Colonial records of Pennsylvania, Vol. XVI, Part 16

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


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Resolved, That the said Commissioners be allowed the sum of seventeen shillings and six specie, each per day, as a compensation for their services, subsistance and horse hire, whilst they are actually engaged.


The Council met.


PHILADELPHIA, Saturday, October 3rd, 1789. PRESENT : His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.


James Read, George Woods,


Amos Gregg, Frederick Watt,


1


Abraham Smith, Nathan Dennison, and SEsquires.


Samuel Edie, Zebulun Potts,


Jobn Cannon,


Agreeably to a resolution of the General Assembly dated the twenty-ninth of September last, an order was drawn upon the


179


SUPREME EXECUTIVE COUNCIL.


Treasurer in favor of Edward Stiles, for the sum of nine hundred and sixty seven pounds sixteen shillings and eleven pence, payable out of the fund appropriated for claims and improvements, being in full satisfaction of his claims against this Commonwealth, as stated in his petition.


Two orders were drawn upon the Treasurer in favor of Joseph Perkins, the one for one hundred and nineteen pounds nineteen shillings, and the other for one hundred and fifty pounds seventeen shillings, payable out of the fund appropriated for claims and im- provements, the same being granted him in pursuance of an act of the General Assembly dated the twenty-ninth of September last, in lieu of two orders of Council which he received for his services in repairing public arms belonging to the city and county of Phila- delphia, but not being paid, were this day delivered up and cancelled.


A petition from William Coats, Esquire, and Joseph Potts, in behalf of themselves and Robert Shannon, stating that an action is now depending in the Supreme Court, wherein the testimony of John Clark, formerly an inhabitant of Philadelphia, but now of Charlestown, in the State of South Carolina, who was attainted of high treason against this State, is material, which if not obtained will prove very injurious to them, and praying Council to grant him a pardon, that he may be enabled to attend and give evidence in their behalf, was read, and thereupon it was


Ordered, That the said John Clark be pardoned, and a pardon under the great seal was accordingly issued.


On motion,


Resolved, That the Master of the Rolls be directed to furnish Council with three certified copies of the late act of Assembly, to appropriate the sum of five thousand pounds forimproving the nav- igation of the rivers Delaware Schuylkill and Susquehanna, for the use of the Commissioners appointed by Council in pursuance of the said act.


Ageeeably to the minute of Council of the twenty-ninth of last month, the Escheator General (to whom were referred the letter from John Torbett, and a memorial from Doctor William M'Il- vaine and Samuel Kinsey, Administrators of the estate of Daniel Kennedy, Esquire, late of Bucks, deceased,) made a report in writing, as follows, vizt :


" I beg leave to report that in the case referred to, the informant will not be entitled to any part of the said estate if escheated, that an inquisition must be held before the property can pass into the State Treasurer as an escheat, both for the security of the State and heirs, if any should appear to claim in due time, and that as. the Administrators are shortly to settle their accounts, it will be- best to suspend any proceedings untill the time fixed be passed, when the ballance escheated will be more perfectly known.


"JOHN NICHOLSON."


October the 1st, 1789.


180


MINUTES OF THE


And on motion, it was


Resolved, To adopt the said report of the Escheater General, and to postpone the further consideration of the claim of John Tor- bett, in the premises.


On motion,


Resolved, That Mr. Robert Leslie be appointed to have the care of the State House clock, in the room and stead of Griffith Owen, who has the care of it at present.


On motion,


Resolved, That the Secretary have leave of absence on urgent business to Baltimore.


Upon the second reading of the petition of John Griffith, Collec- tor of State taxes in Sadsbury township, Lancaster county, praying Council to order a stay of the execution against his estate, for satis- faction of a ballance of taxes received and due from him to the Commonwealth,


Resolved, 'That the petitioner have leave to withdraw his peti- tion.


The Council met.


PHILADELPHIA, Monday, October 5th, 1789.


PRESENT :


The Honorable the Vice President.


James Read, Frederick Watt,


Abraham Smith, Nathan Dennison.


Christopher Kucher, Richard Willing,


Zebulun Potts, George Woods, and


Samuel Edie, Amos Gregg.


An order was drawn upon the Treasurer in favor of Frederick Schneider, for sixteen pounds two shillings and four pence, amount of his account for his wages as Door-keeper to Council for the month of September, and cash paid for repairing two locks and keys, sweeping two chimneys and washing the Council room.


On motion,


Resolved, That Friday next be assigned for going into the ap- pointment of a Collector of Excise, in and for the county of Dela- ware.


1


1


181


SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, Tuesday, October 6th, 1789.


PRESENT :


The Honorable GEORGE. ROSS, Esquire, Vice President.


James Read, Samuel Edie,


Amos Gregg,


Nathan Dennison,


Abraham Smith,


George Woods, and


Esquires.


Christopher Kucher,


Richard Willing,


Zebulun Potts,


7


On motion,


Resolved, That the Comptroller General be furnished with the minute of Council of the twenty seventh of November, 1787, re- specting the public arms which have been delivered from time to time to the Lieutenants of the several counties in this State.


Agreeably to the minute of Council of the second instant, letters of instruction were written to the Commissioners appointed to view the rivers Delaware, Schuylkill, Susquehanna and Juniata, and the various streams running into them, in pursuance of an act of the General Assembly passed the twenty-eighth of September last, as follows, vizt :


In Council, Philadelphia, October 6th, 1789.


GENTLEMEN :- In conformity to an act of the General Assem- bly of this Commonwealth, passed the twenty-eighth day of Sep- tember last, entituled " An Act to appropriate the sum of five thousand pounds annually for the purposes therein mentioned," Council have appointed you to view the rivers Susquehanna and Juniata.


You will without delay, proceed to examine the said rivers, and the various streams running into them, and which are capable of being made navigable, you will carefully mark such places where in your opinion locks or canals are necessary. You will note 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 navigation of the said rivers. When you have compleated this business, you will make report to the Supreme Executive Council of your procceedings, together with such estimate of the probable expence that may in your opinion be necessary to carry this law into execution.


The Supreme Executive Council request you will use every ex- ertion in your power to forward and effect this important design. An exemplified copy of the law from the Rolls office is herewith transmitted ; you will be allowed seventeen shillings and six pence


182


MINUTES OF THE


each per day, as a compensation for your services, subsistence and horse hire, whilst you are actually engaged.


I am Gentlemen, with great respect,


Your most obedient and very humble servant,


GEORGE ROSS, V. P.


Timothy Matlack, Reading Howell and William Dean, Commis- sioners for viewing the river Delaware.


John Sellers and John Adlum, Commissioners for viewing the the river Schuylkill, and


To Samuel Boyd, Bartram Galbraith and Thomas Huling, Com- missioners appointed to view the rivers Susquehanna and Juniata.


1


The Council met.


PHILADELPHIA, Wednesday, October 7th, 1789.


PRESENT:


The Honorable GEORGE ROSS, Esquire, Vice President.


James Read, Samuel Edie,


Amos Gregg, Nathan Dennison,


Abraham Smith, George Woods, and


Esquires.


Christopher Kucher, Zebulon Potts,


Richard Willing,


2


On motion,


Resolved, That Friday next be assigned for going into the ap- pointment of Lieutenant for the county of Delaware, and also a Lieutenant for the county of Mifflin.


On motion,


Resolved, That the Comptroller General be directed to report to Council what sums are due for pensions to the widows and children of James Henry and Richard Delap and Henry Tantlinger res- pectively, late of the militia of Bedford county, deceased, agreeably to the several orders of Orphans' Court, of Bedford county, on their several claims in order that warrants may issue for payment.


The Council met.


PHILADELPHIA, Thursday, October 8th, 1789.


PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President. James Read, Samuel Edie,


Amos Gregg, Nathan Dennison,


?


Abraham Smith, George Woods, and Esquires. Christopher Kucher, Richard Willing, Zebulun Potts,


An order was drawn upon the Treasurer in favor of the Honor- able Nathan Dennison, Esquire, for eighteen pounds, in full for his attendance in Council until the ninth instant, inclusive.


183


SUPREME EXECUTIVE COUNCIL.


A representation from the Commissioners appointed to view the' river Delaware, requesting Council to furnish them with a number of articles, a list whereof they have sent in, and also the sum of ninety pounds, was read the second time and the further conside- ration thereof postponed untill to-morrow.


1


The Council met.


PHILADELPHIA, Friday, October 9th, 1789. 1


1 PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President.


James Read, Samuel Edie,


Amos Gregg,


Nathan Dennison,


Christopher Kucher,


George Woods, and


Zebulun Potts,


Richard Willing,


7 Esquires.


Agreeably to the order of the day, Council proceeded to the ap- pointment of a Collector of Excise for the county of Delaware, a Lieutenant of the same county, and also a Lieutenant of the county of Mifflin. And the ballots being taken for the several candidates for the office of Collector of Excise, it appeared that Philip Sheaff, Esquire, was duly elected to that office by a majority of votes.


On motion,


Luke Morris, Jun'r, Esquire, was unanimously appointed Lieu- tenant of the county of Delaware, and Samuel Bryson, Esquire, was unanimously appointed Lieutenant of the county of Mifflin.


The Comptroller and Register General's reports upon the ac- count of John Hubley Esquire, Prothonotary of the county of Lan- caster, for fees received for tavern and marriage licences, and for the tax upon writs, between the twentieth of March and sixth of October, 1789, amounting to five hundred and fifty-eight pounds seventeen shillings, was read and approved.


-


Agreeably to the minute of the first of September last, the Sec- retary, Receiver General, and Surveyor General of the Land Office made a report on the memorial of Charles Stewart, in behalf of the child of Robert Wilson, deceased, in the following words, vizt :


In obedience to an order of Council of the first of September instant, requiring us, on the part of this State, to consult with the other owners or proprietors of the lands in question, or their legal representatives, and, with them, to make out such division or par- tition of the same as shall appear just and equitable, we beg leave to report, that we have examined the deeds produced to us, and


1


184


MINUTES OF THE


found by an indenture, quinquipartite, dated the sixteenth day of October, 1775, made between Benjamin Chew, Edward Shippen, Samuel Meredith, Joseph Shippen, and Andrew Allen, that each of them was entitled to one-fifth part of thirty six thousand acres of land, then in the county of Northumberland, now of Luzerne, sub- ject to one-fourth part thereof, by the said agreement, to be granted or allotted to Robert Wilson, or his assigns. That Messieurs Chew and Edward Shippen, by two distinct deeds, conveyed their respec- tive shares to the said Samuel Meredith ; that Robert Wilson con- veyed three thousand acres of his share to the said Samuel Mere- dith ; that the State is entitled to the share of Andrew Allen ; that the quality being supposed to be nearly equal, we laid the sev- eral surveys of the said lands together, as nearly as might be, in quantities or tracts agreeably to their respective proportions, and divided them, by lot, whereby nineteen thousand three hundred and two acres and ten perches fell to the share of Samuel Meredith, five thousand three hundred and seventy four acres to the share of Joseph Shippen, or of those who represent him, six thousand three hundred and sixty-nine acres and one eighth to the share of Robert Wilson, or of those who represent him, and five thousand eight hundred and seventy-three acres to the State, in right of Andrew Allen, the several surveys and warrants for which are as follows, vizt :


A's. P's. 355 104


Joseph Le Blane,


John Biddle,


295


Weshappine waters.


-


Christian Fight,


297


80


Edward Shippen,


3018 140


Joseph Shippen,


2917


4


Tunkhan- nock.


Edward Shippen,


3205


Andrew Allen,


2949


Benjamin Chew,


3246


Weeshappine.


James Allen,


301₴


Andrew Allen,


3014


William Allen,


3014


John Cadwallader,


3012


Lambert Cadwallader,


3014


Thomas Cadwallader,


3012


William Gough,


3012


Josiah Huwes,


3012


James Coburn,


301¿


Lydia Goodwin,


3014


19,302 10 1


Samuel Meredith's share.


Perches.


Wyaloosing.


19,302 Acres.


10


1


SUPREME EXECUTIVE COUNCIL.


185


J. Shippen's warrant, 10 lots, 3190 140


Weshappine. 7


William Govett,


311공


Anthony Syfret,


311 7


William McDonald,


311号


George Fullerton,


3113


Alexander Nesbit, Walter Stewart, John Read,


3113


311공


1


5,374.


John Allen,


3014


James Cunnings,


370


Thomas Wharton,


375를


Isaac Wharton,


3012


Charles Wharton,


3012


John Vicary,


3012


Tunkhannock and Wyaloo- sing waters.


Daniel Reese,


301₴


Charles Stewart,


3012


Archibald Stewart,


3012


Philip Johnston,


3024


Robert Taylor,


3012


Charles Gandowin,


3113


John M. Nesbitt,


339-5


Henry Hill,


301年


Rees Meredith,


3234


George Clymer,


322


William Norton,


347₴


Samuel Meredith,


3124


Conrad Neshevonder,


342


Jona. Nesbitt,


3065


6,369중


Benjamin Chew, 9 lots,


2786 19


r


Andrew Allen, 10 do.,


3087 39


Tunkhan- nock.


State's share 5,873 acres 58 perches,


5873 58


We have had no persons or person who represent Joseph Ship- pen to consult with, or signify his, her, or their concurrence.


We are, with due respect, your Excellency's and Honor's most Obedient and very humble servants,


JOHN LUKENS, DAVID KENNEDY, FRANCIS JOHNSTON.


His Excellency Thomas Mifflin, Esquire.


-


5,374 acres.


Joseph Shippen's share, Part of Robert Wilson's


share, carried over.


Robert Wilson's share,


Tunkhannock and Wyaloo- sing waters.


1


6,369% acres.


3113


Tunkhannock.


186


-


MINUTES OF THE


And the same being read and considered, it was,


Resolved, To adopt the report, so far as the appropriation therein affects the State.


The Comptroller General's reports upon the claim of the estate of Joseph Collier, for money paid into the State Treasury, vizt : one hundred and seventy pounds five shillings, Continental, amount- ing in specie to the sum of two pounds five shillings and four pence, was read and approved, and an order issued to the Treasurer to re- turn the said sum of two pounds five shillings and four pence, out of the Treasury to the said estate.


The Comptroller General's reports upon orders of the Orphans' Court of Bedford county, in favor of the following persons, for their pensions, were read and approved, and orders were drawn up- on the Treasurer for the several sums reported by the Comptroller to be due to them, payable out of the monies arising from the militia fines of the county of Bedford, vizt :


Catherine Tantlinger, for the sum of twenty-two pounds ten shillings, ballance due of her pension from the fourteenth of Feb- ruary, 1786, till the fourteenth of August, 1787.


Jane Delapt, for sixty-seven pounds seven shillings and six pence, for her pension due to her until the eleventh day of Au- gust, 1789.


Elizabeth Henry, for sixty-seven pounds seven shillings and six pence, for pension due to her untill the eleventh of August, 1789.


Upon application of Timothy Matlack, Reading Howell, and William Dean, commissioners appointed to view the river Dela- ware, an order was drawn on the Treasurer in their favor, for the sum of one hundred, payable out of the fund appropriated by act of Assembly passed the twenty-eighth of September last, to enable them to proceed in said business, for which sum they are to be ac- countable, and the Commissary of Military Stores was directed to furnish the said commissioners with one horseman's tent, one smaller tent, three camp kettles, and two musquets, the property of the State, to be returned when the business is compleated, or accounted for by the commissioners.


On motion,


Resolved, That the opinion of the Attorney General be taken upon the following question, vizt : "Whether Justices of the Peace and Pleas who have been commissionated for a certain county, and a part of that county erected into a separate county, can continue to exercise the powers of the peace and pleas in that part erected into a new county, and separated from the old one," and that this opinion be requested of him by a committee of three ; the mem- bers chosen were Colonels Smith and Willing, and Mr. Read.


1


. 187


SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, Saturday, October 10th, 1789.


PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President.


James Read, Samuel Edie,


Amos Gregg,


Richard Willing,


Abraham Smith,


Christopher Kucher, and


Esquires.


George Woods,


Zebulun Potts,


A transcript of the record of conviction of Francis Burns, other- wise called John Burns, Daniel Cronan, John Bennet, John Fergu- son, otherwise called John Taylor, and John Logan, at a Court of Oyer and Terminer and General Jail Delivery held at Philadelphia for the city and county of Philadelphia the eighth day of Octo- ber, 1789, for the murder of John McFarland, was laid before the Board, and the same being 'read and considered, it was there- upon,


Ordered, That execution of the sentence of the said Court be made and done on Monday, the twelfth day of October instant, between the hours of ten and two o'clock, upon the several per- sons so convicted, and that a warrant under the lesser seal, directed to the Sheriff of the city and county of Philadelphia, do issue ac- cordingly.


The Comptroller General's report upon the accounts of Colonel Michael Lindemuth, for provisions furnished to his battalion of Berks county militia, whilst employed in defence of the frontiers of said county, in the year 1780, was read and approved.


The committee appointed to request the opinion of the Attorney General respecting the powers of Justices of the Peace and Com- mon Pleas in new counties, laid before the Board the following, vizt :


Third Street, October 9th, 1789.


SIR :- I have considered the clause in the act of Assembly for erecting Delaware county, which authorizes the Justices of the Peace and Judges of the Court of Common Pleas of Chester county, which by the division shall happen to reside in the new county, to exercise the same powers in Delaware that they possessed in Chester.


As the Constitution vests the appointment of all Judges in the Supreme Executive Council, and a new Court is here erected, I am of opinion that no act of the Legislature can appoint the Judges of that Court, or give any persons authority to act as such, without being commissioned for that purpose by the President and Coun- cil; this part of the act, therefore, must be merely void.


1


188


MINUTES OF THE


As to the Justices of the Peace, they being already elected by the people, and residing in their proper districts, I am of opinion that their authority may be continued by an act of the Legislature, and that such an act would not infringe upon the Constitution. I am, Sir, with great esteem, Your most obedient servant, WILLIAM BRADFORD, Junior.


Hon'ble Mr. Smith.


The Council met ..


PHILADELPHIA, Monday, October 12th, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


James Read, . George Woods,


Amos Gregg, Richard Willing, Esquires.


Samuel Edie, Christopher Kucher,


Abraham Smith, Zebulun Potts,


Letters from His Excellency the President of the United States, of the second and third instant, inclosing the following acts of Congress, vizt :


An Act to establish the Judicial Courts of the United States.


An Act to regulate the process in the Courts of the United States.


An Act to explain and amend An Act for registering and clear- ing vessels, regulating the coasting trade, and for other purposes.


An Act to recognize and adopt to the Constitution of the United States, the establishment of troops raised under the resolves of the United States in Congress assembled, and for other purposes therein mentioned.


An Act providing for the payment of the invalids pensioners of the United States.


An Act making appropriations for the present year.


An Act to allow the Baron Glaubeck the pay of Captain in the army of the United States.


An Act to alter the time for the meeting of Congress.


A duplicate of An Act for allowing compensation to the mem- bers 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.


189


SUPREME EXECUTIVE COUNCIL.


An Act for allowing a compensation to the President and Vice President of the United States.


A resolution for continuing John White, John Wright and Joshua Dawson, in office until the fourth day of February, 1789.


A resolution making it the duty of the Secretary of State to pro- cure, from time to time, such of the statutes of the several States as may not be in his office.


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.


A copy of the amendments proposed to be added to the Consti- tution of the United States; and


A proclamation for a General Thanksgiving, were received and read, and a letter was written by the President to the President of the United States, acknowledging the receipt of the said letters and inclosures.


Two letters, the one from Alexander Hamilton, Esquire, Secre- tary of the Treasury of the United States, dated the twenty-sixth of September last, inclosing two resolutions of the House of Rep- resentatives of the United States of the twenty-first, respecting the public debts, and the other from Henry Knox, Esquire, Secretary at War, dated the sixth instant, inclosing an extract of an Act of Congress of the twenty-ninth of September last, authorizing the President of the United States to call into service, from time to time, such parts of the militia as he may judge necessary, for the protection of the inhabitants of the frontiers of the United States from the hostile incursions of the Indians, were also received and read.


George Woods, Esquire, who was appointed by the Surveyor General to be Deputy Surveyor of the county of Bedford, now took the oath of office before the President, and offered, as his sureties, Samuel Edie, Esquire, and Captain John Lytle, who were accepted.


The following orders were drawn upon the Treasurer in favor of the Honorable William Augustus Atlec and Jacob Rush, Esquires, for the sum of thirty pounds, for defraying their expenses as Judges of the Supreme Court on the Circuit, for which sum they are to account.


In favor of the Honorable George Woods, Esquire, for the sum of forty nine pounds fifteen shillings, for his attendance in Council from the seventeenth of August untill the twelfth of October, 1789, deducting four days' absence, and for mileage coming to Phila- delphia and returning home.


In favor of William Spotswood, for the sum of two pounds one shilling, amount of his account for six setts of the Pennsylvania Herald, furnished from the eighteenth of November, 1787, to the thirtieth of January, 1788, for the use of Council, according to the Comptroller and Register General's report.


190


MINUTES OF THE


On motion,


Resolved, That John Pearson, Thomas Levis, Richard Hill Mor- ris, and George Pearce, Esquires, be appointed and commissionated Juctices of the Court of Common Pleas in and for the county of Delaware.


The Council met.


PHILADELPHIA, Thursday, October 15th, 1789.


PRESENT :


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


James Christopher Kucher, )


Amos Gregg, Samuel Miles,


Abraham Smith,


Zebulun Potts, and


Esquires.


Samuel Edie,


Richard Willing,


An order was drawn upon the Treasurer in favor of the Hon- orable James Read, Esquire, for thirty-eight pounds five shillings, in full for his attendance in Council from the twenty-sixth of Au- gust to the fifteenth of October, 1789, inclusively.


Duplicates of the acts and resolutions of Congress, (originals re- ceived on Monday last,) were this day received.




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