USA > Pennsylvania > Colonial records of Pennsylvania, Vol. III > Part 3
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2dly. That they must never Molest or Disturb any of the English Governmts., nor make Warr upon any Indians whatsoever who are in ffriendship with & under the Protection of the English.
3dly. That in all Cases of Suspition or Danger, they must advise & Consult with this Governmt. before they undertook or Determined any thing.
4thly. That if through accident any mischief of any Sort shou'd happen to be Done by the Indians to the English, or by the English to them, then both parties shou'd meet with hearty Intention of Good Will to Obtain an acknowledgemt. of the mistake, as well as to give or receive reasonable satisfaction.
5thly. That upon these Terms & Conditions the Governour did, in the name of their Great & Good ffriend William Penn, take them & their people under the same protection, & in the same ffreindship with this Governmt., as William Penn himself had formerly done, or Cou'd do now if he was here present.
And the Governour hereupon did promise on his part to Encou- rage them in peace, & to Nourish & Support them like a true ffriend & Brother.
To all which the several Chiefs & their Great men presently as- sented, it being agreed, that in Testimony thereof they shou'd Rise up & take the Governour by the Hand, which accordingly they did
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with all possible marks of ffriendship in their Countenance & Beha- viour.
These leaves were out when delivered to Richard Peters. This is written on a fragment of one of the torn out leaves which are three in number.
At a Council held at Philadia., ye 31st July, Ao., 1717.
PRESENT :
The Honble WILLIAM KEITH, Esqr., Lievt. Govr.
William Trent,
Jonathan Dickinson,
Richard Hill,
Samuel Preston,
James Logan,
Robert Assheton.
The Secry. Exhibited an Accot. of Sundry Disbursements & Charges of the Governr's. Journey & Treaty with the Indians at Con- estogoe, amounting to fforty one pounds, one shilling & ffour pence half penny, which was Read and allowed, and the Treasurer is Or- dered to pay, the same.
The Governour acquainted the Board that he Intended, upon his arrival into this Province, to have called the Representatives of the same, to meet him in Assembly; but Considering the season of the Year Required their attendance on their private affairs, he Delay'd it till this time ; That he Intended to set out this afternoon for the County of Sussex, in order to Countenance the Justices, whom he had commissionated in administring of Justice, the Court being to be held there in a short time, and was pleased to ask the advice of the Councill, whether it was not Convenient that Warrts. should be Issued out, Directed to the Sherifs of the Respective Counties of this Province, Requiring them to summon the severall Representatives of the same, to meet him in Assembly, on the Nineteenth day of Au- gust next, at which time he Intended to be back again ; It was there- fore Ordered, that Writts shou'd be Issued out Immediately, & then the Council adjourn'd.
At a Council at Philada., ye 20th August, Ao., 1717.
PRESENT.
The Honble WILLIAM KEITH, Esqr., Leivt. Governr.
Samuel Preston,
Anthony Palmer,
James Logan,
Robert Assheton.
Robert Assheton was sent to the House of Representatives to give them notice that the Governour was ready to receive them, who re- turned and said that the House wou'd wait upon the Governour imme- diately. The Assembly being come, the Governr. made the following speech.
Mr. Speaker and Gentlemen of the Assembly :
Being informed upon my arrival here that the season of Harvest then at hand could not well permit you to meet me in your Represen- tative capacity, until that bussie time was over, I did out of a tender
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Regard to your Interests then delay the satisfaction I still proposed to myself in meeting with this present Assembly, and I will always endeavour to make the time you must necessarily bestow on the publick service as easie & pleasant to yourselves, as I hope it will be profitable & satisfactory to the Country in general.
If an affectionate Desire to Oblige and Serve the People of this Province, Can Qualify me in their good Opinions for the Station wherin I am now plac'd, may then expect that the Countreys and the Governors Interrest will be so effectually established upon one bottom, as that he who truely wishes well to either, cannot but find himself engag'd to serve both.
And you yourselves may easily infer the Warmth of my Inclina- tions towards the service and prosperity of this Countrey.
First from the Expensive Application last year, by whichi I Care- fully Introduced to his Royal Highness the Prince of Wales, then Regent the humbly Address of the Assembly of this Province to the King, in such manner as freely to Obtain his Royal Highness's most Gracious assurance ; That the people called Quakers were a Body of Loyal subjects, for whom the King had a Great Regard ; That his Highness was Sorry the King was not then present to have received so good an address himself, but that the Quakers might at all times depend on his Highness's Good will to Serve them in any thing they had to ask of the King his Royal Father.
Then the Diligence wherewith I obtain'd at a Considerable Charge the Commission of Governour, without any other Certain prospect or advantage, but only that I should be thereby enabl'd more Effectu- ally to serve you.
And Lastly by the great fatigue I have under gone since.my arri- val here, that no Opportunity might be slipped to Encourage Virtue and promote the General good of your Countrey.
But these considerations are Trifles, compar'd with the indispen- sible Obligations that is of necessity upon you to Support the Dignity and Authority of this Government, by such an reasonable and dis- creet Establishment as the nature of the thing and your own Genero- sity will direct ; And whatsoever You shall think fitt to do in that kind, pray let it not longer bear the Undeserved and Reproachfull name of a Burthen upon the People, but rather let your Governour be enabled to relieve the Countrey from real Burthens, By putting it in his power to direct a better Economy, and more frugal manage- ment of such Taxes as would answer the use for which they are in- tended, if not squander'd by the barefac'd partiality and unprofitable expence of the Officers appointed to Assess and Collect the same. GENTLEMEN :
I doubt not but you will take this first Opportunity, under a new Administration, to Examine the state of your Laws, in order to revive some that are Obsolete or Expir'd, and to make such alterations and Additions as shall be found necessary for Perfecting the Constitution and good order of Government in this Province, ffor that End I am on my part ready to Concur with you in every thing which you can possibly desire or expect from a Governour, who Conscientiously
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Intends to Observe, and steadily resolves to pursue the Duty of his Office.
At a Council at Philadia., ye 24th August, Ao., 1717.
PRESENT :
The Honble WILLIAM KEITH, Esqr. Lieut. Govr. Jonathan Dickinson, James Logan, . Robert Assheton.
Isaac Norris,
The Assembly waited on the Governour with two acts, which the Speaker desired the Governour to pass into Laws, vizt: An act In- tituled an act for Raising a Supply of One penny per pound & ffour shillings per head; An act for Regulating the Elections of Sherifs and Coroners, which sd. acts the Governour past into Laws; After which the Governour made the following speech : Mr. Speaker & Gentlemen of the Assembly :
I Received a very affectionate address from your House for which I heartly thank you, and the Generous acknowledgement you have been pleased to make of my Late Endeavours to serve this Countrey, Cannot but Greatly Encourage me Diligently to Carry on the same Publick service in all its parts, Your dutifull Expressions of Loyalty and Affection to the King & Royal ffamily, shall be Carefully repre- sented by me to his Majesty and his servants in the Ministry ; and while the spirit of unanimity, and so amiable a Temper with Respect to Government is Continued and preserved amongst you, I will take upon me to say, that you may be ffirmly assur'd of the Kings ffavour- able Countenance and Gracious Condescention in all your applications to the Throne.
Gent. : Since you have Observed to me, that it will be Inconve- nient for you to Enter upon any business now which may detain you from your urgent affairs at this time in the Country, I can't but Con- descend that you make such an Adjournment as you think will best suite with the season of the year, for I shall still have a great Regard to the Opinion, as well as to the advantage and Ease of so good an Assembly.
The Speaker desir'd that the Governour would be pleased to Issue Out Commissions of the peace for the Respective Counties of this Province, the Courts being nigh at hand, and that he wou'd Expedite the Tryal of the Criminals in the County of Chester, and acquainted the Governour that the House Intended to Adjourn to the-&-, & Desired to know if the time of Adjournment any wise Interferr'd with the Governours affairs.
To which the Governr. answered, that the Comissions of Peace for each County shou'd be Issued out Immediately, and that to the time of their Adjournment he had no objection.
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At a Council at Philadia., ye 26th August, 1717. PRESENT :
The Honble WILLIAM KEITH, Esqr., Leivt. Gov.
William Trent, Jonathan Dickinson,
Richard Hill,
Isaac Norris,
James Logan, Robert Assheton.
The Governour proceeded with the advice of the Council to nomi- nate persons to fill up the Comission of Peace for the County of Ches- ter, & produced a list of names recommended to him by the Assembly, which was read & approved off, and it is Ordered that a Commission be forthwith Issued out.
At a Council at Philadia., ye Ist September, 1717. PRESENT :
The Honble WILLIAM KEITH, Esqr., Leivt. Govr. William Trent, Anthony Palmer, Robert Assheton.
Isaac Norris,
James Logan.
The Governour Proceeded with advice of the Council to nomi- nate Persons To ffill up the Commission of Peace for the County of Philadia., and the persons following were appointed, vizt : Richard Hill, Isaac Norris, James Logan, Anthony Palmer, Nathan Stan- bury, Edward ffarmer, Rowland Ellis, Benjamin Vinning, Josiah Rolfe, John Swift, Robert Jones, Clement Plumsted, Morris Morris, also the Mayor and Recorder of the City of Philadia. for the time being, and a Comission was Order'd to be drawn directed to the sd. persons to pass the Great Seal.
At a Council at Philadia., ye 17th Septemr., Aº. 1717. PRESENT :
The Honble WILLIAM KEITH, Esqr., Leivt. Govr.
Jasper Yeates,
Jonathan Dickinson,
Richard Hill, James Logan,
Isaac Norris, Anthony Palmer, Robert Assheton.
Samuel Preston,
The Governour proceeded with the advice of the Council to nomi- nate Persons to fill up the Comission of Peace, for the County of Bucks, & the persons following were appointed. vizt : Joseph Kirk- bride, Jeremiah Langhorn, Thos. Stevenson, Thos. Watson, Everard Boulton, Thomas Watson of Buckingham, William Biles, Anthony Burton, John Snowdon, Joseph Bond, John Hall and Christopher Vansent, & a Comission is order'd to be drawn, immediately to pass the Great Seal.
The Governour acquainted the Board that the Speaker of the As- sembly had presented him a Bill drawn upon the Treasurer for fforty pounds, payable to such person as the Governour shou'd appoint
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PROVINCIAL COUNCIL:
Attorney Genll. of this Province, and the Governour named Andrew Hamilton as a person who he believed wou'd be found as capable of that office as any in the place, and thereupon desired the opinion of the Board, who unanimously Concurr'd with the Governrs. nomi- nation.
The Governour observ'd to the Board that great numbers of fforeign- ers from Germany, strangers to our Language & Constitutions, hav- ing lately been imported into this Province daily dispersed themselves immediately after Landing, without producing any Certificates, from whence they came or what they were; & as they seemed to have first Landed in Britain, & afterwards to have left it Without any License from the Government, or so much as their knowledge, so in the same manner they behaved here, without making the least application to himself or to any of the magistrates ; That as this Practice might be of very dangerous Consequence, since by the same method any num- ber of foreigners from any nation whatever, as well Enemys as friends, might throw themselves upon us; The Governour, there- fore, thought it requisite that this matter should be Considered by the Board, & accordingly it was Considered, & 'tis Ordered thereupon, that all the masters of vessels who have lately imported any of these fforeigners be summoned to appear at this Board, to Render an acct. of the number and Characters of their Passengers respectively from Britain ; That all those who are already Landed be required by a Proclamation, to be issued for that purpose ; to Repair within the space of one month to some Magistrate, particularly to the Recorder of this City, to take such Oaths appointed by Law as are necessary to give assurances of their being well affected to his Majesty and his Government ; But because some of these foreigners are said to be Menonists, who cannot for Conscience sake take any Oaths, that those persons be admitted upon their giving any Equivalent assuran- ces in their own way and manner, & that the Naval Officer of this Port be required not to admit any inward bound vessell to an Entry, until the master shall first give an exact List of all their passengers imported by them.
At a Council held at Philadia., ye 9th Septemr., 1717. PRESENT :
The Honble WILLIAM KEITH, Esqr., Lievt. Govr.
William Trent, Richard Hill,
Jonathan Dickinson, Robert Assheton. JAMES LOGAN, Sec'y.
Capt. Richmond, Capt. Towor, & Capt. Eyers, waited upon the Board with the List of the Palatines they had Imported here from London ; By which List it appeared that Capt. Richmond had Im- ported One hundred & sixty-four, Capt. Towor Ninety-one, and Capt. Eyers One hundred & Eight.
VOL. III .- 2
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At a Council at Philadia .; ye 28th Septemr., 1717.
PRESENT :
The Honble WILLIAM KEITH, Esqr., Lievt. Govr. Richard Hill,
Jonathan Dickinson,
Anthony Palmer, Robert Assheton.
JAMES LOGAN, Sec'ry.
The Governour acquainted the Board that Coll. Spottswood, Go- vernour of Virginia, being now here on a visit, had informed him that he had some matters of Importance to the Peace and Security of these Northern Colonies to Communicate to the Governour of New York & himself; That Brigadeer Hunter having given Coll. Spots- wood an Invitation to see him at New York, He had resolved to proceed thither, and that it was necessary than decent that he himself also should accompany him thither; Provided, that the Council be of Opinion that his absence at the time of the Ensuing Elections, when some Oficers named to the Governr., are to be chosen and Commissionated by him will prove no detriment to the Publick, but that it may be supplied in those cases by the Council; Whereupon the Law Intituled, and act for the further Securing of the Adminis- tration of the Government, was read, by which it appeared that the Council, in the Governour's absence, were Invested with full power to act in his stead in all those Cases, as also in all others, Legislation only excepted.
At a Council held at Philadia., the 3d Octobr., 1717.
PRESENT :
Richard Hill, William Trent,
Samuel Preston, Anthony Palmer, Robert Assheton.
Jonathan Dickinson,
The Governonr in pursuance of the Resolution of the Last mect- ing of the Board, being Departed with Collo. Spotswood for New York, Severall affairs of Government Required the Council in his absence to meet; and being accordingly now mett, Pursuant to all Act Intituled, an act for the further Securing the adm'acon of Governmt., Richard Hill, Eldest Councellor Present, was chosen President, Who took the chair, and ordered that should there happen to be occasion by the Lievt. Governrs. Death or Long absence, he being now Gone to New York with an Intent to Return in Eight or Ten days, That notice shall be given of such Death or Long absence to the Board of Trade, and also to the Governr. in Chief, according to the Directions of the said act.
Owen Roberts, Sherif of the City and County of Philada., waited on this Board, & presented his Return of Coroners for the Ensuing year, and Richard Walker, the ffirst named in the said Return, was appointed Coroner of the City and County of Philadelphia, for the Ensuing year.
Enoch Story, Coroner of the City & County of Philada., Present- ed his Return of Sherifs for the sd. City & County, & Owen Roberts
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ffrst named in the Returns is appointed Sherif of the said City & County of Philadelphia, for the Ensuing year.
The Return of Coroners for the County of Bucks was Presented to this Board, and William Biles first named in sd. Return is ap- pointed Coroner for the sd. County for Ensuing year.
The Return of Sherifs for the County of Bucks, was Presented to this Board, and John Hall of the sd. County is appointed Sherif, he living in the Town of Bristol, which will be more convenient for the service of the Publick, and then the Conncil adjourn'd to the afternoon.
-
PRESENT :
RICHARD HILL, Presidt.
William Trent,
Anthony Palmer,
Samuel Preston,
Robert Assheton.
The Corporation of this City Waited upon this Board, in Order to Present Jonathan Dickinson, Mayor Elect to be qualified, who took the Qualifications by Law required.
Owen Roberts, Richard Walker & John Hall, took the several Qualifications by Law required; also, the Qualification for the Dis- charge of their Duty in their Respective offices.
The Coroner of the County of Chester, presented to this Board the Return of Sherifs for the sd. County, and Nicholas ffairlamb is ap- pointed Sherif of the sd. County for the Ensuing year, he Living in the Town of Chester, which will be convenient for the service of the Publick.
The Sherif of the sd. County of Chester Presented to this Board the Return of Coroners for the sd. County, and Jonas Sandeland, first named in the sd. Return, is appointed Coroner of the said County for the Ensuing year.
The Council adjourned till To morrow morning.
At a Council at Philadia., ye 4th of October, 1717.
PRESENT :
RICHARD HILL, Presidt.
William Trent,
Anthony Palmer,
Jonathan Dickinson,
Robert Assheton,
Samuel Preston.
The Council being met, Nicholas ffairlamb, Sherif of the County of Chester, took the Qualifications by Law Required, as also his affirmacon for the Due Execucon of his Office.
At a Council at Philadia., ye 19th of October, 1717.
PRESENT :
The Honble WILLIAM KEITH, Esqr., Lievt. Govr. Isaac Norris, Robert Assheton,
Jonathan Dickinson,
James Logan, Secry.
Samuel Preston ..
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The Governour acquainted the Board that he had Received a Letter from the Assembly at New Castle, who were now sitting, which was Read, and that he Intended to be there to-morrow night, that he thought it requisite that some of the members of Council shou'd attend him thither, for that he believed that the Assembly Intended to Proceed to Business.
At a Council at Philadia., ye 12th Novemr., 1717. PRESENT :
The Honble WILLIAM KEITH, Esqr., Lievt. Govr.
Jasper Yeates,
Robert Assheton,
Isaac Norris,
John French,
Jonathan Dickinson,
James Logan, Secry.
Samuel Preston,
The Governour askt the Board whether they agreed with him in Opinion, that it was his Duty to Call for an accot. of Certain moneys Received by the late Treasurer of this Province, by the Direction of an act of Assembly, now read, vizt. : An act for raising Two Thousand Pounds for the Queen's use, and that the sd. money wou'd be most properly Lodged in his hands, whose Receipt is by the sd. act De- clared to be sufficient, & the only Legal Discharge therein mentioned to the late Treasurer his Exrs., and the sd. act having appointed the Governour the Person by whom the sd. money is to be paid to the Order of the Crown, no time should be Lost in Calling for and scouring the same according to the Direction of the sd. act, to which the Council agreed.
The Governour askt the opinion of the Board about Publishing a Proclamacon for giving a suitable reward to any person who shall in a Certain time Discover to the Governour or other magistrates any Person or Persons within this Province, or that shall arrive here within the time prefixt, so as that they may be Convicted of Piracy, or to have had any Intercourse by way of Concealing or Giving Assistance to the Pirates, who have lately Infested our Coast & Interrupted our Trade, with a promise that the Governour will most heartily Interest himself to obtain his Maties. most Gracious pardon to such of the Pirates themselves as will voluntarily come unto him and Discover any of their accomplices, so as that they may be con- victed by Legal Testimony, and that all Magistrates, &c., be strictly Comanded to take notice of Vagabonds & Suspected persons, more Especially sea faring men, who can give no accot. of themselves, that they may be secured on suspicion, in order to be Dealt with as the Law Directs, to which the Board unanimously agreed, and a Proclamacon was ordered to be Immediately Drawn.
A Peticon of Jane Hayes & Ann Hayes, of the County of Chester, was Read, and Deferr'd till the Atty. Genll. & Chief Justice were present.
The Governour acquainted the Board that he had Deliver'd to one of the Proprietors Comrs., vizt : Mr. Logan. a scheme Concerning
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the Quitrents of the three Lower Counties, and now desired Mr. Logan to Communicate the same to the rest of the Comrs., that they make report the next Council. Then the Council adjourned.
At a Council held at the Govrs. house in Philada., ye 11th ffebry 1717.
PRESENT :
The Honble WILLIAM KEITH, Esqr., Lievt. Govr.
Richard Hill,
James Logan,
Samuel Preston,
Anthony Palmer,
Jonathan Dickinson,
Robert Assheton.
The Governour acquainted the Board, That for as much as there seemed to be a necessity upon him to Issue a Comision for the Tryal of Certain Criminals now in Goal for murther, and that he is not satisfied with the presentments and fforms heretofore used in this Pro- vince, vizt. : to Grant such Comissions in the Governours name, which the Governr. Conceives from the Kings Royal Prerogative, as it is ascertain'd to be understood in the sense of the Law, by the statute Hen. 8, Anno 27, Cap. 24, ought to be granted & Issue in the Kings name.
The Governour therefore desires that the Board will maturely Consider a matter of such Importance, and either Concur in Opinion with him to have Comissions of Oyer & Terminer or Goal Delivery, and all Comissions of the Peace for the future to be Issued in the Kings name and tested by the Governour, or otherways that they will so far agree upon such other certain form, to be used in Grant- ing the said Comissions, as will save harmless and Justify the Go- vernour in his proceeding therein; upon a Debate, and Observing that some members were absent, the farther Consideration of the matter proposed was delay'd to friday next, being ye 14th Instant, at nine in the morning precisely, and the Council was adjourned to that time accordingly.
At a Council held at Philada., ye 14th ffebry, 1717.
PRESENT :
The Honble WILLIAM KEITH, Esqr., Lievt. Govr. Richard Hill, John French,
Samuel Preston,
Isaac Norris,
Jonathan Dickinson,
James Logan, Secry.
Robert Assheton,
The last minute of Council was Order'd to be Read, then the Go- vernour spoke as follows. GENTLEMEN :
In your last Debates on this Subject, I think it was Generally agreed that such Commissions ought not to run in the Lievtenant Govrs. name, for that was said to be an alteration in the stile which
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some know how had crept in, without any Condescension, Warrant or authority from the Proprietor & Governour in Chief.
If therefore you continue in the same mind, it's plain that here is sufficient Occasion given for some alteration, So that all arguments in behalf of the Precedents Immediately before us, and for Con- tinuing ye same fforms are to be laid aside, and as I conceive the Question will then come to this single point, vizt. : Whether these Commissions ought for the future to be Issued in the Kings name and tested by the Governour, or in the Proprietors name with the like Test.
I do not pretend so nicely to Judge of, nor to be so well acquainted with the Nature and Extent of the Proprietors Title to the Dominion of this Country, as several Gentlemen here present, from whose greater Experience and Knowledge therein we may doubtless expect to be fully satisfy'd.
But I will pretend to have as true a Regard for the Proprietors honour & Just Interest, as any person whatsoever.
And at the same time I will frankly deliver my Opinion that the Commissions mentioned, ought to be Issued in the King's Name, and Tested by the Proprietor and Governour in Chief himself, or in his absence, by the Deputy Lievtenant Governour present; and my reasons for this Opinion are :
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