Colonial records of Pennsylvania, Vol. XVI, Part 17

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


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The Council met.


PHILADELPHIA, Friday, October 16th, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


James Read, Christopher Kucher,


Amos Gregg, Samuel Miles,


Abraham Smith, Richard Willing, and


Esquires.


Samuel Edie, Zebulun Potts,


Two copies of the Journals of the Senate of the United States were received.


Upon the petitions of Emanual Anthony, Hugh McDowell and Thomas Combess, now confined in the jail of the city and county of Philadelphia, for larceny,


Ordered, That the several fines due from them to the Common- wealth, be remitted, it appearing that their time of servitude is expired, and that they behaved orderly during their confinement.


191


SUPREME EXECUTIVE COUNCIL.


A return of the general election held in the county of Delaware, was received and read, by which it appears that Nicholas Fairlamb and Jesse Maris were duly elected Sheriffs, and Jonathan Vernon and William Walton, Coroners.


On motion, it was


Resolved, That Nicholas Fairlamb, Esquire, be appointed and commissionated Sheriff for the county of Delaware, and that Fred- erick Fairlamb and James Bernard of the said county, be accepted as sureties for his faithfull discharge of the duties of said office according to law.


Resolved, That Jonathan Vernon be appointed and commis- sionated Coroner for the said county of Delaware.


. The Council met.


PHILADELPHIA, Saturday, October 17th, 1789.


PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President.


Amos Gregg, Christopher. Kucher, )


James Read, Samuel Miles, and


Abraham Smith,


Richard Willing,


Esquires.


Samuel Edie, 1


Two orders were drawn upon the Treasurer in favor of John Nicholson, Esquire, one for two hundred pounds, being one quar- ter's salary due to him as Comptroller General on the thirteenth instant, and the other for fifty pounds, being one quarter's sal- ary due to his Clerk on the tenth instant, agreeably to act of Assembly, dated the fourth day of April, 1785.


Upon the petition and recommendation in favor of Daniel Sulli- van, who was convicted of larceny in the county of Bucks, at a Court of General Quartar Sessions held in September last, praying remission of the fine of two pounds ten shillings, to which he has been sentenced for the said offence,


Resolved, That the said fine be remitted, it appearing to Council that his time of servitude is expired.


Returns of the general elections held in the counties of Chester, Bucks, Montgomery and Berks, were received and read, by which it appears that the following gentlemen were duly elected, vizt :


Charles Dilworth and James McDowell, Sheriffs, and Nathan Scolfield and John Underwood, Coroners of the county of Chester.


Jacob Bennett and William Chapman, Sheriffs, and Isaac Van- horne and Joseph Hart, Coroners of the county of Bucks.


Francis Swaine and Henry Hooken, Sheriffs, and John Roberts and Samuel Hines, Coroners of the county of Montgomery.


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MINUTES OF THE


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Jacob Bower and Philip Kremer, Sheriffs, and Peter Feather, Junior, and John Snell, Coroners of the county of Berks; where- upon, it was


Resolved, That Charles Dilworth be appointed and commission- ated Sheriff, and Nathan Scofield, Coroner of the county of Ches- ter ; Jacob Bennett, Sheriff, and Isaac Vanhorne, Coroner of the county of Bucks ; Francis Swaine, Sheriff, and John Roberts, Coroner of the county of Montgomery ; and Jacob Boyer, Sheriff, and Peter Feather, Junior, Coroner of the county of Berks.


Resolved, That the following gentlemen be accepted as sureties, vizt :


John Hannum and Ezekiel Leonard, for the Sheriff of the coun- ty of Chester.


James T'ate and William Bennett, for the Sheriff of the county of Bucks.


Peter Muhlenberg and John Richards, for the Sheriff of the coun- ty of Montgomery.


Nicholas Lutz and John Spohn, for the Sheriff of the county of Berks.


The Council met.


PHILADELPHIA, Monday, October 19th, 1789. PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President.


Amos Gregg, Christopher Kucher,


James. Read, Samuel Miles,


Abraham Smith, Zebulun Potts, Esq'rs.


Samuel Edie,


A return of the General Election held in the county of North- ampton, was received and read, by which it appears that the follow- ing gentlemen were duly elected, vizt :


Jonas Hartzell, Esquire, Councillor ; George Graff and Henry Bush, Sheriffs ; and George Shrewer and John Towns, Coroners. On motion, it was


Resolved, That George Graff, Esquire, be appointed and com- missionated Sheriff, and George Shrewer, Coroner, of the county of Northampton.


Peter Kohler and Jacob Newhard were offered and accepted as sureties for the said Sheriff's faithfull performance of the duties of his office according to law.


Agreeably to a certificate from Chief Justice McKean and Judge Rush, an order was drawn upon the Treasurer in favor of Edward Burd, Esquire, for the sum of six pounds, being the expences of the Honorable William Augustus Atlee, Esquire, in coming to and


193


SUPREME EXECUTIVE COUNCIL.


returning from a Supreme Court held at Philadelphia on the twenty- fourth of September last, and a Court of Oyer and Terminer and General Jail Delivery held at Philadelphia on the eighth day of this month.


Upon the second reading of the petition of Thomas Wright, of Bucks county, praying remission of the sum of fifteen pounds due from him to the State, being the remainder of the sum of fifty pounds, to which he was sentenced for an assault and battery upon Joseph Thomas,


Ordered, That the petitioner have leave to withdraw his petition. Upon the second reading of the petition of William Read ; it was


Resolved, That the fine of ten pounds due to the State to which he was sentenced upon being convicted of selling spirituous liquors without licence in the county of Philadelphia, be remitted.


The Council met.


PHILADELPHIA, Tuesday, October 20th, 1789.


PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President.


James Read, Richard Willing,


Amos Gregg, Zebulun Potts,


Abraham Smith,


Samuel Miles, and


Esquires.


Samuel Edie, Christopher Kucher,


Jonas Hartzell, Esquire, Councillor elect for the county of North- ampton, attended, and was admitted to a seat at the Board, he hav- ing previously taken the oaths required by the Constitution.


The oath to support the Constitution of the United States re- quired by Act of Congress of the first day of June last, was also duly administered to Mr. Hartzell.


Returns of the General Elections held in the counties of Lan- caster, York and Cumberland, were received and read, by which it , appears that the following gentlemen were duly elected: James Ross and Michael App, Sheriffs, and George Graff and John Weid- ley, Coroners of the county of Lancaster.


Conrad Laub and William McClellan, Sheriffs, and Andrew Johnston, and Doctor John Morris, Coroners for the county of York; and Thomas Buchanan, and John Jordan, Sheriffs, and Henry Quigley, and James Lamberton, Coroners for the county of Cumberland ; whereupon, it was


Resolved, That James Ross be appointed and commissionated Sheriff, and George Graff, Coroner of the county of Lancaster.


VOL. XVI .- 13.


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MINUTES OF THE


Conrad Laub, Sheriff, and Andrew Johnston, Coroner of the coun- ty of York ; and Thomas Buchanan, Sheriff, and Henry Quigley, Coroner of the county of Cumberland.


Resolved, That the following gentlemen be accepted as sureties, vizt: Doctor Frederick Kuhn and Samuel Wright, for the Sheriff of the county of Lancaster; Daniel May, Philip Gausler and An- drew Billmeyer, for the Sheriff of the county of York; and Wil- liam McFarland and James Loughlin, for the Sheriff of the county of Cumberland.


Colonel Willing informed Council that the law for erecting part of Chester county into a new county, directed that the Coroner for that new county should give security in the sum of seven hundred and fifty pounds for the faithfull performance of his office ; and thereupon, Joseph Dicks and Thomas Hinkson, were accepted as sureties.


A letter from John Sellers, resigning his appointment as one of the Commissioners for viewing the river Schuylkill, agreeably to Act of Assembly passed the twenty-eighth of September last, was re- ceived and read, and his resignation accepted.


On motion,


. Resolved, That Benjamin Rittenhouse, Esquire, be appointed a Commissioner to view the river Schuylkill, in the room of John Sellers, resigned.


Philip Sheaff, Esquire, who was appointed by Council on the ninth instant, to be Collector of Excise in the county of Delaware, now offered Richard Willing, Esquire, and William Sheaff, mer- chant, as his sureties, and they were accepted.


On motion,


Resolved, That Tuesday next be assigned for going into the ap- pointment of a Surveyor General for this State.


The Council met.


PHILADELPHIA, Wednesday, October 21st, 1789.


PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President.


James Read, Samuel Miles,


Amos Gregg, Jonas Hartzell,


Abraham Smith, Zebulun Potts, and Esquires. Christopher Kucher, Richard Willing, Samuel Edie,


Returns of the General Election held in the counties of North- umberland and Dauphine, were received and read, by which it ap- pears that the following gentlemen were duly elected, vizt :


195


SUPREME EXECUTIVE COUNCIL.


William Wilson, Esquire, Councillor ; Martin Withington and John Clunie, Sheriffs ; and Joseph Lorentz, and Daniel Aurandt, Coroners of the county of Northumberland.


James Clunie and Rudolph Keller, Sheriffs ; and Michael Rahm, and Peter Miller, Coroners of the county of Dauphine ; whereupon,


Resolved, That Martin Withington, Esquire, be appointed and commissionated Sheriff, and Joseph Lorentz, Coroner of the coun- ty of Northumberland; and that James Clunie, Esquire, be ap- pointed and commissionated Sheriff, and Michael Rahm, Coroner for the county of Dauphine.


Resolved, That the following gentlemen be accepted as sureties, vizt : Henry Shoemaker, George Moy and Andrew Stroup, for the Sheriff of the county of Northumberland ; and Robert Clark, and Valentine Hummell, for the Sheriff of the county of Dauphine.


Upon application of John Adlum, one of the Commissioners ap- pointed to view the river Schuylkill, an order was drawn upon the Treasurer in his favor for the sum of thirty pounds, payable out of the fund appropriated by Act of the General Assembly passed the twenty-eighth of September last, to enable him to proceed in the business of his appointment, and for which sum he is to be account- able.


A return of an election of officers of the eighth company of the first battalion of militia of the county of Luzerne, signed by the Lieutenant of that county, was read, approved, and commissions were directed to issue agreeably thereto.


The accounts of Henry Spycker, Esquire, paymaster of the mili- tia of the county of Berks, with the Comptroller General's report thereon, which was read and approved in Council the twenty-third day of May, 1789, were laid before the Board ; and thereupon, an order was directed to issue in his favor upon the Treasurer for the sum of two hundred and seventeen pounds six shillings and five pence, payable out of the monies arising from militia fines in the said county of Berks, being a ballance due upon the said account to him from the State.


'The Comptroller and Register General's reports upon the fol- lowing accounts, were read and approved, vizt :


Of Captain John Nelson, for the pay of his company of North- ampton county militia for services in 1779, 1780, and 1781, at sundry times as therein specified, amounting to fourteen pounds fif- teen shillings and five pence.


Of Captain Alexander Forsman, of the militia of Northampton county, for the pay of himself and his Ensign for services in 1778, 1779 and 1780, amounting to four pounds four shillings and three pencc.


Upon the second reading of the petition of Bartholomew Van Heer, who was convicted of an assault and battery upon a certain Peter Borger, at the last Mayor's Court, and sentenced to pay a


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MINUTES OF THE


fine of five pounds to the use of the Commonwealth, praying re- mission of the said fine,


Resolved, That the prayer of the said petition be granted.


Upon application of John Hewson, requesting Council to grant him an order for fifty pounds, being the third installment allowed by act of Assembly passed the twenty-seventh day of March last, to assist him in carrying on his business of callico printing and bleaching in this State,


Resolved, That an order issue in favor of the said John Hew- son, for the said sum of fifty pounds; and that Peter Smallwood be accepted as surety for the faithfull application and repayment of the said sum, according to the true intent and meaning of the said act of Assembly.


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The Council met.


PHILADELPHIA, Thursday, October 22nd, 1789.


PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President.


Samuel Miles, Samuel Edie, 7


James Read, Jonas Hartzell,


Amos Gregg, Zebulun Potts, and Esquires.


Abraham Smith, '


Richard Willing,


Christopher Kucher,


A return of the general election of Sheriffs and Coroners held in the county of Luzerne was received and read, by which it appears that the following gentlemen were duly elected, vizt :- Jesse Fell and William Ross Sheriff; and Abel Yarington and Nathan Cary Coroners.


On motion,


Resolved, That Jesse Fell be appointed and commissionated Sheriff, and Abel Yarington Coroner, of the county of Luzerne.


James Stewart, Putnam Catlin and Nathan Kingley, were offer- ed and accepted as sureties for the said Sheriff's discharge of the duties of his office according to law.


The Comptroller and Register General's reports upon the account of Richard Footman, Auctioneer for the district of Moyamensing, for State duty received upon goods sold at auction, from the thirti- eth of March until the twenty-eighth of September, 1789, amount- ing to sixty-nine pounds and five pence half penny, was read and approved.


Upon the petition and recommendation for the pardon of a cer- tain William Kintzler, who was convicted in the county of Mont-


197


SUPREME EXECUTIVE COUNCIL. .


gomery of larceny, and sentenced to pay to the use of the Com- monwealth a fine of twenty-four shillings and undergo a servitude at hard labor for one year,


Resolved, That the said William Kintzler be pardoned.


The Council met.


PHILADELPHIA, Friday, October 23rd, 1789.


PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President. .


James Read, Samuel Edie,


Amos Gregg,


Samuel Miles,


Abraham Smith,


Zebulun Potts, and


Christopher Kucher,


Richard Willing,


!


Esquires.


Jonas Hartzell,


William Wilson, Esquire, Councillor elect for the county of Northumberland, attended, and was admitted to a seat at the Board, he having previously taken the oaths required by the Con- stitution of the State.


The oath to support the Constitution of the United States, re- quired by act of Congress of the first day of June last, was also duly administered to Mr. Wilson.


The following orders were drawn upon the Treasurer, vizt :


In favor of the Honorable Christopher Kucher, for the sum of twenty-three pounds five shillings, in full for his attendance in Council untill this day inclusively.


In favor of Griffith Owen, for eleven pounds thirteen shillings and four pence, amount of his account for winding up and taking care of the State House clock for seven months, from the fourth day of March to the third day of October, 1789, according to the Comptroller and Register General's reports of the twenty-second instant.


In favor of the Honorable Samuel Edie, Esquire, for the sum of one hundred pounds, payable out of the fund appropriated for claims and improvements, being the remainder of the sum of one hundred and fifty pounds which was granted by act of Assembly passed the twenty-seventh of March last, for the purpose of open- ing and repairing the public road through Black's Gap, between Chambersburgh and Yorktown, for which sum the Commissioners appointed by Council on the twenty-fourth of June last to super- intend the said work are to account.


The Committee appointed to examine into the several claims of Joseph Perkins, Abraham Morrow and John Nicholson, for new orders of Council, in pursuance of the act of Assembly dated the


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MINUTES OF THE


twenty-ninth of September last, for the several balances due to them for repairing public arms, delivered in a report, which was read the second time and adopted, as follows, vizt :


The Committee to whom was referred the account of John Nich- olson, gunsmith, report a concurrence with the Comptroller and Register General's thereon.


The accounts of Joseph Perkins and Abraham Morrow being re- ferred to the said Committee, they observe that at the settlement of the said accounts with the Comptroller General, the parties enter- ed into an agreement, which is specified on the back of the said accounts, that if the paper should appreciate, they would receive a sum in proportion, to be of equal value as when the account was settled, and if the money should depreciate, they were to receive an additional sum, which said agreement your Committee are of opinion should be adhered to; therefore, offer the following reso- lution :


Resolved, That the accounts of Joseph Perkins and Abraham Morrow be settled and adjusted agreeably to the agreement made. by them with the Comptroller General.


The Council met.


PHILADELPHIA, Saturday, October 24th, 1789.


PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President.


James Read, Jonas IIartzell,


Amos Gregg, William Wilson,


Samuel Miles,


Samuel Edie,


Esquires.


Abraham Smith, Richard Willing,


The Comptroller and Register General's report upon the account of Timothy Morarity, for his pay in the late Pensylvania Navy, amounting to two pounds fifteen shillings and six pence, was read and approved.


A return of the general election of Sheriffs and Coroners held in the county of Mifflin, was received and read, by which it ap- pears that George Wilson and William Wilson were duly elected Sheriffs, and James Taylor and John Wilson Coroners of the said county ; whereupon, it was


Resolved, That George Wilson, Esquire, be appointed and com- misionated Sheriff, and James Taylor Coroner, of the said county of Mifflin.


Thomas Wilson and Thomas Beal were offered and accepted as sureties for the said Sheriff's faithful performance of the duties of his office, according to law.


SUPREME EXECUTIVE COUNCIL. 199


Upon consideration of the report of the committee to whom was referred the petition of Catherine Moore, now confined in the work- house of this city, with an instruction to make enquiry into the particular character of the petitioner,


Resolved, That the said Catherine Moore be pardoned. On motion,


Resolved, That new commissions of the pleas issue to William Brown, William MeCoy, William Bell and James Burns, Esquires, Justices of the Peace of Mifflin county.


The Council met.


PHILADELPHIA, Monday, October 26th, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President. f


The Honorable GEORGE Ross, Esquire, Vice President.


Amos Gregg, William Wilson,


James Read, Samuel Edie,


Samuel Miles, Zebulun Potts,


Esquires.


Abraham Smith, Christopher Kucher, and - Jonas Hartzell, Richard Willing, On motion,


Resolved, That the Vice President, Samuel Miles and Mr. Smith, be appointed a committee to prepare and report to Council a draft of a message to the General Assembly.


The Council met.


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PHILADELPHIA, Tuesday, October 27th, 1789.


PRESENT :


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


Amos Gregg, William Wilson,


James Read, Samuel Edie,


Samuel Miles, Zebulun Potts, Esquires. Abraham Smith, Christopher Kucher, Jonas Hartzell, Richard Willing, On motion,


--- m


Resolved, That the election of a Surveyor General, in the room of John Lukens, Esquire, deceased, (appointed for this day,) be postponed untill Tuesday next.


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200


MINUTES OF THE


Upon the second reading of the petition of John Archibald for remission of a fine of ten pounds, payable to the use of the Com- monwealth, which was imposed upon him at the last Mayor's Court, upon his being convicted of keeping a tippling house,


Resolved, That the said fine be remitted.


Upon consideration of the report of the committee to whom was referred the account of Jacob Bennett, Esquire, Sheriff of the county of Bucks, for the expences of attending the citation of witnesses to attend the hearing before Council of the late contested election of Justices of the Peace in the townships of Northampton and South- ampton, in the county of Bucks, amounting to six pounds eleven shillings and five pence,


Resolved, That the Council approve of the said account, and that three pounds thirteen shillings and eleven pence be paid by the Overseer of the Poor of the township of Northampton, and two pounds seventeen shillings and six pence by the Overseer of the Poor of the township of Southampton, according to the seven- teenth section of an act of Assembly passed the fourth day of March, 1786.


The Council met.


PHILADELPHIA, Wednesday, October 28th, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire. President.


The Honorable GEORGE Ross, Esquire, Vice President.


James Read, William Wilson,


Amos Gregg, Jonas Hartzell,


Abraham Smith, Samuel Miles, Esquires. Christopher Kucher, Samuel Edie, Zebulun Potts, Richard Willing,


A letter from the Secretary at War, at New-York, requesting a list of persons entitled to pensions by the laws of this State, was received and read, and an order was taken that the Secretary apply to the Comptroller General for information on that subject.


A report from William Clingan and John Culbertson, two of the Justices of the Peace appointed to investigate the complaint against an election of Justices of the Peace held in the district of the town- ships of Kennet, East and West Marlborough, in the county of Chester, on the twentieth of December, 1787, was received and read; and no sufficient reason appearing to set aside the said elec- tion, an order was taken to confirm the same ; and thereupon


Robert Cooper was appointed and commissionated a Justice of the Peace and Court of Common Pleas of the said county of Ches- ter, he having a majority of votes.


201


SUPREME EXECUTIVE COUNCIL.


An order was drawn upon the Treasurer in favor of Francis Bailey for one hundred and forty-one pounds and six pence, in full for printing work done for Council from February the fourth, 1788, to October tenth, 1789, according to the Comptroller and Register General's reports.


Three setts of the journals of the first sessions of the House of Representatives of the United States was received.


On motion,


Resolved, That Colonel William Henry, Lieutenant of the city and liberties of Philadelphia, be directed to furnish to Anthony Wright, Quarter Master Sergeant of the battalion of Artillery in this city, fifty weight of gunpowder and ten yards of flannel, to be used by the said battalion on the day of the election of a Presid't and Vice President.


The Council met.


PHILADELPHIA, Thursday, October 29th, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


James Read, William Wilson,


Samuel Miles, Jonas Hartzell,


Abraham Smith,


Samuel Edie, Esquires.


Christopher Kucher,


Richard Willing, and |


Zebulun Potts, Amos Gregg,


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


In favor of John Nicholson, (gunsmith,) for the sum of twenty- three pounds five shillings and two pence, payable out of the fund appropriated for claims and improvements, according to act of As- sembly dated the twenty-ninth of September last, being the ballance due upon his account for repairing public arms belonging to the city and liberties of Philadelphia, as settled by the Comptroller General on the ninth instant.


In favor of George Troutner, for the sum of one pound ten shil- lings, payable out of the monies arising from militia fines in the county of Northumberland, being the amount of his account as settled by the Comptroller General, for militia services for twelve days in making a return of the male white inhabitants of Penn's township, in the said county, according to the act of Assembly passed the fourteenth of February, 1777.


Agreeably to the order of the day, Council proceeded to the consideration of the letter from Doctor Thomas Ruston, of the


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MINUTES OF THE


twenty-sixth instant, claiming his seat in Council for the county of Chester ; and thereupon,


Resolved unanimously, That Doctor Thomas Ruston cannot be admitted to take his seat as councillor for the county of Chester, that county being represented in Council by Colonel Richard Wil- ling, who was elected on the fifteenth day of October, 1788.


A return of the general election of a Councillor and Sheriffs, and Coroners, held in the county of Fayette, was received and read, by which it appears that Nathaniel Breading was duly elected Coun- cillor, and Joseph Torrence and Joseph Hewston, Sheriffs, and Henry Beeson and Thomas Rogers, Coroners of the said county ; whereupon,




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