USA > Pennsylvania > Colonial records of Pennsylvania, Vol. III > Part 29
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Upon Mr. Assheton's declining the said Office of Provincial Judge, the Governour desired the Board to consider of a fitt Person to be appointed the third Judge in his Stead, And Jeremiah Langhorn Esquire being named, the Board unanimously agreed, that he should accordingly be appointed & putt into that Commission.
At a Council held at Philadelphia, 23d September, 1726.
PRESENT :
The Honble PATRICK GORDON, Esqr., Lieut. Governour.
Caleb Pusey,
Anthony Palmer,
James Logan,
Robert Assheton,
Richard Hill,
Henry Brook, Esq'rs.
Isaac Norris,
Willm. Fishbourn,
The Minutes of the preceeding Council being read & approved.
It was observed that some Members of this Board had of late not taken their Places, nor been entred on the Minutes of Council ac- cording to their Seniorities, And it was therefore moved and agreed to, that the Minutes should be searched for a Rule therein, to be observed for the future.
The Governour acquainted the Board, that one Alexander Mollis- ton of the County of Sussex had about seven or eight days since brought him a Petition, complaining of some Abuses he had received in that County-that the matter of it, in the Governours opinion, was fitt for the Cognisance of this Board, that most of the Members
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having been absent at Burlington this week, the man had stay'd till their Return, that now therefore he desired the Board to take it into Consideration.
It was observed hereupon, that if the Complaint be for abuses re- ceived, the Complainant has his Remedy at Law, but can have none from this Board, and therefore it may not lie properly here, nor be fitt for this Board to take any Cognisance of it.
But it was said the Complaint lay against a Magistrate who by Vertue of his Authority, as such, had injured the Complainant, that his Commission screen'd him from the Prosecution of the Complain- ant, and that the conduct of that Magistrate in his County is such as requires the Notice of this Board, Whereupon the said Mollistons Petition was read setting forth sundry abuses the Petitioner had suf- fered from William Till, who as a Magistrate, & by his Influence on the Court of the County, had admitted divers arbitrary Acts, by means of which the Petitioner was utterly disabled from following his Employment & providing Bread for his Family, and therefore prays the Governour to grant him a suitable Relief therein.
After reading of which, one of the Members likewise informed the Board, that the same Justice William Till had some months agoe brake open & Kept up a Letter wrote & sent by James Steele of Philadelphia to Robert Frankland, Surveyor of the County of Sussex, inclosing some Copies of an Address from a late Assembly of the lower Counties to the Governour Sir William Keith, in the beginning of his Administration, which were thought proper to be distributed for the Proprietors Service, that the said William Till had most contumeliously treated the said James Steel on that occa- sion, tho' he had acted therein for the Proprietors Service only, & as his officer, and had not given either the said William Till, or any reasonable Person, any just occasion to be offended with his Pro- ceedings in that Affair.
Another Member likewise, that in a late Assembly of the three lower Counties, Mr. Till had used most indecent & disregardful Ex- pressions of the Proprietary Family.
Upon due consideration of all which the Board was unanimously of opinion, that the said William Till had made an indiscreet use of the Powers with which he had been invested, and therefore that he should be superseded; And a new Commission of Peace being to be issued for the said County, the following Persons are agreed on to be inserted in the same, vizt : Henry Brooke, Richard Hinman, Philip Russel, John Roades, Woolsey Burton, Samuel Rowland, Jeremiah Claypoole, Jacob Kollock, John Jacobs, Samuel Davis, Joseph Cord, Robert Shankland, George Walton & Enoch Cumings.
At a Council held at Philadelphia, 4th October, 1726.
PRESENT :
The honble PATRICK GORDON, Esqr., Lieut. Governour. Richard Hill, Robert Assheton, Isaac Norris, Henry Brook,
Samuel Preston,
William Fishbourn,
Esq'rs.
Antho. Palmer,
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The Governour acquainted the Board, that he had observed fre- quent Riots and disorderly Practices, had been committed of late within this City, an Instance of which appeared in burning down in the open Market Place the Pillory and Stocks, on the Evening of the first instant, & therefore proposed to issue a Proclamation for sup- pressing such tumultuous Proceedings for the future, & to excite the Magistrates & other Officers of the City to a more strict Discharge of their Duty in preserving the Publick Peace & suppressing all such Disorders, To which the Board unanimously agreed, and It is ordered that the same be forthwith prepared.
The Governour having received from the several Sherifs & Coro- nors of the respective Counties of this Province, Returns. of the Elections of Persons to be presented to him for his choice of a Sherif & Coroner respectively for each Countie, desired the Advice of the Board, in his nomination, which is as follows :
For Philadelphia City & County, Owen Owen & Merick Davis, being returned for Sherifs, & James Boiden & Joshua Fincher for Coroners, Owen Owen is appointed Sherif, & Josuah Fincher Co- roner.
For Chester County, John Taylor & Philip Taylor being returned for Sherifs & John Mendenhall & John Dutton for Coroners, Jno. Taylor is appointed Sherif, and John Mendenhall, Coroner.
For Bucks County, Thomas Biles & John Hart being returned for Sherifs, & Jonathan Woolston & Samuel Baker for Coroners, Thos. Biles is appointed Sherif, & Jonathan Woolston Coroner.
Accordingly Commissions are ordered to the said Persons for their respective Offices, the Sherifs giving Security in the Rolls Office as the Law directs.
The Governour having likewise received the Returns of the Sherif & Coroner of the County of Newcastle, of Persons to be presented to him for his Choice of a Sherif & Coroner for that County, viz : William Battell & John Gooding for Sherifs, & Joshua Story & Morgan Morgan for Coroners. The Governour, agreeable to the ad- vice of the Board appointed John Gooding Sherif & Morgan Morgan Coroner.
A Draught of a Proclamation for suppressing of Riots this day ordered being presented to the Board, It was approved and ordered to be Engrossed, sealed & published.
The Day following out of Council,
Returns having been delivered to the Governour of the Elections of Persons to be presented to him for his Choice of a Sherif & Co- roner for the Counties of Kent & Sussex, viz :
For Kent County, William Rodeney & Thomas Skidmore being returned for Sherifs, & Edward Jennings & Thomas French for Co- roners, William Rodeney is appointed Sherif, & Edward Jennings Coroner.
For Sussex County, Rives Holt & Peter Adams being returned for Sherifs, & Samuel Davis & Edmund Naws for Coroners, Rives Holt is appointed Sherif & Samuel Davis Coroner.
And Commissions are ordered to issue to them accordingly.
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At a Council held at Philadelphia, 15th October, 1726.
PRESENT :
The Honble PATRICK GORDON, Esqr., Lieut. Governour.
James Logan,
Anthony Palmer,
Richard Hill,
Robert Assheton,
Esq'rs.
Samuel Preston, Henry Brooke.
The Representatives of the Freemen of this Province elected the first instant, being mett in Assembly on the 14th, in pursuance of their Charter, & the Law in that Case made & provided, & having sent a Message by two of their number to acquaint the Gover- nour therewith, & to know when he would be pleased to receive the House, he had appointed them to attend him this morning in Council.
And they presenting themselves accordingly, David Lloyd, Esqr., addressing himself to the Governour, acquainted him, that the House of Representatives had thought fitt to chuse him to be their Speaker, But that, considering his own Inability for that office, he requested the Governour would order the House to proceed to another Choice ; To which the Governour answered, that he looked upon him, as a Person qualified for discharging that office, and therefore he could not but approve of the Houses Choice of him to be their Speaker.
Then the Speaker addressing himself to the Governour in the name of the House desired, That the Governour would protect them, he meant not (he said) on account of their Debts, but from the Insults of the rude People of this City, from whom he thought there was some Danger, and that their Tumults ought to be suppressed.
That the Governour would grant the Members of Assembly free access to his Presence, when sent to him by the House, and That he would be pleased to putt a favourable Construction on their Proceed- ings.
The Governour answered that he had lately published a Proclama- tion for suppressing these Disorders, which he hoped would have a good Effect, and the House might assure themselves of what he had further requested, & then the House withdrew.
The Governour laid before the Board a Letter he had two days since received from the Secretary to the Lords Commissioners for Trade & Plantations, touching the several Acts made in this Pro- vince for establishing a Paper Currency, which was read & is as follows :
For His Majesties especial Service To the Honble Patrick Gordon, Esqr., Deputy Governour of His Majesties Province of Pensilvania, in America, or to the Commander in Chief of that Province for the time being.
PENSILVANIA, Whitehall, May 11th, 1726.
SIR : I am commanded by my Lord Commissioners for Trade & Plantations to acquaint You, that they have lately had under their Consideration four Acts passed in Pensilvania, for giving a Currency to Paper Money Entituled :
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An Act for emitting and making Current £15,000 in Bills of Credit, Passed 2d March, 1722-3.
A Supplementary act to the act entituled An Act for emitting & making Current £15,000 in Bills of Credit, Passed 30th March, 1723.
An Act for the better and more effectual putting in Execution an act of Assembly of this Province Entituled an Act for Emitting and making Current ££15,000 in Bills of Credit, Passed 11th May, 1723.
And an Act for emitting & making Current £30,000 in bills of Credit, Passed the 12th of December, 1723.
Their Lordships have found by Experience, that Bills of . Credit have been of very ill Consequence in other places where they have been issued, particularly in Carolina, where not only the Province but the merchants have sustained great losses thereby.
For this reason, if it were not out of Tenderness to those Persons into whose hands the Bill issued in Pensilvania may have passed, their Lordships would lay the aforementioned Acts before his Majes- ty to be repealed ; And if any further acts are passed for creating more Bills of Credit than those already issued, their Lordships will certainly think themselves oblidged to lay them before his Majesty for his Disallowance.
However for the present, their Lordships command me to acquaint you, that they think it highly necessary for his Majesties Service, & for the Good of the Province under your Government, that all possi- ble Care should be taken for the effectual sinking those bills, and that the funds given for that purpose be duely applyed.
I am further directed to observe to you, that the Laws referred to in these Acts for Paper Currency have never yet been transmitted to this office, And to desire that you will transmit the said acts, and all such acts for the future as shall be passed in Pensilvania.
I am, Sir,
Your Most Humble Servant, ALFRED POPPLE.
The Governour then desired the Advice & Opinion of the Board, whether it might not now be proper to lay this matter before the House, but some of the Members observing that it had not been usual for the Assemblies to proceed on business at their first meet- ing, and that if this affair should be laid before them, & they ad- journ, without taking the same into consideration, it might be of bad Consequence, it was proposed and unanimously agreed to, that the following message should be sent to the House, vizt :
" That the Governour having been very much indisposed most of "this week, & understanding that it had not been usual for Assem- " blies to proceed on business at their first meeting, this being also " the last day of the week, he had declined laying any business " before them this Morning, tho' he has by this last Conveyance " received some orders which nearly affect the Countrey, and will de- " serve the Houses Consideration, and therefore if the house will " think fitt to meet the beginning of next week, the Governour will
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" then without further Delay communicate what he has to lay before " them.
Richard Hill & Henry Brooke Esquires, were desired to carry this Message, which they did, & being returned say they delivered the same, and that the House desired time to consider of it.
A Petition of several Inhabitants in and about Franckfort, setting forth the inconveniences of the Road on both sides of the bridge there, for that on the farther side there is occasion also for another bridge over the other branch of the Creek, which is there divided, & that to prevent the Charge of the two bridges, that the Road also between the Millhouse and the Creek is much too narrow, all which inconveniences might be prevented by turning the Road a little lower and building one bridge, which would fully answer the End of two, where the Road now passes, and therefore praying that the said Road may be reviewed, was read, and the Consideration thereof deferred till another time.
A Petition of divers Inhabitants about Pequea in the County of Chester was read, setting forth that by order of Chester Court a Road had been laid out through the Township of Pequea, over hills, Swamps & Rocks, & almost half a mile about in the space of three miles, to the great Inconveniency of travellers and the said Inhabi- tants, which road is said to be that which leads from near Thomas Moore's towards the Township of Donnegal, and therefore the Peti- tioners pray that six good men may be appointed to view the said Road, and make such alterations therein as shall be necessary for the Service of the public.
Which Petition being considered, TIS ORDERED that John Wright, George Aston, Samuel Blunston, Samuel Rut, John Musgrave and Edmund Cartlidge, or a Majority of them, may view the said Road, & particularly that part leading through the said Township of Pequea, & make such alterations therein, as to them shall seem most just & reasonable for the public service, and make return of their proceed- ings herein to this board.
A Message from the House by four Members acquainted the Go- vernour, that the House intended to adjourn, if the matters he was to lay before them did not require their immediate Consideration, but requested in the mean time, that the Governour would be pleased to acquaint the House with the nature of these orders he had receiv- ed, which so nearly affect the Countrey-And being desired to with- draw for a little time, after same Debate James Logan & Richard Hill, Esquires, were ordered to acquaint them with the aforemention- ed Letter from the Board of Trade, that they might inform the House of the same, but in such a manner, that no minute thereof should be entered on their Journals, until it should come in due form before · them at their next meeting.
And the said Members of Council reported to the Board, that they had communicated to those of the Assembly what they had in charge, and that they had desired the Letter might be shown to the House, which was agreed to upon Condition, that it should not be entered on their Minutes.
And then the Council Adjourned.
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At a Council held at Philadelphia, 21st November, 1726.
PRESENT :
The Honble PATRICK GORDON, Esqr., Lieut. Governour.
James Logan,
Anthony Palmer,
Richard Hill,
Robert Assheton,
Esq'rs.
Isaac Norris,
Willm. Fishbourn,
The Minutes of the two preceeding Councils were read & ap- proved.
The Governour then acquainted the Board, that the Assembly of the Province being now mett, he intended to lay before them such Matters as seemed proper for their Consideration, and for that End had prepared a Speech, upon which he desired the opinion of the Board; And the same being accordingly read & considered, was una- nimously approved by the Board & is as follows :
Mr. Speaker & Gentlemen of the House of Representatives,
" Having fully declared to the last Assembly what I take to be "incumbent on me, in the Discharge of my Trust, I shall now re- " commend to you such matters relating to the Publick, as may be " proper for your consideration.
" And in the first Place our Bills of Credit will claim your Regard " At your first meeting in October, I acquainted you with a Letter " I had received but two days before from the Secretary to the Right " Honourable the Lords Commissioners for Trade and Plantations, on " the Subject of our Paper Currency, which I now lay before you, " By this Letter you will observe what Impressions the Conduct of " some of these American Colonies had made on the Board to the " Disadvantage of such Bills. Yet notwithstanding their Dislike to " them in general, they have expressed so much Tenderness for the " People of this Province, who have now that Currency in their " Hands, that we may, I hope, justly concluded the former Acts for " establishing are happily out of Danger of a Repeal, But as the " Act past last year for re-emttting part of the same Bills out of the " Loan Office may be thought to interfere with their Lordships Di- " rections, it will require our serious Application to find out proper " Measures for securing this equally with the other acts, which 'tis " hoped, may be successfully effected, when their Lordships are duly " apprized that the Trade between Brittain & this Province, has " been so far from suffering, that it has been manifestly increased " since the Establishment of that Currency here, & that more Bri- " tish Goods have been imported, more Ships built in this Place for " their Merchants, than had been for many Years before, But more " especially that this Currency instead of sinking in value, which " has been the great & chief objection to it in some other Colonies, " now actually rises with us, being at this time at less than half the " Discount that, as I have been assured, it bore with Gold & Silver " but a Month before my Arrival; When this is duly represented to " their Lordships, I hope we shall have no Room to doubt, but they " will abate in their opinions of the ill consequences of that Cur-
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" rency, especially in this Colony-And therefore seeing Ten thou- " sand Pounds of the Bills now in the Peoples hands, subsist on the " Foundation of the last act, which was passed before their Lord- " ships Sentiments were made known to us, we may hope for their "Indulgence to that also, To obtain which I shall very heartily joyn " with you Gentlemen in whatsoever shall be reasonably pro- " posed.
" I cannot but with great pleasure take notice on this occasion, of " the happy Prospect that this Province now affords of supplying by " the Industry of its Inhabitants, the Want of these Natural Advan- " tages that have attended divers of the American Colonies (in making " Returns with their own Product directly for Brittain) which in all " Probability must in due time introduce real Wealth & a Currency " of Intrinsick Value amongst us.
" Several Companies are already engaged in carrying on Iron works. " Hemp, from the Encouragoment given, I am told, is raised in " much greater Quantities, But the first of these requiring a large " stock, and the other very fertile or enriched Land, wch may dis- " able poorer Families from partaking of their benefits; Providence " seems now to have pointed out one Method more for employing " Even the mean & weak, as well as others of both sexes to conside- " rable advantage, by raising Silk, which, as I am credibly informed "is produced here, as fine & good, as most of the World affords, & " with as much ease. These three are Commodities for which Britain " pays dear to other Countries, and with which there can be no Dan- " ger of overstocking the Market, therefore as nothing can be more " acceptable to Britain, than to receive from its own Colonies, what " it purchases more disadvantageously from Foreigners, nothing per- " haps may better deserve the Notice & Encouragement of the Leg- " islature.
" These Gentlemen are the Heads I shall at present mention, what "further occurs may be sent to you by Messages, I shall only here " observe, that from the Views I have yet had of this Province, it " appears very plain, that we are, or may be, a very happy People, " if we can but act worthy of those Blessings which seems to have " attended the pious & sincere Intentions of the late Honourable " Proprietor of those Sober good People, who have joyned their " Endeavours in the Settlement of this Colony. A gratefull & hum- " ble Sense of those Mercies from the bountiful Hand of Divine Pro- " vidence, under the mild Influence of a most benign & gracious " Sovereign, and the favor of indulgent Proprietors, are the only " Methods of securing their Continuance, And a steady Resolution "in you Gentlemen to advance the true & solid Interest of the " Countrey & Reputation of the Govermt. by establishing Justice " & Sobriety, will be the most effectual means of disappointing those " who by fomenting vain & idle Jealousies might seek to disturb our " Repose, In all which & whatever may tend to the Honour & Be- " nefit of the Publick, You shall always have my very ready Concur- "rence.
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At a Council held at Philadelphia, February 2d, 1726-7.
PRESENT : ·
The Honble PATRICK GORDON, Esqr., Lieut. Governour,
James Logan,
Anthony Palmer,
Richard Hill,
Robert Assheton,
Esq'rs.
Isaac Norris,
Willm. Fishbourn, L
Samuel Preston,
The Governour acquainted the Board, that being informed there had been held here for some time past, by the late Governour, a Court of Equity or Chancery, & that several matters were depending in that Court, touching which he had been frequently applied to by the Persons concerned, to the End he might take upon himself the Execution of the Office of Chancellour, but had hitherto declined the same until he should be better informed how the said Court came to be Erected, and have the Advice of this Board which he now desired on that head.
Whereupon it was observed, that the Erecting of that Court was in Compliance with the Desire of the Representatives of the Free- men of this Province, Signified to the then Governour by an unani- mous Resolution of their House, dated the 4th of May, 1720, and by the Approbation of this Board, as might appear by the Minutes of Council. And that therefore it's the opinion of this Board, that the Governour may lawfully take upon himself the Execution of the said Office, that there may be no stop in the Administration of Jus- tice, Provided always that due Regard be had to a Rule then Established & Entered on the Minutes, Which being read & agreed to, is hereby de novo established and confirmed, & is in these words :
" That as often as the Governour is to Sitt in Chancery and hold " a Court, all the Members of Council in or near Philadelphia shall "be Summoned to attend the Governour as his Assistants upon " that Bench, And that there shall not any Decree be pronounced or " made in Chancery, but by the Governour as Chancellor, with the " Assent & Concurrence of any two or more of the Six Eldest of " the Council for the time being, And that those Six Eldest Coun- " sellors or Assistants, or any of them, may be employed by the " Governour as Masters in Chancery, as often as occasion shall re- quire.
Then the Governour took the Oath of Office, After wch it was proposed, that some certain Rules for the better regulating of the Court & the Speedier Dispatch of Business should be drawn up by Persons skill'd in the Law, & the Constitution of such Courts, Which Proposal was approved of, & David Lloyd, Esquire, Chief Justice, & Andrew Hamilton, Esqr., Counsellor at Law, were named for that Purpose.
Upon a Representation to this Board, that in remote Parts of this Province, where Lands have not been regularly Surveyed or granted, divers Persons not only Enter & Settle the Proprietors Lands with- out any Grant or Permission, but sometimes have proceeded to Acts
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of Violence in forcibly ousting of others, a remarkable Instance of which has lately happened in or near the Township of Donnegal, on Sasquehannah, where one John Scott being with his Wife and Chil- dren in peaceable Possession of a House, which he had built, were not only ousted by Force but their house was pull'd down before their Eyes, to the very great Breach of the Peace & Terror of the Kings peaceable Subjects ; To which Proceedings, unless a timely Stop be putt, & an effectual Discouragement given, the Country and the Publick Peace thereof may very deeply suffer thereby.
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