USA > Pennsylvania > Colonial records of Pennsylvania, Vol. III > Part 58
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
E.
At a Council held at Philadelphia, January 9th, 1733-4.
PRESENT :
The Honourable PATRICK GORDON, Esqr., Lieut. Governor. James Logan, Ralph Assheton,
Isaac Norris,
Samuel Hasell,
Samuel Preston,
Thomas Griffitts.
Esquires.
Clement Plumsted,
The Minutes of the two preceeding Councils being read and ap- proved :
The Governor acquainted the Board, that in a late Law Suit in England some dispute had arisen, touching a Law of this Province, which, tho' repealed by his late Majesty, had been contended not to be effectually repealed, because it was not done in the manner di- rected by Charter, to witt : Under the Privy Seal. That this being suggested to some in the Ministry, and it being hinted that several other Laws had been repealed in the like manner, Notice had been taken of it by them to Our Honorable Proprietaries, to whom it was proposed to consent to a Bill, to be brought into Parliament, for confirming all those Repeals that had been made, whether by Order in Council, Proclamation or otherwise, than enjoyned by the Charter, but Our Proprietaries being rather inclineable to confirm those Re- peals by a Law, to be passed in this Province, had directed him to mention it to the Assembly, upon which he was now to advise with the Board.
After some time spent herein, It is continued under the further Consideration of the Board.
The Governor then mentioned the repeated Instances made to him by Mr. Paris, the Agent, for establishing the Agency on a better footing than it now stands, by passing a Law for his Appointment,
536
MINUTES OF THE
and ascertaining the Allowance to be made to him, and to this pur- pose, several Extracts of a Letter from the Agent to the Governor were read: the Governor then making some Observations on the necessity of such an Appointment, desired the Sentiments of the Members on the Subject.
It is the Opinion of the Board that the Governor should, at the most proper time, move this matter to the House, laying before them such Extracts from the said Letters, as he may think neces- sary.
E.
P. M. Present.
The Lieutenant Governor and the same Members as before, except Messrs. Hasell and Griffitts.
The Bill for reviving an Excise with the Amendments of the Council, and some further Amendments of the House, was again sent up, it appeared that the House had agreed to several of those proposed by the Board, and rejected others. On Consideration of those last, the Board continued to insist that some further Notice should be taken than in the Preamble of the Bill only, of the Debt due to the Loan Office ; the following Amendment was therefore drawn up, and being agreed to, is ordered to be sent down with the Bill :
" It appears evident to the Governor in Council, that some further " Directions for the Payment of the Arrears of the £1300 is neces- "sary, and he is of Opinion that when the Assembly reconsiders it, " they will be equally sensible of the same, for that Sum is lent " from the Loan Office by a Law it directs the Payment by Laws "which are all now expired, and therefore, as it was lent by a Law, " the like Security should be provided for the Payment of it. It's " proposed the following Clause should be inserted instead of that " beginning at the Letter N.
" And the said Treasurer, out of the moneys by him to be received, " of the Collectors aforesaid, shall duly pay into the Trustees of the " General Loan Office of this Province, the Quotas yet remaining " unpaid, of the said Thirteen hundred Pounds, as the same shall " become due, in the manner directed by the first recited Act, for " making current Thirty thousand Pounds in Bills of Credit, & for " the Remainder of the said Moneys, shall be accountable to the "General Assembly of this Province."
The Bill Entituled :
AN ACT to prevent the Exportation of Bread and Flour not Merchantable, being sent up from the House was read. But it being late in the night, the Consideration thereof was adjourned till to morrow morning at Nine o'clock.
E.
537
PROVINCIAL COUNCIL.
At a Council held at Philadelphia, Janry. 10th.
PRESENT :
The Honourable PATRICK GORDON, Esqr., Lieutenant Go- vernor.
James Logan,
Isaac Norris,
Clement Plumsted, Thomas Griffiths. Esquires.
Samuel Preston,
The Bill to prevent the Exportation of Bread and Flour not mer- chantable, was again read, and Sundry Amendments proposed, which being drawn up, are Ordered to be sent down with the Bill. E.
-
Janry. 11th.
The House having again sent up the Excise Bill, & acquainted the Governor that they had agreed to the Amendments by him pro- posed, the Bill was approved and returned to the House.
E.
At a Council held at Philadelphia, Janry. 14th, 1733-4.
PRESENT :
The Honourable PATRICK GORDON, Esqr., Lieut. Governor.
Clement Plumsted, Thomas Griffiths,
Ralph Assheton, Charles Read. Esquires.
Samuel Hasell,
The three preceeding Minutes being read and approved, A Bill Entituled :
AN ACT the better to enable William Fishbourn to discharge the Debt due from him to the Trustees of the General Loan Office of this Province, was read, and agreed to without Amendment.
The Bill to prevent the Exportation of Bread and Flour not mer- chantable, was again sent up with the Amendments offered by this Board, and it appearing that the House had rejected two of them, touching the subsequent Appointment of Officers, in case of Death or Removal, of those named in the Bill, the House insisting that the Appointment should be by the Assembly as in the Bill, and the Board insisting that the same should be by Act of Assembly, the Board entred into the further Consideration of that Point, & observing that the House, by rejecting these Amendments, seemed to deny the Right of the Governor in any Subsequent Appointment, are of Opinion that the House be desired to reconsider these Amendments, and that the Sentiments of the Governor, in the following Words, be at the same time delivered to the House :
" As no Act by which any Officer is to be appointed can be in " force, till the Governor, in whom, by the Language not only of " the Royal Charter, but also of the Acts themselves, at least one " half of the Power of Legislature is invested, thinks fitt to approve
538
MINUTES OF THE
" & concur with the same, So it must appear inconsistent that any " future Appointment should be made, for executing any such Act, " without the like Concurrence. The Governor therefore thinks it " incumbent on him, not so much in Regard to himself, as in behalf " of the Proprietor's Original Rights, to declare that he conceives he " has an Equal Power in nominating any Subsequent Officers that ".he has at first. E.
At a Council held at Philadelphia, January 17th, 1733-4.
PRESENT :
The Honourable PATRICK GORDON, Esqr., Lieut. Governor.
Samuel Preston, Samuel Hasell,
Clement Plumsted,
Thomas Griffiths, Esquires.
Ralph Assheton,
Charles Read.
The Bill to prevent the Exportation of Bread and Flour not mer- chantable, being again sent up to the Governor with a Verbal Mes- sage from the House to this Effect :
That it was far from their Interest or Inclination to intrench upon the just Rights of the Proprietaries, or the Powers of the Governor, but the Words excepted against being the same, used in the Act now in force, for regulating Bread and Flour, they hoped the Governor would not misinterpret their insisting on the present Bill, to be in this Point, the same with the former.
The Board entring into the Serious Consideration hereof, and weighing the Advantages that may accrue to the Province, from the Regulations intended by the present Bill, and the Danger of loosing the whole Bill, by insisting too closely on the proposed Amendments, the Governor offered to the Board a Paper containing the following Message, which being read, Messrs. Preston, Assheton, Hasell and Griffiths, concurred in the same Sentiments with those of the Gover- nor, expressed in the Message, but Messrs. Plumsted and Read dis- sented, and desired Leave to extend their Reasons on the Minutes of this Board.
Which Message is in these Words :
" The Governor is still of Opinion that the Amendments he pro-' "poses are for the Reasons already assigned, just and reasonable, and " would, if agreed to by the House, render the Subsequent Appoint- " ment of Officers less liable to Exception. But as the Words con- "tended for by the House, stand in the same manner in the Act now " in force for regulating Bread and Flour, and as this Bill is thought " to be of very great Importance to the whole Province, the Gover- " nor will not so far insist on the Amendments at present, as to " risque the losing of so beneficial a Bill : still conceiving that by " these very Words : "UNTIL THE ASSEMBLY APPOINTS " ANOTHER," no Appointment can be made but in a regular and " proper manner, to which his Concurrence must still be believed " necessary."
-
539
PROVINCIAL COUNCIL.
And the same, together with the Bill is ordered to be sent down to the House.
The Governor then laid before the Board the Draught of a Mes- sage, to be likewise sent to the House, touching the Agent, & the same being read was approved, and is as followes:
" Gentlemen :
" I have received divers Letters of late from Mr. Paris, the Agent, " complaining of a Defect in the manner of his Appointment, which " he proposes to be remedied by an Act establishing the Agency, " and ascertaining a competent yearly Allowance for it, and I doubt " not but in his Letter to the Committee of Correspondence, he has " wrote in much the same terms. It must be acknowledged that his " Accounts run high, and beyond what has been generally known in " this Province, but it will be necessary to consider that this Govern- " ment has not, hitherto, had an Affair to negotiate that required an " Expence in any measure comparable to what must naturally be ex- " pected to attend a Matter of such Importance carried on by the " united Interest of these wealthy Sugar Islands, which all the "Northern Colonies being on the other hand obliged to oppose, it " can scarce be thought possible that our Agent joyning in the com- " mon Cause, could act in a manner altogether disproportionate to " that of our Neighbours, but 'tis to be hoped that such an Occasion " will rarely present again ; yet if it should so happen, we ought not " to be wanting to ourselves. And as you are fully sensible of the " Advantage it is in all such Cases, to have an able and Experienced " Person in Britain for the managing and transacting the necessary "Business of the Province, I must recommend to you, that when " other matters relating to the Agent are moved in your House, you " will take into Consideration what is proposed by him, and make " such Provision for rendring his Powers competent, and for enabling " him chearfully to apply himself to our Affairs, by a suitable En- " couragement, as the necessity of the Appointment, and the Fatigue "and Trouble it occasions, does require.
"P. GORDON."
Came in, James Logan, Esqr., to whom the foregoing Procedings being imparted, he joyned in Opinion with Messrs. Preston, Asshe- ton, Hasell and Griffits, touching the Message on the Bread and Flour Bill.
A Bill to the same effect with what had been proposed by the Go- vernor to the Council, on the 9th instant, having taken Rise in the House, and being by them sent up, Entituled :
AN ACT for confirming the Repeal of divers Laws of this Pro- vince, was then read and considered, and with a small Amendment agreed to, are Ordered to be returned to the House.
E.
540
MINUTES OF THE
At a Council held at Philadelphia, Janry. 19th, 1733-4.
PRESENT :
The Honourable PATRICK GORDON, Esqr., Lieut. Governour.
James Logan, Samuel Preston,
Ralph Asheton,
Samuel Hasell, Esq'rs.
Clement Plumsted,
Thomas Griffits.
A Bill was sent up from the House, Entituled :
AN Acr for the more easey Recovery of small Debts & for amend- ing the Practice of the Law, was read, on Considering which many Objections arising, the following Message was prepared and Ordered to be sent down to the House with the Bill.
" From the Governor in Council, to the House of Representatives. " Scarce anything contributes more to the Honour of a Govern- " ment than the Goodness of its Laws, which ought always to be " concise and plain, as well as just, and all Parts of the Legislature " should use their utmost application to render them such. But this " Bill called An Act for the more easy Recovery of Small Debts, &c. "is so far from being thus qualified; that besides its being exceed- "ing long and ill expressed, it can never, as 'tis conceived, answer " the End proposed by it, or contribute to the Ease of the Subject. "It requires an unreasonable Attendance of the Justices ; it lays a " Burthen on Constables which is no part of their Duty, nor within " the Intendment of their Appointment, and requires more of both " these Officers than can be expected from any of them, who must " necessarily be appointed in Parts where others more capable are " not to be found. It puts the Creditor in many Cases, in a worse " Condition than he would be without it, and enables the Debtor to " perplex and give his Creditor more Trouble than before.' 'Tis " certain the whole Practice of the Courts wants to be reformed, and "it is a crying Oppression that easier methods are not found to ob- " tain common justice in most Cases, and more especially in those of " small Debts, but 'tis plain what is here proposed will by no means "answer that End, therefore it will be requisite to consider of some " summary Method more practicable.
" By Order of the Governor in Council. "ROBT. CHARLES, Sec'ry."
Two Resolves of the House on the Subject of the controverted Amendments to the Bill for preventing the Exportation of Bread and Flour not merchantable, having been yesterday delivered to the Governor, were now read at the Board, and are in these Words :
" Resolves of the House of Representatives upon the Subject of "' the Governor's Message of Yesterday, vizt :
"1. Resolved :
" That this House is of Opinion, that as well by the known and " constant Acceptation of the Word Assembly, as by divers Laws of " this Province, and particularly the Act for regulating Elections, " The Representatives chosen and met are the Assembly of this " Province : And that though the Governor's Concurrence in Acts of
541
PROVINCIAL COUNCIL.
" Legislation be necessary, yet when the Assembly of this Province " are, by Laws, authorized to do any act, his Concurrence is not " necessary.
"2. Resolved :
"That least the Silence of the House upon the Subject of the " Governor's Message should be interpreted into an implicit Con- " currence with his Sentiments upon this Head, the Resolve above " mentioned be entred upon the Minutes of this House, and that the " Governor be acquainted therewith.
" By Order of the House of Representatives. "J. GROWDON, Cler. Conv."
On which some Observations being made, the further Considera- tion of the said Resolves was deferred.
P. M. Present :
The Honourable the Lieutenant Governor.
5 Ralph Assheton, r Esquires.
Thomas Griffitts,
Charles Read.
The Bill for the more easie Recovery of small Debts was again sent up from the House, with the following Resolve, in answer to the Governor's Message of this Day.
" Upon reading the Governor's Message of this day,
" Resolved,
" That the Message sent from the Governor with the Bill Enti- " tuled An Act for the more easie Recovery of small Debts, &c., is " conceived in such General terms, that the House are at a Loss to " understand what is intended by the same; forasmuch, therefore, as " the Governor hath declared his Sence of the Grievances proposed " to be redressed by the Bill, The House is of Opinion that the same " be again recommended to the Governor, with the request of this " House, that he will be pleased to reconsider the same by the next " Session and give a more particular Answer concerning it.
"Signed by Order of the House. "J. GROWDON, Cler. Conv."
A Verbal Message was brought from the House by two of their Members, acquainting the Governor that they intended to adjourn to the 12th of August next, to which His Honour agreed.
The Engrossed Bills that had passed the House with the Gover- nor's Concurrence, having been compared with their Copies, and the House attending according to Order, the Speaker presented the Four following Bills to His Honour, for his Assent, which were accord- ingly passed into Laws, and the Great Seal of the Province ordered to be thereunto affixed ; which Laws are:
AN ACT to prevent the Exportation of Bread and Flour not mer- chantable.
AN ACT for reviving an Excise on Wine, Rum, Brandy and other Spirits.
23*
542
MINUTES OF THE
AN ACT for confirming the Repeal of divers Laws of this Pro- vince.
.
AN ACT the better to enable William Fishbourn to discharge the Debt due from him to the Trustees of the General Loan Office.
The Speaker then presented the Governor with an Order of the House on the Trustees of the General Loan Office, for Six hundred pounds, in part of the current year's Support, for which His Honour having thanked the House, they withdrew.
At a Council held at Philadelphia, May 10th, 1734.
PRESENT :
The Honourable PATRICK GORDON, Esqr., Lieut. Governor.
James Logan, Isaac Norris, Samuel Preston.
Esquires.
A Petition of divers Inhabitants of the Counties of Philadelphia and Bucks was read, setting forth the great Want of a Publick Road from the great Swamp, in the last mentioned County, to the Road leading through North Wales, to Edward Farmer's Mill; which Road they conceive may be commodiously laid out from George Scabey's Mill along by Thomas Fletcher's Mill, to the Plantation of David Jenkins, from thence to the County Line at the East branch of Parkeoman Creek, as near John Mayer's Mill as a convenient Ford can be found, and from thence into the said North Wales Road, leading to Edward Farmer's Mill, and praying that proper Persons may be appointed to lay out the same accordingly.
The Prayer of which Petition being granted, IT IS ORDERED, that John Bartholomew, John Roberts, Blacksmith, John Edwards, James Robinson, George Packman and John Lester, of the Counties of Philadelphia and Bucks, Yeomen, or any four of them, View and lay out by Course and Distance the said Publick Road, so as the same may best Answer the Publick Service, and with as little Damage as may be to any private Persons, and make return thereof, together with a Draught of the same, to this Board.
E.
At a Council held at Philadelphia, May 11th, 1734.
PRESENT :
The Honourable THOMAS PENN, Esqr., Proprietary.
The Honourable PATRICK GORDON, Esqr., Lieut. Governor.
James Logan, Ralph Assheton,
Samuel Preston, Samuel Hasell,
Clement Plumsted, Thomas Griffits. Esquires.
The Proprietor informed the Board, that the Business now to be considered by them, relates to some very unneighbourly Proceedings of the Province of Maryland, in not only harrassing some of the
543
PROVINCIAL COUNCIL.
Inhabitants of this Province who live on the Borders, but likewise in extending their Claims much farther than had ever heretofore been pretended to by Maryland, and carrying off several Persons and im- prisoning them; that some time since they carried off John Hen- dricks and Joshua Minshall from their Settlements on Sasquehannah, and still detain them in the Goal of Annapolis; that of late two others have been taken from the Borders of Newcastle County, and carried likewise to Annapolis; that as these men will probably be brought to a Trial at the ensuing Provincial Court of Maryland, he had spoke to Andrew Hamilton, Esqr., to appear for them, but as these violent Proceedings tend manifestly to the Breach of His Ma- jesty's Peace, and rendring all the Borderers insecure, both in their Persons & Estates, he was now to advise with the Council on such Measures as are most fitt to be proposed, for maintaining Peace be- tween His Majesty's Subjects of both Provinces.
Then was read a Letter from the Lieutenant Governor of Mary- land to the Lieutenant Governor of this Province, dated the 24th of February last, with an answer of the latter thereto, dated the 8th of March following, On which some Observations being made, the Pro- prietor said that he intended to make use of the Opportunity of Mr. Hamilton's going to Annapolis, to press the Lieutenant Governor of Maryland to enter into such measures as should be most adviseable, for preventing such irregular Proceedings for the future, and as he designed that his Secretary, Mr. Georges, should accompany Mr. Hamilton, he had drawn up Instructions for them, which being laid before the Board, were read, as was likewise a Draught of a Letter from the Lieutenant Governor of this Province to the Lieutenant Governor of Maryland. On Consideration thereof had, the Board are of Opinion that the proposed Measures are absolutely necessary at this time, for Securing the Peace of His Majesty's Subjects, and the said Instructions, together with the foregoing Draught, being approved and ordered to be entred on the Records of Council, the Governor is desired to grant such Credentials to the Persons en- trusted with the Negotiations, as may shew them fully authorized by this Government for the Purposes in the said Instructions con- tained.
An Omission in this Minute Supply'd by an Entry after Minute of July 25th, 1734.
E.
-
May 25th.
By the Governor's Order a special Commission was issued, assign- ing Joseph Haines of West Nottingham, in the County of Chester, a Justice of the Peace, and of the Court of Common Pleas for the said County.
544
MINUTES OF THE
At a Council held at Philadelphia, June 20th, 1734.
PRESENT :
The Honourable PATRICK GORDON, Esqr., Lieut. Governor.
James Logan, Esqr,
Ralph Asheton, Esqr.,
Isaac Norris, Esqr.,
Samuel Hasell, Esqr.,
Samuel Preston, Esqr.,
Thomas Griffitts, Esqr.,
Clement Plumsted, Esqr.,
Charles Read, Esqr.
Thomas Laurence, Esqr.,
The Governour acquainted the Board that the Honourable Thomas Penn, Esqr., one of the Proprietaries of this Province, having some time since received from the Commissioners appointed by virtue of a , Commission from the Honourable John Penn, Thomas Penn and Richard Penn, Esquires, Proprietaries of this Province, bearing date at London the 12th day of May, 1732, for the execution of certain Articles of Agreement, concluded between the said Proprietaries and the Right Honourable Charles, Lord Baltimore, Lord Proprietary of the Province of Maryland, bearing date the tenth day of May afore- said, for the running, marking and laying out the Lines, Limits and Boundaries between the Province of Pennsylvania, Counties of New- castle, Kent & Sussex, on Delaware, and Province of Maryland their Report of their Proceedings towards the Execution of the said Com- missioners, the said Proprietary had directed him to take proper Measures with the Concurrence of this Board, for having the same proved in the most Authentick manner.
Which being considered by the Board, IT IS RESOLVED that the said Commissioners, upon their Respective Oaths or Affirmations, to be Administered in the presence of the Board, by one of the Judges of the Supreme Court of this Province, may Declare to the truth of said Report, and that some Persons of Credit & Reputation, now in Philadelphia, as are known to have an Intention of Trans- porting themselves in some short time to Great Britain, be also called to be present at the Board when such Oaths and Affirmations are administered & subscribed.
And accordingly Thomas Græme, Esquire, one of the Judges of the said Court, being called on, came into Council, and at the Coun- cil Board, Administered to the Honourable Patrick Gordon, Esquire, Andrew Hamilton, Esqr., and Robert Charles, Gentleman, three of the said Commissioners, an Oath on the holy Evangelists, and to Isaac Norris, Samuel Preston, James Logan, Esquires, & James Steel, Gentleman, the other four of the said Commissioners, being of the People called Quakers, a Solemn Affirmation, according to Law, that the said Report, which in one Copy is contained in Eighty seven Pages, in another in Ninety two Pages, and in a third in Ninety five Pages, is a true and faithfull Narrative of the Substance of what passed between them and the Commissioners on the part of Mary- land, at the several meetings where they and each of them respec- tively were present, agreeable to the Minutes carefully taken by some of their number, at the times when such meetings were held, or very soon thereafter, to the very best of their knowledge, and that
545
PROVINCIAL COUNCIL.
the several papers which have passed between the Commissioners on each side and are transcribed in the Report, having been with all possible Exactness compared with the Originals remaining in the hands of the Commissioners of Pennsylvania, and found to agree therewith.
Which said Oaths and Affirmations were Subscribed by the said Judge and Commissioners, in presence of John White and Samuel Mickle of Philadelphia, Merchants, John Richmond and William Spafford, Mariners and Commanders of Ships, now lying in the Port of Philadelphia, aforesaid, and bound for London, who also signed as Witnesses to the same, as appears by an Endorsement at the close of each Copy of the said Report.
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.