Colonial records of Pennsylvania, Vol. XVI, Part 18

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


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Resolved, That Joseph Torrence, Esquire, be appointed and commissionated Sheriff, and Henry Beeson, Coroner of the said county.


The Council met.


PHILADELPHIA, Friday, October 30th, 1789. PRESENT :


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


James Read, Samuel Edie, 7


Samuel Miles, Jonas Hartzell,


Abraham Smith, Christopher Kucher,


Esquires.


William Wilson, Zebulun Potts,


Agreeably to the request contained in the letter from His Ex- cellency the President of the United States, of the third instant, a draft of a Proclamation was laid before the Board, read, and agreed to as follows, vizt :


Pennsylvania, ss :


By the President and the Supreme Executive Council of the Com- monwealth of Pennsylvania.


A PROCLAMATION.


WHEREAS, The President of the United States hath transmitted · to this Council, this Proclamation for a day of public thanksgiving and prayer, requesting that the same might be published and made known in this State in the following words, vizt :


By the President of the United States of America: A PROCLAMATION.


Whereas, It is the duty of all nations to acknowledge the Provi- dence of Almighty God, to obey his will, to be gratefull for his benefits, and humbly to implore his protection and favor :


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SUPREME EXECUTIVE COUNCIL.


And whereas, Both Houses of Congress have by their joint committee, requested me " to recommend to the people of the United States a day of public thanksgiving and prayer, to be observed by acknowledging with gratefull hearts, the many and signal favors of. Almighty God, especially by affording them an opportunity peace- ably to establish a form of government for their safety and happi- ness."


Now therefore, I do recommend and assign Thursday, the twenty- sixth day of November next, to be devoted by the people of these States to the service of that great and glorious being, who is the beneficent author of all the good that was, that is, or that will be. That we may then all unite in rendering unto him our sincere and humble thanks for his kind care and protection of the people of this country, previous to their becoming a nation ; for the signal and manifold mercies, and the favorable interpositions of his Provi- dence in the course and conclusion of the late war ; for the great degree of tranquility, union and plenty which we have since en- joyed; for the peaceable and rational manner in which we have been enabled to establish constitutions of government for our safety and happiness, and particularly, the national one now lately insti- tuted ; for the civil and religious liberty with which we are blessed, and the means we have of acquiring and diffusing usefull know- ledge, and in general, for all the great and various favors which he hath been pleased to confer upon us.


And also, that we may then unite in most humbly offering our prayers and supplications to the Great Lord and Ruler of nations, and beseech him to pardon our national, and other transgressions, to enable us all, whether in public or in private stations, to per- form our several and relative duties properly and punctually ; to render our National Government a blessing to all the people by con- stantly being a government of wise, just and constitutional laws, discreetly and faithfully executed and obeyed ; to protect and guide all sovereigns and nations, (especially such as have shewn kindness unto us,) and to bless them with good government, peace and con- cord ; to promote the knowledge and practice of true religion and virtue, and the encrease of science among them and us; and gen- erally to grant unto all mankind such a degree of temporal pros- perity as he alone knows to be best.


Given under my hand at the city of New York, the third day of October, in the year of our Lord, one thousand seven hundred and eighty-nine.


GEORGE WASHINGTON.


Now, we, the President and Supreme Executive Council afore- said, do recommend the said Thursday, the twenty-sixth day of November next, to be set apart and observed throughout this State


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as a day of public thanksgiving and prayer, for the good and pious purposes expressed in the said Proclamation.


Given in Council under the hand of His Excellency Thomas Mifflin,


Esquire, President, and the seal of the State, at Philadelphia, this thirtieth day of October, in the year of our Lord, one thou- sand seven hundred and eighty-nine, and of the Commonwealth the fourteenth.


THOMAS MIFFLIN.


Attest :- CHARLES BIDDLE, Sec'ry.


A return of the general elections of a Councillor and of Sheriffs and Coroners, held in the county of Allegany, and a return of the general election of a Councillor held in the county of Luzerne, were received and read, by which it appears that John Wilkins, Junior, was duly elected Councillor for the county of Allegany, and James Morrison and Samuel Evalt, Sheriffs, and David Wat- son and John McDowell, Coroners of the said county ; and that Lord Butler, Esquire, was duly elected Councillor for the county of Luzerne.


On motion,


Resolved, That James Morrison be appointed and commissionated Sheriff of the county of Allegany, and Jacob Bousman and Samuel Sample of said county, be accepted as sureties for his faithfull per- formance of the duties of his office according to law.


Resolved, That David Watson be appointed and commissionated Coroner of the said county of Allegany.


Lord Butler, Esquire, Councillor elect for the county of Luzerne, attended and was admitted to a seat at the Board, he having pre- viously taken the oaths required by the Constitution of this State, and also the oath to support the Constitution of the United States, required by act of Congress, passed the first of June last.


On motion,


Resolved, That Tuesday next be appointed for the election of a Measurer of wheat and other corn, and salt, in the room of John Biddle, Esquire, deceased.


Upon the recommendation of Chief Justice Mckean, Judge Shippen, the petit jury, and many other respectable citizens, in fa- vor of a certain Henry Gregemier, who was convicted at the last Court of Oyer and Terminer, held in the county of Philadelphia, of a robbery, and sentenced to undergo a servitude of five years at hard labour, &ca.


Resolved, That the said Henry Gregemier be pardoned, on con- dition of restoring the goods stolen or the value thereof.


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SUPREME EXECUTIVE COUNCILĮ


Council Chamber.


PHILADELPHIA, Saturday, Oct'r 31st, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


Samuel Miles,


Christopher Kucher, )


Abraham Smith,


Richard Willing,


William Wilson,


Zebulun Potts,


Esq'rs.


Samuel Edie,


Lord Butler,


Jonas Hartzell,


The Council met.


PHILADELPHIA, Monday, November 2nd, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


James Read, Jonas Hartzell,


Samuel Miles,


Lord Butler,


Richard Willing,


Samuel Edie,


Zebulun Potts,


Frederick Watt, (now


William Wilson,


returned,) and


Abraham Smith,


Christopher Kucher,


1


The Council met.


PHILADELPHIA, Tuesday, November 3rd, 1789. ' PRESENT : His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.


Samuel Miles, William Wilson,


James Read, Lord Butler,


Abraham Smith, Frederick Watt,


Christopher Kucher,


Jonas Hartzell, and


Richard Willing,


Esquires. Zebulun Potts,


Samuel Edie,


Mr. Lutz, Mr. Neville and Mr. Lilly, a committee from the Gen- eral Assembly attending, were introduced, and informed Council


Esquires.


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MINUTES OF THE


that the house was now met and ready to receive any business which Council might have to lay before them.


The committee were informed that a message was preparing, and would be laid before the House this day, together with several public papers which have been received since the last adjournment of the Assembly.


A draft of a message from Council to the General Assembly was laid before Council, read and approved, as follows, vizt :


A Message from the President and the Supreme Executive Coun- cil to the General Assembly :


GENTLEMEN :- We herewith transmit letters from his Excellency the President of the United States, of the second and third days of October, 1789, with several acts and resolves of the Congress of the United States, which have been received since the last adjourn- ment of the Legislature, 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 clearing 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 Invalid pensioners of the United States.


An Act making appropriations for the present year.


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


An Act to alter the time for the next meeting of Congress, and a resolution for continuing John White, John Wright and Joshua Dawson in office untill the fourth day of February, 1790 ; also a letter from Alexander Hamilton, Esquire, Secretary of the Treasury of the United States, dated September the. twenty-sixth, 1789, in- closing two resolutions of the House of Representatives of the United States, dated the twenty-first of the same month, respecting the public debts.


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


Two letters from Henry Knox, Esquire, Secretary at War, of the sixth and nineteenth of October, 1789, inclosing an extract of an act of Congress, dated the twenty-ninth day of September, which authorizes the President of the United States to call into service from time to time, such parts of the militia as he may judge neces- sary for the protection of the inhabitants of the frontiers of the United States, from the hostile incursions of the Indians, and re- questing a list of persons entitled to pensions by the laws of this State.


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SUPREME EXECUTIVE COUNCIL.


Copies of the Journals of the first sessions of the Senate and of the House of Representatives of the United States, also accompanying this message.


By several resolves of the General Assembly, in the year 1775 and 1776, and by act of the twentieth of March, 1777, four hundred thousand pounds were emitted in bills of credit, of which there remained unredeemed by the last report of the Comptroller General, two hundred and twenty-five thousand six hundred and ninety-nine pounds. The holders of such bills are intitled to receive in lieu thereof bills of credit of April, 1781, at the rate of one hundred and seventy-five for one; we are of opinion that a day should be fixed for the final redemption of those bills.


By an act of Assembly of the first day of June, 1780, Council were authorized to appoint agents in the several counties of this State to purchase horses and provisions for the army of the United States, for which articles, certificates bearing an interest of six per cent, were given by the agents; of those certificates there remain unpaid to the amount of four thousand pounds in paper bills of 1781, we recommend. to the General Assembly to limit the time for the exchange of all such certificates.


A law should be passed to prevent the receipt of certificates of the United States in the Land office.


The act of Assembly of the eighth day of April, 1785, which established the salaries of the officers of the land office, and required them to account on oath, for all fees received in their respective offices, expired on the first day of May last. That law we are of opinion should be revived.


We submit to the Legislature the propriety of a revision of all laws of this State, which interfere with the acts or resolves of the Congress of the United States.


The laws relative to the health office are imperfect. The introduc- tion of infectious diseases into the State is not sufficiently guarded against, nor is the allowance to the officer adequate to the appoint- ment. This subject we recommend to the early attention of the Gen- eral Assembly.


We recall the attention of the House to the claims of the widows and children of deceased officers of the Pennsylvania line, Flying Camp, State Regiments and State Navy. Orphans' Courts contin- ue to draw orders for the payment of pensions, in conformity with the act of Assembly of the first day of March, 1780, although the funds out of which payment of pen. heretofore been made, have by subsequent acts been appropriated to other purposes.


A limitation of the time for bringing suits against the sureties of Sheriffs, and of the time for exhibiting claims against the State, for supplies and personal services during the late war, we are of opinion will be of public utility.


THOMAS MIFFLIN.


Council Chamber, Philad'a, Novem'r 3rd, 1789.


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MINUTES OF THE


Mr. Wilson was appointed a member of the Board of Property for the present month.


Agreeably to the order of the day, Council proceeded to the election of a Surveyor General of this Commonwealth, in the room of John Lukens, Esquire, deceased, and of a measurer of wheat and other grain, and of salt, in the room of John Biddle, deceased ; and the ballots being taken for the candidates for the said several offices, it appeared that Daniel Brodhead was duly elected Surveyor General of the said Commonwealth, and that Benjamin Davis, Jun'r, was duly elected measurer of wheat and other grain, and of salt, in and for the said Commonwealth.


A return of the general election of Sheriffs and Coroners held in the city and county of Philadelphia, was laid before Council and read, by which it appears that James Ash and William Will, were duly elected Sheriffs, and John Leacock and Peter Jodon Coro- ners ; whereupon,


Resolved, That James Ash, Esquire, be appointed Sheriff, and John Leacock Coroner, of the said city and county of Philadelphia.


A letter containing additional instructions to the commissioners appointed on the second of October last to view the obstructions to the navigation of the river Susquehanna and Juuiata, was writ- ten and agreed to, as follows, vizt :


In Council, Philadelphia, November 3rd, 1789.


GENTLEMEN :- Your information received by Council since the date of our letter of instructions to you, we think it proper to give you the following directions for your immediate government, which you are most strictly to observe : You are to confine your- selves to the falls and obstructions of the river Susquehanna, from Wright's Ferry up the said river to include the head of Mc- Kee's Half Falls, and from the mouth of the river Juniata up the said river, to include the head of Aughwick Falls. Council are induced to give you these additional instructions from the necessity of having your report of the probable expence of removing the several obstructions, and improving the navigation of the said rivers between those distances, to be laid before the General As- sembly in their present sessions.


I am, gentlemen, with great respect, Your most obedient and very humble servant,


GEORGE ROSS, V. P.


To the Commissioners appointed to view


the rivers Susquehanna and Juniata. S


SUPREME EXECUTIVE COUNCIL.


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The Council met.


PHILADELPHIA, Wednesday, November 4th, 1789.


PRESENT : His Excellency THOMAS MIFFLIN, Esquire, President.


The Honoroble GEORGE Ross, Esquire, Vice President.


James Read, Jonas Hartzell, 1


Abraham Smith, Samuel Edie,


Richard Willing,


Frederick Watt,


Esquires.


Christopher Kucher, Zebulun Potts,


William Wilson,


Samuel Miles, and


Lord Butler,


Richard Willing,


An order was drawn upon the Treasurer in favor of Frederick Sneider, for fifteen pounds ten shillings, in full for his attendance as Door-keeper to Council for the month of October, 1789.


Ephraim Douglass, Esquire, and James Paul, of the county of Fayette, were offered and accepted as sureties for Joseph Terrance's faithfull performance of his office of Sheriff of the said county, according to law.


On motion,


Resolved, That Friday next be assigned for going into the ap- pointment of a President of the several courts of the county of Delaware.


Upon a letter from the Commissioners of the county of North- ampton, requesting Council to issue their warrant for the removal of a certain George Sinclaire, who hath been convicted of a bur- glary in the said county, and sentenced to a servitude of ten years at hard labour, &ca.,


Ordered, That a warrant under the lesser seal of the State be now issued for removing the said George Sinclaire from the jail of the county of Northampton to the jail of the city and county of Philadelphia, agreeably act of Assembly of September, 1786.


A return of an election of Justices of the Peace from the dis- trict of the townships of Delaware and Upper Smithfield, in the' county of Northampton, was laid before Council and read, and an order taken that the said return be transmitted to the Clerk of the Peace of said county, the same being defective for want of the tally list, the list of voters, and not being entered with the Pro- thonotary of the county, whose certificate is necessary to make the return compleat.


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VOL. XVI .- 14.


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The Council met.


PHILADELPHIA, Thursday, November 5th, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


James Read, Samuel Edie,


Samuel Miles,


Zebulun Potts,


Abraham Smith,


Lord Butler, and


Esquires.


Christopher Kucher,


Frederick Watt,


William Wilson,


Upon the petition of John McPherson, of the county of York, for the pardon of his negro, Harry, who was convicted of larceny at a Court of General Quarter Sessions of the Peace and Jail De- livery held in and for the said county in the month of October last, and sentenced by the said Court to pay to the use of the Common- wealth a fine of one pound eighteen shillings and two pence, and undergo a servitude of three months at hard labour, &ca.,


Resolved, That the said fine and the punishment at hard labour be remitted.


Daniel Brodhead, Esquire, appointed on the third instant Sur- veyor General of this Commonwealth, now offered as his sureties for the faithfull performance of his said office, according to law, Reynold Keen, Joseph Carson, and William Bell, who were ac- cepted as such.


On motion,


Resolved, That Friday next be assigned to consider of the pro- priety of appointing Peter Miller, of Philadelphia, and Benjamin Wallace, of Dauphine county, Justices of the Common Pleas.


Returns of the general elections of Sheriffs and Coroners held in the counties of Franklin and Huntingdon on the second Tuesday of October last, were received and read, by which it appears that John Johnston, Henry Work, and Thomas Brown, were duly elected Sheriffs, and George Clark and Thomas McLean Coroners of the county of Franklin, and John Patton and Alexander Ramsey Sheriffs, and Lodowick Sell and William Enyeart Coroners of the county of Huntingdon ; whereupon,


Resolved, That John Johnston, Esquire, be appointed Sheriff, and George Clark Coroner of the county of Franklin, and John Patton, Esquire, Sheriff, and Lodowick Sell Coroner of the county of Huntingdon.


A certificate from Doctor Benjamin Duffield, that Thomas Ar- cher, a prisoner confined in the jail of this city for an assault and battery, is dangerously ill of a pleurisy, was laid before Council and read, together with a petition from the prisoner, praying that


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SUPREME EXECUTIVE COUNCIL.


in consideration of his illness, Council will be pleased to remit the fine of thirty shillings imposed upon him for the said offence, and to release him from confinement : whereupon,


Resolved, That the fine aforesaid be remitted, and that the peti- tioner be released from confinement, agreeably to the prayer of his petition.


An order was drawn upon the Treasurer in favor of the Hon- orable Samuel Miles for the sum of seventy-five pounds ten shil- lings, being in full for his attendance in Council from the first of July to the fifth of November, 1789, inclusively, (deducting four- teen days' absence.)


James Ash, Esquire, offered as sureties for his faithfull per- formance of the office of Sheriff of the city and county of Phila- delphia, according to law, Brian Wilkinson, James Craig, Jun'r, Joseph Cowperthwait and Andrew Tybout, who were accepted.


Petitions from Arthur French and Thomas McCartney, two pris- oners confined in the jail of the city and county of Philadelphia, praying Council to pardon the several offences of which they have been convicted, were read; and it being represented to Council that their families are in great distress, and likely to become a public charge; therefore,


Resolved, That the said Arthur French and Thomas McCarty be pardoned.


A petition from John Simpson, a prisoner confined in the same jail, praying a pardon, was also read, together with a certificate from the Jailor of his having behaved himself orderly since his confinement; thereupon,


Resolved, That the said John Simpson be pardoned, on condi- tion of his departing this State within three weeks from this date, not to return.


The Council met.


PHILADELPHIA, Friday, November 6th, 1789. PRESENT :


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


James Read, Abraham Smith,


Samuel Edie, Frederick Watt,


Christopher Kucher, Zebulun Potts,


William Wilson,


Amos Gregg, and Esquires. Lord Butler, Samuel Miles,


Richard Willing,


Returns of the General Election held in the counties of Bedford and Washington, on the second Tuesday in October last, were re-


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ceived and read, by which it appears that the following gentle- men were duly elected, vizt :- James Martin, Councillor; Arthur McGaughey and John Cessna, Sheriffs; and Thomas Vickror and Thomas McGaughey, Coroners, of the county of Bedford. Henry Taylor, Councillor ; David Williamson and William Wallace, Sher- iffs; and Samuel Clark and Sashbazer Bently, Coroners; where- upon,


Resolved, Arthur McGaughey be appointed and commissionated Sheriff, and Thomas Vickror, Coroner, of the county of Bedford ; and David Williamson, Sheriff, and Samuel Clark, Coroner, of the county of Washington.


Samuel Davidson and George Funk were offered and accepted as sureties for the Sheriff of the county of Bedford ; and Wil- liam Parker and John Lemon, sureties for the Sheriff of the county of Washington.


The order of the day for the appointment of a President of the several Courts in the county of Delaware, and for considering of the propriety of appointing Peter Miller and Benjamin Wallace Justices of the Common Pleas, was postponed.


Upon the second reading of the letter from Alexander Hamilton, Esquire, Secretary of the Treasury of the United States, relative to claims of this State against the United States, and the letter from Henry Knox, Esquire, Secretary at War, requesting a list of . persons entitled to pensions by the laws of this State,


Resolved, That the same be referred to Colonel Smith, Christo- pher Kucher and Lord Butler, with an instruction to confer with the Comptroller General thereon.


Agreeably to the Comptroller and Register General's report of this day, an order was drawn upon the Treasurer in favor of John Armstrong, Jun'r, Esquire, for three hundred and eighty-seven pounds fifteen shillings, being a ballance due upon his account for his pay as a Delegate from this State to the late Congress of the United States.


Mr. Gurney, Mr. Lilly and Mr. Kennedy, attending, were in- troduced, and informed Council that they were a committee from the General Assembly appointed to confer with the Board respect- ing the election of a President and Vice President of the Supreme Executive Council; whereupon, a Conference was held, and with the committee it was agreed that on Wednesday next, at eleven o'clock in the forenoon, in the Assembly Room, the election of a President and Vice President should take place, and the following order of procession to the old Court House, in Market street, be observed, vizt :


Constables with their staves.


Sub-Sheriffs with their wands.


High Sheriff and Coroner with their wands.


Judges of the Supreme Court, and Judges of the High Court of Errors and Appeals.


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SUPREME EXECUTIVE COUNCIL. .


Attorney General and Prothonotary of the Supreme Court.


Wardens of the Port of Philadelphia. Treasurer.


Comptroller General and Register General.


Secretary of the Land Office.


Receiver General and Surveyor General.


Justices of the Peace.


Prothonotary of the Court of Common Pleas, and Clerk of the Court of Quarter Sess's.


Clerks of the Mayor's Court and of the Corporation.


Mayor, Recorder and Alderman.


Members of the Common Council.


Master of the Rolls and Register of Wills.


Register of German passengers, and Collector of Excise in the city and county of Philadelphia.




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