USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XVI > Part 28
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Resolved, That the written opinion of the Attorney General, on the fourth section of the act of Assembly passed the thirtieth of September, 1789, be referred to Mr. Miles, Mr. Gregg, Mr. Wil- son, Mr. Smith and Mr. Findley, and that the said committee be instructed to state the measures which have been taken by Council, relative to the controversy subsisting between the Comptroller and Register General, with respect to the meaning of the said. act.
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The Council met.
PHILADELPHIA, Friday, March 19th, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
James Read, James Martin, 2
Christopher Kucher, Amos Gregg,
Jonas Hartzell, Richard Willing,
William Wilson,
Nathaniel Breading,
Esquires.
William Findley,
Henry Taylor,
Lord Butler,
Zebulun Potts, and
Abraham Smith,
Samuel Miles,
Frederick Watts,
A letter from His Excellency Alexander Martin, Esquire, Gov- ernor of the State of North Carolina, dated the twentieth of last
305
SUPREME EXECUTIVE COUNCIL.
month, inclosing a copy of a resolution of the general Convention of that State, dated the twenty-third of November, 1789, "with several amendments by them proposed, to become part of the Con- stitution for the future government of the United States," was re- ceived and read, and the same transmitted to the General Assem- bly in a letter from the President to the Speaker.
A petition from Patrick M'Cape, of the county of Cumberland, who was convicted of larceny, and sentenced by the Court of Quar- ter Sessions of the said county to a servitude of two years hard la- bour, and to pay to the use of the Commonwealth equal to the value of the goods stolen, praying a pardon, was read, with a re- . commendation from a number of respectable inhabitants of the said county in favor of the petioner. It was thereupon,
Resolved, That the said Patrick M'Cape be and he is hereby pardoned.
A petition from John Simpson, who was pardoned by Council on the fifth of November last, " on condition of departing the State within three weeks, not to return," stating that he is still confined in the jail of this city, under that part of his sentence which re- quires restitution to be made to the person injured ; that he has made restitution, and praying Council to order that he be discharg- ed from confinement, was read ; and thereupon,
Resolved, That the petitioner be released from his confinement, on condition of his leaving the United States.
The Council met.
PHILADELPHIA, Saturday, March 20th, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
SamuelMiles, James Martin,
Amos Gregg,
Richard Willing,
Christopher Kucher,
Nathaniel Breading,
Jonas Hartzell, Zebulun Potts,
Esquires.
Abraham Smith,
Lord Butler,
Henry Taylor,
William Finley, and
William Wilson,
James Read,
Frederick Watts,
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 the sum of one hundred and fifty pounds, being one quarter salary due to him on the eighteenth instant, as one of the Judges of the Supreme Court.
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MINUTES OF THE
I favor of John Penn and John Penn, junior, Esquires, for twen- ty five thousand eight hundred and twelve pounds ten shillings, be- ing the amount of the sixth installment of one hundred and thirty thousand pounds, which by act of Assembly of the twenty-seventh. of November, 1779, is directed to be paid to the late Proprietaries of Pennsylvania, and interest due on the said installment from the third of September, 1789, untill the seventeenth instant.
Upon the report of the committee to whom was referred the peti- tion and recommendation in favor of Henry Hoover, of the county of Bedford, for remission of the fine which was imposed upon him for not making an entry of his still, and for retailing whisky con- trary to law, it was
Resolved, That so much of the fine unpaid as belongs to the State be remitted.
A petition from Alexander Moore, of Montgomery county, pray- ing remission of the fine of ten pounds to which he was sentenced for keeping a tipling house, was read, with a recommendation from five Justices of the Peace of said county ; thereupon,
Resolved, That the said fine be remitted.
The Council met. ยท
PHILADELPHIA, Monday, March 22nd, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
James Read, Jonas Hartzell,
Samuel Miles,
James Martin,
A braham Smith,
Nathaniel Breading,
William Finley,
Zebulun Potts,
Esquires.
Henry Taylor, Wilson,
Lord Butler, and
Christopher Kucher,
Frederick Watts,
A letter from His Excellency the President of the United States, dated the fifteenth instant, in answer to the letter from the Presi- dent of this State of the tenth, which inclosed the representation from some of the inhabitants of Washington county respecting the mischiefs which have been committed for several years past by the Indians in that county, was received and read, and the same was transmitted to the General Assembly in a letter from the Presi- dent to the Speaker.
On motion,
Resolved, That Mr. Miles, Mr. Smith, Mr. Gregg, Mr. Wilson and Mr. Findley, be a Committee to confer with a Committee of the General Assembly relative to a disagreement in opinion be-
307
SUPREME EXECUTIVE. COUNCIL.
tween the Comptroller and Register General, on the meaning of the fourth section of the act of Assembly passed the thirtieth of Sep- tember, 1789.
The Council met.
PHILADELPHIA, Tuesday, March 23rd, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles, Jonas Hartzell,
James Read, James Martin,
Abraham Smith,
Zebulun Potts,
William Findley, Lord Butler,
Henry Taylor, Christopher Kucher, and
William Wilson, Frederick Watts,
Richard Willing,
Esquires.
On motion,
Resolved, That the Secretary take order with respect to the dis- charge of John Simpson, who was pardoned on the nineteenth in- stant, on condition of his leaving the United States.
A letter from Thomas Arnold, of Weymouth, in Great Britain, relative to an estate which has fallen to one William Green, son of John Green, was received and read, and the same referred to the Secretary, to take order thereon.
The Council met.
PHILADELPHIA, Wednesday, March 24th, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
William Findley, Lord Butler, 7
Abraham Smith, William Wilson,
James Martin, Jonas Hartzell,
Esq'rs.
Zebulun Potts, Amos Gregg, and
Samuel Miles, Henry Taylor,
Christopher Kucher,
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable Christopher Kucher, Esquire, for the sum of thirty-nine pounds, in full of his account for attendance in Council from the seventeenth of February untill the twenty-fourth of March, 1790, inclusively.
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In favor of Bartram Galbraith, for sixty-six pounds three shil- lings and five pence, payable out of the fund appropriated by act of Assembly passed the twenty-eighth of September last, being a ballance due to him and to Thomas Hulings, upon an account set- tled by the Comptroller and Register General, on the nineteenth of January last, for their services and expences as Commissioners for exploring the river Susquehanna and Juniata, in pursuance of the said act of Assembly.
The Comptroller and Register General's reports upon the account of William Findley, Esquire, for the hire of his team, taken into the public service in the year 1778, amounting to thirteen pounds one shilling, was read and approved.
On motion,
Arnold Colt, Esquire, was appointed Collector of Excise in and for the county of Luzerne.
The petition of William Butler, now confined in the jail of this city, convicted and sentenced to hard labour, upon two indictments, the one for receiving stolen goods, the property of Jonathan Wil- lis, and the other for robbing John Manderfield, praying that Coun- cil would be pleased to grant him .a pardon, was read the second time, and it appearing that his time of servitude for the first offence is expired, and the Sheriff and Jailor having certified that William, who suffered death for robbing the said John Mandersfield, declar- ed to them at the place of execution, that the petitioner was not concerned with him in that robbery ; it was
Resolved, That the said William Butler be and hereby is pardoned.
Upon the petition of Benjamin Carr, praying Council to remit a fine of ten pounds, which was imposed upon him by the Mayor's Court for keeping a disorderly house, and a recommendation in his favor,
Resolved, That the prayer of the petitioner be granted, on his complying with that part of his sentence which requires security for his good behaviour.
The fine of ten pounds to which Adam Premir was sentenced by the last Mayor's Court, for keeping a tipling house, was also re- mitted, agreeably to the prayer of his petition.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Thursday, March 25th, 1790. PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
William Findley, Lord Butler,
Abraham Smith,
William Wilson, 7
James Martin, Jonas Hartzell,
Zebulun Potts,
Amos Gregg, and
>Esquires.
Samuel Miles, Henry Taylor,
Christopher Kucher,
John Murray, Esquire, was appointed and commissionated a Justice of the Peace and a Justice of the Court of Common Pleas in and for the county of Dauphine, upon a return made according to law from the district of the township of Middle Paxton.
On motion,
Resolved, That Thursday next be appointed for going into the election of an Inspector of Pott and Pearl Ashes.
Upon application of Martha Biles, of Bucks county, it was
Ordered, That a patent under the great seal be granted to her for a tract of sixteen acres of land, in Southampton township, in the said county, which was forfeited to the Commonwealth by the attainder of Samuel Biles, and sold at public vendue by George Wall, Esquire, agent to the said Martha Biles, for the sum of two hundred and eighty six pounds in depreciation certificates, which sum she hath duly paid as appears by the said agent's receipt.
The Council met.
PHILADELPHIA, Friday, March 26th, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles, Amos Gregg,
James Read, William Findley,
Christopher Kucher,
Frederick Watts,
Jonas Hartzell,
Zebulun Potts,
Esquires.
Abraham Smith,
William Wilson, James Martin,
Lord Butler, and Henry Taylor, and Richard Willing, J
An order was drawn upon the Treasurer in favor of the Honor- able George Ross, Esquire, for the sum of one hundred and twenty- VOL. XVI .- 21.
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MINUTES OF THE
five pounds, being one quarter's salary as Vice President of the State, for which sum he is to account.
The Comptroller and Register General's report upon the account of Hillary Baker, Esquire, Clerk of the Court of General Quarter Sessions of the Peace of the county of Philadelphia, of fees received . in his office upon tavern licences issued from November the second, 1789, to March the second, 1790, amounting to one hundred and thirty pounds six shillings, was read and approved.
The keeper of the jail of the city and county of Philadelphia, having certified to Council that the times of servitude of Henry Groom, Sarah Brown and Biddy Ferguson, now confined in the jail of the said city and county, are expired, and that they have behaved themselves well; and the said petitioners having by their petition prayed that Council would be pleased to grant them a remission of the fines due to the Commonwealth, which have been imposcd upon them for the several offences of which they have been con- victed ; it was thereupon
Resolved, That the fine of six pounds due from Henry Groom, of twenty-five shillings due from Sarah Brown, and of twenty shillings due from Biddy Ferguson, be and the same are hereby . remitted.
The Council met.
PHILADELPHIA, Saturday, March 27th, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles, Frederick Watts,
James Read,
James Martin,
Amos Gregg, Lord Butler,
Abraham Smith, Zebulun Potts,
Esquires.
William Findley, William Wilson,
Jonas Hartzell, Christopher Kucher,
Henry 'Taylor,
The Comptroller and Register General's reports upon the account of Lewis Stacker, for his services as Captain of a company of Northampton county militia, amounting to three pounds seven shillings and six pence, was read and approved.
Upon application of the Managers of the House of Employment in the City of Philadelphia, an order was drawn upon the Treasurer in their favor for the sum of forty-seven pounds fourteen shillings & six pence, being the residue of the sum of one hundred pounds which was granted by act of Assembly passed the twenty-eighth of March, 1788, for the relief of James McManus, who was wounded by the fall of a tree while employed in the public service.
a
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Monday, March 29th, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles,
Zebulun Potts,
James Read,
Frederick Watts,
Christopher Kucher,
Lord Butler,
Abraham Smith,
William Wilson,
Esquires.
William Findley,
James Martin,
Henry Taylor,
Jonas Hartzell, and
Amos Gregg, Richard Willing,
The reports of the Comptroller and Register General upon the following accounts were read and approved, vizt :
Of Francis Johnston, Esquire, Receiver General of the Land Office, for fees received in the said office between the ninth of De- cember, 1789, to the eighth of March, 1790, amounting to three hundred and twenty-three pounds five shillings and six pence.
Of David Kennedy, Esquire, Secretary of the Land office, for fees received in his office from the ninth of December. 1789, to the eighth of March, 1790, amounting to four hundred and eighty pounds two shillings and nine pence.
Of Daniel Brodhead, Esquire, Surveyor General, for fees received in the said office from the ninth of December, 1789, to the eighth of March, 1790, amounting to three hundred and eleven pounds twelve shillings and six pence.
Of Frederick Conrad, Esquire, Treasurer of the county of Mont- gomery, for the tax of the year 1789, amounting to six hundred and seventy-six pounds seven shillings and six pence.
Of Edward Bartholomew, Esquire, for Excise collected in the city and county of Philadelphia, from the first of January till the thirty-first of December, 1789, amounting to five thousand eight hundred and ninety-seven pounds three shillings and four pence.
Of Richard Footman, Esquire, auctioneer for the district of the township of Moyamensing, for the State duty upon goods sold at auction between the fifth day of October and thirty first of Decem- ber, 1789, amounting to twenty-eight pounds nineteen shillings and three pence.
Of Samuel Turbutt, Esquire, for Excise collected in the county of Lancaster, from the thirtieth of May, the time of his last set- tlement to the third of October, 1789, amounting to seven hun- dred and fifteen pounds fifteen shillings and eleven pence.
Of Robert Hunter, for a rifle gun, a shot pouch, canteen, powder horn, and one blanket, which were lost in actual service in Septem- ber, 1777, when he was taken prisoner by the British troops, amounting to four pounds six shillings and six pence.
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Of the Honorable Thomas Mckean, Esquire, for two hundred and fifty pounds, being for one quarter's salary as Chief Justice of the State, ending the twenty-fifth instant, for which sum an order was drawn upon the Treasurer.
Of the Honorable George Bryan, Esquire, for one quarter salary as one of the Judges of the Supreme Court, ending the twenty- fifth instant, amounting to one hundred and fifty pounds, for which sum an order was drawn upon the Treasurer.
The Council met.
PHILADELPHIA, Tuesday, March 30th, 1790. PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles, Frederick Watts,
James Read,
Amos Gregg,
Christopher Kucher,
William Wilson,
Abraham Smith,
Richard Willing,
Esquires.
William Findley,
Zebulun Potts,
Jonas Hartzell, James Martin, and
Lord Butler, Henry Taylor, 7
Agreeably to the order of the day Council proceeded to the ap- pointment of an inspector of pott and pearl ashes, under an Act of General Assembly passed the twenty-second day of February last, and the ballots being taken for the several candidates ; it appeared that Joseph Leacock was duly elected to that office.
On motion,
Resolved, That to-morrow Council will go into the appointment of two additional auctioneers, one for the city and one for the North- ern Liberties, agreeably to Act of General Assembly passed the twenty-seventh instant.
Christian Febiger, Esquire, Treasurer of the State, attended and informed Council that he had received notice to meet the subscri- bers to the manufacturing fund at the College this evening, and re- questing to know if Council had any instructions to give him re- specting the shares subscribed for on the account of the State; whereupon, it was
Resolved, That the said Treasurer be authorised and requested to attend the said meeting in behalf of the State.
Upon the petition of Thomas Morgan, and a recommendation from a number of respectable inhabitants of Chester county, for the pardon of the petitioner who was convicted of receiving money which had been stolen in the said county ; it was .
Resolved, That the said Thomas Morgan be, and he is hereby pardoned.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Wednesday, March 31st, 1790. PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles,
Abraham Smith,
James Read,
Frederick Watts,
Zebulun Potts,
James Martin,
Jonas Hartzell,
William Wilson,
Esquires.
Richard Willing,
Amos Gregg,
Christopher Kucher,
William Finley,
Henry Taylor, Lord Butler,
An order was drawn upon the Treasurer in favor of Frederick Sneider, for fifteen pounds sixteen shillings and four pence, being the amount of his account for his wages as Doorkeeper to Council, from the first to the thirty-first of March, 1789, and for cash paid for sweeping two chimneys and carrying in fire wood.
Agreeably to the order of the day, Council proceeded to the ap- pointment of an additional auctioneer for the city of Philadelphia, under an Act of General Assembly passed the twenty-seventh in- stant, and the ballotts being taken for the several candidates for that office, it appeared that Joseph Dean was duly elected.
On motion,
Resolved, That the appointment of an additional auctioneer for the Northern Liberties be postponed until to-morrow.
Upon the second reading of the petition of John Thorn, who was . convicted of an assault and battery upon a certain negro Tom, pray- ing remission of the fine of three pounds to which he was sentenced for the said offence by the last Mayor's Court, and the recommenda- tion of a number of respectable citizens in his behalf; it- was
Resolved, That the prayer of the petitioner be granted.
The Council met.
PHILADELPHIA, Thursday, April 1st, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President. Samuel Miles, Abraham Smith,
James Read, Frederick Watt,
Zebulun Potts, James Martin,
Jonas Hartzell, William Wilson, Esquires.
Richard Willing, Amos Gregg,
Christopher Kucher, William Finley, and
Henry Taylor, Lord Butler,
Agreeably to the order of the day Council proceeded to the ap- pointment of an additional auctioneer for the Northern Liberties,
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MINUTES OF THE
under an Act of General Assembly passed the twenty-seventh day of March last, and the ballots being taken for the several candi- dates for that office, it appeared that John Chaloner was duly elec- ted.
An order was drawn upon the Treasurer in favor of the Hon- orable Samuel Miles, Esquire, for sixty-seven pounds ten shillings in full for his attendance in Council from the first day of January untill the last day of March, 1790, inclusively.
On motion,
Resolved, That the report of the Committee appointed on the twenty-second of last month, to confer with a Committee of the General Assembly relative to a disagreement in opinion between the Comptroller General and Register General on the meaning of the fourth section of the Act of Assembly passed the thirtieth of September, 1789, be adopted and entered at large on the minutes of Council, which report is in the words following, to wit :
Your Committee appointed to confer with the Committee of the General Assembly, report :
That your Committee did, in a free conference, make it appear that the Supreme Executive Council had not been inattentive to the execution of the law entitled a supplement to an act entituled An Act for the appointment of a Register General for the purpose of registering the accounts of this State.
That by letters from the Comptroller and Register General, Council had been informed that a difference of opinion subsisted between those officers, respecting the meaning of the fourth section of the said law ; that Council by, their Committee examined into the complaint, heard the parties and the reasons urged by them in sup- port of their several opinions.
That Council, after the most mature examination into the mean- ing of the law, found themselves incompetent to define with pre- cision its true design, it appearing to them that the duty which the Register required from the Comptroller, was no where explicitly enjoined, but inferred by a doubtful implication ; that it seemed in the terms too obscure, and the meaning of the Legislature too uncertain, to warrant any measures being taken to enforce the opinion of the Register General.
That Council, for their further satisfaction, had called for the opinion of the Attorney General, which was so expressed as greatly confirm their apprehension of the doubtfulness of the expressions in the law. Your Committee presented the official opinion of the Attorney General unto the Committee of the General Aesembly.
Your Committee also suggested that Council would have made this subject a part of the message which they had the honor of transmitting to the General Assembly, if they had not thought it more proper to make it the subject of a conferrence which they de- signed to request, but were prevented from doing so by the man- ner in which the business had been introduced before the Legisla- ture.
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SUPREME EXECUTIVE COUNCIL.
Your Committee recommend the enacting of a new law, respect- ing the duties of office which are misunderstood by the Comptrol- ler and Register Generals, as the only effective mode in which the Legislature could express their meaning, and suggested the neces- sity of the duties of office being so clearly defined, as to render de- partures therefrom by the officers inexcusable, and so as to enable the Executive Council to compel obedience.
The Council met.
PHILADELPHIA, Saturday, April 3rd, 1790. PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles, Richard Willing, ? James Read,
Henry Taylor,
Christopher Kucher,
Frederick Watts,
Abraham Smith,
James Martin,
Esquires.
Zebulun Potts,
Amos Gregg,
Jonas Hartzell,
Samuel Edie, and
Lord Butler,
William Wilson,
A letter from Mr. Secretary Jefferson to the President of the State, dated the thirtieth of March last, inclosing a German letter signed John Gunther, soldier of the Swiss regiment Hirzel, in the service of the United Netherlands, relative to some property in this State, supposed to belong to him, was received and read, and the same referred to the Secretary to take order thereon.
A transcript from the journals of the Assembly, containing a re- port of a committee, and a resolution of the House dated the thirty- first of March last, authorizing Council to appoint three skilfull persons Commissioners to examine and survey the waters of the Quittapahilla, Swadara, part of Susquehanna and Juniata rivers, the waters of Sinnamahoning creek, some of the waters of Al- legany river, Presque Isle, &ca., and also three other Commission- ers to explore the country near the head waters of Delaware river, Equinunk creek, and the Lehigh, was received and read, and Tues- day next appointed fer going into the appointment of the said Commissioners.
Agreeably to an act of the General Assembly passed the twenty- seventh of March last, John Cannon, Benjamin Burd, and Wil- liam Elliott, Esquires, were this day appointed Commissioners to audit and settle the accounts of the Commissioners, Treasurer, and Wood Rangers, of the county of Bedford, relative to the county taxes and monies arising therefrom, and from the sale of stray horses, prior to the twentieth of September, 1787, on which day the county of Huntingdon was erected, which monies are to be di-
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MINUTES OF THE
vided by the said commissioners between the counties of Bedford and Huntingdon, in the manner divided by the said act, after mak- ing the deductions therein provided for.
Blair McClenachan and William Ralston, were offered as sure- ties for Joseph Dean, Esquire, Auctioneer for the city of Philadel- phia, and Thomas Lea and Leonard Dorsey, for John Chaloner, Esquire, Auctioneer for the Northern Liberties ; and it was agreed to accept of them as such.
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