USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IV > Part 31
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" Your true friends and Brethren,
" In behalf of the Proprietor and the Council, "JAMES LOGAN.
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PROVINCIAL COUNCIL.
At a Council held at Philadia., March 22d, 1737-8. PRESENT :
The Honble JAMES LOGAN, Esqr., President. 1
Samuel Preston,
Samuel Hasell,
Clement Plumsted,
Thomas Griffitts, Esqrs. -
Thomas Laurence,
The Minute of Council of the 27th of February being read and approved,
On resuming the Consideration of the Petitions for and against the Road confirmed in Council the 24th of March last, the Board this day made the following Order :
Whereas, upon a return made to this Board of a certain high Road laid out from the Plantation of John Harris on Sasque- hanna, thro' the Counties of Lancaster and Chester, till the same falls in with the high Road in Whiteland township, at or near the Plantation of Edward Kennison in the last-named County, the Road aforesaid was, by an Order of Council of the 24th day of March last, approved and confirmed : And Whereas, two Petitions were pre- sented and read at this board the 27th ultº., the one of divers Inhabi- tants of the townships of Calne, Whiteland, and Uchland, in the County of Chester aforesaid, setting forth the great Inconveniency of that part of the said Road which passes thro' the said townships, and that there is a very considerable Variation between the Courses thereof as returned to this Board and the Line of marked Trees, for which Reason the Justices of the said County had delayed issu- ing Orders to the Overseers of the Highways for opening and clearing the same, and therefore praying a Review thereof within the said County, The other being a Petition of divers Inhabitants of the county of Lancaster, setting forth the general Conveniency of the said confirmed Road, and that the Difference, if any, be- tween the Courses in the Return & the Line of marked Trees is inconsiderable, and therefore praying that no Alteration may be made in the Road aforesaid; The Consideration of which Petitions being this day resumed, the parties, pursuant to Notice given them, now attending were fully heard, and it evidently appearing to the Board that a very wide and manifest Mistake had been made in the Return aforesaid, It is Ordered that Caleb Pierce, Samuel Levis, Aaron James, Moses Key, Thomas Gilpin, and Samuel Bunting, of the County of Chester, do review the said Road from the Place where it crosses the Line of the Counties of Lancaster and Chester, and where they find the same to be already commodiously laid out ; that they take the Courses and Distances thereof exactly, but in such Places of it where it may be rendred more generally conve- nient, they make such Alterations, according to the best of their Judgment, as may truly answer the Intention of accommodating
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both Country and Travellers ; and that they the said Six Persons, or any four of them agreeing herein, do make Return thereof by Course and Distance with a Draught to this Board, on or before the first day of May next ensuing.
At a Council held at Philadia., April 25th, 1738. PRESENT :
The Honble JAMES LOGAN, Esqr., President.
Samuel Preston,
Ralph Assheton,
Clement Plumsted,
Thomas Lawrence,
Samuel Hasell, Esqrs.
Whereas the Board have this day received Information that upon an application lately made to one of the Justices of His Majesty's Peace for the County of Philadelphia proper, Warrants were by him issued directed to several Constables for removing sundry Racks & other Obstructions erected and laid in the River Skuylkill to the Hindrance of the Navigation thereof, and contrary to an Act of General Assembly of this Province in that Case made and provided ;. That the said Constables having called a convenient Number of Per- sons to their assistance, were proceeding in the legal Execution of the Warrants aforesaid on the 20th day of this instant April, when they were violently sett upon & assaulted by a great Number of Men riotously and tumultuously assembled armed with Clubs, Staves, and other Weapons, who knocked down one of the said Constables and bruised & wounded several of their assistants, whereby the said Officers were obstructed in the lawful Discharge of their Duty. To the end, therefore, that those Rioters may be speedily brought to condign Punishment, the Board doth hereby recommend to the Jus- tices of His Majesty's Peace within the Counties of Philadelphia & Chester respectively, that they issue their Warrants for appre- hending all such Persons against whom Proof shall be made on Oath or Affirmation of their having been concerned in the said Riot and Outrage, in Order to be proceeded against according to Law ; and that they, the said Justices, exert the Powers wherewith they are invested for the Preservation of His Majesty's. Peace and the good Order of Govornment in those parts where the late Tumult arose, or others may be likely to arise. And the Sherifs of the said Counties of Philadelphia & Chester respectively are hereby enjoyned & required, with a sufficient Assistance if need be, to cause the said Warrants to be duly executed.
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PROVINCIAL COUNCIL.
At a Council held at Stenton, May 15th, 1738.
PRESENT.
The Honble JAMES LOGAN, Esqr., President.
Samuel Preston,
Ralph Assheton,
Anthony Palmer,
Samuel Hasell,
Clement Plumsted,
Thomas Griffitts,
Esqrs.
The Minute of the 14th of March and of the preceeding Council were read and approved.
Whereas, by an Order of this Board the 22d of March last, Caleb Peirce, Samuel Levis, Aaron James, Moses Key, Thomas Gilpin, & Samuel Bunting were appointed to review that part, lying within the County of Chester, of a certain high Road, laid out from the Plantation of John Harris, on Sasquehannah, thro' the Coun- ties of Lancaster & Chester, till the same falls in with the High Road in Whiteland township, at or near the Plantation of Edward Kennison, in the last named County, to make such alterations therein as might best Answer the Intention of accomodating both Country & Travellers, & that they or any four of them agreeing, should make Return thereof by Course & Distance with a Draught to this Board. Which Return, under the hands of the above-named six, persons, was this day presented and read in these Words :
"In Pursuance of an Order of a Council held at Philadelphia, March 22d, in the year 1737-8, which said Order is hereto annexed, We whose names are hereto subscribed have reviewed that part of a certain high Road in the said Order mentioned, that lies within the County of Chester, passing thro' the Townships of Nantmel, Caln, Vwchland, and Whiteland, and for the better accommodating both Country. & Travellers, We have made some small Alterations in some parts thereof from the manner in which the same was for- merly laid out. The Courses and Distances as we have laid out the same are as follow : Beginning at a marked black Oak in or near the Line dividing the Counties of Lancaster & Chester, where the said Road was formerly laid out, and proceeding thence within the last-mentioned County, thro' the Townships aforesaid, by lines of marked trees first, South seventy-seven Degrees East forty-five perches to a black Oak, thence South sixty Degrees East one hundred & forty pches to a white Oak, South sixty-six Degrees East fifty-two pches to Edward Nicholas' fence, South eighty-three Degrees East forty-six pches to a spanish Oak, South sixty-five Degrees and a-half East one hundred forty-two pches to a small Chesnut treet, South forty-four Degrees East thirty-five pches to a Gum tree, South thirty-seven Degrees East eighty eight pches to. a Hickery, South fifty-one Degrees East eighty-eight pches to a small Hickery, South twenty-four Degrees East one hundred fifty-seven pches to a small black Oak, South forty-one Degrees & a-half East
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twenty-two pches to a Chesnut tree, South fifty-nine Degrees East two hundred & seven pches to a black Oak, South fifty-four De- grees East one hundred & ten pches to a Poplar tree, South seventy- eight Degrees East seventy pches to a Gum tree, South eighty-six Degrees East seventy pches to a Hickery, East one hundred thirty- four pches to a black Oak near a branch of Brandywine, South eighty degrees East sixty-six pches, South sixty-six Degrees East fifty-two pches to a small Hickory, South eighty-six Degrees East thirty pches to a small black Oak, South sixty-five Degrees East eighty pches to a black Oak, South eighty-six Degrees & a-half East seventy-two pches to a Hickory, South seventy-one Degrees and a- half East three hundred seventy-two pches to a Chesnut tree, South forty-four Degrees East seventy-four pches to a Poplar tree, South fifty Degrees East ninety-two pches to a Chesnut tree, South fifty- two Degrees East three hundred & fourteen pches to a Chesnut tree near the Presbyterians Meeting house, South seventy Degrees East seventy pches to a Chesnut tree, North eighty Degrees East two hundred' forty-two pches to a black Oak, South eighty-five Degrees East ninety-two pches to a small Chesnut tree, South sixty-one De- grees East thirty-eight pches to a black Oak by Hans' Spring, North seventy-four Degrees East twenty-six pches to a Chesnut tree, North sixty-nine Degrees East one hundred & fifty pches to a Hickery tree, South eighty Degrees East one hundred & two pches to a Chesnut tree, South eighty-eight Degrees East one hundred thirty- four pches to a small Hickery, South seventy-five Degrees East one hundred & thirty pches to a black Oak, South sixty-three Degrees East twenty-four pches to a black Oak, South seventy-five Degrees East fifty-two pches to a Hickery, South forty-three Degrees East thirty-one pches to a small Hickery, South three Degrees East forty-five pches to a Hickery, South fifty-three Degrees East thirty- three pches to a white Oak, North sixty two Degrees East fifty-six pches, crossing a branch of Brandywine, to a white Oak, East one hundred fifty-two pches to a Chesnut tree, South eighty-four De- grees East one hundred forty-two pches to a white Oak, South forty-two Degrees East sixty-eight pches, crossing a branch of Brandywine, to a black Oak, South seventy-eight Degrees East thirty-two pches to a white Oak, North eighty-five Degrees East thirty pches to a Hickery, North seventy-seven Degrees East one hundred & six pches to a small Hickery, South eighty Degrees East two hundred & forty-two pches to a Hickery, South fifty-two Degrees East one hundred & one pches, South eighty-five Degrees East thirty-four pches, passing by Charles Gatcliff's house, to a Chesnut, South forty-six Degrees East twenty-eight pches, crossing a branch of Brandywine, to a W. Oak, South fifty-nine Degrees East eighty pches to a black Oak, South sixty-three Degrees East ninety-four pches to a small black Oak, South eighty-seven Degrees East thirty- six pches to a white Oak, North eighty-one Degrees East seventeen pches to a white Oak, by Sam1. John's spring, South eighty-eight
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PROVINCIAL COUNCIL.
Degrees & a-half East one hundred eighty-four pches to a Peach tree, South eighty-seven Degrees East one hundred & eight pches, passing near Vwchland meeting house, to a black Oak in an old beaten Road, thence along the same North eighty-one Degrees East forty-two pches to a black Oak, and North seventy-eight Degrees East sixty pches, and North seventy-seven Degrees East fifty-two pches to a Chesnut tree, and South eighty-seven Degrees East ninety-six pches, thence leaving the said Road, & running South-East fifty-two pches to a fence of Cadwalader John's field, South thirty- six East one hundred & thirty pches, part thereof along the afore- said old Road, to a white Oak, South sixty-three Degrees East ninety-two pches to a black Oak, South forty Degrees East thirty pches, South twenty-eight Degrees East sixty-five pches to a white Oak, South seventy-five Degrees East fifty-two pches to a small Hickery, South seventy-seven Degrees East one hundred & fifty pches to a small white Oak, South seventy-four Degrees East two hundred & six pches to a white Oak, South sixty-one Degrees East thirty pches to a high Road leading from the Town of Lancaster to Philadelphia, thence along the same the several Courses & Dis- tances following, South eighty-three Degrees East thirty-one pches, South eighty-five Degrees East fifty-six pches, North eighty-eight Degrees East one hundred forty-eight pches, South eighty-eight Degrees East eighty-seven pches, South eighty-four Degrees East sixty-one pches, near to James Trego's house, North seventy-five Degrees East forty-three pches to a run of Water, North eighty-two Degrees East twenty-nine pches, South seventy-eight Degrees East fifty-four pches, South seventy Degrees East ninety-one pches, North eighty-four Degrees East thirty-five pches to a run of Water near the dwelling house late of Edward Kinnison, decd., in the township of Whiteland aforesaid (in all twenty-one Miles & one hundred ninety-five pches). In Testimony whereof we have here- hereunto set our hands this twenty-ninth day of the second Month, in the year 1738.
" Caleb Peirce,
" Samuel Levis,
" Aaron James,
" Moses Key,
" Thomas Gilpin,
" Samuel Bunting."
The Board, on due Consideration had of the said Return, and of the Draught accompanying it, do approve, establish, & confirm the Road aforesaid as now laid out and reviewed, agreeable to which Return the Confirmation formerly made by an Order of Council of the twenty-fourth day of March, 1736-7, is directed to be amended, and the said Road is hereby declared to be the King's Highway or Publick Road, and It is Recommended to the Justices of the Peace for the County of Chester, that they, at their next ensuing Quarter Sessions, issue Directions to the Overseers of the High- ways for causing the said Road to be opened & cleared, so that it may be rendred commodious for the Publick Service.
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At a Council held at Philadelphia, June 1st, 1738.
PRESENT :
The Honourable JAMES LOGAN, Esqr., President.
Samuel Preston,
Ralph Assheton,
Anthony Palmer,
Samuel Hasell,
Clement Plumsted,
Thomas Griffitts,
Esqrs.
Thomas Laurence,
The Honourable George Thomas, Esquire, arriving this morning with a Commission to be Lieutenant Governor of this Province and Counties of Newcastle, Kent, and Sussex, on Delaware, two Mem- bers of the Board were sent to wait on Him, and to introduce Him, who, coming into Council, laid before them the Commission from the Honble The Propreitaries, constituting Him their Lieutenant within the said Province and Counties; His Majestie's Order in Council of the 15th of February last, declaring His Royal Approba- tion of the said Appointment, His Majestie's Order in Council of the same date to the Governor-in-Chief of His Majestie's Leeward Charibee Islands, or the Lieutenant Governor of any of the said Islands, to administer the Oaths required by Law to be taken by the said George Thomas, Esqr-, upon this Occasion with the Oath of Office, and to take security for his Observance of the several Acts of Trade and Navigation, and obeying the Instructions relating thereto, And a Certificate under the hand of the Lieutenant Gover- nor of Antigua that he had administer'd those Oaths and taken the Security requir'd ; all which were now read at the Board. Where- upon the Keeper of the Great Seal was directed to Affix the same to the Commission aforesaid, in order to its publication pursuant to a Warrant for that Purpose under the Hands and Seals of the Pro- prietaries.
The Commission being returned Sealed, was forthwith published at the Court House, & the same, together with the Other Papers Accompanying it, are ordered to be entered on Record.
At a Council held the same Day.
PRESENT :
The Honourable THOMAS PENN, Esqr., Proprietary.
The Honourable GEORGE THOMAS, Esqr., Lieutenant Gov- ernor.
James Logan,
Anthony Palmer,
Clement Plumsted,
Thomas Laurence.
Ralph Assheton, Samuel Hasell, Thomas Griffitts, Esquires.
It is Ordered that a Proclamation in the usual manner for con-
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PROVINCIAL COUNCIL.
tinuing all the present Officers in the Exercise of their respective Offices within this Province till further Consideration should be thereof had, be prepared by the Secretary, to be signed by the Governor, and published at the Courthouse of this City, and that Copies thereof be sent into each of the Counties of this Province, with directions to the several Sherif's for publishing the same in their respective Counties.
At a Council held at Philadia., August 1st, 1738. PRESENT :
The Honble GEORGE THOMAS, Esqr., Lieutenant Governour.
Samuel Preston, Anthony Palmer,
Ralph Assheton,
Samuel Hasell, Esqrs.
Thomas Laurence.
Thomas Griffitts,
The Minutes of the 1st of June being read and approved, The Governor laid before the Board a Deposition of one Daniel Cheston, Master of the Sloop William, of Philadelphia, lately arrived in this Port from Bonavista, one of the Southern or Cape de Verd Islands, Setting forth sundry Impositions and Abuses he had suffered from the Governour and Inhabitants of that Island; And that he had made Reprisals on the said Governour by bringing away two of the said Governour's Negroes. With the said Deposition was laid likewise before the Board the Opinion of Mr. Kinsey, the Attor- ney General, which being read, and the Governour desiring the Sentiments of the Board on this Affair, They were unanimously of Opinion that the said Cheston's behaviour was highly criminal, and a Breach of the Amity Subsisting between the King of Great Britain and the King of Portugal; And that the said Cheston ought to be obliged to enter into Security in the Penal Sum of Two Hun- dred pounds Sterling, conditioned for the returning of the said Ne- groes, and for his answering to such Suit or Prosecution as within twelve Months shall be commenced against him in any of his Majestie's Courts for the Premises. And that if the said Cheston shall refuse so to, that the Governour do issue his Warrant for committing him to Custody till he shall give such Security, and the Negroes be seized for the use of the Owner, and be returned by the first convenient Opportunity.
The Governour likewise informed the Board That He had ap- pointed Mr. Thomas Lawrie Secretary and Clerk of the Council of the Province of Pennsylvania, and the three Counties of Newcastle, Kent, and Sussex, upon Delaware, and then adjourned till further Summons.
VOL. IV .- 19.
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At a Council held at Philadelphia, August 5th, 1738.
PRESENT :
The Honourable GEORGE THOMAS, Esq., Lieutenant Gov- ernour.
Clement Plumsted,
Samuel Hasell,
Thomas Laurence,
Thomas Griffitts, Esqrs.
Ralph Assheton,
The Minutes of the 1st of August being read and approved, The Assembly being to meet on Monday next, the Governour laid before the Board what he intended to say to them on that Occasion, which was approved of.
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At a Council held at Philadelphia, August 8th, 1738. PRESENT :
The Honourable GEORGE THOMAS, Esqr., Lieutenant Gov- ernour.
Samuel Preston,
Anthony Palmer,
Ralph Assheton, Samuel Hasell,
Clement Plumsted,
Thomas Griffits, Esquires.
Thomas Laurence.
The Minutes of the 5th of August being read and approved, The Assembly having sent five of their Members last night to ac- quaint the Governour that they were met pursuant to their Adjourn- ment, the Governour desired their attendance at Eleven of the Clock this Day, and having accordingly attended, he spoke to them as follows :
" Gentlemen of the Assembly :
" It is now more than Twelve Months since I was appointed to the Governments of Pennsylvania, and the three Countys of New- castle, Kent, and Sussex, upon Delaware, and entertained a reason- able Expectation of soon taking upon me the Execution of that Charge, but notwithstanding no Objection was made Either to my Affection for His Majestie's Person and Government, or to my Character, I met with unexpected Delays from the Objections started by Lord Baltimore against your Honorable Proprietary's Right of appointing a Governour for the three Lower Countys, which, however ill-founded, subjected me to a tedious Attendance, And may have disappointed you of some necessary Laws. His Majesty, however, through his great Justice, has been pleased to disregard those Objections, and through his favour to Approve of my Appointment, as well to the Government of the three Lower Countys as to that of Pennsylvania ; And I can with great Truth
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assure You that I have it much at heart to approve myself in some degree worthy of that Favor by such a regard for his Majesty's Service and the Happiness of this Province, as will bear some, tho' but a faint resemblance, of that Justice, Care, and Affection which his Majesty has so constantly exercised towards his Subjects in General. And I doubt not from your known Attachment to his Majesty and his Royal House, of finding a ready concurrence in every thing that may promote what is so much for my Honour and your Interest.
" Although it may seem unnecessary from the long experience you have had of the Honourable Proprietary's great Affection for the Inhabitants of this Province, Yet I am Particularly enjoyned to Assure you that they earnestly desire to preserve Peace and Har- mony in it, and that they shall ever receive the most sensible Sat- isfaction in promoting what may tend to its Prosperity. And I do this the more chearfully as I am convinc'd of the Sincerity of their Professions.
"I should immediately on my arrival here have called you to- gether, but that I was informed your private affairs required your presence in the Country in that Season of the year. And now, from the little time I have been with you, I perswade myself that it will not be expected I should enter into a particular detail of what may be proper for you to do this Session; And as most of you have been, long conversant in the publick Business of the Pro- vince, it seems indeed at this time unnecessary.
" I have only, therefore, to entreat you, Gentlemen, to preserve the Character you have so well deserved of a peaceable and consci- entious People, by avoiding all strife and animosity, by stifling all party Disputes (if any such shall happen) in the beginning, and by maintaining that christian Liberty which has made this Province the Admiration of all its Neighbours. In me you shall always find a steady regard for your Civil and Religious Rights, as they are the only rational Foundations of Society, as well as a constant Inclination to comply with all your desires, so far as they shall be consistent with my Duty to his Majesty, the Rights of the Honor- able Proprietary, and my own Character; And whatsoever shall be inconsistent with these, I am confident you will never ask."
The Governour having laid before the Board a Letter from Daniel Cheston, Master of the Sloop William, who was committed to Goal for forcibly taking off from the Island Bonavista, Two Negroes be- longing to the Governour of said Island, and committing several other Acts of Violence there, representing that he could not find Security, and that his confinement must end in his ruin. The Gov- ernour proposed to this Board whether he should take his own Re- cognizance for answering to such Matters as shall be objected against him for the said Actions, within the Space of Twelve Months. Ordered that the Consideration of it be adjourned till the next Meeting.
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At a Council held at Philadelphia, August 10th, 1738.
PRESENT :
The Honourable GEORGE THOMAS, Esqr., Lieutenant Gov- ernour.
Samuel Preston, Samuel Hasell, Thomas Griffitts,
Clement Plumsted,
? Esqrs.
Ralph Assheton,
The Minutes of the' 8th of August being read and Approved, The Assembly by two of their Members having desired to know when the Governour would be attended by that House. The Governour appointed four of the Clock this afternoon, when the House attended accordingly, and by their Speaker delivered the following Address :
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" To the Honourable George Thomas, Esqr., Lieutenant Governour of the Province of Pennsylvania, and Counties of Newcastle, Kent, and Sussex, on Delaware,
" The Address of the General Assembly of the said Province,
" May it please the Governour :
"We, the Representatives of the Freemen of the Province of Pennsylvania, in General Assembly met, return the Governour Our hearty and sincere Thanks for the favourable Sentiments he is pleased to entertain of the People of this Province, And we do with the same sincerity Congratulate Him upon his safe Arrival with his Family in Pennsylvania.
" As the Disappointment which the People here met with by the unreasonable Delay in the Governour's receiving the King's Appro- bation, gave them a very sensible concern, so this accession to the Government of this Province, and the Counties of Neweastle, Kent, and Sussex, on Delaware, with the Royal Approbation, after all the vain and ill-grounded Objections made by the Lord Baltimore, to Thy Appointment for the said three Counties, is a great and real Satisfaction to us, And may, we hope, convince our unkind Neigh- bours that however successfull they may be in imposing on some among themselves with studied and groundless Reports, They will ever find it vain to depend upon Artifice or Misrepresentation, when the Controversie comes to be examined and determined by the wis- dom and Justice of that excellent Prince, Our Gracious Sovereign, whose constant Care and Concern for the Happiness of His Sub- jects in General, and this fresh Instance of his Justice and Good- ness to us in particular, in his Approbation of thy appointment to be our Lieutenant Governor, demands our utmost Gratitude.
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