USA > Pennsylvania > Colonial records of Pennsylvania, Vol. III > Part 41
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MINUTES OF THE
Prosecution ; he was however committed, & then Bound over to the Court.
At a Council held at Philadelphia, October 4th, 1729.
PRESENT :
The Honble PATRICK GORDON, Esqr., Lieut. Governor.
Isaac Norris,
Thomas Laurence,
William Fishbourn,
Ralph Assheton, Esq'rs.
Clement Plumsted,
Samuel Hasel.
The Governour acquainted the Board that James Smith, now in Philadelphia Goal under Sentence of Death for a Burglary, had been recommended to him by the Justices of the Supreme Court as an Object of Mercy, & that therefore he intended to spare his Life, & order him to be sent out of the Province, if the Board had no objec- tion thereto, which was readily agreed to.
Returns from the several Counties of the Province & and from the County of Newcastle, of Persons Elected for Sherifs & Coroners the Ensuing year were laid before the Board, and the following Persons were thereto appointed :
For Philadelphia City & County. Charles Read & Nicolas Scull being returned for Sherifs, & Owen Owen & Merick Davis for Cor- oners, Charles Read is appointed Sherif, & Owen Owen Coroner.
For Bucks County. Timothy Smith & Joseph Lupton being re- turned for Sherifs, & Jonathan Woolston & William Atkinson for Coroners, Timothy Smith is appointed Sherif, & Jonathan Woolston Coroner.
For Chester County. John Taylor & John Owen being returned for Sherifs, & Robert Park & Abraham Darlington for Coroners, John Owen is appointed Sherif, & Abraham Darlington Coroner.
For Lancaster County. Robert Barber & John Galbraith being returned for Sherifs, & Joshua Low & John Mitchel for Coroners, Robert Barber is appointed Sherif & Joshua Low Coroner.
And Commissions were ordered to the said Sherifs accordingly, they giving security as the Law Directs. It was likewise ordered that the Sherif of Lancaster County should give Security in the like Sum with that directed to be given by the Sherif of Bucks.
For the County of Newcastle. William Read and John Gooding being returned for Sherifs, & Morgan Morgan & William Graham for Coronors, William Read is appointed Sherif & Morgan Morgan Coroner.
The day following out of Council.
Returns of the Elections in the Counties of Kent & Sussex being laid before the Governor, His Honr. appointed the Persons following, vizt :
For Kent County. William Rodeney & Moses Freeman being returned for Sherifs, & Samuel Berry & Edward Jennings for Coro- ners, William Rodeney is appointed Sherif & Samuel Berry Coroner.
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PROVINCIAL COUNCIL.
. For Sussex County. Rives Holt & John Jacobs being returned for Sherifs, & Joseph Pemberton & John Roades for Coroners, Rives Holt is appointed Sherif & John Roades Coroner.
At a Council held at Philadelphia, October 15th, 1729.
PRESENT :
The Honble PATRICK GORDON, Esqr., Lieut. Governor. Clement Plumsted, Ralph Asheton,
Thomas Laurence, Samuel Hasel. Esq'rs.
The Representatives of the Freemen of this Province elected the Ist instant, having mett yesterday in Assembly in pursuance of the Charter & the Law in that case made & provided, waited this day on the Governor to present to him their Speaker.
And Andrew Hamilton, Esqr., addressing himself to the Governor said, that the House had thought fitt to chuse him to be their Speaker, and tho' he knew it was very usual for the Person so chosen to de- cline that office often times, thro' an affected rather than a real Modesty, (for that he believed most People were inclined to think well enough of themselves,) yet he would so far deviate from that custom as to assure the Governor, that he would endeavour to dis- charge that Trust to the best of his Ability, if His Honour should think fitt to approve of him.
To which the Governor replyed, that he had always had a very great regard for the House's Choice, but that now he had a particu- lar Pleasure in declaring his Approbation of a Gentleman, whose Knowledge & Experience in Business could not fail of rendring him very serviceable to the Country in that Station.
Then the Speaker having thanked the Governor in behalf of the House, requested That they may enjoy Freedom of Speech in all their Propositions & Debates, & that his own unwilling Mistakes & Omissions may be excused; That the Governor would be pleased to putt the most favourable Construction on their Words & Actions.
That upon all necessary Occasions they may have free Access to the Governor.
That their Persons & Estates may be free from all Imprisonments, Arrests & Molestations, during the time of their Sittings in Assem- bly; & That the Governor would not suffer any report to be made unto him, of any matters either moved or debated in the House, until they be concluded or resolved upon, nor give any Credit to such Report.
All which the Governor having readily promised the House with - drew.
At a Councill held at Philadelphia, January 1st, 1729-30. PRESENT :
The Honble PATRICK GORDON, Esqr., Lieut. Governor. Isaac Norris, Samuel Preston,
Clement Plumsted, Ralph Assheton, Esq'rs.
Will'm. Fishbourn,
Samuel Hazel.
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MINUTES OF THE
The Petition of James Sprouse & James Mitchel, now in Philadel- phia Goal, under a Sentence of Death for Burglary, were read, pray- ing the Governor's Mercy, & that they may be ordered out of the Province. But the Consideration thereof was deferr'd till the Chief Justice should acquaint the Governr with the Proceedings of the late Court of Oyer & Terminer, where these Criminals were condemned, & likewise give his Opinion how far they appear objects of Compas- sion.
Application being made in behalf of John Carter of Chester County, Blacksmith, that he may be appointed the officer in that County, to putt in Force a Law of this Province for Regulating Weights & Measures, The Board approved of him, & Ordered that he be com- missionated for that Purpose.
At a Council held Philadelphia, January 8th, 1729-30.
PRESENT :
The Honble PATRICK GORDON, Esqr., Lieut. Governor.
Isaac Norris, Clement Plumsted,
Samuel Preston,
Willm. Fishbourn,
Samuel Hazel. Esq'rs. L
The Consideration of the Petitions Preferr'd last Council being entred into, & a Letter from the Chief Justice being read, the Mem- bers were of Opinion that, seeing the Proof against Mitchel did not appear to the Chief Justice to be full his Life might be spared, and that Sprouse should suffer, unless his Youth & Penitency should in- duce the Governor to extend his Compassion to him likewise, which was left to the Governor's Discretion.
At a Council held at Philadelphia, January 12th, 1729 .- 30.
PRESENT :
The Honble PATRICK GORDON, Esqr., Lieut. Governor.
Isaac Norris,
William Fisbourn,
Samuel Preston, Clement Plumsted. ( Esq'rs.
The Governor having prepared a Speech to the House of Repre- sentatives now convened, laid the same before the Board for their Opinion thereon, which being read & considered was unanimously approved of, & a Notice was ordered to be given the House to attend His Honr. in Council to morrow morning.
At a Council held at Philadelphia, January 13th, 1729 -- 30. PRESENT :
The Honble PATRICK GORDON, Esqr., Lieut. Governour.
William Fishbourn, Clement Plumsted, Thomas Laurence,
Ralph Asheton, Samuel Hazel. Eis's
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PROVINCIAL COUNCIL.
The House of Representatives with their Speaker, attending ac" cording to order, the Governor spoke to them as follows :
" Mr. Speaker & Gentlemen of the House of Representatives :
" It is with no small Satisfaction I observe that the oftner I have " opportunities given me by the ensuing ycar, of meeting the Repre- " sentatives of this Province in Assembly, there appears an additional "Increase of that mutual Confidence between me & them which "alone can produce the Harmony wherein the true happiness of " Government consists.
" And on this Occasion I cannot but repeat the Notice I took at " my first Entrance on the Administration, of what the People under " my Care might expect from my former Engagements and Course " of Life, for I cannot now doubt but my continued Endeavours to " discharge my present Trust with plainness & Candour, free from " any mixture of Art which I have ever been a Stranger to, has " under Divine Providence greatly contributed to my Success with a " People who have stood distinguished for the like Qualities amongst " the rest of Mankind.
" And as this Conduct therefore naturally begets a firm and mu- " tual Dependance, I shall have the less Occasion at this time to " renew to you those Assurances I have constantly given, of my " Readiness to concur in whatever may Promote the real Interest & " Honour of this Colony. I have hitherto demonstrated my sincere " Inclination to advance these, nor have the Assemblies in Return, " been wanting on their Parts to express their Confidence in " me.
" And as it was truly in pursuance of this Inclination that I gave "my Assent to our last Act for the Emission of Thirty thousand " Pounds in Bills of Credit, so from the same Disposition I have to " the utmost of my Power, laboured to recommend it to our Superi- " ors at home, in such a manner as might either obtain the Royal " Sanction thereto or at least secure it from a Repeal. But hitherto " I have not had the good Fortune to know with any Certainty, how " my Conduct is approved, or with what success the Act itself may " be attended.
" But as I chiefly grounded my Judgment of the Necessity of " such Emission, and of the Benefit it might prove to the whole " Province, upon the Confidence I had in the Justice of that Assem- " bly's Representation, so I can with great Truth say it was from " these motives that I gave my Assent to that Act, to which as I then " did, I shall always most heartily wish the happiest Issue.
" I need not now I hope, Gentlemen, putt you in mind of the " great Advantage of Unanimity in all Publick Councils, nor how " much it will contribute to the Dispatch as well as Justice of all "your Deliberations. For the Consideration of the Blessings we " enjoy under a most Gracious Sovereign, & under Proprietors full " of Tenderness & Affection for a people whose real Happiness & " Honour they are on all occasions desirous to promote, I am per- " swaded cannot fail of leading you through the Justest Principle of
16*
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MINUTES OF THE
" Gratitude to a sedulous & solicitous Discharge of your Duty, both " to your Superiors & to those you represent.
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January 16th, 1729-30.
A Petition of several Germans praying to be naturalized, having been presented to the Governor, His Honr. after a strict Enquiry into their Characters & advising thereon, thought fitt to send the following Message to the House :
" Gentlemen :
" Upon Application made to me in behalf of several Germans, " now Inhabitants of the County of Lancaster, that they may enjoy " the Rights & Privileges of English Subjects, & for that End pray- "ing to be naturalized ; I have made Enquiry & find that those " whose names are subjoyned to a Petition that will be laid before " your House are principally such who many years since came into " this Province under a particular Agreement with our late Honoura- " ble Proprietor at London & have regularly taken up lands under "him. It likewise appears to me by good Information, that they " have hitherto behaved themselves well, and have generally so good " a Character for Honesty & Industry as deserves the Esteem of this " Government, & a Mark of its Regard for them. I am therefore "inclined from these Considerations to favour their Request, & " hope you will joyn with me in passing a Bill for their Naturaliza- " tion.
" I have likewise received a favourable Character of John Neag- " ley, Bernard Reser & John Wistre, of Philadia. County, whose " names may be inserted in the said Bill with those now recom- " mended."
P. GORDON.
At a Council held at Philadelphia, Janry. 29th, 1729-30.
PRESENT :
The Honble PATRICK GORDON, Esqr., Lieut. Governor.
James Logan, Isaac Norris,
Thomas Laurence, Samuel Hasel. Esq'rs.
Clement Plumsted,
The following Bills being sent up by the House of Representa- tives were read, viz :
AN ACT for the better Enabling divers Inhabitants of the Pro- vince of Pennsylvania and to hold Lands, & to invest them with the Privileges of natural born Subjects of the said Province.
AN ACT for regulating Pedlars, Vendues, &c : and
AN ACT imposing a Duty on Persons convicted of heinous Crimes, & to prevent poor & impotent Persons being imported into the Province of Pensylvania.
Some small Amendments being made to the first of these, were ordered to be sent down with the Bill, and the Consideration of the other two was deferred till to morrow.
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PROVINCIAL COUNCIL.
At a Council held at Philadelphia, Janr. 30th, 1729-30. A
PRESENT :
The Honble PATRICK GORDON, Esqr., Lieut. Governor.
James Logan, Thomas Laurence,
Isaac Norris, Ralph Asheton,
Samuel Preston,
Samuel Hasel.
Esq'rs. L
Clemt. Plumsted,
The Consideration of the Bills mentioned in the foregoing Minute being entered into several Amendments to each were proposed, as was likewise a Clause to the Bill imposing a Duty on Persons con- victed of heinous Crimes, &c., by which the Examination of all Servants and Passengers imported into Philadelphia, should be taken before the Mayor of the said City for the time being, & that all Sales & Assignments of Servants within the said City, should be made before him & none other, & the same was drawn up, together with the several Amendments, and ordered to be sent down to the House with the said Bills.
At a Council held at Philadelphia, February 6th, 1729-30.
PRESENT :
The honble PATRICK GORDON, Esqr., Lieut. Governor. James Logan, Thomas Laurence, -
Samuel Preston, Samuel Hasel. L
Esq'rs. William Fishbourn,
The three Bills sent down with Amendments being returned, were read, & it appeared that the House had agreed to all those which were proposed to be made to these two, vizt : for Enabling divers Inhabitants to hold Lands, &c., and for regulating Pedlars, Vendues, &c., and likewise to the Clause & several of the Amendments pro- posed to the Bill imposing a Duty on Persons convicted of heinous Crimes, &c., and assigned Reasons for their rejecting others ; Which being considered by the Board, they are of Opinion that the said Bills stand as now amended, & be returned to the House in order to be engrossed. Then were read the two following Bill sent up from the House, vizt :
A SUPPLEMENTARY ACT to an Act of Assembly of this Province, Entig 'ed An Act against buying Lands of the Natives.
AN ACT the continuing the Encouragement for raising good Hemp within sans Province, & imposing certain Penalties on Persons manufacturing or working up unsound & unmerchantable Hemp into Cordage and Cables.
The first of which was agreed to without any Amendments, and to the other it was proposed that the Ropemaker should take an Oath or Affirmation, to be administered to him by the Officer appointed by the Act, that he will not work up or make, or cause to be wrought up or made in Cables or Hausers, any Dew-rated or unmerchantable water-rated Hemp, or use any other Sort of Hemp therein but good
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MINUTES OF THE
& sufficient water-rated Hemp, according to the true Intent & meaning of the Act: Which Amendment being drawn up, was ordered to be sent down with the said Bills.
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At a Council held at Philadelphia, February 10th, 1729-30.
PRESENT :
The Honourable PATRICK GORDON, Esqr., Lieut. Governor.
James Logan, William Fishbourn,
Isaac Norris,
Thomas Laurence. Esq'rs.
Samuel Preston,
The Governor acquainted the Board that the House had agreed to the Amendment made to the Bill for continuing the Encouragement for raising good Hemp, &c.
Then was read a Bill sent up from the House, Entituled,
AN ACT for the Relief of insolvent Debtors within the Province of Pensylvania.
And after some time spent thereon, the further Consideration of the said Bill was deferr'd till the next meeting of Council.
At a Council held at Philadelphia, Febry. 11th, 1729-30.
PRESENT :
The Honble PATRICK GORDON, Esqr. Lieut. Governor. James Logan, Ralph Asheton,
William Fishbourn, Samuel Hazel. } Esq'rs.
The Bill for the Relief of Insolvent Debtors was again read, to which several Amendments were proposed, founded on the following Observations :
1st. That as this bill nearly affects Creditors who are to recover their just Rights from those who have disappointed them, all due Care should be taken that Justice be done to the honest Creditor in the best manner, & at the same time that no unfortunate Debtor be oppressed with Severities that are of no Benefit to the Creditor, & that notwithstanding in Britain they have made such Provision for themselves, yet as an Act of the same Kind made here may affect Creditors in Britain, unless there be some Provision for such Cases it may endanger the whole Act.
That altho' in. Britain they are wholly Strangetanb Servitude as practised amongst us, or binding of Persons othereste than as Ap- prentices, & therefore none of their Acts have ever Directed Satis- faction to be made for Debts by any such means, yet in those Coun- tries, where great part of the Work is performed by Persons of such Condition, & nothing is more common than for Husbandmen & others to lay out their money in Purchases of this Sort, 'tis highly reasonable that People fitt for Labour, or performing any Service by which they can earn Money, should by the same Method make Satisfaction for their just Debts.
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PROVINCIAL COUNCIL.
3. That those parts of the Bill relating to Goalers and the Regu- lation of Prisons, appear to have been taken from two British Acts of Parliament, for the Prevention of Abuses in their Prisons, which by the publick Prints have been very exorbitant, & undoubtedly it should be putt out of every Officer's Power to committ any. But as our Circumstances differ, Care should be taken that while on the one hand we guard against Abuses, we do not on the other render the Execution of Justice, if not impracticable at least very difficult, especially when the odd humours & Tempers of many of those who are most likely to be committed are considered, so that it may be doubted whether any Person will be prevailed on for the slender Profits of the Place to undertake so troublesome a Charge.
And Amendments being accordingly drawn up were Ordered to be carried into the House with the said Bill.
February 11th.
MEMORANDUM : The Governour having received on the 9th currt., a Resolve of the House in these Words, vizt :
" DIE LUNAE, Febry. 9th, P. M.
" Pursuant to the Resolve of Saturday last, the House resumed " the Consideration of a Motion made by divers members, of this " House, that a Bill be brought in for the Emitting for the term of " sixteen years, the principal Sums & Quotas of money that have " been or shall be paid into the General Loan Office of this Province, " upon the foot of the several former Acts of Assembly of the said " Province, (exclusive of the last thirty thousand pound Act,) for " Emitting divers Sums of money in Bills of Credit, And it being " moved that before this House proceed to any further Resolve " thereupon, the Governor be acquainted that the said Matter is now " before them for their Consideration, & that the House desires to " know what Accounts the Governor hath received, touching the " former Paper money Acts that have been transmitted to England, " & what Success is like to attend them; It is upon the Question, " resolved in the Affirmative, N. C. D."
His Honour desired the House to lay before him the several Let- ters which they had received from the Honble the Proprietor & Micajah Perry, Esquire, their Agents on the Subject of Paper mo- ney; which being accordingly done, The Governor after mature Consideration of the whole, thought fitt to send a written Message to the House, in these Words :
GENTLEMEN :
" When I received the Message by four of your Members, by " which I find a motion had been made in your House, that a Bill " be brought in for Re-emitting for the term of Sixteen years, all " the principal Sums or Quotas of money that have been or shall be " brought into the General Loan Office, & thereupon you desire to " know what Accounts I have received touching the former Paper " money Acts that have been transmitted to England, and what
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" Success is like to attend them. Though I was at no loss then to " return an Answer, yet having reason to believe you had received " such Accounts both from the Proprietors & your Agent as might " fully give you the Sense of our Superiors at home, by whose Judge- " ment these Bills must stand or fall, I was desirous to see also their " Letters, the View of which has rather confirmed than altered my " former Opinion, which I shall now give you very freely, as fol- " lows :
" How far I have been disposed to consult the Ease, to advance " the Interest & favour the Inclinations of the good People of this "Province, I observed to you in my late Speech, & I hope I have " from time to time given all the possible Demonstrations of this " that have been in my Power, & I know not how I can at this time " give you a better Proof of the same than to assure you, that from " all the Lights I have received, nothing in my Judgement can be " more unreasonable, nor in Effect may prove more destructive to the " Interest of the Province, than to make any further Attempts what- " soever in relation to our Paper Currency; for as I conceive the " least step made in it at this or any other time, till the Acts we al- " ready have are better secured, will certainly endanger the whole, " & further draw down a Censure on us from the Ministry for so " precipitated a Conduct, that might prove extremely to the Disad- " vantage of the Province.
" And as for my own Part, though I must say that I have the " strongest Inclinations to gratify the Desires of the Inhabitants, " when regularly handed to me by their Representatives, Yet I am " sure that should I now pass any other Act for a further Emission, " I should be so far from benefitting the Countrey by it, that I should " render myself entirely incapable of doing it any further Service ;) " for I should so effectually ruin my Credit with all those about His " Majesty on whom we must ever depend, that it would be in vain to " apply for any Favour whatsoever for the future, & therefore I " shall never on any Consideration, concur in what would be attend- " ed with such pernicious Consequences ; And I must now earnestly " recommend it to the House, that instead of proceeding in this Mo- " tion, they would on the other hand resolve on such Measures as "may more effectually secure the Bills already transmitted from a " Repeal, of which they are not out of Danger.
" And as to the Re-Emission of the moneys already paid in & " now lying in the Office, of which I hear there is a considerable " Sum, you are sensible that it is subject to the Re-emitting Act " of which above six years are yet unexpired-a Term that no Man " who really wants money, can reasonably think too short for him to " continue a Debtor, or to keep his Estate under an Incumbrance. " And for the Payments that are to be made by the last Act, they' " will come in such small Portions that the Decrease of the Currency " will be very slowly felt, & for some years be scarcely perceived.
" But on this occasion I cannot forbear observing on Mr. Perry's " Letter, that if what he says of Mr. Penn be just, the Gentleman " last named had certainly altered his Sentiments before he wrote.
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PROVINCIAL COUNCIL.
" to me, for tho' the Bill gave him great Apprehensions & he was " very doubtfull of its success, yet he expresses all the Tenderness "for its Preservation that could be expected from the heartiest " Friend to it. I am apt therefore to believe Mr. Perry was not " fully informed on the Subject when he wrote that Letter."
At a Council held at Philadelphia, Febry. 12th, 1729-30.
PRESENT :
The Honble PATRICK GORDON, Esqr., Lieut. Governour. James Logan, Ralph Asheton,
Willm. Fishbourn,
Samuel Hasel. Esq'rs.
Thomas Laurence,
Two Bills sent up from the House being read; vizt :
AN ACT for lending the sum of Three hundred Pounds in Bills of Credit, for building a Prison & Courthouse in Lancaster County.
A SUPPLEMENT to the Act Entituled An Act for preventing clandestine Marriages.
The first was ordered to be returned to the House, without Amend- ment, & some few being proposed to the other, were drawn up and likewise ordered to be carried in with the Bill.
At a Council held at Philadelphia, Febry. 13th, 1729-30.
PRESENT :
The Honble PATRICK GORDON, Esqr., Lieut. Governor. James Logan, Thomas Laurence,
Willm. Fishbourn,
Samuel Hasel. Esq'rs.
Clement Plumsted,
A Bill sent up from the House Entituled,
AN ACT laying an Excise on all Wine, Rum, Brandy & other Spirits retailed in this Province was read, & ordered to be returned without Amendment.
Then were read the two Bills again sent up, vizt: A Supplement to the Act for preventing clandestine Marriages, & the Act for the Relief of Insolvent Debtors. It appeared that the House had agreed to all the Amendments proposed to the first, & the same was there- fore ordered to be sent down and Engrossed. It likewise appeared the House had conceded only to a few of the Amendments proposed to the other, whereupon the whole Bill was again had under Consi- deration, & after a long Debate thereon (During which came in Samuel Preston, Esquire,) It was agreed that the same be returned to the House with a verbal Message to this Effect :
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