Colonial records of Pennsylvania, Vol. XVI, Part 12

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


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The Comptroller and Register General's report upon the follow- ing accounts were read and approved, vizt :


Of Nicholas Brosius, Collector of Excise in the county of Berks, for excise collected from August the tenth, 1787, to August 10th, 1788, amounting to nine hundred and thirty-nine pounds eleven shillings and four pence.


Of Bartholomew Garvey, for his pay as a seven months' man in the late army of the United States, amounting to seventeen pounds ten shillings.


Of Michael Frederick, for his pay as an eighteen months' man in the said army, amounting to forty-five pounds.


Of Jacob Whitman, for the hire of his scow which was taken to carry stone to Mud Island for repairing that part of the bank of said island, which is to be kept up at the expence of the State, amounting to four pounds ten shillings.


Of William Fians, for his expences in taking home the scow, &ca., and hauling twenty-three perch of stone to the wharf, amount- ing to three pounds ten shillings and two pence.


Thereupon orders were drawn upon the Treasurer in favor of the said Jacob Whitman and William Fians, for the several sums due to them as aforesaid.


Upon consideration of the petition and recommendation in favor of Margaret Osburne for remission of the fine and punishment at hard labour, to which she was sentenced at a Court of Oyer and Terminer held at Philadelphia, on the twenty-sixth day of January last, upon being convicted of larceny,


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


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MINUTES OF THE


The Council met.


PHILADELPHIA, Thursday, August 13th, 1789. PRESENT : His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.


James Read, Abraham Smith,


Amos Gregg, Richard Willing, and


Samuel Miles,


Zebulun Potts,


Esquires.


John Cannon, L


Upon consideration of a respectable recommendation in favor of Josiah Matlack, of the township of Lower Dublin, in the county of Philadelphia, for remission of the fine of ten pounds, payable to the use of the Commonwealth, to which he was sentenced at a Court of Oyer and Terminer and General Jail Delivery, held at Philadelphia on the twentieth of July last, upon his being convic- ted of destroying a receipt for taxes paid by John Waggoner, with an intention to defraud him, the said Waggoner,


Resolved, That the said fine of ten pounds imposed upon the said Josiah Matlack, be remitted, agreeably to the prayer of his petition and the said recommendation.


A petition from Peter Shaw, of Cumberland county, who was convicted of an assault and battery at a Court of General Quarter Sessions of the Peace held for the said county, on the twenty-first of July last, and sentenced by the said Court to pay to the use of the Commonwealth a fine of seven pounds ten shillings, stating that he is unable to pay the said fine, and praying that Council would be pleased to remit the same, was received and read, to- gether with a certificate from the Prothonotary of the Court of Common Pleas of the said county, that the said Peter Shaw hath applied to the said Court for the benefit of the act for relief of in- solvent debtors; it was thereupon


Resolved, That the said fine be remitted. 1


A petition from James Mullen, of Chester county, accompanied by a recommendation in his favor, was read, and an order was taken that the fine due to the State, and the punishment at hard labor to which he was sentenced by a Court of General Quarter Sessions and Jail Delivery, held on the twenty-sixth of May last for the county aforesaid, upon being convicted of larceny, be re- mitted.


On motion,


Resolved, 'T'hat to-morrow be assigned for going into the ap- pointment of a President of the Court of General Quarter Sessions of the Peace and Jail Delivery, and Orphans' Court of the county of Philadelphia, and of the Court of General Quarter Sessions of the Peace and Jail Delivery of the county of Bucks.


SUPREME EXECUTIVE COUNCIL.


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The Council met.


PHILADELPHIA, Friday, August 14th, 1789. PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


James Read, John Cannon,


Amos Gregg,


Zebulun Potts,


Samuel Miles,


Richard Willing, and


Christopher Kucher,


Frederick Watts, (this


Abraham Smith, day returned.)


A letter from the President of the United States, dated the elev- enth instant, inclosing the following acts of Congress, vizt :


An Act to provide for the government of the territory northwest of the river Ohio.


An Act for the establishment and support of light houses, bea- cons, buoys, and public piers.


An Act to establish an Executive Department, to be denominated the Department of War; and likewise a duplicate of an act 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 letter and acts of Congress aforesaid.


Agreeably to the minute of yesterday, Council proceeded to the appointment of a President of the Court of General Quarter Ses- sions of the Peace and Jail Delivery and of the Orphans' Court in the county of Philadelphia, and also a President of the Court of General Quarter Sessions of the Peace and Jail Delivery of the county of Bucks, in the room of Edward Shippen and Henry Wyn- koop, Esquires, resigned ; when Enoch Edwards, Esquire, of the county of Philadelphia, and John Barclay, Esquire, of the county of Bucks, were unanimously elected.


The Council met.


PHILADELPHIA, Saturday, August 15th, 1789.


PRESENT :


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


Samuel Miles, Richard Willing,


James Read, .Christopher Kucher,


Abraham Smith, Zebulun Potts, and


Esquires.


John Cannon, Frederick Watts,


A memorial and representation from many respectable citizens of Philadelphia, containing a complaint against John Jones, Es-


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MINUTES OF THE


quire, Health Officer, for misconduct in his office, and praying his removal from office, was read ; and thereupon, Mr. Miles, Mr. Willing, Mr. Cannon, Mr. Smith, and Mr. Read were appointed a committee to hear the memorialists and the Health Officer relative to the said complaint, and report their proceedings to Council.


Ordered, That the Secretary be directed to furnish the said John Jones with a copy of the complaint, and to give notice to the parties that Wednesday next, in the afternoon, is appointed for a hearing upon the said complaint, in the Council Chamber, before the committee.


The Council met.


PHILADELPHIA, Monday, August 17th, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


Samuel Miles, Zebulun Potts, )


James Read, Frederick Watt, and -- Esquires.


Christopher Kucher, George Woods,


Abraham Smith,


The Council met.


PHILADELPHIA, Tuesday, August 18th, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


Samuel Miles, Zebulun Potts,


James Read, ·Frederick Watt,


Christopher Kucher, George Woods, and


Esquires.


Abraham Smith, John Cannon,


Upon consideration of the petition and recommendation of many respectable citizens of Philadelphia, for the pardon of a certain Jo- seph Lang, who was convicted at the last Mayor's Court of receiv- ing two promissory or bank notes, the property of Peter Rhea, and sentenced to pay to the use of the State a fine of fifty five pounds „one shilling and four pence, and undergo a servitude at hard labour for one year, it was


Resolved, That the said Joseph Lang be and he is hereby par- «doned.


The oath to support the Constitution of the United States was this day administered by the President to Messieurs Smith, Watt,


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SUPREME EXECUTIVE COUNCIL.


Woods, and Cannon, Members of Council, who were not present when that oath was administred to the other members.


The Council met.


PHILADELPHIA, Wednesday, August 19th, 1789. PRESENT :


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


Samuel Miles,


Frederick Watts,


James Read,


John Cannon,


Christopher Kucher, Abraham Smith,


George Woods,


Richard Willing, and


Zebulun Potts,


Nathan Dennison, (now returned.)


A petition from Jacob Bowers, of Huntingdon county, accompa- nied by a recommendation from several of the Justices of the Peace of the said county in his behalf, for remission of the fine of ten pounds which was imposed upou him by the Court of Quarter Ses- sions, upon being convicted of fornication and bastardy, was read the second time; and thereupon, an order was taken that the said fine be remitted.


The Council met.


PHILADELPHIA, Thursday, August 20th, 1789. ' PRESENT :


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


Samuel Miles, John Cannon,


James P.ead, George Woods,


Christopher Kucher, Richard Willing, Esquires. Abraham Smith, Nathan Dennison, and


Frederick Watts, Amos Gregg,


Mr. Bennett Ballew, with two Chiefs of the Cherokee Nation, waited on Council, and informed them that they were on their way to New York, as Deputies from their Nation to negotiate some business with the Congress of the United States, and that they were in want of a small sum of money, to enable them to proceed on their journey.


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136


MINUTES OF THE


Resolved, That the Secretary be instructed to advance to Mr. Ballew the sum of twenty dollars, and to discharge their bill of ex- pences at Mr. Thompson's, where they arrived yesterday.


The Comptroller General and Register General's reports upon the account of William Harvey, Collector of Excise for the county of Bucks, for Excise collected from the twenty-eighth of September, 1786, till the twenty-eighth of March, 1789, amounting to one thousand one hundred and one pounds eight shillings and nine pence, was read and approved.


On motion of Mr. Woods,


Resolved, That the Vice President, Mr. Willing and Mr. Smith be appointed a cominittee to enquire into the truth of the allega- tions contained in the Comptroller General's letter, of the sixth of May last, with respect to his receipt of compensation for his servi- ces as Lieutenant of Bedford county.


Upon the second aeading of the petition of John Whitehill, Es- quire, for the postponement of the sale of the estate of James' Ar- mor, late Collector of taxes in Lancaster county, for satisfaction of a debt from him to the Commonwealth,


Resolved, .That Council cannot comply with the prayer of the said petition.


The Council met.


PHILADELPHIA, Friday, August 21st, 1789.


PRESENT :


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


Samel Miles, George Woods,


James Read, John Cannon,


Christopher Kucher, Richard Willing,


Abraham Smith, Nathan Dennison, and Esquires.


Zebulun Potts,


Amos Gregg,


Frederick Watts,


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


In favor of Christian Beackley, for the sum of six pounds seven- teen shillings and six pence, payable out of the monies arising from militia fines in the city and county of Philadelphia, being the amount of his account for repairs done to a gun carriage belonging to the company of Artillery, commanded by Captain Jeremiah Fisher, in pursuance of an order of Council dated June the twenty-fourth last.


In favor of Edmund Milne, for six pounds fourteen shillings and eleven pence, amount of his account against the Commonwealth for the expences of surveying and dividing the estate which became forfeited by John Robeson's attainder of high treason, situate late in Philadelphia, now Montgomery county.


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137


SUPREME EXECUTIVE COUNCIL.


On motion of Mr. Woods, leave was given to James Burnside to withdraw a petition which he presented to Council in December, 1786, for an appointment as Commissioner of public accounts.


The petition of Samuel Shannon, convicted in June last of lar- ceny, in the county of Philadelphia, was read and the same dis- missed.


The Comptroller and Register General's reports upon the ac- count of John Lukens, Esquire, Surveyor General, for fees received in his office from the first of February to the thirtieth of April, 1789, was read and approved, except as to the charge for office rent.


The Council met.


PHILADELPHIA, Saturday, August 22nd, 1789. PRESENT : His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.


Samuel Miles, George Woods,


James Read, John Cannon,


Christopher Kucher, Richard Willing,


Abraham Smith,


Nathan Dennison, and


Esquires.


Zebulun Potts,


Amos Gregg,


Frederick Watt,


The oath to support the Constitution of the United States was this day administered by the President to Mr. Dennison, member of Council, who was not present when that oath was administered to the other members.


The Council met.


PHILADELPHIA, Monday, August 24th, 1789.


PRESENT : His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


Samuel Miles, Nathan Dennison, John Cannon,


James Read,


Christopher Kucher, Amos Gregg,


Zebulun Potts, John Smilie,


Esquires.


Frederick Watt, Jobn Baird, and


George Woods, Abraham Smith,


Richard Willing,


Upon the second reading of the petition of Stephen Paboul, Resolved, That the moiety, or half part of the forfeiture of a quantity of liquors which belongs to the Commonwealth, late the


138


MINUTES OF THE


property of the petitioner, be remitted, the Excise officer having represented that in his opinion the forfeiture was incurred through misinformation.


The President, at the request of the Speaker of the General Assembly, attended in the Chamber of the Assembly, and admin- istered to the Speaker the oath to the Government of the United States, the House being in session.


General Broadhead and Colonel Piper, a committee from the General Assembly attended in Council, and informed the Board that the House was now met and ready to receive any business which Council might have to lay before . The committee were informed that Council would lay some business before them to- morrow.


The Council met.


PHILADELPHIA, Tuesday, August 25th, 1789. PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


Samuel Miles, Richard Willing,


James Read,


Nathan Dennison,


Christopher Kucher, Amos Gregg,


Zebulun Potts,


John Smilie,


Esquires.


Frederick Watt, John Baird, and


George Woods, John Cannon,


Abraham Smith,


An order was drawn upon the Treasurer in favor of the Hon- orable James Read, Esquire, for thirty-one pounds ten shillings in full, for his attendance in Covncil from the fourteenth day of July until the twenty-fifth of August, 1789, the last day included.


William George Wilson, Esquire, was appointed and commis- sionated a Justice of the Peace and of the Court of Common Pleas, in and for the county of Fayette, upon a return made according to law from the district of Springhill, in the said county.


On application of Miles Mervin, leave was given him to with- draw a petition which he presented to Council, praying to be re- commended to the General Assembly as a proper person to metho- dize the laws of the State for publication.


James Morris, Esquire, President of the several Courts in Mont- gomery county, appeared in Council and took the oath to support the Constitution of the United States required by act of Congress of the first of June last, which was administered to him by the President.


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SUPREME EXECUTIVE COUNCIL.


A draft of a message to the General Assembly was prepared and laid before the Board, which being read, was agreed to as follows, vizt :


A message from the President and Supreme Executive Council to the General Assembly.


GENTLEMEN :- We herewith transmit letters from His Excel- lency the President of the United States, of the eighth of June, ninth, twenty-third and thirtieth of July, and of the fourth, tenth and eleventh of August, 1789, with their enclosures, vizt :


Ist. An Act to regulate the time and manner of administering certain , passed the first day of June,


2nd. An Act for laying a duty on certain goods, wares and mer- chandizes imported into the United States, passed the fourth of July.


3rd. An Act imposing duties on tonnage, passed the twentieth of July.


4th. An Act for establishing an Executive department, to be denominated the department of Foreign Affairs, passed the twenty- seventh of July.


5. An Act 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, passed the thirty- first day of July.


6. An Act for settling the accounts between the United States and individual States, passed the fifth of August.


7th. An Act to provide for the government of the Territory north-west of the river Ohio, passed the seventh of August.


8th. An Act for the establishing and support of light houses, beacons, buoys and public piers, passed the seventh of August ; and


9th. An Act to establish an Executive department, to be de- nominated the department of war, passed the seventh of August.


We likewise transmit a letter from His Excellency Governor Clinton, of the fifth of May last, with a resolution of the Senate and Assembly of New York of the fifth of February, on the sub- joct of amendments to the Constitution of the United States.


The purchase of the Lake Erie tract of country from the Indians hath necessarily exceeded the estimate of Council, and the sums ap- propriated by Act of Assembly. That excess has arisen principally from the length of time the Commissioners were obliged to wait for the Indians. We recommend to the General Assembly to provide by law for the payment of the money which remains due on that purchase, and for the expence of one hundred and thirteen pounds and six pence, incurred by Council in receiving his Excellency the President of the United States in this city, on the seventeenth day of April next.


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MINUTES OF THE


The accounts of the purchase of the Lake Erie tract, and of the expence of receiving His Excellency the President of the United States, accompany this message.


Council have not had it in their power to procure a lot proper for a powder magazine out of the city limits, as the resolve of As- sembly directs. Several city lots near the River Schuylkill, and sufficiently remote from the buildings of the town may be purchased at reasonable prices.


The principal part of the money intended to have been raised by Lottery, and directed by Act of Assembly to be applied to the re- pairing of that part of the Lancaster road called Jones's lane, and towards improving the navigation of the River Schuylkill, hath been reported to Council by the managers to be outstanding. By the Act of the fifteenth day of March, 1784, the managers were instructed to lay before the Comptroller General from time to time when there- unto required, a true state of the Lottery, and when the drawing of the same should be completed, and the prizes and incidental charges paid to render their accounts to the Committee of Accounts of As- sembly for final settlement. A general statement of the product .of the Lottery and of the money which remains to be collected is sent herewith.


Annuities to the widows and children of deceased officers of the Army, Flying Camp, State Regiments and State Navy, have here- tofore been paid by virtue of the Act of Assembly dated the first day of March, 1780, out of any monies in the hands of County Treasurers, upon orders drawn by the Orphans' Courts of the re- spectives counties. But all public monies being by subsequent acts appropriated to other purposes, there remains no provision for the payment of those annuities which amount to eighteen hundred and fifty pounds.


The expence of repairing the banks of Mud island since the first day of March last, according to the Comptroller General's report to Council, hath been four hundred and fifty-seven pounds ten shil- lings.


The exportation of Pot Ashes from the port of Philadelphia merits the attention of the General Assembly. We are of opinion the pot and pearl ashes should be made subject by law to inspection.


The Act of Assembly intituled An Act for allowing a further time to distribute the donation lands promised to the troops of this Commonwealth, will expire on the thirteenth day of September next.


We lay before the General Assembly a copy of the instructions of Council to the Comptroller General, relative to the exchange of certificates.


A representation from the Wardens of the port of Philadelphia, and a letter from John Dunlap, the purchaser of certain public lots in Southwark, whose case we recommend to the Legislature.


THOMAS MIFFLIN, Pres't.


Council Chamber, Philad'a, August 25th, 1789.


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SUPREME EXECUTIVE COUNCIL.


Ordered, That the Secretary present the same to the General As- sembly, together with the several papers therein mentioned.


The Council met.


PHILADELPHIA, Wednesday, August 26th, 1789. '


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


Samuel Miles,


George Woods,


James Read,


Nathan Dennison,


Christopher Kucher,


John Baird,


Amos Gregg,


John Smilie,


Esquires.


Abraham Smith,


Richard Willing, &


John Cannon, Frederick Watt,


A transcript of the record of the conviction of Francis Wilson, Thomas Wilson and Wiliam Elder, of the county of York, for an assault and battery upon a certain William Jordan, was laid before the Board and read, by which it appears that they have been sen- tenced by the Court of General Quarter Sessions of the Peace and Jail Delivery of the said county, to pay to the use of the Common- wealth the following' fines, vizt : Francis Wilson, twenty two pounds ten shillings; Thomas Wilson, nine pounds, and William Elder, seven pounds ten shillings.


Council taking into consideration the said record, and also a re- commendation from some of thé members of Assembly for the coun- ty of York, and from a number of respectable inhabitants of said county in their behalf for remission of the fines aforesaid.


Resolved, That the said several fines be and the same are here- by remitted.


A letter from the President of the United States of the twenty- fourth of this month, inclosing an Act of Congress passed the twentieth, intituled " An Act providing for the expences which may attend negociations or treaties with the Indian Tribes, and the appointment of Commissioners for managing the same," was received and read, and the same transmitted to the General Assembly.


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MINUTES OF THE


The Council met.


PHILADELPHIA, Thursday, August 27th, 1789.


PRESENT :


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


James Read, George Woods,


Amos Gregg, John Cannon,


Christopher Kucher,


Nathan Dennison,


Frederick Watt,


John Baird, and


Esquires.


Abraham Smith,


John Smilie,


Richard Willing,


A letter was written by the President of this Board to the Pre- sident of the United States, acknowledging the receipt of his letter of the twenty-fourth instant, inclosing an act of Congress of the twentieth, intituled "An Act providing for the expences which may attend negociations or treaties with the Indians tribes, and the ap- pointment of commissioners for managing the same."


Council being informed that a number of persons were attending agreeably to notice giving, in order to be heard upon a complaint made to the Board on the eighth instant, of irregular proceedings at an election of Justices of the Peace in Northampton and South- ampton townships, in Bucks county,


Resolved, That Mr. Watt, Mr. Baird, Mr. Cannon, Mr. Smith, and Mr. Smilie, be a committee to hear the parties, and that the said committee report their proceedings to Council.


On motion,


Resolved, That Wednesday next be appointed for the considera- tion of the report of the committee appointed to investigate the complaint against John Jones, Esquire, health officer.


On motion,


Resolved, That the Vice President, Mr. Smith, and Mr. Woods, be a committee to confer with a committee of the General Assem- bly, on the subject of annuities to the widows .and children of de- ceased officers,


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SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, Friday, August 28th, 1789. PRESENT : His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


Samuel Miles,


Richard Willing,


James Read, John Cannon,


Amos Gregg,


Nathan Dennison,


Christopher Kucher,


John Baird,


Esquires.


Frederick Watt,


Abraham Smith, and John Smilie,


George Woods,


1 Abraham Smith,


A notification from Henry Weisner, of Newtown, in Bucks county, to the President, that a certain person named John Meto- tonica died intestate, leaving no issue or relations, and that it is supposed his property escheats to the Commonwealth, was received, and thereupon, an order was taken that the same be referred to the Escheater General.


A petition from a number of inhabitants of Bedford county, late militia men in actual service, complaining of certain exactions of the late Lieutenant of that county, George Woods, Esquire, was received and read and referred to the Vice President, Mr. Smith, and Mr. Willing, the committee appointed the twentieth instant, upon the letter from the Comptroller General relative to the con- duct of Mr. Woods.




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