USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IV > Part 19
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" A PROCLAMATION.
"Whereas the Honourable Thomas Broughton, Esq"-, Lieutenant Governor & Commander-in-Chief of His Majesty's Province of South Carolina, by his Letter directed to our President, bearing date the fifth day of last February, hath signified the Receipt of certain Advices from Commodore Dent of His Majesty's Squadron at Jamaica, that an Armament of Spanish Ships of War & Troops were preparing at the Havana to be sent to St. Augustine, & from thence attack the New Colony of Georgia; and the said Province of South Carolina, which last was thereupon taking all possible Pre- cautions to give the said New Colony all the Assistance in their Power, & putting themselves in the best Posture of Defence, and for this End had prohibited the Exportation of any kind of Pro- visions, to prevent the Spaniards at St. Augustine receiving any Supply ; but as they may be supplied from this Government, it is
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requested that the properest means may be used to hinder any Vessells going from hence to that Garrison. We have therefore thought fit to issue this, Our Proclamation, hereby strictly Charging & Requiring all His Majesty's Subjects within this Government, that they do not by any means, directly or indirectly, furnish the Spaniards, or any of them, with any Warlike Stores, Merchandizes, or Provisions of any kind whatsoever, whereby a Furtherance may be given to such Enterprize against the Dominions & Territories of the Crown of Great Britain, as they will answer the contrary at their Peril.
" Given in Council, under the Great Seal of the Province, at Phila- delphia, the seventh day of March, 1736-7, in the tenth year of the Reign of Our Sovereign, Lord George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, De- fender of the Faith, and so forth.
" JAMES LOGAN.
" By Order of the President & Council.
" R. CHARLES, Secry." "GOD SAVE THE KING."
At a Council held at Philadia., March 16th, 1736-7.
PRESENT :
The Honble JAMES LOGAN, Esqr., President. Samuel Preston, Samuel Hasell,
Thomas Laurence, Thomas Griffitts, S Esqrs.
The Express to Maryland returning late last night brought a Letter from the Governor of that Province, which being this day laid before the Board by the President, was read in these Words : “ Sir-
" I have received your Letter of the 5th instant, & am sensible that mine of the 24th of December did not come to your Hands as soon as it ought to have done, an Accident having hapned to the Person it was first given to. You suppose it was so far antedated out of some mysterious Design or Other, but as I am well used to such sort of candid Interpretations I shall readily pass over every thing personal, my sole view being to bring You to some reasonable Measures, if possible, to put a Stop to such Violences & Disorders as must at present, no doubt, occasion great Reflections on both Governments, tho' when the Affair comes to be duly considered before impartial Judges, I make no Doubt of a proper Distinction being made between the Aggressors & those who have done nothing but what self-Defence absolutely obliged them to; that being a thing that I hope will be allowed us by Others, tho' you seem to think it a Privilege that We are wholly unworthy of.
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" A Number of Our Inhabitants, by the Threats & Perswasions of Your Magistrates, declare they will no longer pay their Taxes to this Government, and stand in open Defiance; what can be done more legally than the levying of the said Taxes by the proper Offi- cers ? yet this You judged such an Offence in us that you thought fitt to declare open War against this Province by Proclamation, and accordingly the Sherif of Lancaster County, with One or more of your Magistrates, proceeded to the Burning of Capt". Cressap's house, with all his Substance of a considerable Value, after as de- liberate a manner as they could have proceeded in upon the most legal and warrantable Occasion ; Upon this we are obliged to en- deavour to get together such a Force as may be sufficient to put a Stop to such cruel & unheard of Violences, and this I find You seem to think a greater Crime than the Other, nay you seem to carry this way of reasoning even to our very Correspondence by Letters ; We have whole sheets of Paper filled with laborious & repeated Arguments of all. Sorts, concerning the Justness of your Claims, and if We answer them in half the Compass, You seem offended at Our repeating, as you term it, the same things over and over; after such a Complaint in the begining of your Letter, I must own I should not have expected that you would have pro- ceeded so directly to the Repetition of several of your old Argumts which We thought We had so fully & clearly answered before. I have so much Regard for every Recommendation of yours that can be reasonably complied with, that I must own I would have given You the Pleasure to let them pass unanswered at present, since you seem to desire it, if the Point you seem to contend for was not too material to be given up so easily : It is no less than which of the two Governments is in the wrong, by refusing to come into such measures as were truly reasonable, to prevent all these Disorders that have lately hapned on Our Borders; therefore I must beg to speak a little to the Point.
" I shall not, as you seem to affect, speak in such general Terms as may be for ever used without a Possibility of any thing being distinctly understood by them, but set down the very Words in which we made Our several Proposals, that it may the more readily & clearly appear Who have acted the most candid and reasonable Part.
" The Proposals made to Mess". Hamilton & Georges on the 23d May, 1734, by me, were That both Governments should immedi- ately join in an Application to his most Gracious Majesty, with Our humble & dutifull Request, that he would be pleased to take into his just & wise Consideration the Mischiefs arising from the Uncertainty of the Boundaries of our respective Governments, & determine & fix the same as in his Wisdom & Justice he should be graciously pleased to order & direct; and further, that both Go- vernments should, by their joint Endeavours, not only remove & discourage any new Settlements on the Borders, which had been
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made since my administration of this Government, but also by Pro- clamation in Each Government forbid & deterr any Person within Our respective Governments from making any other new Settle- ments on the Borders till his Majesty's Pleasure should be known.
" These Proposals, so reasonable & necessary for the Preservation of Peace, proved disagreeable not only to those Gentlemen, but also to the Government of Pennsylvania, who always laboured to avoid the Necessity of agreeing, by a Pretence of Inpracticableness, or of voiding the Agreement; Whether such Apprehensions will answer that End you propose of justifying the Government of Pen- silvania for not coming into those Terms, must be submitted to more impartial Judges.
"Notwithstanding such Cavils, I was not discouraged in my Ear- nestness for Peace & Quietness, And therefore in my Letter of the last Spring, I repeated the same Proposal, but to my great Aston- ishment & Concern, new Objections were still raised (I hope not with a view to the Arts of seducing our Inhabitants from their Obedience to this Government, and the many Violences & Mis- chiefs which after followed); but this I will say, that if these Pro- posals had been conceded to, your Government would in all Proba- bility have had less to answer for.
" Be pleased to indulge me with the Satisfaction of expressing what sincere Comfort I have now reason to take from my own Con- duct in making those Proposals, since upon the Plan of those very Proposals (which have been so often repeated to and as often re- jected by your Government) You seem willing to consent That those who first took up their Lands under this Province may be al- lowed to acknowledge this Government; Nor can I omit at the same time doing Justice to your Candor, which has so far prevailed with you as to shew your good Opinion of the Reasonableness of those Proposals, ' If I can on my Part propose any rational Measures to render the thing practicable;' I will not believe this Task is im- posed on me with a Design in you to abate the ardent Desire You seem to express for the Peace of his Majesty's Subjects on the Bor- ders, But rather that your former Disinclination to agree to those Proposals might seem only to proceed from an Apprehension that something more was intended or desired by this Government than was plainly expressed by the Words of that Proposal; To remove this Suspicion, I do with great Truth assure you that nothing but the most genuine and natural .Import of the Words of that Propo- sal ever entered into my Thoughts; And therefore I think it very easy to give you an Answer to the Practicableness of those Mea- sures since the very Words seem to me so clear in their Meaning, that they cannot admitt a Doubt, And nothing is expected to be done in pursuance of them but what is sufficiently in the Power of Each Government to effect. And I must acknowledge my own Inca- pacity to explain by clearer & more significant Words that practi-
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cableness which is contained so exceedingly plain in the proposed Terms; But as I was entirely satisfied of their Reasonableness & Justice when I first made them, so I am now the more confirmed by your Candid Condescension, and I should be unwilling (if I could) to use any other Words, lest their meaning should not be so clear & explicite, and by that means I might lose sight of the opening Prospect of Peace on Our Borders.
" You seem willing not to oppose, 'But that all those who first took up their Lands under this Province may be allowed to ac- knowledge this Government, Only those who coming into your Province to inhabit it, and going over Susquehannah to seek for Settlements, were either forced or decoyed by Thomas Cressap or Others to submit to this Government, ought certainly to be left to those to which they first belonged.' I will still endeavour to banish a suspicion which might naturally arise, That this Exception of Only those, &ca., was thrown in as a Pretence to retract your Consent to my pacific Proposals in Case I should not agree to that most ex- traordinary Exception. For the reason you seem to assign for this Exception is because they came into your Province to inhabit, and went over Sasquehannah to seek for Settlements (for as the Surmise of their being forced or decoyed by Cressap, It is too weak to take up Our time). By the same strength of reasoning every Person who first came into your Province to inhabit, and afterwards removed into any other of his Majesty's Dominions in America, must be considered as Inhabitants of Pennsilvania. Tho' perhaps you would not admit the Goodness of such a Conclusion drawn from the like premises, if the Inhabitancy of any Person in your Town of Bristol was to be disputed, who had at first come into any of the neighbouring Governments, I am persuaded You did not intend to include within that Exception The Germans who settled under this Government on Sasquehannah, and who by a most extra- ordinary Method pretended to become Pensilvanians, And there- fore I shall receive any thing further on so plain a Point.
"I am too truly made sensible by Our former frequent Meet- ings that little real success can be expected that Way, nor can I think but that Every thing necessary for Our mutual desired Peace on those proposals may now be effectually put in Execution without personal Conferences, which I fear may rather retard than hasten the good Effect of Our amicable Dispositions ; but if any Difficul- ties should arise, which can only be. removed by a Conference, I shall be willing to meet Mr. President for that Purpose at any Place about half way between this City and the City of Philadel- phia.
"I shall not object to the Preliminary You are pleased to make when I shall have received your declared Intention not to screen by any Terms the Disavowers of this Government, under which They first seated themselves, from complying with the Dues and
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Taxes thereof, And that our Settlers on the Borders shall not be disturbed or molested by any under your Government.
" I beg Leave to join with you in that Declaration, That neither the whole or any part of those Proposals shall, by any Construction, Implication, or Inference whatsoever, be interpreted to make any Concession, or to give the least Advantage, directly or indirectly, to either Your or Our Proprietaries or Governments on Either side, in their respective Rights or Claims over the Other. I should have joined with you further Could I have been assured of what was meant by that Exception of the purposes they are now intended for.
"To convince you of my hearty Wish not to lose one Moment for improving this Appearance of a neighbourly and peaceable Temper, and not to let this social Warmth cool, I have endeavoured to give the best Dispatch I could to your Express. I am,
" Sir, "Your most humble and Obedient servant,
" SAM. OGLE.
" Anapolis, 11th March, 1736.
" To The Honourable the President and the Council of the Province of Pensilvania."
Which is referred for further Consideration.
Upon the Motion of Mr. Preston, Provincial Treasurer, that a Committee of this Board be appointed, as usual, for examining the Accounts of sundry Disbursements on Indian Treaties, and report- ing thereon to the Board, Mr. Laurence and Mr. Hasell are named for that Purpose.
A Petition of Durst Thome, of Philadelphia, in behalf of him- self and others, was presented to the Board, and read in these Words :
" To the Honourable the President and Council of the Province of Pennsylvania :
" The humble Petition of Durst Thome, of Philadia,, in behalf of himself and others, whose Names are mentioned in a Schedule hereunto annexed, being Owners of the Household Goods and Utensils in an Inventory likewise hereunto annext,
" Humbly sheweth :
"That being Protestants, and Subjects to the Emperor of Ger- many, and encouraged by the Accounts they had received from Others of their Countrymen in the Province of Pennsylvania, of the great Blessings of Peace & Liberty of Conscience enjoy'd in the said Province, under the protection of that gracious and mighty Prince, King George the Second, King of Great Britain & Elector of Hannover, they thereupon, in the year of our Lord, One thousand seven hundred and thirty-six, did transport themselves, with their
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Families, into this Province; and having disposed of their old Household Goods and Utensils, which were very bulky, at their coming down the Rhine, for a very small Quantity of new ones of the same kind, they were laden on board the Ship Princess Augusta, at Rotterdam. And when the said Ship made Report of her Lad- ing at the Port of Cowes, in Great Britain, the said Household Goods, Utensils, and other Things belonging to your Petitioners, were freely exposed to the View of the Officers of that Port, who suffered them to pass without Molestation, or requiring any Rates, Duty, or Customs for the same, they being for the proper use of your Petitioners, and not for Sale. But so it is, may it please your Honours, that upon the Arrival of your Petitioners in the said Ship at Philadelphia, She, together with the Goods and Utensils afore- said, was seized by the Collector and Naval Officer of this Port, or one of them, By which, and the Severity of the said Officers, Your Petitioners were reduced to very great Straits. And notwithstanding the said Ship, upon a full Hearing in the Court of Admiralty of this Province, before Charles Read, Esq', then Judge of the said Court, but since deceased, was legally acquitted, Yet the said Goods were condemned as forfeited; Which Sentence, as to the Condemnation of the said Goods & Utensils, Your Petitioners being advised could not be warranted by Law, They thereupon petitioned the said Court of Admiralty for a Rehearing of the said Sentence as to the House- hold Goods & Utensils, in which Petition they humbly conceive they have sufficiently shewn that the said Sentence was altogether null and void ; And that the same (were the Judge of the said Court still living) could not be put in Execution, As by a true Copy of the said Petition, herewith exhibited, and to which your Petitioners, for greater certainty, beg Leave to refer themselves, Your Petition- ers humbly conceive will manifestly appear; And as they are so unfortunate as to be deprived of having the Sentence re-heard in that Court, by Reason of the Death of the Judge, they do most humbly pray, As your Honours are interested in the Forfciture of the said Goods & Utensils, if they had been legally Condemned, That you will, in Compassion to the unhappy Circumstances of your poor Petitioners, be pleased to grant them such Relief as you, in your Wisdom, shall think fitt.
" And your Petitioners, as in Duty bound, shall ever pray.
" DURST THOME."
One of the Papers annexed to the foregoing Petition is as fol- lows :
" Peter Evans, Esq"-, Quitam, &ca., plaintiff, . . u. Sur Informacon.
"The Ship Princess Augusta, and certain Goods, Wares, and Merchandizes, part claimed by Samuel Merchant, Defend“
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"To the Honble Charles Read, Esqr., Judge of the Court of Vice Admiralty of the Province of Pensilvania.
" The Humble petition of Nicholas Tainy, Benedict Youghly, Bas- tian Graffts, and George Graffts, passengers, in the Plea of the aforesaid Samuel Merchant, mentioned on behalf of themselves and others, the passengers aforesaid,
"Humbly Sheweth :
"That the said Petitioners & others, the Passengers aforesaid, whose names are contained in a Schedule hereunto annexed, were owners and now claim property in Thirty Stoves, in the Informa- tion exhibited, called Chimney Backs, Five hundred ninety-six Syths, One hundred and three large Iron Instruments called Straw- knives, Fourteen Iron Instruments called drawing knives, Twenty- seven Iron Stewpans, Eighty-one Iron Ladles, Five Dozen and three Iron Shovells, Twenty-seven Iron potlids, Twelve Iron drip- ping pans and frying pans, Thirteen Axes & one Hatchet, Three small & one large crosscutt Saws, One Gross of Shoemakers' & two of Sadlers' awls, Six box Irons & six Chissels, Six Iron baking stovepans, Twenty-three Dozen of Claspknives, One Dozen of Steels, One Dozen of Plyers & Hammers, Six Iron Lamps, Six Trowells & one Spade, One Cask of Nails & a smiths' Vice, Fourteen Cop- per Kettles, Five Copper Stills, Two dozen Scissars, One packet of Sleeve Buttons & Studs, Four Umbrells, Four Doz. & a half of Worsted Caps, Two dozen of printed Linen Caps, Six pair of worsted Stockings, Four peices of striped Cotton Handkerchiefs, Twenty-five pieces of Tape, Two dozen black Girdles, One peice of black Crape, One peice striped Cotton, Nineteen peices of Bedtick, Two peices of brown Linen, One peice of blue & white Linen, Two dozen of Ivory Combs, Two Dozen & a half of Tobacco pipes with brass Covers and a brass Box, Two Dozen of Ivory needle Cases, Three handbrushes, Three Dozen of Pewter Spoons, Three dozen of Spectacles, Eight looking Glasses, Eight Flutes, Six wooden Cocks, and One dozen of Reaphooks, in the Information aforesaid men- tioned ; that to them they belong and were imported for their own private use, and not for sale; And say they are advised and hope to prove that the Sentence against the Goods, Wares, and Merchandizes aforesaid ought not to be put in Execution, for that the Proceedings in the Cause aforesaid against the said Goods are Null, void, invalid, and of no Force & Effect in the Law, for the the several causes following, viz .: For that it appears by the Plea of the said Samuel Merchant the Goods aforesaid were the Goods of those Claimants, and therefore ought not to have been condemned without a Hearing first given them, And also an Opportunity of Examining Witnesses, by which it might have appeared to the Court here that the said Goods were not liable to be condemned as forfeited; also, for that by the practice of this Court and Law in such cases, at least a third Proclamation ought to have been made
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before the Goods aforesaid could legally be condemned; also, for that the Information aforesaid is altogether uncertain & illegal, which has rendred the Sentence Grounded thereupon altogether null & void; The said Information being exhibited on behalf of the Governor or President, whereas, at the time of the Exhibiting that Information, the Government, by the death of the late Lieut Gov- ernor, and the Laws of this Province, devolves upon & still con- tinues in the President & Council, and not in the President only ; and therefore the Information aforesaid ought to have been in the name of the President & Council of the Province of Pennsylvania (in whom the Power and Authority of a Governor of this Province, by the death of the said late Lieu" Governor, Patrick Gordon, Esqr- deceased, is vested), And the Sentence ought to have been pronounced accordingly. And even had this been done, as your Honour is a Member of that very Council, and consequently in- trested in the event of the forfeiture, if any be, They submitt it to your Honour whether it be consistent with the Rules of Justice and Equity that any sentence should be given in the premisses at this time & in this Court.
"For which reasons they humbly pray that the said Sentence may be reviewcd, reheard, and not put in execution ; but that the proceedings for the causes aforesaid may be declared Invalid, Null, & void, And that the Goods, Wares, and Merchandizes aforesaid be restored to their Owners. And they as in duty bound shall pray.
"NICHOLAS TAINY, " BENEDICT YOUGHLY, " BASTIAN GRAFFTS, " GEORGE GRAFFTS."
A Schedule or List was likewise annexed to the foregoing Peti- tion conts the Names of One hundred & sixteen Foreigners.
Which Petition & Papers annexed are continued under Consider- ation.
At a Council held at Philadia., March 21st, 1736-7.
PRESENT :
The Honble JAMES LOGAN, Esqr., President. Clement Plumsted, Samuel Hasell,
Thomas Laurence, Thomas Griffitts. Esqrs.
The Consideration of Governor Ogle's Letter being resumed, the, President laid before the Board a Draught of an Answer, which being read and debated, is referred for further Consideration.
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At a Council held at Philadia., March 22d, 1736-7.
PRESENT :
The Honble JAMES LOGAN, Esqr., President.
Samuel Preston,
Samuel Hasell,
Thomas Laurence, Thomas Griffitts,
Esqrs.
The Board resuming the Consideration of the President's Draught of an Answer to Governor Ogle's Letter, & the same being this day on mature Deliberation approved and fully concluded on, It is Ordered, that a fair Copy thereof be transcribed, which being signed by the President in behalf of this Board, he is desired to forward it without Loss of time. Which answer is in these Words : "Sir-
"We have received yours of the 11th instant, in the first Para- graph of which, after your Excuse for the Oldness of the Date of your former, you are pleased to declare 'your sole view is to bring us to some reasonable measures, if possible, to put a stop to such Violences & Disorders as must at present no doubt occasion great Reflections on both Governments ; tho' when the Affair comes to be duly considered before impartial Judges, you make no doubt (you say) of a proper Distinction being made between the Aggressors & those who have done nothing but what Self-Defence absolutely obliged them to;' and here we heartily agree with you, there being nothing we more earnestly desire than such an impartial Hearing and Consideration. But you should not speak of bringing us, if possible, to reasonable Measures to put a stop to the Violencies & Disorders you mention, for, as from the first, they arose wholly on your part, it lay always in your own Breast when you pleased to putt a Stop to them, & it is the Point we ever pressed you to.
" Your extraordinary manner of stating the Case would indeed set everything in a different Light; but while you can call your sending up about three hundred armed Men with Drum and Trum- pet to terrify our Inhabitants by the name of levying of Taxes by the proper Officers, which is the first time we ever heard that al- ledged for their Business, and call our Proclamation issued on that Occasion, requiring our Officers to be vigilent and active for main- taining Peace & good Order, a proclaiming open War against your Province, nothing of what you are farther pleased to advance on the Subject can appear strange in a Representation so entirely of a peice in all its parts. We must observe, also, on your taxing us with Repetitions, that they are no more than what yourself, by your repeated Charges, have rendred necessary; for if you have the Charity to believe we think ourselves in the Right, you will un- doubtedly be so good as to pardon us for saying so & giving our Reasons in Proof of it. But if such Repetitions, which we wished in our last might be avoided, are a Crime in us, we shall only crave you would be pleased to review your own Letters, and there you
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