USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IV > Part 25
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" If, notwithstanding what we have said upon this subject, the
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Government of Maryland persist in their Opinion that the enquiry is to be made in the manner they propose, it is impossible for us to comply with it at this juncture, not being acquainted with those who settled on those Lands, under the respective Governments, nor have we it in our power to be informed thereof but by taking much longer time than will be proper for us to stay here ; And therefore we must in such case ,communicate the proposal to the Government by whom we were sent hither, and let it wait their further direc- tions. In the mean time it would be highly satisfactory to us, if the other Articles could be compleated, and that until this affair re- lating to the Settlements can be accomplished, it might be the care of this Government, as we are fully persuaded it will be of ours, to countenance no forcible actions, but to preserve the public Peace amongst the Inhabitants there.
" On the whole, if it be considered that had this Government been pleased to have answered the last letter of the President & Council of Pennsylvania by the return of the Post who brought it, as fully as now is done, we might have had fuller Instructions on the subject under Consideration, and, therefore, if any disappoint- ment does happen, it cannot be attributed as a fault to any in our Government, nor give Governor Ogle any just cause to entertain doubts of the Sincerity of the Government of Pennsylvania, any more than of our Integrity and Candor.
" SAMUEL PRESTON, " JOHN KINSEY,
" Annapolis, ye 27th of the Month called May, 1737."
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No. 4.
" Gentlemen :
"I am truly concerned to find by yours of yesterday's date, de- livered to me this Day, that you think it impossible, either for want of proper Informations or any other Reasons for you to comply with my Proposals at this Juncture, and tho' I am unwilling such desirable Intentions for Peace should be in the least delayed, yet I must submit until you shall have communicated my just & reason- able Offers to your Government, who I doubt not will, if their re- peated professions for Amity and good Neighborhood are sincere, give proper Powers & Instructions for perfecting the same in the manner I have before mentioned.
" SAM. OGLE.
" Annapolis, 28" May, 1736."
Which Report and Papers therein referred to are continued under Consideration.
Upon application to the President, by him communicated to the
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Board, for a Remission of the fines imposed at the late Quarter Sessions of the Peace held for the County of Philadelphia, upon Jane Lapelle for keeping a disorderly House & selling Liquors without being recommended & licensed according to Law, & upon Anthony Baker, for an Assault, both standing committed to the Goal of the said County; It is Ordered that they be released on their giving Bond, respectively, for the Payment of their Fines, the Woman finding Security in One hundred pounds for good Beha- viour, & the Man undertaking forthwith to depart the Province, & never to return into it, or otherwise to be again taken up & re- manded to Prison.
A Petition of Jacob Chamberlin, of the Manor of Moreland in Philadelphia County, praying a Remission of the fine imposed on him at the said Court for keeping a Public House without being recommended & licensed according to Law, was read and rejected.
The Board deferred entering on the Consideration of the Crimi- nals under Sentence of Death, till next meeting.
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At a Council held at Philadia., June 23d, 1737. PRESENT :
The Honble JAMES LOGAN, Esqr., President. Samuel Preston, Samuel Hasell,
Clement Plumsted,
Thomas Griffitts, Esqrs.
Thomas Laurence.
The Minute of the preceeding Council being read and approved,
The Consideration of the Crimnals under Sentence of Death was resumed, and the Board being of Opinion that Catharine Connor, als. Smith, Henry Wildeman, & Joseph Bevan, are not proper ob- jects of Mercy, the Woman having formerly been condemned for the like practices, but pardoned ; Wildeman having likewise been taken up for a former Burglary, of which tho' he was not then con- victed, yet litle Doubt could remain of his Guilt, & Bevans' Crime being very henious, to which he had added on his Trial the unjust Accusation of innocent Persons as Accomplices with him in the Fact, It is Ordered that Warrants, signed by the President, be issued for their Execution on Saturday the second day of July next ensuing. But the Board being inclined to spare the Life of Isaac Bradford, on Account of his Youth, yet that his Crime may leave a more lasting Impression on him, It is Ordered that his Name being inserted in the Warrant, he be carried with the other Malefactors to the place of Execution, and there receive a Reprieve, to be in like manner signed by the President.
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PROVINCIAL COUNCIL.
At a Council held at Philadia., July 14th, 1737.
PRESENT :
The Honble JAMES LOGAN, Esqr., President. Samuel Preston, Ralph Assheton,
Thomas Laurence,
Samuel Hasell, Esqrs.
The Minute of the preceeding Council being read and approved,
The President accquainted the Board that one William Neal hav- ing about a month since been apprehended here for altering some counterfeit Bills in imitation of those current in this Province, & on his Examination having declared that he received the same from one Benjamin Ellard, of New London, in the Colony of Connecticut, the Magistrates there had been applied to from hence, that Ellard might be taken up & examined, & they, by their Letter, inclosing a Deposition of Ellard & of one Thomas Davis, both which were now read at the Board, having signified that Ellard had frankly, and without the least Hesitation, acknowleged to them that he delivered the said Bills in a payment to the said Neal as true and genuine Bills of Pennsylvania, declaring at the same time that he received them as such from one Rowland Houghton of Boston, Merch"-, and paid him for the same, of which the said Davis was an Evidence. They therefore concluded Ellard to be intirely innocent of the fraud, and added, that this Houghton is the same person who made the plates by which a late paper Currency at Boston was struck. Where- upon the President proposing, and the Board agreeing, that a Letter on this Subject should be wrote to the Governor of the Massachu- sets Bay, a Draught prepared by the Secretary was read and ap- proved, and the President is desired to sign, in behalf of this Board, a fair transcribed Copy thereof, to be transmitted by Day's Post. Which Letter is as follows :
Philadia., July 14, 1737.
" Sir-
"We, the Council of Pennsylvania, on whom, by the Death of the late Governor Gordon, the Administration of this Province is devolved, take the Liberty of applying to you in a Matter that not only nearly concerns this Government, but in its Consequences may affect others on the Continent with whom we have any Dealings or Intercourse.
" About a month since one William Neal was apprehended here for uttering some counterfeit Bills of Credit, in Imitation of those current by the Laws of this Province. Being examined he declared he had received them from one Benjamin Ellard, of New London, in Connecticut. Upon application made from hence to the Magis- trates there, Ellard was taken up & examined, whose Deposition is inclosed, & by it you will perceive that the acknowledges the De- VOL. IV .- 15.
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livery of the Bills to Neal, but that he purchased them as true and genuine from one Rowland Houghton, of Boston, Merchant, about the latter end of August last, who, we are informed, is the Person that made the Plates by which a late Paper Currency at Boston was struck. We therefore request that you will be pleased to cause Houghton to be examined touching the Bills by him delivered to Ellard, one of which, with a genuine Bill for Distinction, we like- wise send inclosed ; & that you will direct a very strict Enquiry to be made, in Order, if possible, to discover the source of this Vil- lany, & to prevent the further ill Effects of so pernicious an At- tempt, whereby you will lay a very great Obligation on this Pro- vince in general, and on us in particular, who are,
" Sir, " Your Friends and most humble Servants, " In behalf of the Council, "JAMES LOGAN, Presidt.
Addressed,
" To His Excellency Jonathan Belcher, Esq"- Governor of His Maj- esty's Province of the Massachusets Bay, Boston."
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At a Council held at Philadia., July 19th, 1737. PRESENT :
The Honble JAMES LOGAN, Esqr., President. Samuel Preston, Samuel Hasell,
Thomas Laurence, Thomas Griffitts, Esqrs.
Ralph Assheton,
The Minute of the preceding Council being read & approved,
The Members to whom it was referred to examine the Accounts of money disbursed by the Provincial Treasurer cn Indian Treaties, pursuant to the Order of this Board of the 16th of March last, made their Report this day in writing, subjoyned to a General Account now read, whereby the Balance due from the Province amounts to Two hundred forty-nine pounds, seventeen shillings & ten pence farthing. The Board approving of the said Report, do recommend to the Assembly that the Sum aforesaid be passed to the said Pro- vincial Treasurer's Credit in his Accounts with the Publick.
The Consideration of the Petition of Durst Thome, in behalf of himself & others, presented and read at the Board the 16th of March last, being this day resumed, and the Collector of the Customs & Naval Officer of Philadelphia having had Notice thereof, the former being indisposed sent his Excuse, & the other attended, who, pro- ducing a Letter from the Commissioners of His Majesty's Customs at London, directed to them, the said Officers, bearing date the 15th
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PROVINCIAL COUNCIL.
of February last, together with sundry other Papers relating to the Goods imported in the Ship Princess Augusta, Samuel Marchant Master, seized here and condemned in the Court of Vice Admiralty, and to which Claim is made by the Petition aforesaid, the said Let- ter & Papers were read, and it appearing that the Commissioners, to whose Direction all Matters of the kind are properly Subject, have given Orders for the Sale of the Goods so seized & condemned. The Board are of Opinion that they ought to take no further Notice of the Affair, & therefore the Petition is Dismissed.
At a Council held a Philadia., July 21st, 1737.
PRESENT :
The Honble JAMES LOGAN, Esqr., President. Samuel Preston,
Ralph Assheton,
Samuel Hasell, Thomas Griffitts,
Esqrs.
The President acquainted the Board that Elisha Gatshell, Esquire, one of the Justices of Chester County, who a few Weeks since was attacked at Nottingham, by a party of the Maryland Garrison, & carried away Prisoner into Baltimore County, was come to town to give a Detail of the whole Matter before the Board, and is now attending for that Purpose. Mr. Gatchell being called in excused himself that he had not sooner waited of the Board, after his Re- turn from Maryland, having for some time been so greatly indis- posed by means of the cruel Usage he had received, as to render him unable to bear the fatigue of a Journey, and that still he con- tinues very weak & infirm ; he then proceeded to give a distinct & particular Narrative of the whole Affair, which having finished, and being withdrawn, The Board, on considering the matter as related by him, are of Opinion that he ought to give an Information of the whole upon his Affirmation, before one of the Provincial Judges, and that the Examinations should be taken of as many Persons as were present, or can give any Account of the Affair, that Warrants may be issued for apprehending the Rioters, if found within this Province, and as they may pretend to shelter themselves under the Authority of Maryland, that a Letter should be wrote to Governor Ogle demanding them to be delivered up to the Justice of this Go- vernment, & the President is desired to prepare a Draught to be laid before the Board.
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At a Council held at Philadia., July 22, 1737. PRESENT :
The Honble JAMES LOGAN, Esqr., President.
Samuel Preston,
Ralph Assheton, r Esqrs.
Thomas Laurence, Samuel Hasell,
The President laid before the Board a Draught of a Letter to Governor Ogle on the Subject of the Abuse offered to Mr. Gatchell, which being read and approved, the President is desired to sign the same when transcribed, in behalf of the Board, & to cause it to be forwarded to the Governor of Maryland by Express.
Which Letter as sent is in these Words :
"Sir,-
"We were in hopes that after your repeated Declarations of a sincere Desire, on your part, to establish Peace between the Inhabi- tants of these two Provinces, such effectual Measures would be taken as should prevent the Necessity of any further Applications from us to you, for Redress of Abuses committed by persons acting under your Authority against our People.
" But we have now unhappily an Instance of so unparalelled an Outrage committed by Charlton, the Captain of your Garrison, and four others of his Men, on the person of Elisha Gatchel, Esqr-, who for many years past has bore His Majesty's Commission of the Peace for the County of Chester, in this Province, that as we cannot doubt but it must have reached you from the Information of your own Magistrates, who had Cognizance of it, so we would perswade ourselves you could not hear it without the utmost Abhorrence & Detestation ; And tho' so violent an Action could not fail of being soon noised throughout the Country, yet we were not willing to move in it till we could have a more full & circumstancial Account of the whole from the Sufferer himself; but we find he was so bruised by the cruel Usage he received that his Inability from thence, together with the situation of his family Affairs, would not for sometime allow him to undertake the Journey, & therefore we saw him not till yesterday, and now his Deposition, taken before one of our Pro- vincial Judges, which is corrsberated to us by the further Evidence of others, who were Eye Witnesses of the Action, will, by the in- closed Copy of it, give you so full a Narrative of the whole, that there remains nothing further for us to say than that as you are sensible common Right requires these men to be delivered up, to be prosecuted according to Law in the County where the Fact was committed, we expect you will accordingly give your immediate Orders for apprehending the said five Persons, to witt, John Charl- ton, Joseph Parry, James Barrysford, James Dickson, & Hans Hamilton, if within your Command or claiming your protection, and to cause them to be delivered to the Sherif of either Chester or Lancaster County, who have Authority to receive & take them
1
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into Custody; as, also, that you will cause the Security, which Mr. Gatchel was compelled to give for the Recovery of his Freedom, to be vacated, since if what was alledged against him were even true, yet the Law would not justify your Commitment of him ; and upon your Complyance herewith we have the more firm Dependence from your Letter to us of the 15th of April last, in which you are pleased to express yourself in these Words, 'I shall leave wholly to yourselves such as first settled under your Government, over whom you may exercise your Jurisdiction according to the Laws of Pennsylvania, & shall only look upon such to be Marylanders at present, as settled & held under this Government; and if any thing contrary to this shall be done by any of our People, you may de- pend upon my redressing all Injuries upon the least Application.'
" We have further to observe here, that your having declined to return us any Answer to either of our last two Letters, & your leaving on so unreasonable and impracticable a foot the Treaty of Pacifi- cation, for concluding which Mess™s. Preston & Kinsey attended you, allow us no Room to say any thing further on that Subject; but as we have good Reason daily to expect His Majesty's Directions in the Affair, which has for some time past been before him, it must certainly be most prudent in us, while we leave the whole of these Contentions to that Issue, to be strictly carefull, in the mean time, to preserve Peace & good Order amongst his Subjects respectively under our Care, nor can a Neglect of this Duty, which we so indispensa- bly owe to our Sovereign, be justified or excused from any other Views or Pretences whatsoever.
" We send this by Express, whom you'l please dispatch as soon as you conveniently can with the necessary orders, and are,
" Sir, "Your Friends and humble Servants, " In behalf of the Council of Pennsylvania, "JAMES LOGAN, Presid.
" Philadelphia, July 22, 1737.
" For His Majesty's Service, " To the Honble Samuel Ogle, Esq".,
" Lieu" Governor of Maryland."
The Deposition of Mr. Gatchell, referred to in the foregoing Letter, and containing what he had given a verbal Narrative of at the preceeding Council, follows in these Words :
"Elisha Gatchell, Esq"., of East Nottingham, in the County of Chester, aged fifty-two years or thereabouts, one of the Justices of His Majesty's Peace for the said County, being one of the People called Quakers, on his solemn Affirmation, according to Law, saith : That on the twenty-ninth day of June last, being on his lawfull Business in Company with one Robert Blundell, at the House of Thomas Hughes, Tavern keeper in Nottingham aforesaid, distant
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about two Miles from this Affirmant's own house, where he has lived above these twenty-two years past, five Men on horseback, whose Names this Affirmant afterwards understood to be John Charlton, called Captain, the Commander as 'tis said of the Mary- land Garrison, Joseph Parry, James Barrysford, James Dickson, & Hans Hamilton, armed some with guns others with Hangers & Swords, came to the said Hughes's about Sunsett, & calling for Beer, the Master of the House answered, that he believed they did not stand in need of Drink, that by their Manner of Appearance he took them for some of the Maryland Garrison, who had of late been such Enemies to the Inhabitants of Pennsylvania, & wish'd them to ride on about their Business; but they dismounting & coming into the House the Master lett them have some Beer, which while they were drinking, Parry espying this Affirmant, asked him by his Name how he did, & presently after Barrysford laid hold of this Affirmant by the Breast & swore he had a great Mind to carry this Affirmant Prisoner into Maryland, whereupon the Affirmant en- quiring how they durst offer to treat him thus & what their Reasons were for riding about the Country in Numbers thus armed, he charged them to keep the King's Peace or otherwise he would deal with them as a Magistrate & commit them ; That Hans Hamilton hereupon presenting a Gun to the Affirmant's Breast, swore he had a great Inclination to empty it into him, this Affirmant, adding these words : " God dann you and your Peace, and your Master too." This Affirmant told him that the King was this Affirmant's Master, and such Language deserved Punishment; That the said Hughes re- fusing to lett these People have any more Beer, they took Horse and rode off about a Gun Shott from the House, where they drew together & seemed to hold a Consultation, & immediately after they all came back to the House demands more Beer, which being re- fused them, they all dismounting rushed into the House, and laying violent Hands on this Affirmant, they swore He should goe along with them ; & this affirmant struggling to gett from them, the Master of the House, his Wife, & the aforesaid Robert Blundell, endeavoured to interpose in this affirmant's behalf, but were beat & ill used by the said five Persons, who swore they would kill any who would attempt to deliver him, this Affirmant, out of their Hands; That he, this Affirmant, continuing to make what Defence he could, they pull'd him out of the House by the Hair of his Head; but this Affirmant again getting into the House, they dragg'd him from thence by Force, and commanded him to mount a Horse, which this Affirmant afterwards understood they took away from Hughes's Door & belonged to one Joshua Litler, an Inhabitant of Nottingham, who had just alighted there. This Affirmant re- fusing to mount, they threw him on the Ground, holding him by the Hair of his Head, by pulling which they wrung his Neck ; they then beat him on the Head with their fists, & on his sides with their Hangers, one of which they broke upon him, & carried their vio- lence so far that the affirmant called out "Not to murder him, he
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was in their Power, why were they so cruel? if they intended to kill him to do it out right," & then by force they put him on the Horse, Hans Hamilton getting behind him to secure him, & one on each side riding with a drawn Sword or Hanger; That by this time it was almost dark, and the Affirmant was in this Condition carried about ten Miles to John Williams' Ferry on Sasquehannah River, which they crossed & afterwards went on to the House of one Nicholas Savor, about a Mile or two further, during which Journey they reviled & insulted this Affirmant in a very gross manner, telling him that they would make him a Maryland Justice, and he should live at Connejohelah (the place of their Garrison) & keep the Peace there. They further added, that they had some time since determined to take this Affirmant, for they had their Governor Ogle's Orders for it, and rather than have failed they would have taken this Affirmant out of his own House; That they keeped this Affirmant all that Night at Savor's, and next morning took him to a publick house kept by one Hickeson, where came John Copson, Esqr., one of the Provincial Judges of Maryland, to whom, as the nighest Magistrate of that Province, the aforesaid Thomas Hughes went of himself with all Dispatch as soon as he saw this affirmant carried off from his House ; That the said Copson appeared to be very much offended with these Men for the violence they had offered to this Affirmant, & demanded by what Authority they had taken him ; they answered they had Governor Ogle's verbal Orders for it, to which the said Copson replied that he believed they told a gross Lie, for he could not think Governor Ogle would give such Orders. They said that he, this Affirmant, had expressed himself disrespect- fully of Governor Ogle, threatening to lay him, the said Governor by the heels, if he were in the Affirmant's Power, which Expression this Affirmant then declared, & now does solemnly declare to be entirely false; That the said Copson then told this Affirmant that he would discharge him & bind over those who had taken him to answer for their Proceedings; but one Nathaniel Rigby, a Justice of Peace of Baltimore County, coming in & hearing what the said Copson intended, told him that an Information was taken, in the presence of Governor Ogle, before him, the said Rigby, against this Affirmant, charging him with several disrespectfull Expressions of Lord Baltimore, and that he, this Affirmant, had said his Lordship was gone to France & would not answer the Bill exhibited against him in Chancery by the Proprietors of Pennsylvania, and therefore the said Rigby insisted this Affirmant ought not to be discharged ; Whereupon this Affirmant was held to Bail for his Appearance at the Provincial Court of Maryland, the third tuesday of next Oc- tober, and one John Hammond, Esqr-, and Jacob Giles, entering into Security, they in Fifty pounds each, and this Affirmant in One hundred Pounds, he was sett at Liberty ; That the Judge likewise bound over Charlton and his Associates, by taking their own Re- cognizances, to appear & answer for their Proceedings; That this
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Affirmant gott home next day with much difficulty and under great Pain from the Blows & Bruises he received, which so affected him, that when on Horseback he scarce could draw his Breath without great Uneasiness, & much of the same Pain still continues, and he doubts will do so during his Life, and it was for this Reason that he, this Affirmant, could not sooner undertake a Journey to Philadelphia. ELISHA GATCHELL.
The aforegoing Affirmation was this twenty-second day of July, 1737, taken at Philadelphia, before me, Thomas Grame, Esqr-, one of the Judges of the Supreme Court of Pennsylvania.
THO. GRAME.
At a Council held at Philadia., August 9th, 1737.
PRESENT :
. The Honble JAMES LOGAN, Esqr., President.
Samuel Preston,
Samuel Hasell,
Anthony Palmer, Ralph Assheton,
Thomas Griffits, & Esquires.
The Minutes of the two preceeding Councils being read and ap- proved,
The Secretary informed the Board that the Express to Mary- land being returned, gave account that Govr., Ogle was gone to Vir- ginia, whose return being uncertain, the Express after waiting two days at Annapolis, had delivered the Letter he was charged with into the hands of a Gentleman of the Governor's Household.
Came in, Clement Plumstead, Esq".
The Assembly having mett last night pursuant to their adjourn- ment, the President acquainted the Board that he had this morning received a Message from the House by two Members notifying their Meeting, and that if the Board had any thing to lay before the House that may contribute to the Peace and Prosperity of the Province wherein their Concurrence might be necessary, they were ready to receive it. Whereupon the President representing that he conceived it very proper that the House should be now informed of the Steps. taken by our Proprietaries in England for the Appointment of a Lieutenant Governor, with what had ensued thereon, and likewise of the Pains taken since the last meeting of the House to procure an Accomodation of those unhappy Differences subsisting between this Government and that of Maryland, and the Board judging a a Message of this Nature necessary, the President laid before the Board a Draught he had prepared, which being read was, with some small alterations, approved; and It is Ordered, that the same being transcribed and signed by the President be carried down to the
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