Colonial records of Pennsylvania, Vol. XV, Part 48

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


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


Your most obedient and very humble servant,


THOMAS MIFFLIN, President.


Honorable Richard Peters, Esquire.


The Comptroller General's report upon the account of Major William Armstrong, for his expences and services as an assistant to the commissioners appointed to run and mark the northern boundary of this State, by which it appears that a ballance of one hundred and fifty five pounds eighteen shillings is due to said Arm- strong, was read and referred to Mr, Cannon, Mr. Baird, and Mr. Edie, to examine the said account, and report to Council, thereon.


A return of an election of Justices held in and for the district of Kingston, in the county of Luzerne, was laid before Council and read ; and thereupon,


Ordered, That the Secretary transmit the same to the Clerk of the Peace, as informal, in order to be amended or otherwise dis- posed of, as the freeholders of the said district may think most proper.


James Hockley, Esquire, was appointed and commissionated a Justice of the Peace and of the Court of Common pleas in and for the county of Montgomery, upon a return made according to law for the district of Pottstown, in the south-west corner of said county.


On motion,


Resolved, That Samuel Davidson and Thomas Crossan, Esquires, of the county of Bedford, be appointed and commissionated a Jus- tice of the Court of Common pleas in and for the said county.


Upon the second reading of the petition of James Quigley, pray- ing to be exonerated from the payment of a recognizance entered


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into by him for the appearance of a certain Mary McDonald, who . was charged with receiving stolen goods knowing them to be such, and absconded,


An order was taken that the prayer of his petition be granted.


A petition from Nathan Field, praying Council to direct the Collector of the Customs to receive his entry of certain goods lately shipped to Virginia, upon his now producing the necessary certificates of their entry at the place of their destination, to entitle him to the drawback, was read and referred to Mr. Read, Mr. Baird, and Mr. Miles, to report thereon.


On motion,


Resolved, That such part of Colonel Pickering's letter of the fifteenth of this month as relates to the payment of rewards to sundry persons who apprehended some persons concerned in the late riots in Luzerne county, be referred to General Watts, Mr. Dennison, and Mr. Potts, to report thereon.


On motion,


Resolved, That Noah Murray, of the county of Luzerne, be ap- pointed and commissionated a Justice of the Court of Common- pleas, in for the county aforesaid.


The Council met.


PHILADELPHIA, Monday, November 24th, 1788. PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


Samuel Miles, John Cannon,


James Read, John Baird,


Samuel Edie, David Redick, and


Frederick Watts, Amos Gregg, George Woods, 1 Esquires.


Agreeably to the act of Assembly passed the fourth day of Oc- . tober last, Mrs. Sarah Caldwell offered to Council Mr. Andrew Cald- well, and Mr. John Mitchell, as her securities to indemnify the State against the certificates mentioned in the said act to be lost, and they were accepted,


Resolved, That the sum of two thousand four hundred pounds be inserted in the bond to be signed by the said gentlemen.


On motion,


Resolved, That Mr. Woods, Mr. Baird, and Mr. Redick, be a committee to value, in the reserved tract, the lots occupied by Col- onel Butler, James Robinson, and Daniel Elliott, and report the same to Council.


The motion of Mr. Redick, for the sale of the estate forfeited by . the attainder of Anthony Yeldall, was referred to Mr. Cannon and General Watt.


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SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, Tuesday, November 25th, 1788.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


Samuel Miles, John Cannon,


Amos Gregg, John Baird,


Richard Willing,


David Redick,


James Read,


Frederick Watts,


Esquires.


Samuel Edie,


Nathan Dennisen, and


George Woods,


Zebulun Potts,


Abraham Smith,


The following orders were drawn upon the Treasurer, vizt :


In favor of the Honorable David Redick, Esquire, for seventy- two pounds seven shillings and four pence, in full of his account for his salary as Vice President, from the fourteenth of October until the fourth of November, 1788, and for his pay as Counciller until this day, including his mileage and cash paid for postage of letters on public business.


In favor of the Honorable Nathan Dennisen, Esquire, for twen- ty-five pounds five shillings, in full of his account for attendance in Council until this day, inclusively, and his mileage.


On motion,


Resolved, That James Biddle, Esquire, be appointed and com- missionated a Justice of the Court of Common Pleas in and for the county of Philadelphia.


Council agreed to re-consider their resolution of the twenty-first instant, by which John Johnston and Abraham Kirkpatrick, Es- quires, are appointed Justices of the Peace for the district of Pitt, in the county of Allegany ; and on re-consideration, it was


Resolved, To rescind the said resolution so far as respects the said appointments of Justices of the Peace.


John Wilkins and John Johnston, Esquires, were thereupon ap- pointed Justices of the Peace for the district of Pitt, in the county of Allegany, and the said John Wilkins was appointed a Justice of the Court of Common Pleas in and for the said county, commis- sions were issued accordingly.


On motion,


Resolved, That Colonel Miles, Colonel Smith, Mr. Edie, and Doctor Gregg, be a committee to inquire into the state of the fund appropriated by act of Assembly for purchasing the Lake Erie lands from the Indians who may have just claims thereto, and that they report the name of a proper person to purchase the goods wanted for the Indians.


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MINUTES OF THE


The Council met at the President's house.


PHILADELPHIA, Wednesday, November 26th, 1788.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


Samuel Miles, Abraham Smith,


Nathan Dennison, John Baird, 1


Zebulun Potts,


George Woods, and > Esquires.


Frederick Watt,


Samuel Edie,


David Redick,


The Council met.


PHILADELPHIA, Thursday, November 27th, 1788. ·


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


Samuel Miles, Samuel Edie, 7


Zebulun Potts, John Baird, 1


Frederick Watts,


Nathan Dennisen, and & Esq'rs.


George Woods, Richard Willing,


Abraham Smith,


Upon the petition of Samuel Hulings, of the county of Alle- gany, praying for the right of pre-emption of an island in the river Allegany, about fifteen miles from Pittsburgh, containing about forty acres ;


Resolved, That the said right of pre emption be granted to the petitioner, and that it be referred to Mr. Cannon, and Mr. Baird, to ascertain and report its value.


The petition of William Alexander, relative to his purchase of lot No. 6, in the reserved tract opposite to Pittsburgh, (which lot, upon inspection of the original survey in April, 1785, made by Alexander McLene, appears not to extend over Girty's run,) was referred to the same committee.


A petition from a number of purchasers of lots in the reserved tract of land opposite Pittsburgh, praying that several purchases may be included in one patent, and that the fees of office may be as low as possible, and receivable in paper money of the last emis- sion, was referred to Mr Woods, and Mr. Smith.


Upon the report of the said committee an order was taken that the prayer of the said petition be granted, the purchasers paying for each recital agreeably to the terms of the Land Office.


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SUPREME EXECUTIVE COUNCIL.


On motion,


Resolved, That Colonel Francis Johnston and James Trimble, prepare the conveyances to the purchasers of lots within the said reserved tract agreeably to the said resolution.


The committee appointed to enquire into the state of the fund appropriated by act of Assembly, for purchasing from the Indians the Lake Erie lands, lately ceded to this State by the United States, and to report a suitable person to procure the goods necessary to make the said purchase, delivered in a report, which was read, and on motion, and by special order the same was read the second time and adopted, as follows, vizt :


Your committee appointed to enquire into the state of the fund arising from the additional duties, and to report a suitable person to purchase the Indian goods wanted by the Commissioners, report: That the Collector of the Customs has assured your committee that there will be a sufficient sum for the purpose of purchasing the goods referred to, of the proper fund in the treasury, by the first of January next. The committee recommend Wistar and Aston as suitable persons to procure the goods wanted, who will purchase what they cannot furnish out of their own store, without charging commissions. Your committee would observe, that from the enquiry they have made there is reason to believe that neither Strouds nor Match coats can be procured in this city, and would therefore sub- mit to Council whether it would not be requisite to substitute blue cloth with white edging, if such can be got, and Indian blankets, in the place of Strouds and Match coats,


On motion,


Resolved, That Colonel Francis Johnston, be requested to super- intend the purchase and choice of the goods aforesaid.


Upon motion,


Resolved, That agreeably to the supplement to the act of Assem- bly entituled "An Act to amend an act entituled An Act to remedy the defects of the several acts of Assembly beretofore made for regulating the elections of Justices of the Peace throughout this State, &ca " passed the twenty-seventh of February last, the in- habitants of the district of Norris-town, in the county of Mont- gomery, are intitled to and shall be allowed a third Justice of the Peace, upon an election of such Justice within the said district by the freeholders thereof being held, and a return made according to law.


Upon consideration of the report of the committee appointed to value the lots in the reserved tract opposite Pittsburg, occupied by James Robinson,


Resolved, That the sum of two hundred and twenty-four pounds two shillings in certificates be paid by the said James Robinson for the lots number 36, 37 and 38, containing in the whole eighteen acres, including the town lots.


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MINUTES OF THE


Upon the second reading of the petition from a number of the freeholders of the district of Germany and Mountjoy townships against the late election of Justices in that district, and the report thereon,


Resolved, That the same be referred to Colonel Miles, Colonel Smith and Colonel Woods, to examine and report specially thereon.


The petitions of Stephen Jenkins and others, praying remission of the fines which have been imposed on them by the Supreme Court held in Luzerne county, upon being convicted of a riot, in carrying off Timothy Pickering, Esquire, were read the second time, and referred to Mr. Edie, Mr. Potts and Mr. Dennison, with instructions to consult the Chief Justice on the subject.


The Council met.


PHILADELPHIA, Friday, November 28th, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


Samuel Miles, John Baird,


7


Richard Willing, Zebulun Potts,


Samuel Edie, Abraham Smith, and


Esq's.


George Woods, Nathan Dennison, 7


An order was drawn upon the Treasurer in favor of James Elliott for the sum of seven pounds eleven shilling, in full of his account for boarding of John Franklin, from the eleventh of September until the time of his removal from the jail of the city and county of Philadelphia to that of the county of Luzerne, according to the Comptroller General's report.


Upon consideration of the petitions of Nicholas Seitzinger and Andrew Fox, of the borough of Reading, and a recommendation from the Court of Quarter Sessions of the county of Berks,


Ordered, That the fines imposed upon the petitioners by the said Court, upon their being severally convicted of assault and battery, be remitted.


Upon the report of the committee to whom it was referred to consider of a proper name for the new town within the reserved tract of land opposite Pittsburg, and also names for the streets, lanes and alleys therein.


Resolved, That the said town be called Alleghany ; that the street marked in the general draft or platt of said town :


No. 1 be called Federal street, 2 Ohio street,


3 Sandusky street,


And No. 4 Beaver street.


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SUPREME EXECUTIVE COUNCIL.


That the alleys marked as aforesaid :


No. 1 be called Water Alley, 2 Gay Alley,


3


Strawberry Alley,


4 North Alley,


5 Middle Alley, and


No. 6 Pitt Alley.


That the lane leading from Elliott's Ferry be called Ferry Lane ; and that laid out along the bank of the river Alleghany, be called Bank Lane.


On motion,


Resolved, That to-morrow be assigned for the further considera- tion of the case of Jacob Dryer.


The Council met.


PHILADELPHIA, Saturday, November 29th, 1788.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


Samuel Miles, John Cannon,


Richard Willing, John Baird,


1


James Read, Zebulun Potts, Esquires. Samuel Edie, Abraham Smith, George Woods, Nathan Dennison.


The case of Jacob Dryer was referred to Mr. Smith, Mr. Woods and Mr. Read who were instructed to consult the Justices of the Supreme Court and the Attorney General on the subject and report to Council thereon,


Ordered, That the Secretary be directed to furnish the said com- mittee with the entry on the minutes of Council and all the papers relative to the said Dryer's pardon.


Upon consideration of the report of the committee to whom was referred the petitions of William Alexander and Samuel Hulings, the former relative to the purchase of farm Number 6 in the reserved tract opposite Pittsburgh, and the latter praying the right of pre- emption of the Island in the river Allegany, which he occupies con- taining 40 acres.


Resolved, That the sale of said farm made to Major William Alexander on the nineteenth day of this month, be vacated and that the said farm number 6, as the same is bounded by Girty's run be again exposed to public sale and Colonel Francis Johnston was instructed accordingly.


Resolved, That the island in the River Allegany, containing about forty acres of land occupied by Samuel Hulings, be valued at


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MINUTES OF THE


seven shillings and six pence per acre, in specie, and that the right of preemption of the same be granted to the said Hulings, provided application and compliance with the said terms, be made by him within six months from the date hereof.


The Council met.


PHILADELPHIA, Monday, December 1st, 1788.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire President ..


Samuel Miles, John Baird,


James Read,


Abraham Smith,


Samuel Edie, Zebulun Potts,


Esquires.


George Woods, Nathan Dennison. and


John Cannon,


Amos Gregg,


On motion,


Ordered, That the Surveyor General be and he is hereby direct- ed to cause to be surveyed and returns thereof made into his offices all island's in the Rivers Allegany and Ohio which have not alrea- dy been surveyed nor returns thereof made from the mouth of French creek to the Western Boundaries of this State.


Mr. Potts was appointed for the present month to attend as a member of the Board of Property.


On motion,


Resolved, That Mr. Miles, Mr. Woods, Mr. Smith, Mr. Read, and Mr. Potts be a committee to make the inquiries required by the resolution of this Board of the thirty-first of October last, touching the abuses and frauds alledged to have been committed at the late general election in the city and county of Philadelphia, in- stead of General Watt, Mr. Smilie and the Vice President who are absent.


On motion,


Resolved That Mr. Cannon be added to the committee. appoint- ed November the fourteenth, to take into consideration the letter from Colonel Melcher and the map of the northern part of the State accompanying the said letter.


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SUPREME EXECUTIVE COUNCIL.


The Council met.


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PHILADELPHIA, Tuesday, December 2nd, 1788.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


Samuel Miles, John Cannon,


Richard Willing, John Baird,


Amos Gregg,


Abraham Smith,


Esquires.


Samuel Edie,


Christopher Kucher,


James Read,


Zebulun Potts, and


George Woods, Nathan Dennison,'


An order was drawn upon the Treasurer in favor of Frederick Sneider, for fifteen pounds, in full of his account for his wages as Doorkeeper to Council for the month of November, 1788.


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


In favor of Major William Armstrong, for one hundred and fifty-five pounds eighteen shillings, ballance due upon his account for his expences and services as Commissary and Surveyor to the Commissioners appointed to run and mark the northern boundary of this Commonwealth.


In favor of Clement Biddle, Esquire, for seventy-nine pounds ten shillings and two pence, in full of his account for rations sup- plied the Invalid corps, from the first of August to the thirty-first day of October, 1788, inclusive.


Upon the second reading of the petition of John Hudson, late of the town of Baltimore, who stands convicted at the last Court of Quarter Sessions of the city and county of Philadelphia, of for- gery,


Resolved, That the same be referred to Colonel Smith, Colonel Miles, and Mr. Dennisen, with an instruction to consult the Jus- tices of the said Court and to report to Council.


The petitions of Hugh Hagan, Daniel Stephens, and Peter Hanes, confined in the jail of the city and county of Philadelphia ; of Sa- rah Wilson, and Margaret Dyer, confined in the workhouse of the said city ; and of Thomas Canby, confined in Bucks county; and of William Cowan, in that of Bedford, praying remission of the fines and penalties which have been imposed upon them upen their being convicted of the several offences charged against them, were refer- red to Doctor Gregg. Colonel Woods, and Mr. Potts, to make some enquiry into the cases of the petitioners and report thereon to Council.


On motion,


Resolved, That the petition from a number of the inhabitants of Northampton county, containing a complaint against their Com-


VOL. XV .- 40.


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MINUTES OF THE


missioners and County Treasurer, for not giving the necessary in- formation concerning the assessment and collection of the public taxes in that county be referred to Mr. Gregg, Mr. Baird, and Mr. Dennison, to report thereon.


On motion,


Colonel Willing was added to the committee to whom was refer- red the motion for the sale of the estate forfeited by the attainder of Anthony Yeldale.


The Council met.


PHILADELPHIA, Wednesday, December 3rd, 1788.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


Samuel Miles, Abraham Smith,


Richard Willing, Christopher Kucher,


Amos Gregg, John Baird,


James Read, Zebulun Potts,


Samuel Edie, Nathan Dennison, and


George Woods, John Cancon,


1 Esquires.


An order was drawn upon the Treasurer in favor of the Honor- able John Baird, Esquire, for the sum of thirty-three pounds, in full of his account for attendance in Council from the eleventh of October until the fourth instant, inclusively, and his mileage.


Agrecably to the Comptroller General's report, an order was drawn upon the Treasurer in favor of David Rittenhouse, Esquire, for two hundred and eighty-one pounds twelve shillings and six pence, in full of his account for his services as a Commissioner in running and marking the northern boundary of this State, and for several mathematical instruments purchased to enable him and the other Commissioners to perform said work.


The petition of Rachel Gibbs, for remission of her husband's forfeited recognizance in the case of Hugh Furfey, which was read on the sixth of November was read the second time and referred to Mr. Gregg, Mr. Woods, and Mr. Potts.


The President laid before Council a letter which he received from Bishop White, respecting the present mode of granting licences for marriage, and the same being read the second time, was referred to Mr. Woods, Mr. Smith, Mr. Kucher, and Mr. Read.


Upon the second reading of the account of William Hamilton, against the Commonwealth for arrears of ground rent due on cer- tain lots of ground in the borough of Lancaster, held for public use, and the Comptroller General's report thereon, it was


Resolved, That the same be referred to Mr. Gregg, and Mr. Baird.


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SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, Thursday, December 4th, 1788.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


Samuel Miles, Abraham Smith,


Richard Willing,


Christopher Kucher,


Amos Gregg, John Baird,


Esquires.


James Read,


Zebulun Potts,


Samuel Edie,


Nathan Dennisen,


George Woods,


John Cannon,


Upon consideration of the report of the committee to whom was referred the evidence taken by Henry Slagle, Jacob Rudisell, and David Beaty, Esquires, Justices of York county, touching a dis- puted election of Justices of the Peace held on the seventeenth of May last in Germany and Mountjoy townships, in the county afore- said.


Resolved, That the said election was irregular and illegal, and that therefore the commission issued thereupon to Robert McIlhany be and the same is hereby revoked and declared null and void.


Resolved, That a præcept be now issued for holding a new elec- tion for Justices of the Peace, within the district aforesaid, on the fourth day of February next.


Council took into consideratien a letter from the Surveyor Gene- ral, recommending Mr. Andrew Ellicott as a proper person to sur- vey the islands in the river Alleghany and Ohio, agreeably to the order of this Board of the first instant; and thereupon


Rsolved, That the said Andrew Ellicott be and he is hereby appointed to survey the said islands, under the direction of the Surveyor General.


On motion,


Resolved, That Mr. Kucher be added to the committee to whom were referred the account of William Hamilton and the Comptrol- ler's report thereon, Mr. Baird, one of that committee, being about to visit his family.


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MINUTES OF THE


The Council met.


PHILADELPHIA, Friday, December 5th, 1788.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


Samuel Miles, Christopher Kucher, 7


Richard Willing,


Abraham Smith,


James Read,


Nathan Dennison, and SEsquires.


Samuel Edie,


John Cannon,


George Woods,


Upon application of Doctor Benjamin Rush, in behalf of the Trustees of Dickinson College at Carlisle,


Ordered, That the State Treasurer be authorized and directed to draw an order upon the Treasurer of Cumberland county in favor of the said Trustees, for the amount of one-half year's interest due upon the certificates which belong to the said College, any thing in the order of Council of July the sixteenth, 1787, to the contrary notwithstanding.


A petition from John Fureman of Dauphine county, praying remission of the fine imposed upon him, upon being convicted of horse stealing at the last Court of Quarter Sessions of the Peace of said county, was read the second time, and referred to Doctor Gregg, Mr. Potts and Mr. Woods.


A letter from Messrs. Turnbull, Marmie and company to Messrs. Wistar and Ashton, relative to the supply of some blankets now at Pittsburgh, which are said to be suitable for Indians, was read, and an order taken that Messrs. Wistar and Ashton be authorized to agree with Messrs Marmie, Turnbull and company, for as many of the said blankets as will compleat the order of the Indians Com- missioners for that article.


The Council met.


PHILADELPHIA, Saturday, December 6th, 1788. PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


Samuel Miles, Christopher Kucher,


Richard Willing, Abraham Smith,


James Read, Nathan Dennison, and


Samuel Edie, John Cannon,


SEsquires.


George Woods,


An order was drawn upon the Treasurer in favor of the Honora- ble Abraham Smith, Esquire, for thirty-four pounds ten shillings,


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SUPREME EXECUTIVE COUNCIL


in full for his attendance in Council from the first of November until the sixth of December, 1788, inclusively, and his mileage.


Petitions from Thomas Keys and Daniel McFarlane, convicted of larceny at the last Court of Quarter Sessions of the Peace of Philadelphia county, and of Martha Sharp in behalf of her hus- band Philip Sharp, who was convicted of an assault and battery at the same court, were read and referred to Mr. Read, Mr. Woods and Mr. Potts.


On motion,


Resolved, That Monday, the eighth instant, be assigned for going into the appointment of a Sheriff for the county of Washington.


Upon the second reading of the letter from Thomas Fitzimmons, Esquire, and Mr. John Donaldson, assignees of John Mitchell, requesting payment of a ballance due by the State upon the account of said John Mitchell,


Resolved, That the same be referred to Colonel Miles, Colonel Smith and Colonel Willing.


Upon consideration of the report of the committee to whom was referred the petition of John Fureman, who was lately convicted of horse stealing in the county of Dauphine, praying a pardon,


Resolved, That the fine due to the State, and the punisment at hard labour to which the petitioner was sentenced for the said offence, be remitted.




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