USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XVI > Part 27
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Resolved, That the said fine be remitted.
Two letters from Daniel Brodhead, Esquire, Surveyor General, dated the twenty third of February, 1790, informing Council that he has appointed the following gentlemen to be deputy Surveyors, were received and read, vizt :
Benjamin Lodge, Esquire, to be Deputy Surveyor of a district bounded and described as follows, vizt :
Beginning at Fort Pitt, and from thence extending up Mononga- hela river to the mouth of Youghiogeny river, thence up the same to the mouth of Jacobs creek, thence up the said creek to Cherry's Mill, thence by the line of Fayette county to the line di- viding the counties of Bedford and Westmoreland, thence along said line to the great road leading from Bedford to Fort Pitt, thence along said road (through Hannas Town) to the beginning, and likewise of the district Number 5, in the Donation Lands.
And John Moore, Esquire, to be Deputy Surveyor of a district bounded and described as follows, to wit :
Beginning at Pittsburgh, and from thence extending up the Alle- gany river to the mouth of the river Kiskamanetas, thence up the same to the mouth of Loyalhanning creek, thence up Cone- maugh river to Bedford county line, thence by the same to the Old Pennsylvania road, thence along said road by Ligonier, Proc- tors', Hannas town, Meyers, Elliotts, &ca., to the beginning, and submitting the said appointments to Council for their approbation agreeably to act of Assembly, dated the eight of April, 1785; whereupon, it was
Resolved, That Council approve of the said appointments, and that the following gentlemer. be accepted as sureties for the said Deputy Surveyors, vizt :- John Baird and William Findley, Es- quires, for Benjamin Lodge; and William Jack, and Daniel St. Clair, for John Moore.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILAD'A, Wednesday, March 3d, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles, James Martin,
James Read, Zebulun Potts,
Amos Gregg, Frederick Watts,
Christopher Kucher,
William Wilson,
Esquires.
Jonas Hartzell, Richard Willing,
Abraham Smith,
William Findley, and
Henry Taylor,
Lord Butler,
Nathaniel Breading,
The Comptroller and Register General's reports upon the ac- count of John Piper for cash paid by him for the carriage of public arms from Philadelphia to Hagerstown, amounting to five pounds ten shillings specie, was read and approved.
On motion,
Resolved, That Wednesday next be assigned for hearing the At- torney General, and Anthony Cuthbert, relative to said Cuthbert's claim to a City Lot under an old right. .
The Council met.
PHILADELPHIA, Thursday, March 4th, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.
Samuel, James Martin,
James Read, Frederick Watts,
Christopher Kucher, William Wilson,
Abraham Smith,
Richard Willing, Esquires.
Henry Taylor,
William Findley, and
Nathaniel Breading, Zebulun Potts,
Lord Butler,
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A letter from the Comptroller General of the third instant, in- closing a letter from Sharp Delany, Esquire, who is appointed by the United States to pay the pensioners in this State, and request- ing instructions from Council relative to the delivery of the certi- ficates in the possession of the State which have been granted to VOL. XVI .- 20.
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pensioners by the Supreme Court and Orphans' Courts under the laws of this State.
Resolved, That the Comptroller General be and he hereby is authorised and directed to deliver to Sharp Delany, Esquire, such certificates in his possession as have been granted by the Judges of the Supreme Court or Orphans' Courts of this State to officers and soldiers entitled to pensions under the Laws of Pennsylvania, to enable the said Sharp Delany, Esquire, to settle with, and to pay the said pensioners agreeably to instructions received by him from the Secretary of War at New York.
The Comptroller General to take Mr. Delany's receipt or receipts for certificates so delivered containing a stipulation for the safe return of the same to the said Comptroller General.
Upon the second reading of the report of the Committee to whom was referred the application for a new order in favor of Demus Linsley,
Resolved, That the order which was granted to him for forty- four pounds one shilling and nine pence on the tenth of Decem- ber, 1789, on the Militia fines of Washington county be cancelled, and that a new order for the same sum be issued, payable out of the Militia fund of the county of Lancaster.
Upon the petition of Rebecca Thompson, and a recommendation from the Commissioners of the county of Philadelphia, for remis- sion of the fine of one pound fifteen shillings, and punishment at hard labour, to which the petitioner was sentenced by the Court of Quarter Sessions of the county of Philadelphia, upon being.con- victed of larceny in December, 1788 ; it was
Resolved, That the said Rebecca Thompson be and she is hereby pardoned.
General Watts presented a petition from William Purdy praying to be appointed Excise Officer in the county of Mifflin, and the petitioner being recommended to Council as a suitable person for that office,
Resolved, That the said William Purdy be appointed Collector of Excise in the said county of Mifflin.
The further consideration of the memorial of Edward Williams was postponed.
295
SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Friday, March 5th, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
James Read, James Martin, 7
Samuel Miles,
Zebulun Potts,
Christopher Kucher,
Frederick Watts,
Jonas Hartzell,
William Wilson,
Abraham Smith,
Richard Willing,
Amos Gregg,
William Findley, and
Henry Taylor,
Lord Butler,
Nathaniel Breading,
Thomas Turbett and Samuel McIlvaine, of the county of Mifflin, were offered and accepted as sureties for William Purdy, Collector of Excise in the said county.
A return of the election of John Derr, as Lieutenant of the sev- enth company of the first battalion of the militia of Northampton county, and of John Dillinger, as Ensign of the same company, being made to Council by John Craig, Esquire, Lieutenant of the said county, and the same being read, it was
Resolved, That commissions issue accordingly.
The Council met,
PHILADELPHIA, Saturday, March 6th, 1790.
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PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles, James Martin,
James Read, Zebulun Potts,
İ
Christopher Kucher, Jonas Hartzell,
Frederick Watts,
William Wilson,
Esquires.
Abraham Smith,
Richard Willing,
Amos Gregg,
William Findley, and -
Henry Taylor, Nathaniel Breading,
Lord Butler,
1
Upon the second reading of the petition from Catherine Rush, praying that the Attorney General may be directed to enter a noli prosequi in favor of her daughter Catherine Somers, who is charged with a larceny in the shop of a certain William Burgess, in this. city,
Resolved, That the said petition be referred to the Attorney General.
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Esquires.
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MINUTES OF THE
The Council met.
PHILADELPHIA, Monday, March 8th, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
James Read, William Wilson,
Amos Gregg,
William Findley,
Samuel Miles, James Martin,
Christopher Kucher,
Nathaniel Breading,
Esquires.
Jonas Hartzell,
Frederick Watts,
Abraham Smith, Lord Butler, and
Henry Taylor, Zebulun Potts,
The Committee to whom was referred the memorial of Lewis Farmer, in behalf of the corporation of ministers, trustees, elders, deacons of German Reformed congregation in the city of Philadel- phia, delivered in a report, which was read and adopted as follows, vizt :
That having considered the memorial they are of opinion that the request of the memorialists to have the warrants which have been issued for five thousand acres of land, within the last pur- chase of the Indians cancelled, and others to issue generally agree- ably to the Act of Assembly, may without any impropriety be com- plied with, and therefore offer the following resolution :
Resolved, That on the corporation of the ministers, trustees, elders and deacons of the German Reformed congregation in the city of Philadelphia, transferring to the Commonwealth the war- rants which they have obtained for five thousand acres of land, within the last purchase of the Indians, the Secretary of the Land office be and he is hereby directed and authorized to issue warrants to the said corporation for five thousand acres of land to be located, set out and surveyed within the unappropriated lands of this State, agreeably to the directions of an Act of Assembly, entituled An Act to grant to the corporation of the ministers, trustees, elders and deacons of the German Reformed congregation in the city of Philadelphia, in the State of Pennsylvania, certain lands therein mentioned for endowing the free school for the use of the moor of the said congregation : Provided, nevertheless, That all charges and expences attending such transfers, and the issuing or granting of new warrants be paid by the congregation above mentioned.
Upon the report of the Committee to whom was referred the petition and recommendation in favor of John Manderfield, for re- mission of a forfeiture of one hundred and fifty pounds to the use of the Commonwealth, which he has incurred by reason of the non- appearance of Elisha Brewer, Adam Rice and Thomas Bailey, in the City Court, to answer to an indictment for a cheat, they hav-
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SUPREME EXECUTIVE COUNCIL.
ing absconded before trial, and for whose appearance the petitioner became bound by recognizance; it was
Resolved, That the sum of one hundred and twenty pounds of the said forfeiture of one hundred and fifty pounds, be remitted.
A letter from Thomas Ryerson, Esquire, member of Assembly, relative to the defence of the western frontiers against the incur- sions of the Indians, was received and read ; whereupon, it was
Resolved, That to morrow be assigned for taking into considera- tion the several papers now before Council on the subject of a frontier defence.
The Council met.
PHILADELPHIA, Tuesday, March 9th, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
James Read, William Wilson,
Samuel Miles,
William Finley,
Amos Gregg,
James Martin,
Christopher Kucher, Jonas Hartzell, Frederick Watts,
Nathaniel Breading,
Esquire.
Abraham Smith, Lord Butler, and
Henry Taylor, Zebulun Potts,
Benjamin Lodge, Esquire, appointed and approved as a Deputy Surveyor on Tuesday last, having transmitted a bond executed by himself and by Christopher Hays and Nehemiah Stokely, as his sureties, it was agreed to accept them as such, and that Mr. Find- ley, and Mr. Baird, who were accepted as sureties for Mr. Lodge, discharged therefrom.
The bond being dated prior to the appointment of Mr. Lodge ; it was
Ordered, That a new one be executed.
A petition from John Rankin, who was attainted of high treason against this Commonwealth, by a Proclamation of Council issued in pursuance of an Act of the General Assembly passed the sixth day of March, 1778, for the attainder of divers traitors, &ca., stating that he is desirous of returning to this State, and praying that Council would be pleased to grant him a pardon that he may be re- stored to the rights of a citizen of this State, was read the second time ; and thereupon,
Resolved, That the said John Rankin be pardoned.
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MINUTES OF THE
The Council met.
PHILADELPHIA, Wednesday, March 10th, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
James Read, James Martin,
Amos Gregg,
William Wilson,
Christopher Kucher,
Frederick Watts,
Jonas Hartzell,
Lord Butler, Esquires.
Zebulun Potts,
Abraham Smith, and
Henry Taylor,
William Findley,
Nathaniel Breading,
A petition from Mary Reib, of the county of Westmoreland, who was convicted at the last Court of General Quarter Sessions of the said county, of fornication and bastardy, and sentenced by the said Court to pay a fine of ten pounds to the use of the Common- wealth, stating that she is unable to pay the said fine, is now con- fined in the jail of the said county, and praying that Council would be pleased to take her distressed case into consideration, and remit her fine was read ; whereupon,
Resolved, That the said fine be remitted.
George Finley, Esquire, was appointed and commissionated a Justice of the Peace and of the Court of Common Pleas in and for the county of Westmoreland, upon a return made according to law from the district of the township of Wheatfield, in the said county.
The committee to whom was referred the petition of John Bryce, with the letter from John Nicholson, Esquire, made a report, which was read and adopted, as follows, vizt :
" That John Bryce became the purchaser of an undivided moiety of a tract of land in Sadsbury township, in the county of Chester, forfeited by Francis and William Armstrong, attainders of high treason ; that said Bryce has paid the Commonwealth for the same, and since conveyed his title to John Nicholson, Esquire; that it appears by the last will and testament of the late father of the said Francis and William Armstrong, that their mother, the widow of the testator, has an annuity of ten pounds as a dower, out of the said estate, and that it appears by a certificate of one of the agents for the sale of forfeited estates in Chester county, that said moiety was not sold subject to any such annuity or incumbrance what- ever.
" The committee are, therefore, of opinion, that it is out of the power of Council to refund the money that has been paid, or give any relief against the annuity, as the estate was sold without any reserve, or mention made of such incumbrance, and that the title
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SUPREME EXECUTIVE COUNCIL.
of the purchaser ought not to be affected thereby. They therefore, offer the following resolution :
" Resolved, That a deed be made in the usual form to John Nicholson, Esquire, for one moiety of a tract of land in Sadsbury township, Chester county, forfeited by the attainder of Francis and William Armstrong, and sold by the Commissioners for the sale of confiscated estates to John Bryce, who conveyed his right to the said John Nicholson."
The Comptroller and Register General's reports upon the ac- count of George Weimer, for five pounds six shillings and six pence, and of John Hilligas for nineteen pounds three shillings and eight, being balances due by the Commonwealth to them upon their several certificates for supplies furnished for the use of the Continental army in the year 1780, were read and approved.
Upon the report of the Committee to whom was referred the pe- tition of Galbraith Logan, now confined in the jail of this city at hard labour, for harbouring and maintaining persons convicted of capital offences and made their escape, knowing them to have been so convicted, it was
Resolved, That the said Galbraith Logan be pardoned.
The Attorney General and Anthony Cuthbert attended, agreea- bly to the order of Council of the third instant. Mr. Cuthbert then produced sundry papers in support of his claim to a city lot near the Centre square, in right of Reese Price, from which it ap- peared that the heirs of Reese Price were entitled to the lot in ques- tion, but Mr. Cuthbert's right under them not being established to the satisfaction of the Board, it was, therefore, agreed to postpone the further consideration of the business, and that Mr. Cuthbert be required to furnish such other evidence of his title under Reese Price being compleat, as the Attorney General shall judge sufficient.
The Council met.
PHILADELPHIA, Thursday, March 11th, 1790.
PRESENT ;
His Excellency THOMAS MIFFLIN, Esquire, President.
Samel Miles, Nathaniel Breading,
James Read, James Martin,
Christopher Kucher, William Wilson,
Amos Gregg, Lord Butler, .
Esquires.
Jonas Hartzell, Abraham Smith,
Zebulun Potts, Frederick Watts, and -
Henry Taylor, Richard Willing,
The Comptroller General's reports upon the account of John Donaldson, Esquire, Register General, for cash advanced by him to
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MINUTES OF THE
pay his Clerk, amounting to one hundred and eleven pounds ten shillings and two pence, was read and approved.
A letter from Anthony Butler, agent for John Penn, junior, and John Penn, Esquires, requesting Council to issue an order for pay- ing to the said Messieurs Penns the sixth installment of one hun- dred and thirty thousand pounds sterling, which was granted by act of Assembly passed the twenty-seventh day of November, 1779, to the late Proprietaries, was read and referred to the Comp - troller General to report thereon.
A transcript from the Journals of the Assembly, containing a re- port of a Committee upon the memorial of a number of the inhabi- tants of Westmoreland county, relative to the excise, and a resolu- tion of the House of the ninth instant, "requesting Council to take the most effectual means in their power to compell all delinquent Excise officers to pay into the State Treasury all monies due for excise, whether in the hands of said officers or of individuals," was received and read, and to-morrow assigned for the consideration thereof.
The Council met.
PHILADELPHIA, Friday, March 12th, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles, Nathaniel Breading, 7
James Read,
James Martin,
Christopher Kucher,
William Wilson,
Jonas Hartzell,
Lord Butler, Esquires.
Abraham Smith,
Frederick Watts,
Amos Gregg,
Zebulun Potts, and
Henry Taylor,
Richard Willing,
Agreeably to the minutes of yesterday, Council proceeded to the consideration of the resolution of the General Assembly of the ninth instant, relative to the delinquent Excise officers ; whereup- on, it was
Resolved, That the Comptroller General be and he hereby is re- quired to take the most speedy and effectual measures for obtain- ing settlements of the accounts of all Excise officers of this State who have neglected to account with him agreeably to law, and in all cases where balances may be found due from such officers to the State, the said Comptroller is instructed to inforce immediate payment of such ballances.
Resolved, That the Comptroller General lay before Council a list of all Collectors of Excise who have neglected to settle with him according to law.
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SUPREME EXECUTIVE COUNCIL.
Colonel Isaac Melcher, who was appointed by the Council of Safety in December, 1776, Barrack Master General, with the rank of Colonel, and continued in the office untill the fourteenth of Au- gust, 1778, when the same was abolished by the Supreme Execu- tive Council, having requested this Council to grant him a certifi- cate of his said appointment, and of his having settled his accounts · agreeably to law, and it appearing by an extract from the Comp- troller General's books, that the said Colonel Melcher settled his accounts with the State in due time, it was thereupon
Resolved, That such certificate be granted to him.
The Council met.
PHILADELPHIA, Saturday, March 13th, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles, William Findley,
James Read, James Martin,
Christopher Kucher, Nathaniel Breading, Jonas Hartzell, Lord Butler,
Abraham Smith, Henry Taylor,
Esquires.
William Wilson, Zebulun Potts, and
Frederick Watts, Richard Willing,
Amos Gregg,
An invitation to Council from the faculty of the university to attend the public examination of candidates for degrees in medicine, to be held in the hall of the University on Monday next, at ten o'clock in the forenoon, was received and read, and it was agreed to attend.
Mr. Finley laid before Council a transcript of the conviction of John Hunter of an assault and battery, in the county of Westmore- land, for which offence he was sentenced to pay to the use of the Commonwealth a fine. of five pounds, and upon the recommendation of several respectable inhabitants of the said county, it was
Resolved, To remit the said fine, agreeably to the prayer of the said Hunter's petition presented to Council in November last.
The Secretary presented to Council a form of a conveyance from the Commonwealth, for islands in the rivers Ohio and Allegany, which was read and referred to the Attorney General to report, whether the same is legal and proper.
Upon application of John Donaldson, Esquire, an order was drawn upon the Treasurer in his favor, for the sum of one hundred & twenty- five pounds, being one quarter's salary as Register Gene- ral of the accounts of this Commonwealth, ending the twenty-eighth of this month, according to act of Assembly passed the twenty- eighth day of March, 1789.
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MINUTES OF THE
On motion,
Resolved, That on Thursday next, Council go into the appoint- ment of an Inspector of Pot and Pearl Ashes.
The Council met.
PHILADELPHIA, Monday, March 15th, 1790.
PRESENT :
His Excellency' THOMAS MIFFLIN, Esquire, President.
Samuel Miles, William Wilson,
James Read,
Nathaniel Breading,
Amos Gregg,
Frederick Watts,
Christopher Kucher, Henry Taylor, Esquires.
William Findley,
Lord Butler,
James Martin,
Zebulun Potts,
Abraham Smith, Richard Willing,
An order was drawn upon the Treasurer in favor of the Honora- ble William Findley, Esquire, for the sum of sixty-six pounds, in full of his account for his attendance in Council until this day, in- clusive.
The Council met.
PHILADELPHIA, Tuesday, March 16th, 1790. PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
James Read, Frederick Watts,
Christopher Kucher, Henry Taylor,
Abraham Smith, Amos Gregg,
William Findley, Lord Butler, Esquires.
James Martin, Zebulun Potts, and
William Wilson, Nathaniel Breading,
Richard Willing,
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable Amos Gregg, Esquire, for sixty-seven pounds ten shillings, in full of his account for his services in Coun- cil from the sixteenth of December, 1789, till the sixteenth of March, 1790, the last day included.
In favor of the Honorable Nathaniel Breading, Esquire, for fifty- two pounds sixteen 'shillings, in full of his account for his atten- dance in Council from the fifteenth of January till the sixteenth of March, 1790, and mileage going home.
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SUPREME EXECUTIVE COUNCIL.
In favor of Joseph Price, for three pounds eighteen shillings and four pence, in full of his account for seven and a half days work at the banks of Mud Island, according to the Comptroller and Regis- ter General's report of the twenty-sixth of February last.
Elisha Price, Esquire, was appointed and commissionated a Jus- tice of the Peace, and of the Court of Common Pleas, in and for the county of Delaware, upon a return made according to law, from the borough of Chester.
Upon the petition of John M'Garvey, and a recommendation in his favor, from the Mayor, Recorder and Alderman of this city ; it was to
Resolved, That the fine of fifty pounds payable to the use of the Commonwealth, which was imposed upon the petitioner by the Mayor's Court, upon his being convicted of keeping a Shuffle Board contrary to law, be remitted.
The fine of fifty pounds due to the Commonwealth, to which Mary Stanup was sentenced by the Court of General Quarter Ses- sions of the Peace and Jail Delivery of the county of Delaware, was also remitted, agreeably to the prayer of her petition, and a recommendation from the Commissioners of the said county, and from Thomas Levis, Esquire, a Justice of the Peace.
The Council met.
PHILADELPHIA, Wednesday, March 17th, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
James Read, Frederick Watt,
Christopher Kucher,
Nathaniel Breading,
Jonas Hartzell,
Amos Gregg,
Abraham Smith,
Henry Taylor, Esquires.
William Finley,
Zebulun Potts,
James Martin,
Richard Willing, and
William Wilson,
Lord Butler,
Agreeably to the Comptroller and Register General's reports, an order was drawn upon the Treasurer in favor of Samuel Jones, Esq'r, for the sum of three hundred and four pounds ten shillings, payable out of the fund appropriated by an act of the General As- sembly passed the third instant, entituled " An Act . directing the payment of the accounts of sundry Deputy Surveyors of deprecia- tion lands," being the amount of his account for surveying eighty- seven tracts of land in his depreciation district.
The Comptroller and Register General's reports upon the account of Adam Hubley, Esquire, Auctioneer for the district of South-
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wark, for the State duty upon goods sold at auction, between the twelfth of December, 1789, to the thirteenth of March 1790, amounting to seventy-two pounds two shillings and ten pence half- penny, was read and approved.
The Council met.
PHILADELPHIA, Thursday, March 18th, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles,
Frederick Watts,
James Read,
Nathaniel Breading,
Christopher Kucher,
Amos Gregg,
Jonas Hartzell,
Henry Taylor,
Esquires.
William Finley,
Zebulun Potts,
James Martin,
Richard Willing,
William Wilson,
Lord Butler, j
The order of the day for going into the appointment of an In- spector of Pot and Pearl Ashes, was postponed.
On motion,
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