pittsburgh, if it shall appear that the same will not sell at or near their value." On consideration, the same was referred to the Vice President, Mr. Woods and Mr. Redick, who were request- ed to report in the afternoon, specially on the subject.
The Council met at 3 o'clock, P. M.
PHILADELPHIA, Tuesday, November 18th, 1788.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, George Woods,
Amos Gregg, John Baird,
James Read, David Redick and
Samuel Edie,
Nathan Dennison,
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Esquires.
Frederick Watt,
An order was drawn upon the Treasurer in favor of the Honora- ble George Ross, Esquire, for one hundred and twenty-five pounds, being one quarter's salary as Vice President of the State, for which sum he is to account.
The Council met.
PHILADELPHIA, Wednesday, November 19th, 1788.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President,
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, John Baird,
Richard Willing, David Redick,
James Read,
Nathan Dennison,
Samuel Edie, Zebulun Potts,
Esquires.
Frederick Watt, Abraham Smith and
Amos Gregg, John Cannon,
George Woods,
The return of the General election of Sheriff's and Coroners held in the county of Bedford, was read and Arthur McGaughey, Esquire, thereupon appointed and commissionated Sheriff and Thomas Mc- Gaughey, Coroner of the said county, Samuel Davidson and George
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Funk were offered and accepted as sureties for the said Sheriff's faithful performance of the duties of his office, according to law.
On motion,
Resolved, That agreeably to a supplement to the act of Assem- bly, intituled an act to alter and amend an act 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 twenty-seventh day of February last, the inhabitants of the district of Pittsburgh in the county of Allegany, are entitled to and shall be allowed a third Justice of the Peace up- on an election of such Justice within the said district, by the free- holders thereof, being held and return made to Council according to law.
On motion,
Resolved, That to-morrow be assigned for the consideration of the complaint against Lazarus Brown McLene, Esquire, and his memorial in answer thereto.
The Board resumed the consideration of the clause intended to be inserted in the last message from Council to the General Assem- bly, relative to the Comptroller General's powers ; and on motion it was
Resolved, That the Vice President, Mr. Woods and Mr. Read be a committee to enquire and to report if any and what powers are ' invested in the Comptroller General, which in their opinion are in- compatible with the principles of the constitution.
The committee to whom was referred the motion of Colonel Miles relative to the sale of lots in the reserved tract of land opposite Pittsburgh, reported a valuation of parts of the said tract; where- upon it was
Resolved, That a letter of instructions containing the said valu- ation be written to Colonel Francis Johnston, Receiver General of the Land office in the following words, vizt :
In Council, Philadelphia, November 19th, 1788.
SIR :- Council are of opinion that the River lots opposite Pitts- burgh and contained in the reserved tract are worth, generally thirty shillings, specie (or an equivalent in certificates,) per acre.
That the Town lots on an average are worth forty shillings, spe- cie or an equivalent in certificates.
That the second, third, fourth and fifth farms are worth seven shillings and six pence per acre in certificates.
That the first farm beginning at No. 210, is worth twenty shil- lings specie per acre, or an equivalent in certificates.
That farm number 6, is worth fifteen shillings specie or an equiv- alent in certificates per acre.
That the lots number 242 to 271 inclusive, and contained in a square, are worth twenty shillings specie or an equivalent in certifi- cates per acre.
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The lots number 147, 148, 149, 150, 151, 152, 153, 154, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, and 186 have not been valued.
It is the direction of Council that you proceed in the sale of the lots according to the advertisement, and have them struck off to the highest bidder, provided the 7 will bring the prices above mentioned or nearly so, but not otherwise.
The lots which have not been valued you will have struck off to the highest bidders.
You will reserve lots number 33, 34 and 35, applied for and now occupied by Colonel William Butler, lots number 36, 37 and thirty- eight, applied for and now occupied by James Robinson, and lots number 23, 24 and 272 applied for, and now occupied by Daniel Elliott.
The exchange between specie and certificates you will estimate as one to four.
I am sir, with great respect,
Your obedient and very humble servant,
GEORGE ROSS, V. President.
Colonel FRANCIS JOHNSTON, Receiver General of the Land office.
The Council met.
PHILADELPHIA, Thursday, November 20th, 1788.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, John Baird,
Richard Willing, David Redick,
James Read, Nathan Dennison,
Amos Gregg, . John Cannon, Esquires.
Samuel Edie, Zebulun Potts, and
Frederick Watt,
Abraham Smith,
George Woods,
On motion,
Resolved, That Colonel Miles, Colonel Willing and Mr. Potts, be a Committee to enquire and to report in what manner the business of the jail of the city and county of Philadelphia is conducted, that the endeavour to obtain information relative to the cloathing, diet, lodging and treatment of the prisoners, and to ascertain if possible the quantity of spirituous liquor annually used by them, and the means by which they are supplied with it.
WHEREAS, Council have been informed by the Attorney General that the Proclamation offering a reward for apprehending and secur-
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ing the persons who seized and carried off Timothy Pickering, Es- quire, Protbonotary of the county of Luzerne, is no longer neces- sary.
Resolved, That the Proclamation of Council of the eighth day of July last, offering a reward for apprehending John Hyde, Daniel Earl, Benjamin Earl, - Cady, Wilkes Jenkins, Joseph Dud- ley, Gideon Dudley, David Woodward, John Whitcomb, Timothy Killburn, and Thomas Kinney, be and the same is hereby annulled and made void.
Resolved, That the letter which was received yesterday from the Attorney General relative to public affairs in Luzerne county since the meeting of the Supreme Court in that county, be transmitted to the Legislature.
On motion,
Resolved, That Colonel Miles, Mr. Dennison, Mr. Woods and Mr. Smith, be a Committee to take into consideration the law passed in the present sessions of Assembly, by which the collection of mili- tia fines, is postponed until the first day of September next, and to report the best mode of relieving the widows and children of militia men who may be affected by the said law.
On motion,
Resolved, That the complaint against Lazarus Brown McLene, Esquire, Prothonotary of the county of Huntington, for miscon- duct in his office, the report of Alexander Graydon and Joseph Hubley, Esquires, thereon, and the depositions sent with their re- port, and the memorial of the said Prothonotary in answer to the said complaint, be referred to the Committee appointed the thirteenth instant, to make the inquiries required by the resolution of the four- teenth of November, 1787, and that the said Committee receive from Mr. McLene such testimony as he may think proper to ad- duce.
The Council met.
PHILADELPHIA, Friday, November 21st, 1788. PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles, Abraham Smith,
Richard Willing, George Woods,
James Read, John Baird,
Amos Gregg,
David Redick, and
Esquires.
Samuel Edie, Nathan Dennison,
Frederick Watt,
Agreeably to the Act of General Assembly passed the fourth of October last, intituled'an " Act to grant the sum of one hundred
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and eighty-seven pounds ten shillings, to Captain William Ross, in consideration of his services to this Commonwealth, two orders were drawn in his favor upon the Treasurer, the one for one hundred and thirty-one pounds five shillings, and the other for fifty-six pounds five shillings, making in the whole the sum granted as aforesaid.
Council resumed the consideration of the return of Justices for the district of Pitt, in the county of Allegany ; and thereupon, John Johnston and Abraham Kirkpatrick, Esquires, were appoint- ed and commissionated Justices of the Peace and of the Court of Common Pleas in and for the county of Allegany.
On motion, it was,
Resolved, That Richard Butler and William Tilton be appointed and commissionated Justices of the Court of Common pleas of the said connty of Allegany.
Upon a letter received from Thomas Fitzimmons, Esquire, inclos- ing a resolution of the General Assembly of the eighteenth of this month, appointing a committee to confer with Council upon the subject of militia fines,
Resolved, That Mr. Miles, Mr. Smith, and Mr. Cannon, be ap- pointed a committee to meet the said committee of Assembly in conference upon the said subject.
On motion,
Resolved, That Mr. Woods, Mr. Redick, and Mr. Dennison, be a committee to consider of and report names proper to be annexed to the several streets, lanes, and alleys in the new town opposite Pittsburgh.
Colonel Johnston informed the Board that he had, in obedience to their orders, purchased in three lots, which did not amount to the prices fixed by the Board ; whereupon, it was determined to take off the restriction on the sale, from every part except the river lots, leaving it to Colonel Johnston's discretion to proceed in the sale or otherwise, as he may think most proper.
The Council met.
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PHILADELPHIA, Saturday, November 22nd, 1788
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles, Abraham Smith,
Richard Willing, George Woods,
James Read, Nathan Dennison,
Amos Gregg,
John Baird, and
Samuel Edie, David Redick,
Esquires. Frederick Watt,
Upon consideration of a letter which Council received this morn- ing from General Richard Butler and John Gibson, Esquires, dated
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November the third, 1788, inclosing a list of goods to be purchased. for the Indians,
Ordered, That the same be transmitted to the General Assembly, together with the following letter, vizt:
In Council, Philadelphia November 22nd, 1788.
SIR :- I have the honor to transmit to you a letter which Coun- cil received this morning, dated Fort Harmar, November the third, 1788, from John Gibson and Richard Butler, Esquires, commis- sioners for purchasing of the Indians the tract of country lying on Lake Erie, and lately ceded to this State by the United States, to- gether with a list of goods immediately wanted for that purpose.
Council wish to be informed if any fund hath been provided by the Legislature for the payment of such orders as they may think proper to draw on the State Treasurer for the purpose of making the purchase from the Indians, of the tract above mentioned, and in conformity with the resolve of the General Assembly of the thirteenth of September, 1788.
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