USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 67
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69
At a Council held at Philadia., the 2d of Septr., 1715.
PRESENT :
The Honble CHARLES GOOKIN, Esqr., Lieut. Govr.
James Logan,
Richard Hill, Esq'rs.
Jonathn. Dickinson,
Samll. Preston,
Robert Assheton
Esq'rs.
Upon the Peticon of Wm. Eburn, setting forth that whereas he shipt on board the Brigantine Swallow, Samll. Hillary, Mastr., to this Port, to Barbadoes, 35 casks of Rum, wch said Vessel was drove out of the Harbour of Barbadoes by stress of Weather, so that he could not send the Bill of Lading Invoice or orders to John Van Laer, to whom ye said goods were consigned; that Samll. Hillary, when arrived at this Port, entered the said Rum in the Office of the Collector of ye Duties of this Governmt., & delivered the same to the said John Vanlaer, without ether bill of lading or Invoice; the said John Vanlaer stored ye said Rum, & Expecting him, ye said Peti- coner, every day, Delayed going to ye said Collector ; That the said Collr. came to ye sd. John Vanlaer in order to guage ye sd. Rum ; That ye sd. John Vanlaer desired ye sd. Collr. to stay a day or two, for that he Expected him the said Petitioner every Tide with more Rum, & then ye duty should be paid for ye whole, & that the Rum could not but wth much Difficulty be moved, the said Casks being stowed one upon another ; that the sd. Jno. Vanlaers business in a few hours Called him out of Town; that ye sd. Collr., whilst absent, seized ye sd. Rum & removed it out of ye store. He therefore hum- bly Craved that this board would take the premises into Considera- tion, & order the said Collr. to return the said Rum to him ye said Petitioner, him the said Petitioner nor the sd. John Vanlaer not in ya least designing or intending to defraud the Govmt. of the said Duty; & he the said Peticoner would willingly pay the Charges (if any) accrued about ye seizure & removing the said rum. Which Peticon being considered, and it appearing that it was owing solely to an act of Providence that there was no person in Philadia. who could properly own & appear for that rum; That an Entry of the Rum being first made with the officer it was put into a store, to remain there till the owner himself should arrive; that there was no design in any person to Elude the act or to oppose the payment of the Duties, And therefore that it fall not within the intention of ye act, That goods under such circumstances should be forfeited : it is
606
MINUTES OF THE
ye opinion of ye board that as ye Collr. did his duty in taking ye sd. Rum into his Custody, so he may safely drop the seizure, the owner paying ye Duties according to Law, with all the Chaages accruing.
At a Council held at Philadelphia, the 13th of Septr., 1715. PRESENT :
The Honble CHARLES GOOKIN, Ltt. Governr.
Griffith Owen, Caleb Pusey,
Isaac Norris,
James Logan, i Esq'rs.
Samll. Preston.
Richard Hill,
Jonathn. Dickinson, Robert Assheton.
1 Esq'rs.
Sotyriote, Chief of ye Conestogo Indians, with divers others of his nation & of the Ganawoise, being arrived in town last night, on the message sent them from this Board by Sassoonan and Metashichay, two of ye Delaware Chiefs, ye 22d of June last, the Council mett to Consider of ye Treaty to be held with them.
And as they are come at the Request of this Govmt., it is there- fore agreed & Ordered that according to ye custum of ye Indians a present should be made to them, viz : six Stroudwater matchcoats, six Duffel matchcoats, six Blanketts, half a Barrl. of Powder, & a hund'd. pounds of Lead, with some Tobacco & Pipes, & that care be taken of their Entertainment, as also that some present be made to Harry the Interpreter, to ye value of three pounds or thereabouts.
That they be informed that the Indians of Delaware with Opessah in behalf of the Shawanois Coming hither of themselves last 4th mo., Did in a solemn Manner renew the Treaty & Confirm the bond of friendship between us, wch they did in ye name & behalf (they said) of all Indians on this side of Sasquehannah, those of Conestogo ex- cepted, whom they left to speak for themselves, & therefore that we desired that these Indians would also come to visit us as the others had done, that we might at the same time renew our Leagues of friendship with all our friends & Brethern; That they had always been such to us, & that our Conduct to each other had always been so friendly, and the Leagues of his friendship had been so often re- peated and Confirmed, that we were desirous to see them as our friends & brethern as often as any others of our Indians, for wch reason we had sent them that message.
The Indians not being mett, ye Conference & Treaty with them was deferred, and the Council adjourned for that purpose till 7 in the morning.
At a Council held at Philadia., the 14th of Septr., 1715.
PRESENT :
The Honble. CHARLES GOOKIN, Esqr., Lieutt. Govr.
Griffith Owen, Caleb Pusey, James Logan, George Roche,
1 Esq'rs.
Isaac Norris,
Samuel Preston, Jonathan Dickinson, Robert Assheton,
Esq'rs.
607
PROVINCIAL COUNCIL.
The foremenconed Indians, with their Interpreter, mett, & the Present Provided, The Govr. Ordered them to be informed that he, with the Council, were glad to see them, and would have been pleased if it had been sooner. That Sasoonan, in behalf of his own & all our other Indians on this side Sasquehannah, those of Conestogo Ex- cepted, had in ye most friendly manner renewed their Treaties & Confirmed ye bond of friendship between us. That we were there- upon Desirous to see them also, that we might at the same time have ye satisfaction of Conferring with & Entertaining all the Nations of our friends around us, & by that means have an opportunity of knowing how it was with them.
That We had heard they had a design of removing from Cones- togo to leave room for the English to settle there ; but that we desired they should not make themselves uneasy, and if they thought it might be more for their Conveniency to be at a greater distance, we should expect first to be acquainted with it.
They were also particularly informed of what past between our Delaware Indians & us, at the last Treaty, and the minutes then taken were interpreted to them, with all wch they appeared very well satisfied.
The presents, as yesterday ordered, were Delivered to them, amounting to about £20 in value, besides ye thre pounds ord'd. to Harry, ye Interpreter, & ye Charges of their Entertainment.
Upon their receiving of these they were particularly desired to be careful, from time to time, to inform us of any Strangers coming amongst them, & of every thing new that should happen amongst ym., for as we were friends & Brethern we must be concerned for their safety & welfare, as well as our own.
They all appeared extreamly well pleased, & ye Council adjourned till morning to receive their answer.
At a Council held at Philadelpia., the 15th 7th mo., 1715.
PRESENT :
Griffith Owen, Richard Hill, 1 Esq'rs.
Isaac Norris,
Samll. Preston,
James Logan,
Jonathn. Dickinson,
George Roche,
Robert Assheton,
r Esq'rs.
The Govr. being obliged by some urgent affairs to repair to New Castle, left the management of ye affair with ye Indians to the Coun- cil, who being mett, and the same Indians attending, Soteyote, by the Interpreter, said, That they were very well pleased to find that the Indians who were here in summer, had shewn themselves so mindful of former treaties & agreements that were made with Willm. Penn, at his first arrival; that their old men were generally gone off the stage, & they a younger Generation were come into their place ; that they on their parts should ever desire to live in the same Peace & friendship with us, that their fathers had done, & that not only they but that their and our Posterity might do the same from Gencrition to Generation. That all things were well amongst them, & they
608
MINUTES OF THE
had nothing in relation to this Govrmt. to blame or in anywise find fault with.
They then laid down four strings of white Wampum, & said, That Opessah, who was formerly a king of ye Shawanois, near Co- nestogo, but had now for some years been abroad in the woods (as he said) a hunting, had, just at their coming away from Conestogo, sent them a message with that Wampum, to tell them he was now going a hunting again, yt they thought it convenient to acquaint this Govrmt. with it, and that if they hear any thing further of his pro- ceedings, they will not fail from time to time to give us an acct. of it.
They then presented to ye Board seventeen Deer skins in ye Hair, & eighteen ffoxes skins, and said, That as they always had lived in Peace, & we & they had been as Brethren and friends, so they de- sired we might ever continue the same. That they had nothing to complain of, but desired we would for their greater ease in Trading with our people, acquaint them with the certain prices of our goods, for that the Traders imposed upon them. They were told in answer to this, the same things that had been said to Sasoonan & the In- dians with them ; that it was impossible to sett any prices, for goods were sometimes Cheaper, sometimes dearer, and ye traders would sell their goods dearer at Sasquehannah, after they had been at the pains to carry them some days Journey on Horseback thither, and that we could advise them to no other method than what we took ourselves, which is that every man should bargain as well as he could for himself, but in the meantime as we had past a Law, that none called Christians should offer them any injury, so if they re- ceived any they were desired to acquaint us with it and they should be redressed.
It was further pressed on them to be very careful on their parts that no difference should arise between any of their & our people, or if there should that they would acquaint us with it immediately, that we might duly inquire into it, & Justice should be done them if they were in any wise wronged.
Then provisions being ordered to be provided for them by the Treasurer for their Return home, and all the accts. to be discharged by him.
They were dismissed, and the Council adjourned.
At a Council held at Philadelpia., the 15th, 8br., 1715.
PRESENT :
The Honble CHARLES GOOKIN, Esqr., Ltt. Governour. Caleb Pusey, Esq'rs. George Roche,
Samll. Preston,
Robert Assheton,
Esq'rs.
The House waited upon the Govr. and presented Joseph Grow- don their Speaker, who observing the usual form desired, yt those three things yt were accounted, ye privileges of the House should be granted ym., vizt. : freedom of speech, free access to the Govr., & a favourable construction of their Proceedings, Which the Govr. as- sured them of, and afterwards ye Govr. made the following speech.
609
PROVINCIAL COUNCIL.
GENT. :
'Twas with great alacrity I passed ye Bills laid before me by the last assembly, & I gave the Countrey my hearty thanks for ye Pro- vision they made by a Land Tax for my support in ye administra- tion ; But I know not what accident ye Law for yt end is rendered ineffectual. I hope, Gent., you will not leave me under any uncer- tainty in that affair.
Gent. : I am to acquaint you that I have Writt to the Proprietor for his leave to go home in the spring, & to some persons of Note to procure me the King's Lycence of Absence for twelve months till I return, or that you have another Govr., No laws can be passed by ye Council, whatever Difficulties ye People may happen to Labour under; Therefore, I give you this notice, that you may prepare such bills as may be necessary for the welfare of the Province, & you shall find me ready to joyn with you.
A message from ye House by two members, acquainted the Govr. that they have taken into Consideration that part of his speech re- lating to the Land Tax, and have appointed a Committee to prepare & bring in a bill to revive & inforce the Collection of the money to be raised by the said Tax, & have proposed to adjourn to the 24th Instant, in order to have the sd. Bill prepared and brought in accord- ingly, with which proposed adjournment the Govr. told them he acquiesced.
October ye 28th, 1715.
The Govr. having received from the House, A Bill Intituled an act for enlargeing the time for putting in Executn. an act past at ye last session of Assembly, &c., and another for reviving of Process in ye County of Chester, &c., proposed some amendments to them, wch he sent to the House.
. At a Council held at Philadia., ye 29th, 8br., 1715.
PRESENT :
The Honlbe CHARLES GOOKIN, Esqr., Lieut. Governr. Griffith Owen,
Samuel Preston, r James Logan, ? Esq'rs. Jonathn. Dickinson, Esq'rs.
George Roche, Robert Assheton,
The Assembly having agreed to the amendments proposed by the Govr., desired by a message from the House to know when they should attend the Govr., who answered forthwith ; they accordingly waited on him with the bills following to be passed into Laws, vizt. : An Act for enlargeing the time for putting in Execucon. a Law past in the last sessions of Assembly, held for this Province, Intituled an act for raising a supply of 1d. per pound & 4s. per head, and for re- viving other acts therein menconed .; an act for reviving of actions & process lately depending in ye Courts of the County of Chester, and for supplying other Defects Relating to proceedings at Law in all the Courts of Common Pleas in this Province, which Bills the VOL. II .- 26
610
MINUTES OF THE
Govr. past into Laws, & ord'd. ym. to be sealed & published at three of ye Clock this afternoon.
At a Council held at Philadelpia., ye 17th of March, 1715 -- 6.
PRESENT :
The Honble CHARLES GOOKIN, Esqr., Lieut. Governour.
Richard Hill, 1
Samuel Preston,
James Logan,
Jonathn. Dickinson,
Willm. Trent. 1 Esq'rs.
Robert Assheton.
Bg's 7
Isaac Norris,
Several weighty affairs of Governmt. requiring ye Assembly to be Called, and they wanting several members to make a house on their last adjournmt., It is ordered that writts be issued out directed to ye sherif of each County in this Province, to summon ye members of Assembly to meet on the first day of May next.
At a Council held at Philadelpia., ye 30th of April, 1716.
PRESENT :
The Honble CHARLES GOOKIN, Esqr., Ltt. Governour.
Richard Hill, -
James Logan, Esq'rs.
Isaac Norris,
Willm. Trent,
It is thought fitt that the Assembly should, when they meet, be acquainted that there is very great occasion for an act to impower aliens to hold & enjoy Land, &c. within this Province, as also that a duty should be laid on all Goods imported from the Province of New York, Jersey, &c., to this Province.
At a Council held at Philadelpia., ye 2d of May, 1716. PRESENT :
The Honble CHARLES GOOKIN, Esqr., Lieut. Govr.
James Logan, - Robert Assheton, Esqr.
Samuel Preston,
The Govr. having summoned a Council to day, & no more than three members attending, a message was drawn up from the Govr. to ye House, & ordered to be Carried by Samll. Preston & James Logan, in these words.
GENT. :
By what mistake or misfortune you mist your adjournmt., I shall not inquire ; you are now restored to your privileges as at first, and I am ready to joyn with you, to enact such Laws as may be for the Interest & Tranquillity of the Province.
To what I laid before you at your first meeting, I must recom- mend to you that a Law may be made to Impower aliens to hold &
Esq'rs.
Robert Assheton, Esq'rs.
611
PROVINCIAL COUNCIL.
enjoy Lands ; That a duty be laid on Goods imported from New York & Province adjacent, equivalent to what they have laid on ours ; And that the Property act be revived.
Gent. I must on my own part Recommend to your Consideration that I have been almost Eight years in ye Proprietors service, & above seven in the Province, yet have not received from ye Publick an Equivalent to what I left to serve them. I shall make no demand, but leave this matter intirely to you.
Should it be my misfortune to be disregarded in this point, I sup- pose I cant be justly blamed if I solicit to be recalled, & I heartily wish such a person may be sent to preside over you, who will bring with him a stronger Inclination, (if it be possible,) than I have, to exert himself for ye honour & Interest of the Proprietor, & for the Interest & happiness of the People.
And the said members returning reported that they had delivered it.
At a Council held at Philadelpia., the 4th of May, 1716. PRESENT :
The Honble CHARLES GOOKIN, Esqr., Lieutt. Governour.
James Logan, William Trent, Esq'rs.
Jonathn. Dickinson,
Samll. Preston,
Robert Assheton, } Esq'rs. ]
A Message from the Assembly, by Richard Hill, Edwd. ffarmer, & two other members, acquainted the Govr. that having taken into Consideration the several matters recommended to them by the Govr., and having ordered several bills to be prepared & brought in pursuant to the Gover's. last Message to ye House, are inclined to adjourn to the first second day of ye next month, at wch time the said bills will be prepared accordingly; and that the said messengers do desire to know of the Govr. if the Laws of this Province lately past, had been remitted to Great Brittain, & whether he had any advices from thence relating to this Govmt., and also that they re- present unto the Govr. the great uneasiness that there is among the people of this Province, by reason that several Criminals now lye in the several gaols of this Province who are not yet brought to Tryal.
To which the Govr. answered that he would not object to their proposed adjournment, provided they would first give a reasonable answer to what he had recommended to them in his first Speech, and the latter part of his last Written message, otherwise he must neces- sarily apply to Great Brittain ; That he knew nothing of the Laws being remitted to England, nor had received any advices from thence for a Considerable time past. That he must be Extreamly Cautious how he proceeded in relation to ye Criminals in Prison, and the Exe- cution of such Laws as touched ye life of man, but he would ad- vise with such persons as are well skilled in the law, on whom he could rely.
612
MINUTES OF THE
The same four members returning, brought the following message, vizt :
That the matters first proposed in his speech had been duly con- sidered by the House, & bills ord'd. to be prepared accordingly ; that as to ye article of ye supply, ye House cannot think of laying a new Tax so suddenly on the gathering of ye former ; nor can at present judge of ye public funds, or what may in further time be brought into ye Treasury, so as to come to a Resolution at this time on that head.
Whereupon the Govr. desired that the Speaker with the whole house would attend him in ye same room, at 4 of the Clock in the afternoon.
And accordingly the Speaker with the whole house attended the Conference, in which the Govr. strenuously pressed a supply, & after sometime withdrawing, the Govr. received this further message from the House by the same four members, vizt ;
That the House could not recede from their message to him this morning, But that what the Govr. had offered in the last Conference should be in the mind of each member of the House until their next meeting on ye fourth of the next month, to wch time they were in- clined to adjourn. And in ye mean that ye several bills voted by his House should be ready at their said next meeting.
To which the Govr. answered that if he was then in the Province he would act with them.
June 5th 1716.
The Assembly having mett yesterday pursuant to their adjourn- ment, and having by 2 of their members, sent a message to ye Govr pressing him to take some effectual measures that those Criminals Committed to Chester gaol for murther may be brought to a speedy tryal.
Samll. Preston brought an answer from the Govr. in Writing, in these words :
That the Govr. had appointed persons to try ye Criminals as the Law directs, & Commissns. were issued out ; That the neglect there- fore do not lye at his door, if they did not proceed; That one of ye Judges has for some months been absent, & he is given to understand yt another declines to act, but is very ready to Commissionate any other person that may be found proper and may be willing to under- take it, which is now under consideration.
A message was sent the same day from ye House to ye Govr., that they inclined to adjourn to the 6th of August, and having according- ly mett & sent a message on the 7th to acquaint the Govr. with it, and to desire to know whether he had any thing to lay before them. He answered that he had nothing further than was contained in his first speech & Written message.
613
PROVINCIAL COUNCIL.
At a Council held at Philadelpia., ye 12th of June, 1716. PRESENT :
The Honble CHARLES GOOKIN, Esqr., Ltt. Governour.
Griffith Owen,
Samll. Preston,
Richard Hill, Esq'rs.
Isaac Norris,
Jonathn. Dickinson, Robert Assheton.
Eso'rs.
The Govr. laid before the board a letter he received from Hugh Pugh, now in Prison in the County of Chester, for murthering one Jona. Hays, which was read, and the Board thought fitt that Robert Assheton be commissionated in the stead of Capt. Roche, who is now out of the Country in order to expedite the said Hugh's Tryall, Mr. Trent, one of the Judges of the Supream Court Declin- ing to act.
At a Council held at Philadelpia., the 30th of July, 1716.
PRESENT :
The Honble. CHARLES GOOKIN, Esqr., Lieut. Govr.
Richard Hill,
Isaac Norris,
James Logan, Esq'rs. Samuel Preston,
Esq'rs.
Willm. Trent,
Robert Assheton.
Sotayriote, the Chief of the Conestogo Indians, Tagotelessah or Civility their Captain, Sheekokonickan, a Chief of the Delaware In- dians, being come to Town, attended ye Govr. in Council; But the Clerk having neglected to enter ye minutes of what past, as he did all others relating to these people, which J. Logan himself took not with his own hand, they are with others irrecoverably lost.
At a Council held at Philadelpia., the 16th October, 1716.
PRESENT :
The Honble. CHARLES GOOKIN, Esqr., Lieut. Govr.
James Logan, Esq'rs. Robert Assheton, Esq'r.
Samll. Preston,
The Assembly waited on the Govr. and presented Richd Hill, their Speaker, And the Speaker according to ye usual form Desired that ye follow privileges may be allowed them, vizt : That they might have freedom of speech, free access to ye Govr. & a favourable Con- struction put upon their proceedings, wch the Govr. assured them of, after wch the Govr. made ye short following speech.
GENT :
There was so little done by the Assembly of the last year, that what I laid before ym I must recommend to your Consideration ; If upon further views you may have further bills to offer, that may be for ye Interest & tranquility of the People, I shall be ready to pass them into Laws, & I promise myself you will make a return suitable to their Circumstances, & ye advantages they will receive by them.
614
MINUTES OF THE
At a Council held at Philadelpia., the 18th October, 1716.
PRESENT :
The Honble CHARLES GOOKIN, Esqr. Lieut. Govr.
Griffith Owen, Esq'rs.
Samuel Preston,
James Logan,
Robert Assheton Esq'rs.
Clemt. Plumstead & Jno. Swift, in a message from ye House of Representatives, brought to ye Board ye following Resolves in writing, dated ye 17th Inst., vizt. :
That the Royal Charter makes the acts of this Province most abso- lute & available in Law, until repealed by the King.
That the Laws of this Province now in force have sufficiently set- tled the Qualifications of magistrates, officers, &c.
The the act of ye 1st K. George, relating to ye affirmation & Decla- ration of ye people call'd Quakers, &c., does not repeal or make void any the Laws of this Province.
That whosoever doth or shall perswade ye Govr. to be of a Con- trary opinion, or to refuse ye Qualifying of persons pursuant to the said Laws of this Province, are Enemies to ye Govr. & Government.
Which being read, ye members present at the Board unanimously declared they concurred in opinion with ye House, only R. Assheton was [more tender in Expressing his indissent from ye Govr., who plainly told the board he differed in sentiments from them.
N. B. In the afternoon Rd. Birmingham, ye Govrs. brother in Law, deliv'd R. Assheton a paper sealed up, which he directed him to carry to ye House as the Govrs. answer, he promised the House in the morning, a Copy of which being procured from the House, was in these words.
GENT. :
I laid your reasons of ye 17th Instant before ye Council, who, after much debate Declared themselves of your opinion to which I cannot agree for the following reasons :
1. The Judges of ye Supream Court, appointed for ye Tryal of the prisoners at Chester, were persons who could take and administer oaths, & no objection was offer'd. me on acct. of the Inferiour officers or witnesses, & tho' I was of opinion I could not be safe in giving any qualification but an oath, yet by a Dedimus they might have been qualified as the law directs.
2. I Joyn with the Assembly in this Resolve, Provided the Laws are not repugnant to ye laws of England.
3. I allow the Laws of the Province had settled the Qualifications of the magistrates & other officers, untill ye publication of ye act of K. George Relating thereto.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.