Colonial records of Pennsylvania, Vol. XVI, Part 9

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


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Resolved, That the priviledge prayed for, be granted to the said institution until Tuesday the eighteenth day of August next, when the Legislature are to meet.


Upon the report of the committee to whom was referred the sec- ond petition from John Logue, confined in the jail of the city and county of Philadelphia, upon conviction of larceny, and upon con- sideration of all the circumstances of his case, it was


Resolved, To pardon the said John Logue, and a pardon was ac- cordingly issued.


A letter from the President of the United States enclosing an act of the Congress of United States, entituled "An Act to regulate the time and manner of administering certain oaths, passed the first of June, instant, and a resolution relative to the temporary mode of transmitting the acts of government, was received and read, and an order taken that Tuesday next be appointed for the consideration of the said inclosures.


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94


MINUTES OF THE


The Council met.


PHILADELPHIA, Friday, June 12th, 1789 PRESENT : .


His Excellency THOMAS MIFFLIN, Esquire, President.


Samuel Miles, John Smilie, James Read, John Baird, and 7 Esquires.


Christopher Kucher,


David Redick, and


Zebulun Potts, Samuel Edie,


Upon consideration of the report of the committee to whom was referred the letter from the Comptroller General, relative to certain city lots purchased in by him at public sale, for which he hath paid the purchase money, offering to take them to his own use, or that the State upon returning him the money paid, may have them again, in order that they may be sold for the benefit of the Com- monwealth,


Resolved, That the lots so purchased and paid for by Mr. Nich- olson, should be considered as his property, and patents issue to him accordingly.


The committee to whom was referred the representation from the Justices and others of Huntingdon county, relative to some late disturbances in that county, made a report which was read, and


On motion,


Ordered, That to-morrow be assigned for the consideration of the said report and representation.


'The Council met.


PHILADELPHIA, Saturday, June 13th, 1789.


PRESENT :


His Execllency THOMAS MIFFLIN, Esquire, President.


Samuel Miles, David Redick, James Read, John Baird, ? Amos Gregg, Samuel Edie, and Esquires.


John Smilie, Zebulun Potts,


Christopher Kucher,


The following orders were drawn upon the Treasurer. vizt :


In favor of Anthony Wright, for sixty-three pounds and six- pence, being a balance due to him upon his account of sundry articles purchased for compleating the ordinance stores of the artil- lery, and the expence of fireworks displayed on the arrival of the President of the United States in this city.


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95


SUPREME EXECUTIVE COUNCIL.


In favor of John Nicholson, Esquire for twenty-three pounds fourteen shillings, to reimburse him for a further sum advanced, for repairing that part of the bank of Mud Island, which by con- tract with the present tenant, is to be kept up at the expence of the State.


In favor of James Elliott for eleven pounds eight shillings, in full of his account for nine weeks and two days' boarding John Franklin, a State prisoner, from March the thirty-first to June the fourth, 1789, and for twelve weeks' hire of a bed for the said prisoner during his illness.


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


Of General John Gibson, for his services as a Commissioner for the purchasing of Indian claims to the Lake Erie tract of land, by which a ballance of three hundred and twenty-three pounds nine- teen shillings and ten pence appears to be due to him from the State.


Of General Richard Butler, for his services as a Commissioner for the purchase of the said tract, by which a ballance of four hun- dred and eighty-three pounds six shillings and eight pence appears to be due to him from the State.


Of Benjamin Justice and Samuel Dehart, for their pay as seven months' men in the late army, the former amounting to forty five pounds and the latter to seventeen pounds ten shillings.


Upon the second reading of the report of the committee to whom was referred the letter from the Receiver General of the Land office, relative to several city lots, numbered from 2265 to 2275, and from 2302 to 2315, inclusively, purchased by Doctor David Christie and Joseph Mercier,


Resolved, That the Receiver General of the Land Office be in- structed to dispose of the said lots at public sale, according to the conditions of the former sale.


The committee to whom was referred the applications of Captains McCurdy and Ferguson for money to defray the expence of re- cruiting, made a verbal report, that there is no money appropriated for that purpose; and it was thereupon


Resolved, That the request of Captains McCurdy and Ferguson cannot be complied with.


On motion,


Resolved, That the consideration of the report of the committee to whom was referred the representation from the Justices and others of Huntington county, relative to some late disturbances in that county, be postponed.


96


MINUTES OF THE


The Council met.


PHILADELPHIA, Monday, June 15th, 1789.


PRESENT :


1


His Excellency THOMAS MIFFLIN, Esquire, President.


James Read, Zebulun Potts,


Amos Gregg, John Baird,


Christopher Kucher,


Samuel Edie, and


Esquires.


John Smilie,


David Redick,


The Council met.


PHILADELPHIA, Tuesday, June. 16th, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


Samuel Miles, Zebulun Potts,


James Read, John Baird,


Amos Gregg, Samuel Edie,


Esquires.


Christopher Kucher, John Smilie, Richard Willing,


Walter Finney, Esquire, was appointed and commissionated a Justice of the Peace in and for the district of the townships of Londonderry and New London, in the county of Chester, upon a return inade according to law for the said district.


Agreeably to the minute of the eleventh instant, Council pro- ceeded to the consideration of the act of the Congress of the United States passed the first of this month, entituled " An Act to regulate . the time and manner of administering certain ooths," and the same being read the second time, the oath or affirmation required by the said act was duly administered to and taken by the President, the Vice President, and


Mr. Miles,


Mr. Read,


Mr. Gregg, (affirmed,) Mr. Kucher,


Mr. Willing, Mr. Redick,


Mr. Edie, Mr. Potts, (affirmed.)


Note .- Mr. Smilie and Mr. Baird required a little time to con- sider, and did not take the oath.


. The oath required by the said act was then administered to and taken by the Secretary and Assistant Secretary of Council.


On motion,


Resolved, That the Secretary take order for the immediate print- ing of one hundred and fifty copies of the aforesaid act.


David Redick, and


97


SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, Wednesday, June 17th, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


Samuel Miles, Christopher Kucher,)


Amos Gregg, David Redick,


1


Richard Willing, Zebulun Potts,


Esquires.


Samuel Edie, John Baird,


James Read, John Smilie,


The following orders were drawn upon the Treasurer, vizt :


In favor of His Excellency Thomas Mifflin, Esquire, for three hundred and seventy-five pounds, being one quarter's salary as President of the State, for which sum he is to account.


Two orders were drawn in favor of the Honorable David Redick, Esq'r; one for forty-four pounds fifteen shillings, in full of his account for his attendance in Council from the second day of May until the nineteenth day of June, 1789, inclusively, and his mile- age from Philadelphia to Washington county ; and the other for thirty-three pounds and eight pence, being a ballance due upon an account settled by the Comptroller and Register General, for his services and expences in surveying two islands in the rivers Ohio and Allegany, and for surveying and dividing the reserved tract of land opposite Pittsburgh into town and out lots, agreeably to order of Council dated the twenty-eighth of November, 1787, and an act of Assembly dated the eleventh of September, in the same year.


In favor of John Nicholson, Esquire, for thirty-nine pounds seven shillings and eight pence, for defraying the expence of further repairs of that part of the bank of Mud island which by contract with the tenant is to be kept up at the expence of the State, ac- cording to the Comptroller and Register General's report.


Upon the second petition from Barent Jacobs, praying to be dis- charged from the payment of six pounds due from him to the Com- monwealth for Excise, 7


Resolved, That the same is not within the power of the Board to grant, and that therefore the petition be dismissed.


Council proceeded to the further consideration of the report of the Committee relative to the late disturbances in Huntington county ; and thereupon,


Resolved, That the Committee be instructed to deliver the papers to the Judges of the Supreme Court and Attorney General, and request their opinion with respect to the propriety of Councils issu- ing a Proclamation offering a reward in this stage of the business.


VOL. XVI .- 7.


98


MINUTES OF THE


Council resumed the consideration of the petition of Thomas Kelly, who was convicted of larceny in December, 1788, and sen- tenced to fine and imprisonment at hard labour, praying remission of the fine and punishment aforesaid, and it being represented to the Board that he is languishing under a dangerous illness ; it was thereupon,


Resolved, That the said Thomas Kelly be and he hereby is par- doned.


The Council met.


PHILADELPHIA, Thursday, June the 18th, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Vice President.


Samuel Miles, David Redick, r


Amos Gregg, John Baird,


Christopher Kucher,


Zebulun Potts, and


Esquires.


John Smilie, Samuel Edie,


Council being authorized and required by act of the Legislature, passed the third day of March, 1788, to apply the money arising from the late Lottery for raising the sum of forty-two thousand dol- lars, under an Act of Assembly dated March the fifteenth, 1784, towards repairing certain part of the Lancaster road, and towards improving the navigation of the river Schuylkill.


Resolved, That the managers of the said Lottery be and they are hereby requested to exert themselves in the collecting of all money which may be outstanding and due on the sale of tickets, to enable Council to comply with the designs of the General Assem- bly.


An order was drawn upon the Treasurer for forty-two pounds six shillings and eight pence, for defraying the expence of further re- pairs to that part of the bank of Mud island, which by contract with the tenant is to be kept up at the expence of the State, ac- cording to the Comptroller and Register General's report.


99


SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, Friday, June 19th, 1789.


PRESENT :


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


Samuel Miles, Christopher Kucher,


Amos Gregg, David Redick,


Samuel Smilie,


John Baird, and


Esquires.


Zebulun Potts,


Samuel Edie,


On motion,


Resolved, That the Secretary be instructed to inform the trustecs of the Loan office that it is inconvenient to Council to permit them to occupy any longer their Committee Room, and to request them to remove their papers to the room occupied by the Commissioners of Bankrupt.


An order was drawn upon the Treasurer in favor of the Honor- able Francis Hopkinson, for seventy-five pounds, being one quar- ter's salary due to him on the thirteenth instant, as Judge of the Court of Admiralty of this State, according to the Comptroller General's and Register General's reports, and an Act of Assembly dated the twenty-ninth day of September, 1787.


John Weitzel, Esquire, was appointed and commissioned a Jus- tice of the Peace and of the Court of Common Pleas in and for the county of Northumberland, upon a return made according to law from the district of the township of Augusta.


Upon consideration of the petition of Barnabas Oldwine, and a recommendation in his favor from many respectable inhabitants of the borough of Carlisle, in the county of Cumberland, for the re- mission of the fines payable to the use of the Commonwealth, and the punishment at hard labour, to which the petitioner was sen- tenced by the Court of General Quarter Sessions of the said .county in July, 1787, upon his being convicted of larceny upon two in- dictments,


Resolved, That the said Barnabas Oldwine be and he hereby is pardoned.


100


MINUTES OF THE


The Council met ..


PHILADELPHIA, Saturday, June 20th, 1789.


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


Samuel Miles, Zebulun Potts,


Amos Gregg, Samuel Edie, and


Christopher Kucher, John Smilie,


John Baird, Esquires.


The following orders were drawn upon the Treasurer, vizt :


In favor of Robert Aitken, for fifteen pounds thirteen shillings and four pence, in full of his account for printing blank certifi- cates and binding them into books for entering the certificates which are to be re-exchanged, agreeably to act of Assembly passed at the last sessions,


And in favor of John Crosby, for fifty-three pounds thirteen shillings and four pence, in full for stone for repairing that part of the bank of Mud Island which by contract is to be kept up at the expence of the State, according to the Comptroller and Register General's report.


A letter from the Honorable Robert Morris and William Maclay, inclosing a copy of a bill to establish the Judicial Courts of the United States, as reported to the Senate by a committee appointed for that purpose, was received and read.


The Council met.


PHILADELPHIA, Monday, June 22nd, 1789.


PRESENT :


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


Samuel Edie, Zebulun Potts, r John Smilie, Christopher Kucher, and ( Esquires. John Baird, Samuel Miles,


101


SUPREME EXECUTIVE COUNCIL.


The Council met.


PHILADELPHIA, Tuesday, June 23rd, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


Samuel Miles, Samuel Edie,


Amos Gregg,


John Baird, and


John Smilie.


Zebulun Potts,


Esquires.


Christopher Kucher,


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


In favor of James Hennesly, for three pounds fourteen shillings and eight pence, amount of his account for hauling twenty-eight perch of stone for repairing that part of the bank of Mud Island, which, by contract with the tenant, is to be kept up at the expence of the State.


In favor of Eve Withington, for the sum of five pounds five shillings and ten pence, being a ballance due upon her account for boarding twenty State prisoners during their stay in the town of Reading on their way to Staunton, in the State of Virginia, by or- der of Council dated the ninth day of September, 1777, and in pursuance of a resolution of Congress dated the eighth of the same month.


Upon consideration of the petition of Cornelia Cross, (widow,) for the pardon of a negroe boy named Cuff, (the property of her children,) who was convicted at the Mayor's Court held on the eighteenth of this month, and sentenced to pay a fine of forty-five shillings, and to be imprisoned six weeks at hard labour,


Resolved, That the said negroe Cuff be and he hereby is par- doned.


The fine of fifty pounds due to the State, which was imposed upon Hugh Hagen by the City Court held in April, 1788, upon his being convicted of a cheat, was remitted, agreeably to the prayer of his petition, Council being informed, by a certificate from the jailor that the term of his imprisonment is expired, and that he is unable to pay the said fine.


On motion,


Ordered, That the Secretary be directed to take effectual mea- sures for obtaining an exact account of all persons who have li- cence to sell spirituous liquors by retail in the city, and the several counties of the State, together with the residence of the retailers, in order that information thereof may be given to the Legislature at their next meeting.


102


MINUTES OF THE


The Council met.


PHILADELPHIA, Wednesday, June 24th, 1789. '


PRESENT :


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


Samuel Miles, John Smilie,


James Read,


Samuel Edie, and


Amos Gregg,


John Baird,


Esquires.


Christopher Kucher,


Council taking into consideration the Act of Assembly passed the twenty seventh of March last, appropriating the sum of one hundred and fifty pounds for opening and repairing the public road through Black's Gap, and also a representation from sundry inhab- itants of the counties of York and Franklin,


Resolved, That the Honorable Samuel Edie, member of this Board, and Moses McClean and Benjamin Chambers, be and they are hereby appointed to contract with some person or persons, to compleat the road through Black's Gap, between Chambersburgh and York Town, agreeably to the said act of Assembly, and that an order issue to the Treasurer for the sum of fifty pounds, paya- ble to Mr. Edie, to enable the said gentleman to proceed in the said business, and for which sum they are to be accountable.


The following orders were drawn upon the Treasurer, vizt :


In favor of the Honorable Samuel Edie, Esquire, for the sum of sixty-three pounds, amount of his account for attendance in Council two days in December, 1788, and from the fourteenth of April until the twenty-sixth of June, 1789, inclusively, and also for mileage coming to Philadelphia, and returning home.


In favor of the Honorable Jacob Rush, Esquire, for one hun- dred and fifty pounds, being one quarter's salary as one of the Judges of the Supreme Court, due to him on the eighteenth of this month, according to the Comptroller and Register General's reports.


In favor of John Reynolds, keeper of the jail of the city and county of Philadelphia, for the sum of fourteen pounds nine shil- lings and ten pence, amount of his account for the expence of re- moving John Franklin, a State prisoner from the said jail to the jail of the county of Northampton.


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


Of Jacob Blythe and Benjamin Beaver, for their pay as eighteen months, men in the late army of the United States, amounting, each of them, to the sum of forty-five pounds.


103


SUPREME EXECUTIVE COUNCIL.


A certificate from the Court of General Quarter Sessions of the Peace of Washington county, that a division of the township of Amwell, in the said county, for the more convenient election of Justices of the Peace is become proper and will be usefull, which was read the seventh of November last, was read the second time ; thereupon,


Ordered, That the said division for the purposes aforesaid be and the same is hereby confirmed.


Upon the petition of Michael Rinn, praying remission of a fine of fifty pounds to which he was sentenced by the City Court held in November, 1788; and it appearing to Council that his term of servitude is expired, it was


Resolved, To remit the said fine.


Upon the petition of William Porter, confined in the jail of the city and county of Philadelphia for larceny, praying a pardon,


Resolved, That the said William Porter be pardoned, on condi- tion of his leaving the United States in one month from this date, not to return.


On application of Captain Jeremiah Fisher, of the Artillery,


Ordered, That one of the carriages of a twelve pounder cannon, which has been broken and rendered unfit for use, be now repaired, the expence of which repairs not to exceed five pounds ten shillings specie.


The Council met.


PHILADELPHIA, Thursday, June 25th, 1789.


PRESENT :


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


Samuel Miles, John Smilie,


James Read,


John Baird,


Christopher Kucher,


Amos Gregg, Esquires, Samuel Edie,


The following orders were drawn upon the Treasurer, vizt: .


In favor of the Honorable John Smilie, for fifty-nine pounds five shillings, and in favor of the Honorable John Baird, for forty- seven pounds five shillings, in full of their several accounts for at- tendance in Council untill the twenty-sixth of this month inclu- sive, and for mileage coming to Philadelphia and returning home.


ยท A letter from Governor Clinton, inclosing a resolution of the Sen- ate and Assembly of the State of New York, being an application to Congress on the subject of amendments to the Constitution of the United States, and requesting Council to communicate it to the General Assembly of this State, was received and read.


104


MINUTES OF THE


The Council met.


PHILADELPHIA, Friday, June 26th, 1789.


PRESENT :


His Excellency 'THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


Samuel Miles, John Smilie,


James Read, Samuel Edie, and


Christopher Kucher,


Amos Gregg,


Esquires.


John Baird,


On motion,


Mr. Kucher was appointed to attend as a member of the Board of Property this month, in the place of Mr. Baird, who leaves Council this day.


Upon application of the Secretary of Council, leave of absence was given him for six weeks, his health requiring it.


Upon the petition of John Ryan, alias Martin Bowes, William Holton, alias William Courtney, George Wall and John Hunous, convicted of larceny, and now confined in the jail of the city and county of Philadelphia, stating that their times of servitude are expired, and praying remission of the fines which was imposed upon them ; and it being represented to Council that they have behaved peaceably and orderly during their imprisonment,


Resolved, That the several fines adjudged to be paid to the use of the Commonwealth by the said John Ryan, alias Martin Bowes, William Holton, alias William Courtney, George Wall and John Hunous, be remitted.


The Council met. -


PHILADELPHIA, Saturday, June 27th, 1789.


PRESENT :


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


Samuel Miles, John Baird,


Amos Gregg,


Samuel Edie,


James Read, Zebulun Potts,


Esquires. Christopher Kucher,


A letter from the Honorable Henry Wynkoop, Esquire, request- ing Council to accept the resignation of his office of Judge of the High Court of Errors and Appeals of this State; and also the


105


SUPREME EXECUTIVE COUNCIL.


offices of President of the Court of General Quarter Sessions of the Peace and Jail Delivery, and of Justice of the Peace in and for the county of Bucks, was received and read ; and it was thereupon,


Resolved, That Mr. Wynkoop's resignation of the said offices be accepted, and that a new election of Justices of the Peace within the district of Northampton and Southampton, in the said county, to supply the vacancy occasioned by the said resignation, be now ordered.


The Council met.


PHILADELPHIA, Monday, June 29th, 1789.


PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President.


Samuel Miles, Christopher Kucher, James Read, Zebulun Potts, 1 Esquires.


Amos Gregg,


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


In favor of the Honorable Thomas Mckean, Esquire, for two hundred and fifty pounds, being one quarter's salary as Chief Jus- tice of this State, ending the twenty-fifth day of this month.


In favor of the Honorable George Bryan, for one hundred and fifty pounds, being one quarter's salary as one of the Judges of the Supreme Court of this State, ending the twenty-fifth of this month.


In favor of John Donaldson, Esquire, for one hundred and twenty-five pounds, being one quarter's salary due to him on the twenty-eighth of this month, as Register General of the public accounts of this State, agreeably to act of General Assembly, dated the twenty-eighth of March last.


-


The Council met.


PHILADELPHIA, Tuesday, June 30th, 1789. PRESENT :


The Honorable GEORGE ROSS, Esquire, Vice President.


Samuel Miles, Christopher Kucher, and ) James Read, Zebulun Potts, Esquires.


Amos Gregg,


An order was drawn upon the Treasurer in favor of Frederick Sneider, for the sum of fifteen pounds, being his wages as Door- keeper to Council for the month of June, 1789.


106


MINUTES OF THE


The Council met.


PHILADELPHIA, Wednesday, July 1st, 1789.


PRESENT :


His Excellency THOMAS MIFFLIN, Esquire, President.


The Honorable GEORGE Ross, Esquire, Vice President.


Samuel Miles, Christopher Kucher, and )


James Read, Zebulun Potts, Esq'rs.


Amos Gregg,


The following orders were drawn upon the Treasurer, vizt :


In favor of the Honorable Samuel Miles, for one bundred and sixteen pounds five shillings, for his attendance in Council from the twentieth of January to the thirtieth of June, 1789, inclusively, deducting seven days' absence.


In favor of the Honorable Amos Gregg, Esquire, for sixty five pounds five shillings in full, for his attendance in Council from the first day of April to the last day of June, 1789, inclusively, de- ducting four days' absence.




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