USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 13
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PRESENT :
JOHN EVANS, Esqr., Lieut Governour.
Willm. Penn, Junr., )
Griffith Owen,
Roger Mompesson,
Caleb Pusey,
Edw. Shippen, Esq'rs. William Trent, Esqr's.
John Guest,
Richd. Hill, James Logan,
Samuel Carpenter,
The Governr proposed to ye Board, that ye Council being now strengthened by the additions made of a suitable number of members of ye Province.
The first subject that should claim their thoughts & care would be ye calling or holding of an Assembly. In order to wch it would be requisite fully to enquire into & Consider the proceedings of this
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PROVINCIAL COUNCIL.
Government, in relation to an assembly, since the last that was held, wch was before ye proprietors Departure, & thereupon,
It was ordered, That ye Charter of Privileges granted by ye Pro- prietary to the People at his Departure, with all the minutes of Coun- cil since that time relating to the calling or meeting of an Assembly, should be read. And accordingly they were read by ye Secretary, together with other papers relating to ye same. And several dis- courses arising thereupon, ye Council adjourned to Saml. Carpentrs house, at 4 P. M.
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At a Council held at Saml. Carpentrs House in philadelphia, 10th 12th mo., 1703-4, P. M.
PRESENT :
Iidem qui ante, & Tho. Story.
It appearing to ye Council, that by ye several Writings read in ye morning, That in Pursuance of a certain clause in ye close of ye Charter aforementioned of Priviledges, Several Steps had been made towards a Division of the Province & Territories in Legislation, wch had been Strenuously opposed from time to time by ye Governor & Council. Upon ye whole it was Resolved, That considering the Pro- vince & Territories had ever hitherto been joyned in one Government, & were now continued so, both by ye Proprietrs Commission to & ye Queens approbation of the present Lieut Governr, and because it may be justly feared, that ye Consequences of a separation, may prove very injurious to both ; therefore, notwithstanding all the advances that have been made towards a Separation, all Endeavours should be used to keep the whole still united together, as well in Legislation as administration.
Ordered, That for the better understanding of ye affairs of ye Lower Counties, some of ye principal persons of ye same be admitted to this board, and that Jasper Yeates, being now in town, be forthwith in- vited to the same, by Willm. Trent & James Logan, & then adjourned till morning.
At a Council held at Philadia, 11th 12th mo., 1703-4.
PRESENT :
JOHN EVANS, Esqr., Lieut. Governour. Edward Shippen, Willm. Trent,
John Guest, Richard Hill,
Samuel Carpenter,
James Logan.
Caleb Pusey,
Jasper Yeates was admitted to the Board, & took ye oath of a mem- ber of Counsil. The oath of allegiance, ye abjuration of ye Pope's Supremacy, and the Test, and then adjourned to ye 15th instant, in ye afternoon.
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At a Council held at Philadelphia, 21st 12 mo., 1703 -- 4.
PRESENT :
JOHN EVANS, Lieutent Governor.
William Penn, Junr.,
Tho. Story,
Roger Mompesson,
Griffith Owen,
Edward Shippen, James Logan.
Antonia Garcia, ye mulatto who appeared before this board, ye 20th 9br. last, presenting himself again, humbly requested that the Governour and Council would be pleased to suffer him to depart, or that they would dispose of him as a Prisoner of Warr, seeing that ever since his last appearance here, now three months agoe, there had no proof been made of his being a Slave, & he had produced an affi- davit made by one Emanuel de la Costa, with many other arguments for his being a freeman & a Christian.
And Doctr. Charles Sober, appearing in behalf of one Alexandr fforrester, of Barbadoes, who claims the sd mulatto for his Slave, but being able to offer nothing to the Board, as a cause for his detainer, more than his employers order to take care of & sell him. Tis Or- dered, that the sd mulatto be dismissed from all further attendance on this Board.
At a Council held at Philadelphia, 21st 12 mo., 1703 -- 4, P. M. PRESENT :
JOHN EVANS, Esqr., Lieut. Governour.
Roger Mompesson,
Samuel ffinney,
Edward Shippen,
Willm Trent,
John Guest,
Jasper Yeates,
Samuel Carpenter,
James Logan.
Tho. Story,
Orders having been given to ye Secretary, to prepare the form of a writt, to be sent down in ye three Lower Counties, for Electing four members for each County, to serve in Assembly, and to meet the Governr (according to agreemt upon a conference had lately at New- castle, between the Govr and some of the principal Inhabitants of the sd Counties, at Philadia, sometime about the beginning of April, next, for that purpose a form of a Writt with Blanks for ye times of electing & meeting was offered, read and approved, and for ye day of Election ye 21st of March next was appointed, & for the day of meet- ing the Tenth of April next; then ordered, that the said writts be forthwith expedited & dispatched away to ye respective sheriffs of ye said Counties.
At a Council held at Philadia, March 4th, 1703 -- 4. PRESENT :
JOHN EVANS, Esqr., Lieut. Governour.
Roger Mompesson, Edwd. Shippen, John Guest,
Saml. ffinney, Willm. Trent,
James Logan.
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PROVINCIAL COUNCIL.
A petition from Saml. Lowman, Esqr., late Collectr of ye Port of Lewis (now of New Castle) was read, setting forth That in 1700 he recvd a Lettr from ye Secretary by ye Proprietr & Governrs orders, desiring his presence at Philadia, as Evidence against certain persons of ye sd Port of Lewis, who had illegally traded with some belonging to Capt. Kidds ship, the Pirate, and were then apprehended for the same, that accordingly he came to Philadia, and had attended three weeks, in wch time he had been at considerable Expences without any Consideration hitherto had for the same ; he therefore prayed the Governor and Council that they would be pleased to Order that the Receiver General who had received some part of ye said pirates goods & effects, should make him satisfaction for his Expences of time and trouble. Ordered that ye said Petition ly before this Board to be considered
At a Council held at Philadia, 22d 1st moth, 1703 -- 4. PRESENT :
JOHN EVANS, Esqr., Lieut. Governr.
Roger Mompesson,
Saml. ffinney,
Caleb Pusey,
Edwd. Shippen, Griffith Owen, James Logan.
Colonel Wm. Markham, making application to this Board, exhibi- ted, That whereas, in pursuance of an order from the Proprietr di- rected to his Lieut. Coll. Andrew Hamilton, the Counsil, on whom ye Governmnt upon ye sd Lieut's Dicease had granted him ye sd Wm. Markham a Commission under the Great Seal of this Province and Territories, to be Registr Generl of ye same, and had also granted an order under ye Lesser seal directed to Jno. Moore, Esqr., late Regis- ter General, to deliver to him ye sd Coll. Wm. Markham ye Seal of ye said office, together with all ye ffiles, Records & Papers belonging to ye same, notwithstanding all which ye sd Jno. Moore refused to deliver ye said Seal ffiles & Records, but in contempt of authority still keeps them in his custody, & continues to exercise ye sd office though Superseded therein by ye aforesaid Commission, whereupon ye sd Coll. Markham craves relief from this Board, & prayes that ye authority of his Commission may be supported, & that according to its Tenour, & ye Powers thereof he may be fully invested in ye said office, &c.
Ordered, that the sd John Moore, Summoned to attend ye Board at ye next sitting, to give his reasons for refusing as aforesaid.
A french Letter from Letort, the french woman at Cone- stogoe, directed to Edward ffarmer, bearing date the 15th Instant, being brought to the Governour, Informing that ye Towittois Indians had come down & cut off two families of neighbour Indians at Co- nestogoe, & that they were all there under great apprehensions of . further mischief from them, & were preparing to demand succour of this govermt in case the disorders should continue. The Governr laid the said Letter before the Board to be considered how far the sd Information ought to be regarded, & would be judged necessary to be done therein.
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Resolved, that some messenger or messengers be forthwith dis- patched away to Conestogoe, by way of Newcastle, to know ye true grounds of the sd Information, ye Relation as it now appears being somewhat suspicious.
James Logan, Receiver General for ye Proprietry Complained to ye Board, that ye Collectrs of ye 2000 pounds Granted to ye Pro- prietr had, (notwithstanding all the pressing Instances that had from time to time been used to them,) proved so remiss in Dis- charging their Duty therein, that a great part of it remained yet uncollected, & therefore pray'd that they might be obliged to ren- der their accots at this Board, where the Cognisance of them pro- perly lies.
Ordered, That this matter be taken into ye Consideratron of this Board, and that it be moved at ye next meeting; then adjourned.
At a Council held at Philadia, March 28th, 1704. PRESENT :
JOHN EVANS, Esqr., Lievt. Governour.
Roger Mompesson,
Caleb Pusey,
Edwd. Shippen,
John Blunston,
Samll. Carpenter,
William Trent,
Griffith Owen,
James Logan.
Samll. ffinney,
John Moore, according to ye Order of ye 22d Instant, appearing before this board, & being demanded his answer to Coll. Markham's Complaint. He alledged that his office in Dispute, was his Property & freehold, & conceived it to be a point of law, and therefore pray'd he might not be obliged to answer it here, but be left to a Trial at ye Law, where he Judged it properly lay : and accordingly it is left to be decided at ye law.
James Logan renewing his application that ye Collectors of ye 2000€, granted to ye Proprietary, having failed in their respective Duties, may in pursuance of a Clause in the act of assembly that grants the same, be summoned to attend this Board forthwith, to answer for their neglect.
Ordered thereupon, that Tho. ffarmer, Jno. ffurnesse, Willm. Tonge for Philadelphia ; Andrew Job, Jno. Hoskins & Henry Hol- lingsworth, for Chester ; Edward Mayes, Claus Johnson, Willm Biles, Tho. Stackhouse, &c. for the county of Bucks, be summoned to attend this Board forthwith, to answer for their neglect in Collect- ing ye sd Tax within their several Districts; also that accounts be forthwith Demanded from ye three Lower Counties, concerning the Quota's of their several Counties.
Also, upon ye Complaint of Saml. Carpenter, Provincial Treasurer of this Government, that ye Levies of a penny per pound granted in the year 1700, at Newcastle, Intituled an act for ye Raising of - one penny per pound, & six shills per head for support of the Govern- ment, &c. had not been duly collected or paid in. Ordered, that ye Secretary by order of this Board, Summon the Collectors of the same as before.
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PROVINCIAL COUNCIL.
At a Council held at Philadia, 7th 2 mo., 1704.
PRESENT : JOHN EVANS, Esqr., Lievt. Governour. Edward Shippen, Willm. Trent,
Griffith Owen, James Logan.
Richard Hill,
Ordered, That a Commission be forthwith prepared for ye Provin- cial Judges, to be filled up with names according to further direc- tions as shall be given.
William Tonge & John ffurnesse, Collectors of the Levies, granted to ye Proprietor for the County of Philadelphia, appearing before this Board, according to ye order of the 28th ult., were required to render an acct of their Proceedings, in Collecting the said Levies. And William Tonge, producing an accot of 272. 12s 2d recvd by him in Philadelphia, of wch he had paid to the Proprietrs Receiver, £151 10. 5., besides £16 7. 7., in notes in his hand remaining un- paid. 'Tis ordered, That ye said Tonge, (all deductions being first made for Disbursements & allowances for his Trouble, according to Law,) forthwith provide Security for ye paying of ye Remainder.
And John ffurnesse, producing an acct of 143£ 5s 6d, of which he has paid unto the said Receiver, £120 7. 8., and alledging Dis- bursmts for Horsehire, & Satisfaction for his great trouble in riding through the Country. Tis ordered, that the Consideration of his accots be deferred for some further time.
At a Council held at Philadelphia, 10th April, 1704. PRESENT :
JOHN EVANS, Esqr., Lievtenant Governour.
Edward Shippen, Griffith Owen,
Jasper Yeats,
Caleb Pusey,
William Trent, James Logan.
This being the day appointed for the Representatives of both ye Provinces & Territories, chosen for Assembly, to meet the Governr at Philadelphia. Three members of those of the Province being admitted, acquainted the Governr by a message from their House, that as many of them as were come to town were mett, & desired to know what Commands the Governr had to lay before them.
The Governr inquiring how many of their number were together, was informed there were 22 and 4 wanting.
The Governr desired them to withdraw, & they should have an answer ; and it being Considered that ye Design now in hand, being to propose an Union between the Upper and Lower Counties, & those of the County of Sussex, not being yet come to town. 'Tis - concluded to defer meeting ye sd Representatives till morning.
And the sd members being called, were informed accordingly.
The same members also psented two other members of ye Prov., who had not been qualified before, that they might take & subscribe ye same Declaration that the other had done.
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Which was also deferred till morning.
A message was sent to ye Representatives of Newcastle & Kent, being mett together to acquaint them the Governr & Council, were sitting & desired their attendance.
And being come, ye Governr desired they would meet him to- morrow at the same hour (viz. ten,) with those of ye upper Coun- ties.
At a Council held at Philadia., 11th April, 1704, h. 11 mane $ .
PRESENT :
JOHN EVANS, Esqr., Lieut. Governour.
Edwd. Shippen,
Jasper Yeats,
Saml. Carpenter,
Richd. Hill,
Griff. Owen,
Willm. Trent,
Samll. ffinney,
James Logan.
Caleb Pusey,
The Council mett and adjourned to Joseph Shippens House, at 4 in the afternoon, at wch time & place it was appointed to meet ye Representatives both of Prov. & Territors.
POST MERIDIEM, hora 4ia, Iidem qui ante.
Griffith Jones & Joseph Wood, being introduced by two other members of ye Province, took & subscribed ye same Declaration that ye other Representatives did in Octobr last.
The same members desiring to know when the Representatives of ye Province might attend ye Governr, were answered forthwith.
And the house of Representatives having in ye morning desired that the above mentioned Declaration might be communicated to them, which was done, they returned it to ye Board, desiring in the name of the house that they might have a Copy thereof certified by ye Secretary, which was granted.
The Representatives of the Province, with their Speaker at their Head, Presented themselves before the Governr & Council, & those of Newcastle & Kent, Who alone were come up, being called into the Chamber; The Speaker repsented that he had in command from the House, to address ye Governr & Council, & desired that in order to it they might be by themselves in the Chamber, without any mixture of other members then their own & the Council, upon wch those of the lower Counties withdrawing : The Speaker said,
That in behalf of ye Representatives of ye freeholders of this Pro- vince, he was to acquaint ye Governr, That they were formerly chosen in pursuance of the Proprs Charter to the People, & had mett & were adjourned to the first of ye third month next, unless the Governr of this Province had occasion to meet them sooner.
That since his arrival he had been pleased to Issue his Summons, & appoint them to meet at this time, & that they were extreamly glad of the opportunity of paying their respects & Duty, (as a
.
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PROVINCIAL COUNCIL.
House,) to the Governr & the Council. That what commands the Governr might have in charge, either from the Crown or ye Propr to lay before them, they were ready and Desirous to take them into Consideration, & hoped they should discharge their duties therein with all due respect & dispatch, as the matters should require that it was some surprize to them to find any other persons in ye Room be- sides this Board, believing they had no bussiness at this time to meet with any other.
The Governr told them he was willing before they proceeded to any Business, to give them his sentimts in general of what methods would be most proper for them to take, & that it would be most suitable for those of ye upper and lower Counties to be together.
The Speaker insisted on it that they of ye Province were a House of themselves, & it might they feared infringe their Priviledges to admit any other, that this was all he had in charge & could proceed no further.
It was moved at length that they might withdraw to their House, and there consider of what the Governr had said & give their an- swer, & accordingly they withdrew.
Two members from the House desired to know whether the Go- vernr & Council would sit long enough this evening to receive their answer.
They were answered it was now late, & therefore the Council would adjourn till to-morrow at 9 in the morning, at the same place.
At a Council held at Philadia, 12th Apr., 1704.
PRESENT :
JOHN EVANS, Esqr., Lieut. Governour.
Edward Shippen,
Jasper Yeats,
Saml. Carpentr,
Richd. Hill,
Griffith Owen,
Willm. Trent,
Saml. ffinney,
James Logan.
Caleb Pusey,
A message from the Representatives of the Province having been sent to the Governr before sitting, to know when he would be pleased to receive them, to which it was answered, they should know by a messenger from the Board. It is ordered, That the Secretary inform them that the Council is Sate, & desires the attendance both of those of the Prov. & Territories.
The Representatives of the Province psented themselves ready to receive the Governours Commands & know his pleasure, & those of the Territories were also called & all being mett.
The Governr told them he could not but be sorry he had mett with any Disappointment in his intention of speaking to them yesterday, but believed it arose from a misapprehension & groundless fear of an Infraction of their priviledges, of which he should ever be very ten- der. That at the first time he mett with them, he could have wished
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there might have been nothing like a rub, but hoped their perfect Concord & Harmony for the future could make amends for it. That what he had to say he had committed in writing, and notwithstand- ing what had past he found no occasion to alter it, & therfore would deliver it as follows :
Gent : The Proprietary & Governr in Chief of this Province & Territories, having with her Majesties Royal appropriation, thought fitt to appoint Lieutent Governr of the same as well her Majesty, as the Proprietary have been pleased to give all necessary Power & In- structions for the well Governing the People thereof.
For the full Discharge of which 'tis needless to Inform any who are blest with the Priviledges of English men, that nothing is of greater Importance than a well Regulated Legislative Power, con- sisting in the Concurrence of those that are invested with the Power of Governmt, and the People whose Representatives you now are. The Compassing which happy End, as I am well assured, is one great Point of my Duty, So with Gods assistance it shall be ye utmost of my Endeavours.
But I was not a Little Surprized Gent. at my arrival in this place, to hear that within the Bounds of my Commission there had been any tendency to a Division in the Legislative Power, Happily settled by our Constitution in an Assembly of the ffreeholders of the Pro- vince & Territories, since the first errecting of this Governmt. I have been pleased to hear that you have all hitherto been United in one Body in your Assemblys, and in them have Joyntly Enacted Laws by which you have been peaceably Governed & fflourished at least Equally for the time to any Collony in America.
And I should be Exceeding Sorry should it prove my misfortune & yours, to find you who have gone thus Happily together, to Pro- ceed on my arrival to break that union, and Confirm by act a Seper- ation that I must believe was the unhappiness of ye place to have ever laid any foundation for.
I am well assured Gent. by all my orders, that her Majesty Con- · siders both this province and Territories as one Intire Governmt, and both the Royal approbation and my Commission tell me that I ought to use my utmost endeavour to keep them so.
Your Publick Interest also, I suppose, will no less clearly Inform you that you are by that so Inseperably united that neither can, without great loss and Inconveniency, suffer a division.
Unity and Concord are the greatest Cement of Publick Happi- ness and tis no small part at this time of ye Glory of England, that in the Legislative Powers there the Parliament is in harmony and Union.
I must therefore Gentlemen, Earnestly Press both you the Repre- sentatives of the Province, notwithstanding ye stepps already made to a seperation, and you of the Lower Counties, who upon our Con- sultation at New Castle with some of the prin. of you on this head, thought it requisite to meet here to deliberate & consult on this Im- portant affair. That Conferring by yourselves, and together as there shall be occasion, you would take the speediest and Properest mea-
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PROVINCIAL COUNCIL.
sures to form yourselves, by an amicable agreemt, into a Condition that may Enable you Effectually to proceed to the Consideration of such methods as the service of her Majesty, This Governmt, & our Common Interest and Safety may require, & which I must lay before you. The different numbers of Representatives need not be any ob- struction. Your business together being not now Immediately to proceed to voting, but to find means to put yourselves joyntly into a fitt Condition for it.
I must Recommend to you Gent, both of the Province & Territo- ries, that you would use your utmost dispatch in this affair, that wee may the more speedily Proceed to such other Business as our Cir- cumstances may Require to be Expedited.
To which the Governr added, that they had now an opportunity of doing themselves a kindness, effectually greater phaps than they might reasonably expect to see again, that their friends would ex- pect they would use it accordingly, & that they could doe nothing that would oblige their Enemies more than to neglect it. He hoped they would Improve it to the best advantage, and by all means study Unity, and a perfect agreement, & further recommended to those of the Territories, being strangers amongst them, for conferring & Con- sulting whether together or asunder, upon which they were dismis- sed, the Governr having first given to the Speaker his Speech in Writing, and the Councill adjourned to P. M.
POST MERIDIEM, hora. tertia, Iidem qui ante,
A petition from Wm. Howston was read, showing that one George Lamb, of Newcastle, did unduly obtain Judgmt agst the Petitionr, upon wch execution has been awarded. That the Petitionr obtained a writt of Error from ye Governmt, but that the Justices would not allow it, and therefore prayes that the Premises may be taken into Consideration, and that the Governour & Council may order the sd writt to be allow'd.
Which Petition being considered with the Law that directs the Is- suing of Writts of Error. Tis ordered, that inquiry be made into the Truth of the said Representation, and that it be further con- sidered.
According to orders issued by the Secretary, in pursuance of an Order of the 28th of March, Edward Mayos, Peter Worrall, John Shaw, John Stackhouse, Claus Johnson, and a relation representing William Buckman, being all the Collectors of ye Proprietaries Levies in Bucks, (William Biles excepted who is said to be sick,) appeared before the Board to render an acct of what they had done in the Col- lection of the said Levies, and to answer for their neglect.
Their accots not being regularly drawn up, could not be given in, and for their neglect they answered, they had not been wanting in their endeavours, but many difficulties arose which obstructed their Effectual prosecution.
It was finally proposed to them, and each of them in particular, whether they would incur the fine of five pounds each as laid by the .
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Law, or proceed to the full discharge of their duty to the latter, of wch they all fully agreed, requesting that they might have their orders renew'd and reinforced.
Ordered thereupon that the Justices of the County of Bucks, be forthwith Required to grant new warrants for the Collecting of the said Levies, without delay, and that the said Collectors proceed to the finishing of the Collection with all expedition, and return accots thereof in two months at farthest after this day, and then adjourn to - Memdm this evening the Governr received an address from the Representatives of the Province out of Council, in answer to his foregoing speech.
At a Council held at Philadia, 14th Apr., 1704, P. M. Q PRESENT :
JNO. EVANS, Esqr., Leivt. Governour.
Edward Shippen,
Caleb Pusey,
William' Clark,
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