Colonial records of Pennsylvania, Vol. XVI, Part 10

Author:
Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 590


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In favor of the Honorable Christopher Kucher, Esquire, for thirty one pounds ten shillings in full, for his attendance in Coun- cil from the twentieth of May to the thirtieth of June, 1789, in- clusively.


In favor of Matthew Irwin, Esquire, Master of the Rolls of this State, for inrolling the laws of the Commonwealth, for thirty.four pounds fourteen shillings and five pence, being the amount of his account from February the twenty-eighth, 1787, to March the twenty-eighth, 1788, according to the Comptroller General's and Register General's reports.


The Comptroller aad Register General's reports upon the ac- count of Benjamin Blythe, Esquire, late Sub-Lieutenant of Cum- berland county, for cash advanced by him as a bounty to Stephen Cessna, who inlisted in June, 1780, to serve as a seven months' man in the Continental Army, amounting to sixteen pounds five shillings and two pence, was read and approved.


Upon consideration of the petition and recommendation in favor of Leonard Lesher, who was convicted at the last Court of General Quarter Sessions of the Peace for the county of Philadelphia, of keeping a disorderly house, praying remission of the fine of twenty- five pounds due to the State, imposed upon him by the said Court for the said offence,


Resolved, That the said fine be remitted, in consideration of bis poverty, and it being represented to Council that this is the first offence.


Upon consideration of the petition and recommendation in favor of Anthony Cagle, for remission of the punishment at hard labour


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SUPREME EXECUTIVE COUNCIL.


to which he was sentenced by the last Mayor's Court, upon being convicted of receiving a bank note, knowing it to have been stolen,


Resolved, That the said Anthony Cagle be and he hereby is pardoned.


A petition from John Philip De Haas, of the city of Philadel- phia, stating that his negroe lad Robert, about sixteen years of age, was convicted of receiving stolen goods at the last Mayor's Court, and praying that in consideration of his youth, Council would be pleased to grant him a pardon of the said offence, was received and read ; and on consideration, it was


Resolved, That the prayer of the petitioner be granted.


Upon consideration of the petition and recommendation in favor of Robert Cunnard, late of Norristown, in the county of Mont- gomery, who was attainted of high treason for having joined the British army in the year 1777, praying Council to take his case into consideration and grant him a pardon,


Resolved That the said Robert Cunnard be and he is hereby pardoned.


The Council met.


PHILADELPHIA, Thursday, July 2nd, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


Amos Gregg, Christopher Kucher,


Richard Willing,


Zebulun Potts, and


Esquires.


Samuel Miles, James Read,


William Hepburn, Esquire, was appointed and commissionated a Justice of the Peace and of the Court of Common Pleas, in and for the county of Northumberland, upon a return made according to law from the district of the township of Loyalsock, in the said county.


Upon consideration of a memorial from a committee of public creditors, stating the great hardships they labour under in conse- quence of the delay in payment of the interest which is due to them from the Treasury of this State,


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Ordered, That the Secretary write a circular letter to the Com- missioners of the several counties, directing them to take the most effectual measures for collecting all arrearages of public taxes in their respective counties.


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The Council met.


PHILADELPHIA, Friday, July 3rd, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


Samuel Miles, Richard Willing,


James Read, Christopher Kucher, and


Amos Gregg, Zebulun Potts,


Esquires.


Upon application of Miers Fisher, Esquire, attorney of Christi- ana Gulielma Gaskill, that Council would be pleased to appoint a time for hearing (before them,) the objections of the Attorney General, to granting the prayer of the petition of the said Gu- lielma Gaskill, to wit : that he, the Attorney General, be directed to receive a declaration in ejectment on her demise, to try her title to three equal fourths parts of divers lots of ground, containing in breadth north and south, one hundred and two feet, and extending across the intervading streets of the city from the west side of Delaware Fourth street to the river Schuylkill,


Resolved, That Tuesday next at ten o'clock in the forenoon, be appointed for the said hearing, if convenient to the Attorney Gen- eral.


Council Chamber.


PHILADELPHIA, Monday, July 6th, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


James Read, Abraham Smith, and r


Amos Gregg, Zebulun Potts, Esquires. Christopher Kucher,


The Council met.


PHILADELPHIA, Tuesday, July 7th, 1789. PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


James Read, Abraham Smith,


Amos Gregg, Samuel Miles,


Christopher Kucher, Richard Willing,


Esquires.


Zebulun Potts,


Council being informed that it is not convenient for the Attor- ney General to attend the hearing appointed for this day, upon the


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SUPREME EXECUTIVE COUNCIL.


application of Miers Fisher, Esquire, Attorney of Christian Guliel- ma Gaskill,


Resolved, That the same be postponed.


The Council met.


PHILADELPHIA, Wednesday, July 8th, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


James Read, Samuel Miles, ?


Amos Gregg, Richard Willing, and


Christopher Kucher,


Zebulun Potts,


Esquires.


Abraham Smith,


The Comptroller and Register General's reports upon the fol- lowing accounts, were read and approved, vizt :


Of William Shannon, Esquire, Auctioneer of the Northern Lib- erties, for the State duty upon goods sold at auction, between the twentieth of March and twenty-sixth of June, 1789, amounting to one hundred and eight pounds two pence half-penny.


Of Henry Berntheisel, for his pay as a seven months' man in the late army of the United States, under Captain Hubley of Lancas- ter county, amounting to seventeen pounds ten shillings.


The fine imposed upon Jacob Houser by the Court of General Quarter Sessions of Montgomery county, upon his being convicted in September, 1788, of keeping a tipling house, was remitted, agreeably to the prayer of his petition and a recommendation from two of the Justices of the said Court.


Upon consideration of the petition and respectable recommenda- tion in favor of Margaret Summers, late Margaret Ellis, who was convicted of larceny at the last Mayor's Court, praying a pardon of the said offence in consideration of her youth,


Resolved, That the said Margaret Summers be, and she hereby is pardoned.


On motion,


Resolved, That the consideration of the several accounts sent up by the Comptroller General previous to the present month, ap- pointed for this day, be postponed.


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MINUTES OF THE


The Council met.


PHILADELPIIIA, Thursday, July 9th, 1789.


PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President.


James Read, Zebulun Potts, r Amos Gregg, Abraham Smith, and Esquires.


Christopher Kucher, Samuel Miles,


Upon consideration of the petition and recommendation in favor of Wood Lloyd, for remission of the fine of ten pounds, payable to the use of the Commonwealth, to which he was sentenced at the last Court, upon being convicted of retailing spirituous liquors by the small measure, without licence so to do,


Resolved, That the said fine of ten pounds be remitted.


A petition from Thomas Gregory, convicted of larceny at the last Court of General Quarter Sessions of the Peace, held in and for the county of Philadelphia, and sentenced to pay to the use of the Commonwealth a fine of six pounds eleven shillings, and to under- go a servitude of eighteen months hard labour, praying that Council would be pleased to remit the said fine and punishment at bard labour, was read ; and thereupon,


Resolved, That the prayer of the petitioner be granted.


The Council met.


PHILADELPHIA, Friday, July 10th, 1789.


PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President.


James Read, Samuel Miles,


Amos Gregg, Christopher Kucher, and Esquires.


Zebulun Potts, Abraham Smith,


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


In favor of John Nicholson, Esquire, for one hundred and twen- ty-seven pounds three shillings and eight pence, amount of his ac- count for further repairs done to that part of the bank of Mud Island, which by contract is to be kept up at the expence of the State.


In favor of John Donaldson, for thirty five pounds seven shillings and six pence, amount of his account for the hire of a clerk in the Register General's office, from April the third till July the third, 1789.


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SUPREME EXECUTIVE COUNCIL.


A petition in favor of Henry Wells of York county, for remis- sion of the punishment to which he was sentenced, upon being convicted of a robbery in the county of York aforesaid, was read and dismissed.


The Council met.


PHILADELPHIA, Saturday, July 11th, 1789.


PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President.


Samuel Miles, Christopher Kucher, -


James Read, Amos Gregg, and Esquires.


Abraham Smith, Zebulun Potts, 8


An order was drawn upon the Treasurer in favor of the Honor- able Zebulun Potts, Esquire, for the sum of seventy-two pounds fifteen shillings, in full of his account for attendance in Council, from the first day of April untill July the eleventh, 1789, inclu- sively, deducting five days absence.


Upon a recommendation of the Court of General Quarter Ses- ' sions of the county of Philadelphia, a licence was granted to James Williams to follow the employment of a hawker and pedlar within the said county, until the ninth day of July next, he having entered security as the law directs.


1


The Council met.


PHILADELPHIA, Monday, July 13th, 1789.


PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President.


Samuel Miles, Abraham Smith,


Amos Gregg, Christopher Kucher, and Esquires.


James Read, Zebulun Potts,


Two orders of the Court of General Quarter Sessions of the Peace of the county of Huntington, for erecting the town of Hun- tingdon and that part of the township of Huntington which is bounded by Cumberland county, the river Juniata, the Warrior Ridge and the line of Barree township, into a separate district, for the more convenient election of Justices of the Peace; and also the north end of Tyrone township, beginning on the Little Juniata river, in the line of Huntington township, thence up the same to the corner of Frankstown township, at Logan's Narrows, thence by


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MINUTES OF THE


the line of Frankstown township to the line of Northumberland county, thence by the same to the corner of Barree township, thence by the line of Barree to the line of Huntington, and thence by the same to the place of beginning, containing township and district for the purpose aforesaid ; which were received and read in Council on the ninth of April last, were read the second time, and an order taken that the districts as above described for the purpose of electing Justices of the Peace, agreeably to act of Assembly passed the twenty-seventh of March, 1784, be and the same are hereby confirmed.


The Council met.


PHILADELPHIA, Tuesday, July 14th, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


Samuel Miles, Christopher Kucher,


Abraham Smith,


Amos Gregg, Esquires. James Read,


The following orders were drawn upon the Treasurer vizt :


In favor of the Honorable James Read, Esquire, for twenty-seven pounds, in full for bis attendance in Council from the ninth of June until the fourteenth of July, 1789, inclusively.


In favor of John Nicholson, Esquire, for the sum of two hundred pounds, being one quarter's salary due to him as Comptroller Gene- ral on the thirteenth instant; and for the sum of fifty pounds, for one quarter's salary due to his Clerk on the tenth of this month, agreeably to act of Assembly passed the fourth day of April, 1785.


The fine of ten pounds which wes adjudged to be paid to the use of the State by John Coburne, upon his being convicted at the last Mayor's Court of keeping a tipling house, was remitted, upon his petition and a recommendation accompanying the same.


Upon the second reading of the petition of Arthur French, pray- ing remission of the punishment to which he was sentenced, upon being convicted of a cheat at the last Mayor's Court,


Resolved, That the same be dismissed.


A letter from the President of the United States, dated New- York, July the ninth, 1789, inclosing an act of Congress, of the United States for laying a duty on goods, wares and merchandize, imported into the United States, passed the fourth instant, was received and read, and ordered to be filed.


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SUPREME EXECUTIVE COUNCIL


The Council met.


PHILADELPHIA, July 15th, 1789, Wednesday. PRESENT :


His Excellency THOMAS MIFFLIN, Esquire. President.


The Honorable GEORGE Ross, Esquire, Vice President.


Samuel Miles, Christopher Kucher, and )


James Read, Abraham Smith, Esquires.


Amos Gregg,


The Comptroller General's and Register General's report upon the account of George Gerling, for his pay as a seven months' man in the late army of the United States, amounting to sixteen pounds ten shillings, was read and approved.


The Council met.


PHILADELPHIA, Thursday, July 16th, 1789. .


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


Samuel Miles,


Christopher Kucher, 5 : Amos Gregg,


James Read, Abraham Smith, Esquires.


Agreeably to the Comptroller General & Register General's report, an order was drawn upon the Treasurer in favor of John Donaldson, Esquire, for thirty-eight pounds three shillings and two pence, amount of his account of cash paid for sundry large blank books for keeping a register of the accounts of this Commonwealth, agreeably to act of Assembly passed the twenty-eighth day of March last, and for stationary furnished for the said Register's office.


The Council met.


PHILADELPHIA, Friday, July 17th, 1789. PRESENT : His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.


Amos Gregg, Christopher Kucher, and )


James Read, and Abraham Smith,


Esquires.


Samuel Miles,


Matthew Irwin, Esquire, Recorder of Deeds for the city and county of Philadelphia, and Master of the Rolls for this. Common- VOL. XVI .- 8.


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MINUTES OF THE


wealth, appeared in Council, and took the oath required by an act of Congress passed the first of June last.


The Council met.


PHILADELPHIA, Saturday, July 18th, 1789.


PRESENT : His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.


Samuel Miles, Christopher Kucher, and


James Read, Abraham Smith, Esquires. Amos Gregg,


Upon application of Samuel Caldwell, Esquire,


Resolved, That the said Samuel Caldwell, during the time he hath acted as Collector of the duty of Tonnage in this Common- wealth, he hath executed the several duties of the said office with fidelity and to the satisfaction of the Board.


Upon consideration of the petition and recommendation in favor of James McMurphy, who was convicted at the last Mayor's Court of an assault and battery and sentenced to pay a fine of fifty pounds to the use of the Commonwealth, and to find security for his good behaviour for one year, and it appearing to Council by a letter from the Mayor of the city, that the said James McMurphy has com- plied with that part of his sentence which requires security for his good behaviour, and that he remains imprisoned for his fine only,


Resolved, That the said fine of fifty pounds be remitted,


The Council met.


PHILADELPHIA, Monday, July 20th, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


Samuel Miles, Christopher Kucher,


Amos Gregg, Abraham Smith, and James Read, Zebulun Potts, } Esquires.


The Honorable the Chief Justice Mckean, Judges Atlee, Rush and Bryan, with the Attorney General, Mr. Bradford, and the Pro- thonotary of the Supreme Court, Mr. Burd. appeared in Council and


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SUPREME EXECUTIVE COUNCIL.


took the oath prescribed by theact of Congress, of the first of June, 1789.


Council Chamber.


PHILADELPHIA, Tuesday, July 21st, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross. Esquire, Vice President.


Samuel Miles,


Christopher Kucher, )


James Read, Abraham Smith, and . Esquires,


Amos Gregg,


Zebulun Potts, 5


The Council met.


PHILADELPHIA, Wednesday, July 22, 1789.


PRESENT : His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


Samuel Miles, Christopher Kucher, )


Amos Gregg, Abraham Smith, and >Esquires.


James Read, Zebulun Potts,


The following orders were drawn upon the Treasurer, vizt:


In favor of the Honorable William Augustus Atlee, Esquire, for one hundred and fifty pounds, being one quarter's salary, due to him on the twenty fifth of June last, as one of the Judges of the Supreme Court.


In favor of the Honorable George Ross, Esquire, for one hun- dred and twenty-five pounds, being one quarter's salary due to him as Vice President of the State, ending the fifth of this month.


Upon consideration of the petition of John Wilson, who was attainted of high treason by proclamation of Council, dated the eighth of May, 1778, issued in pursuance of an act of General Assembly dated the sixth day of March, in the same year, praying (for the reasons stated in his petition) that Council would be pleased to grant him a pardon, so far as respects his person only,


Resolved, That the said John Wilson be and he is hereby par- doned.


.


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MINUTES OF THE


Upon consideration of the petition of John Thompson, convicted of a cheat and of an assault and battery, praying remission of the fines to which he was sentenced upon being convicted as aforesaid ; and it appearing to Council, by a certificate from the Jailor, that his term of servitude is expired,


Resolved, That the fine of fifteen pounds and of five pounds, which were imposed upon the petitioner, be and the same are here- by remitted. .


The Council met.


PHILADELPHIA, Thursday, July 23rd, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


James Read, Abraham Smith, -


Amos Gregg, Zebulun Potts, and & Esquires.


Christopher Kucher, Samuel Miles,


Upon application of John Hewson, requesting Council to grant him an order for fifty pounds, being the second installment allowed by act of Assembly passed the twenty-seventh day of March last, to assist him in carrying on his business of callico printing and bleaching within this State, and that Council would be pleased to accept Peter Smallwood as surety for the faithfull application and repayment of the said sum in the time mentioned in the said act,


Resolved, That an order issue in favor of John Hewson for the aforesaid sum of fifty pounds, and that the said Peter Smallwood be accepted as his surety.


A draft of a proclamation, notifying all persons concerned within this State of the necessity of taking the oath required by the act of Congress passed the first day of June last, was laid before the Board, read, and agreed to, as follows, vizt :


Pennsylvania, ss:


By the President and Supreme Executive Council of the Common- wealth of Pennsylvania :


A PROCLAMATION.


WHEREAS, The Constitution of the United States provides that the members of the several State Legislatures and all Executive and Judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation to support the said Constitution :


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SUPREME EXECUTIVE COUNCIL.


And Whereas, By an act of the said United States, passed on the first day of June now last past, it is provided that the oath or affirmation required by the sixth article of the said Constitution shall be administred in the form following, to wit : I, A B, do sol- emnly swear or affirm (as the case may be) that I will support the Constitution of the United States :


And whereas, It is in and by the said act also directed and re- quired, " that the members of the several State Legislatures, at the next sessions of the said Legislatures, respectively, and all Execu- tive and Judicial officers of the several States who have been here- tofore chosen or appointed, or who shall be chosen or appointed be- fore the first day of August next, and who shall then be in office, shall, within one month thereafter, take the same oath or affirma- tion, except where they shall have taken it before, which may be administered by any person authorized by the law of the State in which such office shall be holden to administer oaths; and the members of the several State Legislatures and all Executive and Judicial officers of the several States who shall be chosen or ap- pointed after the said first day of August, shall, before they pro- ceed to execute the duties of their respective offices, take the fore- going oath or affirmation, which shall be administered by the per- son or persons who, by the law of the State, shall be authorized to administer the oath of office; and the person or persons so admin- istering the oath hereby required to be taken, shall cause a record or certificate thereof to be made, in the same manner as by the law of the State he or they shall be directed to record or certify the oath of office, which said act has been transmitted to Council, in order that the same may be duly made known and promulgated within this Commonwealth:


And whereas, For the convenience of those whom it may con- cern, and that they may have knowledge thereof, Council hath caused copies of the said act to be transmitted to the Prothonotarys of the several Court of Common Pleas within this State, with di- rections to make the same known within their respective counties. We have therefore thought proper to issue this proclamation, in order that no one may pretend ignorance of the premisses, and that all persons whom it may concern may have knowledge thereof and govern themselves conformably to the said Constitution and recited act.


Given in Council, under the hand of his Excellency Thomas Mifflin,


Esquire, President, and the Seal of the State, at Philadelphia, this twenty-third day of July in the year of our Lord, one thou- sand seven hundred and eighty-nine, and of the Commonwealth the fourteenth.


THOMAS MIFFLIN.


ATTEST :- CHARLES BIDDLE, Sec'ry.


Colonel Miles informed the Board that Casper Snyder, Cooper, living on Vine street wharf, was the son of the Mr. Snyder men-


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tioned in the letter transmitted by the President of the United States yesterday, and Colonel Miles had leave to take the German letter which was inclosed for the use of the said Snyder.


The Council met.


PHILADELPHIA, Friday, July 24th, 1789.


PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President.


James Read, Zebulun Potts,


Amos Gregg, Christopher Kucher, and Esquires.


Samuel Miles, Abraham Smith,


The Comptroller and Register General's report upon the account of George Graff, Esquire, Sheriff of the county of Northampton, for cash received on account of Court fines in October and Decem- ber terms, 1788, amounting to twenty-seven pounds, was read and. approved.


Council took into consideration the case of William Cole, now confined in the jail of the city and county of Philadelphia, under sentence of death for a robbery, of which he was convicted at a Court of Oyer and Terminer and General Jail Delivery, held at Philadelphia the sixteenth instant, and a transcript of the record of his conviction being read, it was thereupon,


Ordered, That execution of the sentence of the said Court be made and done upon him, the said William Cole, on Wednesday the twenty-ninth instant, between the hours of ten of the clock in the forenoon and two in the afternoon at the usual place of execu- tion, and a warrant under the Lesser Seal directed to the Sheriff of the city and county of Philadelphia, was accordingly issued.


Upon further consideration of the petition of Anthony Cuthbert, stating his claim to divers city lots in right of Rees Price, under a patent dated the sixteenth of November, 1691, from the first pro- prietor of Pennsylvania,


Resolved, That Friday the twenty-first day of August next, be as- signed for hearing the said Anthony Cuthbert, touching his said claim, and that the Attorney General and Land officers be request- ed to attend Council at the same time.


Upon application of John Wilson, for copies of the Proclamation of Council, dated the eighth of May, 1778, by which he was at- tainted of high treason, and of the petition which he lately pre- sented to Council for a pardon,


Resolved, That the request of John Wilson be complied with, :and the Secretary be directed to furnish the said copies with a cer- tificate under the Seal of the State.


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SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, Saturday, July 25th, 1789.


PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President.


Samuel Miles, Abraham Smith,




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