USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XVI > Part 40
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'The Council met.
PHILADELPHIA, Monday, September 6th, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
James Read, Benjamin Elliott,
Richard Willing,
Jonas Hartzell,
Christopher Kucher,
William Findley,
James Martin,
Abraham Smith,
Esquires,
Henry Taylor,
Samuel Miles,
Frederick Watts,
John Wilkins, and
Samuel Edie,
Lord Butler, and
William Wilson,
Zebulun Potts,
The following orders were drawn upon the Treasurer, wizt :
In favor of John Smilie, Esquire, for the sum of fifteen pounds, in full of his account for twenty days' attendance in Council, be- tween the twentieth day of November and the fifteenth day of September, 1787.
In favor of the Honorable John Baird, Esquire, for the sum of twelve pounds, in full of his accounts for sixteen days' attendance in Council, between the twentieth of November and the fifteenth of December, 1787.
The Comptroller and Register General's reports upon the follow- ing accounts, were read and approved, vizt :
Of the estate of James Guffee, for a horse which was lost on the Sandusky expedition against the Indians in 1782, amounting to fourteen pounds.
Of Captain Gilbert McCoy, for the pay of his company of Cum- berland county militia, for militia services in the year 1779, amounting to twenty-two pounds and nine pence.
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MINUTES OF THE
The Council met.
PHILADELPHIA, Tuesday, September 7th, 1790.
PRESENT ;
The Honorable the Vice President.
Samuel Miles,
Samuel Edie,
James Read,
Frederick Watts,
Amos Gregg,
William Findley,
Abraham Smith, Benjamin Elliott,
Zebulun Potts,
Jonas Hartzell,
Christopher Kucher,
Lord Butler, and
James Martin,
Richard Willing,
Henry Taylor,
Agreeably to the Comptroller and Register General's report, an order were drawn upon the Treasurer in favor of James Cheva- lier, for the sum of thirty-five pounds fourteen shillings and three pence, being one quarter's salary due to him as Clerk in the Re- gister General's office from the seventh of June until the sixth of September, 1790.
Upon the second reading of a letter from William Henry, Es- quire. requesting Council to accept his resignation of the office of Lieutenant of the City and Liberties of Philadelphia, it was
Resolved, 'That the said resignation be accepted.
Edward Bartholomew and Jonathan Bayard Smith, Esquires, were offered and accepted as sureties for Robert Lollar, Esquire, Register and Recorder of Deeds of the county of Montgomery.
Samuel Hodgdon and Nathaniel Falconer, Esquires, for Timothy Pickering, Esquire, Register and Recorder of the county of Lu- zerne ; and Benjamin Elliott and James Martin, Esquires, for David Espy, Regis. and Recorder of the county of Bedford.
Mr. Peters, Speaker of the late House of Assemby, having in- formed Council that he in some degree considers himself responsi- ble for the books and papers belonging to the House of Assembly, and requested the Board to take into consideration the propriety of appointing a person to take charge of the papers, &ca., in order that access may be had to them whenever Council or any other body or persons may legally apply ; whereupon, it was agreed that Peter Zachary Lloyd, Esquire, be considered as the person in whose charge and care the papers and books belonging to the late House of Assembly are until the meeting of the next Legislature.
On motion,
Resolved, That Mr. Wilkins be added to the committee appointed on the thirtieth ult. to assist the Comptroller and Register General in the examination of certificates, according to an act of Assembly of the first of April last.
Esquires.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Wednesday, September 8th, 1790.
PRESENT :
The Honorable GEORGE ROSS, Esquire, Vice President.
Samuel Miles,
Richard Willing,
James Read,
Amos Gregg,
Abraham Smith,
Flenry Taylor,
Christopher Kucher,
Samuel Edie,
William Findley,
James Martin,
Esquires.
Benjamin Elliott,
Lord Butler, and
John Wilkins,
Zebulun Potts,
Frederick Watts,
John Dentzell, Esquire, was appointed and commissionated a Justice of the Peace of the Court of Common Pleas in and for the county of Dauphine, upon a return made according to law from the town of Harrisburgh, in the said county.
On motion,
Resolved, That Friday next be assigned for going into the ap- pointed of a Lieutenant of the City and Liberties of Philadelphia, in the room of William Henry, Esquire, resigned.
The report of the Comptroller and Register General upon the account of Ephraim Duglass, Esquire, for monies belonging to the Commonwealth received by him as Agent for the sale of Confiscated Estates in the county of Fayette, amounting to one hundred and twelve pounds, was read and approved.
The Council met.
PHILADELPHIA, Thursday, September 9th, 1790.
PRESENT :
The Honorable GEORGE ROSS, Esquire, Vice President.
Samuel Miles, Samuel Edic,
Christopher Kucher, James Martin,
Abraham Smith, William Findley,
Zebulun Potts,
John Wilkins, Esquires.
Amos Gregg,
Benjamin Elliott,
Frederick Watts, Henry Taylor,
Lord Butler,
The Comptroller and Register General's report upon the account of Nicholas Miller for buileting soldiers in the year 1778, 1780 and 1781, and for supplies of wood, &ca., for them at the same
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time, amounting to sixteen pounds eleven shillings and six pence, was read, and the same was disapproved unanimously.
Upon the report of the committee to whom it was referred to enquire and to report to Council what offices are vacant which were lately in the appointment of the General Assembly, it was
Resolved, That Christian Febiger, Esquire, be re-appointed Trustee of the General Loan Office of this State; and that George Bryan, Esquire, and Samuel Miles, Esquire, and Mr. Peter Deha- ven, be re-appointed Trusties of that part of Province Island which belongs to the State, and of the Hospitals thereon.
A report from David Espy, Jacob Wink and William Patterson, Esquires, three Justices of the Peace of Bedford county, who were on the twenty-second of July last appointed by Council to investi- gate the several complaints against the election of Justices of the Peace in Bedford and Colerain townships, in the said county, ac- cording to act of Assembly passed the thirty-first of March, 1784, was received and read ; and the said report, with the returns of the said elections, being considered, there appeared to Council no suffi- cient reason for setting the said election aside ; whereupon it was
Resolved, That the said complaints be dismissed, and that Wil- liam Proctor and John Cessna, Esquires, be appointed and com- missionated Justices of the Peace and of the Court of Common Pleas in and for the county of Bedford, they being the highest in votes-the former elected in Bedford township, and the latter in Colerain township.
Upon the report of the committee to whom was referred the ap- plication and account of Daniel Leet, it was
Resolved, That an order be drawn upon the Treasurer in his fa- vor, for the sum of seven hundred and seven pounds, according to act of Assembly passed the third day of March, 1790, payable out of the funds appropriated for claims and improvements by an act of Assembly passed the twenty-sixth of March, 1789, so as not to interfere with the appropriations of part of the said fund by another act, dated the twenty-eighth of September, 1789, being the amount of his account for surveying the two hundred and two lots in the second district of depreciation lands, according to the Register and Comptroller General's report of the first and second instant.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Friday, September 10th, 1790.
PRESENT :
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles,
Frederick Watts, r
Christopher Kucher,
Henry Taylor,
Amos Gregg,
Benjamin Elliott,
Abraham Smith,
James Martin,
Esquires.
Zebulun Potts,
Jonas Hartzell,
William Findley,
Richard Willing,
Samuel Edie, John Wilkins,
Lord Butler,
Agreeably to the order of the day, Council proceeded to the ap- pointment of a Lieutenant of the city of Philadelphia and districts annexed, in the room of Colonel William Henry, resigned ; and the ballots being taken for the several candidates for the said office, it appeared that Thomas Proctor, Esquire, was unanimously elected.
The committee appointed to examine the accounts referred to in Mr. Lloyd's memorial of yesterday, reported, that having exam- ined the accounts, they find that the sum of ten pounds, as stated by Mr. Lloyd to be due for the pay of the late members of Assem- bly in the last session, by an error in casting up the sums ; where- upon,
An order was drawn upon the Treasurer in favor of Peter Zach- ary Lloyd, Esquire, for the sum of ten pounds, for which he is to account.
Upon the petition of Mary Herrin, and a respectable recommen- dation from several Justices of the Peace and others, of the county of Chester, in her behalf, for remission of the fine and punishment at hard labour to which the petitioner was sentenced by the Court of General Quarter Sessions of the Peace of the said county, for stealing two sheep, the property of William Biggs, it was
Resolved, That the said Mary Herrin be and she is hereby par- doned.
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MINUTES OF THE
The Council met.
PHILADELPHIA, Saturday, September 11th, 1790.
PRESENT :
The Honorable GEORGE ROSS, Esquire, Vice President.
Samuel Miles, John Wilkins.
James Read,
Amos Gregg,
Zebulun Potts,
Frederick Watts,
Christopher Kucher,
Henry Taylor,
Esquires.
Jonas Hartzell,
Benjamin Elliott,
Richard Willing,
James Martin,
Abraham Smith,
Lord Butler, and
Samuel Edie, William Findley, J
Richard Willing, Esquire, and Mr. Robert Erwin, were offered and accepted as sureties for William Richardson Atlee, Esquire, Register of Wills and Recorder of Wills and Recorder of Deeds ; and John Wilkins, Junior, and Jacob Bausman, for Samuel Jones, Esquire, Register of Wills and Recorder of Deeds for the county of Allegany.
Ezekiel Sconover, Esquire, was appointed and commissionated a Justice of the Peace and of the Court of Common Pleas in and for the. county of Northampton, upon a return made according to law from the district of the township of Upper Smithfield, in the said county.
A petition from Anthony Cunningham, who hath been indicted in the Mayor's Court, for larceny, in stealing a coat, the property of Israel Wheelen, stating his case, and praying that Council would be pleased to direct that no farther proceedings may be had against him, was read, with a recommendation in his favor from the said Israel Wheelen ; whereupon, it was
Resolved, That the said petition be referred to the Attorney General.
Upon the petition of Jacob Rumble, praying remission of the fine payable to the use of the State, upon his being convicted at the last Court of General Quarter Sessions of the Peace held in the county of Philadelphia, of adultery, it was
Resolved, To remit that part of the fine of fifty pounds which belongs to the Commonwealth, to which he was sentenced for the said offence.
Agreeably to the minutes of Council dated the second of Decem- ber, 1786, and seventh of September, 1787, two orders were drawn upon the Treasurer in favor of William Bradford and Jonathan Dickinson Sergeant, Esquires, for the sum of twenty pounds each, as a compensation for their services in defending an eject-
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SUPREME EXECUTIVE COUNCIL.
ment now pending in the county of Bucks for an estate which was confiscated and sold to Joseph Thomas.
The Council met.
PHILADELPHIA, Monday, September 13th, 1790. PRESENT :
The Honorable GEORGE ROSS, Esquire, Vice President.
Zebulun Potts, Frederick Watt,
Christopher Kucher,
Henry Taylor,
Jonas Hartzell,
Richard Willing,
Benjamin Elliott, James Martin,
Esquires
Abraham Smith,
Lord Butler,
Samuel Edie,
William Findley,
Amos Gregg,
Upon the petition of William Beatty a prisoner in the jail of the county of Delaware, and a recommendation from three justices of the peace of the said county in his behalf for remission of the fine of ten pounds, to which the petitioner was sentenced by the Court of General Quarter Sessions of the said county, for fornication and bastardy ; it was
Resolved, To grant the prayer of the petitioner.
Samuel Jones, Esquire, Register of Wills and Recorder of Deeds for the county of Allegany, appeared in Council and expressed & wish to substitute as his surety Jacob Bright for Mr. Bausman who was accepted on Saturday last; whereupon it was agreed to accept Mr. Bright as surety in the room of the said Jacob Baus- man.
A petition from John Willisby, a prisoner at hard labour in the jail of the county of Chester, praying that Council would be pleas- ed to remit the several fines and punishments at hard labor to which he was sentenced by the Court of General Quarter Sessions of the peace of the said county for two larcenies of which he hath been convicted, was read with a recommendation in his behalf from a number of respectable inhabitants of the said county, and a certificate from the Sheriff that he hath behaved himself peaceably since his confinement ; whereupon, it was
Resolved, That the said John Willisby be and he is hereby par- doned.
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MINUTES OF THE
The Council met.
PHILADELPHIA, Tuesday, September 14th, 1790. PRESENT :
The Honorable GEORGE ROSS, Esquire, Vice President.
Samuel Miles, James Martin,
Christopher Kucher,
Lord Butler,
Zebulun Potts,
Benjamin Elliott,
Abraham Smith, 1
Henry Hartzell,
Henry Taylor,
Frederick Watts,
Esq'rs.
Samuel Edie,
William Findley, and
Jobn Wilkins, Richard Willing,
Amos Gregg,
A letter from the Attorney General informing Council that Jacob Benner, a delinquent collector of taxes, is now confined in the jail for the sum of one hundred and fifty-two pounds three shillings and eleven pence due to the Commonwealth, that the father of the said Benner (a substancial freeholder) has given his bond and war- rant of attorney to confess judgment for the sum due from his son payable with interest, one-half in one month, and the remainder in twelve months, and requesting the advice of Council, being read,
Ordered, That the Attorney General be directed to discharge the said Jacob Benner, he paying the costs of suit.
Mr. Findley produced a certificate from the Receiver General of the Land Office, that the lot No. 89 in Nathaniel Breading's dis- trict of depreciation lands was on the sixth day of March, 1786, sold to George Syder who had paid neither the purchase money or office fees ; whereupon, it was
Resolved, 'To consider the said lot as reverted to the State, as the purchaser had not complied with the terms of the law.
A petition from Baltzer Kentzler and wife in behalf of their sons Baltzler and George, who were convicted at the Court of General Quarter Sessions of the Peace of the county of Philadel- phia, of stealing a horse, stating that the said horse was very old, and had been turned out on the commons by the owner as useless, and praying that Council would be pleased to grant them remis- sion of the fine' and punishment to which they have been senten- ced by the said Court for the said offence was read, and Colonel Miles having stated to Council (from information) some of the cir- cumstances attending the said offence, from which Council have reason to believe that the prosecution was a malicious one ; it was thereupon,
Resolved, That the said Baltzer and George Kinsler, be and they are hereby pardoned.
Upon the petition of James Osburne for remission of the fine and punishment at hard labour to which he was sentenced at the
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SUPREME EXECUTIVE COUNCIL.
last Mayor's Court for larceny, and a certificate from the jailor that he has behaved himself peaceably since his confinement; it was
Resolved, That the fine of five pounds to the Commonwealth, and the punishment of hard labour for one year, to which the petitioner was sentenced for the said offence be remitted.
Mr. Potts produced a power of attorney from John Whiteman, authorizing a certain Anthony Musgenung to draw his donation lands, and stated that when he applied to the committee for leave to draw, the power of attorney was not acknowledged, upon which the committee objected to his drawing the lot, and that the application was within the time limited by law ; whereupon, it was agreed that Mr. Potts permit John Whiteman by his attorney to draw the said lots, and that Peter Trexler, Esquire, in right of Jacob McClane, whose application is circumstanced nearly as the above be also per- mitted to draw.
Mr. Elliott was appointed to attend the drawing, instead of Mr. Read, who is absent, and who was, with Mr. Potts, specially ap- pointed to that duty.
-
The Council met.
PHILADELPHIA, Wednesday, September 15th, 1790.
PRESENT :
The Honorable GEORGE ROSS, Esquire, Vice President.
Samuel Miles, Zebulun Potts,
Christopher Kucher, Jonas IIartzell,
Abraham Smith, Frederick Watt, Henry Taylor, Lord Butler, Benjamin Elliott, William Finley, and
1 Esquires.
Samuel Ldie, John Wilkins,
Richard Willing, 1 James Martin,
VOL. XVI. - 30.
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The Council met.
PHILADELPHIA, Thursday, September 16th, 1790.
PRESENT :
The Honorable GEORGE ROSS, Esquire, Vice President.
Samuel Miles,
Samuel Edie,
Christopher Kucher,
Jonas Hartzell,
Zebulun Potts,
Frederick Watts,
James Martin,
Abraham Smith,
Esquires.
John Wilkins,
Benjamin Elliott,
Henry Taylor,
Richard Willing, and
Lord Butler, William Findley,
Amos Gregg,
Agreeably to the Comptroller and Register General's report, an order was drawn upon the Treasurer in favor of Nathaniel Bread- ing, Esquire, for the sum of three pounds ten shillings, payable according to act of Assembly passed the third day of March, 1790, out of the fund appropriated for claims and improvements, by an act of Assembly entituled An Act to appropriate divers funds ac- cruing and growing due to this Commonwealth, towards the ex- pences 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 entitled An Act to appropriate the sum of five thousand pounds annually for the purposes therein mentioned, &ca., being the fees for surveying the lot No. 99 in the third district of depreciation lands
Upon the second reading of the report of the Committee to whom was referred the petition of Samuel A. McCoskry, late Surgeon's Mate in the Corps of Artillery Artificers.
It was agreed that the Committee be instructed to request the opinion of the Attorney General in writing on this subject.
The Comptroller General and Register General's report upon the account of Benjamin Elliott, Esquire, for his services as Lieuten- ant of Huntingdon county, in the years 1788, 1789, and 1790, by which the sum of nineteen pounds five shillings and three pence appears to be due to him, was read and approved, for which sum an order was drawn upon the Treasurer, payable out of the mili- tia fines of Huntingdon county.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Friday, September 17th, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, Presid't.
The Honoroble GEORGE Ross, Esquire, Vice President.
Samuel Miles,
Samuel Edie,
Christopher Kucher,
Henry Taylor,
Abraham Smith,
Jonas Hartzell,
Zebulun Potts,
Frederick Watts,
Esq'rs.
Lord Butler,
Benjamin Elliott, and
John Wilkins, William Findley,
James Martin,
Jonathan Dickinson Sergeant, Esquire, of Philadelphia, and Dan- iel Martin, of the county of Bucks, were offered and accepted as sureties for James Hanna, Esquire, who was appointed on the fourth instant Register of Wills and Recorder of Deeds in and for the county of Bucks.
Upon further consideration of the petition of Benjamin Thrape, who was convicted of a burglary and larceny at a Court of Oyer and Terminer held at Philadelphia the twenty-sixth of January, 1789, and who is now confined in the jail of the said city and county at hard labour for the said crimes, with a recommendation for a pardon from the county commissioners, and from Mr. Rey- nolds, the Jailor ; it was
Resolved, To pardon the said Benjamin Thrape.
Upon the second reading of the petition of Captain Andrew Mil- ler, who was fined at the court of Quarter Sessions of the county of Philadelphia in the sum of five hundred pounds for a breach of the act of Assembly entituled An Act to prevent infectious diseases being brought into this State, and it appearing to the Board by a recommendation from the Court that Captain Miller had no inten- tion of violating the law,
Resolved, That so much of the said fine of five hundred pounds as belongs to the State be remitted.
F
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MINUTES OF THE
The Council met.
PHILADELPHIA, Saturday, September 18th, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, Samuel Edie, 1
Christopher Kucher,
William Findley,
Abraham Smith,
James Martin,
Zebulun Potts,
Jonas Hartzell,
Esquires.
Lord Butler,
Richard Willing,
Frederick Watts,
Henry Taylor,
Benjamin Elliott,
John Wilkins,
A letter from William Lewis, Esquire, Attorney of the United States for the district of Pennsylvania, inclosing an ex- tract of a letter from the Honorable Thomas Jefferson, Esquire, Secretary of the United States, and requesting information relative to the acts or proceedings of this Council which may be supposed to contravene the Treaty of Peace with Great Britain, was received and read, and an order taken that Tuesday next be assigned for the consideration thereof.
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable Jonas Hartzell, Esquire, for the sum of eighteen pounds, in full for his attendance in Council from the thirtieth of August untill the twentieth of September, 1790, the last day included for two milages coming to Philadelphia and re- turning home.
In favor of the Honorable James Martin, Esquire, for the sum of thirty-four pounds five shillings and six pence, in full for his attendance in Council from the thirteenth of August until the eighteenth of September, 1790, for two days attendance the twenty- third and twenty-fourth of July, and for mileage coming to Phila- delphia.
The Comptroller and Register General's reports upon the follow- ing accounts were read and approved, vizt :
Of John Mitchell, Esquire, late Deputy Quarter Master Gen- eral of the United States, for sundry expenses paid on account of this State for hoisting the flag at Billingsport in May and June, 1779, and for sundry military stores and camp equipage purchased by him for the State in August and September, 1780, by which a ballance of fifty-seven pounds seven shillings and six pence specie, appears to be due by the State to the said John Mitchell.
Of William Chancellor, for a quantity of goods and merchandize purchased by Colonel William Wilson, by order of this Board, in pursuance of a resolution of the General Assembly, dated the sec-
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SUPREME EXECUTIVE COUNCIL.
ond day of September instant, to be delivered to the Chiefs of the Seneca Nations of Indians.
Upon further consideration of the petition of Frederick Deim- ling, who was convicted at the last Mayor's Court held in June last of forgery, and sentenced to pay a fine of ten pounds to the use of the Commonwealth, and to be imprisoned at hard labour for twelve months, praying Council would be pleased to grant him a pardon ; it was
Resolved, To pardon the petitioner.
The Council met.
PHILADELPHIA, Monday, September 20th, 1790.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, Henry Taylor,
Richard Willing,
Benjamin Elliott,
Samuel Edie, John Wilkins,
-1 Esq'rs.
Abraham Smith, Zebulun Potts,
William Findley, Frederick Watts, and
James Martin, Christopher Kucher,
The Comptroller and Register General's reports upon the follow- ing accounts were read and approved, vizt :
Of David Kennedy, Esquire, Secretary of the Land Office, for fees received in the said office from the eighth of June until the eighth of September, 1790, amounting to four hundred and sev- enty-one pounds three shilling and ten pence.
Of Jacob Clider, for a rifle gun which he lent to his brother Abraham Clider, who was killed in actual service in the militia of Northampton county, against the Indians in the year 1780, and the said rifle was lost, valued at six pounds.
Of Samuel Elie for his own pay as Colonel, and for the pay of the Staff Officers of his battalion of Berks county militia while on a tour of duty to Newtown, in the county of Bucks, from the first untill the eighteenth of October, 1781, under General Lacy, amounting to thirty pounds thirteen shillings and six pence.
A letter from the Honorable Henry Knox, Esquire, Secretary of War, of the fifteenth instant, requesting information respecting the payments which have been made by this State of pensions to invalids, was received and read, and the same referred to the Reg- ister and Comptroller General to report thereon.
A letter Peter Thompson, relative to his claim to a city lot of about eight acres in right of Thomas Andrews, an original pur-
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