USA > Pennsylvania > Colonial records of Pennsylvania, Vol. III > Part 46
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66
" The Repeal also of our last Law for establishing Courts of Judi- " cature, obtained by the Endeavours of some Persons on pretence " that it is prejudicial to His Majesty's Interest, (of which, tho' it is " not notified to me in form, I have notwithstanding certain Advice,) " may deserve your Consideration. Yet as by that Repeal the for- " mer Law, pass'd in the Year 1722 for the like purpose, comes " again in force, the Inconveniency I hope will be the less; the " greatest is the Charge that you will find hath attended the Defence " of it, which tho' greater than we could have wished, had been in- " curred on that Occasion, yet as the Pains that have been taken in " that Defence give a manifest proof of the Care and Vigilance of our " Agent, in supporting the Rights of the Freemen of this Province, " you will no doubt consider his Services and the Necessity of a " further Encouragment to one in his Station.
" The late Encroachments of the French in erecting Fortifications " so near to Albany, and their incessant Endeavours in practising on " our Indians, to gain them over to their Interest, have deservedly " alarmed our Neighbours, the Province of New York, who have " humbly besought his Majesty's Protection, and from his Royal " Concern for the Ease and Security of all his Subjects, it is to be " hoped effectual Measures may be concerted for putting a timely " stop to such dangerous Attempts in these his Majesty's Dominions. " From what hath been communicated to me on these Heads, and " the Examinations of some of our own Indian Traders lately taken " before me, you will clearly see the Necessity of turning your " Thoughts to the Consideration of Indian Affairs, and of providing " by proper Regulations for the Peace and Safety of the Province, " which is too frequently endangered by Persons Settling on Lands " not yet purchased of the Natives, and undue Manner in which our " Trade with them for these several Years past has been carried on.
420
MINUTES OF THE
'. We have now large Expectations given us of seeing one of our " Honourable Proprietors here next Spring, who, as they succeed " to the Honours and Estate of their much Esteemed Father, our " late worthy Proprietor, we cannot doubt but they Equally inherit " his Virtues and imitate his Example, in their Affection and Good- " will for this Province, and therefore cannot fail of being cordially " received by all its Inhabitants.
" It may be very convenient to proceed at this meeting to consider " of such other public business as may come before you, which will " be an ease to yourselves and a means of lessening the publick ex- " pence."
E.
Extracts of several paragraphs of the agent's letters, the advices from New York, & the examination of two Indian Traders were the same day sent down to the house from the Governor.
-
NOVEMBER 24th.
The Governour this day received the following address from the House :
" To the HONOURABLE PATRICK GORDON, ESQUIRE,
" Lieut. Governour of the Province of Pennsylvania, &c :
" The ADDRESS of the Representatives of the Freemen of the " said Province in General Assembly met.
" May it please the Governour :
" We are very sensible of the Great Care and regard the Gover- " nor has upon all occasions shewn for the prosperity of the Province " of Pennsylvania ; and we esteem the calling us together at this " time and upon this Occasion, and the communicating to us the " Advices from Great Britain, as a fresh instance of his real Con- " cern for our Welfare. "
" We are fully convinced that if such an Act of Parliament as is " pray'd for by the inhabitants of the Sugar Islands, should pass, " it would be of very ill consequences not only to his Majesty's North- " ern Colonies in America, but also to the trade of Great Britain " itself. And we should be much wanting in our duty to the people " we represent, did we not lay hold of every opportunity and do " every thing in our power, that we can judge may be proper to " prevent the destroying this infant Colony, which the restraining of " its Trade would effectually do, by that means putting it out of our " power to be serviceable to our Selves, or useful to our Mother " Country.
" We are extremely concerned that their Lordships of the Board " of Trade were so ill informed of the intentions of the Legislature " of Pennsylvania, in passing the Act of Assembly for establishing " Courts of Judicature, or that it should be understood as proceed- " ing from a want of Duty to the King or regard to the persons em- " ployed under him.
" The Governour is sensible the Legislature had no other View in " the making that act, than to give an opportunity to all persons
421
PROVINCIAL COUNCIL.
" who may have to do with Courts of Justice here, to apply to a "Superior Judicature for Redress by way of Appeal or Writt of " Error, if they conceived themselves aggrieved by the Sentence of " that Court, before whom Judgement was given, which by our Con- " stitution no person can have but by appeal to Great Britain, if the "Supreme Court can hold Plea of Causes originally commenced "there. But upon reading the papers the Governour has been " pleased to communicate, to us touching the repcal of the said Law, " and the methods that have been taken to obtain it, We cannot help " saying that so much of the Representation made to the King as " insinuates the partiality of our Inferiour Courts of Justice, or that " the said act was gained by the undue influence of particular per- " sons, on the Governour and General Assembly of this Province, " is false and scandalous, and that the author studied rather to re- " commend himself by such suggestions, than to do his Majesty any " real service.
" We are well satisfied of the care and diligence of our agent, and " shall not be wanting to give such encouragement as his services " deserve and our Circumstances will admitt. But we observe with " Concern that the Expenses arising upon the Solicitation of our " affairs in England, this last year, which are now to be discharged, " have far exceeded anything of this kind that hath hapned to this " Province heretofore.
" We cannot be without just apprehension of the daily encroach- " ments of the French, as well upon our own frontiers, and our In- " dians, as those of our neighbouring Colonies. This danger now " seems very eminent, and tho' we have not the means in our hands " to prevent it, yet we esteem it our duty to do everything in power " to give our Superiors a true information of the ill state of the North- " ern Colonies in general, and of the Subjects of the Crown of Great " Britain inhabiting the Province of Pennsylvania in particular, from " the late bold attempts of our two nigh neighbours, the French, " whose assiduity even now in time of peace, in making encroach- " ments upon our Country, is but too manifest.
" We are of opinion that the due execution of the Laws now in " being, may be very effectual to prevent any mischiefs arising either " by the ill practices of our Indian Traders, or the people's settling " upon the Lands not yet purchased by the Natives.
" The Liberties and Privileges we derive by the Charter granted " to the People of this Province, by our late Honourable Proprietor, " cannot fail of exciting in every good Man a strong Desire of see- " ing any of his Descendents here, and their being Inheritors of his " Vertue and Affection to the People, will justly Entitle them to a "joyful Welcome to their Province of Pennsylvania."
Signed by Order of the House. " A. HAMILTON," Speaker.
To which His Honor gave the following answer:
" Gentlemen :
" The Regard you express for the Honourable Proprietary Family, 18*
422
MINUTES OF THE
"and the Sense you entertain of my Endeavours for the Publick Ser- " vice cannot but be very agreeable to me. And I am perswaded " your House will not fail of shewing a proper Zeal for the Interest " of your Country, by a careful Consideration of what has been re- " commended to you."
E.
NOVEMBER 25th.
The House by a Message having this day desired that the Governor would please to appoint some Gentlemen of his Council to confer with a Committee of the House, on the Subject of the Addresses to be prepared for His Majesty and both Houses of Parliament. The Governor appointed James Logan, Isaac Norris & Clement Plumsted, Esquires, for that Purpose, and notified the same to the House by his Secretary.
E.
At a Council held at Philadelphia, Novr. 27th, 1731.
PRESENT :
The Honble PATRICK GORDON, Esqr., Lieut. Govr.
James Logan,
Isaac Norris, Esq'rs.
Samuel Hasell.
The Governour having imparted to the Board the several Papers referred to in his Speech, together with the House's Address, a Bill sent up was read, Entitled
AN ACT for Reviveing and continuing the Proceedings of the Courts of Judicature within this Province, to which some small Amendments being made, the same was ordered to be sent down to the House.
The said Amendment being agreed to :
P. M.
The whole House waited on the Governor, and their Speaker pre- senting the Bill above mentioned for His Honour's Assent, the same was passed into a Law of this Province, & a Warrant Signed for affixing the Great Seal thereto. The Governor was acquainted that the Addresses when fairly engrossed would be laid before him. E.
At a Council held at Philadelphia, Decemr. 4th, 1731.
PRESENT.
The Honorable PATRICK GORDON, Esqr., Lt. Governor.
Clement Plumsted, Ralph Assheton,
Thomas Laurence,
Samuel Hassell. Esq'rs.
The Engrossed Addresses to the King, Lords & Commons which
423
PROVINCIAL COUNCIL.
had been prepared by a Committee of this Board and of the House of Representatives were this day read, and being Signed by the Gov- ernor and by the Clerk of the Council by Order of the Board, were directed to be returned to the Committee appointed by the House to correspond with the Agent, that being signed by the Speaker they may be forthwith transmitted.
Which several Addresses are in these Words :
"TO THE KING'S MOST EXCELLT. MAJESTY :
"THE PETITION of the Lieutenant Governour and his Council " and of the General Assembly of the Province of Pennsylvania :
" In most humble manner sheweth :
"THAT the tender Concern your Majesty has on all Occasions " shown for the Prosperity of your People and your Singular Good- " ness in condescending to hear the Complaints of even the meanest " Emboldens us, your Majesty's Dutifull and most Loyal Subjects, " to cast ourselves at your Majesty's feet and implore your Princely " Interposition in favor of your Northern Colonies on the Continent " of America, now most unnaturally attacked by Our fellow Subjects " of Your Majesty's Sugar Islands, who not content with the Great " Gains they yearly make from their rich Plantations, Endeavour by " Misrepresentations to obtain an Act of Parliament for debarring " these Colonies in Effect, from all Commerce with any others in " America but themselves. The certain Consequence of which would " prove a vast Diminution to the Navigation of Great Britain, an " Increase of the Shipping of Our foreign Neighbours, a large Re- " duction to the Exportation of the British Manufactures, and by "the Decay of their Trade would extremely impoverish these your " Majesty's Colonies, and by that means not only render us useless "to Our Mother Country but expose Us to great Dangers from "our powerfull Neighbours, the French, by whom we are now sur- " rounded.
"We therefore most humbly beseech your Majesty, that you " would be graciously pleased to extend your Princely Compassion " to Us by discourageing an Attempt so injurious, as well to the " Interest of Great Britain as to that of your Majesty's faithful and " Loyal Subjects, inhabiting your Northern Colonies in America. " And your humble Petitioners, as in Duty bound, shall ever pray " for your Majesty's Long and prosperous Reign."
"TO THE RIGHT HONOURABLE THE LORDS SPI- " RITUAL & TEMPORAL, in Parliament Assembled.
"THE PETITION of the Lieutenant Governor, his Council, and "of the General Assembly of the Province of Pennsylvania,
" HUMBLY SHEWETH :
"THAT a Design having been formed by some Inhabitants of " His Majesty's Sugar Islands, to promote their own private Advan- " tage by restraining the Trade of His Majesty's Northern Colonies " on the Continent of America, and engrossing it to themselves, A "Bill for that Purpose was brought into the Parliament of Great
424
MINUTES OF THE
" Britain at their last Sessions, which then most happily Stopt with "your Lordships.
" That your Petitioners are under the deepest Concern to find that " an Attempt of the like Nature is again to be renewed, which, " should it take Effect, will not only tend to the Ruin of this and " the other British Colonies on this Continent, but likewise most " sensibly Affect the Trade and Interest of Great Britain itself.
" Your Petitioners therefore most humbly pray that they may be " heard by Council, before any Bill so injurious in its Consequences " to this and His Majesty's other Northern Colonies on the Conti- " nent of America, do pass into a Law. And your Petitioners as in "Duty bound, shall ever pray, &c."
"TO THE HONOURABLE THE COMMONS OF GREAT " BRITAIN, in Parliament Assembled :
" THE PETITION of the Lieutenant Governor and his Council " & the General Assembly of Pennsylvania. -
" Humbly Sheweth :
" THAT from the great Care and Vigilance the House of Com- " mons hath at all times shewn for the Welfare and Safety of their "fellow Subjects of every Degree, your humble Petitioners are en- " couraged to hope that the same tender Regard will be extended to " them and His Majesty's other Northern Colonies in America, in a " Point that not only deeply affects their Interest, but That also of " the whole Kingdom of Great Brittain.
" This, may it please your Honourable House, is the unnatural " Attempt of His Majesty's Subjects of the Sugar Islands, who " presuming as we Judge, on their great Wealth already acquired, " and in hopes of further augmenting it, are now endeavouring to. " obtain an Act for restraining the Trade of these Colonies with the " foreign Plantations, and in a great Measure confining it to them- " selves alone, not only to the Oppression of His Majesty's Subjects " Inhabiting these Colonies, but to the Manifest prejudice of Britain "itself, by lessening the Exportation of its Manufactures, which on " the passing of such an act must inevitably Ensue.
" But if it shall appear that these His Majesty's Colonies will by " such an Act, if it should Pass, be not only impoverished, and " thereby made an Easy prey to our Powerfull and watchfull " Neighbours, the French, who now surround us and appear bent " on enlarging their Dominions, but also be rendred useless and " unprofitable to Great Britain. Your Petitioners crave Leave to " hope from the Great Wisdom of thise Honourable House, that " an Attempt which may be attended with so many destructive Con- " sequences, will never be Countenanced by the Commons of Great " Britain.
" Wherefore your Petitioners most humbly pray that they may " be heard by their Council against the Bill, and in Support of what "is with all Dutyfull Submission here alledged. And your Peti- " tioners as in Duty bound, shall ever pray."
E.
425
PROVINCIAL COUNCIL.
At a Council held at Philadelphia, Decemr. 10th, 1731.
PRESENT :
The Honourable PATRICK GORDON, Esqr., Lieut. Governor.
James Logan, Clement Plumsted, } Esq'rs.
Isaac Norris, Samuel Hasel.
Shekellamy accompanied with Cehachquey, a Cayoogoe Indian, being returned from the Six Nations, reported by Conrad Weyser and John Scull, Interpreters :
That he had delivered the Governor's Message to the Chiefs of the Six Nations at Tsanandowa, who were extremely pleased to hear from the Governor ; that they received the Message very Kindly, but said that the Winter now coming on they could not come down, but would certainly visit us in the Spring when the Days are longer, in Con- firmation wheref they have sent a small Bundle of Indian drest Deer Skins. That the Chiefs of these Nations are now grown very old and unfitt to bear the Fatigue of a long Journey, but that they will certainly visit us their Brethren, when the days grow longer and the Sun gives more heat, and in Confirmation thereof they have sent another small Bundle of Indian drest Deer Skins.
That the Indians at Tsanandowa have taken care to dispatch Mes- sengers with the Governor's Message & the Presents, to the others of the Six Nations, and to acquaint them to be ready to visit us by the time they have appointed.
Shekellamy then said he had somewhat from Allummapees or Sassoonan to deliver to the governor, which is this :
That Sassoonan sent by him some strings of Wampum with a Message to the Indians at Tsanandowa to acquaint them that he could not come to Tsanandowa as he intended, by Reason of his Age and Inability to travel, but that as 'twas expected the Six Nations would come to Philadelphia, he would wait for them at his own house as they passed that Way.
E.
At a Council held at Philadelphia, Decr. 11th, 1731.
PRESENT :
The Honourable PATRICK GORDON, Esqr., Lt. Governor. James Logan, Clement Plumsted,
Samuel Hasell. Esq'rs. Isaac Norris,
The Governor having proposed to the Board to Consider of an Allowance to be made to Shekellamy for his Journey to the Six Na- tions, and to Conrad Weyser for coming hither with him from Tul- pachockin, It is ORDERED that Ten pounds be given Shekellamy, or the Value thereof, in such Goods as he shall seem most desirous to have, and forty Shillings to Conrad Weiser the Interpreter.
E.
-
426
MINUTES OF THE
JANUARY 18th.
The House of Representatives having mett on the 10th instant pursuant to their Adjournment, & notified the same to the Governor, the following verball Message was this day brought by four Mem- bers.
That the Creek commonly called Cobb's Creek, being the Bounds or Limits of the Counties of Philadelphia & Chester, is oftentimes very difficult & dangerous to be crossed ; Wherefore the House re- quest the Governor that he would be pleased, with the Concurrence of his Council, to give proper Directions for the Building a Bridge over the said Creek, pursuant to an Act of General Assembly of this Province in Cases of the like Nature provided.
The Governor answered :
That he would advise with his Council and do whatever is in his Power to answer the Request of the house.
E.
At a Council held at Philadelphia, Janr. 19th, 1732.
PRESENT :
The Honourable PATRICK GORDON, Esqr., Lieut. Governor. James Logan, Thomas Laurence,
Clement Plumsted, Samuel Hasell, Esq'rs.
Two Bills sent up from the House were read, Entituled
AN ACT for repealing An Act Entituled an Act for continuing the Encouragement for raising of good Hemp within this Province.
AN ACT directing the manner of Payment of Assembly Men's Wages :
The first was agreed to without Amendment & ordered to be re- turned, but some Debate arising touching the other, the Consideration thereof was deferred till to morrow.
A verbal Message was brought the Governor by two Members of the House :
That in Regard of its Thinness, occasioned by the prevailing Dis- temper of the small Pox, and that no Business of great Moment now lies before them, they are inclineable with the Governor's Approba- tion to adjourn to August next ; But that in Case of any Emergency they shall be ready to meet the Governor when he shall see good to convene them.
The Governor answered :
That considering the present Situation of the House, he would not object to their Adjournment. E.
At a Council held at Philadelphia, January 20th, 1732.
PRESENT :
The Honourable PATRICK GORDON, Esqr., Lieut. Governor. James Logan, Clement Plumsted, Thomas Laurence. ? Esquires.
1
427
PROVINCIAL COUNCIL.
The Bill directing the manner of Payment of Assembly Men's Wages was again had under Consideration, and after some time spent thereon, the following Message was drawn up, and being sign'd by the Governor was ordered to be carried down to the House with the Bill :
GENTLEMEN :
The Bill directing the manner of Payment of Assembly Men's Wages which is herewith returned, has been fully considered by me in Council. And as the Method thereby proposed deviates so much from the Practice which has hitherto been in Use in this Govern- ment, and as yet obtains in most of those in our Neighbourhood, & Seems to be an Innovation in the Constitution, many strong Objec- tions have been raised against the Bill. But inasmuch as the Term of its Duration is but short, and the Fund it is Supposed may be sufficient for that time to answer this Service and the other Exigen- cies of Government, I have agreed to pass the same upon this Spe- cial Condition, that it shall not be drawn into a Precedent for the future, but at the Expiration of the three years limited in the Bill, the Act for raising County Levies shall in all its parts effectually take place, according to the Amendment herewith proposed, and that this Declaration stand on the Minutes of the House. E.
The Same Day, P. M. -
A Message being brought to the Governor by two Members of the House, desiring to know when he would be pleased to receive them, in order to pass into a Law the Bill for repealing the Act allowing a Bounty on Hemp, which had been sent down without Amendment, His Honour named 3 a clock this afternoon for this Purpose.
And the whole House attending accordingly, their Speaker deli- vered to the Governor an Order on the Trustees of the General Loan Office of this Province, for seven hundred and fifty pounds in part of the Support for the current Year, and then presenting the Bill last mentioned, the same was passed into a Law of this Province & a Warrant issued for affixing the Great Seal thereto.
The Speaker then acquainted the Governor that the Message from His Honour had given great Uneasiness to the House as charging them with Innovations; that being unwilling to enter into a Contest they had for the present laid aside the Bill, and had directed him to desire of his Honour that he would order the said Message not to be Entred on the Minutes of Council.
The Governor answered that as he conceived he had an undoubted Right to offer Amendments and make Propositions on any Bill that should Come before him, he had done so in the present Case ; that he was sorry the House had thought fitt to take Offence at some Words in the Message, but as to ordering the same not to be entered in the Council Books he must Consider of it.
After which he spoke to the House as follows :
428
MINUTES OF THE
" Gentlemen :
"I return you my hearty thanks for what you have now thought "fitt to order towards Support of Government. And as your pre- " sent Session, by reason of the Thinness of your House, occasioned " by the Distemper still prevailing as I understand in many parts of " the Country, is so very short that divers Affairs of Importance to " the Publick that would require your Attendance must be deferr'd, "I am to put you in mind that there will be an absolute necessity " for your Meeting again at some convenient time this year to pro- " ceed on those Affairs, and particularly, I must observe that what " I recommended to you at your first Meeting, when I laid before " you the Advices I had received from the Government of New " York, with some other Papers touching the late Attempts and In- " croachments of our Neighbours, the French, both on that and this "Province, will demand your most serious Application, on which " Head I should have said more at this Meeting, but that expecting "fuller Accounts of our Intended Treaty with the Five Nations in " the Spring, and other more certain Advices than I have yet re- " ceived from the Western parts of the Province, I have chosen to " defer it till we can be more perfectly informed of those proceed- "ings. In the mean time I shall not be wanting in my Duty to "inform His Sacred Majesty by his Ministry, of the said Attempts, " that proper Measures may be taken for the Security of these His " Majesty's Dominions." E.
At a Council held at Philadia., the 4th May, 1732.
PRESENT.
The Honourable PATRICK GORDON, Esqr., Lieut. Governr. ~ Isaac Norris,
Samuel Preston,
Clement Plumsted,
Samuel Hasell, Ralph Asheton. 3 Esq'rs.
The Governor having communicated to the Board the Message from the House of the 18th of January last, touching the Building a Bridge over Cobb's Creek, and having desired the Advice of the Council therein, It is the Opinion of the Board that Saml. Powell of Philadelphia, & Samuel Levis of Chester County, may be proper Persons to undertake that Work; and they are appointed to fix on the most convenient place for erecting the said Bridge, to treat with the Workmen and compute the Cost, and to make Report thereof to this Board. E.
At the Courthouse of Philadelphia, May 15th, 1732. PRESENT :
The Honourable the Governor,
With Severals of the Magistrates.
429
PROVINCIAL COUNCIL.
Thirteen Palatines, who with their Families, making in all Persons, were imported here in the Ship Norris, Thomas Lloyd, Mar., from Boston, did this day take & Subscribe the Effect of the Oaths of Allegiance, Supremacy & Abjuration ; and likewise did repeat and Sign the Declaration inserted in the Minute of the 21st September, 1727.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.