USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XVI > Part 15
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· On motion,
Resolved, That Friday next at ten o'clock in the forenoon, be ap- pointed for a hearing upon the claim of Anthony Cuthbert and Ni- cholas Young, to certain lots in the city of Philadelphia, under old rights, and that the Attorney General and Land Officers be re- quested to attend.
Upon application of Colonel Lewis Nichola for the pardon of Catharine Miller and Sarah Goodman, now confined in the work house of this city for larceny, and the said Colonel Nichola having given a certificate of their good behaviour while in his custody, and informed Council that a respectable farmer would, if they were released, take them to Franklin county, it was
Resolved, That the said Catharine Miller and Sarah Goodman be and they are hereby pardoned.
A certificate from the Justices of the Court of General Quarter Sessions of the Peace in the county of Westmoreland, that the divi- sion of the district of Mount Pleasant, in the said county, for the purpose of electing Justices of the Peace is become proper and will be useful, which was received and read on the seventh day of Feb- ruary last, was this day read the second time, and an order taken that the division of the said district by the said Court for the pur- pose aforesaid, be and the same is hereby confirmed.
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MINUTES OF THE
The Council met.
PHILADELPHIA, Thursday, September 24th, 1789.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, Nathan Dennison, ?
James Read,
John Cannon,
Amos Gregg,
George Woods,
Abraham Smith,
Frederick Watt,
Esquires.
John Smilie,
Samuel Edie, and
Zebulun Potts,
Richard Willing,
John Baird,
Samuel Edmiston, Esquire, who was, on the twenty-second in- stant, appointed Prothonotary of the Court of Common Pleas of the county of Mifflin, now offered the Honorable George Woods and Hugh Davidson, Esquires, as sureties for his faithfull discharge of the duties of the said office according to law, and they were ac- cepted by Council.
Samuel Edmiston, Esquire, was commissionated Register of the Probate of Wills and granting letters of administration and Re- corder of Deeds in and for the county of Mifflin, agreeably to an appointment of him to those offices by the General Assembly on the twenty-third instant, a certificate of which appointment was this day laid before Council.
On motion,
Resolved, That a dedimus potestatum bo now issued and directed to Samuel Edmiston, Prothonotary, General James Potter, and William Brown, Esquire.
On motion,
Resolved, That to-morrow be assigned for the consideration of the case of John Jones, Esquire, Health Officer.
Upon the second reading of the letter from Colonel William Henry, Lieutenant of the city and liberties of Philadelphia, con- taining an estimate of the expence that will attend the exercise of the militia of the city and liberties on the ensuing muster days, and requesting Council to grant him an order on the Treasurer for the sum of one hundred and seventy-eight pounds, the amount thereof, and also for the sum of two hundred pounds, on account of his pay as Lieutenant,
Resolved, That two orders be drawn upon the Treasurer in favor of the said Colonel William Henry, the one for one hundred and seventy-eight pounds, the amount of the said estimate, and the other for two hundred pounds, on account of his pay as Lieuten-
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SUPREME EXECUTIVE COUNCIL.
ant, both payable out of the monies arising from militia fines in the said city and liberties, and for which the said Lieutenant is to be accountable.
The Council met.
PHILADELPHIA, Friday, September 25th, 1789. PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles,
James Read,
. Nathan Dennison, George Woods,
Amos Gregg,
Samuel Edie,
Abraham Smith,
Frederick Watt,
Esquires.
John Smilie,
Zebulun Potts, and
John Baird,
Richard Willing,
John Cannon,
7
Agreeably to the Comptroller and Register General's reports, the following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable Thomas Mckean, Esquire, for two hundred and fifty, being one quarter's salary due to him as Chief Justice of this State on the twenty-fifth instant.
In favor of Mr. John Adlum, for one hundred and seventy-five pounds eight shillings and eight pence, being in full of his account of expences in laying out and surveying four tracts of land, re- served by this State, at the mouth of French creek, at Fort Le Beauf, Presque Isle, and the mouth of Conewango, the said sum payable agreeably to resolution of the General Assembly of the twenty-third instant, out of the fund appropriated for claims and improvements.
In favor of Alexander Graydon and Joseph Hubley, Esquires, for the sum of fifteen pounds four shillings and six pence, being the amount of their expences in going to the town of Huntingdon, to invest the charges exhibited against Lazarus Brown McLene, Esquire, for misconduct in his office of Prothonotary of the county of Huntingdon, and returning home, under an appointment of Council, dated the twenty-second of September, 1788.
In favor of Frederick Sneider, for thirty pounds eighteen shil- lings, amount of his account for attendance as Doorkeeper upon the Donation Land Office from the third of November, 1788, untill the thirteenth of September, 1789, being ten months and nine days, payable out of the monies received on account of the State during that time for surveying fees.
Upon the petition of Robert Lollar, Register of Wills and Re- corder of Deeds in the county of Montgomery,
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MINUTES OF THE
Resolved, That he be appointed and commissionated a Justice of the Court of Common Pleas in and for the said county.
A petition from William Long, praying remission of the fine of fifteen pounds which has been imposed upon him by the last May- or's Court, upon being convicted of an assault and battery upon his apprentice boy, in the office of the Mayor, when brought to answer- to a complaint for ill treatment, was received and read, together with a recommendation of him from the Mayor and his associates, and from a number of respectable citizens, by which it appears that the petitioner is in indigent circumstances and has a large family to support ; it was thereupon,
Resolved, To remit the said fine.
The Comptroller and Register General's report upon the account of George Dougherty, for a rifle gun taken from him in the year 1777, for the use of the militia in actual service at Fort Freeland,' valued at three pounds ten shillings, was read and approved.
A resolution of the General Assembly of the twenty-third in- stant, transmitting a petition of the Faculty of the University for a continuation of the privilege of ringing the State House bell at stated hours for collecting the students, and referring the same to Council to take order thereon, was received and read.
Council taking the same into consideration, it was
Resolved, That the Faculty of the University have permission to ring the State House bell for convening the students at the stated hours, after the present sessions of Assembly is closed.
The Attorney General attended agreeably to notice given him on the twenty-third instant, and informed Council that he has not had sufficient opportunity of examining the several claims of An- thony Cuthbert and Nicholas Young to certain city lots, and re- questing that their papers might be delivered to him, and a short time allowed him to consider of them. The papers were accord- ingly put into his hands, and it was agreed to resume the business to-morrow at ten o'clock.
The Comptroller and Register General's report upon the account of Robert Laughlin, for smith's work done at Fort Preservation or Ligonier, in the year 1777, by order of Thomas Galbraith, amount- ing to ten pounds six shillings and eight pence, was read and ap- proved.
Agreeably to the minute of yesterday, Council proceeded to the further consideration of the case of John Jones, Esquire. Health Officer, when the complaint of the Merchants was read, together with Mr. Jones's defence, and a report of a committee of Council on the subject. After some time spent in debate, it was
Resolved, That the opinion of the Attorney General be taken with respect to the extent of the duties or powers of the Health Officer, so far as relates to visiting of vessels, and to his fees for visiting, and that this opinion be requested of him by a committee of Council to consist of four members. The members chosen were
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SUPREME EXECUTIVE COUNCIL.
Mr. Vice President, Colonel Miles, Mr. Smilie and Mr. Smith. The further consideration of this business was postponed until to- morrow.
The Council met.
PHILADELPHIA, Saturday, September 26th, 1789. PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President,
Samuel Miles, Frederick Watt,
James Read,
John Baird,
Amos Gregg,
George Woods,
Esquires.
Samuel Edie,
John Cannon,
Abraham Smith, Richard Willing, and
John Smilie, Nathan Dennison,
A letter from the Surveyor General, requesting Council to ap- prove his appointment of James Harris to be Deputy Surveyor of the county of Mifflin, was received and read, and an order taken that, agreeably to the act of Assembly passed the eighth of April, 1785, the said appointment of the Surveyor General be and the same is hereby approved.
An order was drawn upon the Treasurer in favor of the Honor- able George Bryan, Esquire, for one hundred and fifty, being one quarter's salary due to him on the twenty fifth instant, as one of the Judges of the Supreme Court, according to the Comp- troller and Register General's reports.
Returns of militia officers for the second and fifth battalions of the county of Berks, and the first and second battalions of the county of Huntingdon, were laid before Council and read, and commissions directed to issue agreeably thereto.
The Committee appointed to consult the Attorney General on the fees payable to the Health Officer, laid before the Board his opinion in writing. .
On motion,
Resolved, That on Monday next, at ten o'clock, Council will go into the appointment of a Prothonotary of the county of Delaware.
Council resumed the consideration of the complaint against John Jones, Esquire, Health Officer; and on the question as stated yes- terday, Hath Mr. Jones exacted the fee of twenty shillings in any instances not warranted by law ? being put, it was determined in the affirmative.
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MINUTES OF THE
Council then proceeded to the consideration of the second pro- position, vizt :
Exhibiting accounts to Merchants, and receiving fees for several visits in the same voyage not warranted by law, he being intituled to one fee only for visiting in a voyage, and the physicians never received nor would receive for more than one visit; and thereupon,
Resolved, unanimously, That in the opinion of Council, the Clerk or Deputy of Mr. Jones hath exhibited charges and received payments for several visits of the Health Officer and physicians on the same vessels in the same voyage, which charges and receipts were not warranted by law ; but it does not appear that Mr. Jones hath been acquainted with, or participated in those illegal charges and exactions of his Clerk or Deputy.
And, on consideration of the third proposition, with respect to the head money being demanded from all passengers,
Resolved, unanimously, That it does not appear that Mr. Jones has demanded or received more than is allowed by law as head money.
On motion,
Resolved, That the farther consideration of this business be post- poned until Monday next.
The Council met.
PHILADELPHIA, Monday, September 28th, 1789. PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, George Woods,
James Read, John Cannon,
A mos Gregg,
Zebulun Potts,
Abraham Smith,
Richard Willing, Esq'rs.
John Smilie, John Baird,
Samuel Edie, Frederick Watt,
Nathan Dennison,
Agreeably to the Minute of Saturday, Council proceeded to the appointment of a Prothonotary for the county of Delaware, and the ballots being taken for the several candidates, it appeared that Wil- liam Richardson Atlee, Esquire, was duly elected to that office by a majority of votes, and he was commissionated accordingly.
On motion,
William Richardson Atlec, Esquire, was also appointed and commissionated Clerk of the Court of General Quarter Sessions of the Peace and Jail Delivery, and of the Orphans' Court, and a Justice of the Court of Common Pleas in and for the said county of Delaware.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Monday, September 28th, 1789, P. M.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles,
Zebulun Potts,
James Read, John Cannon,
Amos Gregg,
George Woods,
John Smilie,
John Baird,
Esquires.
Abraham Smith,
Frederick Watts, and
Richard Willing,
Nathan Dennison,
Samuel Edie,
Council proceeded to the further consideration of the case of John Jones, Health officer, when it was moved and second "That John Jones, Health officer of the port of Philadelphia, be displaced, the said Jones in the opinion of Council not being qualified to exe- cute the duties of the said office;" and on the question to agree to the said motion, it was determined in the affirmative ; thereupon,
Resolved, That the said John Jones, Health officer, be and he is hereby displaced.
On motion,
Resolved, That to-morrow at eleven o'clock, Council will go into the appointment of a successor to Mr. Jones.
An order was drawn upon the Treasurer in favor of John Don- aldson, Esquire, for one hundred and twenty-five pounds, being one quarter's salary due to him on the twenty-eighth instant, as Regis- ter General of the accounts of this Commonwealth, under an Act of General Assembly of the twenty-eighth day of March last.
The Council met.
PHILADELPHIA, Tuesday, September 29th, 1789.
PRESENT : His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Amos Gregg, John Cannon,
Samuel Miles, George Woods,
Richard Willing, John Baird,
Abraham Smith,
Nathan Dennison, 1 Esq'rs.
John Smilie,
Frederick Watt, and
Samuel Edie, Zebulun Potts,
Christopher Kucher,
A return of officers for the several battalions of the militia of the county of York, was received and read, and commissions directed to issue accordingly.
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MINUTES OF THE
On motion,
Resolved, That John Christ, Esquire, who was lately appointed Register of Wills and Recorder of Deeds for the county of Berks, be appointed and commissionated a Justice of the Court of Com- mon Pleas in and for the said county.
Agreeably to the Minute of yesterday, Council proceeded to the . appointment of a Health Officer for the port of Philadelphia, and Collector of the duty imposed by Act of Assembly of the late Pro- vince, dated February fourteenth, 1729-30, upon persons convicted of heinous crimes, and imported into this State; and the ballots being taken, it appeared that Nathaniel Falconer, Esquire, was duly elected to that office by a majority of votes, and he was commis- sionated accordingly.
On motion,
Resolved, That the letter from John Torbett, containing infor- mation to Council relative to some property in Bucks county, sup- posed to be escheated to the Commonwealth, as late the estate of Daniel Kennedy, deceased, together with a memorial from Doctor William McIlvaine and Samuel Kinsey, in answer thereto, be re- ferred to John Nicholson, Esquire, Escheator General.
Agreeably to the Comptroller and Register General's report, an order was drawn upon the Treasurer in favor of Benjamin Davis, jun'r, for the sum of one pound ten shillings, being the amount of his account for his services and expences in surveying Mud! island, by order of Council.
The Honorable William Augustus Atlee and George Woods, Esquires, were offered and accepted as sureties for William Rich- ardson Atlee's faithfull performance of the duties of his office of Prothonotary of Delaware county according to law.
The Comptroller and Register General's reports upon the follow - ing accounts, were read and approved, vizt :
Of Benjamin Elliott, Esquire, Lieutenant of the county of Hunt- ingdon, for his services as Lieutenant, and cash paid for repairing arms belonging to said county, and for collecting and carriage of them, amounting to twelve pounds thirteen shillings and nine pence.
Of Catherine Reinick, for one half year's pension from December, 1788, to June, 1789, amounting to forty-five pounds twelve shil- lings and six pence, and an order was drawn on the Treasurer in her favor for the said sum.
Of Captain Thomas Rankin, of Washington county, for his ser- vices on the Frontiers in 1781, amounting to ten shillings
Of Robert Walker and Andrew Henderson, for militia services in the year 1782
Of Lieutenant Thomas Mason, for the pay of his company of Westmoreland county militia, employed on the frontiers in May and June, 1782, amounting to sixty-one pounds cleven shillings and six pence.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Wednesday, September 30th, 1789.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, Samuel Edie,
James Read,
Frederick Watt,
Abraham Smith,' John Baird,
John Smilie, Nathan Dennison, -1- Esquires.
Christopher Kucher, Amos Gregg, and
George Woods, Zebulun Potts,
John Cannon,
A letter from His Excellency the President of the United States of the twenty-sixth instant, inclosing the following acts of Con- gress, vizt :
An Act for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the officers of both Houses.
An Act for the temporary establishment of the post office.
An Act for allowing certain compensation to the Judges of the Supreme and other Courts, and to the Attorney General of the United States.
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 seals of the United States, and for other purposes.
An Act to suspend part of an act, entituled An Act to regulate the Collector of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares and merchandizes imported into this State, and for other purposes.
An Act for allowing a compensation to the President and Vice President of the United States.
A resolution making it the duty of the Secretary of to procure from time to time, such of the statutes of the several States as may not be in his office ; and
A resolution to provide for the safe-keeping of such prisoners as may be committed under the authority of the United States, to the jails of the several States, was received and read ; and there- upon, an order was taken that the said acts of Congress be trans- mitted to the General Assembly for their information in a letter to the Speaker, signed by the President, which was accordingly done.
A letter was also written by the President, to the President of the United States, acknowledging the receipt of the said acts of Congress, and the letter which inclosed them.
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On motion,
Resolved, That a dedimus potestatem be issued for the county of Delaware, and directed to William Richardson Atlee, John Pearson and Richard Hill Morris, Esquires, of the said county.
The Comptroller and Register General's reports upon the following accounts, were read and approved, vizt :
Of Alexander Graydon, Esquire, Prothonotary of the county of Dauphine, for monies received by him for tavern and marriage licenses from August, 1787, to the term of August, 1789, amount- ing to one hundred and eighty-nine pounds seven shillings ..
Of William Osburne, for teams hired to transport. baggage, &ca., to Fort Preservation or Legonier, in September and October, 1777, amounting to twenty-two pounds ten shillings.
Upon the petition of Thomas Campbell, who was convicted of an assault and battery at a Court of Oyer and Terminer and Gen- eral Jail Delivery, held at Chambersburgh, for the county of Frank- lin, on the twenty-fifth of May last, and sentenced to pay a fine of ten pounds to the use of the Commonwealth, praying remission of the said fine,
Resolved, That the said fine be and the same is hereby re- mitted.
1 -
The Council met.
PHILADELPHIA, Thursday, October 1st, 1789.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
1 Samuel Miles, John Cannon,
James Read, Nathan Dennison,
Amos Gregg, Samuel Edie,
Abraham Smith,
Frederick Watt,
John Smilie,
John Baird, and
Christopher Kucher, Zebulun Potts, George Woods,
Esquires. 1
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable Jobn Smilie and John Baird, Es- quires, for the sum of forty five pounds fifteen shillings cach, for their attendance in Council on the twenty-seventh of June, and from the twenty-third of August untill the second of October, 1789, and their mileage coming to Philadelphia and returning home.
In favor of the Honorable Frederick Watt, Esquire, for fifty- three pounds seven shillings, for his attendance in Council from
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SUPREME EXECUTIVE COUNCIL.
the twenty-sixth of May to the twenty of June, and from the fourteenth of August to the third of October, 1789, and his mileage twice coming to Philadelphia and returning home.
In favor of the Honorable John Cannon, Esquire, for fifty-three pounds ten shillings, for his attendance in Council from the sev- enth to the eleventh of February, and from the tenth of August untill the second of October, 1789, and his mileage coming to Philadelphia and returning home.
A letter from Governor St. Clair, relative to a debt due to the State from him as late Vendue Master for the city of Philadelphia, and offering payment of the same by instalment , was received and read, and it was, thereupon, unanimously agreed to accept the Governor's proposals, and refer his letter to the Comptroller Gen- eral to have the business compleated without delay.
Mr. Edie was appointed to attend the Board of property during the present month.
The Council met.
PHILADELPHIA, Friday, October 2nd, 1789. PRESENT :
His Excellency THOMAS MIFFLIN, Esquire.
The Honorable GEORGE Ross, Esquire, Vice President.
Amos Gregg, John Cannon,
James Read, John Baird,
Christopher Kucher, Samuel Edie,
Abraham Smith, Frederick Watt, and 1 Esquires. John Smilie, Nathan Dennison, George Woods,
Agreeably to the Comptroller and Register General's reports, the following orders were drawn upon the Treasurer, vizt :
In favor of John Merrick, for fifty-one pounds one shilling State money of the seventh of April, 1781, payable out of the fund ap- propriated by resolution of the General Assembly passed the eighth day of April, 1782, being in full for principal and interest due upon his certificate for a black mare furnished by him in the year 1780 for public use. »
In favor of the Honorable William Augustus Atlee, Esquire, for one hundred and fifty pounds, boing one quarter's salary due to him as one of the Judges of the Supreme Court, ending the twenty- fifth of last month.
In favor of General John Gibson, for three hundred and twenty- three pounds nineteen shillings and ten pence; and in favor of General Richard Butler, for four hundred and eighty-three pounds VOL. XVI .- 12.
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MINUTES OF THE
six shillings and eight pence, paid out of the monies appropriated by an act of Assembly passed the twenty-eighth day of September last, being in full of their several accounts for their services and expences as Commissioners for the purchase of Indian claims to the tract of country bounding on Lake Erie, which was lately pur- chased by this State of the United States.
On motion,
Resolved, That in conformity to an act of General Assembly passed the twenty-eighth of September last, entituled " An Act to appropriate the sum of five thousand pounds annually for the pur- poses therein mentioned," Timothy Matlack, Reading Howell and William Dean, be and they are hereby appointed Commissioners to view the river Delaware ; that John Sellers and John Adlum be and they are hereby appointed Commissioners to view the river Schuylkill; and that Samuel Boyd, Bartram Galbraith and Thomas Hulings, be and they are hereby appointed to view the rivers Sus- quehanna and Juniata, and that the said Commissioners be in- structed to proceed without delay to examine the said rivers, and the various streams running into them and which are capable of being made navigable, carefully marking such places where in their opinion locks or canals are necessary, and noting all falls, obstructions, and all matters and things necessary to form estimates, to be laid before the General Assembly, of the expences of clearing and removing such obstructions to the navigations of the said rivers. And when they have compleated this business, to make report of their proceedings to Council, together with such estimate of the probable cxpence that may in their opinion be necessary to carry the said act into execution.
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