USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XVI > Part 14
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PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, George Woods,
James Read, John Cannon,
Amos Gregg,
Samuel Edie,
Esquires.
Abraham Smith,
Nathan Dennison,
Richard Willing,
· John Smilie, John Baird, Frederick Watt,
Robert Lollar, Esquire, was commissionated Register of the Pro- bate of Wills and granting Letters of Administration and Recorder of Deeds, for the county of Montgomery, agreeably to an appoint- ment of him to those offices by the General Assembly, on the ninth instant, a certificate of which appointment was this day laid before Council.
. The petition of Gobliep Ebert stating that he became bound in a recognizance, for the appearance of a certain Jane Hamilton (alias Jane Cooper,) at the Court of General Quarter Sessions of the Peace of the county of Franklin, to answer to an indictment for larceny, that the said Jane Hamilton afterwards absconded, and the said recognizance became forfeited, and praying that Council in conside- ration of his poverty would be pleased to remit the same, was read, together with a recommendation accompanying the said petition, thereupon,
Resolved, That the said forfeiture amounting to twenty-five pounds, be and the same is hereby remitted.
The Council met.
PHILADELPHIA, Saturday, Sep'r 12th, 1789. .
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles,
· George Woods, John Cannon,
Amos Gregg,
James Read, Samuel Edie,
Abraham Smith, Nathan Dennison,
John Smilie, Richard Willing,
John Baird, Frederick Watt,
The Comptroller and Register General reports upon the follow- ing accounts, were read and approved, vizt :
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SUPREME EXECUTIVE COUNCIL.
Of William Nichols, Esquire, Clerk of the late City Court, for monies received for tavern licences, from the tenth of August, 1788, untill the tenth of August, 1789, inclusively, amounting to seven hundred and ninety-four pounds eight shillings and three pence.
Of John Miller, Esquire, late Sheriff of the county of Lancaster, for Court fines and forfeited recognizances received by him between the first Tuesday in November, 1785, and first Tuesday in August, 1788, amounting to one hundred and forty pounds five shillings.
Of Francis Johnston, Esquire, Receiver General of the Land Office, for fees received in his office in the months of February, March and April, 1789, amounting to five hundred and ninety-six pounds thirteen shillings and three pence.
Upon the petition and recommendation from the Justices of the Court of General Quarter Sessions of the Peace and Jail Delivery of the county of Huntingdon ; and also, from the jury and Sheriff of the said county, for the pardon of a certain Elizabeth Baker, a girl of fifteen year of age, who was convicted at said Court of lar- ceny, and sentenced to a fine of two shillings and six pence, paya- ble to the Commonwealth, and to undergo a servitude of three months hard labour,
Resolved, That the said Elizabeth Baker be pardoned in con- sideration of her youth.
The Council met.
PHILADELPHIA, Monday, September 14th, 1789.
PRESENT :
The Honorable GEORGE ROSS, Esquire, Vice President.
Samuel Miles, John Cannon,
James Read, Samuel Edie,
Abraham Smith, Amos Gregg,
Esquires.
John Smilie, Frederick Watt,
Richard Willing, Nathan Dennison, and
John Baird, George Woods,
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable Amos Gregg, Esquire, for fifty-five pounds ten shillings, amount of his account for attendance in Council from the first day of July untill the fourteenth of Sep- tember, 1789, deducting two days' absence.
And in favor of the Honorable Nathan Dennison, Esquire, for twenty-nine pounds in full, for his attendance in Council two days in April last, and from the nineteenth of August untill the fifteenth of September, 1789, inclusively, and for his mileage coming to Philadelphia and returning home.
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The Council met.
PHILADELPHIA, Tuesday, September 15th, 1789.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles,
John Cannon,
James Read,
Samuel Edie,
A braham Smith,
Frederick Watt,
Esquires.
John Smilie,
Nathan Dennison,
Amos Gregg,
John Baird, and
George Woods,
Richard Willing,
The committee to whom were referred a resolve of the General Assembly of the fourth of October, 1788, and a letter from Peter Marmie, relative to a claim of Turnbull, Marmie and company, against this State, delivered in a report which was read ; and, on motion, and special order, the same was read the second time, and adopted as follows, vizt :
That Turnbull, Marmie and company, in March, 1788, obtain'd from the Board of Treasury of the United States, two warrants on Thomas Smith, Continental Loan Officer, one warrant for five thou- sand dollars specie, the other for three thousand dollars specie.
That in lieu of those warrants, they received from Thomas Smith orders on . David Rittenhouse, State Treasurer, who hath paid the amount of the warrant for five thousand dollars, two hun- dred and four pounds fifteen shillings of that sum being paid in the paper emission of 1785.
That Mr. Smith's orders for the amount of the warrants for three thousand dollars have not been paid.
That this State hath credit in the Treasury books of the United States, for the amount of both warrants in specie.
That by the Comptroller's reports, Pennsylvania hath overpaid the specie requisition of 1785, by the sum of one thousand six hundred and fifty.three dollars and 81 of a dollar, which was the last requisition of the United States adopted by this State.
That there are no funds out of which Council can satisfy the demand of the said Marmie and company, for the amount of the warrant of three thousand dollars, and for the depreciation on the sum of two hundred and four pounds fifteen shillings before stated to have been paid in the emission of 1785. The committee, there- fore, offer the following resolution for the consideration of Council:
Resolved, That the letter from Peter Marmie be transmitted to the General Assembly, and that it be recommended to them to make provision for the payment of the ballance due to Turnbull Marmie and company, on the warrants or orders above mentioned.
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SUPREME EXECUTIVE COUNCIL.
The said letter and a copy of the foregoing report were accord- ingly transmitted to the Speaker of the General Assembly, to- gether with the following letter from the President :
In Council, Philadelphia, September 15th, 1789.
SIR :- I do myself the honor to transmit to you, to be laid be- fore the General Assembly, a letter from Peter Marmie, relative to a claim of Turnbull, Marmie and company against this State, with a report of a committee of Council on that claim.
THOMAS MIFFLIN.
Hon'ble the Speaker of the Gen'l Assembly.
An order was drawn upon the Treasurer in favor of the Hon- orable Francis Hopkinson, Esquire, for the sum of seventy-five pounds, being one quarter's salary due to him on the thirteenth instant, as Judge of the Court of Admiralty of this State, accord- ing to the Comptroller and Register General's report.
Upon the petition' of Margaret Bennett, confined in the work house of this city, upon conviction of larceny, stating that her term of servitude is expired, and praying Council to remit the fine of two pounds fourteen shillings due to the Commonwealth,
Resolved, That the said fine be remitted.
A motion made by Mr. Smilie, and seconded by Smith, was laid before the Board, and read as follows, vizt :
Whereas, The Honorable the General Assembly, in a committee of the whole, have resolved to call a Convention to alter the Con- stitution of this Commonwealth, independant of the People and of the other branches of Government :
And whereas, Council by virtue of the powers vested in them by the Constitution of this State are authorized, and by duty to their constituents required, to oppose any attempt to alter the same by any other authority but that of the People ;
Resolved, That in order to preserve the peace of this Common- wealth, and as far as in us lyes prevent disorder and confusion in the State, that Council request a conference with the Honorable the General Assembly on this important subject; whereupon
It was moved by Mr. Miles, seconded by Mr. Gregg, to postpone the consideration of the same untill the afternoon, and it was ac- cordingly postponed.
In the mean time the General Assembly decided on the business.
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The Council met.
PHILADELPHIA, Wednesday, September 16th, 1789.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, John Cannon',
James Read, John Baird,
Amos Gregg, Samuel Edie,
Abraham Smith,
Frederick Watt, and
Esquires.
John Smilie,
Nathan Dennison,
. George Woods,
The Comptroller and Register General's reports upon the fol- lowing accounts, were read and approved, vizt :
Of Jacob Wæmer, of Berks county, for six months and five days' pay as a soldier in the late army of the United States, amounting to fifteen pounds eight shillings and four pence.
Of Conrad Riehl, of Berks county, for sixteen days' pay for his services in collecting and conducting a brigade of waggons to Read - ing for public service, in November, 1781, by order of the Waggon Master General, and for his rations during that time, amounting to nine pounds ten shillings.
Of Nathaniel Jerrard, of Bedford county, for two and a half hun- dred weight of flour furnished by him to Captain Philips' company of Bedford county militia, while stationed for the defence of the frontiers of that county against the savages in the year 1780, amounting to one pound seventeen and six pence.
Of John Harris, of York county, for a gun and blanket taken from him for public service in the year 1776, when the militia marched to Amboy, in the State of New Jersey, amounting to three pounds eight shillings and four pence.
Of Michael Peterman, of said county, for a gun taken from him for the public service as aforesaid, amounting to three pounds ten shillings.
Of Conrad Geisey, of said county, for a gun taken from him as aforesaid for public service, amounting to two pounds ten shillings.
Of Jacob Lefever, of said county, for a gun taken from him for the public service aforesaid, amounting to two pounds five shillings.
Of John Crosby, for stone furnished by him for repairing that part of the bank of Mud Island which by contract with the present tenant is to be kept up at the expence of the State, amounting to thirty-eight pounds eighteen shillings and two pence. An order was drawn upon the Treasurer in favor of Mr. John Crosby for this sum ..
161
SUPREME EXECUTIVE COUNCIL.
The Comptroller General's report upon the account of Captain Jacob Lutz, for militia services in the county of Lancaster in the year 1777, 1778 and 1779, which was read and approved on the ninth instant, was again laid before Council ; and on consideration it was resolved to draw an order in favor of Captain Lutz upon the Treasurer, for the sum of five pounds six shillings and six pence, amount of his said account, payable out of the monies arising from militia fines in the said county.
Upon application of Andrew Elliott, Esquire, for the loan of two surveying instruments and a small quadrant, the property of the Commonwealth, to enable him to proceed in the business of surveying the triangular piece of country bounding on Lake Erie, which was purchased by this State of the United States,
Resolved, That the request of Mr. Ellicott be complied with, and that David Rittenhouse, Esquire, be directed to furnish him with the said instruments, taking a receipt to return them when required.
A petition from Lazarus Brown McLene, of the county of Frank- lin, stating that at the Court of Oyer and Terminer and General Jail Delivery, held at Chambersburgh for the said county, on the twenty-fifth of May last, he was convicted of a riot and an assault and battery, and fined by the court in the sum of five pounds, and praying that Council would be pleased to remit the said fine, was received and read, a recommendation from the Chief Justice and Judge Bryan in his behalf being also read and considered; it was thereupon
Resolved, That the said fine be and the same is hereby remitted.
Returns of surveys of four reserved tracts of lands made by. John Adlum-A Presque Isle formed by Lake Erie, at Lebœuf at the head of the navigation of French creek, at the mouth of Con- ewango, and at the Fort of Venango, in pursuance of a resolution of the General Assembly dated the twenty-fourth of March last, were laid before Council, together with the account of the expence of making the said surveys, amounting according to the Comp- troller and Register General's report to the sum of one hundred and seventy-five pounds eight shillings and two pence : whereupon the said account was approved, and an order taken that the same, together with the said returns of surveys be transmitted to the General Assembly, inclosed in a letter from the President, in the following words, to wit :
In Council, Philadelphia, September 16th, 1789.
'SIR :- I do myself the honor of transmitting to you surveys of four tracts of land directed to be reserved for the use of the State by a resolve of the General Assembly of the twenty-fourth of March last, with Mr. Adlum's account of the expence of making those
VOL. XVI .- 11.
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surveys, for the payment of which no provision hath been made by the Legislature.
I have the honor to be with the greatest respect, sir, Your most obedient and most humble servant,
THOMAS MIFFLIN.
Honorable the Speaker of the General Assembly.
On motion, Robert Hunter, junior, was unanimously appointed Collector of Excise for the counties of Westmoreland and Allegany, Mr. John Giffin, who was formerly appointed having declined to act.
On motion,
Resolved, That to-morrow be assigned for the consideration the complaint against Michael Huffnagle, Esquire, Prothonotary of the county of Westmoreland.
A petition from James Dewsberry, now confined in the jail of the city and county of Philadelphia, upon being convicted of unlaw- full gaming and defrauding a certain Samuel Beard of the sum of six pounds seven shillings and six pence, praying remission of the fine of six pounds due to the Commonwealth to which he has been sentenced for the said offence, was received and read, and the jailor having informed Council that he is not able to pay the said fine, and has behaved himself orderly during his confinement; it was there- upon,
Resolved, To remit the same.
The Council met.
PHILADELPHIA, Thursday, September 17th, 1789.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, John Cannon,
Abraham Smith,
Zebulun Potts,
John Smilie,
Nathan Dennison,
Esquires.
Samuel Edie, John Baird and
George Woods, Frederick Watt,
The Comptroller and Register General's reports upon the ac- count of Abraham Moser, of York county, for taking up three de- serters from the American Army in the year 1782, and securing them, amounting to six pounds, was read and approved.
Upon application of Frederick Sneider, Doorkeeper, an order was drawn upon the Treasurer in his favor for the sum of thirty pounds, to purchase firewood for the use of Council, for which sum he is to account.
163
SUPREME EXECUTIVE COUNCIL.
The consideration of the complaint against Michael Huffnagle, Esquire, was postponed untill to-morrow.
A return of officers for three Battalions of militia in the county of Bedford, signed by Hugh Barclay, Lieutenant of that county, was laid before Council, and the same being read, it was
Ordered, That Commissions issue agreeably thereto.
-
The Council met.
PHILADELPHIA, Friday, September 18th, 1789. PRESENT : 1
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, John Cannon,
James Read, Nathan Dennison,
Abraham Smith, John Baird,
Esquires.
John Smilie,
Zebulun Potts, and
Samuel Edie,
Amos Gregg,
George Woods,
The Comptroller and Register General's reports upon the follow- ing accounts, were read and approved, vizt :
Of Jacob Fitzer, for his pay as a seven months' man in the late army of the United States, from the twenty-sixth of June to the twenty-second of December, 1780, amounting to fourteen pounds fifteen shillings.
Of Andrew Heffer, for one year's pension, ending the fourteenth of November, 1788, according to a decree of the Supreme Court, amounting to thirteen pounds ten shillings, for which sum an order was drawn upon the Treasurer.
On motion,
Resolved, That John Moore, William Jack and Ephraim Doug- lass, Esquires, be and they are hereby authorized to investigate the charges of divers inhabitants of Westmoreland county, against Michael Huffnagle, Esquire, Prothonotary of that county, and to report to Council.
Upon consideration of the petition and respectable recommenda- tion in favor of Charles Jones, praying that Council would be pleased to appoint him a Notary and Tabellion Public, in and for this Commonwealth,
Resolved, That the prayer of his petition be granted.
A petition from Daniel Fennell, of the district of Southwark, praying remission of the fine of five pounds, to which he was sen- tenced by the last Court of General Quarter Sessions of Phiadel- phia county, for an assault and battery, was read, Council taking the said petition into consideration, and also a recommendation in
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MINUTES OF THE
his favor accompanying the same, and it appearing that, the peti- tioner has a large family to support and is not able to pay the said fine; it was thereupon,
Resolved, That the said fine be remitted.
Agreeably to a resolution of the General Assembly of the fif- teenth instant, an order was drawn upon the Treasurer in favor of Mr. John Dunlap, for the sum of two hundred and forty-eight pounds nineteen shillings and eight pence, payable out of the fund appropriated for claims and improvements, the same being in full of the sum due by this State to the said John Dunlap, as an indemni- fication against a ground rent of eleven pistoles per annum and. the arrearages thereof, issuing out of certain lots by him purchased from this Commonwealth, as being subject to five pistoles per an- num, whereas, in fact they are subject to the said sum eleven pis- toles per annum.
The Council met.
PHILADELPHIA, Saturday, September 19th, 1789.
PRESENT : His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles,
John Cannon, r
James Read,
Nathan Dennison,
1
Amos Gregg,
John Baird,
Abraham Smith,
Zebulun Potts,
Esquires.
John Smilie,
Frederick Watt, and
Samuel Edie,
Richard Willing, --
George Woods,
The Council met.
PHILADELPHIA, Monday, September 21st, 1789.
PRESENT : His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, Zebulun Potts,
James Read, Frederick Watt,
Abraham Smith, John Cannon,
Amos Gregg, George Woods, Esquires.
John Smilie, Samuel Edie, and
Nathan Dennison, John Baird,
Richard Willing,
Upon application of Samuel Church, William M'Mullen and John Cornish, Supervisors of the roads in the district of South wark,
165
SUPREME EXECUTIVE COUNCIL.
for the loan of the draft of the said district, made by John' Hills, and of the levelling instruments, the property of the State, to ena- ble them to regulate the descent of the water courses, and to ascer- tain the bounds of the streets, lanes and alleys in the said district,
Resolved, That the request of the said Supervisors be complied with.
On motion,
Resolved, That to-morrow be assigned for going into the appoint- ment of a Prothonotary of the county of Mifflin.
The Council met.
PHILADELPHIA, Tuesday, September 22nd, 1789. PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, John Cannon,
James Read,
Abraham Smith,
Amos Gregg, John Smilie,
Richard Willing, John Baird,
Esquires.
Frederick Watt,
Nathan Dennison, and
Samuel Edie,
Zebulun Potts,
George Woods,
An order was drawn upon the Treasurer in favor of the Honora- ble Jacob Rush, Esquire, for one hundred and fifty pounds, being one quarter salary due to him on the eighteenth instant, as one of the Judges of the Supreme Court, according to the Comptroller General's report.
A petition from Rebecca Wall and Sarah Burk, now confined in the work house of this city, for keeping a disorderly house, pray- ing remission of the several fines imposed upon them by the May- or's Court for the said offence, was read, and appearing by a certi- ficate from the keeper of the Work house, that their time of servitude is expired, and they have behaved in a regular and orderly manner during their confinement ; it was thereupon,
Resolved, That the several fines payable to the use of the State, to which the petitioners have been sentenced, be remitted.
Council having requested a conference with the Judges of the Supreme Court and Attorney General, on the propriety of ordering a Court of Oyer and Terminer at an earlier day than the fourth or fifth of November next, which was suggested by them, Chief Jus- tice M'Kean, Justice Bryan and the Attorney General attended, and agreed to hold a Court for the trial of the persons charged with the robbery and murder of John M'Farland, on Thursday the ninth of October next.
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1
Agreeably to the minute of yesterday, Council proceeded to the appointment of a Prothonotary for the county of Mifflin, and the ballots being taken for the several candidates, it appeared that Samuel Edmiston was duly elected to that office, and he was . commissionated accordingly.
On motion, Samuel Edmiston, Esquire, was also appointed and commissionated Clerk of the Court of General Quarter Ssssions of the Peace and Jail Delivery, and of the Orphan's Court, and a Justice of the Court of Common Pleas, in and for the said county of Mifflin.
The Council met.
PHILADELPHIA, Wednesday, September 23rd, 1789. PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles,
Nathan Dennison, r
James Read,
John Cannon,
Amos Gregg,
George Woods,
Zebulun Potts,
Frederick Watt, Esquires.
Abraham Smith,
Samuel Edie, and
John Smilie,
Richard Willing,
John Baird,
The Comptroller and Register General's reports upon the follow- ing accounts were read and approved :
Of Abraham Demud, for a gun taken from him for the use of the public, in the year 1776, amounting to two pounds five shil- lings.
Of Abraham Fleury, for a gun and ten pot hooks taken for pub- lic use as aforesaid, amounting to three pounds eighteen shillings.
Of Henry Strickler, for a gun taken for public use as aforesaid, amounting to two pounds five shillings.
Of Caleb Davis, Esquire, Prothonotary of the county of Ches- ter, for monies received for fees upon tavern licenses between the twenty-first day of February and the twenty-eighth day of July, 1789, amounting to eighty-two pounds four shillings.
Of Abel Morgan, Esquire, Lieutenant of the county of Mont- gomery, for monies received by him for militia fines, &ca., from the time of his appointment, in the year 1784, to the fourth of June, 1789, amounting to one thousand and seventy-four pounds seven- teen shillings and nine pence ; and an order was drawn upon the Treasurer in favor of the said Abel Morgan, for the sum of eight pounds eleven shillings and nine pence, payable out of the monies
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SUPREME EXECUTIVE COUNCIL.
arising from militia fines in the said county, being a ballance due to him upon this account.
James McCalmont was appointed and commissionated a Justice of the Peace and of the Court of Common Pleas in and for the county of Franklin, upon a return made according to law from the district of the township of Letterkenny.
Upon the petition of Abraham Keebner, of the county of Mont- gomery, and a recommendation from the Justices of the Court of General Quarter Sessions of the Peace of the said county, for re- mission of the fine of ten pounds to which he was sentenced by the said Court, upon being convicted of fornication and bastardy,
Resolved, That the said fine be remitted.
A letter from his Excellency the President of the United States, of the twenty-first instant, inclosing the following acts of Congress, vizt :
An Act for establishing the salaries of the executive officers of Government, with their assistants and clerks.
An Act to provide for the safe keeping of the acts, records, and seal of the United States, and for other purposes; and An Act to suspend part of an act entituled An Act to regulate the collection of the duties imposed on the tonnage of ships and vessels, and on goods, wares and merchandizes imported into the United States, and for other purposes, was received and read, and a letter was writ- ten by the President of this Board to the President of' the United States, acknowledging the receipt of the said letters and enclo- sures.
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