USA > Pennsylvania > Colonial records of Pennsylvania, Vol. III > Part 28
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At a Council held at Philada, March 4th, 1725-6. PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour.
Samuel Preston,
Robert Assheton,
Willm. Fishbourn,
Thomas Græme. ,
Esq'rs.
The minutes of the preceding Council being read and approved, The Governour acquainted the Board, that to save time & the trouble of a Conference with the Assembly, upon an Amendment proposed to the Bill for Re-emitting & continuing the Currency, &c., he had sent the Reasons in Writing observed before at the Council Board to support the amendment of the aforesd. Bill, which were approved & are as follows, viz :
The Kings being invested with a power to mitigate the just seve- rity of the Law in Cases where the party appears to be a true object of Mercy, is one of the most valuable Benefits or privileges of the Subject, and is by the Common Law of England an essential part of the Constitution.
The King, in the Royal Charter to the Proprietor of this Province as well as in all the others of the like nature extant, does expressly restrain the Legislature of the Colony thereby erected & constituted, from presuming to Enact any thing into a Law which evidently ap- pears to be derogatory to his Royal Prerogative or inconsistent with the Common & Statute Laws of England.
Wherefore, if such a Clause as is proposed in this Bill be ever passed into a Law of this Province, it would not only subject the Go- vernour to a forfeiture of his Bonds for the due observance of his Majesties Royal Instructions ; but also, it would unquestionably give just Grounds for his Maties Attorney General to bring a Quo War- ranto against the Proprietors Charter, whereby the Proprietors and the Peoples Rights therein contained would be forfeited, and the pre- sent Constitution of this Colony dissolved. And these are the Rea- sons why the Governour, by the unanimous advice of the Council,
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peremptorily refuses on any Terms whatsoever to admit of the said Clause.
At a Council held at Philadia., March 5th, 1725-6.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour.
Saml. Preston, Robert Assheton,
Wm. Fishbourn, Thomas Græme.
Esq'rs.
The Govr. acquainted the Board, that the House of Representa- tives having considered the objections & Petitions agst. the Bill for encouraging the distilling of Spirits, &c., did not insist upon having it passed as it now stands ; Yet, notwithstanding he had sent it up, requesting that a proper Bill might be prepared for that purpose, They conceiving that it would tend to the Benefit of the Country ; Whereupon, the Govr. referr'd it to the members present to consider of the proper Substance whereof to fform such a Bill, against the next meeting of the Assembly.
Then the House being sent for, attended with their Speaker and the Governour, Passed into Laws the following Bills, viz :
An act for Re-emiting and continuing the Currency, &c.
An act for laying a Duty upon Negroes imported, &c.
An act for the better regulating Negroes, &c.
An act for the better enabling Gerhard Van Leer, &c., to Trade & hold Lands in this Province, and
An act for the better regulating Retailers of Liquors near the Iron works & elsewhere.
And the House being withdrawn, the Council was adjourned.
At a Council held at Philadelphia, June 22, 1726.
PRESENT :
The Honble Sir WILLIAM KEITH, Bart., Governour.
Richard Hill, Isaac Norris,
Anthony Palmer, Robert Assheton,
Henry Brooke, William Fishbourn,
Esq'rs.
Thomas Græme, Evan Owen,
The Council being met, upon the arrival of Major Patrick Gordon with a Commission from Springett Penn, Esqr., with the Assent of Mrs. Hannah Penn, and His Majesties Royal Approbation thereof, to be Lieutenant & Deputy Governour of the Province of Pensilvania and lower Counties of New Castle, Kent & Sussex upon Delaware, as in the said Approbation Expressed. The Governour, Sir William Keith, ordered two members of this Board to introduce the said Major Patrick Gordon, in order that the sd. Commission and Appro- bation might be read, which was done accordingly ; And Sr. William Keith being well satisfied with the Authority of the sd. Commission declared he had no objection thereunto, and immediately ordered the
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Keeper of the Great Seal to Affix the same unto the said Commis- sion, in order to its Publication, in pursuance of a Warrant from the Honble Springett Penn, Esqr., for that purpose. The Commission being returned Sealed, the same was forthwith published at the Court House, and the Council Adjourned.
At a Council held at Philadelphia, June 22d, 1726.
PRESENT :
The Honble PATRICK GORDON, Esqr., Governour.
Richard Hill, James Logan,
Isaac Norris, Anthony Palmer, Esq'rs.
Robert Assheton, Henry Brooke,
S r
His Honour the Governour before entring upon any publick Bu- siness, in presence of the above members, took the several Oaths & Qualifications by Law required, viz : The Oaths of Allegiance & Fi- delity to his Majesty King George, and of Abjuration of the Pre- tender ; likewise, the Oath directed to be taken by the Act of Parlia- ment of the 7th & 8th of King William the 3d, for the due observation of the Laws relating to the Plantation Trade ; as also, an Oath for the faithfull Discharge of his Office. After which, the Governour was pleased to make a Speech to the Board, wherein he amply ex- pressed his Duty to his Majesty & the Honble Proprietors Family, his Regard & Esteem for the members present, & generally his bene- volent Inclinations and kind Purposes towards this Colony and all the People under this Government.
He then proposed the Issuing of a Proclamation for continuing all the present Officers of the Government in the Exercise of their re- spective Offices and Duties, untill further Consideration should be thereof had, in order to prevent any ffailure of Justice, which was approved, & accordingly,
Ordered, that the Clerk do prepare a proper Proclamation for that Purpose, to be laid before the Board to morrow morning at nine o'clock, to which time the Council adjourned.
At a Council held at Philadelphia, June 24th, 1726.
PRESENT :
The Honble PATRICK GORDON, Esqr., Governour.
Richard Hill,
James Logan,
Samuel Preston,
Robert Assheton, Esq'rs.
William Fishbourn,
The Minutes of the preceding Council being read & approved.
The Clerk, according to order, laid before the Board a Draught of a Proclamation to be issued by the Governour, for continuing all the officers of the Government in the Exercise of their respective offices & Duties, till further Consideration should be thereof had, Which being read & approved the Governour Signed the same, and ordered it to be Sealed and Published forthwith.
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Ordered also, that Copies of the sd. Proclamation be sent, as soon as conveniently they may, to the Sheriffs of the Counties of Chester & Bucks, to be by them published in their respective Counties.
The Governour then informed the Board, that he had an express Instruction from the Honble Proprietors Family to restore the Lesser Seal into the Custody of Mr. Logan, as Secretary of the Government, of whose Fidelity & Zeal for their Service they were well assured, and thereupon delivered the same into Mr. Logans hands. But Mr. Logan, after informing the Governour how that upon some Dissen- tion between Sr. William Keith and he, the Seal had been taken and kept out of his Possession, Declared that he now received it no otherwise than as he should have occasion to use it in the regular transaction of the Proprietary affairs, and thereupon redelivered to the Governour.
At a Council held at New Castle, June 28th, 1726.
PRESENT :
The Honble PATRICK GORDON, Esqr., Governour.
Richard Hill,
James Logan,
Isaac Norris,
Robert Assheton,
Esq'rs.
John French,
William Fishbourn,
MEMORANDUM : That His Honr. the Governour, attended by the above Members of Council and a considerable number of Gentlemen from Philadelphia, being met also upon the Verge of New Castle County by the Magistrates & other public Officers thereof, and divers Gentlemen, Freeholders & Inhabitants of that neighbourhood, yes- terday in the Evening entered New Castle, and being attended as aforesaid rode directly up to the Courthouse, where his Commission to Lieutenant Governour of the Province of Pensilvania, & Counties of New Castle, Kent & Sussex upon Delaware, & his Majesties royal Approbation thereof were published.
The Minutes of the preceeding Council being read & approved, The Governour acquainted the Board that some Efforts had been made in England, & still were making to alter the Property of the Coun- ties on Delaware, by My Lord Baltemore on the one hand claiming by virtue of his Maryland Patent, & My Lord Sutherland on the other endeavouring to obtain from his Majesty a Grant of the said Counties, which being a matter that so nearly Concerns not only the Interest of the Honble Proprietor Penns Family, but also That of all the Freeholders & Inhabitants of the sd. Counties, he held it proper with all convenient speed to Call the Assembly thereof in order to acquaint them with those Measures, upon which he craved the Ad- vice of the Board, And it being considered that it is now the Season of Harvest, and will so continue for 2 or 3 Weeks, The Board is of opinion that the 20th of July will be a proper time for calling the Assembly, & accordingly,
Resolved that the Governour will Issue his Writs, directed to the Sheriff's of the several Counties, Commanding them to summon the
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Members of their respective Counties to meet him in Assembly, at New Castle, the 20th day of July next.
Colo. French then informed the Board, that the day before the Governours arrival, a Commission of Oyer & Terminer for the Tryal of Capital offences in these Counties had been issued by Sr. William Keith, on the Petition of a person for a speedy Tryal who was said to have killed his Servant, but that the Justices in the said Commission Assigned had not hitherto been Qualified to act by virtue thereof ; However, that another Commission of the same Tenor, unto which the said Justices had been Qualified, was still extant in the County of Sussex ; It was thereupon considered by the Board, that the said last mentioned Commission would reman in force by virtue of the Procla- mation now to be published, and that the same might continue till further Consideration should be thereof had, and,
Ordered, that Copies of the Proclamation, already published in the several Counties of the Province, be also published in each of the Counties of New Castle, Kent & Sussex.
Colo. French then Produced the Great Seal of the Governmt. of the Counties, acquainting the Governour that the same was estab- lished by a Law of the Country, and had been delivered to him as Keeper thereof by Sir William Keith, without any Commission, and deliveredit to the Governour, who having inspected the aforesaid Law, restored it to the Keeping of Colo. French, till further Order.
And then the Council adjourned.
At a Council held at New Castle, July 25th, 1726. PRESENT :
The Honble PATRICK GORDON, Esqr., Governour. Richard Hill, James Logan, r Isaac Norris, Samuel Preston, Esq'rs.
John French, Henry Brooke,
The Minutes of the preceeding Council being read and approved, The Governour informed the Board, that David French of N Castle, had been warmly recommended to him by many people, & especially by some Gentlemen of the Assembly, as a fit Person to be appointed Attorney General of the Counties of New Castle, Kent & Sussex, wherefore he intended to Commissionate him for that office if the Council had no objection thereunto, and no objection was made.
Then was taken into consideration the State of the Magistracy in the sd. Counties, and after mature Deliberation,
Resolved, that a new Commission be issued to the former Judges of the Supream Court, for hearing of Appeals, &c., viz : to Colo. John French & Samuel Lowman, Esqr., of N Castle County, Robert Gordon & Benjamin Shurmer, Esqrs., of Kent, Henry Brooke & Jonathan Baily, Esqrs., of Sussex, and that they be also thereby appointed Commissioners of Oyer & Terminer & General Gaol Deli- very in the sd. Counties, with Power to Nominate their own Clerk in all Tryals of Criminals, and that the sd. Commission do issue with all convenient speed.
11*
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Resolved also, that new Commissions of the Peace be issued for the several Counties, and that Colo. John French, Robert Gordon, Joseph England, Charles Springer, John Richardson, James James, William Battell, David Evans, Andrew Peterson, Ebenezer Empson, Hans Hanson, James Dyre, Samuel Kirk, Richard Grafton & Simon Hadley, be Commissionated Justices for New Castle County.
And that Robert Gordon, Benjamin Shurmer, Richard Richardson, Charles Hillard, Thomas French, Mark Manlove, Timothy Hanson, John Hall, James Worrell, Joseph Booth, junr., John Brinklow, Thomas Berry, George Nowell, John Houseman, John Tilton, Wil- liam Manlove & Hugh Durborrow, be Commissionated Justices for Kent County.
And that Henry Brooke, William Till, Philip Russell, Samuel Rowland, Woolsey Burton, Simon Kollock, John May, Jeremiah Claypoole, Jacob Kollock, Thomas Davis, John Jacobs, Samuel Da- vis & Joseph Cord, be Commissionated Justices for the County of Sussex.
The Board being informed that there are some Negroes Prisoners now in the County Goal of Sussex, committed thither for certain Crimes. Resolved, that a Commission for the Tryal of Negroes, ac- cording to a Law of these Counties be issued, and that the same be Directed to William Till & Philip Russell, of & for the sd. County of Sussex.
And then the Council adjourned.
At a Council held at Philadelpiha, August 2d, 1726.
PRESENT :
The Honble PATRICK GORDON, Esqr., Governour.
Richard Hill,
James Logan,
Samuel Preston,
Anthony Palmer, Esq'rs.
Robert Assheton, Henry Brooke,
The minutes of the preceeding Council being read & approved ; also was read a Draught of a Commission to be issued for constitu- ting the Supream Court in the Lower Counties, pursuant to a reso- lution of the Board, at New Castle the 25th of July last, which was also approved.
Then the Governour laid before the Board a Speech in Writing which he intended to make to the House of Representatives, desiring the opinion of the Council thereupon.
The Speech was unanimously approved of by the Board, and the House of Representatives being sent for attended with their Speaker, to whom the Governour spoke as follows, viz :
" Mr. Speaker & Gentlemen of the Assembly :
" After my Arrival here with my Family, I earnestly wished for " the Opportunity your own Adjournment has now given me of see- " ing & speaking to the Representatives of the good People of this " Province, whose general character for Sobriety & Industry, above " many other of his Majesties Subjects, added much to the pleasure
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" I received from our Honble Proprietors Nomination of me to serve " them and you in this Station.
" And I question not, Gentlemen, but all those who have a due " sense of Gratitude for the Merits of the worthy Founder of this " " Colony under the Crown, will be very well pleased to find, by my " Accession, that no Disputes amongst his Descendants could dis- " able them from pursuing the common Measures, according to their " undoubted Right, in substituting their Deputy for the Administra- " tion of this Government, nor prove any Obstruction to the Kings " Gracious Approbation of their Appointment.
" His Majesties Concurrence is what all men might rationally "expect from a Sovereign, whose innate Goodness, impartial Justice, " & unwearied Vigilance, not only for the Security & Liberties of " his Subjects, but for the general Benefit & Freedom of Mankind, " have made him the object of the Love or Terror of the Nations "round him & the Proprietors Family. I assure you, Gentlemen, " express so sincere a Zeal & so tender a Concern for your Happi- " ness, that principally on this Foundation I hope to recommend " myself to their Regard; For their Interest & yours they esteem " inseperable, & consider those as Friends to neither who would at- " tempt to Divide them.
"From hence it is that I, in a great measure, account to myself " for their Choice of me before divers others who solicited their Fa- " vour, For Knowing that I had been bred to the Camp, remote from " the refined Politicks which often serve to perplex mankind, And " that an honest Plainness, free from Art or Disguise, made up the " main of my Character, amongst my Friends & Acquaintances, the " Honble the Proprietors rightly Judged, that such a Person could " form no views, but what would be openly avowed, and therefore he " understood by every Man they could affect.
" This notwithstanding might lay me under some Discouragement, "lest on nicer Occurrences, I might fail in the Discharge of so im- " portant a Trust, but I have even been perswaded ; that to do Right "is not so difficult a Task, as some would render it. In Emergencies " of Weight & Moment, I shall endeavour to Fortify myself with " the Advice of the Representatives of the People, when it may be " had, and at all Times, with the Judgment of such only as I can be " assured have the true Interest of the Publick, so seriously at heart, " that nothing private can interfere with it.
" To discountenance Parties, Divisions, & Factions in Government, " to maintain Right & Justice, to promote Vertue, to suppress Vice, " Immorality, & Prophancss, to assist & protect the Magistrates in "Discharge of their Duty herein, to Encourage Legal Trade, & to " use the Indians well, as they are plain, so they are the principal " matters I have in Charge, in all which I shall depend on the Con- "currence of the Assemblys of this Province where any further " Provision by Laws to be Enacted for any of the said Purposes may " be necessary, and on my part, nothing in my Power shall be want- " ing to Enforce their Execution.
" To transmit our Laws duely to his Majesties Privy Council, pur-
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" suant to an Injunction in the Royal Charter, and to have a proper " Agent appointed, is another Article, Gentlemen, I am to Recom- " mend, & you will easily perceive this to be of such Importance, " that I promise myself, it cannot fail of your serious thoughts & " Consideration.
" These Heads, Gentlemen, I judged necessary to mention toge- " ther at this our first meeting, which may now, or hereafter, at the " most proper Seasons be duely Considered, To which I shall only " add, that to secure the Peace, & advance the Prosperity of the " People of this Province, and to concur with their Representatives "in such measures as may best obtain these Ends being Equally my " Duty & Inclination, for what relates more immediately to my Self, " I shall so far depend on their Goodnes & Justice, as to hope I shall " never have occasion to put them otherways in mind of it, but that " we may on both sides rest secure of an honourable discharge of " what is incumbent upon us, reciprocally to each other.
At a Council held at Philadelphia, 25th August, 1726.
PRESENT :
The Honourable PATRICK GORDON, Esqr., Lieut. Governour. Richard Hill, James Logan, Esq'rs. Isaac Norris, Samuel Preston,
Robert Assheton,
Henry Brooke,
William Fishbourn,
The Minutes of the preceeding Council being read the Governeur proposed the taking into Consideration the issuing new Commissions of the Peace in this Province, Whereupon some members observed, that the Commissions which heretofore used to run in the Proprietors Stile had for some years past been disused, & lieu thereof the Kings Stile introduced, and proposed, that that Mark of the Proprietors Power & Authority should be again restored in issuing of these Com- missions ; To this most of the members spoke in their Turn, and agreed that as this is a Proprietary Government, in which the Go- vernour himself derives his Commission and Authority from the Pro- prietor & is only approved by the King, it were proper, that all other Commissions in the Government should issue in the Proprietors Stile, But it being considered that the Disputes in the Proprietary Family are not as yet fully settled ; The Board is of opinion that it will be more convenient for the present that the Commissions be issued of late in the Kings Stile, tested by the Governour, and that in the Teste the Proprietors Power & Authority shall be sufficiently expressed & acknowledged.
The Governour advising with the Board about filling up the Com- mission of the Peace for the County of Chester, the following Persons were agreed on, vizt : John Wright, Richard Hayes, Henry Pearce, Nathaniel Newlin, John Wood, Henry Hayes, Isaac Taylor, Elisha Gatchel, Samuel Nutt, John Crosby, Abraham Emmet junr., Thomas Reid, George Assheton, Tobias Hendricks, Andrew Cornish, Mercer Brown, Evan Lewis & Wm. Pyle.
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Resolved also, that the following be commissionated Justices for the County of Philadelphia, vizt :
Isaac Norris, James Logan, Anthony Palmer, Samuel Preston, William Fishbourn, Edward Farmer, Clement Plumstead, John Swift, Charles Read, Robert Fletcher, Thomas Laurence, Evan Owen, Edward Roberts, Thomas Fenton, Richard Harrison, Joseph Asshe- ton, Derrick Jansen, & Owen Evan of North Wales.
At a Council held at Philadelphia, 15th Septemr., 1726.
PRESENT :
The Honourable PATRICK GORDON, Esqr., Lieut. Govr.
Richard Hill,
Robert Assheton,
James Logan,
Henry Brooke,
Esq'rs.
Samuel Preston, William Fishbourn,
The minutes of the last preceeding Council were read & approved.
The Governour proposed it to be considered by the Board, before they entred on any other Business, whether it might not be advise- able in divers Respects to appoint some other Person to officiate as Clerk of the Council, for altho' the present Clerk appeared fully ca- pable of discharging that Trust, Yet as he is known to lie under deep Engagements to that Party, who are at this time manifestly endea- vouring to disturb the Repose of the Publick, It may not be expedient to admit him as a Witness to all the Consultations that may neces- sarily be entred on here ; And thereupon the Governour proposed Robert Charles, a young Gentleman he had brought over with him as his private Secretary, in whose Fidelity, he assured the Board, they might fully confide, to supply the Place of the other, if the Council should think fitt to approve of him. The Board readily agreed, that a Change might be expedient, But as it highly concerned all the Members, that the Minutes of their Consultations should be faithfully taken & kept, The Governour was requested that they should be under the Direction & Keeping of James Logan, & He was desired to inspect & assist in the Draught of them, and thereupon the said Robert Charles was admitted.
The Governour then acquainted the Board, that the occasion of his calling them at this time, was, that the Commissions to the Pro- vincial Judges, which were necessary to be renewed against the ap- proaching Court, should be considered and whether there ought to be any Alterations made in the Persons who were to be constituted.
These Persons being David Lloyd, Richard Hill & Robert Assheton Esquires, It was thought proper at this time, that the first, vizt: the Chief Justice should be continued, as well as the second, But Robert Assheton finding that some objections had been made against his sitting in the Supream Court, while he was Recorder of the City of Philadelphia, desired that he might decline this Commission, But as this might be construed by the People, who had on some late occa- sions expressed. too little Regard to his Station, to be a Diminution of his Honour & Reputation, that Point ought carefully to be guarded
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by this Board, for that as the said Robert Assheton had been invited over into this Countrey by the Proprietor himself, as his near Rela- tion, above twenty seven years since, to take upon him some advan- tageous Posts in Clerkship, for which by his Education he was very well qualified, and that he had with great abilities for about twenty six years filled the office of Clerk & Prothonotary of the City & County of Philadelphia, there should be all due Regard shew'd to him by this Board, and his Reputation be supported & defended in the legal Discharge of his Trust & Duty, in which he was desired to use all due Circumspection, that no envious or other Person might have any just advantage against his Character, or against the Administra- tion on his account in any Respect whatever.
And it was then inquired, what Powers the said Robert Assheton was invested with, as Recorder of the City of Philadelphia, And the City Charter being produced & considered, It was the unanimous opinion of the Board, that his office of Recorder fully invested him with all the Powers of a Justice of the County & City of Philadel- phia, to all Intents & Purposes whatsoever, and that by Vertue of his said Office he might legally discharge all the Powers & Duties of a Justice of the said County, as fully as if he were named in the Ge- neral Commission, only he was advised, that he should not sitt on the Bench judicially with the other County Justices, because as he is Clerk of the Peace & Prothonotary of the Court of Common Pleas, some umbrage might be taken at his acting in both these Stations.
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