USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XVI > Part 35
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Richard Willing,
James Martin,
John Wilkins, Frederick Watts, and
Samuel Edie, William Findley,
Lord Butler,
A petition from William Hudson, who hath been indicted in the Mayor's Court for larceny in stealing a stick of firewood, the pro-
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SUPREME EXECUTIVE COUNCIL.
perty of Christopher Luckhart, stating his case, and praying that Council would be pleased to direct that no farther proceedings may be had against him, was read, and the same referred to the Attor- ney General.
An order was drawn upon the Treasurer in favor of the Honora- ble Samuel Edie, Esquire, for seventy-two pounds, in full of his account for attendance in Council from the first to the sixth of January, and from the third of April to the twenty-fourth of June, 1790, inclusively, and mileage for coming to Philadelphia and re- turning home.
Colonel Andrew Mann and James Martin, of the county of Bed- ford, were offered and accepted as sureties for Benjamin Martin, who was appointed on the twenty-second of this month Collector of Excise in the said county.
Agreeably to the order of the day, Council proceeded to the ap- pointment of an agent to attend at New York in behalf of this Com- monwealth, to state its claims against the United States; and the ballots being taken for the several gentlemen in nomination, it ap- peared that Charles Pettit, Esquire, was duly elected.
A memorial from the Mayor, Alderman, and citizens of Phila- delphia, praying that "any further proceedings in the erection of a new Gunpowder Magazine, may be suspended until the next ses- . sion of the General Assembly, to the end that the House may con- sider the subject, if it shall seem meet to them," was read, and an order taken that Tuesday next be appointed for the consideration of the said memorial.
On motion,
Resolved, That Benjamin Wallace, of the county of Dauphine, be appointed and commissioned a Justice of the Court of Common Pleas in and for the said county.
A petition from Castner Jones, of the State of Delaware, who hath been convicted of an assault and battery upon Alexander Car- lisle and James West, Constables of this city, while in the execu- tion of their office, and sentenced by the Mayor's Court to pay a fine of three pounds ten shillings to the use of the Commonwealth, praying remission of the said fine, was read ; and the Mayor of the city having stated to Council that the said offence did not appear to the Court to have been an aggravated one, it was
Resolved, That the fine aforesaid be remitted.
Upon further consideration of the petition from Isaac Austin, an order was drawn upon the Treasurer in his favor for the sum of seven hundred and sixteen pounds three shillings and three pence, being the sum which was paid by him into the public Treasury for the confiscated estate of William Austin, on the north side of Mul- berry street, at the easternmost extremity thereof, in the city of Philadelphia, in pursuance of an act of General Assembly passed the sixth of August, 1784, and which sum, by another act of As- sembly passed the eighteenth of February, 1785, is directed to be repaid to the said Isaac Austin.
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Upon application of the Board of Commissioners of the county of Philadelphia, an order was also drawn upon the Treasurer in their favor for the sum of five hundred pounds, payable out of the fund appropriated for claims and improvements, to be applied ac- cording to the directions of the act to reform the Penal Laws of this State, in building cells and walls in the jail yard of the city and county of Philadelphia.
The Council met.
PHILADELPHIA, Friday, June 25th, 1790. PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, Presid't.
James Read, Samuel Edie,
Amos Gregg, Jonas Hartzell,
Christopher Kucher, James Martin,
Abraham Smith, Frederick Watts, and 1 Esquires.
Zebulun Potts, Lord Butler,
Richard Willing,
Petitions from John Smith and Edward Taylor, of the county of Cumberland, the former convicted of larceny upon two indictments, and the latter of horse stealing, praying that Council would be pleased to grant a remission of the punishment to which they have been sentenced for the said offences, being read the second time, with a recommendation from a number of respectable inhabitants of the borough of Carlisle in their behalf, it was thereupon,
Resolved, That the said John Smith and Edward Taylor be and they are hereby pardoned.
Upon the second reading of a petition from Henry Hews, of the district of Southwark, for remission of a fine of forty pounds, which is due from him to the Commonwealth, upon his being convicted of an assault and battery upon Lawrence Remiss, at a last Court of General Quarter Sessions of the county of Philadelphia, and the petitioner being well recommended to Council, it was
Resolved, To remit the said fine of forty pounds.
Agreeably to the Comptroller and Register General's reports, and an act of Assembly passed the first of October, 1781, an order was drawn upon the Treasurer in favor of Elizabeth Baxter, for the sum of forty-two pounds three shillings and nine pence, being one quarter's pension due to her on the thirteenth of this month.
The Register and Comptroller General's reports upon the follow- ing accounts, were read and approved, vizt :
Of Christian Lawrence, for sundry smith work done for the In- valid corps, in the year 1786 and 1787, amounting to twenty shil- lings, for which sum an order was drawn upon the Treasurer in his favor.
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SUPREME EXECUTIVE COUNCIL.
Of William Mackey, for goods and merchandizes furnished to the troops employed on an expedition to Wyoming, under Doctor William Plunket and others, in the year 1775, to enforce the laws of the Province against the settlers at that place from Connecticut, amounting to thirty-nine pounds seventeen shillings and seven pence.
The Council met.
PHILADELPHIA, Monday, June 28th, 1790. PRESENT :
His Execllency THOMAS MIFFLIN, Esquire, President.
Richard Willing, Samuel Edie,
James Read, James Martin,
Christopher Kucher, Lord Butler,
Esquires.
Amos Gregg,
Zebulun Potts, and
Z bulun Potts, Jonas Hartzell,
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable Thomas Mckean, Esquire, for two hundred and fifty pounds, being one quarter's salary as Chief Jus- tice of the Supreme Court of this State, ending the twenty-fifth day of this month ; and
In favor of the Honorable George Bryan, Esquire, for one hun- dred and fifty pounds, being one quarter's salary due to him on the same day as one of the Judges of the said Court, according to the Register and Comptroller General's reports.
The Council met.
PHILADELPHIA, Tuesday, June 29th, 1790.
' PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles, Zebulun Potts, 7
James Read, i James Martin,
Christopher Kucher,
Frederick Watts,
Esquires.
Amos Gregg, Lord Butler,
Richard Willing, Abraham Smith, and
Samuel Edie, Jonas Hartzell,
Agreeably to the Register and Comptroller General's reports, an order was drawn upon the Treasurer in favor of the Honor- able Jacob Rush, Esquire, for the sum of one hundred and fifty VOL. XVI .- 26.
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pounds, being one quarter's salary due to him on the eighteenth of this month as one of the Judges of the Supreme Court of this State.
A letter from Daniel Brodhead, Esquire, Surveyor General, of the twenty-eighth instant, informing Council that he has appointed Thomas Tucker a Deputy Surveyor of district number sixteen, in the late purchase, bounded to the eastward by Pine creek and the western lines of Samuel Edmiston's and William McClay's district, to the northern boundary of the State; thence along the same west ten miles ; thence due south by district No. 15, to the West Branch of the river Susquehanna; thence down the same to the mouth of Pine creek aforesaid ; and submitting the said appointment for the approbation of Council, according to act of Assembly passed the eighth day of April, 1785, was received and read ; and thereupon,
Resolved, That Council approve of the said appointment, and that Samuel Miles, Esquire, member of this Board, and Samuel Wallis, of Northumberland county, be accepted as his sureties.
On motion,
Resolved, That Mr. Gregg, Mr. Willing, Mr. Hartzel, Mr. Kucker and Mr. Smith, be a committee to confer with the Mayor, Alderman and Common Council, on the subject of their representation respect- ing the gun powder magazine now erecting.
The Council met.
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PHILADELPHIA, Wednesday, June 30th, 1790. · PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
James Read, Frederick Watts,
Richard Willing, Lord Butler,
Christopher Kucher,
James Martin,
Amos Gregg,
Richard Willing, and
Esquires.
Samuel Edie,
Jonas Hartzell,
Abraham Smith, L.
The Comptroller and Register General's reports upon the ac- counts of George Wall, Esquire, agent for the sale of confiscated estates in the county of Bucks, for the expences of the sale and . partition of an estate in said county of Bucks, which was forfeited to the Commonwealth by Samuel Biles's attainder of high treason, amounting to twelve pounds five shillings and three pence, was read and approved.
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable Frederick Watts, Esquire, for the sum of forty pounds eleven shillings, being the amount of his account for attendance in Council from the eighth until the seventeenth of
391
SUPREME EXECUTIVE COUNCIL.
April, and from the twenty sixth of May untill the thirtieth of June, 1790, inclusively, and mileage for coming to Philadelphia in May last, and returning home at this time.
In favor of William Bradford, Junior, Esquire, for the sum of twenty pounds, being the remainder of the sum of forty pounds which, on the seventeenth of September, 1788, Council agreed to allow him for his services in behalf of the State in four actions at law between the Commonwealth and Samuel Miles, Timothy Mat- lack, the Executors of Caleb Newbold, deceased, and Alexander Boyd and Company.
In favor of Thomas Procter, Esquire, Major of the battalion of artillery in this city, for the sum of twenty pounds fifteen sbillings. and eight pence, for the purpose of purchasing gun powder and other articles, to be used by the said battalion upon the Aniversary of Independance, the said sum being granted to him upon an esti- mate this day produced to Council, and for which sum the said Thomas Procter is to be accountable.
In favor of Frederick Sneider for the sum of fifteen pounds, for one month's wages as Door-keeper to Council, ending the thirtieth day of April, 1790.
The Keeper of the jail of the city and county having certified that the time of servitude to which Mark Lugee was sentenced by the Court of General Quarter Sessions of the county of Philadel- phia for larceny, is now expired, and that he only remains in con- finement for the fine of forty shillings which is due to the Com- monwealth; and the said Mark Lugee having by his petition prayed Council would be pleased to remit the said fine, it was thereupon,
Resolved, To remit the said fine of forty shillings.
Upon the second reading of the petitions of Jacob Fritley and John Hagaman, of the county of Luzerne, each fined in the sum of five pounds for keeping a tipling houses contrary to law in the said county, praying remission of the said fines,
Resolved, That the fines of five pounds each imposed upon the petitioners as aforesaid, be remitted.
A petition from Frederick Croner, who is now confined in the jail of the city and county of Philadelphia, upon being convicted of stealing a bag of money from Colonel Lewis Farmer, stating that the same hath been restored to Colonel Farmer, except a very small sum, and praying that Council would be pleased to grant him a pardon of the said offence, being read the second time, it was
Resolved, That the said Frederick Croner be and he is hereby pardoned.
On consideration of the report of the committee to whom was re- ferred the petition of Robert Paisley,
Resolved, That the Attorney General be directed to stay all further proceedings against the said Robert Paisley, for the recov- ery of a debt due from him to the Commonwealth, upon a judg-
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ment obtained at the suit of the Collector of the Customs for the term of four years from the date hereof, the said Paisley having made an assignment to the Commonwealth, of a certain bond for two hun- dred and ninety pounds, which is due to him from a certain Charles Hamilton, together with the interest thereon, the petitioner to be eventually answerable for the ballance which may be due to the State.
In Council met.
PHILADELPHIA, Thursday, July 1st, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles, Lord Butler,
Abraham Smith, Zebulun Potts,
Christopher Kucher, Jonas Hartzell, Esquires.
Samuel Edie, James Read, and
James Martin, Amos Gregg,
An order was drawn upon the Treasurer in favor of the Honor- able Samuel Edie, Esquire, for the sum of six pounds, in full for attendance in Council, from the twenty-fifth of June to the second of July, 1790, inclusively.
Upon the second reading of a petition from John Middleton, who is now confined in the jail of the city and county of Philadelphia, stating that he has made restitution for the property stolen, and praying a pardon, it was
Resolved, To pardon the said John Middleton.
A letter from the Honorable Thomas Jefferson, Esquire, Secre- tary of State, of the twenty-fifth of last month, inclosing two copies of the act of Congress, for giving effect to an act to establish the Judicial Courts of the United States, within the State of Rhode Island and Providence Plantations, was received and read, and a letter written by the President to Mr. Jefferson, acknowledging the receipt of the said letter and enclosures.
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SUPREME EXECUTIVE COUNCIL.
. The Council met.
PHILADELPHIA, Friday, July 2nd, 1790. PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles, James Martin,
Zebulun Potts,
Lord Butler,
Christopher Kucher,
Jonas Hartzell,
Esquires.
Abraham Smith,
Amos Gregg, and
Samuel Edie,
James Read,
An order was drawn upon the Treasurer in favor of the Honora- ble Samuel Miles, Esquire, for sixty-nine pounds five shillings being the amount of his account for attendance in Council, from the first day of April untill the second day of July, 1790, inclu- sively.
A letter from John Donaldson, Esquire, Register General, of this date, informing Council that some private business of great importance to himself calls his attention to New York for a few days, and requesting permission from this Board to be absent from Monday next untill the latter part of the week, was read, and it was agreed to grant the said permission.
The petition from Edmund Mullery, praying for a remission of the State's share of a forfeiture of fourteen hundred and eighty-one gallons of spirituous liquors, which he has incurred for neglecting to enter the same with the Collector of Excise, with a recommen- dation to Council in his behalf, from a number of respectable citi- zens, being again taken into consideration, and Edward Bartholo- mew, Esquire, Collector of Excise, having informed Council that he intended to relinguish his part of the said forfeiture, except five hundred and forty-one gallons, being one half of ten hogsheads of rum which Mullery purchased of John Vaughan and Bankson,
It was, on motion of Mr. Potts, seconded by Mr. Kucher,
Resolved, To remit the State's share of the said forfeiture, except five hundred and forty-one gallons, which is one half of the ten hogsheads purchased as aforesaid.
The memorial of Michael Morgan O'Brien, praying that this Board would be pleased to direct that certain certificates, amount- ing to the sum of four hundred and eighty-nine pounds thirteen shillings and six pence, which he paid to Colonel Francis Johnston, Receiver General of the Land office, for two city lotts near the river Schuylkill, numbered 1599, may be returned to him, alledg- ing that the same were purchased by mistake, being read the sec- ond time, and the receiver General of the Land office having certi- fied to Council, that by reason of the mistake the said certificates have not been paid into the Treasury, but were designedly retained
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in his hands, and it appearing to Council that there was a mistake in the said purchase, it was on full consideration of the case,
Resolved, To resume the said lots, and that the Receiver Gene- ral of the Land office be directed to return to the memorialist, the certificates paid by him as aforesaid.
The Council met.
PHILADELPHIA, Saturday, July 3rd, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
James Read, Lord Butler,
Zebulun Potts,
Jonas Hartzell,
Christopher Kucher, Abraham Smith,
Samuel Miles,
Esquires.
James Martin,
Richard Willing, and Amos Gregg,
An order was drawn upon the Treasurer in favor of Joseph Rakestraw and William Colliday, for the sum of three hundred pounds, being the ballance of the sum of eleven hundred pounds, which was appropriated by a resolution of the General Assembly of the twenty-fifth of March, 1789, for repairing the State house, for which sum the said Rakestraw and Colliday are to be accounta- ble.
Upon further consideration of the petition of Lawrence Penning- ton, for a remission of the fine of twenty-five pounds and one year's punishment at hard labour, to which he was sentenced by the Mayor's Court for forgery, and the petitioner being well recom- mended to Council, it was
Resolved unanimously, That the said Lawrence Pennington be, and he is hereby pardoned.
The Council met.
PHILADELPHIA, Tuesday, July 6th, 1790.
PRESENT :
The Honorable GEORGE ROSS, Esquire, Vice President.
James Read, Amos Gregg,
Christopher Kucher, Jonas Hartzell,
Abraham Smith, Lord Butler, and
Esquires.
Zebulun Potts, Richard Willing,
Mr. Butler was appointed a member of the Board of Property for the present month.
395
SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Wednesday, July 7th, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, Presid't.
The Honorable GEORGE Ross, Esquire, Vice President.
James Read,
Lord Butler,
Amos Gregg,
James Martin,
Zebulun Potts,
Abraham Smith, and
Christopher Kucher,
Richard Willing,
Esquires.
Jonas Hartzell,
Upon further consideration of a petition from William Nelson, of Lancaster county, for a remission of that part of the forfeiture which is the property of the State, in consequence of a seizure of two hogsheads of rum by the Collector of Excise in the said coun- ty, and a recommendation in behalf of the petitioner from the said Collector, it was
Resolved, To remit the State's share of the said forfeiture.
A letter from the Secretary at War of the United States, inform- ing that Colonel McGilvivray and a number of the principal chiefs of the Creek nation of Indians are on their way to New York, and requesting that a proper attention may be paid to them, should they pass through this city, was read, and it was agreed that the Secretary take order respecting them.
Lawrence Myers, Esquire, was appointed and commissionated a Justice of the Peace and of the Court of Common Pleas in and for the county of Luzerne, upon a return made according to law for the district of the township of Kingston, in said county.
A note from the faculty of the University of Pennsylvania, re- questing the favor of Council to attend a public commencement to be held to-morrow in the German Reformed Church in Race street, was received and read, and it was agreed to attend.
Application being made by John Byers and Frederick . McPher- son, of the county of Northumberland, for the right of pre-emp- tion to two small islands in the West Branch of Susquehanna, one of them in the possession of the said John Buyers, on which there is a small improvement, and containing one acre and one hundred, and forty perches, opposite land of William McCroskey, and the other in the possession of the said Frederick McPherson, improved about four years, containing one acre and a quarter, and lying be- tween John McPherson's land and land of John Lee and John Buyers, it was, on motion of Colonel Smith,
Resolved, That the said applications be referred to Mr. Smith, Mr. Butler, and Mr. Potts.
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MINUTES OF THE
The Council met.
PHILADELPHIA, Tuesday, July 8th, 1790. PRESENT :
The Honorable GEORGE ROSS, Esquire, Vice President.
Samuel Miles,
James Martin,
Christopher Kucher,
Amos Gregg,
James Read,
Zebulun Potts, and > Esquires.
Jonas Hartzell,
Abraham Smith,
Lord Butler,
Agreeably to the invitation of yesterday from the faculty of the University, Council attended their commencement for conferring of degrees, which was held at the German Reformed church in Race street.
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The Council met.
PHILADELPHIA, Friday, July 9th, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles, James Martin,
James Read,
Amos Gregg,
Christopher Kucher,
Zebulun Potts,
Esquires.
Jonas Hartzell, Abraham Smith, and
Lord Butler, Richard Willing,
V
A letter signed Robert Fleming, and directed to Colonel Wil- liam Wilson, Member of Council at Northumberland Town, and a letter from Colonel Wilson and Charles Smith, Jasper Ewing, and Christian Gettig, Esq'r, of said town, informing Council that two friendly Indians, (supposed to be of the Seneca nation,) who came into the settlement on Pine creek in order to trade with the inhabi- tants, were, on the evening of the twenty-seventh ultimo, barba- rously murdered by Benjamin Walker, Henry Walker, Joseph Walker, and Samuel Doyle, and inclosing the depositions of Wil- liam Moore and Robert King, concerning the said murder, were received and read, and the same being duly considered, it was, on motion of the Vice President, seconded by Mr. Kucher,
Resolved, That a proclamation be immediately issued, offering the reward of eight hundred dollars for apprehending and securing Benjamin Walker, Henry Walker, Joseph Walker, and Samuel Doyle, or two hundred dollars for each and every of them, to be paid on their conviction for the said offence.
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SUPREME EXECUTIVE COUNCIL.
And a draft of a proclamation was laid before the Board, was agreed to, as follows, vizt :
Pennsylvania, ss:
By the President and the Supreme Executive Council of the Com- monwealth of Pennsylvania :
A PROCLAMATION.
WHEREAS; It appears to us by the depositions of William Moore and Robert King, taken according to law, that two friendly In- dians who came into the settlement on Pine Creek, in Northumber- land county, in order to trade with the inhabitants of the said county, were on the evening of the twenty-seventh ultimo, barba- rously murdered by Benjamin Walker, Henry Walker, Joseph Walker, and Samuel Doyle :
And whereas, It is of the utmost importance to the lives of the good people of this State, and a due execution of the laws, that the perpetrators of a crime so horrid, should be brought to con- dign and exemplary punishment : We have therefore thought proper tò issue this proclamation, hereby engaging that the public reward of eight hundred dollars shall be paid to any person or persons who shall apprehend and secure the said Benjamin Walker, Henry Walker, Joseph Walker, and Samuel Doyle, or two hundred dol- lars for each and every of them, to be paid on their conviction for the said offence.
Given in Council, under the hand of his Excellency Thomas Mif-
flin, Esquire, President, and the seal of the State, at Philadel- phia, this ninth day of July, in the year of our Lord one thou- sand seven hundred and ninety.
THOMAS MIFFLIN.
Attest-CHARLES BIDDLE, Sec'ry. On motion,
Resolved, That the further consideration of the said letters be postponed until this afternoon at four o'clock.
Upon the second reading of a petition from Dorothy Fox, in be- half of her husband, Christian Fox, for remission of the fine and pun- ishment at hard labour, to which he was sentenced by the May- or's Court for larceny, and the petitioner being well recommended to Council, it was
Resolved, To pardon the said Christian Fox.
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The Council met at 4 o'clock, P. M.
PRESENT :
As in the morning.
An order was drawn upon the Treasurer in favor of His Excel- ency Thomas Mifflin , Esquire, for the sum of three hundred and
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MINUTES OF THE
seventy-five pounds, being one quarter's salary as President of the State, for which sum he is to account.
- A letter from the Honorable Thomas Jefferson, Esquire, Secre- tary of State, inclosing two copies of each of the following acts of Congress, vizt :
An Act providing the means of intercourse between the United States and foreign nations.
An Act for the relief of Nathaniel Twining ; and
An Act to satisfy the claims of John McCord against the United States, was received and read.
Council resumed the consideration of the letters which were re- ceived yesterday, respecting the murder of two friendly Indians, and thereupon drafts of two letters, the one in answer to the letter re- ceived from Colonel Wilson and others, and the other to the Chiefs of the Seneca nation, were laid before Council and approved as fol- lows, vizt :
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