USA > Pennsylvania > Colonial records of Pennsylvania, Vol. III > Part 27
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And the said James Logan & Thomas Lawrence, are further di- rected by this Board to use all proper and legal means for securing & recovering the forementioned Residue of the said Goods, or the Value thereof, out of the Hands of the several persons detaining or refusing to deliver the same for the purposes aforesaid, and to make Report to this Board of their proceedings herein.
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MINUTES OF THE
At a Council held at Philada., Octr. 15th, 1724.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart. Governour.
Richard Hill
James Logan,
Robert Assheton,
Henry Brooke,
Esq'rs.
William Fishbourn,
The Minutes of the preceding Council being read, the Report of the Auditors of the Accots. & Demands of the Mariners who imported certain Goods saved from the Wrecks of the Jenny Pink of London, and Minehead of Bristol, being called for was also read, and it ap- pearing to the Board that due Care had been taken by the said Au- ditors in examining & adjusting the same, & that thereby there is found due to the said Mariners in all, the sum of One hundred & forty seven pounds eight Shillings 3}d. Proclamation Money.
ORDERED, That James Logan & Thomas Lawrence, the Trustees for the Owners of the foresaid Goods, do satisfy the Claims of the several Mariners according to the said Report, every of the said Mariners first proving by Oath made before the Mayor or Recorder of this City, that they were Shipt at the time & for the Wages men- tioned in their Accots. mentioned to the said Auditors, and also clearing themselves by Oath from having embezled any of the Goods saved from the said Ships, and from being interested in any other Goods so saved than what they here imported, And also declaring upon Oath that they received no part of their Wages in Jamaica or elsewhere.
A Petition from Jonathan Swain, Master of the Sloop Two Bro- thers, was read at the Board, representing that his said Sloop was unjustly under Seizure of the Collector of the Port of Philada., and praying the Board to interpose for his Relief; as also that he may be allowed his Freight for the forement'd Wreck Goods, amounting to thirty Six pounds. The substance of which Petition being consi- dered, It is the opininon of the Board, that so far as it relates to the Seizure it doth not regularly ly before this Board, but the Members present do request the Governour that he would be pleased to inter- pose so far therein as to remove any just cause of Complaint on the part of the said Swain on that accot., And for the Freight he is re- ferred to James Logan and Thomas Lawrence, to be by them satisfied for the same as far as they shall think justly to be his Due.
Then the Governour ordered to be read a Petition from Jonn Mit- chel in behalf of his Wife Ann, who now lyes in the Goal at Philada. under Sentence of Death for Burglary, (but reprieved) representing that his said Wife is big with Child, and praying that for the preser- vation of the Infant she may be released out of Prison, on Condition that she shall never return into this City during the Petitioners Life. The Board having considered that the said Ann Mitchel is a proper object of Mercy, do recommend her as such to the Governour for a Pardon.
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PROVINCIAL COUNCIL.
At a Council held at Philada., Febry. 10th, 1724 -- 5. PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour.
Richard Hill,
James Logan,
Esq'rs.
Colo. John French, William Fishbourn,
The Governour acquainted the Board that he had received two Bills from the House of Representatives, which according to his con- stant Custom he meant to have revised & considered by the Board. The first, entituled An Act to prevent the Exportation of Bread & Flour not merchantable, was read, and the Governour proposed some Amendments to it, whereof the Board approved.
Then was read the other Bill, entituled an Act to enable Jeremiah Langhorne, William Biles, Joseph Kirkbride, junr., Thomas Watson, Practitioner in Physic, and Abraham Chapman, to build a new Court House & Prison in the County of Bucks.
The Governour declared his own Sentiments thereof to be, that the Bill in itself was needless and even unreasonable, seeing it would lay a Hardship upon the Inhabitants of the Burrough of Bristol and other parts of Bucks County, but as the House of Re- presentatives seemed strenuously to insist upon it, and that no Petition or Representation from that County appeared against it, He thought it not of so much consequence to the publick as to engage him in a dispute with the House thereupon, to the delay of other publick business ; Nevertheless, he proposed to offer an Objection to the Bill in general.
Then a Petition from John Cathcart to the Govr. was read, setting forth & praying relief against some difficulties he lies under through the Collectors, refusing to grant him legal Permits for the Exporta- tion of certain goods condemned to be forfeited in this Port, and by him purchased from the Sheriff at public Sale. The Governour hav- ing read to the Board some Clauses of a late Act of Parliament and of his Instructions from his Majesty relating to these matters, & after it was argued & fully spoke to by every member present, The Board were of opinion, that the said John Cathcart had a Right to obtain from the Collector proper Certificates, declaring the manner how he came to be the Proprietor and lawfull owner of the Goods which by Order of Law were sold to him by the Sheriff at publick Sale, and to export the same, with such clearances as by the practice of the Cus- toms in England, and in the other Colonies, are usually granted in the like cases where Goods have been legally Condemned and sold for the Kings use.
Then a Petition from divers Palatines was read, praying that the Govr. & Council would recommend them to the favourable usage of the Proprietors Agents, and that they might be allowed to purchase Lands in this Province, &c. The Petition is referred to Mr. Logan, & the rest of the Proprietors Agents to consider thereof, & to Report their opinions to the Board concerning the same.
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MINUTES OF THE
At a Council held at Philada., March 9th, 1724 -- 5.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour.
Richard Hill,
James Logan,
Isaac Norris,
Samuel Preston,
Anthony Palmer,
Robert Assheton.
Esq'rs.
William Fishbourn.
The Minutes of the preceding Council were read, and some small amendments made thereto.
Then Mr. Logan stood up, having a printed Paper in his Hand, and complained that in that paper he found himself very much in- jured in his Character, and saying that if the Charge therein were proved against him, He should be unworthy to sit any more at that Board, and was about to read it. But the Governor interrupted him, giving the Board to know that there was publick business of the Province before them which being of much greater consequence ought first to be discuss'd. Mr. Logan insisted that then was a pro- per time to justify himself. To which the Govr. said, seeing Mr. Logan was so earnest upon it he should not want an opportunity, & . that soon to vindicate himself if he could, but that the publick Business ought not to be postponed, therefore Mr. Logan then re- quired that it might be to morrow morning, at which the Governour declared that he was very well prepared to enter upon that Debate, but had other business in the morning; Another member then pro- posed Friday morning, being the 12th instant, which time is agreed to, and then Mr. Logan without any farther saying withdrew from the Council.
There was read a Bill from the House of Representatives, entituled An Act to regulate the practice upon Writs of Summons and Arrests. Amendments proposed were :
That the Writ of Summons therein mentioned should be in the Kings stile as other Writs, and that filing the Declaration by the day of the Return shall be sufficient.
Then was read another Bill from the House, entituled An act for the better securing the City of Philadelphia from the danger of gunpowder. As also, a Petition of Sundry Inhabitants of the said City, setting forth that the place appointed by the sd. Bill for erecting a Powder House was dangerous to the City in general, & of great detriment to the Petitioners in particular.
It is recommended to Richard Hill, Isaac Norris, Robert Assheton, & Wm. Fishbourn, Esqrs., or any two of them, to view the place in- tended for the erection of the Powder House, & report their opinions of the Propriety thereof to the next Council.
And another Bill, entituled An act for raising of County Rates & Levies, is also recommended to the perusal of the same members till the next meeting of Council.
Then the Council was adjourned till Friday, at 10 o'clock.
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PROVINCIAL COUNCIL.
At a Council held at Philada., March 12th, 1724 -- 5.
PRESENT :
The Honourable Sir WILLIAM KEITH, Bart., Govr.
Richard Hill,
James Logan,
Isaac Norris,
Samuel Preston,
Anthony Palmer,
Robert Assheton.
Esq'rs.
William Fishbourn.
The Minutes of the preceding Council were read and approved, & then Mr. Logan observing, that in the Governours Letter to Mrs. Penn, lately printed in the Journal of the House of Representatives. He was charged with having added unto or falsified some part of the minutes of this Board. He declared himself to be innocent of the Fact, and therefore desired that the Governr. would be pleased to ac- quaint the Board with the particulars on which the said Charge was founded.
Hereupon the Govr. said, that he was glad of this opportunity to lay before the Board a Paper originally in Mr. Logans hand writing, which some Months after the Date he had very accidentally found to be conveyed amongst the rough Draughts of the Minutes of Council, in order to be engross'd by the Deputy Clerk, as a part of the Minute of April 16th, 1722. That the said Paper or intended minute had not only as yet never been seen at the Board, but also not one of the members then present and principally concerned therein had been at the time advised with upon or acquainted therewith, neither had Mr. Logan untill now ever attempted to support the Truth of Credit of the said paper at this Board, notwithstanding he had been called upon by a written Message from the Governour, October the 17th of that year, and more particularly by the Copy of a Paper sent to him by Colo. French, as the substance of what the Governour in- tended to enter as his Remarks on Mr. Logans said Paper, in case it should ever be approved of as a minute of this Board.
The several Papers were read, and Mr. Logan in his Defence said, That he was at that time principal Secretary and Clerk of the Coun- cil, and then acted by his Deputy, George Barclay, who was also Clerk to the Governour. That at the request of the sd. Barclay, who frequently desired of him the like assistance, he had drawn up the sd. Minute in the same manner and with the same care he usually did others, and within a Day or two after, to the best of his memory, he delivered it to his said Deputy, and that he had never seen it from that time till about six months after, when the Gov. sent it to him with an exception to it, that if it had not been read at the Board as it ought to have been, He conceived it was through a general neglect of the same kind, especially that year in which scarce any former minutes had been there read; But that he was very positive every thing therein contained was said at the Board at that time, and appealed to the memories of four of the members now present who were also at that Council, who agreed that the substance of what the said Paper contains was said that day at the Board, but did conceive, that had the Minute been then or soon after read and considered,
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MINUTES OF THE
every member there would have readily agreed to any alteration in the expression that might under the Entry on the Minutes to general Satisfaction.
The Governour seemed chiefly to insist upon the manner of ex- pression as indecent towards him, and consequently dishonourable for that Board to make use of, and then observing that the Minutes from that day had not been duly revised, was pleased to propose that the Council would appoint a time to revise and settle them that they might be engrossed, and that they now would consider what should be ordered concerning the Minute in Debate.
Then some Debates ensuing between the Governour and Mr. Logan, the further consideration was referred untill to-morrow morning at 10 o'clock, to which time the Council was adjourned.
At a Council held at Philada., March 13th, 1724-5.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour. Richard Hill, Isaac Norris.
Saml. Preston,
Robert Assheton, Esq'rs.
Wm. Fish bourn,
The Minutes of the preceeding Council were read, but the Gover- nour observing that Mr. Logan was not then present, proposed to delay the approbation thereof till the next meeting of Council.
The members to whose consideration was referred the Bill for re- gulating the Practice upon Writs of Summons & Arrests Reported that they had examined the same, and the Board proposed some amendments thereto.
The same members to whom it was recommended to view the place proposed in a Bill for building a Powder House, Reported that they found the Inhabitants at the end of the City very uneasy about it, and there being two Petitions against the Bill read at the Board, and some other inconveniences observed, the Governour proposed to Return it with the Petitions to the House for their further conside- ration. Then was read & considered, paragraph by paragraph, a Bill for raising of County Rates & Levies, and several amendments proposed thereto.
Martha Hunt, (some years ago condemned to Imprisonment for Life and now a Prisoner in Philada. Goal) having obtained a Re- commendation from the Chief Justice and several of the magistrates of Philada. as an object of the Govrs. Mercy, the same was read, and the Board being of the same opinion, viz : That the said Martha Hunt is a proper object of Mercy.
Ordered, That the Clerk make out a proper Pardon for the Gover- nour to sign in favor of the said Prisoner, &c.
A Bill for regulating & establishing ffees in this Province was re- ferred to the persual of Mr. Hill and Mr. Fishbourn, and to Report their opinions thereof to the next Council. Then the Council was adjourned till Munday the 15th instant, at 10 o'clock.
245
PROVINCIAL COUNCIL.
At a Council held in Philada., March 15th, 1724-5.
PRESENT :
The Honble Sir WILLIAM KEITH Bart., Govr.
Richard Hill, Isaac Norris,
James Logan, - Esq'rs.
Saml. Preston,
Antho. Palmer,
Robt. Assheton,
Wm. Fishbourn.
The Consideration of the Minute of 16th April, 1722, being reassumed, It is the opinion of the Board, That altho' it did appear unto them that Mr. Logan had not any intention in his Draught of that days minute, to add unto or falsify any part of the genuine Sense of the Board at that time; Yet as the Governour has ex- pressed a dissatisfaction with all the latter part of the said Minute as reflecting upon him in language arising (as 'tis supposed) from the warmths of the Debate, but is of no real service to be put upon the Record.
Therefore, that all that part of the sd. minute from the words [justify him in it] may be left unrecorded, excepting the following words for a Close of the Minute, viz : [however as the matter seemed to them to relate to an affair of Property, they conceived it lay not properly before the Board to take any Cognizance of the matter,] and that all the part preceeding the said Sentence shall stand as in Mr. Logans Copy ; Unto which unanimous opin- ion of the members present the Governour assented, and the Clerk was ordered to Engross the same upon the Records of Council accordingly.
Then was read the Bill for regulating & establishing ffees, &c., and the Council being unanimously against the Bill as it is now offered. The Governour proposed to send the following Escript by way of amendment to the House of Representatives, viz : "It " does not appear to the Governour that their has been any com- "plaint made against any of the Officers for having taken exor- " bitant ffees; and therefore since the Govr. at the Request of " the House of Representatives, even contrary to his own Senti- " ments at the time, did about two years ago Pass a Bill of the same "kind, whereby the ffees of the several Offices seemed to be reduced " to the very lowest proportion, he cannot think it will be decent to "trouble the Crown with another Act of the same nature untill we " first know the fate of the last. Besides, this Bill containing many " things which are inconsistent with the Laws & Constitution of Great " Britain, The Governour cannot Pass it in the Terms it is now con- "ceived, and therefore proposes that it may be delayed untill the "next meeting of the Assembly."
Which being approved, the same was sent accordingly.
Vor. III .- 11
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MINUTES OF THE !
At a Council held at Philadelphia, March 18th, 1724-5.
PRESENT :
The Honourable Sir WILLIAM KEITH, Bart., Govr.
Isaac Norris, Antho. Palmer, Esq'rs.
Robert Assheton, Wm. Fishbourn,
The Minutes of some preceeding Councils were read, but their ap- probation deferr'd till a fuller Board.
The amendments proposed by the Governour in Council to several Bills from the House of Representatives being returned, together with the Houses Resolutions thereupon, the same were read, and some further amendments proposed to the Bill for raising County Rates & Levies, to be sent together with the Bills to the House of Represen- tatives.
Came in Richard Hill, Esqr.
The amendments being proposed and read at the Board, the Go- vernour sent them to the House accordingly.
At a Council held at Philada., May 7th, 1725.
PRESENT :
The Honble Sir WILLIAM KEITH, Baronet, Governour. Richard Hill, Samuel Preston,
Antho. Palmer,
Robert Assheton, Esq'rs.
Wm. Fishbourn.
The Minutes of Council of March 12, 13, 15 & 18th last past were read & approved, & ordered to be engrossed.
Came in Isaac Norris, Esqr.
Then a Representation of the Commissioners of the County of Philada., relating to Frankford Bridge and the high Road passing that way, was read & Considered.
It is recommended to Richard Hill & Isaac Norris, members of the Board, to enquire whether the present high Road through Frank- ford to Burlington be a confirmed Road; and if it be found not to be so. Ordered, That Anthony Palmer & Francis Rawle, Esqrs., Job Goodson, Thomas Chalkley, Edward Brooke & Benj. Fairman, do view the said Road as far as the Division between the Counties of Philada. & Bucks, and make Return therof, with such alterations as they shall find to be of least damage to the neighborhood and great- est advantage in general, unto this Board as soon as conveniently they can.
Then was read a List of Persons names proposed by the Gover- nour to be commissionated Justices of the Peace, He finding it proper to issue new Commissions because of the Death & absence of sundry Gentlemen in the last Commissions, to which List some addi- tions were proposed & agreed to.
Ezekial Harlin having made application for five pounds to be paid him, as a Reward for his Services as an Interpreter, of the Indian Tongues some time ago at Indian Councils, the said demand by the
247
PROVINCIAL COUNCIL.
Board is allowed to be just, and it is recommended to the Treasurer to obtain the Assembly's order for its being paid out of the Provin- cial Treasury.
At a Council held at Philada., Febry. 24th, 1725-6.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour.
Samuel Preston, Robert Assheton, Esq'rs.
William Fishbourn,
The Governour observed to the members present, that as there was great difficulty in getting a sufficient number together to assist in Council, some members not attending, some living at great dis- tance whose assistance could seldom be had, and others being dead whose places were not yet supplied, it was absolutely necessary to call some new members to the Council board, and nominated Doctr. Thomas Græme for one, of whom the members present unanimously approved. The Governour then desired Mr. Preston & Mr. Fish- bourn to name some person amongst their friends fit to be called, and Evan Owen, Esqr., was named and approved.
ORDERED, That the Clerk wait upon the said Doctr. Thomas Græme & Evan Owen, Esqrs., and signify to them the Governours call of them to the Council Board, and desire their attendance to morrow at 3 o'clock, in order to their Qualification & admission.
The Governour then said, that altho' there was not the usual Number present which makes a Quorum, yet seeing it was what he could not help, there was a necessity of proceeding to business with those that did attend, and accordingly, A Bill from the House of Representatives entituled an act for the better regulating the Re- tailers of Liquors near the Iron Works & Elsewhere, was read and considered.
Then a Bill intituled, An act for laying a Duty upon Negroes im- ported into this Provice, was read & considered.
Then another Bill entituled, An act for the better regulating of Negroes in this Province was considered, & with the other two bills referr'd to the further consideration of the members present, or any two of them, and to report their opinions concerning the same at the next meeting of Council.
Then was read a petition of a number of the merchants of Philada. against laying of any duty on Rum under proof imported into this Province, which is referr'd to further consideration when the Bill to which it relates comes up.
At a Council held at Philada., ffebry 25th, 1725-6.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour.
Samuel Preston,
Wm. Fishbourn,
Robert Assheton, Esq'rs.
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MINUTES OF THE
The minutes of yesterday were read and approved, and the Clerk, according to the order of yesterday, having waited upon Thomas Græme and Evan Owen, Esqrs., and made known the Governours Call of them to the Board, the former attending, and having taken and subscribed the usual Qualifications, took his place at the Board accordingly.
The Governr. acquainted the Board that Mr. Owen had been with him desiring to be excused from Qualifying as a Councellor for some days, he being then upon the Assembly, to which the Governour had acquiesced.
Then again were read & considered the bills for the better regu- lating of Negroes, and for the better regulating the Retailers of Liquors near the Iron Works, &c., and divers amendments proposed and agreed to by the Board, which are ordered to be transcribed fair by the Clerk to be returned with the bills to the House of Re- presentatives to morrow morning.
The Bill for laying a Duty on Negroes imported, &c., and another Bill for the better enabling Arent Hassert, Ulrick Hageman, and others therein named, to trade and hold Lands, &c. in this Province, were read & considered, and with some small amendments returned to the house. As was likewise, a bill entituled An act for re-emit- ting and continuing the Currency of such Bills of Credit of this Pro- vince, as by former acts are directed to be sunk and destroyed, and for the striking & making current 10,000 Pounds in new Bills to supply those that are torn and defaced.
At a Council held at Philada. ffeb. 26th, 1725-6.
PRESENT :
The Honble. Sir WILLIAM KEITH, Bart. Governour.
Samuel Preston,
Robert Assheton,
Wm. Fishbourn, Thomas Græme,
Esq'rs.
The Minutes of the preceding Council were read & approved, Then was read a bill from the House of Representatives, entituled An act to encourage the distilling of Spirits from Melassos, Corn and ffruit, in this Province, which being duly considered, it is the unanimous opinion of the Board that this Bill, if passed into law, would in no wise prove beneficial to the Country, wherefore the members request- ed the Governour to make a general objection to the bill, which he did accordingly, as follows :
The Governour & Council having deliberately considered this Bill, as also the Petitions of the most considerable Inhabitants & Traders of this City against it.
They are unanimously of opinion that some Clauses therein would very much aggrieve and burthen the fair Trader, and would only serve to enrich a very few particulars at the public Expence. They conceive that the Bounty of one penny pr. Gallon on Molasses, and the 4th rebate of Excise to Retailers, with the additional Charge of Officers ffecs would wholly eat up & destroy the Revenue of Excise
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PROVINCIAL COUNCIL.
which the Governour & Council esteems to be a necessary Revenue, in order to sink such sums as are annually applied to the support of Government and other incident Expences.
Moreover, they are apprehensive that such a Bill would probably. Encourage or give a Handle to the adulteration, not only of our own Spirits but even of Rum imported from the West Indies, to the great prejudice of the Health of the Inhabitants as well as the usual course of the Trade of this Province.
Wherefore, the Governour & Council do altogether disapprove of this Bill, but at the same time they are of opinion, that so soon as the art of Distilling in this Province shall be brought to that perfec- tion as to manufacture bona fide, a net wholesome Spirit to pass the strict examination of a proper officer, before it is exported or exposed to Sale, such an improvement will justly deserve the encouragement of a reasonable Bounty out of the public Treasury.
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