USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 48
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To Cha. Gookin, Esqr., Ltt. Govr. of ye Province of Pennsylvia., &ct. & his honble. Council.
The Earnest Peticon of ffrancis Daniel Pastorius.
Humbly Sheweth :
That Whereas your Petitioner is not only a Co-partner of a Cer- tain Compa. called the Frankford Compa., but also had served the same ye space of Seventeen Years and Five Months, without ye least paymt from ye said Compa. of a reasonable sallary promised unto him out of ye Revenues of their Pennsylvanian Estate, and more- over hath Considerably disburs'd on their acct., &ct. one Jno. Henry Sprogel, thro' the Contrivance or Plotting of Daniel Fulkner, in ye last adjourned Court, held for the County of Philadia., the 13th of Janry., by means of a Fictio Juris, as they term it, (wherewith your Petitr. is altogether unacquainted,) hath gott a Writt of Ejectmt., wch it doth not effect your Petitioner, yet the said Sprogel would have Ejected him out of his own home, &ct .; Therefore your Petitr. humbly intreats the honble. Govr. & his Council to be pleased to take into your serious Consideration ; 1st, that the sd. Falkner, what he hath done in this Case, did so solely by himself, beyond his power, & contrary to the mind and will of his Joynt Attorney, Johannes Jawert; 2d. That Sprogel can't shew any Deed of Sale from your Petitioner's Co-partners in Germany, ye wch if ye French had taken, (as he sometimes will say,) might by him have been procured afresh, he afterwards lying still in Holld. several Months; 3d. That sup- pose he had brought the shares of those in Germany, there ye said Compa. or their Attornies here ought in honesty to make up their accots. with your Petitr., and satisfy what was Justly owing to him and others, pursuant to their Contract of Society ; 4thly. That the sd. Sprogel, having at once in the Last adjd. Court above mention'd, gott the said Writt of Ejectmt., so as to finish this his Contrivance in the County Court, to be held third day of the next month, be- tween wch and the former no Provincial Court doth Intervene, for a Writt of Error, &ct hath further fee'd or retain'd the four known Lawyers of this Province, in order to deprive as well your Petitr., as likewise Johannes Jawert, of all advice in Law, wch sufficiently ar- gues his cause to be none of ye best. And so finally your Petir., not- withstanding he was the first of all Germans that came into this Countrey since it is Province, yet being but poor and unable to fetch Lawyers from New York or remoter places, makes this his humble application to the honble. Gov. & his Council for any such effectual Relief as you in Justice and Equity shall think Expedient, both in restraining the said Sprogel's further proceedings, before he prove his Title, and also that your Petirs. Accts. & further rightful Demands may be settled & accomplished with ye Attornies of the Abovesaid Compa., according to the Way & Method by themselves agreed upon in their contract of Society, & your Petitr. shall thankfully acknow- ledge Your Justness towards him in this his helpless Condicon, and ever pray, as in duty bound.
.
FRANCIS DANIEL PASTORIUS.
431
PROVINCIAL COUNCIL.
To his Honour, Cha. Gookin, Esqr., Ltt. Govr. of ye Province of Pennsylvia. &c. & his Honble. Council.
The Petition of Johannes Jawert humbly Sheweth :
That Whereas your Petitr., by a Lettr. of Attorney, a Copy whereof is here enclosed, hath been Impowr'd together wth. Daniel Falkner, (& Johannes Kelpius, now deceas'd,) Jointly to administer a Certain Estate in this Province, consisting of 25000 acres of land, & belonging to some persons who live in Germany, as by the said Copy more fully doth appear ; And seeing of late one Jno. Henry Sprogel, upon his arrival from Holland, first told your Petitr. that he had bought ye said Estate of those persons residing in Germany, but afterwds. Denying it, again preferred to buy ye same of your Petitr., (who is a partner thereof,) and his Joynt Attorney, Danll. Falkner, and when your Petitr. could not accept of his terms, he of- fering a very inconsiderable summ, then he promised one hundd. pounds to your Petitr. Gratis, or to put up for himself ; But your Petitr. not willing to betray his trust, broke off ; & so before he was aware, & without ye least of his knowledge, the said Sprogel, under a Pretence of a Debt owing him by the said Falkner, under hand solely by the Connivance & Collusion of ye sd. Daniel Falkner, who nevertheless, was not Inabled to Act, without your Petitr. Ejected the said Germans out of ye sd. their Estate at the last County court, held ye 12th of Janry. not giving any notice thereof, to your Petitr., or any other person Concerned. And besides, he, ye said Sprogel & Falkner, to make this their abominable Plott to bear, did fee all the known attornies, or Lawyers of this Province, either to speak for ym, or to be silent in Court, in order to deprive your Petitr. of all advice in Law, even so much as to find none to signify this, your Petitr's. Complaint, or to draw a Peticon to your Honour & Council in due from your English method.
Therefore your Petitr. most Earnestly intreats your Honour, ye Govr. and Council to take ye Premises into your serious Considera- tions, & for ye preventing of ye scandal, which by ye above menconed treacherous Plott, between Sprogel & Falkner, will be caused to be cast upon ye Proprys. Governmt. & Courts of Justice of this Province, in several parts of Germany, where your Petitrs., Imployers & Co- partners do dwell. To put a timely stop to ye Wasting of Timber on ye aforesaid Estate, which ye said Sprogel hath already begun to make, and to lett or hinder both his receiving of the Rents or arrears of Rents, due to the said Persons in Germany; and more Especially the selling of the whole, or any Tract or parcel of the above sd. Estate, till your Petitrs. Imployers, & Copartners in Germany, may be acquainted with ye foul & unanswerable fact of Danl. Falkner, their untrusty Attorney, and Letters may be had from them Con- cerning this business, and your Petitr. not only for himself, but also in the behalf of those in Germany, shall ever acknowledge this, Your Justice & favor, and pray as in Duty bound.
JNO. JAWERT.
And the mentioned attempt being so heinous, that it was scarce accounted Credible, they were Called in and examined upon ye Cir-
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cumstances of the case, by whch. it appear'd that David Lloyd was principal agent & Contriver of the whole, and it was affirmed that he had for his pay a thousand acres of Benjamin Furley's land, which he, the said Benjamin, was so weak as to intrust Sprogel with the Disposal of.
Ordd. hereupon, that notice be given by all ye Conveyances that may be to the francfort Society of Purchasers, yt they forthwth. send full powers to reverse ye Judgmt. according to Law.
At a Council held at Philadia., the 9th of March, 1708-9.
PRESENT :
Ye Honble. CHA. GOOKIN, Esqr., Ltt. Govr.
Samel. Carpenter,
Richd. Hill,
Judge Growdon,
Isaac Norris,
James Logan, Esq'rs.
Willm. Trent,
Samll. Preston, Antny. Palmer.
Esq'rs.
The Govr. acquainted the Board that He had last Monday night, the 7th Instt., between five & six a'Clock, a Conversation with Griff. Jones, & three more of ye Assembly that came to his Chamber, of which He had Communicated the Substances to writing, & it was to this purpose, He was come to acquaint ye Govr. that the Assembly was mett according to a late adjournmt., that He, (the Govr., ) told them in other her Majesty's Provinces the Govrs. called on the Assemblys, & asked them whether in this Province it were the custom for ye Govr. to call the Assembly, or ye Assembly the Govr. ; One of them answered, neither, for they were not summoned by Writt, as the House of Commons in England, but their Charter gave ym. power to meet & adjourn.
The Govr. asked them whether they had Power to meet & adjourn, where & when they pleased; They answered they had, and according to that Power they had mett, & were Come to acquaint ye Govr. with it, & to know if he had any thing to offer to them. The Govr. told him as he was a Stranger to the Constitution of the Province, He had nothing then to say to their Charter, but that he had some- things to propose to ym., for Her Majesty's service, & their Interest, and that He had no Instructions from ye Propry., but what was for ye General Good of the People, and assured them that He had in himself all Imaginable Inclinations to serve them to the best of his ability, and as he had no Design but what would answer the charac- ter of an honest man, so he did not Doubt but Every thing yt could be called fair might be expected from ym. They answered there was no fear, but they should agree with ye Govr., and Desired to know if he had any thing to propose to them. He answered He had, but was yet unacquainted with the Methods of the Province, that He must take some time to Consider so Weighty an affair, and when he was ready He would let them know it. One of ym. asked if he could be ready in 2 or 3 Days ; He told them ye business required more time, and that he should Call on them in a Regular and Legal manner.
433
PROVINCIAL COUNCIL.
After this Conversation, the Govr. said He had receiv'd from the House this day the following address, which he laid before the board to be considered.
The Address of ye Representatives of the freemen of ye Province of Pennsylvania, in Assembly Mett, ye Ninth day of ye month called March, 1708-9; Presented to Charles Gookin, Esqr., By the Queen's Royal approbation, Lieutenant Governr. of the said Province, &c. May it please the Governour.
Having this oppty., we could do no Less than Congratulate thy seasonable accession to this Govmt., and Render our most Grateful Acknowledgements to the Queen for her Gracious Acceptance of the Proprys. Nominacon of thee to supply his absence, and to him for Constituting a person of so fair a Character, furnished (as we hope) with a full Resolucon, as well as Power to Redress the aggrievances and Remove the oppressions that this Poor Province has, for some time Labour'd under, Occasioned by the Irregular Administration of ye late Deputy Govr., who was too much Influenced by Evil Coun- sel, To whom ye Miseries & Confusion of the State & Divisions in this Govmt., are principally owing.
We are here ready to represent such of those Publick Grievances as are laid before us, or Occur to our knowledge in particular Arti- cles, & bring ym. to a proper Examination. But perceiving by thy Message to this House Yesterday, That thou art not Ready, at this time, to proceed with us to business ; We shall take leave only to Mencon, some of those things Which the Public Weal of this Coun- trey loudly Calls for a most Earnest Applicaon and Speedy Redress.
In the first place we are to lay before thee, That of the false alarm in May, 1706, Wherein the late Govr. was Chief Actor. And for which He is Highly Chargeable, having Shott at the Queen's Sub- jects, putting many of ye Inhabitants of this Town in Danger of their Lives, And fforced great Quantities of Powder & lead from ye owners, and gave it to such as wasted it, When he knew there was no Occa- sion to use it, Whereby he Deprived the place of what ammunition might be ready for those that had freedom, to make use of it for their Defence in case of an attack.
The next is that Notorious Act of Hostility he Comitted by firing Shott at the Queen's subjects passing by New Castle, in this River, upon their Lawfull Trade to and from this Port.
We mencon these as they are in our opinion offences of a Deep Dye, and Committed agst. the Queen's Crown & Dignity, As well as agst. the Peace, &c., and ought to be charged upon him before he Departs this Province. But the method of ye Prosecucon against him we submit to thy Prudent Care and Direction, and we shall be Ready to do what is proper in our parts.
That the Treasurer of the last Tax has refused to Comply wth. the Direction of the Assembly, in paying the Publick Debts according to the Respective Ordrs. Drawn upon him and signed by the Speaker ; And that the Collectors of the said Tax, who neglected their Duties in Gathering ye same, have not been obliged thereunto according as
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the act of Assembly in that case directs, And more particularly the Collector for the City & County of Philadelphia.
That the Courts of Judicature of this Province have been and are Erected by Ordinances of the Govr. and Council, against the advice and without the assent of the Assembly, wch we Complain of as a great oppression & aggrievances to the People we Represent, & De- sire the same may be speedily Redressed, & the Bill prepared for Establishing Courts, With other useful Bills Ready to be Presented to ye Govr., may be considered.
We are given to understand that thou brought some Commands from the Queen to this Govrmt., as well as Instructions from the Propry. Relating to ye Publick, Which with a Copy of thy Commis- sion and ye Royal approbation, Wee Desire may be communicated to this House at our next Meeting, which we intend on the Twen- tieth Day of the next month, And shall adjourn accordingly, unless it be thy Pleasure to Call us Sooner, which we shall be Ready to Comply with, not only in Expectacon of a speedy Redress of our aggrievances, But to settle by Law how Money shall be paid upon Contracts made & to be made before the new Currency of Money takes effect.
Signed by Order of the House, N. C. D. Per DAV'D LLOYD, Speaker.
To which ye Govr. made ye following ansr.
GENTLEMEN :
I am much a stranger to these affairs, & hope it will not be taken amiss if I take some time to Consider of 'em. I am unwill'g to look back to matters transacted before my time, but shall be ready to do all that I can for the Good of the Publick, for that was my end in coming here.
They made no answer.
At a Council held at Philadia., the 16th of March, 1708-9.
PRESENT :
The Honble CHA. GOOKIN, Esqr., Ltt. Govr.
Edward Shippen, Samll. Carpenter,
William Trent,
Richard Hill,
Judge Growdon,
Esq'rs.
Isaac Norris,
Esq'rs.
Caleb Pusey,
Samll. Preston,
James Logan,
Antny. Palmer,
Thos. Fairman presented to the Board a Petition Complaining against one Jno. Morris, of the County of Bucks, about the payment for a Parcel of Land, wch the Petitr. sold him, and was put to arbi- tration, under ye forfeiture of very large Bonds ; but the Arbitrators Delaying to Give Judgemt. till the last night of the term, He ac- knowledges he failed to Comply with them, alledging there were palpable Errors in the settlemt. of the acct., but as the affair appears perplex'd & this Council being no Court of Equity, He is referred over to the Law.
435
PROVINCIAL COUNCIL.
The Govr. and Council taking into Consideration ye Great Incon- veniencies that Debtors in this Province may fall under after the New Regulacon of Money, by Virtue of the Queen's proclamation & ye act of Parliament, Confirming ye same takes place, Unless some due Provision be made by Law to Direct how Debts contracted before ye first of May next, shall after that time be discharged. 'Tis Ordered, that the Council who have the best opportunities of being acquainted with affairs relating to trade & ye Money of this Province do meet upon such Days and at such Places as they shall think fitt to appoint, to Consder of all things necessary to be agreed on and inserted into a Bill, to be past with the Assembly, (who are now Speedily to sitt,) into a Law, for ye purpose aforesaid, and that they take to their Assistance all such other persons of understanding in the place as they may think capable to Advice therein, & that they lay before this board the Result of their proceedings thereupon, on the fifth day of April next, to which time the Board adjourned.
JAMES LOGAN, Secry. & Cl. Cocij.
At a Council held at Philadia., the 12th of April, 1709.
PRESENT :
The Honble. CHA. GOOKIN, Esqr., Lieut. Govr.
Edward Shippen,
Jasper Yeats,
Joseph Growdon,
Caleb Pusey, 1
Saml. Carpenter, Esq'rs. George Roche,
James Logan,
Esq'rs. William Trent,
Antho. Palmer, Saml. Preston,
This being the Day appointed for the Assembly to meet, The Govr. laid before the board a Speech, drawn up in Writing, wch he thought would be convenient for him to make to the Assembly, and desired their opinion of it.
The said Speech was read and considered by Paragraphs ; & some additions being made to it, was approved of.
Two members from the Assembly acquainted the Govr. that the House was mett and desired to know if they might expect any thing from him this night.
They were answer'd that at ten in the morning the Govr. would send to them.
All the members of Council present remonstrated to the Govr. that in the Assembly's last address, dated the 9th of March last, they had Complain'd of Divers grievances and oppressions, & of Miseries & Confusions in the Govmt., which they said were principally owing to the evil Council with wch the late Lt. Govr. was influenc'd, wch words (evil Council) the members said was generally understood to intend the Late Govrs. Council, most of which were now at this Board ; That this was a heinous reflection, which they bad not in the least deserved, & therefore desired that he would take notice of it to the House, in his speech to them.
Coll. Evans, late Lt. Govr., this day deliver'd an address, directed to the Govr. & Council, wch was read in these words.
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To the Honble. ye Lieutt. Govr. and Council of the Province of Pennsylvania, &c.
The reasons of my Giving the Govr. & Council board this Trouble being known, I hope I shall need make no other Excuse for it, which are the heavy charges the Assembly in their Address to the Govr. bearing Date the 9th of last month, have thought fitt to lay upon me, wherein by the first Paragraph of that Address the House have N. C. D. asserted that the aggrievances & oppressions this Poor province has for some Time Labour'd under, have been occasion'd by the irregular Administration of the Late Deputy Governour, In- fluenced by evil Council, to whom the Misseries and Confusions of the State and Divisions in the Govmt. are Principally owing.
Charges of such a Nature, & dress'd up in Terms so suitable will Certainly make an appearance frightfull enough ; But I have been too Well and too Long acquainted wth the names and honesty of the men who are the Contrivers and Promoters of the Charges, to have given the board or my self a Trouble of this Nature about 'em, Who may Justly Expect a very different Treatment & answer from a Patience abused & provoked to the last ; had they not as usually imposed upon honest, Well meaning men to Joyn with them, which has so Alter'd the face of the thing, that the Implacable & base malice of three or four men is covered under a mistake of a Repre- sentative body of the whole Province; Therefore I begg on the Govrs. part that he would be pleased to do me the justice to Enquire as he shall see occasion, into the grounds of so much clamour of such worthy members of Council, whom he found at the board at his arrival, who served the country in that station During & under my administration, whom he will certainly find the Reverse of what that Clause in the address Stiles, vizt : evil Council.
And of those Gentlemen of the Council, I had the good fortune to be advised by, & whose advice in matters of Govmt. has been strictly adhered to, and whose good service to the Country on all occasions Demand a vastly different Return than they have mett with, I have all the reason in the world to hope from the Experience I have had of their Candour, that upon a serious Reflection of the late adminis- tration, they will do me honour & Justice when & where they shall judge it proper to vindicate it from such mean & Dirty assertions ; And I do not doubt but that those Gentlemen who have given suffi- cient proofs of their Courage & Constancy in opposing wth me the many Rude and Notorious attempts that have been Continually made upon the Govmt. by such factious and Turbulent men, will exert themselves so far as they justly may to shew the unreasonableness of such Imputations.
Their particular Charges I should be glad of an opportunity of ac- counting for, before those who have a Right to require it ; But for that I must wait till I arrive in great Brittain, which is the reason I say nothing of them here.
I am, with all Due Regards, may it pleas yor Honour & Council, Yor Very Humble Servt.
JNO. EVANS.
437
PROVINCIAL COUNCIL.
This Address being considered, the present members of the said late Govrs. Council declared that two of the Articles with which he was Charged in the House's Address, did not in any wise concern them, but that to the other two they had advised, as would at large appear by former Minutes of Council to which they referred, and should always be ready to justify their Proceedings therein. And thereupon the said members insisted on it that they should crave satisfaction for the abuses put upon ym. by the Assembly, and accordingly Resolved to make an application to the Govr. for that purpose. They also unanimously Concurred in representing to the Govr. that they knew no part of the late Lt. Govrs. administracon, which was debated & Resolved in Council, but was regular and Jus- tifiable, and particularly all transactions with the past Assemblys, in wch the Opinion of the Board to the best of their knowledge and Remembrance, had generally been followed, and 'tis appointed that the Assembly attend at ten in the morning, to which time the board adjourns.
At a Council held at Philadia, 13th of April, 1709.
PRESENT :
The Honble. CHA. GOOKIN, Esqr., Lieut. Govr.
Edward Shippen, ?
Joseph Growdon,
Richd. Hill, George Roche, 1
Saml. Carpenter, Esq'rs.
Isaac Norris,
Esq'rs.
Caleb Pusey,
Saml. Preston.
James Logan,
Antho Palmer, L
Wm. Trent,
The Council being sate, a Message was sent to the House of Re- presentatives, to require their attendance immediately, who accord- ingly presented themselves, & the Govr. Spoke to them in these words.
GENTLEMEN :
It would have proved a much greater Satisfaction to me if at this my first time of Speaking to you, I had nothing to take notice of but what I myself might have to lay before you ; but your address pre- sented to me in March last, when you sent me Notice that you were Sitting, will, before we proceed to any other business, Require some Answer, In which I will be plain & as short as the matter will bear.
I thank you, gentlemen, in the first place for your Congratula- tions, and do assure you I come with full Resolutions on my part to Employ the Power with which the Proprietary has thought fitt to honour me, and her Majesty has been graciously pleased to approve of, to Render the People of this Govmt. as happy and Easy as is pos- sible for me, in all things that shall concern their True Interest, and be to their Real advantage. I have Enquired what might be meant by those aggrievances, oppressions and Confusions which you Com- plain of, and whatsoever I shall find that deserves those names shall meet with my ready Concurrence to remove them as far as they shall
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appear ; but must say that I believe one effectual method to free all people from the apprehension of Grievances, will be to lay all former animosities and Jealousies aside, and for the future apply themselves to such business as they are concerned in for ye Publick, with a free- dom & openess of Temper, and an unbyassed Inclination to promote the Common Good, without any other particular views, if we could be so fortunate as to take Example from her Majesty's Glorious ad- ministracon of her Dominions at home, and that of her Parliamt., we should not fail of being Extream happy.
As to those two past actions of my immediate predecessor, of which you Complain, I can only inform you that they were both well known in Brittain before I left it, and that I had no directions to make an Inquiry into them, and that upon the best advice I can re- ceive here, I find they will not properly fall under my Cognizance in the station I am placed in, and therefore cannot think it fitt to Con- cern myself with them. But I am obliged to observe to you that the Council of the Province now with me think themselves very un- justly treated by the mention you have made of them, if they (as 'is Generally understood,) be intended by the Evil Counsel, of which you have taken notice, and therefore will take the Liberty to vindi- cate themselves, as you will see by their application to me, to wch I referr you. The Charge agst. the Treasurer, I find, is occasioned by his and the Councill's understanding the act of Assembly, by which ye money that Comes into his hands has been granted, somewhat differently from what the present and late Houses of Representatives have done ; he pleads ye Law as his best direction, & you cannot but agree that 'tis fitt that this alone (I mean ye Law) ought to Deter- mine the matter. As far as I have hitherto been Capable, I have pressed the Collection of the Taxes, and shall continue the best of my Care untill they be finished.
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