USA > Pennsylvania > Colonial records of Pennsylvania, Vol. III > Part 6
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Then the Governour said, that although he had seized the Sloop in his Majesties name, in Order to Bring the Vessell & whatsoever was on board to a Legal Tryal, Yet he Cou'd not but think himself Obliged to acquaint the Governmt. of Jamaica with this accident, & the Circumstances of it, whereby the ffirst adventurers being honest & Good men, might have an opportunity to Lay such Claims to what . had so lately been their Proper Effects, as in Justice or Equity the Law wou'd permit.
At a Council held at Philada., the 11th of August, 1718.
PRESENT :
The Honble WILLIAM KEITH, Esqr., Lievt. Govr.
William Trent, Isaac Norris,
James Logan, Robert Assheton.
Jonathan Dickinson,
The Governour putting the Board in mind, that at their Last meet-
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PROVINCIAL COUNCIL.
ing at which those persons, who had brought a Sloop into this Port, lately in Possession of the Pirates, were Examined. The Governr. had then assured the Board he wou'd take no steps in Relation to that affair without their knowledge & approbacon, thought now fit to Inform them that Capt. Hardy, whom at the Sloops ffirst arrival he had Commissionated to take her under his Care, was now attending, with an Inventory of what was fund on board her, which is as fol- lows : .
10 Great Guns & Carriages, 4 Spunges,
2 Swivle Guns,
3 Pateraroes,
4 Chambers,
30 Musketts,
5 Blunderbusses,
5 Pistols,
6 Old Pateraroes,
53 hand Granadoes,
200 Great Shot,
2 Barrl. Powder,
4 Caggs of Patridge,
2 Powder Horns.
ACCT. OF SAILS, RIGGING & STORES, &c.
1 Main sail,
1 ffore sail,
1 Jib,
2 fflying Jibbs,
1 Top Sail,
1 Doctors Chest, .
1 black fflagg,
1 Red fflagg,
2 Ensignes,
2 pendants,
1 Jack,
8 Sloppers,
1 fflying Jibb halliards,
1 Top Sail Halliards,
1 main Halliards,
1 main Down hall,
1 Jib Sheet, the other for Bow fast.
1 Flying Tack,
1 Fish Hook & Pendant,
2 pump Spears,
1 Broad Ax,
1 Wood Ax,
1 Cable,
1 old peice of Junk,
13 planks,
2 Top Sail Sheets,
1 Boom Tackle,
13 bbr. of Beef & pork, VOL. III .- 3
2 Runners & Tackles,
a Small. Quantity of tallow,
& Tobacco,
3 Compasses,
1 Sprit Sail,
1 Square Sail,
1 boat Main Sail & ffore Sail,
22 Spare Blocks,
1 main Sheet,
1 Topmast Stay,
1 ffore halliards,
1 Jib halliards & Down hall,
1 Topping Lift,
2 Grinding Stones,
24 Water Casks,
1 barl. of Tar & a peicc,
30 barr. of Powder,
7 Dead Eyes,
1 Kittle,
2 Iron potts,
3 Anchors,
1 hand Saw,
1 pair of Canhooks,
1 hammer, .
1 Augur,
1 plain,
Some Iron work & Lumber.
2 Crows,
10 Organ Barrels,
7 Cutlasses,
5 Great Gun Cartridge Boxes,
8 Cartridge Boxes for small arms.
4 Old Chambers,
20 Guns Tackles,
10 Breechins,
2 Guns, Worm & Ladle,
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Whereupon the sd. Capt. Hardy being Called in, & the Governr. Comission to him being Read, he Exhibited the sd. Inventory of all the Arms, Tackle, apparell & Goods on board her, which upon his Oath administred by the Governour, he Declared was a true & Exact one of all that he Could find, or was on board the sd. Sloop when she was first put into his hands, the Sailors Clothes & Necessaries Excepted.
The Governour then spoke to the Board in these words, vizt. GENTLEMEN :
The Great Losses that this Colony has already sustained beyond any of its Neighbors, by our Trade's being blocked up & Infested with Pirates at the Capes of this River and Bay has given me much uneasiness, & racks my thoughts at this present time which way to Contrive some Expedient for Relief.
I have not been wanting fully to Represent our Circumstances in this Case unto the Kings ministers at home, & also with the greatest Civility I could, to Invite some of his majesties Ships of war ap- pointed for the neighbouring station to take some notice of us but still without any success, and in the mean time the World must see & Judge, that not only we of this Province, but also the Colonies in the West Indies, who in this season of drowth among them depended upon Bread & provisions from us, & even the merchants of Great Gritain themselves have been & are daily more & more likely to be Great Sufferers.
Upon an Informacon that one Teach, a noted Pirate, who has done the greatest mischief of any to this Place, has been Lurking for some days in & about this town, I have granted a Provincial warrant for his being apprehended, if possible to be found, & several other petty Informnacons of Late gives me Cause to suspect that many of the Pirates that have lately Surrendered themselves, & obtained Certificates from this and the neighbouring Governments, do still keep a Correspondence with their old Companions abroad. To pre- vent the Evil Consequences, whereof I am of Opinion it will be Con- venient on the Sixth day of the next month, When his Majesties act of Grace to the Pirates doth Expire, to publish a Proclamation here, Certifying a fresh the Encouragements which his Majesty has been pleased, by his Royal Proclamation, to offer to such as shall seize & apprehend any of the Pirates so as that they may be brought to Justice, and also the rewards promised to such of themselves as shall bring in any of their Captains or Leaders, with a Clause Cer- tifying also the penalties which the Law does Inflict upon such per- sons as shall presume to Lodge, harbour and Conceal any of these Robbers, whereby they will became accessary to their Crimes.
Those pirates who have abused his Majesties Royal mercy & good- ness to them, by returning to their former wicked practices, most Certainly can have no claim to any Compassion or favour whatso- ever. But on the other hand I must Look upon it as a duty incum- bent on all the Kings Servants here to pursue his Majesties Royal Intention in protecting those who have humbly accepted the act of Grace, do Continue to behave themselves as peaceable & obedient
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PROVINCIAL COUNCIL.
subjects to the King and his Government, and as ffor those few men who lately brought in the Sloop Nathanial & Charles, & Delivered her into my hands, it was upon Examinacon before the Board Es- teem'd to be a Service of that nature, which not only gave them a title to be protected but even Rewarded.
In Case of any further alarm or danger, I have Judged it neces- sary & proper to secure the arms & amunition Contained in the In- ventory before you to be Imploy'd in the defence of this Colony, and Do hereby therefore make myself accountable to the publick or to whomsoever shall hereafter produce a Legal demand upon me for the same.
But as to the Sloop, & what is contained in the other part of the Inventory they being of a Perishable nature, I Conceive it will be necessary to Direct that they be first appraised, & then sold at Pub- lick Vendue to the highest bidder, that the Produce may be forth- coming & Secured, either to the Crown in whose possession it already is or to such who shall in any reasonable time make Good their title, & recover their right by judgment in Law.
It is my Desire that Whatsoever is thought fitt to be ordered in this matter may be done with your approbacon, whereby the Particu- lars will remain upon the minutes of this board to justify the Can- dour & Equity of all the Proceeding, and in the mean time I shall. Transmit a faithfull account of the whole, one Duplicate to the Secre- tary of State, & another to the Lords Commissioners for Executing the office of Lord High Admiral of Great Britain, in order to Receive further direction from these powers herein.
In it Ordered hereupon, that the Proclamacon menconed by the Governour shou'd be prepared.
And as to the disposal of the Sloop & her Effects, 'tis Judged necessary that the Provisions menconed in the Inventory being Ly- able to Perish shou'd be disposed of by publick Vendue, but that it will be more advisable that all the other Stores, with the Sloop, Rig- ging, &c., be Laid up till such time as the Governour can be Informed to whom the same of Right belongs, or untill Directions shall be Received from the Court, or from the admiralty, in what manner they are to be disposed of.
At a Council held at Philadia., the 3d October, 1718.
PRESENT :
The Honble WILLIAM KEITH, Esqr., Lievt. Govr. William Trent, James Logan,
Jonathan Dickinson,
Robert Assheton,
Samuel preston,
The Governour acquainted the Board that he had in his hands the Several Returns for Coroners & Sheriffs Elected this Present Year for the respective Counties of this Province, so that if any Gentleman at this Board had any objections to offer why the Per- sons ffirst chosen & named in sd. several Returns should not be Co-
.
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missionated by the Governour as usual, they wou'd please now to speak to it for the Governours better direction in his Choice.
And no such objections being made at the board, the Governr. was pleased to Order that Comissions be forthwith made out for the persons first Chosen & named in the sd Respective Returns, Vizt. : Owen Roberts, to be Sherif of the City & County of Philadelphia, & Richard Walker, to be Coroner of the sd. City & County ; Nicho- las Fairlamb, to be Sherif of the County of Chester, & Jonas San- delands, Coroner of the sd. County ; John Hall, to be Sherif of the County of Bucks, & John Cutler, Coroner of sd County.
The Governour acquainted the Board that he had several matters of Importance to Lay before them, but wou'd Referr them to a fuller Council, and that he thought it Convenient that the Council shou'd meet once a week, which wou'd very much Tend to Dispatch of Business ; Whereupon, Tuesday in Every week is appointed to be a Council Day, and it is Ordered, that William Pawlett wait upon the Governour every Munday night, to take his Directions for sumoning the Council.
At a Council held at Philada., the 15th October, 1718. PRESENT :
The Honble. WILLIAM KEITH, Esqr., Lievt. Govr. William Trent, James Logan,
Samuel Preston, Robert Assheton.
The Assembly waited upon the Governr. in order to present their Speaker, and they Presented Jonathan Dickinson, whom the Govr. very well approved of, and then spoke to them as follows : Mr. Speaker,
The modesty & Candor of your Deportment for many years in Publick Business has at this time, in the two most Eminent Sta- tions, Justly determined the Choice, both of the City & County in General, & this fflourishing City in particular upon you Sir.
And from this Good Beginning, I promise myself that by your Prudent Example & Conduct, they will at Last be perswaded hear- tily to Unite in all such matters as Plainly tend to the honour & ad- vantage of this Province.
GENTLEMEN :
I know it is usual with you to adjourn for a short time at this season, so I shall not trouble you further now, but referr such mat- ters as I have to lay before you, until you Can more Conveniently meet to set upon Busiencss.
Then the Speaker Desired the Governour wou'd Grant them the Priviledge, Vizt. : ffreedom of Speech, ffree access to the Governr., & a favorable Construction on all their proceedings, which the Go- vernr. assured him of, then the Council adjourned.
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PROVINCIAL COUNCIL.
At a Council held at Philadelphia., ye 17th Octobr., 1718. PRESENT :
The Honble WILLIAM KEITH, Esqr., Lievt. Govr.
William Trent,
James Logan,
Jasper Yeates,
Anthony Palmer,
Jonathan Dickinson,
Robert Assheton.
Samuel Preston,
The Governour Laid before the Board a Representation or Grei- vance, signed by several of the Justices for the County of Chester, who desire that the Governr. & Council may Give some Redress therein.
The Governour Declared, that as to the first part of it Relating to a Certain Clause which had been Left out of the Last Comission of the Peace for that County, it had been done purely on account of bringing the stile of the Comissions as near as Possible to that of England, but if this Board wou'd advise the Governr. to Renew the Comission with such a Clause as he Desired, he wou'd readily Do it.
And as to the Second part of the Complaint the Governr. Cou'd not but say, that he thought the Attorney Generals being put in the Comission by the advice & Consent of this Board, wou'd hardly bear the sence of being Inconsistent with Reason as was presumed & alledged, and that as the Governour was Ready to hear any Reason- able Complaints that Cou'd be made agt. the Attorney General, or any other Officer in the Governmt., & to Redress them, So he Cou'd not think it either Just or Convenient to Discountenance Officers agt. whom he had yet Received no matter of Complaint, but on the con- trary who had performed very Commendable Services towards the Publick; Nevertheless, the Governr. Desired the Opinion of the Board, to which he wou'd, as near as Possible cou'd be done, accom- modate his Sentiments.
Upon which the Board Delivered their Opinion, that the Clause which had been Left out of the Last Comissions of the Peace for this Province, and Insisted upon by the Justices of Chester by their Com- plaint is an unusual Cause, and ought to be Incerted in all the Comissions of the Peace for the Counties of Philada., Chester & Bucks, and that the Comissions be again Renewed with an addition of the sd. Clause.
The Board then taking the Second part of the sd. Complaint Relating to the Attorney General being in the Comission of the peace into Consideracon, The members unanimously agreed in opi- nion with the Governour, Tho' the manner of the sd. Justices of Chester, application & some Expressions Contained in their Remon- strance were not so Decent as became their Duty & Respect to Go- vernment in this Case ; Yet to the End, that no part of the Country might have the Least pretence to Contradict, or in any way molest the Perfect unanimity & Good understanding that hitherto hath been so happily preserved through all the Parts of the Governrs. admin- istracon ; It was moved that the Attorney Genall., who in the Duty of his office had on all occasions acquited himself with a General ap-
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plause, might, if the Governr. thought fit, be invested with a Pecu- liar Comission or power to Examine Witnesses & Bind over persons for Breach of the Peace, or in any Cases Capital, which wou'd as Effectually answer the End as if his name was Incerted in the Comon Comission of the peace for the sd. County.
The Secretary Exhibited an account of Disbursments, the ballance of which amounted to Seventeen pounds twelve Shilling & Ten pence half penny on the Last Treaty with the Delaware Indians, which account is allowed by the Board, & the Treasurer is Ordered to Pay the sd. Ballance.
The Governour Laid before the board several Disbursments on the Late Expedicon of Two Sloops to the Capes, in Pursuit of the Pirates, who were Comanded by Capt. Raymond & Capt. Naylor, which ac- counts amounted to about ninety pounds ; It is the Opinion of the Board, that the sd. Expedicon will be of Service to the Government, and the Charges Incident ought to be Defray'd by the Publick.
The Governr. acquainted the board, that he had some time past Received a Peticon from several of the Inhabitants of the town of Bristol, in the County of Bucks, Requesting that for Regulating their Streets & Preserving the better Order among the Inhabitants, The sd. town might be Erected into a Borough by a Charter of In- corporacon, which Request being Considered of by the Board, It is their unanimous opinion that the sd. Town be Erected into a Burrough accordingly, and the persons Peticoning are Directed to apply to the Attorney General for suitable Draught for that Purpose.
At a Council held at Philada., the third Day of Novembr., 1718.
PRESENT :
The Honble WILLIAM KEITH, Esqr., Lievt. Govr.
Jasper Yeates,
Samll. Preston,
Richard Hill,
James Logan,
William Trent,
Anthony Palmer,
Isaac Norris, Robert Assheton,
Jonathan Dickinson, John ffrench.
The Governour having Just Received some Letters from Great Britain, spoke to the Council in these words. GENTLEMEN :
The Important Occasion of your meeting at this Time is, that I may Communicate unto you, in the most Decent & Respectfull man- ner, the accounts which I have Just Received of our Late Lord pro- prietor & Governr. in Chief, the Great Mr. Penns Death.
The Exalted merit & Reputation, whereby this Gentlemen has been universally known & Distinguished for many Years, most Justly Restrains me from Presuming to touch so perfect a Peice as the General Character of that Great man.
But the Dutiful Regard to that Trust in my present Station which I once Received from him, as well as the Respect which is Justly Due to so many of his ffaithfull servants Present, Obliges me in the
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midst of sorrow to Put you in mind of the Duty which we particu- larly Owe to the memory of a worthy & Good master. In short, as it was Mr. Penns generous Regard to mankind, & his Sublime huma- nity that first fframed the Scheme, & then Laid the Solid ffoundation of this fflourishing Colony.
So it is to his Indefatigable Care & Great Capacity in all manner of Publick busieness, that We entirely Owe those Valuable Privi- leges which we now enjoy, & which the Good People of this Pro- vince may Justly Expect to be Regarded Especially by these Em- ploy'd in the administracon of Governmt. under the Late proprietor.
At this time therefore Gentlemen, I hope you will think I am in my Duty when I recomend it to you, so to Proceed in every Part of the Publick service as that our Sovreign Lord King George, his Su- pream & Rightfull authority may in the ffirst Place be maintained Over all his Majesties Subjects within this Province.
Secondly. That the Respect & Gratitude, which is so Justly Due to the Late worthy Proprietors ffamily, may on all occasions be du- tifully acknowledged & paid.
And Lastly, that our Behaviour toward Each Other may be such as in the Event will Clearly Demonstrate that we are Loyal sub- jects, ffaithfull servants, & sincere ffriends. The Board Received the Governrs. affectionate Condolence upon the malancholy Occasion with Gratitude & Respect, And then the Act of Assembly Past in the Year 1712, and approved by the Late Queen, Entituled an Act for the ffurther Securing the administracon of the Governmt., was Called ffor & Read ; and a motion being thereupon made, that for the Greater Satisfaction of the Inhabitants of this Province, a Pro- clamacon should be Issued, menconing the Proprietors Decease & Reciting the last Clause in the sd. act, Viz. : "That in Case the sd. Governour in Chief shall happen to be removed by Death or Other- wise, then it shall & may be Lawfull for his Deputy or Lievtent., for the time being, to Exercise all the powers of Government as fully & amply as before, untill further order from her majesty, her heirs or successors, or the heirs of the sd. Proprietor & Governr. in Chief which shall first happen." And further, that all magistrates & officers be required to Discharge their Duty with the same Vigor & application as formerly they were obliged to Do; and the said motion being unanimously approved & agreed unto by the Board, the Governour Ordered such a proclamacon to be forthwith Prepared & Issued accordingly.
The Governour Laid before the Board a Letter which he had Received the Last Post from Brigadier General Hunter, Governour of New York & New Jersey, Inclosing the Copy of Certain Letters Patents from his majesty, and Brigadier Hunter having Published the sd. Letters Patents at New York, his Excellency Desired that the sd. Copy or tenor thereof might also be made Publick in this Province, after such manner as the Governour shall think Proper. The Board being of opinion, that the sd. Copy was not so authentick as might be requisite in order to a Due publication thereof, advised that the Governour should take the first Opportunity to write to
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Brigadier Hunter, in Order to obtain his Excellencys more particular Direction herein.
The Governour further acquainted the Board, that having fformerly appointed a meeting with Collo. Hart, Governr. of Maryland, in which he had then been Dissappointed, he had, upon the sd. Collo. Harts Coming over the Bay, taken a Journey ffrom New Castle accom- panied with Collo. ffrench only; That after some very Considerable Debates on the Differences Raised between the Inhabitants of Both Provinces, they had at Length come to some amicable Conclusion, which is fully set forth in a minuit of it now Laid by the Governr. before the Board, and the same was Read in these words.
At a meeting between the Governours of Maryland & Pensilvania, held at Collo. Hynsons House, the 28th of Octobr., 1718.
PRESENT :
His Excellency Collo. Hart, The Honble William Keith, Esqr. Governrs.
Collo. Thomas Smith, Collo. John French,
Collo. Nathll. Hynson, Major James Harrison,
His Excellency Collo. Hart produced several Complaints which had been made to him from the magistrates & others of Cecil County, in Maryland, Relating to the Settlement at Nottingham, and they Claiming the sd. settlement to be within the Jurisdiction of Maryland. It was observed that Governr. Keith, in his Last Comission of the Peace for the County of Chester, in Pensilvania, had appointed magistrates for the Townpp. of Nottingham, on supposition that the sd. Township was within the Jurisdiction of the sd. County of Ches- ter; His Excellency therefore, in behalf of my Lord Baltimore, & in Defence of his Lordships Just Right, sets forth, That the sd. Town- ship of Nottingham had frequently been taxed by the magistrates of Cecil County, that a Great part of the Inhabitants of Nottingham had peticoned him to take them under the Protection of my Lord Baltimores Government, and that as he was Realy Convinced, from several Records & other proofs, that the situacon of Nottingham aforesaid was unquestionably within the Bounds of my Lords Grant from the Crown, he Cou'd not but Insist upon it, that Governour Keith wou'd be pleased to withdraw his sd. Comission for the Jus- tices of the peace at Nottingham, and all other marks of the Jurisdi- con of Pensilvania there.
Collo. French, who from his Long Residence in that neighbour- hood was perfectly well acquainted with the Settlement at Notting- ham, said that about sixteen years ago the sd. settlement was, by proprietor penns order Survey'd & Laid out into Lotts, ffour of which he had Reserved for himself, & Granted most of the Rest to the Respective Settlers by Regular Warrants, which was the only pre- tence of Right Whereby they now hold them ; That they had always from the Beginning of their Settlement sued & been sued as Inhabi - tants of the County of Chester, in Pensilvania, and at untill the Great Dispute about the Division Line between my Lord Baltimore & Mr. Penn could be perfectly adjusted, he humbly Conceived there was
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PROVINCIAL COUNCIL.
only One Rule to be Tacitly Observed in the mean time in order to Preserve the Publick peace & make all parties easie, Vizt. : That wheresoever Persons were found to be seated on or near the Boun- daries in Question; if they held their Lands by any warrant or Right from my Lord Baltimore, they ought not to be molested or Disturb'd with any pretence of Jurisdiction from Pennsilvania ; and on the other hand, those who held their Lands by Rights formerly Granted by Mr. Penn, shou'd Likewise be permitted to Remain under the Governmt. of Pensilvania until by a proper authority the Divi- sion Line between the two Governments Can be Run.
Governr. Keith hereupon assured his Excellency, that this was the very Rule which he had hitherto Carefully observed, in Consequence whereof the settlement at New Munster, adjoining to Nottingham, whose Inhabitants mightily Desire to be protected by Pensilvania, and which Governour Keith has Great Reason to believe is Within the Bounds of Mr. Penns Grant; Yet because their Lands at Present were held by Rights ffrom Maryland, He would not Hearken to their Desires, nor Suffer any of his officers to molest them.
Governr. Keith further Observed, that to Proceed in this manner wou'd Effectually Preserve the Peace amongst his majesties subjects, & Cou'd not Possibly in any sort Prejudice the Just Right of Either Proprietor hereafter to be Determined ; with Great Respect therefore to my Lord Baltimore, & a Just Esteem of his Excellencies Conduct & Diligent Care in the Government under his Direction, Mr. Keith humbly Requests that his Excellency will please to Concur with him in the Passive measures Proposed, untill either by powers or Direc- tions from England, both his Excellency & Mr. Keith are sufficiently Enabled or advised to Proceed otherwise.
His Excellency continued very much to insist upon Mr. Keiths re- calling those Comissions at Nottingham. Govr. Keith begg'd to be excused from giving any other answer at the time, until he had an Opportunity to advise with the Council, so the matter was at present Referr'd to the further Consideracon of the Respective Governour, & the Councils of both Provinces.
The Governour hereupon Desired the Comissioners of Property to Notify to the Council what lands about Nottingham were granted by Warrants from this Province, that a further answer may be prepared & got ready against the time the Governour of Maryland shall apply for the same.
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