Colonial records of Pennsylvania, Vol. XVI, Part 43

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


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The principal error in drafting is on the eastward of the forty- three mile post, or tree, as they come near at that place.


ALEXANDER McCLEAN.


477


SUPREME EXECUTIVE COUNCIL.


The report of the Commissioners who were appointed to view the before-mentioned road, is as follows :


BEDFORD, May 26th, 1790.


In consequence of a resolution of the General Assembly of the Commonwealth of Pennsylvania, dated the twenty-first day of No- vember, 1788, and an extract from the minutes tested in Council the fourteenth day of March, 1789, and to us directed, we have viewed and marked out a road between Bedford and Pittsburgh, agreeably to the directions given in said resolution, to the best of our knowledge and understanding, a plan of which we hereunto annex, and would just observe to Council that we consider it im- practicable to make it nearer without increasing the expence to such a degree that we fear being approved, at the same time are of opinion that the distance may be shortened considerably by great labor and expence, in forcing a passage down the Allegany moun- tains, northward of the present road, which we have not attempted for the reasons aforesaid. We have viewed with much attention the ground westward thereof, and find it is not impossible, altho' very difficult.


ALEXANDER McCLEAN, JAMES GUTHRIE, JOHN SKINNER.


The Supreme Executive Council of the State of Pennsylvania.


The consideration of the several claims of Richard Peters, Charles Cecil, Nicholas Young and Peter Thompson, was postponed.


The Council met.


PHILADELPHIA, Wednesday, September 29th, 1790. PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


Samuel Miles, Frederick Watt,


Christopher Kucher, James Martin, - Abraham Smith, Jonas Hartzell, Esquires. Lord Butler, Zebulun Potts, and Samuel Edie, Richard Willing,


The Treasurer and Register General's reports upon the follow- ing accounts, were read and approved, vizt :


Of Samuel Turbutt, Esquire, Collector of Excise in the county of Lancaster, for excise collected from the third of October, 1789, untill the twenty-eighth of September, 1790, amounting to one thousand two hundred and eight pounds three shillings and two


478


MINUTES OF THE


pence, which sum hath been paid into the Treasury, except eight pounds charged for expences.


Of Jacob Arndt, junior, treasurer of the county of Northampton, for monies received on account of taxes in said county, from March to September, 1790, amounting to nine hundred and eighty-two pounds fifteen shillings and ten pence.


Of Matthew Irwin, Esquire, Master of the Rolls, for inrolling the laws of the Commonwealth, from the nineteenth of November, 1789, untill the twenty-third of April, 1790, amounting to forty- five pounds one shilling and four pence, for which sum an order was drawn upon the Treasurer.


An order was drawn upon the Treasurer in favor of the Honor- able Lord Butler, Esquire, for the sum of thirty-three pounds fif- teen shillings, being the amount of his account for attendance in Council from the twenty-fourth of August, untill the twenty-ninth of September, 1790, inclusively, and mileage coming to Philadel- phia and returning home.


Thomas Johnston, Esquire, was appointed a Justice of the Peace and of the Court of Common Pleas in and for the county of Frank- lin, upon a return made according to law for the township of An- trim in the said county.


An order was drawn upon the Treasurer in favor of John Donald- son, Esquire, for the sum of one hundred and twenty-five pounds, being one-quarter salary due to him as Register General of the ac- counts of this State, and ending the twenty-eight instant, accord- ing to the Comptroller General report.


A petition from Thomas Gregory now confined in the jail of this city for larceny, with a certificate from Mr. Reynolds the jailor, that his time of servitude is expired, and that he has been of good behaviour during his confinement; being read, it was


Resolved, That the fine of thirty five shillings and punishment, to which he was sentenced by the Mayor's Court for the said offence be remitted.


The fine of five pounds to which George Reinhart was sentenced by the Mayor's Court for an assault and battery upon a certain George Heck, was also remitted agreeably to the prayer of his peti- tion.


A petition from George Detrick Molk, who hath been convicted at the Mayor's Court of larceny in stealing a quantity of thread, the proporty of William Deshong, stating that this is the first of- fence, and praying that Council would be pleased to grant him a remission of the fine and punishment at hard labour, to which he has been sentenced, was read, with a recommendation from the Petit Jury, and from John Stine, with whom the petitioner hath lived for fourteen months before his conviction, certifying his good be- haviour ; whereupon it was


Resolved, That the said John George Deitrick Molk be and he is hereby pardoned.


1


479


SUPREME EXECUTIVE COUNCIL.


Upon the second reading of a petition of William Hobbert, who hath been convicted of larceny upon two indictments in the county of Franklin, and a recommendation from several respectable inhabi- tants of the said county for the pardon of the petitioner ; it was


Resolved, That the said William Hobbert be and he is hereby pardoned.


The Council met.


PHILAD'A, Thursday, September 30th, 1790. PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


Samuel Miles, Frederick Watt,


James Read,


John Wilkins,


Abraham Smith,


James Martin,


Christopher Kucher,


Jonas Hartzell, and Esquires,


Benjamin Elliott,


Zebulun Potts,


Samuel Edie,


A petition from Elizabeth Mooney now confined in the jail of this city for larceny, with a certificate from Mr. Renolds the jailor, that her time of servitude is expired, and that she only remains in custody for the fine of thirty shillings due to the Commonwealth ; being read, it was


Resolved, That the said fine to which the petitioner was sentenced by the Mayor's Court in September, 1789, be and the said is hereby remitted.


Upon the report of the committee who were requested to enquire into the conduct and situation of Richard C. Skinner, John Messe- mer, junior, and Alexander Gardner, who are confined in the jail of this city, and have by their several petitions prayed Council to pardon the several offences of which they have been convicted; it was


Resolved, To pardon John Messemer, jun'r, and Alexander


1 Gardner, and that the pardon of the latter be on condition of his leaving this State immediately not to return.


The Comptroller and Register General's report upon the account of His Excellency Thomas Mifflin for leaden spouts taken from his house in August, 1777, for the use of the army, by Messieurs Evans, Allison and Worrell, according to a resolution of Council dated August 27th, 1777, in pursuance of a resolution of Congress of the day preceeding, amounting to forty-eight pounds one shilling and three pence, was read and approved.


The following orders were drawn upon the Treasurer, vizt : In favor of the Honorable Benjamin Elliott, Esquire for the sum of


±80


MINUTES OF THE


fifty-four pounds ten shillings in full of his account for attendance in Council from the third of August until the thirtyeth of Septem- ber inclusively, and for mileage coming to Philadelphia in August and going home at this time.


In favor of Frederick Sneider for the said sum of fifteen pounds in full for his attendance as doorkeeper to Council in the month of September, 1790.


The Council met.


PHILA'A, Friday, October 1st, 1790. PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, Presi't.


The Honorable GEORGE Ross, Esquire, Vice President.


James Read, Samuel Edie,


Christopher Kucher,


Frederick Watt,


Abraham Smith,


John Wilkins,


Esquire.


Zebulun Potts,


James Martin, and


Richard Willing,


Jonas Hartzell,


Benjamin Elliott,


A petition from Emanuel Eyre for the pardon of his negro slave Fortune, who hath been convicted at the last Court of Oyer and Terminer held in the county of Philadelphia of receiving stolen goods, knowing them to be such, and a petition from James Oellers in behalf of his negro slave Sarah Craig, who was convicted at the same Court of the like offence, being read, and it being certified to Council that the said slaves had before their conviction behaved themselves well ; it was thereupon,


Resolved, That the said Negros Fortune, and Sarah be pardoned.


Upon the petition of Samuel Findley, of Franklin county, and a recommendation from a number of respectable inhabitants of the said county, in his behalf, for remission of a forfeiture of fifty pounds to the Commonwealth, which the petitioner has incurred by reason of the non-appearance of Anthony Blainey at the last June Court of Quarter Sessions of the Peace for the said county, to answer for an assault and battery upon a certain John Carral, it was


Resolved, To remit the said forfeiture.


A petition from Daniel Daugherty, who was convicted at the last Court of Oyer and Terminer held in the county of Philadelphia of robing a certain Abraham Scott, being read, and a committee of Council who lately made some enquiry into his case having report- ed in his favor, it was


Resolved, To pardon the petitioner.


Mr. Willing was appointed to attend the Board of Property for the month of October.


481


SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, October 2nd, 1790, Saturday.


PRESENT :


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


Christopher Kucher, James Martin, r


Samuel Miles,


Jonas Hartzell,


James Read,


Abraham Smith,


Zebulun Potts,


Samuel Edie,


Esquires.


Richard Willing,


Frederick Watts,


John Wilkins,


The reports of the Comptroller and Register Generals upon the following accounts were read and adopted, vizt :


Of Abraham Smith, Esquire, late Lieutenant of the county of Franklin, for one hundred and seventy-six days employed in the duties of the said office from the seventh of April, 1785, untill the twenty-eighth of November, 1787, amounting to one hundred and ten pounds, for which sum an order was drawn upon the Treasurer in favor of the said Lieutenant, payable out of the monies arising from militia fines in the said county.


Of Captain Abraham Keeffer, for the pay of his company of Berks county militia, in the fifth battalion, for their services in de- fending the frontiers of Northumberland county in September, 1782, amounting to four hundred and twenty-five pounds nineteen shil- lings and ten pence.


The following orders were drawn upon the Treasurer vizt :


In favor of Anne McNeal, for the sum of three hundred and twenty-five pounds twelve shillings and six pence, being a ballance of pension which was decreed to her by the Orphans' Court of the county of Philadelphia, until the first day of January, 1788, in pur- suance of an act of General Assembly, passed the first day of March 1780, and according to the Comptroller General's report, of the eleventh of August, 1788.


In favor of Thomas Procter, Esquire, for the sum of seventy pounds, payable out of the militia fines of the said city, and of Philadelphia, for the purpose of paying the drummers and fifers who have been employed by him on the days appointed for exerci- sing the militia of the city and liberties of Philadelphia, and for other expences, for which sum the said Thomas Procter is to be accountable.


Petitions from Thomas Schockney and James Ryan, now con- fined in the jail of the city and county of Philadelphia, for larceny, with a certificate from Mr. Reynolds, the Jailor, that their time of servitude is expired, that they have been of good behaviour during


1


482


MINUTES OF THE


their confinement, and remain in custody only for the fines due to the Commonwealth, being read, it was


Resolved, That the said fines to which the petitioners were sen- tenced be remitted.


The fine of three pounds imposed upon William Thomas by the Mayor's Court, for keeping a disorderly house, was also remitted, agreeably to the prayer of his petition, and upon a recommendation from five of the Aldermen of the city in his favor.


Upon the second reading of a petition from John Burket, who was at the last Court of General Quarter Sessions of the Peace convicted of horse stealing, praying remission of the fine of twenty- seven pounds and the punishment at hard labour to which he was sentenced for the said offence, and the petitioner being recommend- ed to Council by William Coats, Esquire, and several respectable inhabitants of the county of Philadelphia for a pardon, it was


Resolved, To pardon the petitioner.


The Council met.


PHILADELPHIA, Monday, October 4th, 1790.


PRESENT :


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


James Read, Samuel Edie, 1 Esquires.


Christopher Kucher, Zebulun Potts,


Abraham Smith, Frederick Watt,


Richard Willing, John Wilkins, and


Jonas Hartzell, James Martin,


The Council met.


PHILADELPHIA, Tuesday, October 5th, 1790.


PRESENT :


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


Samuel Miles, Zebulun Potts, r


Abraham Smith, Frederick Watt,


Christopher Kucher, John Wilkins,


Esquires.


Richard Willing, James Martin, and


Jonas Hartzell, Samuel Edie,


An order was drawn upon the Treasurer in favor of the Honora- ble Samuel Edie, for the sum of thirty-three pounds fifteen shil-


483


SUPREME EXECUTIVE COUNCIL.


lings, in full of his account for attendance in Council from the first of September until the seventh of October, 1790, and for mileage coming to Philadelphia in August and going home at this time.


Upon farther consideration of the petition of Daniel Bickley, with a recommendation from George Forepaugh and Thomas Brit- ton, for remission of that part of the forfeiture of one hogshead of rum which belongs to the State, lately seized by the Collector of Excise in the city and county of Philadelphia, as not being entered by the petitioner according to law, and Mr. Kucher, who made some enquiry into the case, having reported that the allegations of the petitioner are true, it was


Resolved, That the State share of the said forfeiture be remitted.


Upon the second reading of a petition from Benjamin Miller, of Chester county, and a recommendation in his favor from several Justices of the Peace and respectable inhabitants of the said coun- ty, it was


Resolved, That the fine of ten pounds to which he was senten- ced by the Court of Quarter Sessions of the said county, for keep- ing a tipling house, be remitted.


The Council met.


PHILADELPHIA, Wednesday, October 6th, 1790.


PRESENT : His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


Samuel Miles, John Wilkins,


Christopher Kucher,


Richard Willing,


James Read,


Frederick Watt,


Esquires.


Abraham Smith,


Jonas Hartzell, and


Samuel Edie, James Martin,


Zebulun Potts,


A letter from William Wilson, Esquire, relative to the Walkers and his order in favor of Heburn and Cowden, for the sum of fifty pounds, the additional reward offered by direction of Council for the apprehending and confining in Lancaster or Philadelphia coun- ty jail, each of the murderers of the Indians on Pine creek, Samu. el Doyle, one of the murderers of the Indians, having been appre- hended and safely lodged in the jail of Lancaster county, being read, it was agreed to issue an order in favor of Messieurs Heburn and Cowden, for the sum of fifty pounds, to reimburse them for the like sum advanced by them to Colonel Wilson, to pay the ad- ditional reward aforesaid, to the person and persons who apprehend- ed and secured the said Samuel Doyle.


484


MINUTES OF THE


Upon the second reading of the petition from Daniel Folke, and a recommendation from six of the Justices of the Peace of the coun- ty of Chester in his behalf, it was


Resolved, To remit the State share of the fine of fifty pounds to which the petitioner was sentenced by the Court of General Quar- ter Sessions of the Peace of the said county, upon his being convic- ted of adultery.


The following orders were drawn upon the Treasurer, vizt :


In favor of the Honorable Samuel Edie, Esquire, for the sum of three pounds for four days' services as a commissioner in superin- tending the business of opening the public road through Black's Gap, agreeably to an order of Council dated June 24th, 1789, and in pursuance of an act of Assembly, passed on the twenty-seventh day of March in the same year.


In favor of the Honorable John Wilkins, Esquire, for the sum of forty-five pounds five shillings, in full of his attendance in Council from the twentyeth to the twenty-fourth of June and from the third of September until the seventh of October, 1790, inclusively, and his mileage coming to Philadelphia in September, and going home at this time.


In favor of the Honorable Abraham Smith, Esquire, for the sum of one hundred and nineteen pounds five shillings, in full of his account for his attendance in Council from the tenth untill the six- teenth of April, and from the eighteenth of May untill the seventh of October, 1790, and for mileage coming to Philadelphia in May, and returning home at this time.


The Council met.


PHILADELPHIA, Thursday, October 7th, 1790.


PRESENT : His Excellency THOMAS MIFFLIN, Esquire, Presid't. The Honorable GEORGE Ross, Esquire, Vice President.


Samuel Miles, · James Martin,


Christopher Kucher, John Wilkins,


James Read,


Richard Willing,


Abraham Smith,


Jonas Hartzell, and Esquires. Samuel Edie, Zebulun Potts, Frederick Watts,


The warrant drawn yesterday in favor of Messieurs Hepburn and Cowden to pay the additional reward offered by Council for apprehending and securing Samuel Doyle, being for fifty pounds paper money, it was


Resolved, That an additional order be drawn in their favor for six pounds five shillings paper money, to make good the sum which was engaged to be paid in specie.


485


SUPREME EXECUTIVE COUNCIL.


The Committee appointed by Council to examine the certificates and registers in the Comptroller General's office, agreeably to an act of General Assembly of March the first, 1786, entituled An Act for the further relief of the public creditors who are citizens of this State, by receiving on loan certain debts of the United States of America, and for funding the same, and for paying the annual interest of such loans and the interest of certain debts of this State every six months, reported : That they had carefully ex- amined all the original certificates of the United States in the office of the Comptroller General, together with the books of register, containing the numbers, names, original sums and specie sum, agreeably to the scale of depreciation and the time when interest commenced : That they have also examined the check books and the books wherein the new loan ecrtificates are registered, and find the original certificates to be there and in good order, agreeing with the check books and book of register of new loan certificates, which new loan certificates amount to £1,937,885 15 3, exclusive of £477,231 15 2, renewed certificates, granted for the sake of change.


Colonel Eleazer Oswald and Francis Swaine, Esquire, were of- fered and accepted as sureties for Thomas Procter, Esquire, who was on the tenth day of September last appointed Lieutenant of the city and liberties of Philadelphia.


An account of the Honorable George Ross, Esquire, for his sal- ary as Vice President of the State from the fifth day of November, 1788, until the twelfth day of October, 1790, amounting to nine hundred and sixty-eight pounds ten shillings and eleven pence, of which sum he hath received eight hundred and seventy-five pounds, and by which a ballance of ninety-three pounds ten shil- lings and eleven pence, appears to be now due to him, was laid be- fore the Board ; whereupon, an order was drawn upon the Treasurer in favor of Mr. Ross, for the said sum of ninety-three pounds ten shillings and eleven pence.


A transcript of the record of conviction of Patrick Waugh for the murder of his wife, being read, and the case of the prisoner fully considered, it was,


Resolved, That.a warrant under the lesser seal of the State be now issued to the Sheriff of city and county of Philadelphia, com- manding him to execute the sentence of the Court upon the said Patrick Waugh, on Saturday, the twenty-third day of the present month, at the usual place of execution.


On motion,


An order was drawn upon the Treasurer in favor of His Excel- lency Thomas Mifflin, Esquire, for the sum of two hundred pounds, in part of his salary as President of the State, for which sum he is to account.


The Comptroller and Register General's reports upon the accounts of Thomas Willing, Esquire, for leaden spouts taken from his house


VOL. XVI .- 32.


486


MINUTES OF THE


in August and September, 1777, for the use of the army, by Mes- sicurs Warrall, Evans, and Allison, according to a resolution of Council dated August the twenty-seventh, 1777, in pursuance of a resolution of Congress of the day preceding, amounting to thirty- six pounds eight shillings and nine pence, was read and approved.


The Committee to whom was referred the application of the County. Commissioners for the west wing of the State House, to accommodate the House of Representatives in Congress, made a report which was read and adopted, as follows, vizt :


The Committee appointed to consider of and report the propriety of giving up the west wing of the State House for the use of the Congress of the United States, report : That it appears to your Committee the whole of the west wing of the State House will be absolutely necessary to accommodate the House of Representatives of the United States, with the requisite rooms for their Clerk, for Committee rooms, and a room for the papers of the former Con- gress.


Your Committee therefore recommend that the most suitable places that can be obtained be procured as soon as possible for the accommodation of the Land Offices, and for Joseph Fry, Door- keeper to the late House of General Assembly. Your Committee beg leave to inform the Board that three rooms on the second floor of the Carpenters' Hall may be had for the rent of seventy pounds per annum, which they apprehend, if it is thought a suitable situ- ation, will accommodate the Secretary and Receiver General of the Land Office very compleatly, and a house in Fifth street between Market and Chesnut streets can be procured for Mr. Fry's family. And that the Register General may occupy the lower room in the east end of the east wing of the State House, now occupied by the Comptroller General, which the Comptroller agrees to give up. Your Committee therefore offer the following resolution :


Resolved, That the Secretary of the Supreme Executive Council take order for delivering up the whole of the west wing of the State House for the use of the Congress of the United States, and for the accommodation of the Secretary and Receiver General of the Land Office, Register General, and Joseph Fry's family with apartments elsewhere.


Upon further consideration of the petition of Richard C. Skin- ner, who was convicted on the seventeenth of March last, of a cheat, and is now confined in the jail of the city and county of Philadel- phia, praying a pardon, and the petitioner being recommended by the jailor for his good behaviour, and it being certified to Council that this is the first offence, it was


Resolved, That the said Richard C. Skinner be, and he is here- by pardoned.


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


In favor of Christiana Little, widow of Nathaniel Little, late Ser- jeant in the Lancaster county militia, for the sum of one hundred


487


SUPREME EXECUTIVE COUNCIL.


and fifty seven pounds ten shillings, payable according to act of Assembly, passed the twenty-seventh of March last, being the amount of a warrant of Council, dated the sixteenth of January, 1789, which was drawn in her favor, for the support of herself and child, from December, 1777, untill September, 1786, according to an order of Orphans' Court of Lancaster county, in pursuance of an act of Assembly passed March the twentieth, 1780, payable out of the monies arising from militia fines in the said county, but that fund not being productive, the said warrant is now delivered up to be cancelled.


In favor of Catherine Tantlinger, widow of Henry Tantlinger, late of the Bedford county militia, for the sum of thirty-three pounds fifteen shillings, payable according to act of Assembly pas- sed the twenty-seventh day of March last, being the amount of two warrants of Council, dated the fifteenth of May, 1788, and the tenth of October, 1789, which were drawn in her favor, for the pen- sions due to her untill the fourteenth of August, 1787, according to an order of Orphans' Court of the said county, dated the same day, in pursuance of an act of Assembly passed the twentieth of March, 1780, payable out of the monies arising from militia fines in the said county, but that fund not being productive, the said warrants are now delivered up to be cancelled.




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