USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XVI > Part 5
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Upon the petition of George Everson, convicted of larceny, and now confined in the jail of the city and county of Philadelphia, praying a pardon,
Resolved, That the fine to the Commonwealth, and the punish- ment at hard labor to which he was sentenced by the Court of Quarter Sessions of the county of Philadelphia, for the said offence, be remitted.
Upon application of John Donaldson, Esquire, Register Gene- al, informing Council that he is ready to enter upon the duties of his office, whenever a place shall be assigned for the business, it vas agreed that Mr. Donnaldson may occupy the room adjoining nd westward of the Receiver General's office.
On motion,
Resolved, 'That to-morrow be assigned for the consideration of he petitions from Northampton county relative to the conduct of he Commissioners of the Taxes and Treasurer of that county.
On motion of the Vice President, the petition from Mary Nees as withdrawn.
The Council met the same day at 4 o'clock.
PRESENT :
The Honorable GEORGE ROSS, Esquire, Vice President.
James Read, Nathan Dennison, and )
Frederick Watt, Abraham Smith, Esquires.
David Redick,
Upon consideration of a letter from General Richard Butler, re- uesting Council to ascertain the value of out lots No. 33, 34, and birty-five, in the reserved tract of land opposite Pittsburgh, occu- ied by his brother, William Butler, the right of pre-emption to hich lots was granted by this Board to the said William Butler,
Resolved, That the said out lots number 33, 34, and 35, con- aining in the whole eighteen acres three quarters and fourteen erches, be valued at twelve pounds nine shillings per acre in cer -. ificates, including the annexed town lots.
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MINUTES OF THE
The Council met.
PHILADELPHIA, Thursday, April 2nd, 1789.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, Frederick Watt,
James Read, David Redick,
Amos Gregg,
Zebulun Potts,
Richard Willing,
Nathan Dennison,
Abraham Smith,
George Woods,
John Smilie,
Esquires.
Agreeably to a resolution of the General Assembly dated the twenty-eighth day of March last, an order was drawn upon the Treasurer in favor of John McCalmont, for the sum of five hun- dred and seven pounds eighteen shillings and four pence, payable out of the monies appropriated by act of Assembly dated the day of the same month for payment of just claims upon the Com- monwealth, and agreeably to resolution of Assembly of the twen- ty-eighth day of March last, the said sum being due to him ac- cording to the late determination in the Supreme Court of this State.
Mr. Gregg was appointed a member of the Board of Property for the present month.
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The Council met.
PHILADELPHIA, Friday, April 3rd, 1789.
PRESENT : His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, Frederick Watt,
James Read, David Redick,
Amos Gregg, Zebulun Potts,
Richard Willing, Nathan Dennison,
Abraham Smith,
Esquires. John Smilie,
George Woods,
Upon consideration of the report of the committee appointed to consider of and report to Council the names of proper persons to ascertain the boundary lines of the county of Huntington,
Resolved, That Benjamin Elliott of Huntington, Matthew Tay- lor of Bedford and James Harris of Cumberland county, be appoin- ted to run and ascertain the said boundary lines.
47
SUPREME EXECUTIVE COUNCIL.
On motion,
Resolved, That on Monday the sixth day of this month Council will proceed to a further investigation of the memorial of Richard Wells and other papers relative to the conduct of the Comptroller General and Naval officer in the case of the ship Anne, and that the parties concerned be heard at the same time, of which the Sec- retary was directed to give notice.
The Council met.
PHILADELPHIA, Saturday, April 4th, 1789.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Frederick Watt,
Zebulun Potts,
Samuel Miles,
Abraham Smith, --
James Read,
John Smilie, and
Esquires.
Richard Willing, David Redick,
The following orders were drawn upon the Treasurer, vizt :
Two orders were drawn in favor of the Honorable Amos Gregg, Esquire, one for eighty-two pounds five shillings, and the other for twenty-two pounds ten shillings, making in the whole the sum of one hundred and four pounds fifteen shillings, which is in full for his attendance in Council until the thirty-first day of March last, inclusive, and for mileage twice going home and returning to Coun- cil.
And one order in favor of the Honorable Zebulun Potts, Es- quire, for one hundred and two pounds fifteen shillings, in full for his attendance in Council until the thirty-first day of March last, inclusively, and for mileage twice going home and returning to Council.
Upon consideration of a resolution of the General Assembly, da- ted the twenty-fourth day of March last, relative to reservations of certain lands for the use of the State, at Presque Isle, formed by Lake Erie, at Le Bœuf, at the head of the navigation of French breek, at the mouth of Conewango, in the county of Allegany, and at the fort of Venango, not exceeding at each place three thousand acres of land,
Resolved, That the Surveyor General be directed, and he is hereby directed, to appoint a proper person to locate, survey, and make return of the several tracts mentioned in the said resolution of Assembly, for the use of the Commonwealth, in conformity with the said resolution, and that the locations at each place amount to three thousand acres and no more.
48
MINUTES OF THE
On motion,
Resolved, That the Vice President, Mr. Watt, Mr. Smith, Mr. Smilie, and Mr. Dennison, be a committee to take the evidence in support of the complaint against the late election of Justices of the Peace in the district of the townships of New Providence, Limer- ick, and Skippack, in the county of Montgomery, and make report of the same to Council.
The Council met.
PHILADELPHIA, Monday, April 6th, 1789.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, Abraham Smith,
James Read, John Smilie,
Richard Willing,
David Redick, and
Esquires.
Frederick Watt,
Zebulun Potts,
Upon consideration of the report of the committee to whom was referred the petitions of a number of the inhabitants of the county of Northampton, respecting the conduct of the late County Com- missioners and the late Treasurers of the said county,
Resolved, That the petitions aforesaid, charging some of the former County Commissioners and Treasurers of said county with peculation, &ca., be referred to the Attorney General, who is here- by directed to prosecute so many of the Commissioners and Trea- surers of the said county as shall appear from the testimony that shall be laid before him, to be guilty of the crimes contained in the said petitions, in such manner as he may think most likely to do justice to the concerned.
Resolved, That the Comptroller General be and he is hereby di- rected to furnish the Attorney General with such testimony as he hath already collected, or may hereafter collect, for the purpose aforesaid.
Resolved, That the minute of Council of the eighth day of De- cember last, appointing the Honorable Robert Traill, Esquire, and Peter Rhoads, Esquire, to examine into the facts set forth in a pe- tition presented to this Board some time past, complaining of the misconduct of some of the Commissioners of Northampton county, be and the same is hereby rescinded and made void.
,Upon consideration of the report of the committee to whom was referred the letter from the Honorable John Jay, Esquire, Secre- tary for Foreign Affairs, inclosing sundry papers from Germany,
49
SUPREME EXECUTIVE COUNCIL.
Resolved, That the Secretary be and he is hereby directed to cause advertisements to be published in one, at least, of the Eng- lish, and one German newspaper of this city, and German paper of Lancaster, calling upon the children of John Ludwig Shumann, who died in the Palatinate in Germany, and whose children came to this State and lived in Chester county, to apply at the Secreta- ry's office for information respecting an estate descended to them by the death of Ludwig Schumann, their grandfather.
The committee appointed to hear the petitioners against the late election of Justices of the Peace in the district of New Providence, Limerick, and Skippack, in the county of Montgomery, informed the Board that some of the parties attended on Saturday, but many others not appearing, for want of proper notice, they had been un- der the necessity of postponing the business. A list of nine other witnesses was produced, for whom citations were requested.
Resolved, That the said nine witnesses, to wit, John Umstead, Benedict Garve, Isaiah Davis, Jacob Castlebury, Daniel Markley, David Evans, Moses Hopsen, John Richard, and Nicholas Robin- son, of the county of Montgomery, be required to attend Council on Wednesday, the fifteenth day of this month, when the Board will proceed to a further hearing of the petitioners touching their complaint against the said election, and that new citations issue to George Essick, Sen'r, John Shannon, Peter Feadly, William Nel- son, Thomas North, Conrad Sharer, Christian Shunck, Jacob Auld, Andrew Porter, and Samuel Baird, requiring them to attend at the same time, to give evidence in support of said complaint.
A letter from Mr. Richard Wells, informing the President of the deccase of his mother, was received and read.
On motion,
Resolved, That the hearing which was appointed for this day, touching the complaint contained in the memorial of Richard Wells against the Comptroller General and Naval Officer, be postponed until Thursday next at eleven o'clock, at which time the memorial- ist, the Comptroller General, and Naval Officer, are required to at- tend Council.
VOL. XVI ~4.
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50
MINUTES OF THE
The Council met.
PHILADELPHIA, Wednesday, April 8th, 1789.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, John Smilie,
James Read, David Redick,
Richard Willing,
Zebulun Potts, and
Esquires.
Frederick Watt,
Nathan Dennison,
Abraham Smith,
The following orders were drawn upon the Treasurer, vizt:
. In favor of the Honorable Frederick Watt, Esquire, for sixty- seven . pounds ten shillings, in full for his attendance in Council until this day inclusive.
In favor of the Honorable George Woods, Esquire, for forty-four pounds, fifteen shillings, being a ballance due upon his account for his attendance in Council until this day inclusively, and for mileage coming to Philadelphia and returning home at this time.
In favor of James Elliott, for four pounds ten shillings for board- ing John Franklin four weeks from the second till the thirty-first of March, 1789, according to the Comptroller General's report.
In favor of Griffith Evans, for one pound ten shillings, being fees due to him from the State for surveying one tract of two hun- dred acres of donation lands, which was omitted in a former ac- count, according to the Comptroller General's report.
Agreeably to the report of the Committee to whom was referred the settlement of the accounts of John Christie, Esquire, Collector of Excise in the county of Chester, from January, 1788, till March, 1789, by the Comptroller General, amounting to one thousand one hundred and seventy-four pounds nineteen shillings and eight pence.
Resolved, That Council approve of the said statement ..
On motion,
Resolved, That Thomas Ryerson be appointed and commission- ated a Justice of the Court of Common Pleas in and for the county of Washington.
On motion, 1
Resolved, That Edward Cook, Esquire, be appointed and com- missionated President of the Court of Common Pleas, and of the Court of General Quarter Sessions of the Peace of the county of Fayette.
Council being informed that the two city lots ordered for sale this day, are claimed as the property of Richard Peters, Esquire, who is endeavoring to procure the necessary proofs of his title, and therefore requested the postponement of the sale; and it ap-
51
SUPREME EXECUTIVE COUNCIL.
pearing to Council that his claim was made within the time re- quired by law,
Ordered, That the Receiver General of the Land Office be and he is hereby directed to postpone the sale of the said lots.
Petitions from John Logue and George Burford, confined in the jail of the county of Philadelphia, upon conviction of larceny, and from Peter Cleare, confined in the jail of the county of Chester, upon conviction of horse stealing, severally praying remission of the punishment to which they have been sentenced upon being convicted as aforesaid, were read; and, on consideration, it was
Resolved, To dismiss the said several petitions, and that the petitioners have leave to withdraw the same.
The Council met.
PHILADELPHIA, Thursday, April 9th, 1789.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles,
John Smilie,
James Read,
David Redick,
Richard Willing,
Zebulun Potts, Esquires.
Frederick Watt,
Nathan Dennison, and
Abraham Smith,
George Woods,
The following orders were drawn upon the Treasurer, vizt;
In favor of Christopher Marshall, Jun'r, Treasurer of the So- ciety for the encouragement of manufactures and the useful arts, for the sum of one thousand pounds, payable out of the funds ap- propriated for claims and improvements by the act of Assembly, intituled "An Act to appropriate divers funds arising and growing due to this Commonwealth towards the payment of the expenses of government, and to provide a fund for other purposes," being the amount of one hundred shares of ten pounds each, which the Trea- surer of the State is directed in the name and for the use of the State, to subscribe to the manufacturing fund of the said Society, agreeably to an act of the General Assembly passed at the last- session, entituled " An Act to assist the cotton manufactures of . this State."
In favor of the Honorable George Woods, for the sum of one hundred pounds, payable out of the monies sett apart for the sup- port of government, and for claims and improvements, to be by him paid to Alexander McClean, Esquire, for the purpose for lay- ing out the road from Bedford to Pittsburgh, agreeably to an act of the General Assembly passed the twenty-seventh day of March
52
MINUTES OF THE
last, for which sum the Commissioners appointed by Council on the fourteenth day of March last to lay out the said road, are to account.
In favor of the Honorable George Woods, Esquire, for the sum of thirty-six pounds seven shillings and six pence, payable out of the monies arising from militia fines in the county of Bedford, for his services as late Lieutenant of the said county, according to the Comptroller General's report of this day.
On application of the Vice President,
Resolved, That the Secretary be directed to renew the advertise- ment for proposals to repair Jones's lane by contract.
Agreeably to the minute of the twenty-seventh of March last, Council went into a Committee of the Whole to proceed to a fur- ther investigation of the complaint of Richard Wells against the Comptroller General and Naval Officer; and after some time spent in hearing the parties, the President resumed the Chair, and Mr. Read reported from the Committee that they had made some pro- gress in the business, and requested leave to sit again ; thereupon,
Resolved, That on Saturday next, at ten o'clock, Council will resolve itself into a Committee of the Whole, and proceed in the further investigation of the said complaint.
The Council met.
PHILADELPHIA, Saturday, April 11th, 1789. PRESENT : His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, David Redick,
James Read, Nathan Dennison,
Richard Willing, Zebulun Potts,
Frederick Watt, Christopher Kucher, and Esquires.
Abraham Smith, John Smilie,
Amos Gregg,
An order was drawn upon the Treasurer in favor of Anthony Wright, Quarter Master of artillery, for the sum of thirty pounds being the remainder of the sum of fifty pounds, which on the twelfth day of March last Council agreed should be expended by the com- manding officer of the artillery battalion in purchasing the neces- gary articles to compleat the ordinance stores of the said battalion.
John Worth, Esqnire, was appointed and commissionated a Justice of the Peace, and of the Court of Common Pleas in and for the county of Chester, upon a return made according to law, from the district of the townships of Pennsbury, East and West Bradford, Newlin and East Fallowfield, in the said county.
53
SUPREME EXECUTIVE COUNCIL.
Agreeably to the act of General passed the eleventh day of March last, intituled "An Act to incorporate the city of Phila- delphia," the following gentlemen, vizt : Samuel Miles, Samuel Powell, John Baker, Joseph Ball, John Nixon, Joseph Swift, John Barclay, John Maxwell Nesbitt, Hilary Baker, Francis Hopkinson, Gunning Bedford, Matthew Clarkson, and Reynold Keen, elected Allergen for the city of Philadelphia, now appeared in Council, and severally took their oaths by the said act as a qualification for the exercise of their office of Aldermen, respectively, and George Roberts, Esquire, took the affirmation required by the said act to qualify him as Alderman for the said city.
The gentlemen retired, and after some time appeared again, and presented Samuel Powell, Esquire, as the Mayor of their unani- mous choice, when the oath required by the said act was duly ad- ministred to him.
Agreeably to order, Council went into a Committee of the Whole, and proceeded into a further investigation of the complaint of Richard Wells against the Comptroller General and Naval Officer, and after some time spent therein, the President resumed the chair, and it was agreed that on Wednesday next at ten o'clock, Council will go into a Committee of the Whole and proceed to the further consideration of the said business ..
The Council met.
PHILADELPHIA, Monday, April 13th, 1789. PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, John Smilie,
James Read,
Nathan Dennison,
Richard Willing,
David Redick, and, Esquires.
Frederick Watt,
Christopher Kucher,
Abraham Smith,
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 of the State, for which sum' he is to account.
In favor of the Honorable James Read, Esquire, for eighteen pounds in full of his account for attendance in Council until this day, inclusive.
Mr. William Colliday, elected an Alderman for the city of Phila- delphia, appeared in Council, and was qualified for the exercise of that office, according to the act of General Assembly passed the eleventh day of March last, entituled, An Act to incorporate the city of Philadelphia.
54
MINUTES OF THE
The Council met.
PHILADELPHIA, Tuesday, April 14th, 1789.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, John Smilie,
James Read, Nathan Dennison,
Richard Willing, David Redick,
Esquires.
Frederick Watt,
Christopher Kucher, and
Abraham Smith, Samuel Edie,
An order was drawn upon the Treasurer in favor of John Nich- olson, Esquire, for the sum of two hundred pounds, being one quarter's salary due to him as Comptroller General of the account of this State, ending the thirteenth instant.
The Council met.
PHILADELPHIA, Wednesday, April 15th. ?
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, John Smilie,
James Read, Nathan Dennison,
Richard Willing, David Redick,
Frederick Watt, Christopher Kucher,
Esquires.
Amos Gregg,
Samuel Edie, and
Abraham Smith, Zebulun Potts,
The following orders were drawn upon the Treasurer, vizt :
In favor of the Honorable William Augustus Atlee, Esquire, for one hundred and fifty pounds, being one quarter's salary due to. him as one of the Judges of the Supreme Court, ending the twenty-fifth of March last, according to the Comptroller General's report.
In favor of John Nicholson, Esquire, Comptroller General, for fifty pounds, being one quarter's salary due to his clerk, according to act of General Assembly dated the fourth day of April, 1785.
Upon the petition and recommendation in favor of James Mc- Pherson, of the county of Allegany, convicted of an assault and battery, praying remission of the fine of five pounds, to which he' was sentenced by the Court of General Quarter Sessions of the said county, for the said offence,
Resolved, That the fine of five pounds aforesaid be remitted.
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SUPREME EXECUTIVE COUNCIL.
A petition from George Ingram, in behalf of himself and his wife, praying remission of the fines and punishment at hard labour to which they have been sentenced upon being convicted of receiv- ing stolen goods knowing them to be such, was read and rejected.
The further investigation of the complaint of, Richard Wells against the Comptroller General and Naval Officer, was postponed until to-morrow.
Council adjourned in order to give the committee to whom was referred the petitions from sundry inhabitants of Montgomery county, time to continue the inquiry respecting the contested elec- tion of Justices of the Peace in the district of the townships of Limerick, New Providence and Skippack, in the said county.
The Council met.
PHILADELPHIA, Thursday, April 16th, 1789. PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles,
Samuel Edie,
James Read,
John Smilie,
Richard Willing,
David Redick,
Esquires.
Frederick Watt,
Nathan Dennison,
Amos Gregg,
Zebulun Potts,
Abraham Smith, Christopher Kucher,
Agreeably to order,' Council resolved itself into a committee of the whole, to proceed to the further investigation of the com- plaint of Richard Wells against the Comptroller General and Naval Officer.
A representation from the Comptroller General and William Hassal's account of expences charged to account of the ship Anne were received and read; after some time spent in the said business, the President resumed the chair, and Mr. Read reported that the committee had heard the allegations in support of the charges con- tained in the memorial of Richard Wells, as well as the defence of the Comptroller General and Naval Officer.
On motion,
Resolved, That the further consideration of the said business be postponed until to-morrow.
Judge Bryan and the Attorney General attended and gave Coun- cil some information relative to the title of the Commonwealth to a certain lot of ground situate between Cedar street and Lombard street, in the city of Philadelphia, now claimed by Thomas Clifford and Miers Fisher, attornies in fact of Christiana Gulielma Gaskill of London, widow, under an original grant from William Penn, Esquire.
56
MINUTES OF THE
The Council met.
PHILADELPHIA, Friday, April 17th, 1789. PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
The Honorable GEORGE Ross, Esquire, Vice President.
Samuel Miles, David Redick,
James Read,
Nathan Dennisen,
Amos Gregg,
Zebulun Potts.
Esquires.
Abraham Smith,
Christopher Kucher,
Samuel Edie,
Richard Willing, -
John Smilie, Frederick Watt,
Agreeably to the order of the day, Council resumed the further consideration of the memorial of Richard Wells, complaining of the conduct of the Comptroller General and Naval Officer in the case of the ship Anne, together with the defence of the said officers, and proceeded to consider separately the charges contained in the said memorial in the order in which they were made; and thereupon the first charge was read, as follows, vizt :
"The Captain of the Guard of Invalids, together with a number of soldiers, were, without order of Council, called forth and placed on board the ship Anne, by the privity and procurement of Frede- rick Phile, Esquire, Naval Officer, where no danger was threatened to the State, nor resistance to be apprehended; where a lawless soldiery presented their musquets with fixed bayonets against the owners, when approaching to inquire the cause of their being on board, and of this outrage against the civil authority, it was alledged that the Comptroller General, John Nicholson, Esquire, was a party."
On the question, "Is the said charge supported ?" being put, the yeas and nays were as follows, vizt :
YEAS-The President, NAYS-Mr. Redick,
The Vice President, Mr. Smilie,
Mr. Miles,
Mr. Smith,
Mr. Willing, Mr. Read,
Mr. Gregg, Mr. Potts,
Mr. Kucher, and Mr. Dennison, and
Mr. Edie.
Mr. Watt.
The Board being equally divided, the question was determined against the charge.
The second charge was read as follows, vizt :
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