USA > Pennsylvania > Colonial records of Pennsylvania, Vol. III > Part 16
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At a Council held at Philadelphia, October the 16th, 1721.
PRESENT :
The Honourable Sir WILLIAM KEITH, Bart., Governour.
Richard Hill, Thomas Masters,
Jonathan Dickinson,
James Logan, Secretary.
Anthony Palmer,
The Representatives of the ffreemen of this province elected on the Second instant, (the first being Sunday,) having met in Assembly on the 14th, in pursuance of their Charter and the Law in that Case provided, were ordered to attend the Governour this morning in Council, and presenting themselves accordingly, Jeremiah Langhorn, Esqr., addressing himself to the Governour in the Name and Behalf of the Assembly, acquainted him, That the House of Representa- tives had been pleased to make Choice of him from among divers others more worthy of that Honour, to be their Speaker, but prayed the Governour would consider his great Incapacity, and that He would please to desire the House of Representatives to make choice of another of their Number better qualified than himself for that office.
The Governour answered, That He had always found the House of Representatives the best Judges in the Choice of their Speaker, and that the Gentleman now presented to him by the House for his approbation in that Station, had acquitted himself with such general applause in so many former Assembly's that He had good Reason to believe him to be a person fitly qualified for that office, and therefore could not but very heartily approve of the Choice which the House had made of him for their Speaker.
Then the Speaker addressing himself to the Governour, in the Name of the House, desired,
That the Governour would grant the Members of Assembly free access to his presence when sent to him by the House.
That He would protect them in all their privileges as an As- sembly.
And that He would be pleased to put the most favourable Con- struction on all their proceeding; All which being promised by the Governour on his part, He delivered himself in a Speech to the As- sembly, as follows.
Mr. Speaker & Gentlemen of the Assembly :
I have had such good Success with former Assemblies, and I mect
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with such hearty Wellcome and kind Entertainment wheresoever I happen to go in the Country, that I think I may surely depend on the Love and affections of the People whom you represent, and con- sequently on your Esteem ; I cannot therefore, but understand the Change which I perceive the Country has made this year of their former Representatives, to proceed chiefly from the just opinion they have conceived of my hearty Inclinations to grant them any thing in my power which can contribute to their further Ease & Happi- ness, wherein I do assure you They shall not be disappointed. But I hope those will, (if there be any such,) who vainly imagine or expect, that this Change was intended to straiten the Governour with unreasonable Demands and a narrow Support.
It is obvious to every honest well meaning man, That the Duties and obligations between any People and their Governour are reci- procal, and wholly consist in doing such offices to one another as proceed from a natural Goodness or Humanity ; Which, tho' it com- prehends all the Moral Law, yet is easily to be applied and prac- tised in any Case, by every man that does not oppose and struggle with the Dictates of his own Conscience. This is that Simplicity or Rectitude of mind which is so frequently opposed in Scripture to the Wisdom of this World ; And as it is the poor man's greatest Ornament, So We may observe, it generally attends those who have no other Ambition but quietly to possess and enjoy the Fruit of honest Industry & Labour. GENTLEMEN :
I cannot doubt but my daily Endeavours to secure to you a quiet and orderly Administration of Justice at Home, as well as to promote the Credit and Reputation of this Colony Abroad, must be very ac- ceptable to the People in general ; And if it be so, I hope you will have some Regard to the extraordinary Charge and Expence of my last years Services, for which I am left to depend entirely on your Justice and Gratitude.
Most certainly, the Governour's true Interest and the Honour & Reputation of an Assembly will always be found inseperable ; And it is to be hoped that your unanimous Resolution at the Opening of this Session will demonstrate them to be so, because this will render you at once easie amongst your selves and effectually stop the mouths of Gainsayers.
I shall conclude with assuring you of my Readiness not only to concur, but to assist you in every thing that can be proposed for the publick Good, And your House may depend on my authority to support them in all their just Rights and Privileges.
The Speaker receiving a Copy of the Speech the House withdrew, and the Council broke up.
At a Council held At Philadelphia, November 23d, 1721. PRESENT :
The Honourable Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Jonathan Dickinson, Thomas Masters, Isaac Norris, Smuel Preston, 1 James Logan, Secry.
1
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Upon Consideration of a Petition, signed by a considerable Num- ber of Inhabitants of Chester County, in behalf of themselves and others, setting forth,
That Whereas by an Order of the Justices of the County Court of Chester, a new Road has been lately directed to be laid out and cleared in the High Way to Conestogoe, which new Road departs from the old one at Perkin's House, and cutting the same again a little above Brandy Wine, runs all along through uninhabited and unsettled Lands quite up to the Palatine Settlements on this side Conestogoe ; And whereas, They humbly conceive, That by an Act of Assembly of this province all the Kings Highways or publick Roads are to be laid out by order of the Govr. and Council, And they finding themselves likely to be aggrieved not only by the great Charge and Trouble which must attend the clearing and supporting of two Roads, but also by the Discouragement which will thereby be given to sevl. good Settlements upon the old Road, already well pro- vided with all things necessary for the accommodation of Travellers.
The Petrs. humbly desire and hope, that the Governour and his Council will be pleased to give such Direction and Relief in the pre- mises as shall to them seem most meet.
Sign'd by Isaac Malin, Thos. Paschall, Wm. Paschall, Thos. Pas- chall, Edwd. Kenison, James Thomas, Wm. Cundall, Wm. Thomas, John Spruce, and about thirty persons more.
The Board not being satisfied whether the laying out this Road complain'd of, be legally in the power of the Court of Quarter Ses- sions of the said County, within the meaning of an Act of Assembly of this Province, whereby the Justices in each County are empowered to lay out and confirm private and By Roads, but not any of the Kings Highways and public Roads; And being likewise unwilling wholly to annul or reverse any Orders of the said Court, without a previous Hearing and Examination of the Case on both sides. It is Ordered, That the Road now and heretofore used leading from Phila- delphia to Conestogoe, through the townships of Merion and Radnor, and laid out by the authority of this Government as far as Thomas Moore's Mill, on Brandy Wine River or Creek, be deemed the Kings Highway and public Road, And that all former Orders of the Justices of the said County, for laying out and clearing the said new Road now complained of by the Petitioners be for the present Superseded; And also that they forbear to issue any further Orders for that purpose, untill it be made appear to this Board that the same is properly in the power of the Quarter Sessions by virtue of the Act of Assembly aforesaid; And upon timely Notice given, this Board will be ready to hear and judge of the Reasons to be offered by the said Justices in Support of their Right to order the laying out of the said Road, and also the objections of the said Petitioners against the same ; And it is ordered that a Copy of this Minute be delivered to the said Justices at their next General Quarter Sessions of the Peace, that they may govern themselves accordingly.
The Governour acquainted the Board, That as they were all sen- sible He had, with their Advice and Approbation, in pursuance (as
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He had understood) of the late Proprietor's Inclinations when here, ever since his Administration, observed some kind of an Equality or Proportion in his appointment of the subordinate officers of Govmt., between those who profess themselves Members of the Church of England and the People called Quakers; He had no reason to doubt but the Board was well satisfied the same method should be observed in the Council.
That some Church men, members of this Board, residing for the most part in the Country, and others of the same perswasion being frequently absent upon their private affairs, insomuch that it still continues difficult to get a Council together upon any occasion with- out a long previous Notice. He had some time ago made mention to most of the members now present of Henry Brooke, Esqr., Col- lector of his Majestys Customs at Port Lewis, within this Govern- ment, and of late a useful magistrate in the County of Sussex, as a fit person to supply the place of Jasper Yeates, Esq., a member of this Board, lately deceased ; To which the Governour was more par- ticularly induced from this Consideration, that it has been usual, and is still expected by the Inhabitants of the lower Counties, that there should always be at least two members in the Council from those Counties ; Wherefore, He now proposes that with the Consent of this Board, the said Henry Brooke should be admitted a member thereof.
All the Members present being sensible of Mr. Brooke's great Knowledge, Ability and Worth, unanimously agree that He be ad- mitted accordingly as soon as the Governour thinks fit.
At a Council held At Philadelphia, January the 19th, 1721. .
PRESENT :
The Honourable Sir WILLIAM KEITH, Bart., Govr.
Richard Hill,
Jonathan Dickinson,
Isaac Norris, James Logan, Secretary.
Samuel Preston,
Henry Brooke, Esqr., took and subscribed the several Oaths and Qualifications by Law, required to be taken by persons bearing public offices in England, also the Oath of a Counsellour for this Government, after which He took his place at the Board; Upon a motion made, that Andrew Bradford, Printer, be Examined before this Board concerning the publishing of a late Pamphlet, entituled "Some Remedies proposed for the restoring the Sunk Credit of the Province of Pennsylvania," as also of the Weekly Mercury of the 2d of January instant, the last paragraph whereof seems to have been intended as a Reflection upon the Credit of this province; it is ordered That He, the said Printer, have Notice to attend this Board at the next meeting of Council.
The Board proceeded to consider two Bills sent up by the House of Representatives, viz: " An act for laying a Duty on Wine, Rum, Brandy and Spirits, Melassoes, Cyder, Hops and Flax, imported,
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landed or brought into this Province ; and An act for laying a Duty on Negroes imported into this province, and agreed upon several amendments to the said Bills, which were ordered to be sent down to the Assemb'y.
At a Council held At Philadelphia, February the 1st, 1721.
PRESENT :
The Honourable Sir WILLIAM KEITH, Bart., Governour.
Richard Hill,
Isaac Norris,
Andrew Hamilton, Att. Genl., Henry Brooke,
Saml. Preston,
James Logan, Secretary.
Jonathan Dickinson,
A Petion from divers Inhabitants on the South Side and adja- cent to the River Schuylkill, in this province, having in the year 1720 been presented to the Assembly, setting forth, That they the said Inhabitants had formerly been and then were rated in the County of Philadelphia, and yet were at that time called upon to pay their Rates to the County of Chester, no Division Line being run between the said Connties, and therefore praying that such a Line might be run, the said Petition was, by an Order of the House of the 4th of May, in the said year referred to the Consideration of the Governour and Council for the Petitioners Relief, and at a Council held on the 8th day of June following, by order of the Board, the Secretary was directed to inquire of the Situation and Case of the Petitioners, and report his opinion thereupon to the Board. And Warrants from the Commissioners of both the said Counties, together with their respec- tive Taxations of the said Inhabitants in both Counties, to their great Oppression, being now produced to the Board, the Secretary was called upon to make his Report in pursuance of the aforementioned Order.
Accordingly the Secretary reports, That He has not been able to find out any authentick Act or order by which the Said Counties have been divided, but that He finds, At the first Settlement of the Country under that Proprietor, the Creek or Run on this side of Darby, called Cobs Creek, made the first Division of those Counties in the lower parts towards the River Delaware, as far back from the said River as Haverford township; That in the printed maps there is laid down from thence a prick'd Line for the Division of those Counties by the side of Haverford Township, departing from the said Cob's Creek to the Eastward, and again above the sd. Town- ships, taking another Turn further to the Eastward to leave John Holland's and some other Lands on the side of Radnor Township to Chester County ; And that thence the same Line is continued from thence streight to Schuylkill, dividing Lætitia Penn's Mannor almost in the middle and laying part of it to each County ; That he is ap- prehensive This was done arbitrarily by the Surveyor General with- out any authority for the same at the time the Map was made, and that in his Opinion it would have been more regular to carry the Division Line along the side of Radnor and the upper part of that
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called the Welch Line, laying all those Tracts called Mannors to Philadelphia County, as in all appearance they were at first intended by the Proprietor; That he finds most of the Petitioners past over Schuylkill from the Settlement on the Eastern Side of it, which were considerable before there were any of note on the Western Side so high up that River, and accounting themselves to be still in Phi- ladelphia County, as they had been before they passed the River, they were accordingly taxed in the township formerly called Maha- natawny but now Amity Township, there being no practicable Road nor convenient Communication between those parts and Chester ; That this is what He can as yet discover relating to that affair, which he humbly submitts to the Board, with his Opinion, that this matter ought without Delay to be further Settled.
And the case of those Inhabitants, with this Report, being taken into consideration by the Board, It is their unanimous Opinion that untill this matter can be more fully and effectually settled, the Com- missioners and Assessors of Chester County should forbear to claim those Inhabitants, who being settled on or near the Western Side of Schuylkill have hitherto been reputed part of Amity Township, and as such have been and are taxed in the County of Philadelphia, and that the said Inhabitants be permitted to pay their Taxes and do all other Duties to the County of Philadelphia as formerly, without any further molestation from the County of Chester, or any officers by authority of the Court of Commissioners of the said County.
And the Clerk is ordered to transmit a Copy of this Minute to the Commissioners of the said County, for their Direction in the premises.
The Board being informed that Andrew Bradford, the Printer, attended according to order, He was called in and examined con- cerning a late Pamphlet, entituled " Some Remedies proposed for restoring the Sunk Credit of the Province of Pennsylvania ;" Where- upon, He declared that He knew nothing of the printing or publish- ing the said Pamphlet ; And being reprimanded by the Governour for publishing a certain paragraph in his News-Paper, called the Ame- rican weekly Mercury of the 2d of January last, He said it was inser- ted by his Journey-Man, who composed the said Paper, without his Knowledge, and that He was very sorry for it, and for which he humbly submitted himself and ask'd Pardon of the Govr. and the Board ; Whereupon the Governour told him, That He must not for the future presume to publish any thing relating to or concerning the Affairs of this Government, or the Government of any other of his Majestys Colonies, without the permission of the Governour or Secre- tary of this province, for the time being, And then He was dismissed and the Council adjourned.
At a Council held at Philadelphia, March the 6th, 1721. PRESENT :
The Honourable Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Isaac Norris,
Andrew Hamilton, Att. Genl. Henry Brooke, James Logan, Secretary.
Jonathan Dickinson,
Colonel John ffrench.
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The Governour acquainted the Board, that he had been surprized this morning with an imperfect relation from one Richard Langdon, a Butcher, lately came from Conestogoe of the sudden death of an Indian at one of their Towns a considerable way above Conestogoe, and occasioned (as it is said) by one or more blows given him by John or Edmund Cartlidge, or both of them ; That tho' the Governour had not received any certain Advice of the truth or circumstances of this unhappy accident by an Express Message from Conestogoe, yet the said Richard Langdon having had his information from sun- dry. persons of credit near Conestogoe, and being desired by some of them to give notice of it to the Governour, gives the Governour some cause to fear the truth of what is now so confidently every where reported ; He had therefore thought it necessary upon the first notice given him, that the Council of the Province should be immediately acquainted with the whole circumstances of this matter, as far as can yet be discovered here, that he might consult with them of the most proper measures to be taken upon so extraordi- nary an occasion for preserving the Peace of the Province ; He had therefore ordered the said Richard Langdon, and one David Robe- son, a Blacksmith, near Perquayomen, (who had also received some Intelligence of this matter in the Country,) to attend the Board at this time, Who were accordingly severally called in and examined upon Oath.
Whereby it appeared to the Board, that there is just cause to be- lieve that an Indian is actually dead, And from the Accounts the said Deponents give, there is Ground enough to suspect that the said John or Edmund Cartlidge, or both of them, have been some way or other instrumental in or accessary to his death. It is therefore the unanimous opinion of the Board, that it is of absolute necessity that some person or persons of Integrity, Reputation and Ability, be forthwith dispatched to Conestogoe with full powers to make In- quiry into this matter, and upon just Cause of Suspicion to commit any person or persons accessary to the death of the said Indian, and generally to dispatch such message and take such other Measures which they shall judge necessary to secure the publick Safety and Tranquility of the Government.
Accordingly at the Request of the Governour and. the Board, the Secretary and Colonel ffrench agreed to undertake a Journey to Co- nestogoe for the negotiating of this affair ;. And it is ordered, that a Commission and Instructions be prepared for the said Gentlemen, betwixt and to morrow morning, to be laid before the Council for their Approbation.
In the mean time it is judged convenient, that the Assembly now. sitting be acquainted with the accounts the Governour has received of the matter, and with the proceedings of this Board thereupon ; And that the Govr. will please to move them by a Message, to pass a vote for making Provision to defray the Charge of such unforseen Negotiations with the Indians, which 'tis conceived will be the most effectual and Cheapest way to preserve their Friendship, and to quell
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any Disturbances which hereafter may possibly happen upon any such extraordinary Events.
The Secretary moved, and it is ordered to be Entered as a rule upon the Minutes of this Board, that because of the difficulty in col- lecting the several opinions of the Members, and putting their Reso- lutions in a proper Form and Method while the Council is sitting ; That therefore, the Minute of the preceding Council shall always be examined and approved by the Board, at their next meeting, before the same be entered upon the Council Book.
At a Council held at Philadelphia, March the 7th, 1721.
PRESENT :
The Honourable Sir WILLIAM KEITH, Bart. Govr.
Richard Hill,
Thomas Masters,
Samuel Preston,
Andrew Hamilton, Att. Genl.
Jonathan Dickinson,
Henry Brooke,
Colonel John French,
James Logan, Secretary.
The Minute of yesterday's Council was read and approved; After which the Governour communicated to the Board the Message which He had sent along with the said Minute to the House of Representa- tives, together with the Resolution of the said House thereupon, being as follows :
Resolved N. C. D., That the Thanks of this House be given to the Governour for the Care he has already taken in the above affair, and that He be desired to use the most expeditious method possible, that the persons concerned in the Fact may be apprehended, in order to be brought to Justice, And that this House will cheerfully defray the necessary Charge that shall accrue on the prosecution thereof.
The Attorney General presented the Draught of the Comission to the Secretary & Colonel French ordered yesterday to be prepared, which with some Amendments was approved, and ordered to be en- grossed immediately and sealed with the Great Seal; Also, a blank Commn. for a Coroner was ordered to be given the said Gentlemen to be employed by them in the Service they are now going upon, as they shall have occasion or judge necessary.
The Governour drew up some Instructions for the said Gentlemens better Direction in this Service, which with some Additions were approved by the Board, and ordered to be engrossed and sealed with the Lesser Seal of the province.
At a Council held At Philadelphia, March the 21st, 1721.
PRESENT :
The Honourable Sir WILLIAM KEITH, Bart., Governour.
Richard Hill, Isaac Norris, Samuel Preston, Jonathan Dickinson, Colo. John French.
Thomas Masters, Andr. Hamilton, Att. Genl., Henry Brooke,
James Logan, Secretary.
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The Governour having been in the Country at the Time of the Secretary & Colo. ffrench's Return from Conestogoe, upon Notice of their Arrival at Philadelphia came to Town last night, and now ex- pressed his satisfaction to see the said Gentlemen returned from their Journey, and desired them to inform the Board of their proceedings in executing the Commission & Instrucons they had received ; Where- upon, the Commissioners delivered their Report in Writing, which was read, and is as follows.
To the Honourable Sir William Keith, Bart., Governour of the province of Pensilvania and Counties of New Castle, Kent & Sussex upon Delaware, and the Council of the same.
The Report of James Logan & Colonel John French, of their Exe- cution of a particular Commission to them directed.
May it please the Governour & Council :
Pursuant to the Instructions given us by the Governour, We set out from Philadelphia for Conestogoe on the 7th Instant, as soon as our Commission was delivered to us, and the next day meeting with the High Sheriff of the County of Chester, according to an appoint- ment made with him. We sent him with a proper Warrant before us for a greater Dispatch, to apprehend the two Brothers John & Edmund Cartlidge, who were reported to have committed the fact which occasioned our Journey. On the 9th, in the afternoon, We came to John Cartlidge's House where we found himself in the Sheriffs Custody, Edmund Cartlidge, was then over the River Sas- quehannah waiting with a Gang of Horses, as we were informed, for his Brother to joyn him to proceed on their Business of Trade to- wards Patowmeck; But on our informing John of the Necessity there was of our seeing his Brother, he was prevailed upon to send for him the next day, and accordingly he came. The same morning, we dispatched a Messenger to summon Peter Bizaillon, who lives about 36 miles higher upon Sasquehannah, to attend us as Inter- preter between us and the Indians, but He having no Horses at home, and being far from Neighbours, he could not get down till the fourth Day after the Messenger set out, viz. : till the 13th in the afternoon.
Soon after our first arrival at Conestogoe We gave the Chiefs of the Indians Notice of our Business, and upon Peter Bizaillon's coming, We appointed a meeting with them next Morning; Accord- ingly, We met with the Chiefs of the Mingoe or Conestogoe Indians, of the Shawanese & Ganawese, and some of the Delawares in Coun- cil, in which We spoke to them in the following Words, interpreted by Sentences, first from our Language into Delaware Indian by Peter Bizaillon, who took an oath faithfully to interpret between us and the Indians, and afterwards the same was interpreted into the three other Languages by Captn. Civility of Conestogoe, and Smith the Ganawese, who excells in the skill of those Languages.
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