Colonial records of Pennsylvania, Vol. XVI, Part 22

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


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Resolved, To accept the said several resignations.


The Council met.


PHILADELPHIA, Tuesday, December 15th, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, Presid't.


Samuel Miles,


Nathaniel Breading,


James Read,


Frederick Watt,


Amos Gregg,


Samuel Edie,


Christopher Kucher, Richard Willing,


Esquires.


Abraham Smith,


Henry Taylor,


James Martin,


Zebulun Potts, and


William Wilson, John Wilkins,


Jonas Hartzell,


An order was drawn upon the Treasurer in favor of the Hon- orable Amos Gregg, Esquire, for the sum of one hundred and twenty-six pounds, in full for his attendance in Council from the


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MINUTES OF THE


first of July untill the fifteenth day of December, 1789, inclu- sively.


Upon the second reading of a memorial of John Lownes, Thomas Penrose, Miers Fisher, Richard Tittermary, Tenche Coxe and John Peltz, stating that they have been appointed by a number of the landholders in the district of Southwark, and townships of Moya- mensing and Passyunk, a committee to solicit the execution of an act of Assembly, passed the twenty-ninth of September, 1787, for regulating the said district and townships, and praying that they may be heard in answer to the objections of some persons who were lately heard by Council against the confirmation of the report of the Commissioners appointed by the said act,


Resolved, That the said memorialists be heard before Council on Tuesday next, at ten o'clock, agreeably to their request.


The petition of John Bowling now confined in the jail of this city for larceny, of which he was convicted upon four indictments, praying remission of the fine and punishment at hard labour to which he was sentenced by the city court in April, 1788, for the said offence, was read the second time, with several certificates signed by the Jailor and others, of his good behaviour before and since his conviction ; thereupon,


Resolved, That the said John Bowling be and he is hereby pardoned.


The Council met.


PHILADELPHIA, Wednesday, December 16th, 1789. .


PRESENT :


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


Samuel Miles, Jonas Hartzel,


James Read, Frederick Watt,


Amos Gregg,


Nathaniel Breading,


Christopher,


Samuel Edie,


Esquires.


Abraham Smith,


Richard Willing,


James Martin,


Henry Taylor,


William Wilson,


Zebulun Potts,


John Wilkins,


A certificate from Edward Burd, Esquire, Prothonotary of the Supreme Court, that Stephen Shewell hath entered an appeal from the settlement of his accounts by the Comptroller General, and that he hath given to the Honorable George Bryan, Esquire, one of the Judges of the said Court sufficient security to prosecute the


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SUPREME EXECUTIVE COUNCIL.


same with effect, agreably to the directions of an act of Assembly passed the eighteenth day of February, 1785, was received and read ; whereupon,


Resolved, That the said appeal be allowed.


Upon further consideration of the case of John Logan (Brick- layer) now confined in the jail of this city and county of Philadel- phia, for receiving stolen goods knowing them to be such, .


Resolved, That the said John Logan be and he is hereby par- doned.


A petition from Catherine Kunius, praying remission of the fine of ten pounds, which has been imposed by the last Court of Quar- ter Sessions held in the county of Philadelphia, upon her being convicted of keeping a Tipling house, was read, and the petitioner having produced to Council a recommendation for a Licence from the said Court dated since her said conviction ; it was


Resolved unanimously, To remit the said fine of ten pounds.


The fine of fifteen shillings, to which Mary Williams was sen- tenced by the Court of Quarter Sessions of Philadelphia county for Larceny, was also remitted agreeably to the prayer of her petition, and a recommendation from the keeper of the Workhouse, it ap- pearing that her time of servitude is expired.


Doctor Gregg informed the Board that a mistake had occurred in the account of his attendance in Council as settled yesterday, that the account being stated to be one hundred and twenty-six pounds instead of sixty-nine pounds fifteen shillings; whereupon,


Resolved, 'T'hat the order of yesterday for one hundred and twenty-six pounds be cancelled, and that a new one be issued for the said sum of sixty-nine pounds fifteen shillings for his atten- dance in Council from the fifteenth of September till the sixteenth of December, 1789, both days included,


The Council met.


PHILADELPHIA, Thursday, December 17, 1789. PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President. Samuel Miles, Henry Taylor, James Read, Nathaniel Breading,


Amos Gregg,


Frederick Watt,


Abraham Smith,


Samuel Edie,


1


Esquires. +


Christopher Kucher, John Wilkins,


Richard Willing, William Wilson, and


Zebulun Potts, William Findley,


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


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MINUTES OF THE


Of Robert Walker, junior, of Washington county, for provisions furnished by him for the Sandusky expedition under Colonel Crawford, in the year, 1782, amounting to one pound two shil- lings and six pence.


Of Captain John Read for the pay of his company of Washing- ton county militia in actual service against the Indians, by order of the Lieutenant of the said county, from the twenty-fourth of September to the twenty-ninth of October, 1788, amounting forty- six pounds seven shillings, for which sum an order was drawn upon the Treasurer in favor of the said Captain Real, payable out of the militia fines of the said county.


Of Lieutenant Alexander Kidd for the pay of his company of the ยท said militia in actual service as aforesaid, from the twenty-second of October to the twenty-fourth of November, 1788, amounting to forty pounds sixteen shillings and eight pence, for which sum an order was drawn upon the Treasurer in favor of the said Alexan- der Kidd, payable out of the said fines.


And an order was drawn upon the Treasurer in favor of Fred- erich Sneider for the sum of two pounds six shillings and six pence, being a ballance due upon his account of firewood, &ca., purchased for the use of Council, amounting to twenty seven pounds sixteen shillings and six pence.


Council resumed the consideration of the letter from the com- missioners of the county of Berks, requesting " that Henry Reichart a convict in the jail of that county may be removed to the jail of the county of Philadelphia, agreeably to the twenty-third section of the act of Assembly passed the fifteenth of September, 1786, entitled ' An Act for amending the penal Laws of this State ;'" and thereupon it was moved and seconded that the said Henry Reich- art be removed agreeably to the said request. And on Question to agree to the said motion, Council were equally divided. So the question was lost.


On motion,


Resolved, That the further consideration of the report of the Commissioners appointed by act of Assembly dated the twenty- ninth of September, 1789, to survey and regulate the district of Southwark and townships of Moyamensing and Passyunk, be post- poned until Tuesday next at ten o'clock.


235


SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, Friday, December 18th, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


Samuel Miles,


William Wilson,


James Read,


Jonas Hartzell,


Amos Gregg,


Frederick Watt,


Christopher Kucher,


Samuel Edie,


Esquires.


Richard Willing,


Zebulun Potts,


Nathaniel Breading,


Henry Taylor,


James Martin,


Abraham Smith, and


John Wilkins,


William Findley,


An order was drawn upon the Treasurer in favor of John Don- aldson, Esquire, for one hundred and twenty-five pounds, being one quarter's salary as Register General of the accounts of this State, ending the twenty-eighth of this month, according to the Act of Assembly dated the twenty-eighth of March last.


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


Of John Patton, auctioneer for the city of Philadelphia, for the State duty upon goods sold at auction from the fourteenth day of August, 1788, untill the fourteenth day of August, 1789, amount- ing to one thousand and sixty pounds seven shillings and three pence.


Of Adam Hubley, auctioner for the district of Southwark, for the State duty upon goods sold at auction in the said district from the third day of September, untill the tenth day of December, 1789, amounting to seventy-one pounds one shilling and two pence.


Of William Montgomery, Esquire, for supplies furnished to the troops employed on an expedition to the Janisee country, against the Indians in the year 1782, and for his services therein, amounting to seven hundred and thirty-nine pounds sixteen shillings.


236


MINUTES OF THE


The Council met.


PHILADELPHIA, Saturday, December 19th, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


Samuel Miles, Henry Taylor,


James Read,


Richard Willing,


Amos Gregg, John Wilkins,


Jonas Hartzell,


William Wilson,


Esquires.


Christopher Kucher,


Abraham Smith,


Frederick Watt,


Nathaniel Breading,


Samuel Edie,


James Martin, and


Zebulun Potts, William Findley,


Upon the second reading of a letter from the Comptroller Gene- ral of the seventeenth instant, relative to the mode of settling his accounts by the Register General,


Resolved, That the Register General be and he is hereby instruct- ed to inspect and examine such parts of the transactions and ac- counts of the Comptroller General's as relates to his receipts of certificates from the Receiver General of the Land office, and to ascertain and make report to Council of the amount of the several kinds of certificates so received to the twenty-eighth day of March last, together with the aggregate of interest on the several kinds of certificates received as aforesaid.


The Council met.


PHILADELPHIA, Monday, Decem'r 21st, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


Samuel Miles, James Martin,


James Read, Samuel Edie,


Amos Gregg,


Frederick Watt,


Jonas Hartzell, Richard Willing, Esquires. Abraham Smith, Nathaniel Breading,


Christopher Kucher, Zebulun Potts,


William Wilson, Henry Taylor, and


John Wilkins, William Findley,


The following recommendation was agreed to be given to the Treasurer of the State in conformity with a request contained in


237


SUPREME EXECUTIVE COUNCIL.


his letter of the nineteenth instant, relative to certain difficulties he had experienced in the execution of his duty as Treasurer :


In Council, Philadelphia, Monday, Decem'r 21st, 1789.


SIR :- In consequence of your letter of the nineteenth instant, stating that many difficulties have occurred in your department of State Treasurer, and requesting the instructions of Council thereon, Council recommend to you-


1st. To prevent as much as may be in your power all officers of the State Revenue from receiving in their respective offices in pay- ment of customs, taxes, excise or other public dues, any warrant, order or receipt, whether such warrant or order hath been origi- nally drawn upon you as State Treasurer, or upon your predecessor in office.


2nd. To make no indorsement of interest upon any State or other public certificate, warrant or order, nor to give any receipt for the same unless the interest shall have been paid thereon by yourself or by your direction.


3rd. In the payment of interest due on public securities you will no doubt observe the strictest impartiality, and of consequence will not in any instance allow persons who may be indebted to the State to discharge such debts by means of interest due on certificates of the State in their possession, so as to give them a preference in the payment of their interest.


I am, Sir, your most obedient and most humble servant,


THOMAS MIFFLIN.


CHRISTIAN FEBIGER, Esquire, State Treasurer. S


Upon application of Bernard Hubley, junior, and a recommenda- tion from John Boyd, Esquire, of Northumberland county ; it was


Resolved, To appoint and commissionate the said Bernard Hub- ley, jun'r, Lieutenant of the said county of Northumberland, in the room of Colonel William Wilson, resigned, and a commission was issued accordingly.


Upon the second reading of a letter from the Secretary of the Land office, relative to an application from Jonas Hartzell, Esquire, for a warrant to survey ninety acres of land for his use, situate. within the tract commonly known by the name of the Dry Land in the fork of Delaware river, and county of Northampton,


Resolved, That the same be referred to Mr. Gregg, Mr. Edie and Mr. Smith, to report thereon.


Upon the second reading of the return of an election of Justices of the Peace held in the township of Finley, in the county of Washington, on the twenty-eighth of July last, with a petition against it,


Resolved, That William Smith, Esquire, be appointed and com- missionated a Justice of the Peace, and of the Court of Common Pleas, in and for the said county of Washington, he having a ma- jority of votes.


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MINUTES OF THE


The Council met.


PHILADELPHIA, Tuesday, December 22nd, 1789.


PRESENT :


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


Samuel Miles, John Wilkins,


Amos Gregg,


James Martin,


Christopher Kucher,


Frederick Watt,


Samuel Edie,


Richard Willing,


Esquires.


Abraham Smith,


Nathaniel Breading,


Jonas Hartzell,


Zebulun Potts, and


William Wilson,


Henry Taylor,


Upon the second reading of the petitions and recommendations for the pardon of William Goggan and Daniel Morrison, who were convicted at a Court of Oyer and Terminer and General Jail Deliv- ery, held at Philadelphia on the sixteenth of July last, of harbour- ing persons who had been convicted of capital offences, and receiv- ing from them stolen goods, knowing them to be such; it was


Resolved, That the said William Goggan and Daniel Morrison be and they are hereby pardoned.


Agreeably to the minute of the fifteenth instant, Miers Fisher, Tench Cox and others, attended and were heard before Council, in support of their petition for the confirmation of the report of the Commissioners appointed to survey and regulate the district of Southwark and townships of Moyamensing and Passyunk, agreea- bly to act of Assembly passed the twenty ninth of September, 1787. Several of the land holders in the townships of Moyamen- sing and Passyunk, who object to the said confirmation, were also heard.


The further consideration of the said report was then postponed.


239


SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, Wednesday, December 23rd, 1789.


PRESENT :


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


Samuel Miles, John Wilkins, and


James Read, James Martin,


Amos Gregg,


Nathaniel Breading,


Christopher Kucher, Zebulun Potts,


Esquires.


Samuel Edie,


Henry Taylor, and


Abraham Smith, Jonas Hartzell,


Richard Willing,


Benjamin Burd and Cornelius Devoir, Esquires, were appointed and commissionated Justices of the Peace and of the Common Pleas in and for the county of Bedford, upon returns made accord- ing to law from the districts of Dublin and Londonderry townships, in the said county.


The Council met.


PHILADELPHIA, Thursday, December 24th, 1789.


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


Samuel Miles, William Wilson,


James Read, James Martin,


Amos Gregg,


Nathaniel Breading,


Christopher Kucher, Samuel Edie,


Henry Taylor,


Esquires.


Zebulun Potts,


Frederick Watt, and


Abraham Smith, Jonas Hartzell, John Wilkins, On motion,


Jonas Hartzell,


Resolved, That Colonel Miles, Colonel Smith and Doctor Gregg, be appointed a committee to enquire what forwardness the accounts are in which were directed to be prepared by the Comptroller General, in order to be sent to the Secretary of the Treasury of the United States ; and that the said committee report such assistance as they may think proper to be given to the Comptroller, to expe- lite the business.


240


MINUTES OF THE


The Council met.


PHILADELPHIA, Tuesday, December 29th, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


Samuel Miles, Nathanial Breading,


James Read, Abraham Smith,


Amos Gregg, Samuel Edie,


Christopher Kucher,


Jonas Hartzell,


Esquires.


William Wilson,


James Martin, and


John Wilkins,


William Finley,


Frederick Watt,


The following orders were drawn upon the Treasurer, vizt :


In favor of the Honorable Thomas Mckean, Esquire, for the sum of two hundred and fifty pounds, being one quarter's salary due to him as Chief Justice of the State, ending the twenty-fifth of this month.


In favor of the Honorable George Bryan, Esquire, for the sum of one hundred and fifty pounds, being one quarter's salary due to him as one of the Judges of the Supreme Court of this State, ending the twenty fifth of this month.


In favor of the Honorable Samuel Edie, Esquire, for twenty- . seven pounds, in full of his account for attendance as Councillor, from the twenty-sixth of November till the thirty-first of Decem- ber, 1789, inclusively.


In favor of the Honorable William Wilson, Esquire, for seventy pounds five shillings, in full of his account for attendance in Coun- cil from the twenty-third of October, 1789, untill the third of January, 1790, inclusively, and his mileage coming to Philadel- phia and returning home.


In favor of the Honorable Christopher Kucher, Esquire, for twenty-six pounds five shillings, in full of his account for his at- tendance in Council from the twenty-fifth of November untill the twenty-ninth of December, 1789, inclusively.


In favor of James Hockley, for the sum of forty-nine pounds, payable out of the sum of five thousand pounds specially appro- priated by law for the payment of claims, as soon as that fund shall be sufficiently productive, agreeably to a resolution of the General Assembly passed on the eighth day of this month, being in full of his claim against this Commonwealth as a Commissioner for clearing the river Schuylkill.


Colonel Miles, who was on the bench in the last Mayor's Court during the trial of a certain Abraham Branson for an assault, of which he was convicted, having recommended the prisoner to Council as a proper object of mercy, it was resolved to remit the fine of twenty shillings, which was imposed upon him for that offence.


241


1


SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, Wednesday, December 30th, 1789.


PRESENT :


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


Samuel Miles,


James Martin,


James Read,


Nathaniel Breading,


Amos Gregg,


Samuel Edie,


Christopher Kucher,


Jonas Hartzell, Esquires.


William Wilson,


Abraham Smith,


John Wilkins,


Richard Willing,


Frederick Watt,


William Finley,


Benjamin Elliott, Esquire, Councillor elect for the county of Huntingdon, appeared, and being qualified as the Constitution of this State and the act of Congress of the first of June last directs, was admitted to his seat at this Board.


A letter from John Donaldson, Esquire, Register General, stating that the Comptroller General hath exchanged some certificates without consulting him according to law, was read, and referred to Mr. Miles, Mr. Wilson and Mr. Breading.


A petition from Francis Clow, who hath been convicted of lar- ceny in stealing the property of Aaron Oakford, in the county of Chester, and sentenced to pay a fine of seven pounds to the Com- monwealth, restore the goods stolen, and to undergo a servitude at hard labour for two years, stating that he is afflicted with the dropsey, so as to be totally unable to perform the service required of him by law, and therefore praying that Council would be pleased to grant him a pardon of the said offence, was read, witha certificate from the physician of the jail of said county that the prisoner is in a very weak state of health, and he being recommended by the person injured, and by many other respectable inhabitants of the said county ; it was thereupon


Resolved, That the said Francis Clow, be and he is hereby par- doned.


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MINUTES OF THE


The Council met.


PHILADELPHIA, Thursday, December 31st, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


Samuel Miles, Richard Willing,


James Read,


Nathaniel Breading,


Amos Gregg,


Frederick Watt,


Christopher Kucher,


Samuel Edie, Esquires.


Jonas Hartzell,


Benjamin Elliott,


William Wilson,


James Martin,


John Wilkins. William Findley,


Abraham Smith,


Henry Hale Graham, Esquire, was unanimously appointed a Justice of the Peace in and for the county of Delaware, upon a return made according to law, from the district of the borough of Chester.


The following orders were drawn upon the Treasurer, vizt :


In favor of the Honorable James Read, Esquire, for twenty-four pounds fifteen shillings, in full of his account for attendance in Council, from the twenty-eighth of November to the thirty-first of December, 1789, inclusively.


In favor of the Honorable Jonas Hartzell, Esquire, for forty- eight pounds fifteen shillings, in full for sixty-one days' attendance in Council, between the nineteenth day of October and thirty-first day of December, 1789, and for mileage coming to Philadelphia and returning home.


In favor of the Honorable Samuel Miles, Esquire, for forty-two pounds, in full for his attendance in Council, from the sixth of November untill the thirty-first of December, 1789, inclusively.


In favor of the Honorable William Augustus Atlee, Esquire, for the sum of one hundred and fifty pounds, in full for one quarter's salary as one of the Judges of the Supreme Court, due on the twenty-fifth instant, according to the Comptroller and Register General's report.


Mr. Jonas Hartzell was appointed a member of the Board of Property for the ensuing month.


243


SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, Saturday, January 2nd, 1790.


PRESENT :


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


Samuel Miles, Frederick Watt,


William Wilson, Samuel Edie,


John Wilkins,


Benjamin Elliott,


James Read,


James Martin,


Esquires.


Christopher Kucher,


Richard Willing, and


Jonas Hartzell,


Amos Gregg,


Nathaniel Breading,


The Honorable Christopher Kucher and William Wilson, Es- quires, members of Council, were accepted as sureties for William M'Clay, Esquire, who was on the seventh of last month appointed, agreeably to act of Assembly of the eighth of April, 1785, a Deputy Surveyor of district number eighteen in the new pur- chase.


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


In favor of the Honorable Jacob Rush, Esquire, for one hundred and fifty pounds, in full of his account for one quarter's salary as one of the Judges of the Supreme Court, ending the twenty-fifth of last month.


In favor of the Honorable William Maclay, Esquire, for thirty- three pounds five shillings, in full of his account for the surveying fees of ten tracts of land of five hundred acres each, granted by act of Assembly dated the fourteenth of February, 1789, to the cor- poration of the Ministers, Vestry men and Church Wardens of the German Lutheran congregation, in and near the city of Philadel- phia.


The report of the committee to whom was referred the letter from the Secretary of the Land office of the day of December last, was read the second time and adopted, as follows, vizt :


The committee to whom was referred the letter from David Ken- nedy, Esquire, respecting an application by Jonas Hartzell, Esquire, for a warrant to survey ninety acres of land for his use, within the tract commonly known by the name of the Drylands, beg leave to report :


That it appears to your committee to be business particularly belonging to the Land office, and that any direction from Council would in their opinion be improper.


244


MINUTES OF THE


The Council met.


PHILADELPHIA, Monday, January 4th, 1790.


PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President.


Samuel Edie, Abraham Smith,


William Wilson, James Read,


Nathaniel Breading,


Zebulun Potts,


Frederick Watt,


Amos Gregg,


Esquires.


Richard Willing,


John Wilkins,


Benjamin Elliott,


Samuel Miles,


James Martin,


A letter from Alexander Hamilton, Esquire, Secretary of the Treasury of the United States, of the thirty-first of December last, on the subject of the public securities and indents due to the public creditors of this State, and acknowledging the receipt of the Presi- dent's letter of the twenty-eighth ult., was received and read.


The Council met.


PHILADELPHIA, Tuesday, January 5th, 1790.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


Samuel Miles, Abraham Smith, 7


Nathaniel Breading,


Amos Gregg,


Samuel Edie,


John Wilkins,


Frederick Watt,


Zebulun Potts, Esquires.


Richard Willing,


James Read, and


Benjamin Elliott,


William Finley,




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