USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XVI > Part 11
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Richard Willing, Zebulun Potts, and
James Read, Amos Gregg, 1 Esquires.
Christopher Kucher,
Upon consideration of the petition and respectable recommenda- tion from a number of the inhabitants of the bourough of Carlisle, and from Mr. Justice Weiss, of this city, for the pardon of a cer- tain Richard Crane, who was convicted at the last Mayor's Court of receiving stolen goods, knowing them to be such, and sentenced to pay to the use of the Commonwealth a fine of four pounds ten shil- lings, and to undergo a servitude at hard labour for the term of six months, &ca.,
Resolved, That the said Richard Crane be and he is hereby par- doned.
The Council met.
PHILADELPHIA, Monday, July 27th, 1789.
PRESENT :
The Honorable GEORGE ROSS, Esquire, Vice President.
Samuel Miles, Abraham Smith,
James Read, Richard Willing, and
Amos Gregg, Zebulun Potts,
Esquires.
Christopher Kucher,
A letter from the President of the United States to His Excel- lency the President of this State, inclosing an Act of Congress passed the twentieth day of this month, imposing a duty upon ton- nage, and requesting that the receipt of the several Acts of Con-' gress may be acknowledged by the President of this State, was re- ceived and read.
A letter from Thomas Fitzsimmons, Esquire, one of the Dele- gates from this State in Congress, addressed to the President of this State, on the subject of certain certificates of this State now in the Treasury of the United States, was also received and read,
On motion,
Resolved, That on Wednesday next Council will go into the ap- pointment of a Prothonotary of the Court of Common Pleas, Clerk
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-
of the Court of General Quarter Sessions of the Peace and Jail Delivery, and of the Orphans' Court for the county of Northum- berland, the said offices having become vacant by the death of Lawrence Keene, Esquire.
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Council Chamber.
PHILADELPHIA, Tuesday, July 28th, 1789.
PRESENT :
The Honorable GEORGE ROSS, Esquire, Vice President.
Samuel Miles, Abraham Smith,
Richard Willing,
Zebulun Potts, and
Esquires.
James Read,
Amos Gregg,
Christopher Kucher,
-
The Council met.
PHILADELPHIA, Wednesday, July 29th, 1789.
PRESENT :
The Honorable GEORGE ROSS, Esquire, Vice President.
Samuel Miles, Zebulun Potts,
James Read, · Amos Gregg, and
Christopher Kucher, Richard Willing,
Esquires.
Abraham Smith,
Agreeably to the order of the day, Council proceeded to the ap- pointment of a Prothonotary of the Court of Common Pleas, Clerk of the Court of General Quarter Sessions of the Peace and Jail Delivery, and Clerk of the Orphans' Court for the county of North- umberland, in the room Lawrence Keene, Esquire, lately deceased, and the ballots being taken for the several candidates, it appeared that Jasper Ewing was duly elected to the said several offices, and he was commissionated accordingly.
On motion,
Resolved, That the said Jasper Ewing be appointed and com- missionated a Justice of the Court of Common Pleas in and for the county of Northumberland, and that a dedimus potestatem be now issued, directed to Jaspar Ewing, Prothonotary, and John Simpson, the Recorder and Register of the said county.
Upon the second reading of the petition of Arthur French and Thomas McCarty, the former convicted of a cheat and the latter of a nuisance, in keeping a disorderly house, at the last Mayor's
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Court, praying remission of the punishment to which they have been severally sentenced for the said offences,
Resolved, That the said petitions be dismissed.
Upon the second reading of the petition of Crousillat and Oliver, of the city of Philadelphia, merchants, stating, that having im- ported into this State, from Europe, a quantity of goods, and paid the duty thereon, they shipped the same to St. Domingo, but not being landed there, were brought back to Philadelphia in the same vessel; therefore praying Council to remit the duties charged upon the second importation of the said goods,
Resolved, That Council cannot grant the relief prayed for, and , that the petitioners have leave to withdraw their petitions.
A note from the Trustees and Faculty of the University, to his Excellency the President and Council, requesting the favor of their company to join in procession with the Trustees and Faculty, on the thirtieth and thirty-first instant from the Philosophical Hall to the German church in Race street, to attend the commencement, was received and read, and it was agreed to attend the said proces- sion.
Upon consideration of the petition and recommendation in favor of Ezekiel Bayona, confined in the jail of this city, for remission of a fine of twenty shillings, to which he was sentenced by the May- or's Court, for an assault and battery upon certain Grace Oberman,
Resolved, That the fine aforesaid be remitted.
The petition of George Benedict, praying Council to grant him some relief, in consideration of his being wounded while doing duty as a gunner in Colonel Hanna's battalion of Dauphine county mi- litia, was read, and thereupon,
Resolved, That Council cannot grant any relief in this case, and that the petitioner have leave to withdraw his petition.
Agreeably to the Comptroller's and Register General's reports, the following orders were drawn upon the Treasurer, vizt:
In favor of William Fians, for forty-three pounds five shillings and ten pence, being the ballance due to him upon his account 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, amount- ing to one hundred and twenty-seven pounds, settled the twenty- first instant.
In favor of Philip Cline, for thirteen days' mason work at the aforesaid bank, amounting to six pounds eight shillings and three pence, settled the twenty-fifth instant.
In favor of Messieurs Brown and Shortall, lumber merchants, for three pounds one shilling and ten pence, amount of their ac- count for one thousand feet of rough sap pine boards, sent to Mud Island, and used by the men employed in repairing the aforesaid bank, to walk on out into the mud, settled by the Comptroller Gen- eral the same day.
In favor of Thomas Hall, for six pounds nine shillings and nine pence, in full for thirteen days and a half of work as a mason at
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the aforesaid bank, settled by the Comptroller General the same day.
In favor of John Morrell, for eight pounds two shillings and six pence, amount of his account for gunpowder furnished to the battalion of artillery, under an order of Council dated June the twenty-ninth, 1787, and used upon the anniversary of indepen- dance; this account settled February the twenty-sixth, 1789.
In favor of James Hockley, John Jones, Joseph Paul, David Thomas. John Brooke, Jacob Light, Abraham Lincoln, Mordecai Millard, George Gardner, John Mairs, Charles Shoemaker, Henry Holler, Frederick Klecknor, Samuel Baird, Lindsey Coates, An- thony Levering, Robert Currey, John Spohn, John Bishop, George Miller, and Matthias Pennebacker, for the sum of eighty-six pounds seven shillings, being the amount of their several accounts for their several expences as commissioners appointed by act of the General Assembly passed the fifteenth of March, 1784, intituled A supplement to an act entitled An Act for making the river Schuylkill navigable, and for the preservation of the fish in the said river, &ca., and to two supplements to the same act.
On motion,
Resolved, That Tuesday next be assigned for taking into consi- deration the act of Assembly passed the third day of March, 1788, intituled "A supplement to an act entituled An Act for raising by way of lottery the sum of forty-two thousand dollars, for im- proving the public roads leading from the city of Philadelphia to the western parts of this State, and towards the improving the navi- gation of the river Schuylkill," which appropriates one moiety of the neat proceeds of the said lottery for repairing that part of the Lancaster road called Jones' lane, and also for the consideration of the act of Assembly to which the said act is a supplement.
An order was drawn upon the Treasurer in favor of the Honor- able Richard Willing, Esquire, for sixty-six pounds, being in full of his account for attendance in Council from the twenty-first day of March untill the twenty-eighth of July, 1789, deducting thirty- two days for absence.
The Council met.
PHILADELPHIA, Thursday, July 30th, 1789.
PRESENT :
The Honorable GEORGE ROSS, Esquire, Vice President.
Samuel Miles, Abraham Smith,
James Read, Amos Gregg, and Esquires. Christopher Kucher, Zebulun Potts,
Jasper Ewing, Esquire, (who was yesterday elected Prothonotary of the county of Northumberland, ) attending Council, and offered the Reverend Doctor Smith and Edward Burd, Esquires, as sure-
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SUPREME EXECUTIVE COUNCIL.
ties for his faithfull discharge of the duties of the said office ac- cording to law ; whereupon, it was
Resolved, To accept the said sureties.
The Council met.
PHILADELPHIA, Friday, July 31st, 1789.
PRESENT :
The Honorable GEORGE ROSS, Esquire, Vice President.
Samuel Miles, Abraham Smith,
James Read, Amos Gregg, and
Christopher Kucher, Zebulun Potts, } Esquires.
Samuel Powell, Esquire, Mayor of the city of Philadelphia, ap- peared in Council and took the oath required by the act of Con- gress of the first day of June, 1789.
A letter from the Commissioners of the county of Lancaster, in answer to the circular letter from Council of the second of July, instant, urging the immediate collection of the taxes, was received and read.
A letter from the Prothonotary of Huntington county, inclosing a list of tavern keepers required by a letter from Council, dated June the twenty-third last, was received and read.
Council Chamber.
PHILADELPHIA, Saturday, August 1st, 1789.
PRESENT :
Amos Gregg, Zebulun Potts,
Abraham Smith, Samuel Miles, and } Esquires. Christopher Kucher, and James Read,
The Council met.
PHILADELPHIA, Monday, August 3rd.
PRESENT :
The Honorable GEORGE ROSS, Esquire, Vice President. Samuel Miles, Christopher Kucher, and
James Read,
Amos Gregg,
Esquires.
A letter from His Excellency the President of the United States, inclosing " An Act of Congress for establishing an Executive de-
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MINUTES OF THE
partment, to be denominated the department of Foreign Affairs," passed the twenty-seventh of last month, was received and read.
Two certificates from the Honorable the Judges of the Supreme Court, were laid before Council and read ; and thereupon,
Two orders were drawn upon the Treasurer in favor of Edward Burd, Esquire, the one for eleven pounds five shillings and eight pence, being the expences of the Judges of the Supreme Court, the Prothonotary of the same Court, and their servants, &ca., on the last spring circuit, in the months of May and June, 1789.
And the other for six pounds ten shillings, for the expences of the Honorable Judge Atlee, on his way from his residence on the Susquehanna, to a Supreme Court held at Philadelphia for the State of Pennsylvania, at July term, 1789, and a Court of Oyer and Terminer and General Delivery held for the city and county of Philadelphia in the same month, and on his return home. · Colonel Miles was appointed a member of the Board of Property for the present month.
A petition and representation from a number of inhabitants of Washington county, complaing that Thomas Stokely, the Register and Recorder of that county, has been absent for upwards of six month from the county, and praying Council to appoint some per- son in his room to hold and exercise those offices until the General Assembly of the State shall meet, was received and read.
The Council met.
PHILADELPHIA, Tuesday, August 4, 1789.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, Abraham Smith,
James Read, Amos Gregg, and Esquires.
Christopher Kucher, Zebulun Potts,
An order was drawn upon the Treasurer in favor of Frederick Sneider, for the sum of fifteen pounds ten shillings, in full for his wages as Doorkeeper in the month of July, 1789.
On motion,
Resolved, That the Vice President, Mr. Miles, Mr. Smith and Mr. Kucher, be a committee to consider of and report to Council, a plan for repairing that part of the Lancaster road, called Jones's Lane
Colonel Delaney appeared in Council, and laid before the Board a written application for the instructions of Council, relative to the State duty upon goods imported at this time, previous to the ap- pointment of officers by Congress, &ca,;
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SUPREME EXECUTIVE COUNCIL.
Ordered, That the same be referred to Colonel Miles, Colonel Smith and Mr. Read, with an instruction to consult the Judges of the Supreme Court and the Attorney General thereon, and to re- port to Council thereon.
The Council met.
PHILADELPHIA, Wednesday, August 5th, 1789.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Christopher Kucher, Richard Willing, 2 Samuel Miles, Zebulun Potts, and James Read,
Amos Gregg,
Esquires.
Abraham Smith,
An order was drawn upon the Treasurer in favor of His Excel- lency Thomas Mifflin, Esquire, for three hundred and seventy-five pounds, being one quarter's salary due to him as President of the State, on the fifth of this month.
Upon consideration of the report of the committee to whom was referred the application of David Linton for the reward for appre- hending and securing a certain George Sinclaire, who was attainted by outlawry,
Resolved, That the said David Linton is justly entitled to the reward of fifty pounds, according to act of Assembly passed the fourth of October, 1788; and that the Honorable the Vice Presi- dent, in whose favor an order was drawn upon the Treasurer for that sum, dated on the same day, be and he is hereby authorized to transfer or pay the same to the said David Linton.
Council taking into consideration the recommendation from the gentlemen of the bar in Reading in favor of James Diemer, Esquire, for an appointment to the offices of President of the Court of Common Pleas, of the Court of General Quarter Sessions of the Peace and Jail Delivery, and of the Orphans' Court of the county of Berks,
Resolved, That the said James Diemer, Esquire, be appointed President of the said several courts in and for the said county, in the room of Henry Spicker, lately deceased.
Agreeably to the Comptroller General's report and an act of Assembly dated the twentieth day of March, 1780, an order was · drawn upon the Treasurer in favor of the guardians of the children of Captain Jacob Hetherling, for the sum of seven hundred and four dollars, being the amount of pension decreed to them by the Orphans' Court of Chester county, from the eighteenth of April, 1786, until March the twenty-fifth, 1789.
·
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A letter was written by the President of this Board to the Presi- dent of the United States, acknowledging the receipt of his several letters of the eighth of June, and ninth, twenty-third and thirteenth of July last, inclosing the acts of Congress undermentioned, vizt :
An Act to regulate the time and manner of administering cer- tain oaths.
An Act for laying a duty on goods, wares and merchandize, im- ported into the United States.
An Act for imposing duties on tonnage, and
An Act for establishing an executive department, to be denomin- ated the Department of Foreign Affairs. All which are to be trans- mitted to the General Assembly at their next meeting.
The Council met.
PHILADELPHIA, Thursday, August 6th, 1789.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, Abraham Smith, 7
Christopher Kucher, Amos Gregg, and & Esquires.
Zebulun Potts, James Read,
On motion,
Resolved, That the Vice President, Samuel Miles, Amos Gregg and Abraham Smith, be appointed a committee to consider of and report to Council the several propositions which they may judge necessary to be enserted in the message to the General Assembly at their ensuing session.
Noah Murray, Esquire, was appointed and commissionated a Justice of the Peace for the second district, and Christopher Hurlbut, Esquire, a Justice of the Peace for the first district, in . the county of Luzerne, upon returns made according to law for the said districts.
Christopher Hurlbut, Esquire, was also appointed aad commis- sionated a Justice of the Court of Common Pleas in and for the said county of Luzerne.
Agreeable to the Comptroller and Register General's report, an order was drawn upon the Treasurer in favor of Melchior Steiner, for the sum of fifteen shillings, for inserting in the German news- paper an advertisement containing information to the children of John Ludwig Shuman, that an estate in Germany is descended to them by the death of their grandfather.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Friday, August 7th, 1789.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.
Amos Gregg, Abraham Smith, r
Samuel Miles, Zebulun Potts, James Read, Christopher Kucher, and Esquires.
Agreeably to the Comptroller and Register General's report, an order was drawn upon the Treasurer in favor of Charles Biddle, Esquire, for nineteen pounds five shillings and five pence, being a ballance due to him upon his account of the expences of several watch houses, lamps, &ca., placed in the State House yard and at the State Treasury, and for wages paid to the watchmen employed in guarding the public offices in the State House and the public Treasury.
A letter from the President of the United States, inclosing an act of Congress passed the thirty-first of July last, to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares and merchandizes imported into the United States, was received and read ; and a letter was written by the President of this Board to the President of the United States, acknowledging the receipt of the said letter and an act of Congress.
The committee to whom was referred the letter from Thomas Fitzimmons, Esquire, relative to an exchange of certain certifi- cates belonging to this State, now in the Treasury of the United State, reported verbally that in their opinion it is not necessary that any steps should be taken thereon by Council.
The Council met.
PHILADELPHIA, Saturday, August 8th, 1789. PRESENT : His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.
James Read, Christopher Kucher, and Esquires.
Samuel Miles, Abraham Smith, 1 Amos Gregg, Zebulun Potts,
The committee to whom was referred the questions proposed to Council by Colonel Delaney, relative to his duty as State Collector of Imposts, reported verbally, that they had consulted the Judges of the Supreme Court and the Attorney General thereon, agreeably
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to the minute of Council of the fourth instant, and that the said Judges and the Attorney General had furnished them with an opinion in writing, which was now presented to Council in the fol- lowing words, to wit :
Questions proposed by his Excellency the President, and the Honorable the Supreme Executive Council, to the Judges of the Supreme Court and the Attorney General of Pennsylvania.
First. Whether the whole or any, or what parts of the acts of the State for raising a revenue by imposts or duties on goods, wares and merchandize, imported into the said State, are repealed or ceased to have a legal operation by the act of Congress entituled an act for laying a duty on goods, wares and merchandize imported into the United States.
Second. Whether the merchants or persons who have imported goods, wares and merchandize into the said State, and duly entered the same during the operation of the State impost laws, can now be allowed the drawback or return of the duties by them paid, or secured to be paid, upon their exporting the same out of the said State, agreeably to the provisions made by the said acts of Assem- bly.
In answer to the first question, we conceive that all the acts and parts of acts of Assembly of the State of Pennsylvania, so far as they authorize or require imposts or duties to be paid to the use of said the Commonwealth, upon goods, wares and merchandizes im- ported within the said State, have ceased to have any legal opera- tion or binding force.
To the second question, as the authority and powers of the Col- lector and Naval Officer of the State of Pennsylvania, have ceased with respect to any future act to be done by them, as such it ap- pears to us, that no drawback or return of the duties paid, or secured to be paid, can be made to the merchants or persons who may propose to export the goods, &ca , agreeably to the provisions made by the said acts of Assembly without the aid of the Legisla- ture.
THOMAS M'KEAN, GEORGE BRYAN, JACOB RUSH, WILLIAM BRADFORD, Jun'r.
Philadelphia, August 4th, 1789.
And the same being considered,
Resolved, That Council concur with the Judges and Attorney General in the said opinion, and thereupon, an order was taken that a copy of the said opinion be transmitted to Sharp Delany, Esquire, together with the following letter, vizt :
In Council, Philadelphia, Saturday, August 8th, 1789.
SIR :- The questions proposed by you on Tuesday last to Coun- cil, relative to your duty as State Collector for the Port of Phila-
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SUPREME EXECUTIVE COUNCIL.
delphia, were immediately submitted to the Judges and Attorney General for their opinions, which they have accordingly given in writing, and which I have the honor of inclosing to you as coin- cident with the opinion of Council on the subject.
With great respect and esteem I am, Sir, your most obedient and humble servant,
THOMAS MIFFLIN.
To Sharp Delany, Esquire.
A petition from a number of inhabitants of the district of the townships of Northampton and Southampton, in the county of Bucks, containing a complaint of irregular proceedings at the last election of Justices of the Peace in the said district, and praying to be heard in support of the said petition, was read, and it was there- upon,
Resolved, That Thursday the twenty-seventh day of the present month, be appointed for hearing the petitioners, and all others concerned touching the said complaint, and that the petitioners and the officers of the said election have notice to attend Council on that day.
Ordered, That Supcenas issue for such persons within the said district, as shall be thought proper by the member of the county to be summoned.
Council Chamber.
PHILADELPHIA, Monday, August 10th.
PRESENT :
The Honorable GEORGE ROSS, Esquire, Vice President.
James Read, . Abraham Smith, and )
Christopher Kucher, Amos Gregg, Esquires.
1 Samuel Miles,
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VOL. XVI .- 9.
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The Council met.
PHILADELPHIA, Tuesday, August 11th, 1789.
PRESENT : bas
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross Esquire, Vice President.
Samuel Miles, John Cannon, (now first returned,)
Christopher Kucher, Abraham Smith,
James Read,
Amos Gregg, Zebulun Potts, and
Esquires.
Richard Willing,
The Comptroller General and Register General's reports, upon the following accounts, were read and approved, vizt :
Of Cornelius Vincent, for provisions supplied the militia and others, in 1778 and 1779, at Fort Freeland in Northumberland county, before the capture and reduction thereof, amounting to twenty pounds thirteen shillings.
Of Collinson Read, Esquire, of Berks county, for a horse fur- nished by Thomas Youngman, in the year 1776, for public service, which horse was afterward taken by the enemy, and the sum of twenty five pounds was paid by Collinson Read to the said Thomas Youngman, being the value of the said horse.
An order was drawn upon the Treasurer in favor of the Honorable Christopher Kucher, Esquire, for thirty-one pounds ten shillings, in full for his attendance in Council from the first day of July untill the eleventh day of August, 1789, inclusively.
Agreeably to order, the Attorney General in behalf of the State, and Miers Fisher, Esquire, as Attorney to Christianna Gulielma Gaskill, atttended in Council, and were severally heard, touching the prayer of the petition of the said Christiana, that the Attorney General be directed to receive a declaration in ejectment on her demise to try her title to three equal fourth's parts of divers lots of ground containing in breadth north and south, one hundred and two feet, and extending across the intervening streets of the city, from Delaware fourth street to the river Schuylkill.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Wednesday, August 12th, 1789.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
James Read, Abraham Smith,
Samuel Miles, John Cannon,
Amos Gregg,
Zebulun Potts, and Esquires.
Christopher Kucher, Richard Willing,
A letter from the President of the United States, dated the tenth instant, inclosing an act of Congress passed the fifth instant, for settling the accounts between the United States and individual States, was received and read, and a letter was written by the Pre- sident of this Board to the President of the United States, acknow- ledging the receipt of the said letter and act of Congress.
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