USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IV > Part 27
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"I have not as yet made y& full Enquiry Intend into the In- stance you stile of an unparalled Outrage on the Person of Mr. Gatchell, who I am sufficiently authorized, by many Instances of his Behaviour, to reckon a turbulent seditious Disturber 'of the good Harmony which ought to subsist betwen the two Provinces, And therefore I cannot give the fullest Credit to what he relates of his own Sufferings; But as soon as I can make myself thoroughly ap- prized of the fact, and all its Circumstances, you may be assured of finding me not less ready than yourself on the like Occasions, in
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giving all proper Orders for preserving Peace and Tranquility be- tween the two Provinces. I am,
" Gentlemen,
" Your most Obedient humble servant,
" SAM. OGLE.
" Annapolis, 16th August, 1737."
Addressed,
"To the Honorable James Logan, Esq"., President, and the Council of the Province of Pensilvania."-
Which Letter is continued under Consideration.
Upon occasion of a late heinous Crime committed by a Negro Man, in willfully setting on fire a dwelling House in the township of Bristol, within the County of Philadelphia, the Necessity of issuing a new Commission for the Tryal of Negroes was represented to the Board, the former Commission, wherein Thomas Laurence & Charles Read, Esqrs., are assigned Justices for this Effect, being use- less by the Death of the last named Gentleman; Whereupon Wil- liam Allen, Esquire, was named in the room of Mr. Read, & a blank Commission having been prepared by the Secretary, the same was filled up with the Names of Thomas Laurence & William Al- len, and signed at the Board.
At a Court held at Philadia., September 3d, 1737. PRESENT :
The Honble JAMES LOGAN, Esqr., President.
Samuel Preston,
Samuel Hasell,
Ralph Assheton, Thomas Griffitts, S Esqrs.
The President acquainted the Board that pursuant to the Com- mission issued at the preceeding Council, the Justices therein as- assigned, with six Frecholders, had proceeded to the Tryal of the Negroe Man, for wilfully setting on fire a Dwelling House, that the Negroe confessed the Fact and received Sentence of Death to be this day executed, but the Prosecutor having been deficient in the Prosecution, & tho' furnished with sufficient Proofs to show the wicked Disposition of the Criminal, his Malice, & threatened Resentments against the Owner of the House, & the Person who then lived in it, together with the Criminal's former bad Character, yet resting the whole upon his own Confession, some of the assist- ant Freeholders who satt on his Tryal, had from thence been led to make an Application to him, the President, in favour of the said Negroe ; and the President hereupon representing that he himself being Owner of the House that was burnt down, is by this Applica- tion laid under some Difficulty, lest, on the one hand, a Disregard to
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it may be imagined to proceed from the Injury and Loss he him- self has sustained, while on the other hand, a Complyance with their Request in suffering so henious a Crime to pass unpun- ished, cannot but be attended with many ill consequences, more especially as the insolent Behaviour of the Negroes in and about the city, which has of late been so much taken notice of, requires a strict hand to be kept over them, & shows the Necessity of some further Regulations than our laws have yet provided. The Board, on considering the Matter, are of Opinion that so daring a Crime ought not to pass unpunished, yet being willing to pay some Regard to the Application that has been made, It is Ordered, that the Ex- ecution of the Negroe awarded for this day be respited for three Months, that is to say, to the third of December next ensuing, and the President is desired to sign a warrant for staying, the said Execution accordingly.
At a Council held at Philadia., September 12th, 1737. PRESENT :
The Honble JAMES LOGAN, Esqr., President.
Clement Plumsted, Samuel Hasell,
Thomas Laurence, Ralph Assheton,
Thomas Griffitts, Esqrs.
The Minutes of the two preceeding Councils were read and ap- proved.
Upon the President representing to the Board that a venire had been issued by Jeremiah Langhorne and Thomas Grame, Esq" ... Justices of the Supreme Court, returnable to-morrow, for the Tryal of Sundry Persons now in Goal in the County of Bucks for Capital Offences, but that the last-named Gentleman is at this time so greatly indisposed as not to be able to attend the Service, a special Commission of Oyer & Terminer, which had been prepared by the Secretary, was now filled up, associating unto the said Supreme Justices William Biles, Joseph Kirkbride, Jun", and Mathew Hughes, Justices of the Peace for the said County, and assigning any three of them, Mr. Langhorne or Mr. Graeme being one, Jus- tices for the Tryal and Goal Delivery aforesaid, Which Commis- sion being signed by the President & Members present, is ordered to be forthwith sealed & sent into the said County of Bucks by the Clerk of the Supreme Court, who is setting out thither.
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PROVINCIAL COUNCIL.
At a Council held at Philadia., September 27th, 1737.
PRESENT :
The Honble JAMES LOGAN, Esqr., President.
Samuel Preston, Samuel Hasell, r
Clement Plumsted,
Thomas Griffitts, Esqrs.
Thomas Laurance,
The Minute of the preceeding Council being read and approved,
The President laid before the Board a Letter he had received from the Governor of Virginia, bearing date the third instant, by John Mundell, a special Messenger, sent Express to receive from Lancaster Goal two Persons who had committed a Murther in Orange County, in that Colony, and to bring them to Williamsburg in order to their Tryal, which Letter further gives an Account, that the Messenger sent to the Cherikees and Catawba Indians had, in a Letter just then received, informed the said Governor that at the very time the Messenger was treating with them, the Northern Indians or Six Nations had killed three of the Catawba Nation, and five of their Horses, as they were returning from Hunting, and having had eight more of their Men killed since April last, they are so exasperated that they will hearken to no terms of Accomo- dation, at least till they have their Revenge; but the Cherikees having fortunately found Means to fall into a friendly Conversation with a party of the Six Nations, had sent with them Deputies to conclude a Peace for themselves, and it being probable that in their way they may pay a visit here, the Governor of Virginia having made them sensible how much they owe to the friendship of this Government, he therefore reccommends them to its further Favour, in procuring for them a good Correspondence with the Indians of this Province, as the likeliest Method to facilitate a Peace with the Six Nations, and as it may prove a good Step to induce the Catawba Indians to pacifick Measures. The Board hereupon thinking it ne- cessary that a Message should be sent to the Six Nations to acquaint them with what had past, and to advise them to establish a firm Peace between them and those Cherikees & Catawbas, the following Message drawn up by the President, was by him laid before the Board, and being read & approved, is Ordered to be forwarded by Conrad Weyser, now in town.
" The Proprietor, Thomas Penn, and the Council of Pennsyl- vania send their Salutations to their Brethren of the Six Nations, and say thus :
" As soon as our trusty Friend and Interpreter, Conrad Weyser, returned last Spring to Philadelphia, and brought us an Answer from our Brethren to the Message he carried to them, with a Belt, in Confirmation of their agreeing to a Cessation of Arms with their Enemies to the Southward, the Cherikees and Catawbas, for one
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year, We immediately sent a Letter to the Governor of Virginia to acquaint him with it, and to desire him forthwith to send a Message to those Southern Indians, to require of them that they should for the same time forbear all Hostilities against the Six Nations and all their People, until they should mutually treat with each other in order to settle a Peace between all these Nations; accordingly the Governor of Virginia sent his Messenger to the Cherikees and Catawbas, & many days after received an Answer from them, which Answer he has sent to us, and it is this :
" That while his Messenger was treating with the Catawbas some of the Six Nations killed three of their Nation, the Catawbas, and five of their Horses, as they were returning from Hunting, and had, also, before killed eight of their Men since April last (that is since their Corn was planted), and therefore they could not hearken to any treaty of Peace at least till they were revenged for this Action. But the Governor of Virginia further said in his Letter that the Cherikees, having fallen into a friendly Conversation with a Party of the Six Nations, had sent with them Deputies to conclude a Peace for themselves.
" This is the Answer we received a few days since, and we thought it proper immediately to send Notice of it, by Messenger on pur- pose, to our Brethren of the Six Nations, that they may know of this Refusal and the Catawba's intention to seek Revenge, that they may not be surprized, for we think ourselves concerned to ac- quaint our Brethren of every thing that may relate to their Safety, or expose them to any Hazard or Danger, for so it becomes friends to act by each other.
" But we further most earnestly desire our Brethren the Six Na- tions to use their utmost Endeavours to settle a Peace with those Southern Indians, for they may clearly see that by their Wars they only lessen their Numbers and weaken themselves, and render themselves less able to defend their Country, their Women and. Children, against Enemies who may hereafter attack them ; They know, and we grieve to see that their Numbers are much lessened. within these twenty years, and if they proceed to send out their young Men against People that live at so great a Distance from thent, they will still continue to lose more and more, for the hazards. they run are great, and yet the destruction of a hundred Enemies. at a distance adds not one Man to themselves ; this we earnestly desire our Brethren to consider. We advise them as their true friends, and if they take our Advice they will themselves find the: advantage of it.
. "Signed in behalf of the Propr& & Council,
" JAMES LOGAN."
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PROVINCIAL COUNCIL.
At a Council held at Philadia., October 4th, 1737. PRESENT :
The Honble JAMES LOGAN, Esqr., President.
Samuel Preston,
Ralph Assheton, )
Anthony Palmer,
Samuel Hasell,
Clement Plumsted,
Thomas Griffitts,
Esqrs.
Thomas Laurence,
Returns of the Elections of Sherifs and Coroners throughout the Province for the year ensuing, being made, the following Persons were appointed to those Offices :
For Philadelphia City & County, Joseph Brientuall & Isaac Leech being returned for Sherifs, & Owen Owen & David Evans for Coroners, Joseph Brientuall is appointed Sherif, & Owen Owen Coroner.
For the County of Bucks, John Hart & Charles Biles being returned for Sherifs, and William Atkinson and Jonathan Wollston for Coroner, John Hart is appointed Sherif, and William Atkin- son Coroner.
For the County of Chester, John Owen & John Wharton being returned for Sherif, and Stephen Hoskins and Evans Ellis for Coroner, John Owen is appointed Sherif, and Stephen Hoskins Coroner.
For the County of Lancaster, Samuel Smith & James Mitchell being returned for Sherifs, and Michael McClare & William Cald- well for Coroners, Samuel Smith is appointed Sherif, and Michael McClare Coroner.
And Commissions are ordered to them accordingly, the Sherifs giving Security as the Law directs.
At a Council held at Philadia., October 7th, 1737.
PRESENT :
The Honble JAMES LOGAN, Esqr., President.
Thomas Laurence,
Samuel Hasell,
Ralph. Assheton, Thomas Griffitts, Esqrs.
Whereas, a Petition of sundry Inhabitants of the County of Lan- caster was presented and read at this Board the 25th day of Janu- ary last, setting forth the Want of a high Road from the town of Lancaster to Coventry Iron Works on French Creek, in Chester County, & praying that proper Persons of each County may be appointed for laying out the same from Lancaster town aforesaid to the said Iron Works, forking the said Road near to the Plantation of Widow Roberts, to lead to a new Furnace on the said Creek
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called Redding's Furnace, and from thence into a Road lately laid out from the yellow Spring to German's Mill, & from thence into the Conestogoe Road; which Petition having been referred for fur- ther Consideration, the same was this day resumed, and a Draught of that part of the Country thro' which the Road petitioned for is to pass having been laid before the Board, they are of Opinion that it may prove greatly to the Conveniency & Accomodation of the Inhabitants in those parts, who are now entirely destitute of a Pub- lick Road, to grant the Prayer of the said Petition with some necessary Alterations. It is, therefore, Ordered, that Thomas Ed- wards, Jacob Bear, Emanuel Carpenter, Hans Graaf, Simon King, & John Mendenhall, of the County of Lancaster, or any four of them, do view and lay out a high Road from the most convenient place of the Road leading from Lancaster town to Philadelphia, as streight and commodious, and with as little Damage to any private persons as may be, to the Division Line between the Counties of Lancaster & Chester. That William Moore, John Parry, jun"-, Humphrey Lloyd, Evan Davis, Thomas Green, & William Pim, of the County of Chester, or any four of them, do then and there joyn the beforenamed Persons of Lancaster County, and a Majority of all the said Persons, or of eight of them, agreeing on the most con- venient Passage over the said Division Line, do continue the said Road to the Iron Works on french Creek aforesaid, forking the said Road at the most commodious Place between the Division Line aforesaid & the said Iron Works, to lead to the new Furnace called Redding's Furnace, & from thence into the most convenient estab- lished Road leading to Philadelphia. And that of the said Road, to be laid out by Course & Distance, they the aforenamed twelve Persons, or eight of them, with a Draught thereof, make Return to this Board in order to a Confirmation.
At a Council held at Philadia., October 14th, 1737.
PRESENT :
The Honble JAMES LOGAN, Esqr., President.
Samuel Preston,
Ralph Assheton,
Clement Plumsted,
Thomas Griffitts, Esqrs.
Thomas Laurence,
The Minutes of the three preceeding Councils being read & ap- proved,
The President taking Notice that this being the Day for the meeting of the Representatives of this Province in Assembly, de- sired the Board to consider whether any thing occurred proper to be laid before the House. Whereupon, it was judged necessary that they should be made acquainted with the two Papers lately transmitted by the Agent, which had already been communicated
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PROVINCIAL COUNCIL.
to the Members of this Board severally, to witt : the Copy of the Report of the Lords of Trade on the Representation of our Pro- prietaries, recommending for His Majesty's Approbation George Thomas, Esq": to be Deputy or Lieut Governor of this Province and Counties; and on the Petition of Lord Baltimore against the said Approbation, and likewise his Lordship's Answer to the Peti- tion from this Government, It is, therefore, Ordered, that the Pre- sident lay the said Papers before the House accordingly.
At a Council held at Philadia., October 15th, 1737. PRESENT :
The Honble JAMES LOGAN, Esq., President.
Samuel Preston,
Ralph Assheton,
Clement Plumsted,
Thomas Laurence,
Samuel Hasell, Esqrs. Thomas Griffitts, J
The President acquainted the Board that a Message was brought to him last night by five of the Representatives, to inform him & the Council, that the Representatives of this Province being mett in Assembly had proceeded to the Choice of a Speaker, & desired to know when the President & Council would receive them with their Speaker; That he, the President, had returned Answer that he would communicate the said Message to the Board, from whom the House might expect to hear in the morning; Whereupon it is Or- dered, that the Secretary immediately acquaint the Representatives that the Board is now sitting & ready to receive them with their Speaker. The Secretary being returned, reported that he had de- livered the said Message according to Order, and soon after the Representatives attending, Andrew Hamilton, Esqr- addressing him- self to the Board, acquainted them that the Representatives of the Freemen of this Province, elected the first instant, had mett yes- terday in pursuance of the Charter of Privileges and the Law ; that they had proceeded to chuse a Speaker, which Choice had fallen upon him, and that the Members of the House had taken the Quali- fications by Law directed, & now waited for this Board to acquaint them, that if they had any thing to lay before the House they were ready to receive it. The President made Answer, that as the Qualifications of the Speaker were abundantly well known, he did not doubt but the Choice of the House was as agreeable to all the Members of the Board as it was to himself in particular; and then briefly recapitulating what had passed between the Board & the former House, on the Subject of the Differences with the Govern- ment of Maryland, & of the Violencies & Outrages that had been carried on against the Inhabitants of this Province, for Redress of which an humble Application had been made to His Majesty. The President delivered to the Speaker the two Papers which were by
.
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the preceeding Council directed to be laid before the House, & thereupon they withdrew.
Then were read two Applications to the President, the one from Evan Jones & the other from John Henry Gosch, Prisoners in the Goal of this City, charged with Capital Offences, praying that Orders may be given for bringing them to Tryal; Whereupon the Secretary is directed to acquaint the Justices of the Supreme Court with these Applications, that they may take Order therein.
A Report being this day read at the Board of the Proceedings of the Court of Oyer & Terminer & Goal Delivery, held at Newtown for the County of Bucks, the 13 " day of September last, whereby it appears that Richard Heard & William Beatson were severally indicted and convicted of Burglary, for which Sentence of Death had passed upon them; that two other Bills of Indictment had been found against Beatson for Burglary, besides that on which he had been convicted. The Board are of Opinion that the Sentence against him ought to be putt in Execution ; but being willing to be further informed touching the other Criminal, the Secretary is di- rected to apply to the Justices of the said Court for this Purpose, & to report their Sentiments to the Board.
At a Council held at Philadia., November 11th, 1737.
PRESENT :
The Honble JAMES LOGAN, Esqr., President.
Clement Plumsted, Samuel Hassell,
Thomas Laurence, Thomas Griffits,
Esqrs.
Andrew Hamilton, Esquire, being appointed Judge of the Court of Vice Admiralty for the Province of Pennsylvania & Territories thereunto belonging, by Virtue of a Commission issuing under the Great Seal of the High Court of Admiralty of England, bearing date the eighteenth day of August last, now produced at the Board, did this day take & subscribe the several Oaths and Declarations by Law enjoyned, & an Oath for the faithful Execution of his Duty, in order to qualify him to enter upon the Discharge of the Trust reposed in him by Virtue of the said Commission.
At a Council held at Philadia., November 12th, 1737. PRESENT :
The Honble JAMES LOGAN, Esqr., President. Clement Plumsted,
Samuel Hassell, Thomas Griffitts, Esqrs.
Thomas Laurence, Ralph Assheton,
The President having caused the Members to be Summoned on
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the second instant, in Order to lay before them some Advices he had just then received from the County of Lancaster, a Quorum did not meet, and Time not admitting that the said Advices should be thoroughly considered in the Council of yesterday afternoon, this morning was then appointed for entring upon the Consideration thereof; And accordingly the President laying before the Board three Affidavits, to witt, of Richard Lowdon, Keeper of the Goal of Lancaster, Patience his Wife, & Mary Coffee their Servant, the same were read & sett forth, That on Wednesday the twenty-sixth day of October last, about twelve of the clock in the night, John Charlton, the Captain of the Maryland Garrison, with sundry other Persons unknown, to the Number of about sixteen, armed with Guns, Pistols, and Cutlasses, broke into the House of the said Richard Lowdon, adjoining to the Prison of the said County, and getting into his Bed Chamber, where he & his Wife then lay, pulled them out of Bed, and presenting cock'd Pistols to their Breasts, de- manded the Keys of the Goal, that the Doors might be sett open, and sundry Prisoners who were therein confined, to witt, Daniel Lowe, George Bare, Philip Yeiger, and Bernard Weymer, to be sett at Liberty, for that they belonged to the Province of Maryland, threatning to shoot the said Lowdon if he disputed doing what was required of him; That amongst the said armed Company was one Frances Lowe, Sister of the aforesaid Daniel, who by frequent visiting her Brother in Goal, becoming acquainted therein, & having observed where the Keys were usually put at night, undertook to / show the said Company where the Keys were, and accordingly opened several Drawers until she found them; Whereupon the said Charlton & his Associates required the said Richard Lowdon forth- with to take the Keys, open the Doors himself, & to dismiss the aforesaid Prisoners, upon pain of instant Death, which he peremp- torily refused to do, even tho' they should carry their threats against him into Execution ; that one of the Company took the said Keys, unlock'd the Goal Doors, & calling to the said four Prisoners they came forth, and with the said armed Company rode off towards Maryland; That Lowdon's Wife and Maid endeavouring to escape, in order to give the Alarm, were seized by some of the said Com- . pany, kick'd and beat, and the whole family were held & detained, so that no timely Notice could be given in the town of Lancaster of this Action until the Rioters were all gone off.
The Board having but little Reason from Governor Ogle's past Conduct, and the Manner in which he chuses to pass over every just Complaint that has been made to him on the part of this Govern- ment, to expect much Regard from him to any Expostulations on these unexampled Violencies between the Subjects of the Crown, or to any Demand that may be made for delivering up these out- ragious Rioters to the Justice of this Province, Yet that no thing on the present Occasion may be omitted which may be conceived to be the duty of this Board, they are of Opinion that a Letter on the
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Subject of this last daring Insult should be sent to the said Gov- ernor, with a Demand for Delivering up Charleton & his accomplices to Justice, & for returning the Prisoners to the Goal of Lancaster ; And a Draught of a Letter having by Order of the President been prepared by the Secretary, was read and debated, and some altera- tions being made, the same was approved and Ordered to be tran- scribed & signed in behalf of the Board by the President, to be transmitted by Post or any private Conveyance that might sooner offer. Which Letter follows in these Words. :
Philadelphia, November 12th, 1737.
"Sir-
" Since the Receipt of your last of the 16h of August, wherein you wave giving any direct Answer to the Complaint we made of the Outrage committed on Mr. Gatchell, and to our Demand of de- livering up to Justice the Persons concerned therein, till you could make yourself thoroughly apprized of the Fact and all its Circum- stances, We have been in Expectation of receiving your further Sentiments on that Affair, and of knowing whether we are to con- sider the Fact as approved of & countenanced by your Government. We were in hopes, indeed, that even from your own former Engage- ments, quoted to you in our Letter of the 22ยช of July on that sub- ject, you would have found yourself in Honor indispensably obliged long before this time to have given us a more proper Satisfaction ; but instead of it, to our astonishment, we find the same lawless Person, your Captain Charleton, as it appears, depends so far on your supporting him that there is nothing can be too heinous for him to undertake. Of which another flagrant Instance is His and his Company's late Action in Marching in the Night into the mid- dle of Lancaster County, breaking into the Goaler's House, assaulting him in his Bed, beating & abusing not only the Man but his Wife and Maid, seizing the Keys of the Prison Doors & setting at Liberty four Persons, to witt: Daniel Lowe, George Bare, Philip Yeager, and Barnard Weymer, standing committed for Riots & Breaches of His Majesty's Peace. These facts, the Heinousness of which it is unnecessary for us by any words to aggravate, having been perpe- trated on Wednesday night, the 26th of last month, must have long since with their Circumstances been known to you, for we are in- formed several of those concerned in them set out soon after for Annapolis to carry the news of their Exploits. But as these Vio- lences are of such a Nature as suit nothing less than an open declared State of War, and are never to be justified between Subjects of the same Crown, we demand, as we have an undoubted Right, that the said Charleton and his Accomplices, now within your Ju- risdiction or Command, be forthwith delivered up to the Justice of this Province, and that the Prisoners be returned; Or if we are in this also to be disappointed, we must again become humble Suitors to Our Gracious Sovereign, the only Recourse we have to be de-
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