USA > Pennsylvania > Colonial records of Pennsylvania, Vol. III > Part 31
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They desired the Governour would give them something in writ- ing, desiring the Inhabitants as they pass'd along their Road to be civil to them & assist them with Provisions, which was accordingly ordered to be drawn up for them.
They further requested a Writing to Shew that the Governor al- lowed them to Stave any Rum they mett with in the Woods, which was promised with this Limitation, that they should not meddle with any Rum they found in any houses whatsoever, and that they should not on any account seize any to drink or carry it away, And with this Caution a Writing was ordered.
At a Council held at Philadelphia, July 20th, 1727.
PRESENT :
The Honble PATRICK GORDON, Esqr. Lieut. Governour. James Logan, Evan Owen,
Richard Hill, Clemt. Plumsted. Esq'rs.
William Fishbourn,
The Governour acquainted the Board, that he had called them to- gether to consider of a Petition he had received of one Robert Duck- ett, now under Confinement in Philadelphia Goal for the murder of one John Evans, on board the Ship -, in the Bay of Honduras, praying a Speedy Trial, Which Petition being read, Richard Hill, Esqr., one of the Justices of the Supreme Court, informed the Board that this Petitioner was committed by his Warrant for the said Mur- der, which upon examination he had confessed, at the same time de- claring it was wholly accidental & not of Design.
The Board taking the same into serious Consideration, and it ap- pearing doubtfull whether the Fact is cognisable by our Courts of Justice, the same being committed on the high Seas, are of opinion, that the Attorney General lay this matter before the Justices of the Supreme Court, & acquaint them with the Application now made to this Board, that they may come to some Resolution herein.
At a Council held at Philadelphia, August 15th, 1727.
PRESENT :
The Honourable PATRICK GORDON, Esqr., Lieut Governour. James Logan, Samuel Preston, Richard Hill, William Fishbourn. 8 Esquires. Isaac Norris,
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PROVINCIAL COUNCIL.
The three following Bills were this day sent up from the House of Representatives, vizt :
AN ACT for establishing a Ferry from the City of Philadelphia to the landing at or near the House of William Cooper, & another from or near the City bounds to Gloucester, in New Jersey
Upon reading which, it was observed, that the appointment of Ferries over Great Rivers being a part of the Prerogative, is therefore lodged in the Proprietor, and that tho' divers Ferries have been ap- pointed by Acts of Assembly, yet the Grant was always to some per- so named in the act who was thereby made the object of the Govr. and Assemblys Favour. That the Ferries to be established by this Act may properly enough come under the Cognisance & Direction of the Corporation, seeing the Ferry to and from Gloucester chiefly re- gards the City as well as that to Coopers ; But that it would be very improper to vest the County Commissions with this Power over Fer- ries, who are only appointed for some services incumbent on each county respectively to discharge, & therefore that if no particular per- son is mentioned in the Act, and if it may not be managed by the Corporation, the same will more naturally fall under the direction of the Governour & Council, who have the sole power of establishing all the greater Roads.
And an Amendment was drawn up accordingly.
AN ACT more effectually to prevent unfair practices in the pack- ing of Beef and Pork for Exportation.
It was proposed as an amendment to this Bill, that the barrel of Pork should contain 31} Gallons, in Conformity to the English Stan- dard, & the practice of our neighbouring Government of New York. It was likewise considered, that the Fee to the Officer appointed by this Act is too high, for that one shilling or fourteen pence at most, may be a sufficient Fee for packing, salting and branding, or for open- ing, repacking, and branding one barrell.
And an amendment was ordered accordingly.
A Supplementary Act to the Act for ascertaining the number of Members of Assembly, and to regulate Elections.
To which an Amendment was drawn up and agreed to in the fol- lowing Words :
" The House undoubtedly proposes by this Act to supply what is " deficient in the first recited Act of the 4th of Q. A .; But on a " careful review of that act, & this Supplement proposed there appears " this great Defect.
" The Act in force very carefully provides, that no person shall, " under the penalty of Five pounds, vote for Assembly men, but such " as are qualified as that Act directs, & to the end that no person be "admitted to vote but such as the Inspectors know to be thus qua- " lified ; It is provided, that every Elector, before he be admitted to " poll, shall take a solemn Affirmation prescribed by the Act if re- " quired by any of the Inspectors, but the Inspectors neither are " required, nor duly empowered by the Act to administer any such Oath or Affirmation.
" Therefore, as this has probably been overlooked by the House, & 12*
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"as loud complaints have been made of persons being frequently ad- " mitted in some places to vote, who by Law have no right, the fol- " lowing amendment is proposed.
" And the said Inspectors are hereby authorized and required to "administer to every Elector or Person who presents his Ticket " for electing Representatives to Serve in Assembly, an Oath "or Affirmation, in the words Directed by the aforesaid Act of " the 4th of Queen Anne, vizt. : That such Elector is of twenty " one Years of Age, and a Freeholder, &c., unless the Qualifica- " tion of such Elector be generally well Known, or some one or " more of the Inspectors shall or will openly declare to the rest, " that they Know such Elector to be Qualified as aforesaid ; And " the Votes or Tickets of such as offer to poll and refuse to take " the said Oath or Affirmation shall be openly rejected ; "And the " Vote or Ticket of every person who takes the said Oath or Affir- " mation shall be put into the Box, and no Ticket so received shall " be suppressed.
" It is further proposed, that as the Inhabitants of Philadelphia " County & City are more numerous than those of the other Coun- " ties, that more Inspectors should be appointed for the said County " and City, vizt : Eight in number."
And the said Bills, with the amendments, were ordered to be Re- turned to the House.
At a Council held at Philadelphia, August 18th, 1727.
PRESENT :
The Honble PATRICK GORDON, Esqr., Lieut. Governour. James Logan, William Fishbourn,
Richard Hill, Clement Plumstead, Esq'rs.
A Bill, Entituled an Act for establishing Courts of Judicature in this Province, being sent up by the House, was read, To which the following Clause concerning Appeals, contained in a late Instruction from his Majesty, was proposed to be added as an Amendment, to which the Board agreed, and the same is as followes.
" And Execution shall be suspended until the final Determination " of such Appeal, unless good & sufficient Security be given by the " Appellee to make ample Restitution of all that the Appellant shall " have lost by means of such Judgement or Decree, in case upon the " Determination of such Appeal, such Decree or Judgement should " be reversed & Restitution awarded to the Appellant."
Then the Governour acquainted the Board, that he had received from Mr. Moore, Collector of the Customs a Proviso to be added to the said Bill, which the Collector conceives to be for His Majesties Interest, and therefore His Honour now recommended it to their Consideration, which being read, is as followes :
"Provided always and be Enacted by the Authority aforesaid, " that all Actions, qui tam Suits, Informations and Prosecutions " whatsoever, wherein the Kings Majesty, his Heirs or Successors,
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" is or shall be anyways interested or concerned, shall and may be " commenced, sued or prosecuted originally in the Supreme Court of " this Province, any thing herein, or any Law, Usage or Custom to " the contrary notwithstanding."
Hereupon most of the Members observed, that it would be in vain to offer the same to the House, because the Chief Design of this new Bill being to take away from that Court all Power of issuing Ori- ginal Writts, which Power by a former unanimous Resolve of the House was adjudged not to be in the said Court, even by the former Act, it being only designed as a Court for redressing the Errors, &c. of other Courts, and from the Sentence of which there lies no Appeal, but to the King, therefore the Clause now offered seemed very improper, But upon the Governours pressing that the same should at least be laid before the House, the Board agreed thereto, &
Ordered, that the Bill be returned to the House with the fore- going Amendment & Clause offered by Mr. Moore.
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EODEM DIE, P. M.
PRESENT :
The Honble PATRICK GORDON, Esqr., Lieut. Governour. And the same Members as in the Forenoon.
The House of Representatives waited upon the Governour accord- ing to order, and presented for his Approbation the three following Bills, vizt :
AN ACT more effectually to prevent unfair Practices in the pack- ing of Beef and Pork for Exportation.
A SUPPLEMENTARY ACT to the Act for ascertaining the Number of Members of Assembly and to regulate Elections.
AN Acr for establishing a Ferry from the City of Philadelphia to . the landing at or near the House of William Cooper, & another from or near the City bounds to Gloucester, in New Jersey.
To which the Governour gave his Assent and passed them into Laws of this Province, and Ordered the- same to be sealed & pub- lished.
At a Council held at Philadelphia, August 25th, 1727.
PRESENT :
The Honourable PATRICK GORDON, Esqr., Lieut. Governr. James Logan, William Fishbourn, Richard Hill, Clement Plumsted, Esq'rs.
Samuel Preston,
A Bill this day sent up from the Assembly was read, vizt :
A Supplement to the Act for taking Lands in Execution for the Payment of Debts, which with the following Amendment made thereto was ordered to be returned to the House.
"The Plaintiff or Person, in whose behalf Execution was levied,
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" may apply to the Court of Common Pleas for the County, where "Judgement was obtained & sett forth to them, his Case with the " Reasons why his Title was not duely perfected by the preceeding " or former Sherif; And the said Court may thereupon, as they " shall see Cause, and as Justice & Equity shall require, Order and " direct the Sherif for the time being to Compleat any such Title & " execute such Deeds as aforesaid, and upon such order obtained as aforesaid and entered on the Records of the Court, It shall and " may be lawfull, &c."
The Provincial Treasurer exhibited to the Board an account of Charges of the late Treaty with the Indians of the five Nations, at which above forty Persons were entertained from the 28th of June to the 9th of July, and of the Presents then made to the Indians, amounting in the whole to Eighty four Pounds five shilling one penny half penny, And the Presents made by the Indians, sold by the Treasurer, amounting Twelve pounds twelve shillings and six pence, the Balance remaining is Seventy one Pounds twelve shillings seven pence half penny ; Which Account the Board examined & approved, and recommended the same to the Assembly for Pay- ment.
At a Council held at Philadelphia, August 26th, 1727.
PRESENT :
The Honble PATRICK GORDON, Esqr., Lieut. Governour.
James Logan, William Fishbourn,
Richard Hill,
Clement Plumsted, Esq'rs.
Samuel Preston,
The House of Representatives waited on the Govr. according to order, and presented the two following Bills for his Approbation, vizt :
AN ACT for establishing Courts of Judicature in this Province.
A SUPPLEMENT to the Act for taking Lands in Execution for the Payment of Debts.
To which the Governour gave his Assent and pass'd them into Laws, and Ordered them to be sealed and published.
Then the Speaker, after presenting the Governour with a bill drawn on the Provincial Treasurer for £500, as the support for the remaining part of the current year, acquainted him that the House was desirous the Governour would pay the Indians a visit as usual, as soon as his health & conveniency would permitt; To which the Governour answered, that he would be always ready to doe what lay in his power to keep up a good Correspondence with the Indians, and for that End intended to visit them next summer, and that as they expect the usual presents on these occasions, he hoped the House would take care to make suitable provision for the Charges of the Journey.
The Governour then took occasion to acquaint the house, that several Indians from the five Nations had been here in July last to
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visit him, who had been entertained Twelve Days & had received some small presents, an account of the Charges of which, as exhibit- ed by the Provincial Treasurer, had been approved by the board, and therefore recommended it to the house to order the payment thereof. After which the Governour having thanked them for the Provision they had made for his support, the House withdrew and the Council adjourned.
At a Council held at Philadelphia, August 31st, 1727. PRESENT :
The Honble PATRICK GORDON, Esqr., Lieutenant Governour. James Logan,
Richard Hill,
Samuel Preston, William Fishbourn,
Isaac Norris, Clement Plumstead. 1 Esq'rs.
The Governour acquainted the Board, that the news of the Death of His Majesty King George, and of his Royal Highness the Prince of Wales being proclaimed King, seemed now to want no further Confirmation, it appearing true by several accounts from London, as well as the printed Proclamation from New York and Boston ; And that therefore he had given notice to the Mayor and Commonalty of this city, of his intentions this day to proclaim here his said Royal Highness King of Great Britain, &c, and expected that the members present would likewise give their attendance on this occasion that the Ceremony might be performed with all suitable solemnity.
To which the board unanimously agreed & desired the Governr. would give the necessary orders therein, and that they were ready to attend him.
At a Council held at Philadelphia, Septemr. 1st, 1727. PRESENT :
The Honble PATRICK GORDON, Esqr., Lieut. Governour. Richard Hill, William Fishbourn, Isaac Norris, Clement Plumstead.
Esq'rs.
Samuel Preston,
After the Governour had acquainted the Board, that yesterday His Royal Highness George, Prince of Wales, had been publickly proclaimed here King of Great Britain, &c., by the name of George the Second, with the Solemnity and Ceremony suitable on that oc- casion, His Honour took the Oaths, and the several Members pre- sent the Affirmations of Allegiance and Fidelity to his said Majesty and Abjuration of the Pretender, as did likewise the Clerks of the Council.
The Governour then desired the Advice of the Board, whether his Majesty should be proclaimed in each of the three lower Counties upon Delaware, or whether it would not be sufficient if it was only done at Newcastle, seeing that place is reputed the Seat of Govern- ment of these Counties.
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The Board is of opinion that it is sufficient if done at Newcastle.
After which the Governour took occasion to inform the Board, that the uncertain state of his health would not allow him to make Journey hither as he had intended, but that however he would give the necessary directions to the Gentlemen of the Magistracy there.
It was then proposed to renew the several Commissions of the Su- preme Courts, and of the Peace, for the Province and Counties in His present Majesty's name, which being by the board approved of It's ordered that new Commissions be forthwith issued in his present Majesty's Name to the same Judges and Justices named in the Com- missions now subsisting, leaving out those of them that are dead, & adding James James to the Commission of the Peace for the County of Chester, whom the board held proper to be commissionated a Jus- tice of that County.
Samuel Preston Esqr., one of the members present, moved that his Name might be left out of the Commission of the Peace for Philadel- phia County, because his affairs would not allow him to give the ne- cessary Attendance, Which was Conceded to.
At a Council held at Philadelphia, September 14th, 1727.
PRESENT :
The Honble PATRICK GORDON, Esqr., Lieut. Governour. James Logan, William Fishbourn, Richard Hill, Isaac Norris,
Clement Plumstead, Esq'rs.
The Governour acquainted the board, that he had called them to- gether at this time to inform them that there is lately arrived from Holland, a Ship with four hundred Palatines, as 'tis said, and that he has information they will be very soon followed by a much greater Number, who design to settle in the back parts of this province ; & as they transport themselves without any leave obtained from the Crown of Great Britain, and settle themselves upon the Froprietors untaken up Lands without any application to the Proprietor or his Commissioners of property, or to the Government in general, it would be highly necessary to concert proper measures for the peace and security of the province, which may be endangered by such nun- bers of Strangers daily poured in, who being ignorant of our Lan- guage & Laws, & settling in a body together, make, as it were, a dis- tinct people from his Majesties Subjects.
The Board taking the same into their serious Consideration, ob- serve, that as these People pretended at first that they fly hither on the Score of their religious Liberties, and come under the Protection of His Majesty, its requisite that in the first Place they should take the Oath of Allegiance, or some equivalent to it to His Majesty, and promise Fidelity to the Proprietor & obedience to our Established Constitution ; And therefore, until some proper Remedy can be had from Home, to prevent the Importation of such Numbers of Stran- gers into this or others of His Majesties Colonies.
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PROVINCIAL COUNCIL.
'TIS ORDERED, that the Masters of the Vessells importing them shall be examined whether they have any Leave granted them by the Court of Britain for the Importation of these Forreigners, and that a List shall be taken of the Names of all these People, their several Occupations, and the Places from whence they come, and shall be further examined touching their Intentions in coming hither; And further, that a Writing be drawn up for them to sign declaring their Allegiance & Subjection to the King of Great Britain & Fidelity to the Proprietary of this Province, & that they will de- mean themselves peaceably towards all his Majesties Subjects, & strictly observe, and conform to the Laws of England and of this Government
At a Council held at the Courtho. of Philadia., Septemr. 21st, 1727.
PRESENT :
The Honble PATRICK GORDON, Esqr., Lieut. Governour. James Logan, William Fishbourn, Esq'rs. Richard Hill,
A Paper being drawn up to be signed by those Palatines, who should come into this Provinc with an Intention to settle therein, pursuant to the order of this Board, was this day presented, read & . approved, & is in these Words :
We Subscribers, Natives and late Inhabitants of the Palatinate upon the Rhine & Places adjacent, having transported ourselves and Families into this Province of Pensilvania, a Colony subject to the Crown of Great Britain, in hopes and Expectation of finding a Re- treat & peaceable Settlement therein, Do Solemnly promise & En- gage, that We will be faithful & bear true Allegiance to his present MAJESTY KING GEORGE THE SECOND, and his Successors Kings of Great Britain, and will be faithfull to the Proprietor of this Province ; And that we will demean ourselves peaceably to all His said Majesties Subjects, and strictly observe & conform to the Laws of England and of this Province, to the utmost of our Power and best of our understanding.
A Signed List was then laid before the Board, of the Names of one hundred & nine Palatines, who with their Families, making in all about Four hundred Persons, were imported into this Province in the Ship William and Sarah, William Hill, Master, from Rotterdam, but last from Dover, as by Clearance from the Officers of his Ma- jesties Customs there ; And the said Master being asked, if he had any License from the Court of Great Britain for transporting those People, & what their Intentions were in coming hither, said that he had no other License or Allowance for their Transportation than the above Clearance, and that he believed they designed to settle in this Province. They were then called in, and the several Persons whose Names are subjoyned did repeat & subscribe the foregoing Declara- tion, vizt :
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G. M. Wey, V. D. M. Hans Jerig Siegler, Jacob Gons, Hans Jorig Swab, Michael Peatley, Unicus Meyer,
Hendrick Meyer,
Hans Jerig Anspag,
Philip Stoygar, Elias Meyer,
Johannes Leyb, Hans Jerig Milder,
Hans Martin Lerystein,
Pastor Springler,
Hans Martin Wilder,
Hans Michael Fiell, Hans Jerig Hereylf, Abraham Beni, Jacob Josi,
Martin Prill,
Peter Seytz, Johannes Elkman,
Hans Bernard Wolf,
Frederick Heiligas, Andrew Simmierman,
Tobias Frye,
Philip Feruser,
Joseph Welbrogt,
Hans Michael Tagman,
Hans Serick Wigler,
Abraham Thurn,
Sebastian Creef,
Hans Jerig Craemen,
Hans Jerig Wolf,
Johan Habaraker,
Philip Jacob Reylender,
Anspel Anspag,
Ernest Roade,
. Hans Jerig Bowman, Alexr. Diebenderf,
Philip Siegler, Rudolph Wilke,
Sundry of these forreigners lying sick on board never came to be qualified.
At a Council held in the Courtho. of Philadia., Septemr. 27th, 1727.
PRESENT :
The Honble PATRICK GORDON, Esqr., Lieut. Govr. James Logan, Isaac Norris, Richard Hill,
Saml. Preston. Esq'rs.
A List was presented to the Board of the names of Fifty-three Palatines, who with their Families making in all about two hundred Persons were imported into this Province in the Ship James Good- will, David Crocket, Mr., from Rotterdam, but last from Falmouth, as by the Masters Affidavit signed by the Officers of the Customs there, it appeared upon Enquiry that the Master had no particular License for their Transportation. They were then called in, and the several Persons whose Names are subjoyned, did repeat & sign the Declaration inserted in the preceeding Minute, vizt :
Michael Sigrist, Michael Tanner, Joseph Schurgh, Hans Haggy, Jorgan Miller,
Jurg Steiniger, Joseph Clapp, John Adam Philple, Jurg Clap, Lodowick Clap,
Jacob Meyer,
Hans Filkisynger,
Hans Jerig Wiegle,
Hans Jerig Reter,
Diodorick Roida,
Hans Adam Miller,
Johannes Berret, Andrew Holtspan,
PROVINCIAL COUNCIL.
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Hans Leaman,
Christian, Miller,
Hans Langneker,
Jurgh Coch,
Hendrick Aberlee,
Jacob Walter, Senr.,
Raynard Jung,
Jacob Walter, Junr.,
Jacob Wygart,
Christopher Kirkhof,
William Wygart,
Hendrick Shultz,
Tewalt Leatherman,
Jacob Siegle,
Hans Michael Kuntz,
Jacob Gass, Senr.,
Jurg Michael Kuntz,
Jacob Gass, Junr.,
Ulrick Stoupher,
Frederick Gass, 4
Ulrick Zugg,
John Miller,
Peter Zugg,
Joseph Miller,
Barthol Sigrist,
Hans Miller,
Abraham Abaersoll,
Hans Foster,
Jacob Fritz,
Jacob Arnett,
Adam Kiener,
Paul Hein,
William Kiener,
Hans Hein,
Hans Keiner,
Bastian Meree,
Christain Webber,
Michael Lybert,
Hans Michl. Fredler,
Jurgh Zengh,
Philip Schaberger,
Jacob Ganwyer,
Hendrick Wolfe,
Mr. Logan acquainted the Board, that last night he received a Letter from John Wright, Esqr. one of the Justices of Peace of Chester County, giving Account that one Thomas Wright was killed by some Indians at Snaketown, forty miles above Conestogoe, which Letter, together with the Depositions of John Wilkins, Esther Burt and Mary Wright, and an Inquisition taken upon the dead body were all laid before the Board.
The said Depositions being read, sett forth, that on Monday the Eleventh of this instant, September, several Indians, together with one John Burt an Indian Trader, and the said Thomas Wright, were drinking near the House of said Burt, who was Signing and dancing with the indians after their manner, that some dispute arising be- tween one of the Indians and the said Wright, Burt bid Wright knock down the Indian, whereupon Wright laid hold of the Indian but did not beat him, that afterwards Burt struck the Indian several blows with his Fist, that the said Wright and Burt afterwards retired into the House where the Indians followed them and broke open the Door, that while Wright was endeavouring to pacify them Burt called out for his Gun, & continued to provoke them more and more, That hereupon the said Wright fled to the Henhouse to hide himself whither the Indians pursued him, and next morning he was there found dead. The Inquisition on the body setts forth, that the said Wright came to his Death by several blows on his Head, Neck and Temples, which the Jurors say, they believe, were given him by the Indians.
Jonas Davenport, who brought this Account, & was one of the Inquest, being called in and examined, says, that he was informed
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by credible People living near the place where the Murther was com- mitted, that John Burt sent for Rum to the Indians which they drank, and that he afterwards sent for more, that a Dispute arising between Burt & the Indians, the said Burt fill'd his hands with his own Dung and threw it among the Indians; that it is generally be- lieved if Burt had not provoked & abused them to so high a Degree the matter might be made up amicably, and that tho' it's very certain the Indians killed Thomas Wright, yet that the said Burt was the prin- cipal occasion of it. Being likewise examined of what Nation these Indians are, says, they are of the Munscoes Indians, who live on an Eastern Branch of the Sasquehannah.
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