USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IV > Part 28
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PROVINCIAL COUNCIL.
fended from the unexempled Outrageousness of such Measures, to implore His Royal Protection, & a suitable Redress for so daring an Insult on the British Laws and Constitution. We are, " Sir, "Your Friends and humble Servants, "In behalf of the Council, "JAMES LOGAN, Presidt.
"For His Majesty's Service.
"To the Honble. Samuel Ogle, Esq",
Lieut. Governor of Maryland."
The Secretary reported that pursuant to the Order of the Board of the 15th of last Month he had the next day attended the Jus- tices of the Court of Oyer & Terminer held for the County of Bucks, all of whom hapned then to be in Town, who on confer- ring together touching Richard Heard, by them adjudged to Death for a Felony, unanimously declared they had nothing to offer in his favor, but that nevertheless they submitted the whole to the Plea- sure of the Board. And hereupon it being considered that this is the first Offence, the Board were unanimously of Opinion that his Life should be spared conditionally that he depart the Government never again to return into it. And It is Ordered, that a Warrant issue under the hand of the President for the Execution of Wil- liam Beatson, the other Criminal in the Goal of the said County, on Wednesday se-night, the twenty-third instant.
At a Council held at Philadia., November 26th, 1737.
PRESENT :
The Honble JAMES LOGAN, Esqr., President,
Clement Plumstead, Samuel Hasell,
Thomas Laurence, Thomas Griffitts,
Esqrs.
The Minutes of the four preceeding Council being read and ap- proved,
The President laid before the Board a Letter brought him this morning by a Message dispatched on Purpose by Governor Ogle, which being read is as follows :
" Annapolis, 22d November, 1737.
" Sir --
" I received on Saturday last the inclosed Order of Council, which I hope will effectually put a stop to all Riots & Disturbances upon Our Borders for the future ; at least I beg leave to assure you that nothing shall be wanting on my Part to have it punctually observed by every Body under this Government. As we have not a Press here
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at present, I have given Directions to the Bearer of this to get a good Number of Proclamations printed in Philadelphia, that His Majesty's pleasure may be made as publick as possible, and hope you will be pleased to favour us, not only with your permission, but to give Directions that such Expedition may be used as the Import- ance of the Affair requires.
"I was lately much surprized to hear that Daniel Lowe and his fellow Prisoners were brought out of Lancaster Goal by some of our People. I have been so far from giving any Encouragement to any thing of this Nature, that it was my positive Order to all our In- habitants in those parts, to avoid giving the least Offence to any under your Government, but only to defend themselves from such Violences as should be offered to themselves ; and, indeed, consider- ing in what Light the Imprisonment of those unhappy People is looked upon by the Inhabitants of both Provinces, & from some other Circumstances, I can't help thinking that many even of your own People were concerned, at least underhand, in this Affair ; however, as I hope this Order of His Majesty will now put a Stop to all our Disputes here, till such time as Affairs are finally determined at home, I shall not enlarge further upon this hand, but beg Leave to remain,
" Sir, " Your most Obedient, humble servant,
"SAM. OGLE.
"To the honourable James Logan, Esq"., President of the Council at Philadelphia."
At the Court at Hampton Court the 18th day of August, 1737.
PRESENT :
The King's most Excellent Majesty.
Arch Bishop of Canterbury, Earl Fitz Walter,
Lord Chancellor,
Lord Monson,
Lord President,
Mr. Speaker,
Lord Privy Seal,
Mr. Chancellor of the Exchequer,
Lord Chamberlain,
Henry Pelham, Esq"",
Earl of Pembroke,
Sr. Charles Wager,
Earl of Cholmondeley,
Stephen Poyntz, Esqr.
Earl of Jlay,
" WHEREAS two Petitions from the Province of Maryland have been presented to His Majesty at this Board, the one from the Governor and Council, and the other from the Commissary and Clergy of that Province, which Petitions represent (amongst other things) That there is a Suit now depending in His Majesty's High
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PROVINCIAL COUNCIL.
Court of Chancery of Great Britain, between the Lord Baltimore, Proprietor of Maryland, and the Family of the Penns, who are the present Proprietors of Pensilvania, concerning the Validity of cer- tain Articles of Agreement entred into between them for adjusting the Boundarys of their respective Provinces ; That pending the said Suit great Disorders and Outrages have been committed upon the Borders of the Province of Maryland by the Inhabitants of the Province of Pensilvania, who have set fire to the House of one Cres- sap, when himself, Wife, Children, and six others were in it, and burnt the same to the Ground; and that whilst the said Persons endeavoured to escape the Flames, several Guns were fired at them, whereby one Man was killed and others wounded, and several were taken Prisoners and carried to the Goals in Pensilvania. Wherefore the Petitioners most humbly pray (amongst other things) His Ma- jesty's most Gracious Interposition and Commands, for the Preser- vation of the Peace on the Borders of the said Province ; And Whereas, the Lords of the Committee of Council, to whom His Majesty referred the Consideration of the said Petitions, have made their Report thereupon to his Majesty at this Board, His Majesty this day took the said Report into His Royal Consideration, and was pleased, with the Advice of His Privy Council, to Approve of what is therein proposed; and His Majesty doth hereby accordingly Order and Command, That the Governors of the respective Prov- inces of Maryland and Pensilvania, for the time being, Do not, upon Pain of incurring His Majesty's Highest Displeasure, permit or suffer any Tumults, Riots, or other Outrageous Disorders to be com- mitted on the Borders of their respective Provinces, But that they do immediately put a Stop thereto, and use their utmost endeavours to preserve Peace and good Order amongst all His Majesty's Sub- jects under their Government Inhabiting the said Borders. And as a means to preserve Peace & Tranquility on the said Borders, His Majesty doth hereby enjoyn the said Governors that they do not make Grants of any part of the Lands in contest between the Pro- prietors respectively, nor of any part of the three lower Counties, commonly called New Castle, Kent, and Sussex, nor permit any Person to settle there, or even to attempt to make a Settlement thereon, till His Majesty's Pleasure shall be further signified. And His Majesty is further pleased to Direct that this Order, together with Duplicates thereof, be delivered to the Proprietors of the said Provinces, who are hereby required to transmit the same forthwith to the Governors of the said respective Provinces accordingly.
"W. SHARPE."
Certified to be A true Copy by J. Ross, Cl. Cou.
Which is referred for further Consideration.
Upon reading at the Board a Petition of Rudolf Mohr, setting forth that at the town of Lancaster, in the County of Lancaster, in the Month of February, 1732, an accidental Quarrell having arisen
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between the Petitioner & one Richard Downar, wherin the said Downar was the Aggressor; the Petitioner struck the said Downar a Blow on the Face, who, in a few days thereafter, being seized with a malignant Fever, occasioned as'tis supposed by hard drinking and not by any hurt received from your Petitioner, died; that upon an Inquisition taken by the Coroner of the said County, upon the Body of the said Downar, the Petitioner was confined for three months in the Goal of the County aforesaid, till being removed by a Writ of Habeas Corpus, returnable before the Provincial Judges at Philadia, the Petitioner entred into a Recognizance, with sufficient Sureties, for his Appearance at the next Court of Oyer and Ter- miner & General Goal Delivery, to be held for the County of Lan- caster, but hath never since been called upon to appear, nor hath any such Court been held ; That the Petitioner hath been long invited by his friends to return to Germany, his Native Country, but is prevented by reason of the Premisses; and the Petitioner's Sureties, to hinder his going, and lest their Recognizances should be estreated, have lately delivered up the Petitioner to the Sherif of the County of Philadelphia, under whose Custody in Prison the Petitioner is now detained, and having nothing to subsist on, must inevitably perish; and therefore praying that his unhappy Circumstances may be taken into Consideration, & such Relief granted him as to the Clemency & Wisdom of this Board should seem proper; And a Copy of the Coroner's Inquisition, together with sundry Affidavits being produced & read, whereby it sufficiently appears that the Blow given by the Petitioner was not of premeditated or before- thought Malice, It is Ordered that a Pardon be prepared for the Petitioner, that he may be at Liberty to prosecute his Design of returning into his Native Country.
At a Council held at Philadia., December 1st, 1737.
PRESENT :
The Honble JAMES LOGAN, Esqr., President.
Samuel Preston, Ralph Assheton,
Clement Plumsted, Thomas Griffitts, Esqrs.
Thomas Laurence,
The Board resuming the Consideration of Governor Ogle's Letter, the same was again read, and the President laid before them two petitions, which he said were delivered to him on Monday last by the Maryland Express, & observed that they were addressed not to him & the Council, on whom jointly, tis well known in Maryland, the Administration of this Province is devolved, but to himself alone, wherein probably there may be some Design, & that it ought to be remarked The said Petitions, one of Thomas Cressap the other of Miles Foy, Michael Reisner, & Jacob Matthias Minsher,
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setting forth the Circumstances of their Case as they have thought fitt to represent them, & praying to be enlarged from their Con- finement in Philadelphia Goal, were then read; The Subject matter of which Petitions being debated, and Governor Ogle's Letter being spoke to, the Secretary is directed to prepare a Draught of an Answer to the said Letter to be laid before the Board this evening.
EODEM DIE, P. M.
PRESENT :
The Honble James Logan, Esq., President, & the same Members as in the morning.
A Draught of an Answer to Governor Ogle's Letter was laid before the Board by the Secretary, according to Order, and the same being read was debated, and is referred to be further considered to-morrow morning.
At a Council held at Philadia., December 2d, 1737. PRESENT :
The Honble JAMES LOGAN, Esqr., President.
Samuel Preston, Ralph Assheton, 1
Clement Plumsted,
Thomas Griffitts, Esqrs.
Thomas Laurence,
The Consideration of the Answer to Governor Ogle being resumed, some small Alterations were made in the Draught, which was then unanimously approved; and It is Ordered that the President, in behalf of this Board, sign a fair transcribed Copy thereof, to be delivered to the Maryland Express. And on the Subject of the Petitions by him presented to the President, the Board are of Opinion that at present it may be sufficient for the President to acquaint the said Messenger That the Petitioners, being under a legal Prosecution, ought regularly to have applied to the Judges, or if directed to make their Application to the Government they should have addressed their Petitions to the President & Council, in whom the Administration is lodged, & not in the President alone; yet, notwithstanding this, He hath laid them before the Board, who have them under Consideration, & when Governor Ogle is pleased to return an Answer to the Letter now sent him, the Petitioners shall have the Resolution of the Board upon the Petitions. Which Letter follows in these Words :
" Sir-
"Our President hath laid before us your Letter of the 22d of VOL. IV .- 17.
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November, addressed to himself only, tho' you cannot be unsensible the Administration is not in his hands singly but jointly with this Board, together with a Copy of his Majesty's Order in Council of the 18th of August, to which, not doubting its being genuine, tho' we have not yet received the same on our part from England, we give due Credit, & notwithstanding it appears to have been obtained Ex parte, yet as it contains a full Declaration of His Majesty's Pleasure, that an effectual Stop be putt to those Disorders that have furnished out the chief matter for our Complaints in our Correspon- dence with you, and that Tranquility may be restored to his Subjects in both Governments, we receive with a very sensible Satisfaction His Royal Commands herein, of which our Letters & Messages to you have always expressed the strongest Desires on our part. We have therefore not only made no objection to the printing of your Proclamation, which you chose to have done in this City, but in Return to your Assurances most readily give you ours, that we shall chearfully pay all due Obedience to his Majesty's Will, & shall not be wanting in our best Endeavours to answer the Royal Intention of giving Peace to both Provinces. But as His Majesty's Order has not given any Directions touching those whose Prosecutions in both Governments will most probably be considered by our Superiors as taking their Rise from the Contraversy which the disputed Claims may have occasioned, & this being a Point so necessary for the full Re-Establishment of a good Understanding & Harmony between the two Provinces, we cannot be perswade ourselves that it must have employed your Thoughts, and since a Step of this Nature appears to be agreeable to the Intention of the Royal Order, we must desire your Sentiments herein.
"On the Notice you have taken in your Letter now before us 'of Lowe & his fellow Prisoners being brought out of Lancaster Goal by your People, without your having given Encouragement to any thing of the Nature,' we cannot but observe that you must be mis- taken in supposing any of ours were concerned in it; but as we have wrote fully, on the Subject in our Letters to you of the 12th ulto., we may expect in your next to hear further of that Affair, and are, " Sir,
" Your Friends, & humble Servants,
"Signed by Order and in behalf of the Council, " JAMES LOGAN, President.
" Philadelphia, December 2d, 1737."
Addressed,
" For His Majesty's Service.
"To the Honble Samuel Ogle, Esqr., Lieut. Governor of Maryland."
Upon the Motion of the President, Thomas Fletcher, of the
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PROVINCIAL COUNCIL.
County of Philadelphia, and John Evans, of the County of Chester, Esquires, are assigned Justices of the Peace, and of the Court of Common Pleas, within their said respective Counties, and Commis- sions are ordered to be prepared and issue to them accordingly.
At a Council held at Philadia., December 12th, 1737. 1
PRESENT :
The Honble JAMES LOGAN, Esqr., President, Samuel Preston,
Thomas Laurence,
Ralph Assheton,
Samuel Hasell, Thomas Griffitts, Esqrs.
Upon Application made to the President, & by him this day communicated to the Board, for a Brief to Joseph Evans, an In- habitant of Lancaster County, whose House, a good substantial Building of two stories high, on the western side of the River Sas- quehanna, within that County, was, by an accidental fire that broke out in the night time, between the 21st & 22d of last month, en- tirely consumed, himself, his Wife, & two small Children narrowly escaping the flames, having lost all their Apparel, Household Goods, Corn, & other Winter Provisions, as appears by a Certificate under the hands of three of the Justices of the Peace for the said County now read ; And it being also represented that the said Evans had been a considerable Sufferer within this year past by the Violence of the Maryland Garrison, by whom he had been taken Prisoner & carried to Annapolis, It is Ordered, that he be allowed to ask & re- ceive the charitable Contributions of well disposed Persons within the several Counties of this Province for the space of three Months, and the President is desired to sign a Brief for this Purpose.
Whereas, by an Order of this Board of the 3d of September last, the Execution of a certain Sentence, passed against Sampson, a Ne- groe Man, now in the Goal of Philadelphia, stood respited to the 3d instant, The Board were this day pleased to order the same to be further respited to the first day of June ensuing, with Leave to the Master of the said Negroe, within that time to transport him beyond Seas to any Colony, Dominion, or State not subject to or depending on the Crown of Great Britain, so as that he do not re- turn into this Province; for the due Performance whereof the Mas- ter of the said Negroe shall give Security : & It is Ordered, that Directions, under the hand of the President, be issued to the Sherif of the City & County of Philadelphia accordingly.
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At a Council held at Philadia., December 26th, 1737.
PRESENT :
The Honble JAMES LOGAN, Esqr., President.
Clement Plumsted, Samuel Hasell, r Ralph Assheton, Thomas Griffitts,
Esqrs.
The President laid before the Board a Letter from Governor Ogle, which was read in these Words :
" Annapolis, 19th Decem™- 1737.
" Gentlemen :
"I have received your Letter of the 2d Instant, in Answer to mine of the last Month, sent with a Copy of His Majesty's Order in Council of the 18th of last August, and cannot but be somewhat surprized to hear that you had not received the same Order from England before, several Letters having come to this Place by the way of Philadelphia of a much later Date than that wherein the said Order was inclosed to me; but this, however, is the less mate- rial, since you express yourselves satisfied with the Copy of that sent from hence.
" As I dare not presume but His Majesty made that Order in the most impartial Manner, and as I make no doubt of the Care and Vigilance of the Government of Pennsylvania and its Agents in England, to offer whatever they thought of Moment in Opposition to that Order, I cannot suggest to my self any foundation for your Opinion of its having been obtained ex parte, unless you are con- scious that the Royal, Commands in that Order appear agreeable to the Proposals I made to Mess's, Hamilton & Georges, and often since repeated to your Government, which as often rejected or evaded them.
" I am not less Sorry than surprized to perceive you think His Majesty's Order so imperfect as to want my Sentiments thereon. My awful Obedience to whatever appears to be His Royal Pleasure has not permitted me to suppose any Omission or Obscurity in that Order which might possibly obstruct the Royal Purposes of Peace and good Neighbourhood amongst His Majesty's Subjects in our respective Governments, & therefore immediately upon the Receipt of it I issued that Proclamation, which (you say) you made no Ob- jection to the printing of in your City; And I flatter myself that Signification of His Majesty's Will and Pleasure to the Inhabitants of this Province, with my Resolution of exacting the most punc- tual Obedience thereto, will readily meet with a cheerful Compli- ance in the Preservation of that Peace which I am convinced has always been no less agreeable to the Wishes of His Majesty's Sub- jects in this Government than of my self. And by this Step I hope I have shewn my self not in the least backward, but, on the con- trary, dutifully forward & earnest in doing what I thought neces-
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sary in Obedience to His Majesty's Pleasure. And at present I have only to wish you would be pleased to impart to me what pub- lick Demonstrations of Obedience your Government has made on the same Occasion and for the like purposes, especially since I have not as yet heard the least Tendency on your part to do as much as I have done in that matter; but, on the contrary, by a Critical Scaning and Interpretation of His Majesty's Order, you seem to think some Preliminaries necessary to be known with Respect to . the Prosecutions mentioned in your Letter, before you make any Advance of re-establishing Peace, pursuant to His Majesty's Direc- tions.
" As this Matter of the Prosecutions is first started and taken Notice of by you, it might be reasonably expected you would have men- tioned some expedient for the clearing of a Doubt, which you have thought fit to entertain, and which never entered into my thoughts ; but however as I always have been, so I shall continue to be, be- forehand with you in whatever may conduce to our Peace and Tran- quility, and therefore I readily communicate my present thoughts to you on that Point.
" As His Majesty's Commands are expressly against our making any new Grants of any Part of the Lands in Contest or Settlements thereon, they necessarily imply that we are as little left at Liberty to judge for ourselves in relation to the Propriety of those Lands on which settlements are already made, which will of course be left subject to the respective Governments under which the present or late Possessors, which have been disturbed, seated and settled them- selves, and consequently all Disputes about the Extension of our Jurisdiction over those Settlements will cease, and the Possessors of them will be freed from all Vexation on that Account.
" There are others who have not been disturbed on Account of the Propriety of the Lands on which their Habitations are seated, but who have been guilty of Riots and Disturbances within the known Settlements of our respective Governments, the most crimi- nal whom, without all Dispute, are those who burnt Cressap's House and committed the Murder there; but if no more are taken up on Account of these past Riots, and the Prosecutions already begun are left in Statu quo, and all Prisoners let out on Bail till His Ma- jesty's Pleasure be further known, all Disturbances must of course cease, and perfect Tranquillity be restored on our Borders according to His Majesty's most gracious Intention.
As this is the Chief thing that lies before us at present, I beg We may not be diverted from the Point, by the Consideration of anything else of an inferiour Nature. The taking the Prisoners out of Lancaster Goal was certainly a very wrong Proceeding, and as I mentioned before, it is very probable that some of the Inhabi- tants of Lancaster County may, upon a strict Enquiry, be found to have had a hand in it; but whether they had or not the Action was
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without the least Countenance from this Government, and I am sorry to see you enlarge upon it with a Number of Circumstances which are, by all the Inquiry I have been able to make, absolutely without the least foundation, which looks as if your Disposition lay still towards wrangling with us rather than healing our unhappy Differences ; if we do but sincerely pay all due Obedience to His Majesty's Commands, and show the People that the two Govern- ments act in a friendly manner, all Violences amongst themselves on both sides will soon cease, and full Peace and Tranquillity be re- stored, which I beg leave to assure you shall be the sincere En- deavour of,
" Gentlemen,
"Your most Obedient humble servant, "SAM. OGLE.
Addressed,
"To the honourable James Logan, Esqr-, President, and the Coun- cil of the Province of Pensilvania."
Which being debated was referred for further Consideration in a fuller Council.
At a Council held at Philadia., January 2d, 1737-8. ·
PRESENT :
The Honble JAMES LOGAN, Esqr., President.
Samuel Preston, Ralph Assheton,
Thomas Laurence, Thomas Griffitts, Esqrs.
The Minutes of the Six preceeding Councils being read and ap- proved,
The President laid before the Board a Copy of His Majesty's Order in Council of the 18th August last, under the Seal of the Privy Council and signed by one of the Clerks, which was received by the last northern Post, and the same being this day read, It is Ordered that a Proclamation enforcing Obedience to the said Royal Order be drawn up, to be laid before the Board to-morrow morn- ing.
N. B .- His Majesty's Order in Council being compared with ye Copy thereof transmitted from Maryland, entred in the Minute of November the twenty-sixth, is found to agree.
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PROVINCIAL COUNCIL.
At a Council held at Philadia., January 3d, 1737-8. PRESENT :
The Honble JAMES LOGAN, Esqr., President.
Samuel Preston, Ralph Assheton,
Thomas Laurence, Thomas Griffitts, Esquires.
The Secretary laid before the Board a Draught of the Proclama- tion ordered by the preceeding Council, and the same being read was approved, and It is Ordered that it be forthwith engrossed, sealed, and published, & that Copies thereof be sent into the respective Counties of this Government. Which Proclamation is in these Words :
" By the Honourable the President and Council of the Province of Pennsylvania.
"A PROCLAMATION.
"Whereas, We have this Day received an Order of His Majesty in Council, bearing date the eighteenth Day of August last, in these Words: 'Whereas two Petitions, &ca., (here the Order was com- pleatly recited). We have therefore thought fitt to publish the said Royal Order to the End that all His Majesty's Subjects within this Government may have Notice thereof, and pay all due Obedience to His Majesty's Royal Will and Pleasure signified therein, Hereby strictly enjoyning and requiring all and every the Magistrates, Sherifs, and other Officers, and all other Persons whatsoever in the said Government, not only to use their utmost Endeavours for pro- venting and surpressing all Tumults, Riots, or other outrageous Disorders on the Borders, aforesaid, but to be vigilant & carefull in causing all the other Commands and Directions of the said Royal Order to be punctually observed and complied with, as far as in them lies; And all and every the Sherifs of this Government are hereby required and commanded to publish this Proclamation at the Court House of their respective Counties, and to cause Copies thereof to be affixed at the most Publick Places of the said counties, that none may pretend Ignorance of the same.
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