Colonial records of Pennsylvania, Vol. XVI, Part 19

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


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Assistant Secretary of the Council.


Secretary of the Council.


His Excellency the President, and Honorable the Vice Presi- dent.


Members of the Council, two and two.


Door-keeper of the Council.


Serjeant-at-Arms with the mace.


Honorable the Speaker of the General Assembly.


Members of the General Assembly, two and two. Door-keeper of the General Assembly.


Provost and Faculty of the University.


Officers of the militia.


Citizens.


Council resumed the consideration of the case of James Cassady, who was convicted of a robbery at a Court of Oyer and Terminer and General Jail Delivery, held in the city of Philadelphia on the twenty-ninth day of January last; it being represented to the Board that he will go to Ireland, his native country, if pardoned.


Resolved, That the said James Cassady be and he is hereby par- doned, on condition of his leaving the State within five days from the date hereof, not to return.


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The Council met.


PHILADELPHIA, Saturday, November 7th, 1789.


PRESENT : His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


Samuel Miles, Lord Butler,


James Read,


William Wilson,


Samuel Edie,


Frederick Watt,


Esquires.


Christopher Kucher,


Zebulun Potts, and


Abraham Smith,


Amos Gregg,


Richard Willing,


On motion,


1


Henry Hale Graham, Esquire, was unanimously appointed Pre- sident of the Court of Common Pleas, of the Court of General Quar- ter Sessions of the Peace and Jail Delivery, and of the Orphans' Court, in and for the county of Delaware.


Letters from Daniel Brodhead, Esquire, Surveyor General, nom- inating the following gentlemen Deputy Surveyors, agreeably to act of Assembly passed the eighth day of April, 1785, were re- ceived and read, vizt :


Henry Ream, Deputy Surveyor for part of Lancaster county. Thomas Clarke, for part of Lancaster, Dauphine, & Berks.


William Kersey and John Forsyth, for the county of York.


Matthew Henderson, Deputy Surveyor for part of Cumberland & Franklin.


And George Woods, for part of Bedford county.


Resolved, That the Board concur with the above nominations.


John Stewart and Jacob Smyser, of the county of York, were offered and accepted as sureties for William Kersey and John For- syth, Deputy Surveyors of York county, and Francis Campble and Robert Peoples for Mathew Henderson, Deputy Surveyor of part of Cumberland and Franklin counties.


Upon the second reading of a petition from David English, the elder, who was convicted of forgery in the county of Cumberland, and sentenced by the Court of General Quarter Sessions of the Peace of the said county to pay a fine of five pounds to the use of the Commonwealth, and to stand one hour in the pillory, &ca., praying a pardon, and a recommendation from the Justices of the said court, in favor of the petitioner,


Resolved, That the said David English, the elder, be and he is hereby pardoned.


Council proceeded to the further consideration of the petition and recommendation in favor of Thomas McCully, who was con-


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SUPREME EXECUTIVE COUNCIL.


victed of larceny upon two indictments in the county of Chester ; and on motion, it was


Resolved, To pardon the said Thomas McCully, upon condition of his leaving this State within three weeks from this date, not to return.


Messrs. Rawle, Kennedy, Wynkoop, and Vaux, a committee from the General Assembly, attended, and produced two resolutions of Assembly, of this date, relative to the suit at issue this day between the Judges of the Supreme Court and the Commonwealth, and leaving it discretionary with Council to conduct the action in such manner as they think proper.


Whereupon, it was agreed that Jared Ingersoll, Esquire, be ap- pointed and instructed to assist the Attorney General in the suit, and, with him, to do what they may think most beneficial for the State.


On motion,


Three orders were drawn upon the Treasurer in favor of Mes- sieurs Joseph Rakestraw and William Colliday, for the sum of one hundred pounds each, payable out of the fund appropriated by re- solution of the General Assembly dated the twentieth of March last, for repairing the State House, for which sums they are to be accountable ..


The Council met.


PHILADELPHIA, Monday, November 9th, 1789. PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


Samuel Miles, Samuel Edie,


James Read,


Richard Willing,


Christopher Kucher, Lord Butler, Esquires.


Abraham Smith, William Wilson, and


Frederick Watt, Amos Gregg,


A return of the general election held on the thirtieth day of Oc- tober last, in the county of Westmoreland, was received and read, by which it appears that William Findley, Esquire, was duly elect- ed Councillor, James Gutrey and John Cummings Sheriffs, and Robert Dickey and Robert Hunter Coroners for the said county of Westmoreland ; whereupon,


Resolved, That James Gutrey be appointed and commissioned Sheriff, and Robert Dickey Coroner of the said county.


James Johnston, Thomas Campbell, and John Boggs were offered and accepted as sureties for John Johnston's faithfull perform- ance of the office of Sheriff of the county of Franklin, according to law.


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MINUTES OF THE


Agreeably to the report of the Comptroller and Register Gen- eral, an order was drawn upon the Treasurer in favor of Alexander Hale, for seven pounds fourteen shillings and six pence, amount of his account for making one hundred and thirty-two pigeon holes, to contain the papers of Council, making a new desk, repairing a book case, and furnishing materials.


Upon the application of John Donaldson, Esquire, an order was drawn upon the Treasurer in his favor, for fifty pounds, for defray- ing the expences of the Register General's Office, for which sum he is to account.


A letter from Daniel Brodhead, Esquire, Surveyor General, nominating Samuel Lyons a Deputy Surveyor of the townships of East Pennsborough, Allen, Middleton, West Pennsborough, Ty- boine, Tyrone, Rye, and a part of Greenwood, in the county of Cumberland, was read ; and thereupon,


Resolved, That the Board concur with the said nomination, and that Ephraim Blaine and Alexander McKeechen, Esquires, of the said county, be accepted as sureties for the said Deputy Surveyor.


John Miller and Jacob Erb were offered and accepted as sureties for Henry Rheam, who was appointed a Deputy Surveyor for part of Lancaster county, on the seventh instant; and Jacob Miley and Thomas Mc Wright were accepted as sureties for Thomas Clark, appointed on the same day a Deputy Surveyor for part of Lancas- ter, Dauphine, and Berks.


. A certificate from Alexander McKeechen, Esquire, of the sale of a tract of land of one hundred and seventy-three acres and sev- enty-two perches of land in Middleton township, Cumberland coun- ty, to John Nicholson, Esquire, for the sum of two hundred and eighty pounds ten shillings, as late the estate of Andrew Elliott, who was attainted of high treason, was laid before the Board and read, and a deed directed to issue agreeably thereto.


The Council met.


PHILADELPHIA, Tuesday, November 10th, 1789.


PRESENT : His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


Samuel Miles, Samuel Edie,


James Read, Lord Butler,


Christopher Kucher,


Amos Gregg,


Esquires.]


Abraham Smith,


Zebulun Potts, and


William Wilson,


Frederick Watt,


Agreeably to the Comptroller General and Register General's report, an order was drawn upon the Treasurer in favor of Griffith


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SUPREME EXECUTIVE COUNCIL.


Ewens, for the sum of eight pounds, being the amount of his ac- count against the Commonwealth for the surveying fees of four tracts of donation lands surveyed by him, numbered 54, 55, 184, and 1807, which were not paid by the persons who drew them, and for which tracts patents are made out, and remain with Council.


Upon examination, it appearing that Henry Hale Graham is not a Justice of the Peace for the county of Delaware; therefore,


Resolved, That the commission granted on Saturday last, ap- pointing him President of the Court of Common Pleas, of the Court of General Quarter Sessions of the Peace and Jail Delivery, and of the Orphans' Court of the said county of Delaware, be and the same is hereby revoked and made null and void.


Resolved, That Henry Hale Graham, Esquire, be appointed and commissionated a Justice of the Court of Common Pleas in and for the county of Delaware, and President of the said Court.


The committee to whom were referred the memorial of William Whitman, and the letter from the Comptroller General relative to the said Whitman's pension, delivered in a report, which was read, and on motion, and by special order, the same was read the second time and adopted, as follows, vizt :


The committee appointed some time ago on the memorial of William Whitman, report :


That they have considered the said memorial and the objections made by the Comptroller General.


If the facts are as stated by the memorialist that he had given his parole and was really a prisoner of war from the time of the battle at Germantown, in October, 1777, till the end of the war, your Committee believe he was not only entitled to the depreciation he received but might have recovered his pay and other emoluments also. And if he was deranged in the year 1778, he would by the acts of Congress have been entitled to one year's whole pay. But if as the Comptroller General supposes he was not a prisoner of war and was left out of the arrangement of the Army, in 1778, he has received a certificate for two hundred and six pounds fourteen shillings and ten pence, agreeably to the Comptroller's report, more than he was justly entitled to receive at the time of his settlement. Nevertheless, your Committee are of opinion that it would be impolitic to go in- to the revision of accounts, settled so long ago as the year 1780, nor do they find any law authorising such a revision. That the memorialist was justly entitled to the pension he has obtained your Committee have no doubt.


Taking therefore every circumstance into consideration, they are of opinion that the memorialist ought to receive his pension as here- tofore, and if the State has any demands against him which he dis- putes, the matter ought to be tried in a Court of law.


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MINUTES OF THE


1 The Council met. PHILADELPHIA, Wednesday, November 11th, 1789.


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


Samuel Miles, Samuel Edie,


James Read, Lord Butler,


Amos Gregg, Richard Willing,


Christopher Kucher,


Zebulun Potts, and


Esquires.


Abraham Smith, Frederick Watt,


William Wilson,


A letter from William Richardson Attlee, Esquire, Prothonotary and Recorder of the county of Delaware, inclosing the first commis- sion to Henry Hale Graham, Esquire, as President of the several Courts of said county, (granted on Saturday last, and yesterday re- voked,) was received and read.


The following orders were drawn upon the Treasurer, vizt :


In favor of George McKighan, for sixty-five pounds five shillings and eight pence, being five years' interest to the tenth of April, 1786, due upon his depreciation certificate No. 2511, according to acts of Assembly, dated the twenty-first of March, and twentieth of September, 1783, and twenty-fifth of March, 1786.


In favor of William Whitman, for sixty-five pounds, being due to him for pension untill the first day of May last, according to act of Assembly, dated the twenty-second of September, 1785.


Messieurs Rawle, Hoge and Carson, a Committee from the Gen- eral Assembly, were introduced and informed Council that the House were ready to receive Council, agreeably to the order of the sixth instant, and to proceed with them to the intended election.


Council and the Assembly having met in the Assembly room and their votes collectively being taken, it appeared that His Ex- cellency Thomas Mifflin, Esquire, was unanimously elected Presi- dent, and the Honorable George Ross, Esquire, unanimously elec- ted Vice President of the Supreme Executive Council. After which, Council proceeded with the Assembly to the Court house steps in Market street, where Proclamation of the said elections was duly made, and the following order of procession 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 Errrors and Appeals.


Attorney General and Prothonotary of the Supreme Court.


Wardens of the Port of Philadelphia. Treasurer.


Comptroller General and Register General.


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SUPREME EXECUTIVE COUNCIL.


Secretary of the Land office.


Receiver General & Surveyor General.


Justices of the Peace.


Prothonotary of the Court of Common Pleas and Clerk of the Court of Quarter Sessions.


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


Mayor, Recorder and Aldermen members of the Common Coun'l.


Master of the Rolls & Register of the Wills.


Register of German Passengers and Collector of Excise in the city and county.


Assistant Secretary of the Council.


Secretary of the Council.


His Excellency the President and Honorable the Vice Presi- dent.


Members of the Council two and two.


Door-keeper of the Council.


Serjeant-at-Arms with the mace.


Clerks of the General Assembly.


Honorable the Speaker of the General Assembly.


Members of the General Assembly two and two.


Door-keeper of the General Assembly.


Provostand Faculty of the University.


Officers of Militia,


Citizens.


Council returned to their Chamber, and His Excellency the Pres- ident and the Honorable the Vice President took the oaths required by the Constitution, as a qualification for the exercise of their re- spective offices.


The oath to support the Constitution of the United States, required by act of Congress of the first day of June last, was also duly administered to the President and Vice President.


The Council met.


PHILADELPHIA, Thursday, November 12th, 1789. PRESENT : His Excellency THOMAS MIFFLIN, Esquire, Presid't.


The Honorable GEORGE Ross, Esquire, Vice President.


James Read, William Wilson,


Abraham Smith, Samuel Edie,


Christopher Kucher, Lord Butler,


Esquires.


Richard Willing, Frederick Watt, and


Zebulun Potts, Amos Gregg,


The following orders were drawn upon the Treasurer, vizt :


In favor of his Excellency Thomas Mifflin, Esquire, for the sum of three hundred and seventy-five pounds, being one quarter's sala- ry as President of the State, for which he is to account.


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MINUTES OF THE


In favor of Robert Leslie, for nine pounds, amount of his account for cleaning and repairing the State House clock, according to the Comptroller and Register General's report of the second instant.


In favor of John Pearson, for the sum of ninety-nine pounds five shillings and eight pence in State money, of the emission of April the 7th, 1781, payable out of the fund appropriated by resolution of Assembly of the eighth of April, 1782, being a ballance due upon his certificate for five cattle furnished by him in the year 1780, for the use of the late Continental army.


James Martin, Councillor elect for the county of Bedford, ap- peared, and being qualified as the Constitution of the United States and of this State directs, was admitted to his seat at the Board.


Upon the second reading of the report of the committee to whom was referred the several petitions against Colonel George Woods, late member of Council for Bedford county ; it was


Resolved, To recommit the said report and petitions, and Mr. Edie was named as one of the committee in the room of the Vice President, who is absent.


The Council met.


PHILADELPHIA, Friday, November 13th, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


The Hon'ble James Read, Frederick Watt,


Abraham Smith, Samuel Edie,


William Wilson, Christopher Kucher, Zebulun Potts, James Martin, and - Esquires. Amos Gregg, Richard Willing, Lord Butler,


The Comptroller and Register General's report upon the follow- ing accounts, were read and approved, vizt :


Of Alexander M'Keechen, Esquire, agent for the sale of for- feited estates in Cumberland county, for his commissions upon two hundred and eighty pounds ten shillings, being the amount of the sale of a tract of land in Middletown township in said county, late of Andrew Elliott, attainted of high treason, two pounds sixteen shillings and one penny, and for the expences of said sale, amount- ing to one pound five shillings, for which last mentioned sum an order was drawn upon the Treasurer.


Of James Biddle, Esquire, Prothonotary for the county of Philadelphia, for the tax upon writs from the fifteenth day of No- vember, 1788, untill the fifteenth day of May, 1789, amounting to two hundred and seventy-nine pounds fifteen shillings.


221


SUPREME EXECUTIVE COUNCIL.


Upon motion,


Resolved, That Colonel Miles, Colonel Smith and Colonel Wil- son, be a committee' to confer with a committee of the General Assembly, (should the House think proper to appoint a committee for the purpose) on the distressed situation of wounded and disa- bled soldiers of the Pennsylvania line, whose pensions under the laws of the State have ceased, and who will be deprived of support untill the fifth of March next, the time fixed by Congress for the payment of their pensions at the Treasurer of the United States.


The committee to whom was referred the letter from the Secre- tary of the Treasury of the United States with the enclosures, delivered in a report which was read, and on motion, and by special order the same was read the second time and adopted, as follows, vizt :


That on taking the said letter and resolution enclosed into con- sideration, they find that by the first part of the resolution, the Executives of the several States are called upon for a statement of the several engagements and public debts of the particular States respectively, and of the fund provided or appropriated for the pay- ment of the whole or part of the principal and interest thereof, and that the last part of the resolution calls for a statement of the amount of Loan office certificates, or other public securities of the United States in the Treasury respectively.


That in the opinion of your committee, the first requisition in the resolution embraces every debt and engagement of the State, but they cannot think it necessary for the Secretary of the Trea- sury of the United States to have, nor expedient at this time for the Executive of this Commonwealth to transmit a statement of those debts which have never been authorized by Congress, and with which the United States can never be charged, such as the civil list, the debt due by the States to the late proprietors, the various kinds of paper money issued under the authority of the State, the debt due by traitors whose estates have been confiscated, for demands and engagements for claims and improvements, or any other partic- ular debt properly belonging to this State, or the funds appropriated for the payment of the same.


That in the opinion of your committee, it would be proper at this time to transmit to the Secretary of the Treasury of the United States an authentic statement of all such public debts of this State, which were contracted by the authority of the United States, or with which the United States are justly chargeable, whether they have been redeemed by the State or are yet unredeemed, together with the funds provided by the different laws of this State, for the payment of the principal or interest thereof.


That in the opinion of your committee it would be proper, agree- ably to the last part of the said resolution, that the amount of the Loan Office certificates and other public securities of the United States in the Treasury of this State, should be transmitted to the


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MINUTES OF THE


Secretary of the Treasury of the United States. Your committee therefore recommend the following resolutions:


Resolved, That the Comptroller General be directed to make out and furnish Council, as soon as can be done with convenience, a statement of the whole amount of the depreciation certificates granted to the officers and soldiers of the army and military hospi- tal, by the several laws of this Commonwealth ; also the amount of such certificates as were granted in pursuance of the laws of this Commonwealth, whether for supplies furnished for the pay of the companies of rangers, volunteers or eighteen months' men, or militia ; and also all such expenditures, since the commencement . of the late war, as are chargeable to the United States, together with the funds appropriated, either in whole or in part, to pay the principal or interest thereof.


Resolved, That the Comptroller General be also directed to furnish Council with the amount of all such Loan Office certificates and other public securities of the United States, as are in the State Treasury, and are the property of this State ; and also the amount of the interest paid by this Commonwealth, from time to time, on the Loan Office certificates and other evidences of the public debts of the United States.


The Council met.


PHILADELPHIA, Saturday, November 14th, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, Presid't.


The Honorable GEORGE Ross, Esquire, Vice President.


Samuel Miles, Lord Butler,


James Read,


Samuel Edie,


Christopher Kucher, Zebulun Potts,


Esquires.


A braham Smith, Amos Gregg,


William Wilson,


James Martin, and


Frederick Watt,


Richard Willing,


A letter from Lewis Farmer, Esquire, inclosing a list of one hundred and fourteen German passengers, who have arrived at Philadelphia from the tenth of January to the first of October, 1789, was received and read, and ordered to be filed.


The Comptroller & Register General's report upon the account of James Searle, for his services and expences as an Agent for this State to borrow money in Holland, in the year 1780, and for his pay as a Delegate from this State to Congress, previous to his said agency, by which a balance of five hundred and eight pounds five shillings and two pence appears to he due to the said James Searle, was read and approved.


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SUPREME EXECUTIVE COUNCIL.


Agrecably to the Comptroller General and Register General's report, the following orders were drawn upon the Treasurer, vizt :


In favor of Hugh Barclay, Esquire, for seventy-six pounds thir- teen shillings and two pence, being due to him upon his account as Lieutenant of the county of Bedford, as settled by the Comptroller General on the thirteenth instant, the said sum to be paid out of the monies arising from militia fines in the said county.


In favor of Lucinda Piper, for one hundred and twenty-five pounds fifteen shillings, in full of her pension until the first of September last, agreeably to act of Assembly passed the first of October, 1781; and in favor of Alexander Caul, for two pounds ten shillings and six pence, being his pension until the first of April last, according to act of Assembly dated the twenty-second of Sep- tember, 1785.


The Comptroller and Register General's report upon the account of John Forsyth, Esquire, collector of Excise in the county of York, for excise collected and outstanding between the twenty fifth of September, 1788, to the first of October, 1789, amounting to one thousand five hundred and forty-seven pounds two shillings and one penny, whereof six hundred and fifty pounds one shilling and two pence appears to have been paid into the Treasury, was read and approved.


Upon further consideration of a letter from the Attorney Gene- ral of the twelfth of August last, relative to certain bills of exchange drawn in the year 1775, by Messieurs Stocker and Wharton, mer- chants, for the payment of the amount of which to the State of Pennsylvania they became liable, proposing payment by the execu- tors of said Stocker and Wharton, deceased, of the balance due to the Commonwealth, by a discount of interest due to the company on certain certificates in the possession of the said executors,


Resolved, unanimously, That the said proposal be accepted, and that the Attorney General be instructed to discharge the suit, on payment being made by the said executors accordingly and on their satisfying the costs of suit.


1


The Council met.


PHILADELPHIA, Monday, November 16th, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


. James Read, Lord Butler,


Samuel Miles,


Samuel Edie,


Amos Gregg,


Zebulun Potts,


Christopher Kucher,


Amos Gregg,


Esquircs.


Abraham Smith,


James Martin, and


William Wilson, Frederick Watt,


Richard Willing,


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MINUTES OF THE B


The Council met.


PHILADELPHIA, Tuesday, November 17th, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


James Read,


Lord Butler,


Samuel Miles,


Samuel Edie,


Amos Gregg,


Zebulun Potts,


Christopher Kucher, Amos ·Gregg,


Esq'rs.


Abraham Smith,


James Martin, and 1 --


William Wilson,


Richard Willing,


Frederick Watts,


A letter from Daniel Brodhead, Esquire, Surveyor General, nominating, agreeably to act of Assembly passed the eighth day of April, 1785, Mr. William Wheeler a Deputy Surveyor of that part of Berks county lying on the south side of the road leading from Pottsgrove through Reading to Ellis Hughes, and Francis Yarnall's to Port Augusta, except Clark's district in that county.




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