Colonial records of Pennsylvania, Vol. XVI, Part 37

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


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James Clemson, Esquire, was appointed and commissionated a Justice of the Peace and of the Court of Common Pleas in and for the county of Lancaster, upon a return made according to law from the district of the townships of Sadsbury and Salisbury, in the said county.


A letter from Colonel Francis Johnson, Receiver General of the Land Office, informing Council that some errors have been dis- covered in the survey of a tract of land on Girties run, within the reserved tract opposite Pittsburgh, which was purchased by Mr. William Turnbull, and submitting it to Council whether it will be proper to have a re-survey made of the said tract to correct the said errors, was read, and the same referred to the Surveyor General.


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SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, Wednesday, July 28th, 1790.


PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President.


James Read, Amos Gregg, r


Zebulun Potts,


Nathaniel Breading,


Christopher Kucher,


Lord Butler, and


Esquires


Abraham Smith,


Jonas Hartzell,


Richard Willing,


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


Of William Craig, Esquire, Prothonotary of the county of North- ampton, for monies collected by him for the tax upon writs, and the fees upon tavern licences from June, 1788, untill September, 1789, amounting to two hundred and sixty-two pounds twelve shil- lings and six pence.


Of Robert Aitken for blank books and stationary furnished to the State Convention from July the sixteenth till August the thir- tieth, 1786, amounting to five pounds three shillings.


Of Valentine Hoffman for sundry repairs to the gun carriges be- longing to the State, amounting to nine pounds and six pence, for which sum an order was drawn upon the Treasurer.


A letter from Charles Pettit, Esquire, of the twenty-seventh in- stant, informing Council that in pursuance of his appointment as Commissioner for settling the accounts between this etate and the United States, he had attended at New York, &ca., was received and read,


Zephaniah Bell, Esquire, was appointed and commissionated a a Justice of the Peace and of the Court of Common Pleas, in and for the county of Washington, upon a return made according to law from the district of the township of Bethlehem, in the said county.


A petition from Hugh Wiley, stating that he became bound by recognizance for the appearance of a certain Rachel Beatty at the Court of Quarter Sessions of Franklin county, to answer to an in- dictment for larceny, that the said Rachel did not appear, and his recognizance is forfeited, and praying remission of the said forfei- ture, being read the second time with a recommendation from several respectable inhabitants of the said county in favor of the petitioner ; it was thereupon,


Resolved, To grant the prayer of the said petition.


The fines of five pounds each imposed by the Court of General Quarter Sessions of the county of Luzerne upon Philip Meyer and Jacob Shineberger for keeping tipling houses in the said county


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contrary to law, were remitted agreeably to the prayer of their petitions.


James Johnston and Henry Pawling were offered and accepted as sureties for Doctor Robert Johnston who was on the twenty- second of June last appointed Collector of Excise for Franklin county.


The Council met.


PHILADELPHIA, Thursday, July 29th, 1790. PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President.


James Read, Lord Butler, ?


Samuel Miles, Nathaniel Breading,


Richard Willing, Zebulun Potts,


Esquires.


Christopher Kucher, Amos Gregg, and


Abraham Smith, Jonas Hartzell,


The following orders were drawn upon the Treasurer, vizt :


In favor of Eve Withington for the sum of three hundred and fifty pounds, being the arrearages of pension due to her from the eleventh of May, 1777, until the first day of March, 1780, and from the sixteenth of June, 1789, until the sixteenth of July, 1790, according to the Comptroller and Register General's reports, and an order of the Orphans' Court of Berks county, of the seventeenth instant, in persuance of an act of Assembly passed the first day of March, 1780.


In favor of Lucinda Piper for the sum of one hundred and twelve pounds ten shillings for her pension from the first of September, 1789, to the first day of July, 1790, according to the Comptroller and Register General reports, and an order of Orphans' Court of Cumberland county, dated the twenty-eight day of June, 1790, in pursuance of an act of Assembly of the first day of October, 1781.


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 from the fourteenth of December, 1789, until the the 13th of March, 1790, according to the Register and Comptroller General's reports, and an order of Orphans' Court of Bucks county, dated March the eleventh, 1790, in pursuance of an act of Assembly passed the first day of October, 1781.


413


SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, Friday, July 30th, 1790.


PRESENT : 1


The Honorable GEORGE ROSS, Esquire, Vice President.


Samuel Miles, Amos Gregg,


Christopher Kucher, James Read,


Abraham Smith, Zebulun Potts, and


Esquires.


Jonas Hartzell, Nathaniel Breading,


The Comptroller and Register General's reports upon the ac- count of the contributors of the Pennsylvania hospital for boarding David Grady, a pensioner, from the fifteenth of March, 1787, until the first of May, 1790, three years, one month and two weeks, at twenty-two pound ten shillings per annum, by which a ballance of thirty-five pounds three shillings and nine pence appears to be due to the said contributors, was read and approved, and for which sum an order was drawn upon the Treasurer.


The keeper of the jail of the city and county of Philadelphia having certified to Council that the times of servitude to which Francis Garvin and James Dickson were sentenced for larceny are expired, that they have been of good behaviour during their con- finement, and remain in prison for the fines due to the State ; whereupon,


Resolved, That the several fines due to the State from the said Francis Garvin and James Dickson, be remitted agreeably to the prayer of their petitions.


The Council met.


PHILADELPHIA, Saturday, July 31st, 1790.


PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President.


Samuel Miles, Nathaniel Breading, ?


James Read, Jonas Hartzell,


1 Abraham Smith, Zebulun Potts, and


Richard Willing, Amos Gregg,


Christopher Kucher, L- Esquires.


A petition from Jacob Rudolph of the county of Montgomery, with a recommendation from the Justices of the said county in his behalf, for remission of a fine of ten pounds, which was imposed upon him by the Court of General Quarter Sessions of the said county, for keeping a tipling house, being laid before Council and


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MINUTES OF THE


read and it appearing that since the conviction the petitioner has obtained a licence to keep a public house ; it was thereupon, Resolved, To remit the said fine.


The Council met.


PHILADELPHIA, Tuesday, August 3rd, 1790. PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President.


Samuel Miles, James Read,


Richard Willing, Nathaniel Breading,


Zebulun Potts, Abraham Smith,


Christopher Kucher,


Lord Butler, and


Amos Gregg, Benjamin Elliott, (now returned.)


Mr. Elliott was appointed a member of the Board of Property for the present month.


The Council met.


PHILADELPHIA, Wednesday, August 4th, 1790.


PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President.


Samuel Miles, James Read,


Zebulun Potts, Jonas Hartzell,


Christopher Kucher, Amos Gregg,


Abraham Smith,


Lord Butler, and


Esquires.


Nathaniel Breading,


Richard Willing,


Benjamin Elliott,


The following orders were drawn upon the Treasurer, vizt :


In favor of the Honorable Lord Butler, Esquire, for the sum of thirty-seven pounds ten shillings, in full of his account for attend- ance in Council from the twenty-fourth of June until the fourth of August, 1790, and for mileage coming to Philadelphia and return- ing home.


In favor of Frederick Sneider, for sixteen pounds seventeen shil- lings and six pence, being the amount of his account for one month's wages as Door keeper to Council, ending the thirty-first of July, and for cash paid for pasting up proclamations, and for cleaning the Council Chamber.


On motion of, Mr. Breading was appointed to attend the Board of Property this day, in the place of Mr. Elliott, who was appoint-


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SUPREME EXECUTIVE COUNCIL.


ed yesterday, and who is interested in a cause which is to come on this morning.


The Council met.


PHILADELPHIA, Thursday, August 5th, 1790.


PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President.


Zebulun Potts, James Elliott,


Christopher Kucher, James Read, 1


Samuel, Miles,


Jonas Hartzell and,


Abraham Smith.


Amos Gregg,


Esquires.


Nathaniel Breading,


A letter from the Honorable Thomas Jefferson, Esquire, Secre- tary of State, inclosing the following acts of Congress, vizt :


An Act to amend an act for the establishment and support of light houses, beacons, buoys and public piers.


An Act to regulate trade and intercourse with the Indian tribes.


An Act provideing for holding a treaty or treaties to establish peace with certain Indian tribes.


And an Act for the government and regulation of seamen in the Merchant's service, was received and read, and a letter was writ- ten by the Vice President to Mr. Jefferson, acknowledgeing the receipt of the said letter and enclosures.


A petition from Messieurs Herpst and Lex, of the city of Phila- delphia, stating that two hogsheads of rum had been sent by them to Henry Hersh, of Womelsdorf in the county of Berks, that by mistake, Mr. Herbst entered them for Dauphine county, supposing Womelsdorf to be in that county, by which mistake the said rum was seized by the Collector of Excise for Berks county, being read, and it appearing to the satisfaction of Council, that no fraud what- ever was intended either by Herbst and Lex or by Henry Hersh,


Resolved, That the State's share of the for feitureof the said two Hogsheads of Rum, be remitted.


416


MINUTES OF THE


The Council met.


PHILADELPHIA, Friday, August 6th, 1790.


PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President.


James Read, Zebulun Potts,


Abraham Smith,


Nathaniel Breading,


Richard Willing,


Amos Gregg, and


Esquires.


Christopher Kucher,


Benjamin Elliott,


Jonas Hartzell,


The following orders were drawn upon the Treasurer, vizt :


In favor of the Honorable George Ross, Esquire, for one hun- dred and twenty-five pounds, being one quarter's salary as Vice President, for which sum he is to account.


In favor of the Honorable Richard Willing, Esquire, for fifty- nine pounds five shillings, in full of his account for seventy nine days attendance in Council, between the twenty-eighth of April and sixth of August, 1790, the last day included.


1


In favor of William Banks, for forty-two pounds seventeen shil- lings and two pence, being the amount of his account for one quarter's salary as Clerk in the Register General's office, ending the fifth instant, according to the Register and Comptroller Gene- ral's reports of the sixth instant.


The Council met.


PHILADELPHIA, Saturday, August 7th, 1790. PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President.


James Read, Zebulun Potts,


Samuel Miles, Nathaniel Breading,


Christopher Kucher,


Richard Willing,


Amos Gregg, and . Esquires. Jonas Hartzell,


Benjamin Elliott,


An order was drawn upon the Treasurer in favor of John Nich- olson, for the sum of sixty-two pounds eight shillings and eight pence, payable according to an act of Assembly dated the twenty- ninth day of September, 1789, out of the fund appropriated for claims and improvements, established by the act of Assembly enti- tuled "An Act to appropriate divers funds accruing and growing due to this Commonwealth, towards the payment of the expences of government, and to provide a fund for other purposes," passed the twenty-sixth of March, 1789, being the amount of his account


417


SUPREME EXECUTIVE COUNCIL.


for repairing public arms for the use of the militia of the county of Chester, agreeably to the Register and Comptroller General's reports of the sixth instant.


A petition from Eleanor Byron, who is now confined at hard labour in the jail of the city and county of Philadelphia for larceny, stating that this is the first offence, that she is of a reputable fam- ily, and only seventeen years of age, and praying that Council would be pleased to grant her a pardon, being read, and the peti- tioner being well recommended to Council ; it was thereupon,


Resolved, To pardon the said Eleanor Byron.


The Council met.


PHILADELPHIA, Monday, August 9th, 1790.


PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President.


James Read


Benjamin Elliott,


Richard, Willing, Jonas Hartzell,


Abraham Smith,


Nathaniel Breading, and


Christopher Kucher,


William Wilson, (now re-


Amos Gregg, turned )


The Council met.


PHILAD'A, Tuesday, August 10th, 1790. PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice Presid't.


Samuel Miles, Jonas Hartzell,


James Read, Nathaniel Breading,


Amos Gregg, Mr. Potts,


Richard Willing,


Christopher Kucher, and Esquires. Abraham Smith, William Wilson, Benjamin Elliott,


Upon consideration of the petition of Mary Cunningham, now confined in the jail of this city for larceny, and a certificate from the Jailor that her time of servitude is expired, it was


Resolved, To remit the fine of twelve pounds, to which she was sentenced for the said offence.


On motion of Colonel Miles, it was


Resolved, That the several depositions respecting the murder of two friendley Indians, on the waters of Pine Creek in the county of


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MINUTES OF THE


Northumberland, be transmitted to the Attorney General, in order that presentment may be made in the proper county, against the murderers.


-


The Council met.


PHILADELPHIA, Wednesday, August 11th, 1790. 1 PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


Samuel Miles, Jonas Hartzell, .


James Read, Nathaniel Breading,


Abraham Smith, Zebulun Potts,


Christopher Kucher,


Amos Gregg, and


Esquires.


Benjamin Elliott, William Wilson,


A return of officers chosen in the fifth battalion of Berks county militia, was received from Colonel Vallentine Eckart, the Lieuten- ant of that county, and the same being read, commissions were directed to be issued agreeably thereto.


On motion,


Resolved, That the Vice President, Mr. Wilson, Mr. Miles and Mr. Smith, be a committee to consider of and report to Council the heads of a message to the Legislature, at their next meeting.


The Council met.


PHILADELPHIA, Thursday, August 12th, 1790. PRESENT : His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.


Samuel Miles, Benjamin Elliott,


James Read, William Wilson,


Christopher Kucher, Nathaniel Breading,


Abraham Smith, Amos Gregg, and


Esquires.


Jonas Hartzell, Zebulun Potts,


William Findley,


Agreeably to the Register and Comptroller General's reports of the twenty-third of July last, an order was drawn upon the Trea- surer in favor of Ephraim Douglass, Esquire, for the sum of seven hundred and sixty-three pounds, payable according to an act of As- sembly passed the third day of March last, out of the fund appro-


419


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SUPREME EXECUTIVE COUNCIL.


priated for claims and improvments by act, entituled " An Act to provide divers funds accruing and growing due to this Common- wealth towards the expences of Government, and to provide a fund for other purposes," so as not to interfere with the appropriation of part of the said fund made and directed by an act, entituled An Act to appropriate the sum of five thousand pounds annually for the purposes therein mentioned, &ca , being the amount of his ac- count for surveying two hundred and eighteen lots of land in dis- trict number three of the depreciation lands.


The Council met.


PHILADELPHIA, Friday, August 13th, 1790.


PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President.


Amos Gregg, Jonas Hartzell,


Christopher Kucher,


William Wilson,


Samuel Miles,


Frederick Watts,


Benjamin Elliott,


William Findley, and


Abraham . Smith,


James Martin, (now


Zebulun Potts, Nathaniel Breading,


returned.)


A return of officers elected in the first, second and fourth bat- talions of militia of Chester county, was received from Joseph McClellan. Esq'r, Lieutenant of the said county; and the same being read, and commissions were directed to issue agreeably thereto.


A petition from Abraham Sheridan, of Berks county, stating that he keeps a public house of entertainment in the said county ; that he is unable to pay his tavern licence fees and excise, and praying Council would be pleased to exempt him from the pay- ment of the same, was read, and an order taken that the petitioner have leave to withdraw his petition.


Upon further consideration of the petition of Peter Roberts, who was convicted of a misdemeanor in having defrauded Mary Eyre, and is now confined in the jail of the city and county of Phila- delphia, with a recommendation from a number of respectable citi- zens in his behalf, and Mrs. Eyre having informed Council that the petitioner has made restitution to her for the property stolen, and signified to the Board a wish that he may be released from con- finement, it was thereupon


Resolved, That the fine of the State and the imprisonment at hard labor, to which the petitioner was sentenced for the said offence, be remitted, on condition of his leaving the United States, not to return.


An order was drawn upon the Treasurer in favor of the Honor- able Jonas Hartzell, for the sum of seventy-eight pounds, in full


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MINUTES OF THE


of his attendance in Council one hundred days, between the seventh of April and thirteenth of August, 1790, the last day included.


-


The Council met.


PHILADELPHIA, Saturday, August 14th, 1790.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


Amos Gregg, Frederick Watts,


Samuel Miles,


William Finley,


Richard Willing,


William Wilson,


James Read,


Benjamin Elliott,


Esquires.


Christopher Kucher,


Nathaniel Breading, and


Abraham Smith, Zebulun Potts,


James Martin,


The Treasurer and Register General's reports upon the account of Francis Johnston, Esquire, Receiver General of the Land Office. for fees received in the said office in the months of May, June and July, 1790, amounting to two hundred and eighty-six pounds, fifteen shillings and six pence, was read and approved.


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


In favor of William Bradford, Junior, Esquire, for the sum of one hundred and forty-five pounds sixteen shillings and eight pence, for his salary as Attorney General of this State from the first of January until the first of August, 1790.


In favor of Mary Magdelan Rowe for the sum of fifteen pounds five shillings, being the amount of a warrant of Council in her favour dated the twenty-fifth of November, 1789, for her pension due from the twenty-sixth of September, 1786, until the seventh of October, 1788, payable out of the fund arising from militia fines; but the said fund not being productive, the said warrant is now delivered up to be cancelled.


In favor of the said Mary Magdelan Rowe for thirteen pounds fifteen shillings, being the amount of her account for pension from the seventh of October, 1788, until the seventh of August, 1790, according to a decree of the Orphans' Court of the county of Nor- thumberland, dated the twenty eighth day of May last.


In favor of Mary Anne Lepley for twenty nine pounds eight shil- lings, being the amount of pension due to her from the twenty- eighth of Juue, 1786, to the twenty-eighth of July, 1790, accord- ing to a decree of the Orphans' Court of the county of Northum- berland, dated the sixth day of July last.


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SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, Monday, August 16th, 1790.


PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President.


James Read,


James Martin,


Abraham Smith,


Frederick Watts,


Richard Willing,


William Findley,


Esquires.


Zebulun Potts,


Benjamin Elliott, and


'A mos Gregg,


William Wilson,


Nathaniel Breading,


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


In favor of Mary Neese for the sum of eighty-four pounds, being the amount of a warrant of Council dated the twenty-seventh of December, 1788, which was drawn in her favor for the support of herself and children, until the twenty-ninth of November, 1788, according to an act of Assembly dated the twentieth of March, 1780, payable out of the militia fines of the county of Northum- berland; but that fund not being productive, the said warrant is now delivered up to be cancelled.


In favor of said Mary Neese, for the sum of fifteen pounds, be- ing the amount of pension due to her from the twenty-ninth of November, 1788, until the twenty-ninth of July, 1790, according to a decree of the Orphans' Court of the county of Northumber- land, dated the twenty-eighth of May last.


Upon the petition of Rebecca Brock, who is now confined in the jail of the city and county of Philadelphia; it was


Resolved, To remit the fine of five pounds which was imposed upon her by the Court of General Quarter Sessions of the county of Philadelphia, for an assault and battery.


VOL. XVI .- 28.


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MINUTES OF THE


The Council met.


PHILADELPHIA, Tuesday, August 17th, 1790. PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President.


James Read, Benjamin Elliott,


Christopher Kucher, William Wilson,


Abraham Smith, Amos Gregg,


James Martin, Nathaniel Breading, and


Esquires.


Frederick Watts,


Richard Willing,


William Findley,


Agreeably to the Comptroller and Register General's reports, an order was drawn upon the Treasurer in favor of William Gray, Esquire, for the sum of thirty-three pounds three shillings, for sur- veying ten tracts of land for the use of the German Reformed con- gregation in the city of Philadelphia, according to an Act of the General Assembly, passed the


An order was also drawn upon the Treasurer in favor of Charles Biddle, Esquire, for the sum of one hundred pounds, for which sum he is to be accountable.


Mr. Wilson laid before Council a discription of the four persons, who lately murdered two friendly Indians on the waters of Pine Creek ; whereupon, it was


Resolved, That the President be requested to write a letter in an- swer to the letter received yestered from Justice Freeman, of Port- land, in the State of Massachusets, informing Council that four strangers had made their appearance in his neighbourhood, and that it is supposed they are the persons who murdered the said Indians, and that the said descriptions be inclosed in the President's letter, with a few copies of the Proclamation issued by Council on the 9th of July last, for apprehending the said murderers.


Albret Gallatin, Esquire, of the county of Fayette, laid before Council a certificate from Ephraim Douglass, agent for the sale of forfeited estates in the said county, that a certain James M'Donald hath purchased at public sale a tract of two hundred and ninety- five acres, & a half of an acre of land situate in the said county, on the waters of Dunlap's creek, which was forfeited to this Com- monwealth by Anthony Yeldall's, attainder of high treason, that he hath paid the purchase money therefore, and requesting that a patent may issue to the said James McDonald, for the said land ; whereupon,


Resolved, That a patent issue to the said James McDonald, for the said tract of land in the usual form.


On motion of Mr. Breading, it was agreed to cancel the order which was granted on the twelfth instant, to Ephraim Douglass, Esquire, for seven hundred and sixty-three pounds, for surveying


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SUPREME EXECUTIVE COUNCIL.


the third district of depreciation lands, and in lieu thereof to issue three orders amounting to the same sum, vizt : one for one hundred pounds, one other for two hundred and forty pounds, and a third for the sum of four hundred and twenty-three pounds, all payable in the manner expressed in the minute of Council of that day.


The Council met.


PHILADELPHIA, Wednesday, August 18th, 1790.


PRESENT :


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


James Read, William Findley,


Christopher Kucher,


Benjamin Elliott,


Samuel Miles,


William Wilson,


Abraham Smith,


Nathaniel Breading,


Esquires.


Zebulun Potts,


Amos Gregg, and


James Martin, Frederick Watt,


Richard Willing,


A letter from General Richard Butler, Lieutenant of the county of Allegany, inclosing a letter from General St. Clair, Governor of the Western Territory, containing a requisition for five hundred men agreeably to Act of Congress of the twenty-ninth of Septem- ber, 1789, for troops from this State to act in concert with the troops of the United States against the Indians, was received and read ; whereupon, it was




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