USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 45
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The Council taking the Premises into consideration, first inquired whether any one of the above mentioned persons had a License to trade, in pursuance of the Act of Assembly, lately pass'd in this Pro- vince, for maintaining a better Correspondence with the Indians, & thereupon the form of the License was read, and an acct. of all those who were Licensed in pursuance of the said Law, was produced by which it appeared that none of those before mentioned is Licensed, Saving Peter Bezalion, and that if they had all been so, yet that would not Justify them for seating themselves in such a manner as has been before Express'd. Whereupon it was resolved that an An- swer should be prepared to be sent to the said Queen, in which her care in acquainting this Govmt. wth. what ye said messenger had re- lated, should be acknowledged, and yt the afore-mention'd persons should be forthwith required to repair to Philadelphia, to give an Acct. of the Reasons of their Seating themselves in the aforesaid place, and the Secry. is ordered to prepare to said Answer against four of the Clock in the afternoon, to which time the Council is ad- journed.
At a Council held at Philadia., the 25th of ffebry., 1707.
PRESENT :
The Honble JNO. EVANS, Esqr., Lieut. Govr.
Edwd. Shippen,
George Roche,
Saml. Carpenter,
Esq'rs.
Joseph Pidgeon, Esq'rs.
Willm. Trent,
James Logan.
Richd. Hill,
The Govr. arriving yesterday in the afternoon, before the meeting of ye Council, it was Deferred by his Order till this morning; But being now Convened, the Minute of Yesterday was read, Whereupon the Govr. informed the Board, that he had heard some Considerable time ago, of Several persons who had gone abroad into the Woods,
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in Expectation of discovering some valuable Mines, and that par- ticularly Mitchel, the person mentioned in the foregoing minuie, had been very Busie, and much abroad; that finding a time last summer when he was return'd to town, the Govr. had sent for him, and required to know of him what he intended by traversing the Coun- try, as he had done, without permission ; and what was the meaning of these discourses about Mines. That Mitchel answered, He had been emplyed by Diverse of his Contreymen, who were in Treaty with the Crown & Propr. for Lands here for a Convenient Tract to Settle a Colony of their People on, to come over and search for such a place as might best suit them, and upon this head was large in giving an acct. of the Design; that the Govr. asked him how he durst presume to range this Countrey, on any such design, with out applying first to him ; to which he answered that he would have done it, but that he lost his Credentials, & expected others over. The Govr. add'd. that he found he had some Notion of Mines, and had his thoughts much bent that way; that he was willing to lett him proceed, & had not discouraged him ; that he had advised him to take some Indians with him; that of the persons before mention'd, the Govr. had Ordered two that he could confide in to be there, that he might have a full account of their proceedings; but that he knew nothing that so many had gone out, nor could think it was fitt to be suffered.
With which the Board was unanimous concuring, It is Ordered, that all the aforemention'd persons & all others Settle at or near to the above mentioned place, on the forks of Patowmeck, whose Residence has of late been in this Govmt. and have not a special Order from the Govr. for their going thither, shall forthwith repair to Philadia., or to their Usual respective places of abode, as they will answer the Contrary at their Peril.
A Petition from Wm. Righton & Robt. Grace, directed to the Govr. alone, being presented to him, the Govr. thought fitt to lay it before the Council, and desire their advice therein. The matter of which Petition was, That Toney, a Negroe Slave of the said Righton, and Quashy, a like Slave of the said Grace's, were lately at a Spe- cial Court held for that purpose in this Town, condemned to Death for Burglary proved agst. them ; But for asmuch as it will be of very great Damage to the Petitrs. should their sd. slaves lives be taken, since there is no provision in this Govmt. as is Usual in other places, for a Competent restitution to the Owners who lose their Slaves by the hand of Public Justices.
Therefore, the humbly pray, that in Mercy to the said Owners the lives of their slaves may be spared, & that they may be suffered to transport them, & instead of Death, that they may have the Liberty to inflict on ym. such Corporal Punishmt. as may be requisite, for a Terror to others of their Colour, wch the said Owners will take care to have duly executed upon ym. All wch being taken into Consideration, the Board thought fitt to give it as their Opinion, that the Death of these Slaves would be a greater Loss to the Owners than they could well bear, and therefore seeing there is no Provision
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made for restitution for the Loss by the Publick, it may be as con- venient to make the Slaves Examples of Terror to others of their Complexion, by a most Severe Corporal Punishmt., and that the Petitioners may have Liberty to transport them as requested.
And it is hereupon Resolved, that the Owners may have Liberty to punish their Slaves, notwithstanding the Sentence of Death pass'd upon them, wch in case they will perform in the following Manner ; the said Sentence shall be taken off, and their Owners shall tran- sport them to their own benefit and advantage.
That the Punishment shall be as follows : They shall be led from the Market place, up ye Second Street, & down thro' the front street to ye Bridge, with their arms extended & tied to a pole across their Necks, a Cart going before them, and that they shall be severely Whipt all the way as they pass, upon the bare back and shoulders ; this punishmt. shall be repeated for 3 market days successively ; in the meantime they shall lie in Irons, in the prison, at the Owners Charge, untill they have such an Opportunity as shall best please them for transportation ; All which being duly perform'd, the Sen- tence of Death shall be intirely remitted.
The Secry. moving, that he may have the advantage of the Law agst. the present high Sherif of Philadia., for the Neglect of his Duty in Collecting the Proprs. Tax; 'Tis Ordered, (because the time is now quite spent,) that the Council meet on the 7th day next, ye 28th Instant, in the morning to Consider it, to which time the board adjourns.
At a Council held at Philadia., the 2d of April, 1708.
PRESENT :
The Honble. JOHN EVANS, Esqr., Lieut. Govr.
Edwd. Shippen,
Richard Hill,
Joseph Growdon, Esq'rs.
George Roche,
Thomas Story,
Willm. Trent,
Joseph Pidgeon, James Logan. 1 Esq'rs.
The Govr. laid before the Board, a Petition from the Mayor & Commonalty of the City Philadia., shewing that the Justices & Grand Jury of ye County of Philadia., at their last Sessions of the Peace, with four of the assessors, had laid a tax of one Penny per pound on the Inhabitants of both City and County, for the building of two County Bridges and a Court house; and though they had not Consulted the City Magistrates, had issued their Warrts. to the Constables, commanding them to return the names of the Inhabi- tants of the Respective Wards, which the Petitrs. represent as an Infraction of their Privileges, and pray that the Matter may be de- ferr'd untill an Act of Assembly be procured to Enable the City and County to proceed more regularly.
Upon which the minutes of the said Court were sent for and read ; the Law also Intituled an Act for raising County Levies, by virtue of which the said Assessmt. is laid was read, and some time being spent in Considering and Debating the whole matter ; it is Ordered
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that the Mayor have notice to attend this Board, on second day next, the 5th Instant, in the forenoon, to make appear the Infraction made by the said Assessmt. upon the Privileges of ye City.
A Petition from James Heaton was read, representing that he had been sued in an Action of Trover and Conversion, in the County of Bucks, by J. Growdon, yt he had procured a writt of Error, by which the cause is to be brought before the Provincial Judges, in the said County, the 14th of this Instant ; that in the meantime the said Jos. Growdon arrested him in Philadia. on the same account in an Action to which he must answer at the County Court in Philadia., on the 15th Instant, wch. two several Courts coming so near together layes the Petitr. under great hardships ; he also represents that his antagonist himself is Judge of the Provincial Court, and further that he has retained all the Lawyers in the County (that have leave to plead,) against him ; Whereupon he prays that the Govr. would be pleased to appoint an Impartial Judge to hear his cause, and would either assign him Counsel, or so ascertain the Provincial Court, that if he be at the Charge of procuring some from New York, he may not be disappointed.
Upon wch. Jos. Growdon himself being present, answer'd that his ยท action in Bucks, and that in this County, are different; that he never retained more than one Counsell, viz : John Moore, in this cause, but that he not being able to attend, procured another to act for him; by which means without any design of his, two became Concerned in it, that it being impracticable that a man should Judge in his own cause : that part of the Petition was altogether needless.
And the Petition being Particularly Considered, it appear that the Petitr. is not obliged himself to attend at Philadia. at the Court, on the 15th Instant, that being only designed for Entries, and not for tryal of Causes, and 'Tis Resolved that the Petitr. himself be left to procure his own Counsel, and that Jasper Yeats Esqr., the second Judge of the Province, be desired without fail to attend the Provin- cial Court, at Bucks, to prevent any Disappointmt. and then adjourned to 2d day, (Monday) morning next, the 5th Instant, at 9 in the morning.
At a Council held at Philadia., ye 5th of April, 1708.
PRESENT :
Y. Honble JOHN EVANS, Esqr., Lieut. Govr. Edwd. Shippen, Willm. Trent,
Jos. Growdon,
Thos. Story, Esq'rs. Josph Pidgeon, Esq'rs. Griffith Owen,
James Logan, L
The Mayor of the City Philadia., according to the Order at last Sitting, attended with the Recorder, who being informed by the Govr., of the reason why the Mayor was ordered to attend the Re- corder in behalf of the Corporation, argued in defence of their Peti- tion ; That notwithstanding the Act of Assembly for raising County Levies, by Virtue of which the County Justices had proceeded to tax
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the City; Yet seeing the Propr. had by his Charter, wch is a perpe- tual Commission appointed other Justices for the bounds of the City, whose business alone it is to act as Magistrates within the same ; those Justices who by ye Govrs. Commission act for the County ought properly to have no power within the City as Magistrates on any acct., but seeing there are no restrictive words in the Charter that positively exclude the County Justices from intermeddling in causes that arise within the City, which is a defect they are sensible of and hope shortly to have mended, they had agreed upon the former clashing of the Jurisdictions for a better accommodation of the Diffe- rences, that Each Court should leave the other to act by themselves; that the County Justices would not interfere with what directly con- cerned the Corporation ; altho' their Commission reached the City as well as the County, nor would the City Magistrates, notwithstanding their Charter made them Justices also in the County concern them- selves in their Courts ; but that if either had any affair in hand wch concerned the other, they would give notice that they might attend upon such affairs, only yt nothing might be done by Surprize to the others Disadvantage ; But that this business now on foot had really been carried so, without any previous notice given, wch is unfriendly, & a Breach of the Compact made between them ; Whereas, if accord- ing to agreement Notice had been given, all further trouble upon it might have been prevented.
That legally, the Justices of the County could by no means tax the town without the concurrence of their Magistrates and Grand Jury, and further, that the Town ought not to pay for the Building of Bridges in the County, seeing the County pays nothing to their building of free Wharfs, Bridges, &c. of which the Countrey now makes as much use as the City, and besides this, the Corporation not only maintains all their own poor without any charge to the County, but almost all the poor of the Province; most of them when dis- tressed in the Countrey, repairing to the Town for relief; But further, it appears by the Order of court, that notwithstanding a Court house is named, yet yt is not the principal Design, but the building of two Bridges on the Northern Road, by money raised on the City, which must pay eight tenths of the whole ; So that when money enough is raised for building of those which by the Odr. must be first done, there will be little or none left for the Court house, wch. alone will require much more than all this mentioned Tax will raise.
Two of the County Justices, viz : J. Growdon, & Jos. Pidgeon being present in Council, answered that for their parts they knew nothing of any such Compact or Agreemt. as the Mayor and Re- corder had mentioned, and that it must have been before they were in Commission if ever : That it was plain there was an absolute necessity for doing what they had done, for people now sometimes past in Danger of their Lives over those two mentioned Bridges, tho' upon one of the greatest and most principal Roads in the Province, that it is not only scandalous to both town and County, but even to the whole Govmt., that while every other County has their County
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house, Here, in the Capital town of the Govmt., the Magistrates are obliged to hold Courts in an ale house; That there is no other method in being to raise money but by that Act of Assembly, which was first made before the Proprs. Grant of the City Charter, & is, long since that Grant, again Confirmed and Enlarged, that if the Language of the Act is to be understood, it gives ym. full power, and warrants what they have done, for they had proceeded in an exact observance of all that is directed by it, but that if the City Magistrates are of Opinion that seeing they have a right as often as they see Cause to sitt in the County Court, they should have been consulted before the Court had proceeded in this matter, they can only answer that the Bench was as free for them as any others, they did not hinder them, they had done nothing in private, they had deliberated long upon it, & several of the Town were upon the Grand Jury who had it a considerable time before them, and might have acquainted the City Magistrates, if they had thought fitt, that what they had done was not through an Inclination to be active in things of this nature, but to discharge their Duty, wch. obliged them to it, that they doubted not of their power being very well satisfied in it, that they conceived it as much the business of the Town as of the County, to build that Bridge at the Towns' end, and that the other at francford, is a very Considerable thing, That they doubt not but the money Ord'd to be assessed if duly levied, will fully answer all the purposes proposed, &c.
Those of the Corporation replied that it would be convenient to have a better Court house for this Town and County, than the whole money would raise, and that if the Countrey would build their own bridges, as 'tis their Duty, the Town would of themselves be willing to build a Court house, provided they could be legally Impower'd to raise Money for it.
This proposal was embraced, and 'tis thereupon Concluded that both the Magistrates of the City and County should meet, & if they can come to an Agreemt. to lay such a Rate on the whole County, (including the City,) by virtue of the Act of Assembly, for raising County Levies, which fully impowers them, as may be sufficient, as well to build a Suitable Court house within the Town, at the Charge only of its Inhabitants, as all necessary Bridges in the County, Espe- cially those two already mention'd, at the charge of the Inhabitants of the County only without the City, laying an equal Assessmt. upon both, but appropriating all the money raised as aforesaid, then the County Magistrates shall delay the Levying of the late Assessmt. untill next Court, that this proposal may be put in practice ; But 'tis always to be provided that the Court house so to be built as aforesaid, shall be as free for all the Services of the County Magis- trates, their Courts, &c., as for those of the City.
And for the better promoting so useful a Design, 'tis Ord'd. that Saml. Carpenter & Wm. Trent, Members of this Board be present at the Conference of the said Magistrates, to be assistant therein in behalf of the Govmt.
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To John Evan, Esqr., Ltt. Govr., of ye Province of Pennsylva- nia, &c.
The humble Petition of ye Mayor & Commonalty of the City of Philadia., was read the 8th day of April, 1708. Sheweth :
That Whereas, we understand that the Justices of ye Peace & Grand Jury at their last Sessions of ye Peace, held for the County of Philadia., with ye assistance of four of the Assessors, consented that a Tax of one penny per pound should be raised and assessed on the Inhabitants of ye said City & County, for the building of two County Bridges & a Court House; and tho' they Consulted not with the City Magistrates therein, Yet presum'd to issue forth their War- rants to the Constables of the several Wards of the City, Command- ing them to return the Names of the Inhabitants of their Respective Wards to ye Assessors, in order to be assessed for the uses aforesaid ; Now for as much as ye Inhabitants of this City have born the bur- then of making and maintaining all bridges, Wharfs & Streets within ye town & are & have been, ready to be at the Charge of a Court House, if they were impowered by Law to raise Money for that pur- pose. Therefore, We think it unreasonable that they should be obliged to build bridges for ye Countrey, since the Countreymen are endeavouring to take away the Trade of the Town, & throw what Charge they can upon us.
May it please the Governour :
We have several objections against these Warrants & ye Method granting them, and the uncertainity of ye place where ye Court House therein mentioned is intended to be set up, besides ye Mistake of the County Justices in granting them, as well as their pretending to make such an assessment upon ya City, without ye consent of ye City Ma- gistrates ; Wch being so generally disliked by the Inhabitants, that we understand they are resolved, & so are we to take such Advan- tage as the Law will afford agst. ym., that shall Exercise those war- rants and further process of the County Justices thereon.
Now that the Inconveniences of Such a Dispute may be prevented, & the Common good may be promoted, without infringing the Rights & Priviledges of this City, and that ye performance of so good a Work may not want a Due Authority, we humbly propose that ye Govr. may encourage a Bill to be proposed for the Concurrence of the As- sembly, (who we understand are to sitt about six weeks hence,) whereby Special Provision may be made for a Court house here as had been in other County's, and that in the meantime the said assessment, so far as it Relates to the Inhabitants of this City may be stay'd.
his mark. his mark.
Nathan Stanbury,
Thos. B Bradford,
John I R& Readman, Thos. Masters,
Henry Badcoke, Nehemiah Allen, Samuel Holt,
John Budd,
David Lloyd,
Thos. Griffitz,
Griffith Jones,
Jno. Webb,
Willm. Carter,
Francis Cooke,
Joseph Yard
Edward Shippen,
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PROVINCIAL COUNCIL.
Joshua Carpenter, Thos. Paschall,
Anthony Morris, Joseph Wilcox, John Jones.
PHILADELPHIA, July ye 3d, 1708.
To the Lord Cornbury,
May it please your Excellency :
Some of us having very lately upon the Disasters that have be- fallen our Shipping by a Cruising Enemy on our Coasts, adventured " to address your Excellency for the Assistance of one of Her Majesty's Ships under your Direction, to Convoy out to Sea Divers of our Vessels now ready to sail. Our Continued Misfortunes lay us under a Duty, not only upon our own accounts, but that of the rest of Her Majesty's Trading Subjects in your Lordship's & the other adjacent Govmts., to inform your Excellency, that last Night arrived here from Egg harbour, by land, three Masters of Vessels, who have been lately taken on the same Coasts by another Privateer, named Castrau. The first is one Philips of Boston, taken in His way homeward from N. Carolina. The second is Moody of this River, who sailed from hence for Maderia about a month ago, & the third who carries by much the severest Loss to this place is Captain Young, in a ship from Lond., the only Vessel bound hither in the Virginia fleet, he was taken on Sunday last in sight of Land, and with the other two Masters, & about 14 more was sent on shoar on Tuesday in his own boat. But the Gentleman who Comes bearer of this being one of his Passengers, & of himself very desirous to undertake the Service, we thought it Convenient to encourage him in it, so that he may more particularly inform your Excellency of what may be known of the Enemy.
To whose Informations we beg leave to add, that Moody, who was 14 Days on board the Privateer, tells us that his Constant Cruise was between Egg Harbour & Sinnepuxent, about 7 or 8 Leagues to the Sothwd. of Cape Henlopen, that sometimes he lay directly between the Capes, but generally kept off at some distance from the Shoar, often steering towards ye South East, while Crapaut, who Did the former mischief, generally lay Close under it. He adds, that this same Privateer, as he understood on board, was off Sandy hook when Jones's ship, from Barbadoes, was taken ; but that another from Saint Domingo, one of their Consorts having ye start of him, prevented his gaining that Prize. That besides ye last mentioned from St. Domingo, there are 5 Privateers from Martinico on these Coasts, all which tho' uncertain in itself, because depending on the Information of their People, only we thought fitt, notwithstanding to hint, as related to us, that your Excy. and the Captns. of Her Ma- jesty's ships may have all the intelligence of their Motions & stations that Can be obtained. We humbly beg your Excellency to Excuse the freedom, that in our Lt. Govrs. Coll. Evans absence we have taken, we thought ourselves obliged to take. Believing ourselves
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obliged to omitt no oppty., as well of Contributing what lies in our Power to the Publick Service, as of Demonstrating our selves. May it please your Excellency, Yours,
Samll. ffinney,
Willm. Trent,
George Roche,
Joseph Pidgeon.
At a Council held at Philadelphia.
PRESENT :
The Honble JOHN EVANS, Esqr., Lieut. Govr.
Edward Shippen, Samuel Carpenter, Joseph Growdon, Esqr's.
Richard Hill,
Wm. Trent,
Geo. Roche,
James Logan,
Joseph Pidgeon. 1 Esqr's.
To the Honble John Evans, Esqr., Lt. Govr. of ye Province of Pennsylvia., &c., & to ye Council thereof now sitting.
The Petition of Thos. Story, Keeper of the Great Seal and Master of the Rolls, and James Logan, Secretary of the said Province & Clerk of the said Council.
Humbly Sheweth :
That the House of Representatives, chosen for the said Provinces on the first day of October, in the Year 1705, upon presenting to them our Accts. of Service done for the said Province, in our respec- tive offices, were pleased upon a Due Consideration of them to allow to the sd. Keeper and Master of the Rolls, the sum of forty pounds, & to the said Secretary & Clerk of ye Council the sum of one hundred, forty & four pounds, Six shillings for our said Respective Services ; whereupon the Speaker of the said Assembly, by Order of ye House, & pursuant to an Act passed by the Govr. of sd. House of Represen- tatives, Intituled an Act for raising a supply of two pence half penny per pound, & ten Shill. per head ; also for granting an Impost, & laying an Excise on Sundry Liquors, & Negroes imported into this Province, for the Support of Govmt. and Defraying the Necessary Publick Charges in the Administration thereof, did issue his orders to the Treasurer of the Province, requiring him to pay to your Petitrs. Respectively the aforesaid sums out of the Money's, to be raised by the afores'd Act. Upon which Grant Your Petitrs. did not at all Doubt, but the said Orders would have been honourably & duly answered, and that they should thereby receive the Recompence for their Labours that the said Assembly thought expressively due to them. But so it is, may it please the Govr. and Council, that upon application to ye Treasurer for payment of ye said Sums, we were given to understand that the Assembly next ensuing aforementioned had undertaken to direct him not to answer the said Orders of the Speaker, nor to pay us any part of the sums allowed and Due to us as aforesaid, untill such time as all other Debts ordered by the first mentioned Assembly to be paid, should be first fully satisfied &
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