USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 50
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The Assembly having in the morning desired, that one small amendment might be made to the Clause sent to them by order of the board this morning, wch was agreed to, waited on the Govr. & presented the Bill engrossed, the Govr. told them,
That tho' he could not say he was intirely satisfyed with the Bill as now drawn, yet he believed the necessities of the Countrey did so absolutely require the passing of it that he should agree to it; he wished that the ministry in England might believe it as reasonable as we Judge it necessary, but was of opinion it would require a good advocate there, wch he desired them to Consider; He hoped it would be a means to prevent many Contentions in the Countrey, which otherwise might arise when once it received the sanction it was to receive from him, wch now accordingly he would give it : & then passed it into a Law.
The Speaker told the Govr. that the Constitution required it should be passed under the great seal, which the Govr. ordered the Secry. immediately to cause to be affixed to it, and then the Govr. and Council Resolved to walk up to the market place to see the British act of Parliament, to which this has relation, as also this act Pub- lished together; And accordingly, they were this Evening Published.
At a Council held at Philadia. ye 10th of May, 1709.
PRESENT :
EDWARD SHIPPEN, Presidt.
Joseph Growdon,
Richd. Hill,
James Logan, Esq'rs. Isaac Norris,
Esq'rs.
William Trent,
Saml. Preston.
Just now a Letter being brought to Town by Express to the Secry.
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from Capt. ffrench, Sheriff of Newcastle, giving an acct. That a french Privateer had, on the 7th Instant, landed about 60 men at the Whoorkills & miserably Plundered it ; Advise of which was brought last night by Hen. Brooke, Esqr., Coll. of the said place to the said Sherif, who immediately Dispatched away this Letter upon it.
Tis Ordered, that an Express be forthwith dispatched after the Govr., who yesterday sett out for New York, to give him an acct. of it, Requesting his return as soon as Conveniently may be, and that he may Endeavour to obtain one of the Queen's Ships attending that Governmt., to cruise our Capes to Clear them of the said Priva- teer, and the Secry. is ordered to write the said Letter.
The 12th May.
Ordered, by some members of the Council, upon a second Letter from Capt. ffrench, giving an acct. that he had mistook ye strength of the Privateer in his former letter ; that she was no Sloop, but a ship, as he was now informed, of 160 men. That the said Letter be despatched by a second Express to the Govr., that the Govmt of N. York, being acquainted with her force, may not through the former misinformation, hazard any of the Queen's smaller ships of an un- equal force, but send what may be sufficient to repell them.
At a Council held at Philadia., the 14th of May, 1709.
PRESENT :
EDWARD SHIPPEN, Presidt.
Joseph Growdon,
Richard Hill, € Esq'rs.
James Logan, Esq'rs. Isaac Norris,
William. Trent.
Saml. Preston.
The Council having reced. no acct. of the late Decent of the french upon the ye Whoorkills, but by Capt. ffrench's Letters from Newcastle, thought fitt now to meet to consider whether it would not be advisable to dispatch a messenger down thither, with a Letter directed to the Magistrates, Desiring a particular acct. of the action & their sufferings. As also to desire acct. of them from time to time, of what they observe at sea, remarkable, the messengers of wch should be duly paid here, which was Resolved.
And ordered, that Robert Bonnil, who has been prevailed with to undertake the journey, should be immediately dispatched with a let- ter, to be drawn & signed for ye aforesaid purpose by the Secry., which letter was accordingly drawn, read to the board & approved of, & was immediately sent away.
Ord'd. that the Secry. should in the name of this board return their thanks to Capt. Jno. ffrench, High Sheriff of the County of N. Castle, for the care he had taken in sending accts. by Express of the late Calamity that befell the Whoorkill, & to desire him for the time to come to continue the same Care.
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At a Council held at Philadia., the 28th of May, 1709.
PRESENT :
Ye Honble. CHA. GOOKIN, Esqr., Lt. Governour.
Edward Shippen, Joseph Growdon,
William Trent, Richd. Hill,
Saml. Carpenter,
Esq'rs.
Saml. Preston, Antny. Palmer,
Esq'rs.
James Logan,
Jasper Yeates,
The Govr. being yesterday returned from New York, informed the Board that the Intended Expedition against Canada, (of which they Doubtless had long before this time heard,) with the measures to be concerted by the several Govrs. who mett on that occasion at N. York in order to carry it on, had thus long detained him from returning hither. That now upon his return he had immediately called them to lay before them what he had reced. relating to that Expedition, & then communicated her Majesties Letter in these words, all wrote in the Secry. of States own hand.
ANNE R.
Trusty and well beloved, we Greet you well. Whereas, we are fitting out an Expedition with great Expence, for the security of our subjects under your Govmt., from the neighbourhood of the french at Canada, which hath been very troublesome to them of late years, according to Certain proposals laid before us by our trusty and well beloved Colonel Vetch, and pursuant to many applications that have been made to us by our subjects, who have suffered very much from the french in that neighbourhood. We do strictly require & command You to be assisting to this our Expedition, after the manner that the said Coll. Vetch shall propose to you in Our name, and that you look upon those parts of his Instructions which relate to you and the Governmt. under your care, and which we have Ordered him to Communicate to you in the same manner as if they were our positive Commands, directed to yourself, & that you pay the same obedience them. And so We bid you farewell. Given at our Court at St. James, the second day of March, 1708 -- 9, in the seventh year of our Reign.
By her Majesty's Command, SUNDERLAND.
Directed,
To our trusty & well beloved, the Governr., Lieut. Govr. or Com- mander in Chief, for the time being of our Province of Pennsylvania, in America. Under the privy seal flying.
The Govr. also laid before the board a Copy of her Majesty's In- structions to Coll. Vetch, dated the 28th of ffebry., signed by the Queen, attested under the said Colls. own hand, by wch Instructions this Province is required to raise one hundred and fifty men, to be joyned to 800 from N. York, including the four regular Companies, 350 from Connetticutt, & 200 from Jersey, making in the whole 1500 men, to be divided into four Battalions, each Battalion to have one of the four Regular Companies mixed or Incorporated in it, to be
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Commanded by the Capt., (as Coll.,) whose Company is so Incorpo- rated in it, & under him by the respective officers. That the Quota of N. York Govmt. be ready at Albany, by the middle of May, that all the troops be furnished with arms from the magazine at N. York, that three months Provisions be gott ready, to be transported and Lodged at Wood Creek or elsewhere; for the security of which he shall in Conjunction with the Govmt. of Connecticut & Pennsylvania, cause to be built a large Wooden Store House, as also six or more large boats, that will carry 60 men each, for the transportation of their heavier stores by water, & also contract with the five nations to make with all speed as many Canoes as will be wanted for this Ex- pedition.
That ye said Govr. of New York shall engage the 5 Nations, and River Indians to joyn with all their fighting men, and promise them a good Reward, and all fitting encouragement to all gentlemen and others, who shall offer themselves to go as Volunteers in this service.
That ye Govr. of Connetticutt, & ye Govr. of Pennsylvania, to whom Coll. Vetch is ordr'd. to deliver Her Majesties' Letters, shall have their Quotas ready by the middle of May at farthest ; and that the Govr. of New York is ordered to assist them, with what arms & ammunition they shall want; That the Govrs. of New England & Rhoad Island be strictly commanded to raise at least 1200 of their best men, and give all fitting encouragement to others who shall go Volunteers, and to have in readiness a sufficient number of Trans- ports, with 3 months Provisions, to be ready by the midde of May, upon the arrival of the fleet from England, & that for their greater encouragement, arms & ammunition are now sent.
That Coll. Vetch, with the Concurrence of the Govr. of N. England, shall contract with ship Carpenters, for building ten or more flatt bottom'd boats, to carry 60 men each, for landing of Troops, & with proper persons to furnish 8 months' provisions, to be left at Quebec & Montreal, in case the forces have success.
And to Engage the several Govmts., to act with the utmost spirit and vigour, they are assured in her Majesty's name, that such of the Govmts. as shall Contribute to the Reduction of Canada, shall have a preference both with regard to the soil and trade of the Countrey, when reduced to any other of her Majesty's subjects ; And that Her Majesty shall not be wanting to give the Royal sanction to any rea- sonable Proposals to be made by them, for securing to their respec- tive Colonies ye said Benefit.
That Coll. Nicholson, who has offered himself a Volunteer in this Expedition, be admitted into the private consultations, & if any fur- ther preparation be necessary, not mentioned in these Instructions, that Coll. Vetch, with the Concurrence of the respective Govrs., & Coll. Nicholson make any such preparation, provided it be found by them to be absolutely necessary; Which Instructions were under- signed A. R., & by the Lord Sunderland as Secry. of State.
The Govr. also laid before the board divers other Papers which he had brought from New York, relating to this affair, Particularly a
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printed Proclamation issued by Coll. Vetch & Coll. Nicholson, for encouraging men to list in the service, also acct. of what they had already done at Boston & N. York ; an acct. of Canada, by Montour, a french Indian Refugee, & some others. Upon all which ye Govr. desired the board to Consider what methods might be most effectual to put those her Majesties' Commands in Execution, it being a mat- ter of greater Difficulty in this Province, than in most others con- cerned in it; Yet of such absolute necessity, that no measures must be left unessayed, that may in any wise Conduce to the end to which the Board unanimously agreed ; But because nothing could possibly be done in it without the Concurrence of the Assembly, who by their last adjournment are to meet on the first of next mo., the considera- tion of the whole is referr'd to that time, Only at present it is thought fitt to order, & accordingly.
'Tis Ordered that a general Embargo be laid upon all ships & Vessels in the ports of this Govmt., and therefore, that the Collrs. of her Majesty's Customs, Naval & other officers in the several Ports, shall not in their respective Offices clear any vessel outward bound to sea, till such time as further orders shall be given by this Board herein.
Ordered, that the Mayor of the city Philadia. forthwith Solemnly Publish the printed Proclamation, issued by Coll. ffra. Nicholson & Coll. Saml. Vetch, & Countersigned by the Lt. Govr. of this Province, in the most Public place of the City according to the usual form, and that the same be also published in the other Counties of this Govmt.
The Govr. laid before the board a Letter which he had reced. from Newcastle, signed by the Sherif, & the principal of the Inhabi- tants, addressing the Govr. to represent to the Gentlemen of Philadia. the necessity & advantage of defending New Castle for ye security of this place ; & therefore requesting him to procure them, to furnish them below, with such stores of ammunition as may either prove requisite for the Defence of the place, or putt the People in a Capacity of giving the Enemy such Diversion as may prove Beneficial, both to those above and below, requesting also that the Govr. would forth- with issue all necessary military Commissions.
Resolved, that this Letter may be also referred to the Assembly when they meet.
At a Council held at Philadia., the 2d day of June, 1709.
PRESENT :
Ye Honble CHARLES GOOKIN, Esqr., Lieut. Govr.
Edward Shippen, William Trent,
Joseph Growdon, Richard Hill,
Samuel Carpenter, Esqr's. George Roche, Samuel ffinney, Isaac Norris, Antny. Palmer. J
Esqr's. James Logan,
The Secry. was sent to the House of Representatives, who mett not before this day, to require their attendance immediately, & being come, the Govr. spoke to them as follows.
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GENTLEMEN :
The Queen, for the good of her subjects of these Northern Pro- vinces, has fitted out an Expedition with great Expence for the Retaking Newfoundland, and for the Conquest of Canada, and has intrusted Coll. Vetch with her Majesty's Letters & Instructions to the Respective Govrnrs. to agree on proper measures for the putting her Majesty's Designs in Execution, Boston, Rhode Island and Conetticut have outdone Her Majesty's Expectation, & I hope you will not be wanting in your Duty.
The Quota for this Province is 150 men besides officers, who must be Victualled & paid as others are; the Charge, I believe, will amount to about £4000, perhaps it may seem Difficult to Raise such a number of men in a Countrey where most of the Inhabitants are of such principles as will not allow them the use of arms ; but if you will raise the sum for the support of Govmt. I don't doubt getting the number of men Desired, whose principles allow the use of ym., and Commandrs. may be appointed so to manage this affair that the Countrey may be satisfied, their money is not applied to any other End than this Expedicon. I must Desire you also to Consider the present Circumstances of the three Lower Counties; You are not now falsely allarmed ; I find them Ready & Willing to Defend the Countrey, for they look on themselves as a frontier to you tho' a weak one, and if they perish your Destruction in all probability will not be far of; Therefore, in my opinion, it is your Interest they be furnished with all things necessary to oppose the Enemy.
I have only to add, that as all private affairs ought to be post- poned to her Majesty's immediate service, So it will not Consist with my Duty to hearken to any proposals, or Enter on any business with you till her Majesty's Commands are Complied with, and therefore I desire you will give this affair all possible Dispatch.
At a Council held at Philadia, ye 6th of June, 1709.
PRESENT :
The Honble. CHARLES GOOKIN, Esqr., Lt. Govr.
Edwd. Shippen, James Logan,
Jos. Growdon,
Saml. Carpenter, Esq'rs. Richd. Hill,
Isaac Norris,
Esq'rs. Caleb Pusey,
Samuel Preston.
The Govr. having on the 7th of May last rec'd. divers papers from Assembly, which (because of his Journey to N. York undertaken immediately after, and the Queen's Letter, with orders for the Expe- dition to Canada, which arrived since that time,) had never yet been read at the Board; he ordered them to be now read, wch was done accordingly.
The Assemblies address to the Govr., in answer to ye Councils Fap- plication to him, mentioned in his late Speech to this House
Presented to the Govr., ye 7th day of May, 1709.
May it please the Govnr. :
The matter of Charge mentioned in our address of the ninth of
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last month, which some with so much art, have Endeavour'd to Draw upon the Council in general, Contrary to the Import of our words, being by our answer of the 15th of last month placed as at first In- tended ; there is nothing Remains but to shew how those members of Council have been Imposed upon, who have been prevailed with to Joyn in that misrepresentation, wherein they are made to suppose that we, in a general accusation, involved them in all things that had been irregularly Committed, (or that any person can think so to have been.)
We have already showed them how far we extended that which is called a General accusation, so that we hope the Council are satisfied that we never Intended to Involve them in all the Irregularities of the late Deputy Governours administration, or in all things that any person can think to have been Irregularly Committed by him, as is falsely Insinuated, for we really think that many of the Irregulari- ties which he fell into, not only during the time he seemed to be under the Secry's strictest Directions, but after he shook of that Yoak and acted more like a free agent, are in no wise Chargeable Either upon the Council in General, or upon the Secretary in particu- lar. 'Tis readily acknowledged, the circumstances of the members of Council are such as should leave no Suspition of their care to have prevented or Diverted the miseries and Confusion, which were brought upon the Govmt. under the late administracon, but rather engage them to bring the authors & causes thereof to Justice, and Earnestly seek redress of the publick Grievances of the Province, some of which have been Complained of by several of them as well as us. Therefore it is the more unaccountable how they could be prevailed on to declare to the Governour, that they have nothing to say to those two Particulars mentioned in our address, viz : one about the late Governours shooting at the Queen's peaceable subjects in the time of the false alarm, & wasting the ammunition that then was in town, and the other about his hostility against the Queen's subjects passing by N. Castle. We do not think that the Council advised those things, but we are Credibly informed, that the Secry. was so far privy to the allarm that he might have prevented much of the Terror & Damage which Ensued thereon, had he Discovered what he knew of that Intreague to the magistrates of the Town, & Assisted them to putt a stop thereunto, as the Duty of his office and station in this Govmt. Required. As to the first of those two, particulars wherein the Council acknowledge themselves concerned, viz : in ad- vising the Treasurer to take his Directions from the Law alone, we never accounted it a grievance, but Complained because he Refused to Comply with the Directions and Orders of the Assembly, warranted by the Law that made him Treasurer, & Directs him to pay the Publick Debts allowed by vote of the House of Representatives, upon warrants under the Speakers hand, so that the Council being in this Case but as a sett of private men, had no room by that Law to obtrude their advice, Much less to Encourage the Treasurer to Disregard the Legislative authority Lodged in the Assembly, & Treat
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the Orders of their Representatives with so much Undecency as they are made to do. Nor are they to be Justifyed in that they have opposed the late Assembly in those points, whereupon the then Gover- nour seemed to Ground his Refusal to pass the Bill of Courts, and at the same time assented to his Ordinance, framed for the most part in the language of that bill, Omitting only what should have shewed it to be a transcript of a Regular Establishment, and Leaving room Enough, thro' the absurdities of their piece meal Draught to cast an odium upon the Bill, & involve the Assembly in all the Ill conse- quences of the Ordinance.
May it please the Govr., we find that the late Assembly, wth very much care and application prepared the Bill of Courts, & Complyed with the then Govr. in all his proposals of amendments, save only some few which have a tendency to leave the people open to those oppressions & abuses which were Complained of, and would have been Remedied by the Bill, so that the want of Publick Justice, wch the Council Call the greatest of all grievances possible has Lain at the late Govrs. Door, and we think his Council were Exceedingly to blame, if they thought as they now say, he was unquestionably vested with power to open the Courts again ; that they had not prevailed with him so to Do, rather than Leave the Countrey so long to Lan- guish, thro' the want of Restoring the Courts of Justice ; We are heartily sorry, that the Council were prevailed upon so far to Gratify the Enemy of the Publick weal of the Province as to patronize that address, which Discovered such an apparent Design, as well to pos- sess the Govr. with an ill opinion of the Assembly as to Create more Divisions and animosities in the Govmt., and Engage the Council and their Representatives in an unhappy Controversy, whilst they should apply their Endeavours to Redress the Grievances of the People.
We could, may it please the Governr., make further animadver- sions on that address, as it seems an Indignity offered to this as well as the late Assemblies ; but having a due Regard to the Publick business before us, which we prefer to all other Considerations, shall Content ourselves witn the short hints we have Expressed for ye Clearing our own and Predecessors honest and Cordial Intentions from the abuses and Calumnies Endeavoured to be Cast upon us, and shall no further trouble the Govr. on this acct. unless new business be given.
Signed by ordr. of the House, N. C. D. DAVID LLOYD, Speaker.
To Charles Gookin, Esqr., Lieut. Govr. of the Province of Penn- sylvania ; the Remonstrance of the Representatives of the freemen, &c., of ye sd. Province, in Assembly mett.
May it please the Govr. :
Though we expected our business next, after passing the act, would have been to Enter upon the considerations of such objections, as from thy late speech we might reasonably suppose you had to offer against the bill of Courts, which with the other bill formerly prepared, have been read and Recommended to thee by this House ;
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Yet finding ourselves Deprived at present of that Expectation by thy absence, which we must suppose to have been occasioned by great and urgent business, or that the Weighty affairs of the Publick at this Juncture, when the Legislative authority were attending thy pleasure, would have been preferred to any private, or matters of Lesser moment; We thought it our Duty, and accordingly took this opportunity to Enter upon the Consideration of some of the Grievances which the Inhabitants of this Province Lye under, which after a full and free Debate in this House, is agreed only by the following Resolves, nemine Contra Dicente, wch. we think ourselves obliged in all humility, to Lay before thee, Requesting thy Con- currence in Removing and Redressing the same as far as in thee Lyes.
1st. Resolved, that whereas the greatest part of the ancient and most substantial Inhabitants being such as Conscientiously scruple to take oaths, Its the opinion of this House that it is a very great Grievance to the Publick, as well as an abuse to the sd. Inhabitants, that they are omitted to be Empannelled to serve upon Inquests, as they have of late been, Especially in the County of Philadia., be- cause they cannot take an oath, an such as can swear are generally Returned, tho' some of them are aliens, others no freeholders, and many of them want other necessary qualifications which the Law makes as essential as swearing, to Render them Capable to pass upon Tryals, where the Lives, and Liberties, & Estates of the Queen's sub- jects are Concerned.
2d. Resolved, that inasmuch as it is generally known that the Proprietor about the year 1690, did mortgage the Province to Philip fford and his heirs, whereby Titles derived from the said Proprie- tary since that time are very precarious, and the People Render'd unsafe in paying their Quitt rents; therefore it is the opinion of this House that it is a very great neglect that the people in general have not a Certain knowledge whither the said mortgage is Discharged, and how far they are secured from the Inconveniency which attend their Estates by Reason of that Incumbrance.
3d. Resolved, that it is the opinion of this House that the Grant- ing of Pardons to Criminals, & Entering of Noli prosequi, as hath been used by the late Lt. Governour without ye Consent or applica- tion of the magistrates before whom such Criminals have been, or were to be Tryed, is of Evil Tendency and a Grievance to the Pub- lick, and Eludes the Intent of Divers good Laws, to the Great en- couragement of vice.
4th. Resolved, that it is the opinion of this House that the Pro- prietary or his Deputy Granting Lycenses to marry, is not Incident to any authority Granting them by the Royal Charter, nor warranted thereby, nor by any power that we understand they have; but the Granting of such Lycenses is Contrary to Law, & of an Evil Ten- dency, whereof many Instances may be given, particularly that of Israel Taylor, whose Daughter had like to have been stolen by Coul- lour of a Lycense lately granted to one James Barber, of Chester County, in this Province.
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5th. Resolved, that in as much as complaint hath been made to this Assembly, that Robert Assheton, of Philadia., hold and exer- cises several offices in this town, viz : Town Clerk of the City of Philadia., Clerk of the Peace for the County, Prothonotary of the Court of Common pleas, and prothonotary of the supreme Court, &c. ; it is the opinion of this house that the said Offices ought to be Executed by several persons, for it is not Consistent with Law that they should be left under the managemt. of any one person, the Reasons are manifest from the nature, & Different Trust of each office.
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