Colonial records of Pennsylvania, Vol. III, Part 57

Author:
Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 634


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MINUTES OF THE


" of the said Springett and Hannah Penn, having thought proper to " continue Mr. Gordon their Deputy in the said Government, they " most humbly pray His Majesty's most gracious. Allowance and " Approbation of him, to be Deputy or Lieutenant Governor of the " said Province, he having already taken the Oath of Office and " given the usual Security on the former Occasion. By which Re- " port it appears, that the said Lords of the Committee have no Ob- " jection to His Majesty's Declaring His Royal Approbation of this " new Appointment of the said Patrick Gordon, to the Office of " Deputy or Lieutenant Governor of the said Province and Counties, " by the Petitioners John, Thomas and Richard Penn, they having " delivered to the Lords Commissioners for Trade and Plantations, a " Declaration made by them, under their hands and seals, in the " usual Form, for saving the rights claimed by the Crown, to the " three Lower Counties of Newcastle Kent and Sussex, on Delaware " River, provided the said Mr. Gordon do again take the Usual Oath " of Office, and give proper Security for his Observance of the Seve- " ral Laws of Trade and Navigation, before his Majesty's Lieut. Go- " vernor of Virginia, or Commander in Chief of that Province, for " the time being. HIS MAJESTY this day taking the said Report " into His Royal Consideration, was pleased with the Advice of His "Privy Council, to approve of the said Patrick Gordon to be Deputy " Governor of the said Province of Pennsylvania, without Limitation " of time, and of the said three Counties of Newcastle, Kent and " Sussex, during His Majesty's Royal Will and Pleasure only ; Pro- " vided that the said Patrick Gordon do Qualify himself for that " trust, in such manner as the Law requires, and give sufficient " Security in the penalty of two thousand pounds, before His Ma- "jesty's Lieutenant Governor of Virginia, or Commander in Chief " of that Province for the time being, for his, the said Patrick Gor- " don's, observing the several Acts of Trade and Navigation, and " Obeying such Instructions relating thereto, as shall be from time " to time sent to him, by His Majesty, or any acting. under His " Royal Authority.


W. SHARPE.


" ADDITIONAL INSTRUCTION, for our Right Trusty and " Right Welbeloved Cousin, George, Earl of Ork- Locus Sign Reg. "ney, Our Lieutenant and Governor General of " Our Colony and Dominion of Virginia, in Amer- "ica, and in his Absence, to the Lieutenant Go- " vernor or Commander in Chief of Our said Colony, " for the time being. GIVEN at Our Court, at " Hampton Court, the third day of August, 1733, "In the Seventh year of our Reign.


" GEORGE R.


" WHEREAS, Our Late Royal Father was graciously pleased, " upon the Application of Springet Penn, Esquire, Grandson and " Heir at Law of William Penn, Esqr., deceased, & Hannah Penn, " Widow, Relict and Executrix of the said William Penn, late Pro- " prietor and Governor in Chief of the Province of Pennsylvania, in


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PROVINCIAL COUNCIL.


" America, under certain Provisoes, to approve of Major Patrick " Gordon, to be Deputy Governor of the said Province, without Limi- "tation of time, and of the three Lower Counties of Newcastle, Kent " & Sussex upon Delaware, During his Royal Will and Pleasure "only: And Whereas, by the humble Representation to Us of John " Penn, Thomas Penn, and Richard Penn, Esquires, the only Sur- " viving Sons of the late William Penn, they set forth, that the " said Springett & Hannah Penn being both Dead, they, the said " John Penn, Thomas Penn and Richard Penn, have continued the " said Major Patrick Gordon in the said Government, and have most " humbly prayed Our Gracious Allowance and Approbation of him, " to be Deputy or Lieutenant Governor of the said Province and " Counties, We have been graciously pleased to condescend to their " request, and have declared Our Royal Approbation of the said Pat- " rick Gordon, to be Deputy Governor of the said Province of Penn- "sylvania, without Limitation of time, and of the said three Coun- " ties of Newcastle, Kent & Sussex, during our Royal Will and Plea- " sure only, upon the said John, Thomas and Richard Penn's having " made a Declaration under their Hands and Seals, in the usual Form " for saving the Rights claimed by Us to the said three Counties ; " Provided .the said Major Gordon do qualify himself for that Trust, " in such manner as the Law requires, and give good and sufficient "Security, before you or the Commander in Chief of Our Colony " and Dominion of Virginia, for the time being, to whom he is to " apply himself for that purpose, for the observing the Acts of Trade "and Navigation, and for his Obeying such Instructions relating " thereto, as shall be from time to time sent him from Us, or any " Acting under Our Royal Authority. Our WILL AND PLEA- " SURE therefore is, and We do hereby Authorize and Command " you to administer the Oaths required by Law to be taken, by the " said Patrick Gordon, upon this Occasion; and the usual Oath of " Office. And that you do take in Our name, sufficient Security in " the Penalty of two Thousand Pounds Sterling, for his the said Pat- "rick Gordon's, observing the several Acts of Trade and Navigation, " and obeying such Instructions relating thereto, as shall be from " time to time sent him by Us, or any acting under Our Royal Au- " thority. Which Securitys you are forthwith to transmitt to Our " Commissioners for Trade and Plantations, in Order to be laid be- " fore Us in Our Privy Council. "G. R."


The Governor, addressing himself to the Proprietary, returned hearty thanks to him, and the other Gentlemen of his Honourable Family, for this fresh Instance of their great Favour and Kindness to him, & added, that it should be his constant Endeavour to demon- strate his Gratitude by an exact and faithful Discharge of his Duty . towards their Family, and the Public, to the best of his Power and Ability.


The Members having congratulated the Governor on his new Ap- pointment, and some Discourse, having passed on his intended Jour- ney to Virginia, the Council Adjourned.


1


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MINUTES OF THE


October 16th.


The Representatives of the Freemen of this Province, elected the first instant, having mett yesterday in Assembly, (the fourteenth falling on a Sunday,) and proceeded to the choice of a Speaker, no- tified the same by a Message to the Governor, who having appointed this forenoon for receiving them, they attended accordingly.


And Jeremiah Langhorne, Esquire, addressing himself to the Gov- ernor, acquainted him that the House had thought fitt to chuse him to be their Speaker, but he desired His Honour would please to direct them to proceed to the Choice of one more fitt to fill that Office, lest through his Insufficiency the Publick Business should be impeded.


The Governor answered, that having long entertained a good Re- gard for Mr. Langhorne, he very readily must approve of the Choice of the House, and could not doubt that Gentleman's Abilities for executing the Office.


The Speaker then made the accustomed Requests to the Governor, for the Maintenance of their Rights and Privileges, in the full use and due Exercise of which His Honour having assured them of his Protection, they withdrew.


P. M.


A Message from the House was brought to the Governor, that they intended with his Approbation, to adjourn to the 19th of No- vember next; but His Honour having signified to them his intended Journey to Virginia, and that the 17th of December might be more Suitable, lest he should not be able to accomplish that Journey so soon as he could wish, the House agreed thereto, and adjourned themselves accordingly.


. E.


At a Council held at Philadelphia, October 27th, 1733.


PRESENT :


The Honble PATRICK GORDON, Esqr., Lieut. Governour.


James Logan, Isaac Norris, Ralph Assheton. Esquires.


Clement Plumsted,


The Governor having imparted to the Board his Resolution of setting out tomorrow for Virginia, acquainted them, that as in his Absence the Care of the Public would devolve on them, he had now called them together that he might name two Gentlemen, who with the Consent and Approbation of our Honourable Proprietary, were judged proper to be added to the Number of Councellors, and by his Direction had been spoke with on this head. That the Mem- bers being but few, and several of them residing mostly in the Country, it had often been found difficult on emergent Occasions, to gett a sufficient Number together to form a Council ; that therefore,


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PROVINCIAL COUNCIL.


an Addition is not only much wanted, but at this Juncture is highly necessary. He then named Thomas Griffitts and Charles Read, Esquires. The Board Expressing their Satisfaction with this Nomi- nation, the said Gentlemen were introduced by two Members, and Mr. Griffitts having taken and subscribed the Affirmations and De- clarations enjoyned by Law to be taken, by those called Quakers, with an Affirmation for the faithfull Discharge of his Office as a Councellor. Mr. Read having also taken and subscribed the several Oaths and Declarations by Law directed, and an Oath for the faith- full Discharge of his Duty as a Councellor, they took their Seats at the Board.


The Governor then recommended to them the Preservation of the Peace of the Government, and whatever else concerned the Publick, during his Absence, which he assured them should be as short as possible. The Members joyned in their good Wishes for the Gov- ernor's prosperous Journey and safe Return, and taking Leave of him, the Council adjourned.


Great Numbers of the principal Gentlemen & Inhabitants of the City, came next day to pay their Compliments to the Governor, before his Departure, and waited on him to the Sloop, on board which His Honour, with the Gentle- men who intended to accompany him, embarqued in the afternoon.


E.


At a Council held at Philadelphia, December 1st. PRESENT :


The Honourable THOMAS PENN, Esqr. Proprietary. The Honourable the Lieutenant Governor.


Ralph Assheton, 1 James Logan, Isaac Norris, Samuel Hasell,


Samuel Preston,


Clement Plumsted,


Thomas Griffits, Charles Read. Ì Esquires.


The Governor returning yesterday to Philadelphia, waited on the Proprietary, and now expressed his Satisfaction in meeting the Mein- bers of Council, and on finding the Government in good Order and Tranquility, he thanked the Board for their Care, and they joyned in congratulating him on his safe Arrival in his Government.


He then informed the Proprietary and Board, that in obedience to His Majesty's Commands, signified by the Instruction under His Royal Sign Manual, to the Governor or Commander in Chief of Vir- ginia, he had waited on Mr. Gooch the Lieutenant Governor of that Colony ; had given Security, and taken the Oaths directed by Law before him, and had obtained a Certificat thereof under that Gentle- man's hand, and the Great Seal of Virginia, which being produced and read, is as followes :


" WILLIAM GOOCH, Esgr., His Majesty's Lieutenant Gover- "nor & Commander in Chief of the Colony and Dominion of Vir- " ginia.


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MINUTES OF THE


" To all to whom these presents shall come :


"I do hereby Certify and make known, that on the day of the "date of these presents, Patrick Gordon, Esquire, Lieutenant Go- " vernor of the Province of Pennsylvania, and Counties of New- " castle, Kent and Sussex on Delaware, personally came before me, "and pursuant to his Majesty's Pleasure, signified under his Royal " Sign manual and Signet, took the Oaths appointed to be taken, "instead of the Oaths of Allegiance and Supremacy, and the Abju- " ration Oath mentioned in the Act of Parliament, made in the first "year of His late Majesty's Reign, and subscribed the same, toge- " ther with the Test, and took the Oath of his Office, for the due " observance of the Acts of Trade and Navigation. And I do fur- " ther Certify, that the said Patrick Gordon hath also given Bond " to His Majesty, with good and sufficient Security in the penalty of " two thousand pounds Sterling, for observing the said Acts of Trade "and Navigation, and obeying such Instructions relating thereto as " shall be from time to time sent to him, by His Majesty, or any " Acting under His Royal Authority ; which Bond remains in my " hands, to be transmitted to the Right Honourable The Lords Com- " missioners of trade, conformable to His Majesty's Royal Com- " mands, signified to me for that purpose. IN TESTIMONY " whereof I have hereunto set my hand and caused the Seal of this " Colony to be affixed, at Williamsburg, the Fourteenth day of No- " vember, 1733, in the Seventh year of the Reign of Our Sovereign " Lord, GEORGE the Second, King of Great Britain, &c.


"WILLIAM GOOCH."


Locus Sigilli Virginiæ appens.


The Proprietary then acquainted the Board, that having in his Custody a new Great Seal & Lesser One, bearing the Names of the present Proprietaries, he intended that henceforth these should be used instead of the old ones, and accordingly, the last being brought into Council and delivered up to the Proprietary, he was pleased to putt the new Seals into the Governor's hands.


Mr. Griffits had the Custody of the late Great Seal, the Governor committed the keeping of the present One to him, who by Order, affixed the same to the Commission from the Honourable the Pro- prietaries to their Lieutenant Governor.


The Proprietary then delivered the said Commission to the Go- vernor, who received it with becoming Expressions of Duty and Gra- titude towards his Constituents, and the same being read at the Board, was afterwards published at the Courthouse, together with His Majesty's Royal Approbation, and the aforesaid Certificat from the Lieutenant Governor of Virginia, in presence of the Council & Mayor & Commonalty of the City, who had Notice to attend on this Occasion.


It was moved and agreed that new Commissions should be forth- with issued to the same Persons now acting as Judges and Justices


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PROVINCIAL COUNCIL.


throughout this Province & Counties, unles there should be Reason for discontinuing some of them.


It is Ordered that the Name of Lassee Bore be left out of the Commission of the Peace for Philadelphia City and County, and Evan Thomas be substituted in his Room, and that Henry Pastori- ous be added.


That in the Commission for the County of Lancaster, the Name of Andrew Cornish be left out.


And that in the Commission for Bucks County John Wells be added.


E.


At a Council held at Philadelphia, Decr. 17th, 1733.


PRESENT :


The Honourable PATRICK GORDON, Esqr., Lieut. Governor.


Isaac Norris,


Samuel Hasell,


Clement Plumsted,


Thomas Griffitts.


Esquires.


Ralph Assheton.


The Assembly of the Province standing adjourned to this day, and His Honour intending to speak to them to morrow, laid before the Board a Draught of his Speech for their Sentiments of it, which being read, was with some small Alterations proposed by the Coun- cil 'and assented to by the Governor, approved, and His Honour desired the Attendance of the board to morrow about noon, at which time he intended to send for the House.


'Tis Ordered on the Motion of the Governor, that Edward Smout and Derick Updegraaf, of the County of Lancaster, be added to the Justices assigned in the General Commission of the Peace for that County.


E.


At a Council held at Philadelphia, Decr. 18th, 1733.


PRESENT


The Honourable PATRICK GORDON, Esqr. Lieut. Governor.


Clement Plumsted, Samuel Hasell, Thomas Griffitts.


The House of Representatives being sent for, and attending with their Speaker, the Governor made the Speech to them which at the preceeding Council had been approved, and the same is in these Words :


" GENTLEMEN :


" The Business of the Country having at the last Session of the " preceeding Assembly, met with unforeseen Obstructions. I resolved " at your first Meeting, to have recommended to you the Dispatch " of those Affairs which the Public Service more necessarily re-


532


MINUTES OF THE


" quired, but having a few days before received Notice that our " present worthy Proprietaries had done me the Honour of continu- "ing me their Lieutenant under a new Appointment, issued with " the Royal Approbation, and that it was incumbent on me, in pur- " suance of an Instruction under His Majesty's Royal Sign Manual " then put into my Hands, to qualify myself thereto, by taking the " Oaths and executing the usual Security before the Governor of " Virginia, I thought proper to defer Entring on any Business till I " had paid due Obedience to the Royal Commands, which being now " fulfilled, it is with Pleasure I meet this Assembly, of whom I en- " tain so good an Opinion, that I am persuaded they will not omit " any thing in their Power, conducive to the real Happiness of this " Province, or the true Interest of those they represent.


" Amongst the Matters formerly recommended by me, and yet " remaining to be considered by the Legislature, there are two which " from their Importance will I hope, be the first Subjects of your " Attention; I mean the Regulations necessary in our Flour, and " the Revival of the Excise on Liquors. The Credit of the main " Branch of our Trade, and the Interest as well of the Farmer as " Merchant depend on the first, and without the other the Publick " Debts will, I am afraid, increase so much as to render a Provin- " cial Tax requisite. It may not be improper, while the last of " these is under your Consideration, to enquire whether the Funds " appropriated for defraying the ordinary and extraordinary Charges " of Government are Sufficient for that End. If they are not, it " will be incumbent on you to make further Provision, in such man- " ner as may best suit the Circumstances of the Province.


" I forbear mentioning at present some other Affairs, because if " they do not arise from yourselves, in the Course of your Proceed- "ings, they may hereafter be communicated by Message, and shall " only add, that as we enjoy Peace under the Protection of a Sover- " eign who makes the good of His Subjects the Rule of His Govern- " ment, and are happy in Proprietarics who on all Occasions mani- " fest their Regard and Concern for our Welfare, We ought, with " a becoming Unanimity in general, and more particularly in our " Councils, to shew ourselves truly thankful, by pursuing those " Measures that may best advance the Reputation of this Colony, " and most effectually Contribute to the Advantage of all its Inhabi- " tants, from whom I have, ever since my Arrival here, received "such Testimonies of Good will and Affection, as lay me under the " strongest Obligations of rendering them the most agreeable Services " in my Power.


Decemr. 19th.


The House Sent up the following Address to the Governor : "TO THE HONBLE PATRICK GORDON, ESQR.,


" Lieut. Governor of the Province of Pennsylvania, &c. " THE ADDRESS of the Representatives of the Freemen of the " said Province, in General Assembly met :


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PROVINCIAL COUNCIL.


" May it please the Governor :


" It is no small Satisfaction to us, that those Difficulties which " obstructed the Publick Affairs of this Province are removed. " And it is with Pleasure we embrace the Opportunity now offered " us, Sincerely to congratulate the Governor on his being continued " by our Honourable Proprietor, their Lieutenant under a new Ap- " pointment, issued with the Royal Approbation.


" We are very sensible of the Obligations we are under for the " good Opinion the Governor is pleased to entertain of us, And we " hope our future Conduct will demonstrate our Endeavours to sup- " port a Character so much to our Advantage, by our Readiness to " do every thing in our Power conducive to the real Happiness of " this Province, and Good of those we represent.


" The Regulations necessary to be made concerning Flour ex- " ported from this Province, and an Act for continuing an Excise " upon strong Liquors, have been under the Consideration of the " Assembly which preceeded Us, and had it not been for those Ac- " cidents the Governor has been pleased to mention, which obstructed " the Business of the Country, we conceive little had remained ne- " cessary for us now to do ; And those Obstacles being now happily " removed, we shall apply ourselves to the Consideration of those " Matters, in the manner their Importance justly deserves.


" And although we have no reason to doubt but that the Funds " appropriated for defraying the Charges of Government are suffi- " cient to the End for which they are designed, Yet if on further " Examination, any Deficiency should appear, we are willing to make " such Provisions as the Emergence may render necessary. And " that we conceive may effectually be done without the Aid of a Pro- " vincial Tax, which at this Juncture would be unnecessary, as well " as unacceptable to our Constituents.


" We gratefully acknowledge the Blessings of Peace which we en- "joy, under the Protection of a gracious Sovereign, and our Happi- " ness in Proprietaries who manifest their Regard and Concern for " our Welfare. And we desire with becoming Unanimity, to pursue " such Measures as may best advance the Reputation of this Colony, " and most Effectually contribute to the Advantage of all its Inhabi- " tants, from whom in general, & from our selves, in particular, we " hope such further Testimonies of Good will and Affection may be "added, as may continue the Governor's Inclinations of doing here- " after as heretofore he hath done, the most agreeable Services in his " Power.


" Signed by the Order of the House. " J. LANGHORNE, Speaker.


Decemr. 28th.


The Governor directed the Name of John Karnaughan to be left out of the General Commission of the Peace this day, issued for the County of Chester.


VOL. III .- 23


534


MINUTES OF THE


At a Council held at Philadelphia, January 3d, 1733-4.


PRESENT :


The Honble PATRICK GORDON, Esqr., Lieut. Governour.


James Logan,


Isaac Norris,


Samuel Hassel,


Ralph Assheton, 1 ·Esquires.


Samuel Preston,


Thomas Griffitts,


Clement Plumsted, Charles Read. 1


The Minutes of sundry preceeding Councils being read and ap- proved :


A Bill sent up from the House Entituled :


AN ACT for reviving an Excise on Wine' Rum, Brandy, and other Spirits, was read, to which divers Objections were made, and Amendments proposed, the drawing up whereof was, by Order of the Board, committed to Messrs. Logan, Preston, Plumsted & Read. E.


At a Council held at Philadia., January 4th, 1783-4.


PRESENT :


The Honble PATRICK GORDON, Esqr., Lt. Govr. James Logan, Clement Plumsted,


Samuel Preston, Charles Read.


Esq'rs.


The Amendments to the Bill for reviving an Excise being drawn up, were this day considered by the Governor and approved, and the same ordered to be sent to the House with the Bill, Which Amend- ments were concluded with the following general Observations on the Bill :


" Upon the whole of this Bill it will be necessary further to con- " sider, that the prevailing practice of drinking Rum in this Prov- "ince, and the debauchery introduced by the vast Consumption of "it is the crying Sin and disease of the Country ; not only Numbers " of Single Persons but Families are ruined by it ; therefore, nothing " can better deserve the thought and Application of the Legislature, " than to find out proper measures for giving a check to, and re- " straining, this Abuse, which must be allowed to be of much greater "Importance to the welfare of the Country, than the raising of " Money from it. But by this Bill such a restraint does not appear " to be provided. The allowing no Person a permit who shall not "pay three pounds in the year for Duties, may in some measure " prevent the Increase of very small Retailers, but on the other hand, " it will encourage those who take Permits, to use all the means in " their power to Promote the Consumption, that they may not pay " any part of that three pounds for nothing.


" There is no restraint on those fatal tippling places in the Coun- " try, and in the outer Skirts of the town, Cellars, and such places ; " but the whole depends on the Officer's pleasure who, as he under. . " takes the business with a view to his own gain, it cannot be ex-


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PROVINCIAL COUNCIL.


" pected that he will take any measures to restrain and shorten the " Number of Retailers; nor are the permitted Persons laid under " any ties or Obligations to keep good Orders, so that from such a " Power at large, the Inconveniences complained of may rather be "increased than lessened. But further it may be found difficult to " assign a good Reason why any other Persons than those, who be- "ing licensed to keep publick houses, (are by the Laws and the "Security they give, Obliged to keep good Orders,) should be allow- " ed to Retail any such Liquors, excepting only Mills, Stores and " Shops, all of whom should be made fineable, if they suffer any " tippling where they sell, or any disorders to arise at their Mills, " Houses, or respective Places, by means of the Liquors they vend " there. And this is most Seriously recommended to the considera- " tion of the House, that now, on this Occasion, the best provision " may be made that can be thought of, against those vast Disorders " that tend, not only to the Dishonour and Reproach of the Govern- " ment, but to the Ruin of so many of the Inhabitants.




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