USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XVI > Part 7
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Agreeably to a certificate from the Judges of the Supreme Court, an order was drawn upon the Treasurer in favor of Edward Burd, for seven pounds, being the expences of the Honorable Judge Atlee in coming to and returning from a Supreme Court held at Philadelphia for the term of April, 1789, and a Court of Nisi Prius for Philadelphia county, immediately succeeding the said Supreme Court, and which are not chargeable to the county of Philadelphia.
A petition from several freeholders residing in the district com- posed of the townships of Londongrove, Newgarden and Britain, in the county of Chester, against an election of Justices of the Peace held in the said district on the day of was read, and an order taken that William Clingan, Philip Scott, and William Hazlet, Esquires, Justices of the Peace in and for the said county, living near the said district, be authorized and directed to investigate the facts stated in the said petition, upon the oaths of
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such witnesses as may be adduced, aud make report of their pro- ceedings to this Board, in manner and form prescribed in and by an act of the General Assembly intituled "An to remedy the defects of the several acts of Assembly heretofore made for regu- lating the elections of Justices of the Peace, throughout this State, &ca.
Upon application of the Attorney General for sundry original papers in the office of the Secretary of the Land office, that are necessary to be produced on the tryul at law respecting the right to Hogg Island,
Ordered, That Mr. Kennedy, Secretary of the Land Office, be authorized and directed to deliver to the Attorney General such papers as in his opinion will be useful upon the said tryal, taking a receipt to return them to the said office when the tryal is ended.
Upon consideration of the report of the committee to whom was referred the motion of Colonel Miles for appropriating a lot of ground in the city of Philadelphia for the interment of deceased strangers,
Resolved, That agreeably to the directions of an act of the Gen- eral Assembly passed the eighth day of April, 1786, intituled and Act for directing the sale of such of the city lots as remain the property of the State, &ca., the lot of ground situate in the south of Vine street, and between Front and Second streets from Schuyl- kill, being three hundred and sixteen feet in breadth on said Front and Second streets, and extending in length from Front to Second street, along the south side of Vine street, three hundred and ninety- six feet, be and the same is hereby appropriated as a burial ground for the enterment of deceased strangers and others who may not have been in communion with a religious society at the time of their decease.
The committoe to whom was referred the petition of Matthias Lukens, convicted in the year 1783 of manslaughter, stating that his brother, one of his sureties for good behaviour, hath delivered him up, that he is now confined in the jail of the city and county of Philadelphia, and praying Council to remit the security required of him, in consideration of his long confinement, made report, which was read, and Mr. Potts, one of the committee, having re- ported that he had consulted the Attorney General upon the said petition, who was of opinion that the petitioner's and his mother's bond is sufficient security, thereupon,
Resolved, That the said Matthias Lukens be released from his present confinement, agreeably to the prayer of his petition.
The following report of the committee to whom was referred the accounts of Mr. William Turnbull, with the Comptroller Gene- ral's reports thereon, was read and adopted, vizt :
The Committee to whom was referred the accounts of William Turnbull, report :
That having examined the same and called on the Comptroller General, and having had an interview with Mr. Turnbull, find that
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his only complaint is his not being allowed depreciation on his ac- counts, which originated and closed with the nominal sum, previous to the passing of the law which ascertained the value of Continen- tal money, and therefore offer the following resolution :
Resolved, That the accounts of Mr. William Turnbull, as re- ported by the Comptroller General, be approved.
On motion,
Resolved, That General Lewis Nichola be and he is hereby di- rected forthwith to deliver all the public arms, accoutrements, &ca., belonging to the State, and now in possession of the Invalids Guards, to Joseph Stiles, Commissary of Military Stores.
On motion,
Resolved, That the Comptroller General be directed to lay before Council a list of such officers comprehended in the resolution of this Board of the twelfth of December last, who have not complied therewith.
Mr. Gregg was appointed a member of the Board of Property.
The Council met.
PHILADELPHIA, Monday, May 4th, 1789.
PRESENT :
The Honorable GEORGE ROSS, Esquire, Vice President.
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Samuel Miles,
John Smilie,
James Read,
Christopher Kucher,
Amos Gregg,
Samuel Edie,
Frederick Watt,
Zebulun Potts, and
Richard Willing,
David Redick,
Abraham Smith,
The Council met.
PHILADELPHIA, Tuesday, May 5th, 1789. PRESENT :
The Honorable GEORGE ROSS, Esquire, Vice President.
Samuel Miles, John Smilie,
Amos Gregg, Christopher Kucher,
Richard Willing, Samuel Edie,
Esquires.
James Read, Zebulun Potts, and
Frederick Watt,
David Redick,
Abraham Smith,
Richard Backhouse, Esquire, was appointed and commissionated a Justice of the Peace and of the Court of Commonpleas in and for
Esquires.
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the county of Bucks, upon a return made according to law, from the district of the townships of Nockamixon and Durham in the said county.
A return of Field officers of the militia of the county of Mont- gomery, signed by Abel Morgan, Esquire, Lieutenant of the said county, was received and read and commissions directed to issue agreeably thereto.
The Council met.
PHILADELPHIA, Wednesday, May 6th, 1789. PRESENT :
The Honorable GEORGE ROSS, Esquire, Vice President.
Samuel Miles, Abraham Smith,
James Read, John Smilie,
Amos Gregg,
Christopher Kucher,
Esquires.
Frederick Watt,
David Redick,
Samuel Edie, Zebulun Potts.
Agreeably to the minute of the second instant the Comptroller made report of the names of Civil officers in the several counties with the dates to which they have severally settled, which was read and to-morrow assigned for the consideration of the same.
An order was drawn upon the Treasurer in favor of James Craw- ford, for three pounds, payable out of the fund appropriated by act of the General Assembly, dated the twenty-ninth of March, 1787, amount of his account for twenty days labour on the road leading from the Frankstown branch of Juniata, to the river Conemaugh, according to the Comptroller General's, Register General's reports.
The Comptroller and Register General's report upon the accounts of Samuel Moore for a rifle gun and accoutrements taken from him by the savages at Frankstown, in Bedford county, while in actual service as a volunteer under Captain Boyd, in 1781, valued at five pounds five shillings, was read and approved.
A petition from Patrick Quinn, convicted of forgery upon two indictments, in the city of Philadelphia, praying Council to remit the sentence which the City Court has passed upon him for the said offence, was read and an order taken that the same be dismissed.
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The Council met.
PHILADELPHIA, Thursday, May 7th, 1789.
PRESENT :
The Honorable GEORGE ROSS, Esquire, Vice President.
Samuel Miles, Abraham Smith,
James Read, John Smiley,
Amos Gregg, Zebulun Potts,
Esquires.
Frederick Watt,
David Redick, and
Samuel Edie, Christopher Kucher,
Agreeably to the Comptroller General's and Register General's reports an order was drawn upon the Treasurer in favor of Joseph Skerret for twenty shillings, for making four keys for the State Library to be used by Council.
James Thompson and Joseph Lawsen, of the county of West- moreland, were offered and accepted as sureties for William Per- rey's faithfully performing the duties of his office of Sheriff of said county according to law.
Agreeably to the order of the day, Council proceeded to the con- sideration of the report of the Comptroller General containing a list of civil officers, with the dates to which they have severally set- tled their accounts ; and after some time spent therein, the further consideration thereof postponed.
A motion was then made by Mr. Redick, and seconded by Mr. Smith, to rescind the resolution of Council dated the fourteenth of November, 1787, respecting an annual enquiry into the conduct of public officers whose appointments are in the power of Council ; and after debate thereon, it was resolved to postpone the further consideration of the said motion.
The Council met.
PHILADELPHIA, Friday, May 8th, 1789.
PRESENT :
The Honorable GEORGE ROSS, Esquire, Vice President.
Samuel Miles, Abraham Smith,
James Read, John Smilie,
Amos Gregg, Zebulun Potts,
Esquires.
Frederick Watt, David Redick,
Samuel Edie, Christopher Kucher,
An order was drawn upon the Treasurer in favor of the Honor- able James Read, Esquire, for eighteen pounds fifteen shillings, in
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SUPREME EXECUTIVE COUNCIL.
full for his attendance in Council from April the fourteenth till May the eighth, 1789, inclusively.
On motion,
Resolved, That Alexander McGechan, Esquire, of the county of Cumberland, be and he is hereby appointed Agent for the sale of such estates as have become forfeited to the use of the Common- wealth within the said county, by the attainder of divers traitors under an act of the General Assembly dated the sixth day of March, 1778.
The petition of Frederick Renehart, convicted of larceny at a Court of General Quarter Sessions of the Peace held at York-town in January last, and sentenced to be imprisoned fifteen months at hard labour, and pay a fine to the Commonwealth, &ca., praying a pardon, was read; a recommendation of him from the Justices of the said court for a pardon being also read ; it was thereupon
Resolved, That the prayer of the petitioner be granted.
The Council met.
PHILADELPHIA, Saturday, May 9th, 1789. PRESENT :
The Honorable GEORGE ROSS, Esquire, Vice President.
Samuel Miles, Abraham Smith,
James Read, John Smilie,
Amos Gregg, Zebulun Potts,
Esquires.
Frederick Watt,
David Redick, and.
Samuel Edie, Christopher Kucher,
Agreeably to the Comptroller and Register General's reports, the following orders were drawn upon the Treasurer, vizt :
In favor of Colonel George Gibson, of Cumberland county, for ninety-six pounds and four pence, payable out of the monies arising from militia fines in the county of Cumberland, being a ballance due upon his account as Lieutenant of the said county, settled this day.
In favor of James Smith, Francis Silver and John Boggs, for. five pounds seven shillings, payable out of the fund appropriated by act of Assembly passed the twenty-first day of September, 1785, for laying out and making an highway from the western parts of Cumberland county to the town of Pittsburgh, to reimburse them for specie advanced towards the expence of laying out and making part of said roads.
Two acts of General Assembly passed at the last sessions, the one entituled "An Act to establish a Board of Appeal within the several counties of this State and to grant exhonerations in cases of
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militia fines," and the other entituled "A supplement to the act intituled A supplement to the act intituled An Act to enforce the due collection and payment of taxes within this Commonwealth," were laid before the Board and read ; and Council being of opinion that the same ought to be published for the information of the Commissioners and Lieutenants in the several counties, and all other persons concerned ; thereupon
Resolved, That one hundred and fifty copies of the acts aforesaid be immediately printed, and that the same be transmitted by the Secretary to the Commissioners and Lieutenants in the several counties, for the information of the people.
The Council met.
PHILADELPHIA, Monday, May 11th, 1789
PRESENT : His Excellency THOMAS MIFFLIN, Esquire, President. Zebulun Potts, Christopher Kucher, and )
Abraham Smith, Amos Gregg, and Esquires.
Samuel Edie, Richard Willing, S
The Council met.
PHILADELPHIA, Monday, May 12th, 1789.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles, Sohn Smilie,
James Read,
David Redick,
Abraham Smith,
Zebulun Potts,
Esquires.
Samuel Edie, Frederick Watt,
Christopher Kucher,
Richard Willing,
Amos Gregg, L.
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SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILADELPHIA, Wednesday, May 13th, 1789.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles,
John Smilie,
James Read,
David Redick,
Abraham Smith,
Zebulon Potts,
Samuel Edie,
Frederick Watt,
Esquires.
Christopher Kucher,
Richard Willing,
Amos Gregg,
The following orders were drawn upon the Treasurer, vizt:
Two orders were drawn in favor of A. L. Dallas, for one hun- dred and seventy-five pounds nineteen shillings and ten pence, and for ninety-six pounds and two pence, payable out of the fund ap- propriated by act of Assembly dated the third day of October, 1788, the former sum being a ballance due to General John Gib- son upon his account of expenditures in the purchase of the Lake Erie tract of land, as settled by the Comptroller and Register Generals; and the latter sum in part of the said Gibson's pay for his services in purchasing the said tract, for which sum he is to ac- count.
In favor of Lewis Nichola, Esquire, for three pounds sixteen shillings and four pence half penny, in full of his account for house rent and fire wood, &ca., due to him as Commandant of the Guard of Invalids until the first instant, according to the Comptroller General and Register General's reports.
The Council met.
PHILADELPHIA, Thursday, May 14th, 1789.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles, Christopher Kucher, 1
James Read, David Redick,
Abraham Smith,
Zebulun Potts, Esquires.
Samuel Edie,
Richard Willing, and
John Smilie, Amos Gregg,
Petitions from Elizabeth Mooney, Eleanor Armstrong and Cathe- rine Hayes, severally convicted of larceny, and now confined in the work-house of this city, stating that they have complied with that part of the judgment of the City Court by which they are
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sentenced to hard labor, and praying Council to remit the several fines due to the Commonwealth imposed upon them by the said Court, were read, and an order was taken that the several fines ad- judged to be paid to the use of the Commonwealth, imposed upon Elizabeth Mooney, Eleanor Armstrong and Catharine Hayes, upon their being convicted as aforesaid, be remitted, according to the prayer of their petitions.
A petition from George Burford, convicted of unlawful gaming and cheating, and now confined in the jail of the city and county of Philadelphia, praying Council to remit the sentence of fine and imprisonment which the last Court of Quarter Sessions has im- posed upon him'for the said offence, was read; and thereupon it was
Resolved, To reject the prayer of the petitioner.
Upon the petition of Benjamin Morgan, of the city of Philadel- phia, stating that in December last he imported into this State twenty-three barrels of shad, and on the twentieth of the last month re-shipped the same for Charlestown, in South Carolina, but omitted to make an entry of exportation at the Custom House, and praying Council to grant him permission to make such entry in the Custom House as will enable him to cancel the bond given to the Collector of the Customs upon the importation of the said fish.
Resolved, That the said petition be rejected.
A petition from Enoch Supplee, late of the county of Philadel- phia, stating that his name has been inserted in the list of persons attainted of High Treason; that he is desirous of returning to his native country, and praying Council to grant him a pardon, was read ; and, on consideration, it was
Resolved, That the said Enoch Supplee be pardoned.
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The Council met.
PHILADELPHIA, Friday, May 15th, 1789.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles, Christopher Kucher,
Frederick Watt, David Redick,
Zebulun Potts,
James Read, John Smilie, Richard Willing,
Abraham Smith,
Esquires. Samuel Edie,
John Baird,
An order was drawn upon the Treasurer in favor of Clement Biddle, Esq'r, for eighty-four pounds seven shillings and ten pence, amount of his account for rations supplied the Invalid's Guard from
-
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SUPREME EXECUTIVE COUNCIL.
the first of February untill the eighth of May, 1789, inclusive, ac- cording to the Comptroller General and Register General's reports of the thirteenth of this month.
The Comptroller and Register General's reports upon the fol- lowing accounts were read and approved, vizt :
Of Thomas Scott, Esquire, Prothonotary of Washington county, for fees upon tavern licences received from July to September, 1788, amounting to nine pounds eighteen shillings.
Of Lawrence Keene, Esquire, Prothonotary of Northumberland county, for tavern licenses fees received from August sessions, 1787, to August sessions, 1788, inclusively, amounting to thirty-nine pounds.
The Council met.
PHILADELPHIA, Saturday, May 16th, 1789.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles,
Zebulun,
James Read,
Samuel Edie,
Frederick Watt,
John Baird,
Abraham Smith,
Richard Willing, and Esquires.
John Smilie,
David Redick,
Christopher Kucher,
Upon application of Doctor Benjamin Rush, in behalf of the trustees of Dickinson College at Carlisle,
Ordered, That the State Treasurer be authorized and directed to pay to the Trustees of the said College, the amount of six month's interest due the first of last month, upon certain certificates which are the property of the said College, any former order of the Board to the contrary notwithstanding.
A report from Hugh Barclay, William Proctor and Thomas Coulter, Justices of the Peace, appointed to investigate the com- plaint against the late election of Justices of the Peace in Hope- well township, in the county of Bedford, under an order of Coun- cil of the twenty-fourth of March last, was read and considered; and there appearing to Council no sufficient reason to set aside the said election, the same was confirmed, and Thomas Buck was there- upon appointed and commissionated a Justice of the Peace in and for the county of Bedford, he having a majority of votes.
.
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The Council met.
PHILADELPHIA, Monday, May 18th, 1789. PRESENT :
His Excellency. THOMAS MIFFLIN, Esquire, President.
Samuel Miles, Christopher Kucher, ?
James Read,
Zebulun Potts,
Frederick Watt,
Samuel Edie,
Esquires.
Richard Willing,
John Baird,
Abraham Smith,
David Redick,
John Smiley,
Amos Gregg,
1
The Council met.
PHILADELPHIA, Tuesday, May 19th, 1789.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles, Samuel Edie,
James Read,
John Baird,
Frederick Watt,
David Redick,
Abraham Smith,
Zebulon Potts, and
Esquires.
John Smilie, Christopher Kucher,
Amos Gregg,
An order was drawn upon the Treasurer in favor of the Hon- orable Christopher Kucher, for thirty-six pounds five shillings in full of his account for his attendance in Council from the twenty- second of March until the nineteenth day of May, 1789, inclu- sively, deducting eleven days absence.
The Council met.
PHILADELPHIA, Wednesday May 20th, 1789. PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles, Samuel Edie,
James Read, John Baird,
Frederick Watt, David Redick,
Abraham Smith,
Zebulun Potts, and
John Smilie, Richard Willing,
Esquires. Christopher Kucher,
Petitions from Samuel. Garrigues and Edward Pole, severally praying to be appointed Clerks of the Court of General Quarter
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SUPREME EXECUTIVE COUNCIL.
Sessions of the Peace of the county of Philadelphia, were read the second time and considered, and on motion, it was
Resolved, That the petitioners have leave to withdraw their petitions.
The petition of Elisha Mills, of the county of Washington, praying remission of a fine of ten pounds, payable to the use of the Commonwealth, to which he has been sentenced by the Court of General Quarter Sessions of the Peace of the said Court, upon being convicted of fornication, was read, and an order taken that the prayer of the said petition be granted.
A petition from Benjamin Smith, convicted in July, 1788, of larceny, and sentenced by the City Court to eighteen months hard labour, and to pay to the use of the Commonwealth a fine of four pounds, praying Council to grant him a pardon of the said offence in order that he may when released from confinement, transport himself to New Castle, in Great Britain, was read, and an order taken that the said Benjamin Smith be pardoned on condition of his leaving the State within twenty-four hours after being dis- charged from jail, and of leaving the United States within two weeks from such discharge, not to return.
A further petition from Patrick Quinn, convicted at the City Court, in January, 1789, of forgery upon two indictments, and sentenced to fine and imprisonment at hard labour, &ca., stating that he can procure a passage to Dublin, in Ireland, his native country, in a vessel now ready to sail from this port if he was re- leased from imprisonment, and therefore, praying Council to grant him a pardon, was read, and thereupon,
Resolved, That the said Patrick Quinn be pardoned on condition of his leaving the United States, and transporting himself beyond the seas, in the manner stated in his petition, not to return.
Petitions from John McGill, convicted of an assault and battery in the county of Northampton; from James Brown, convicted in the county of Philadelphia, of burglary, and from Charles Pryor, convicted in the city of Philadelphia, of receiving stolen goods, knowing them to be such, praying remission of the fines and pun- ishments at hard labour which have been imposed upon them for their offences, were read, and an order taken that the said petitions be dismissed.
Two petitions from Joseph Rodgers and Casper Kalkerson, alias Kirkisseltle, confined in the jail of the city and county of Phila- delphia, upon conviction of larceny, stating that the time for which they were sentenced to hard labour is expired, and praying remis- sion of the several fines due from them to the Commonwealth, were read, and thereupon,
Resolved, That the prayer of the petitioners be granted.
Upon the petition and recommendation in favor of Jacob Coun- tryman, of the county of Bedford, convicted of an offence against the excise laws of this State, for omitting to make an entry of two
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stills with the Collector of Excise in the said county, and fined in the sum of ten pounds, praying remission of that part of the said fine which belongs to the Commonwealth.
Resolved, That the prayer of the petitioner be granted.
The Council met.
PHILADELPHIA, Thursday, May 21st, 1789.
PRESENT :
His Excellency THOMAS MIFFLIN, Esquire, President.
Samuel Miles,
Christopher Kucher, 7
James Read,
Samuel Edie,
Frederick Watt,
John Baird,
Esquires.
Abraham Smith,
David Redick,
John Smilie,
Zebulun Potts,
The Comptroller and Register General's reports upon the ac- count of Francis Johnston, Esquire, Receiver General of the Land Office, for fees received in the said office in the months of Novem- ber and December, 1788, and January, 1789, amounting to three hundred and fifty-six pounds six shillings, was read and approved.
Henry Westby, Esquire, was appointed and commissionated a Justice of the Peace and of the Court of Common Pleas in and for the county of Allegany, upon a return made according to law from the district of the township of Elizabeth, in the said county.
Upon the second reading of the report of the committee on the mode of exchanging the new loan certificates, it was
Resolved, That the following instructions be given to the Comp- troller General.
SIR :- To facilitate the exchange of certificates agreeably to Act of General Assembly of the twenty-seventh day of March last, Coun- cil have judged it proper to give you the following instructions, vizt :
1st. Every person who in conformity with the said act shall pre- sent to you a new loan certificate, may at his option receive from you the Continental certificate or certificates for which the new loan certificate was granted, or receive a like sum of principal in in certificates of debts of the United States which have been paid into the Land office.
2nd. Where new loan certificates have been cancelled and seve- ral certificates have been by you given for the amount thereof to enable the party to make payment to the Land office, &ca., and where one or more of the latter shall be presented as part or parts of such new loan certificate, the person presenting the same may in lieu thereof receive so many of the original Continental certificates as
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SUPREME EXECUTIVE COUNCIL.
shall be equal to or nearest, and under the amount of the new loan certificates so presented.
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