USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 44
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PROVINCIAL COUNCIL.
the Message sent to him, which how injurious that might have proved to the whole Contrey, he desires the Board seriously to con- sider, and when they had done so, he hoped they would plainly see that his Journey did truly fall within the Intention of that Act; & further to weigh, if after they had undergone so great a fatigue among such a people without any manner of accommodation, but what must be carried with him, & in the most sultry season of the year, he must also be at the whole Expence of that Journey, not- withstanding there is an allowance made by the Country for such services, whether by such measures he should not be too ungenerously dealt by.
And the Council hereupon did unanimously agree, that the said Journey was really for the service of the Publick, and that the Govrs. readiness to undertake such a Journey, & his exposing him- self to such hardships Deserved all their acknowledgemts., and that all the Govrs. Charges therein ought to be born by the Publick ; But the same Scruple arising, whether the Council can warrantably allow any charge whatsoever, by Virtue of that Act, for improving a better Correspondence with the Indians, wch was not first expressly Ordered by themselves.
It was after some Considerable Debate resolved, That the said Journey did fall Directly within the Intention of the said act; That in Case the Necessity of it could have been laid before this Board, before it was undertaken it must have been Ordered ; And therefore 'tis Resolved, that all the necessary Charges of the said Journey & Treaty should be Order'd by this Board, to be paid by the Treasurer, out of the allowance of fifty pounds per annum ordered by Law for such services.
Order'd, That Thomas Grey, who attended the Governour in the said Journey and Treaty, do draw up the said acct. fairly and more particularly, and that he give in the same to the Board, at their next sitting.
At a Council held at Philadia., ye 28th of 6 mo., 1707.
PRESENT :
The Honble JOHN EVANS, Esqr., Lieut. Govr.
Thos. Story,
Richard Hill,
Esq'rs.
Griffith Owen, Esq'rs. Joseph Pidgeon,
James Logan,
The Govr. laid before the Board a Letter, which he had reced. abot. three, this morning, by an Express from New Castle, import- ing, That they had an acct there ; that the Govr. of Maryland had Ord'd. a Muster to be made of the Melitia of Cecil County, on the Eastern Shoar, to Morrow, and was to come over the Bay, and be present at it himself; the Design of which was apprehended to be to enable the Sherif to Execute the Writt of Ejectmt. by force which he had been prevented in a few weeks before, & the Govr. thereupon told the Board he thought it necessary first to inform the
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Board of this, and then to hasten down with all possible expedition to prevent, as far as lay in his Power, any Inconvenience that might arise from an attempt, if there were any real Grounds for the appre- hension, tho' he hoped it would prove a Mistake.
At a Councill held at Philadia, ye 2d of 7br., 1707.
PRESENT :
The Honble JOHN EVANS, Esqr., Lieut. Govr.
Saml. Carpenter,
James Logan,
Thos. Story,
Esq'rs.
Richd. Hill,
Griffith Owen,
George Roche,
Esq'rs.
Saml. ffinney,
Joseph Pidgeon. ]
The Govr. desired the Board to Consider what Judges would be most proper to be employed in a Special Commission of Oyer and Terminer, for trying of Nicole, the ffrench Prisoner, now in Philadia. Gaol, & it was resolved, That a Special Commission should be Di- rected to all the five Provincial Judges, that are at present in Com- mission.
The Govr. also Desired the Board to Consider whether it might not be Convenient to give the said Judges, in the same Commission, a Power to try Joseph Jones, of the County of Philadelphia, for the Crime for which he has been committed ; because if he be tried by the Court of Qr. Sessions, he will Doubtless Traverse, and thereby Defer the Trial for 3 Months longer, which will lay the Principal Evidence agst. him, for the Queen, who is now in Town, at- tending the Trial, under the necessity of returning again from Maryland, in the Depth of Winter, to his great Inconveniency and trouble.
Upon which, after some time spent in the Debate, It was resolved, That the matter should be left to the Course of the Common Courts, without any further Direction. And then adjourned.
At a Council held at Philadia. the 12th 7br., 1707.
PRESENT :
The Honble JOHN EVANS, Esqr., Lieut. Govr. Edwd. Shippen, William Trent, -
Thos. Story, Esq'rs. Richd. Hill,
Esq'rs. James Logan, Joseph Pidgeon,
The Govr. Informed the Board, that for certain Reasons he must desire them without any Delay to finish the Consideration of his accts., & recommending the Matter to the Board, left it that the member might the more freely proceed upon them in his absence.
The Council call'd for the acct., wch T. Grey was Ordd., the 28th of last month, to draw up & lay before the Board; but that not being yet given in, it was Order'd to be brought to morrow at ten in ye forenoon, to which time the Council adjourns.
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PROVINCIAL COUNCIL.
At a Council held at Philadia., the 13th of 7br., 1707.
PRESENT :
Edwd. Shippen,
Richd. Hill,
Thos. Story,
George Roche,
James Logan,
Joseph Pidgeon,
Esq'rs.
Willm. Trent,
Thos. Grey presenting to the Board an acct. of the Govrs. last Journey among the Indians, according to the Order of Yesterday, amounting in the whole to Thirty four pounds Seventeen Shills. & two pence, and all the Articles thereof being Examined; It was al- lowed by this Board, and Resolved, that two third parts of the said sum should be paid by the Treasurer of the Province, and that the other third part should be referred to the three lower Counties to Discharge the same.
J. Logan, Secry., & Cl. Concij, being about the latter end of this month obliged to take a Journey to Virginia, was absent till the latter end of Novembr. following.
At a Council held at Philadia., ye 14th of Octr., 1707. A. M. PRESENT :
The Honble JOHN EVANS, Esqr., Lieut. Govr.
Saml. Carpenter,
Richd. Hill,
Griffith Owen, Esq'rs. George Roche,
William Trent, Joseph Pidgeon, } Esq'rs.
The Return of John Haskins, Sherif of the County of Chester, of the persons chosen Representatives to serve in General Assembly, for that County the Year Ensuing, was read, and the persons elected and Returned, are ffrancis Chadsey, Willm. Smith, Saml. Lewis, Richd. Hayes, John Hood, Wm. Garret, John Bethell, & Evan Lewis.
The Return of Willm. Croasdell, Sherif of the County of Bucks, was also read, and Henry Paxon, Saml. Dark, John Swift, Wm. Paxon, Thos. Hilbourn, Wm. Biles, Ezra Croasdell, & Saml. Beakes, are Returned to be Representatives to serve, &c. for that county.
The Return of Peter Evans, Sheriff of the City and County of Philadia., was also read, and David Lloyd, John Roberts, Griffith Jones, ffrancis Rawle, Joseph Willcox, Robt. Jones, Joshua Car- penter, & Saml. Richardson, are Returned Representatives for ye County ; And ffrancis Cook, & Willm. Lee for the City.
POST MERIDIEM.
PRESENT :
The Honble JOHN EVANS, Esqr., Lieut. Govr.
Saml. Carpenter,
Willm. Trent,
Griffith Owen,
Esq'rs.
Richd. Hill,
Joseph Pidgeon,
Lg .
Caleb Pussey,
1 Esq'rs.
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William Biles, & John Bethell waited upon the Gover., and ac- quainted him that the House were mett, and were ready to attend him, if he was ready to receive them. And the Govr. acquinted them that he was in Council, and was ready to receive the House.
The Assembly accordingly waited upon the Govr., And presented Dav'd. Lloyd as their Speaker; who Desired the Govr. would be pleased to Order them to Return, and make choice of another per- son for that office ; for that he was Conscious of his own Insuffi- ciency for the undertaking. The Govr. answered that he was satis- fied that the House very well understood their business in choosing of him, and therefore he was also with the choice ; and then made the following Speech : GENTLEMEN :
Although, as I perceive the choice of Representatives in Assembly has fallen Genaly. upon the same persons now, as were in the last year, with whom so much time was unhappily lost, by I know not what Influences, wch. might and ought to have been spent in the service of the Country ; yet I am now to look upon you as a new choice, And you are to consider your selves as intirely disen- gaged from those differences and fruitless disputes, which they very improvidently and unnecessarily fell into, and maintained. And this you will find to be the first effectual advance to business, and with- out which it were in vain for me to meet you. I shall then, without any Design of Reflection upon the proceedings of the last assembly, (ffor they will have their weight elsewhere,) but for the benefit and use of the present, in a few words, point to those Rocks they split upon, wch. you may easily avoid. The Chiefest, and I think the cause of most of the rest, was the Assembly's being so fixed on, and tenacious of every thing they themselves proposed, tho' altogether foreign to the Great Business then on hand; No less than the Re- storing to her Majesty's subjects, the Courts of Judicature, and Re- viving the Pleas and process, the very Essentials of a well regulated Governmt. ; that severall things inconsistent with my Duty, tho' not essential, were put into a Ballance with those great Rights the People then languished for, which I do most seriously protest was my Earnest desire to pass a Bill for, and was ready to agree to every thing consistent with a Just discharge of the trust reposed in me for that end; and I doubt not but when you to come to a Review of those affairs, you'l find that every thing necessary to the Establish- ment of Courts has been actually consented to, almost in the very manner proposed, (altho' many things in that bill might have been found at a time when there was less necessity for a Law, not altoge- ther proper,) and that it must appear very unaccountable to Impar- tial men, that the House could not think fitt to agree that the Country should have any Courts at all, unless I would suffer a Bill, stuffed with various matters, not any ways then pertinent, to pass ; I hope what I have said will serve for a sufficient caution to you, of falling into the like mistakes, whereby this Province, instead of Enjoying the Great advantages and benefits of the best of Constitu-
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PROVINCIAL COUNCIL.
tions, vizt : Assembles, may have cause to think them the Greatest Grievances.
Gentlen., what I have to offer to you for the Service of the Coun- try, is to Recommend to your Consideration, the preparing Such a Bill for the Establishing ye Courts, that may consist with Reason & my Duty to pass, ffor Certainly I shall pass no other ; And this I Propose Not from any Necessity we lye Under of such a Law, the Courts being settled by as good authority as any is desired from the Royal Charter ; but to Convince you that I'm still truly Inclin'd to give General Satisfaction by a Law, and to Remove those ill Im- pressions that have been made upon the Ignorant against the Pre- sent Establishment.
And if any thing on your Parts may be thought upon for ye Honr. and Service of the Country, I shall freely Accept your proposals, And readily agree wt. ever is Conducive to that End, when I return to meet you again, for you know how manifestly the affairs of the lower Counties interfere with those of the Province, by reason that her Majesty's service does Immediately require my presence there, whither I design to morrow, where I shall use all possible dispatch, and in the meantime it is necessary that you be adjourn'd.
And ye Govr. having accordingly taken a Journey to New Castle, he there reced the following Address from ye House.
To John Evans, Esqr., Lieut. Govr. of the Province of Pennsyl- vania, &c.
The Address of the Representatives of the ffreemen of the Sd. Province, in Assembly mett, at Philadia., this 17th day of Octbr., 1707.
May it please ye Governour :
We have Deliberately read and Considered the Copy of thy Speech made to us the 14th Inst., and finding it to Contain severe reflections against the last Assembly, obliged us to inspect their minutes and proceedings, and find they have taken great pains and used earnest Endeavours for the Service of the Countrey, who we are fully as- sured were well satisfyed therewith, so That we Conceive This sort of Treatment to be an Indignity offered them unbecoming thy Station.
Thou art pleased to tell us, That the Rock they Split on was their being fixed & tenacious of every thing they themselves proposed, though altogether fforeign to be business then in hand, vizt .: Resto- ring to the Queen's Subjects the Courts of Judicature, and Reviving the Pleas & Process, &c.
We find by the Journal of the House, That divers considerable alterations were made to accommodate the Bill of Courts, in Divers respects to thy mind; and upon a Review of the whole Bill, the Seve- ral Paragraphs of it having been distinctly read in this House, we are of Opinion, That it contains nothing foreign to the regular Esta- blishmt. and well being of the Courts of Judicature; But on the Contrary, Considering the magistrates here are generally such as have not been very Conversant in the Law; And that the Obtaining and Continuing those of greater Knowledge & Experience, will be
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both difficult & uncertain as well as Chargeable, the said Bill will be of great Use and Service to the Province in general, as well as to those Concern'd in the Magistracy in particular, to whom we conceive it will be as a Directory for the Discharge of their Duties. Neither can we perceive any thing in it Inconsistent with thy Duty to pass ; Nor, as at last amended, much differing from thy own Proposals, save in Two points ; the one about displacing Clerks for Misbehaviour, And the other about the Justices granting Lycenses ; Both which are agreeable to the Laws of England, that ought to supply the Defects of our own.
If the people then Languished for those great Rights, as thy Speech suggests, We Intreat the to consider That the Repeal of the former Law about Courts, came to thy hands long before that As- sembly were Elected ; And if the assembly in being, at the arrival of the said Repeal, would not agree with thee to Settle them by a Law, Thou hadst the Opportunity of doing it sooner in the method since taken, and applauded ; & if blame was due to any on that ac- count : We know where to place it.
We do not conceive that the Bill is stuff'd with various matters, not any ways pertinent ; Nor that 'twill appear unaccountable to Impartial men, that the assembly then Insisted on what they did, as thou art pleased to suppose, which would Render not only them, but the generality of the ffreemen, who by a second choice, have signi- fyed their approbation of those proceedings, very Ignorant, as well as great Enemies to their own Interest ; and were it true, they merit Pity more than Blame.
We are of Opinion, notwithstanding thy Protestation of a Desire to pass the Bill for Establishing Courts, and Pretended readiness to agree with the last assembly ; That thy present speech, filled with Reflections & Invectives agst. them, cannot be well resented by the Countrey, nor be a prudent method of beginning Business with this House.
If the last assembly had been guilty of the Mistakes thou sug- gests, thy caution to us would be more reasonable ; But they having used their Endeavours to obtain a regular Establishment, and shewd their Dislike to the violation and Incroachments attempted upon the rights of the subject, & we being resolved to follow their Example therein, and do what we can for the Publick good ; There will be no just cause for any to conclude that this Part of the Constitution wherewith we are Intrusted, will become a Grievance to ye Province, unless we could concede That the Power granted us by the Royal Charter, should be render'd so precarious : as some would have it subservient to arbitrary Designs and Practices; Leaving the Grie- vances of the People unredressed, and those Evil Ministers & Offi- cers that oppress and abuse the Countrey, to go on without Re- buke.
Thou art pleased to recommend to our Consideration, the Pre- paring such a Bill for Establishing Courts, as may Consist with reason and thy Duty to pass, and as thou seems resolved to pass no other, so we hope we shall never press (or so much as propose)
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PROVINCIAL COUNCIL.
it ; Tho' we cannot but take notice, That thy suggesting a Doubt to the Contrary argues a Diffidence in us before Tryal, which looks something uncharitable ; Thou art pleased to acquaint us, That we Lye under no Necessity of such a Law; And that the Courts are already settled by good authority, Only thou art willing to re- move those ill impressions that have been made upon the ignorant ; If we were of that Opinion, We think twould be mispent time to do it by a Law.
But by the Complaints already laid before this House, of ye Great Injustice in those Courts, and Abuses and Injury sustained by the Queen's subjects of late, in being Denied those Remedial Writts which even thy own Ordinance prescribes, shall be granted of course. We are sensible of the Contrary, and have good cause to believe there is some defect, which (as thou art pleased to say in another case) will have its weight elsewhere, if not speedily redressed here.
And now to conclude what we conceive will be for thy Honour & the service of the Countrey, Is that thou wilt be ready to concur with us in passing such Bills, as may be truly for the good and benefit of the people under thy care, especially that the current of Justice may be opened, (by a proper & Legal way,) which at present seems much obstructed ; And that thou wilt consider the said Bill, with the others lying before thee for that end; All which we understand were pre- pared and presented by the last Assembly, tho' we find no answer upon their Minutes, either to the said Bill, or the Address about the New Castle Imposition, and other abuses yn. complained of; And if thou please to shew us thy objections to any of the said Bills, they shall have their due weight. Hadst thou favoured us with an account of the time, we should have mett thee, we might have adjourned ac- cordingly, but being uncertain how long affairs may Detain thee there; We have, unless thou thinks fitt to convene us sooner, ad- journed till the Nineteenth Day of Novr. next; And we hope and ex- pect a friendly meeting with thee, to proceed in further consideration of the said Bills, and such other matters as may occur or be thought necessary for the publick good.
Signed by Order of the House, N. C. D.
Per DAVID LLOYD, Speaker.
To this Address ye Govr. gave ye following answer, drawn in his own hand.
GENTLEMEN :
I cant but be very sorry to find by your Address of the 17th of Octobr., sent me to New Castle, that you have utterly rejected the good advice I had given you for avoiding those practices which proved Destruction to the advancement of Business, during the last Assem- bly, and that you have so positively Enter'd into a Resolution of following their Example. The Consequence of which will be the losse of another year, which I know not how you will be able to an- swer for, since you have thought fitt to make their proceedings your precedent, which I have in discharge of my Trust, fully represented
17*
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to her Majesty's Council for the Plantations, and thereby excluded yourselves from the benefit of my last offer to you of a law for Courts ; I shall think it my duty to wait those orders, as I have good Cause to expect will be given thereupon ; and shall not so mispend ye Coun- try's, & my own time, as to give those so often Repeated arguments against unreasonable demands, to men endow'd with so extraordinary a faculty of Resisting Even Reason it self, and their own happiness, and miserably perverting all offers of favour & indulgence made to them, of which this address has given renewed and full instances ; & tho' it were too tedious to take notice of them all particularly, Yet I shall mention one whereby it may be plainly seen what base returns have been made, and may be expected from such tempered men. You tell me that if the people then languished for these great Rights, (vizt : the administration of Justice, that you entreat me to consider that the Repeal of the former Law about Courts, came to my hand, long before that Assembly were Elected : and if the Assembly in being at the arrival of the said Repeal would not agree with me to settle them by a Law, I had the opportunity of doing it sooner in the method since taken & applauded, & if blame be due to any, you know where to place it.
When the Speaker of the present house was one member, with three other Gentlemen,* who were sent by that House, in a Mes- sage to me, Earnestly to Request the putting off to the Next Elec- tion, ye Consideration of a Bill for Establishment of the Courts, which I had caused to be prepared and sent to them, and which I very unwillingly, at their Importunate Desires, consented to; And this is the return I have mett with from you, and it is very easy to know who has misled the House in this particular, and suffered you unjustly to impute blame to me, when you should have been informed (as you might from your own Journal) it was not there due. So that such unfair dealings, having left me intirely without hope of any Change in you for the better; I shall only in the mean time take care that the Countrey may not be loaded with the great charges that would Accrue by the tedious and fruitless Sessions of this their Second Choice, with out the hopes of any Equivalent of profit to them.
But before I dismiss you, I cannot omitt taking notice to you, & ye World of the Strange Treatment I have mett with from you, by your unjust imputations, Reflections and Invectives upon my Speech, made to you at your first meeting, Wherein I defy any Rea- sonable man to Shew me the least Provocation for such Language ; But I may cease wondering, when I consider that it is done by men, who at the same time have taken the Liberty to tell me that my Most Serious protestations (ye truth of which may only be judged by God & my own Conscience) are but pretended; a Treatment so savage that the most Inferiour and basest sort of men are not suffered among themselves to use it with impunity, wch nevertheless you have made the Stile of a house of Assembly to their Govr. while he
* Vid. Min. of 3d Octob. 1706.
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PROVINCIAL COUNCIL ..
is Discharging his Duty ; What is due to such Language between Man & Man is well known to the World; but I must confess I am to Seek at present what return to make to ye evil Tongue of a Mul- titude, wherein is Shame & dishonour, but hope ways may be found to Reduce them to their own good, and bring them to a just Sight of their Error. And in the mean time I do hereby Signify to the House that they be prorogued to the last Day of September next, unless her Majesty's Command or some other Exigence Shall Re- quire your attendance before that time.
At a Council held at Philadia., the 31st of 10br., 1707.
PRESENT :
The Honble JOHN EVANS, Esqr., Lieut. Govr.
Edwd. Shippen,
Thos. Story,
Esq'rs.
Griff. Owen,
Willm. Trent,
Richd. Hill George Roche, Joseph Pidgeon, James Logan.
Esq'rs.
The Govr. laid before the Board a Letter wch he had recev'd yes- terday, from the New Board of Trade, dated the 7th of May last, Signed by the Lds. Stamford & Dartmouth, J. Herbert, Th. Mea- dows, J. Pulteny, & R Monkton, directed to the Proprietr., Inform- ing him that her Majesty had been pleased to appoint ym. with Mr. Stepney, Commrs. for promoting the Trade of that Kingdom, & for In- specting & Improving her Plantations in America, & that in pursuance of the Trust Reposed in them, they should be ready to receive Infor- mations from the Govr. in point relating to her Majesty's Interest, and accordingly the Govr. is directed, from time to time, to apply to them as there may be occasion.
At a Council held at Philadia., the 24th of ffebry., 1707.
PRESENT :
Edwd, Shippen, r
Saml. Carpenter,
Thos. Story,
Griff. Owen,
İ Esq'rs.
Esq'rs. Saml. ffinney,
Willm. Trent, Richd. Hill, Joseph Pidgeon, James Logan.
There being a Necessity for the Council to be convened in the Govrs. absence, upon a Message from the Indians of Conestogoe, by Harry the Interpreter, they mett accordingly ; And the said Mes- senger laying upon the board Six loose strings of white Wampum for his Credentials, declared that he was sent by the Queen and the Principal men of Conestogoe aforesaid, to the Govr. and Council here, to acquaint them that divers Europeans, namely ; Mitchel, (a Swiss,) Peter Bezalion, James le Tort, Martin Chartiere, the ffrench Glover of Philadia., franck, a young man of Canada, who was lately taken up here, being all french men, and one from Virgia., who also spoke french, had seated themselves and built Houses upon the
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branches of the Patowmeck, within this Govmt., and pretended that they were in search of some Mineral or Ore, that in the Governrs. name they had required the Indians of Conestogo, to send some of their People with them to assist them, and be servicable to them, for wch the Govr. would pay them ; That those of Conestogo, not thinking these proceedings to be consistent wth their past Trea- ties and Leagues of ffriendship, desired to know whether the said persons were really sent by this Govmt., & had thus seated them- selves by their approbation, & whether they had any Orders to de- sire the assistance of the said Indians, if not that then they might be called home. The sd Interpreter further added, that altho' Mitchel was the person who had first led the rest thither, yet he had left them for many weeks past, and pretended that he wanted one Clark, of Maryland, (who is said to be now under an Attainder, by an Act of Assembly of that Govmt.,) to assist him in the Discovery; and the said Messenger being asked divers other Questions relating hereunto, he was order'd to withdraw.
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