USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IV > Part 32
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" Our happy Constitution, secured to us by the Wisdom and Good- ness of our first Proprietor and Founder of this Province, so hap- pily continued to us under the Government of his honourable de-
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scendants, our present Proprietors, and the Assurances we have from the Governour, of their earnest Desire to promote the Peace and Prosperity of the Province, Justly entitles them to our Affection, and zeal for their Honour and Interest.
" We are obliged to the Governour for his regard to our private affairs in the Country, in not calling this House together upon his Arrival here; And tho' it may be inconvenient for some of us to be absent from our Homes at this Season of the year, yet to so much of the publick Business as seems most proper to be done at this Time, we shall, with that Peace and Unanimity (so justly re- commended to us by the Governour) endeavour to give all necessary dispatch.
"We receive with great Satisfaction the Governour's Professions of Regard for our Civil and Religious rights, Blessing (we ac- knowledge), without the Enjoyment of which no Society can, with any Propriety, said to be happy.
"The deep sense we shall always retain of our own Duty, and the Kings goodness to us -- our Affection to the Proprietors, and the Desire we have of approving ourselves deserving of the Governour's kind inclinations to promote the Honour and Interest of this Pro- vince, we hope will always prevent our asking any thing of the Gov- ernour which may be inconsistent either with his Duty to our Sovereign, the Rights of our Honourable Proprietors, or His own Character.
" The Happiness of being under the Administration of a Gentle- man of the Governour's distinguish'd Abilities and well-known At- tachment to the principles of Liberty, cannot fail to secure Him the Affections of the People we represent, and an Honourable Support suitable to such a Character.
"The 10th of the 6th month, 1738."
At a Council held at Philadelphia, August 14th, 1738.
PRESENT :
The Honble GEORGE THOMAS, Esqr., Lieutenant Governour.
Samuel Preston,
Clement Plumsted,
Ralph Assheton, Samuel Hasell, Esqrs. 1
Thomas Laurence,
Thomas Griffitts,
The Minutes of the 10th August being read and approved, the Governour informed the Board that in reading the Minutes of Council he had observed that Andrew Hamilton and Thos. Graeme, Esqrs., were formerly appointed members of this Board, and that he cannot find, from the Strictest Examination of the said Minutes, that either of the said Two members have been ever duly suspended.
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He desires to know, therefore, what Objection they have to the said members being Summoned, to give reasons why they have not attended this Board ; the Consideration of which was deferred to a future Day.
A Bill sent up by the House of Representatives, Intitled An Act for laying an Excise on Wine, Rum, Brandy, and other Spirits, was read, and the Consideration of it deferred until next meeting.
The Petition of John Hyatt and Joseph Prichard, To the Hơn- ourable the Governour of the Province of Pennsylvania, in Coun- cil, setting forth that they had, by their Petition to the Assembly, Offered to give good Security to collect the Excise to be levied in the County of Philadelphia, and to pay in the money at the rate of five # Cent, which is two and an half p. C" less than the Assembly has agreed to allow to Joseph Wharton for the same Service, and praying that the Gov" will direct that their Petition may be re-heard and considered in the Assembly at their next meeting, was read and ordered to lie on the Table.
His Honour having laid before the Board a Letter he this Day received from Governour Ogle, by an Express, Dated the 8th of this instant, complaining that one Evan Shelby, whose residency, he asserts, is within the Province of Maryland, had been served with a Summons by the Sheriff, or some other Officer, of Lancaster County, and that Prosecutions are carrying on in the said County to affect the said Shelby's Lands, and desiring the Governour's in- terposition. The Governour was requested by this Board to make inquiry into the Facts, and to write Governour Ogle such a Letter as he should think proper in the mean time.
At a Council held at Philadelphia, August 18th, 1738. PRESENT :
The Honourable GEORGE THOMAS, Esq., Lieutenant Go- vernour.
Samuel Preston,
Ralph Assheton, Samuel Hasell, Esqrs.
Clement Plumsted,
Thomas Laurence,
Thomas Griffitts,
The minutes of the 14th of August being read and approved, The Bill Intitled an Act for laying an Excise on Wine, Rum, Brandy, and other Spirits, was read, Paragraph by Paragraph, and after several Observations made on it, was ordered to lie on the Table till the next meeting, for a further Consideration.
His Honour, the Governor, then read to the Board His answer to Governour Ogle's Letter, communicated to them at the last meeting.
After which he again desired to know, pursuant to the minute
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of the last meeting, whether they had any Objection to Summoning Andrew Hamilton and Thomas Graeme, Esqrs., to give their Rea- sons for not attending this Board, upon which it was asserted by Sam1. Preston, Esqr., that Andrew Hamilton acquainted the Board that his Attendance at this Board interfered with his Practice, and desired to be excused from Attending; And by Clement Plumsted, Esqr., that his not attending was Voluntary, the being called fre- quently to attend the Council interfering with his other affairs ; some Objections were likewise made to the Governour's summoning Thomas Graeme, on the account of his former appointment, tho' none to his Character, or to his being appointed de Novo, but those not proving satisfactory to the Governour, as he found he had been regularly appointed, had qualified, had Sat several times at the Board, and had never been excepted against by the Honourable Proprietors, but on the contrary was included under their general instructions to the late Governour Gordon, concerning Councillours, and was never regularly suspended agreeable to those Instructions. He declared his resolution of calling him thither, unless any of the Members could shew sufficient cause to the contrary, at the next meeting; And that he would give his further reasons in writing for so doing, if desired, to be enter'd on the Council Books, and that they might do the same, if they thought fit, in Support of their Objections.
At a Council held at Philadelphia, August 22d, 1738.
PRESENT :
The Honourable GEORGE THOMAS, Esqr., Lieutenant Gover- nour.
Samuel Preston,
Ralph Assheton,
Clement Plumsted,
Samuel Hasell, Esqrs.
Thomas Laurence, Thomas Griffitts,
The Minutes of the 18th of August being read were approved, as what passed between the Governour and Council that Day,-
The Bill Intitled an Act for laying an Excise on Wine, Rum, Brandy, and other Spirits, being again laid before the Board, and no Objections made, it was returned to the Assembly without any Amendments.
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At a Council held at Philadelphia, August 25th, 1738.
PRESENT :
The Honourable GEORGE THOMAS, Esqr., Lieutenant Gov- ernour.
Samuel Preston,
Ralph Assheton,
Clement Plumsted,
Thomas Griffitts, Esqrs.
Thomas Laurence,
The Minutes of the 22nd of August being read and approved, A Bill Intitled an Act to remove the Trustees of the General Loan Office of Pennsylvania, and appointing others to execute the said Trust, being Sent to the Governour by the Assembly, was laid before the Board and read.
Ordered, that the said Bill be again read Paragraph by Paragraph, which being done, and the Bill not objected to, it was, contrary to the usual Practice, agreed to be returned to the Assembly the same Day, since it was very plain and contained no material Variation from Bills of the same kind heretofore passed.
His Honour the Governour having laid before the Board a Letter from Daniel Cheston, Mat of the Sloop William, who was committed some time ago for forcibly taking off two Negroes from the Island of. Bonavista, and exercising other Acts of Violence there, repre- senting that he could not get Bail, and that he must perish in Goal unless his Honour would take his own Recognizance for appearing to answer to such matters as should be Objected against him in Twelve Months on behalf of his Majesty. It was agreed that the Governour in Consideration of the two Negroes being already re- turned, and the Hardships the said Cheston must suffer in the ensuing Winter, do take his own Recognizance for his Appearing as before mentioned.
The Governour sent the following Message to the Assembly by his Secretary :
His Honour the Governour in Council to the Gentlemen of the Assembly :
Gentlemen :- At the Desire of the Council, I herewith send you two Accounts, amounting to Thirty-Seven pounds two Shillings and three Pence, for the Entertainment of Sheick Sedi, a Christian Nobleman from Syria, who came to this City in October last, and produced Credentials and a Recommendation from His Majesty's Principal Ministers of State. As the Assembly was not sitting at that time, the President and Council could not consult them; but from the many private instances of Humanity and Generosity, which, I have been informed, were excercised here towards that unfortunate Nobleman, I have no room to doubt of your ordering these Bills to be paid.
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PROVINCIAL COUNCIL.
EODEM DIE-POST MERIDIEM. PRESENT :
The Honourable GEORGE THOMAS, Esqr., Lieutenant Gov- ernour.
Ralph Assheton, Samuel Hasell,
Thomas Griffitts, 1 Esqrs.
The House of Representatives waited on the Governour, and the Speaker presented the following Bills to be passed into Laws, which were accordingly by the Governour passed into Laws of this Province, and Warrants were issued for affixing the Great Seal thereto, Viz":
AN ACT to remove the Trustees of the General Loan Office of Pennsylvania, and Appointing others to execute the said Trust.
AN ACT for laying an Excise on Wine, Rum, Brandy, and other Spirits.
,
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At a Council held at Philadelphia, August 29th, 1738.
PRESENT :
The Honourable GEORGE THOMAS, Esqr., Lieutenant Gov- ernour.
Samuel Preston,
Ralph Assheton,
Clement Plumsted,
Samuel Hasell,
Esqrs.
Thomas Laurence,
Thomas Griffitts,
The Minutes of the 25th of August being read and Approved,
The Governour laid before the Board His Majesty's Order in Coun- cil, received this Day, for quieting the Borderers of the Provinces of Pennsylvania and Maryland, which was read and Ordered to be entered.
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At the Court at Kensington the 25th day of May, 1738.
PRESENT :
The King's most Excellent Majesty.
Arch Bishop of Canterbury,
Earl of Selkirk,
Lord President,
Earl of Ilay,
Lord Steward,
Earl Fitz Walter,
Lord Chamberlain,
Viscount Lousdale,
Duke of Bolton,
Viscount Tonington,
Duke of Devonshire,
Lord Harrington,
Duke of Newcastle,
Mr. Chancellor of the Exchequer,
Earl of Scarbrough,
Sr. Charles Wills,
Earl of Granthum,
Henry Pelham, Esqr.,
Earl of Cholmondeley,
Sr. Charles Wager.
Upon reading at the Board a Report from the Right Honourable the Lords of the Committee of Council, for Plantation Affairs, Dated the 4th of this Instant, in the Words following, Viz":
"Your Majesty having been pleased by your Orders in Council of the 17th of March, 1736-7, and the 21st of July, 1737, to refer unto this Committee several Petitions from the President, Council, and General Assembly of the Province of Pennsylvania, and like- wise from the Governour & Council, and the Commissary and Clergy of the Province of Maryland, which Petitions represent (among other things) that great Disorders and Outrages have been com- mitted upon the Borders of the said respective Provinces, and humbly Praying your Majesty's most Gracious Interposition and Commands, for the Preservation of the Peace on the said Borders until the Boundarys of the said Provinces shall be finally Settled and Adjusted, The Lords of the Committee of Council did, on the 29th of the said Month of July, take the matter of the said Complaints into their Consideration, And thereupon Reported to your Majesty what they thought most adviseable for your Majesty to Do, in Order to prevent the further Continuance of the said Dis- orders, and to preserve Peace & Tranquility on the said Borders untill the Boundarys should be finally settled. And Your Majesty having approved of what was Proposed by the said Report, was Pleased, by your Order in Council of the 8th of August, 1737, to direct as follows, Vizt:
" That the Governours of the respective Provinces of Maryland and Pennsylvania for the time being, Do not, upon pain of incurring His Majesty's Highest Displeasure, permit or suffer any Tumults, Riots, or other Outragious Disorders to be committed 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 Subjects under their Gov- ernment inhabiting the said Borders. And as a means to preserve
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Peace & Tranquility on the said Borders, His Majesty doth hereby enjoyn the said Governours that they do not make Grants of any part of the Lands in Contest between the Proprietors respectively, nor any part of the Three Lower Counties, com- monly called Newcastle, Kent, and Sussex, nor permit any Per- son 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 Governours of the said respective Provinces accordingly.
" That since the Issuing the said Order, Your Majesty hath been pleased to refer unto this Committee an Address of the Deputy Governour, and of the upper and lower Houses of Assembly of the Province of Maryland, relating to a Continuance of the said Dis- orders, and also two Petitions, the one in the name of John Thomas and Richard Penn, Esqrs., Proprietors of the Province of Pennsyl- vania, Praying your Majesty's further Pleasure may be signified, relating to your Majesty's afore-recited Order in Council of the 18th August, 1737, and the other in the Name of the Agent of the said Province of Pennsylvania, Complaining of fresh Disorders committed by the Inhabitants of Maryland against those of Penn- sylvania. Whereupon, the Lords of the Committee did, on the 23rd of February last, proceed to take all the Papers relating to the Complaints made by each of the said Provinces into their Consider- ation, and were attended by Counsel on both Sides, and likewise by the Proprietors of the said Provinces, And the Counsel desiring that some reasonable time might be allowed the Proprietors to con- fer together, in Order to come to some Agreement amongst them- selves, that so the Peace and Tranquility of both Provinces may be preserved until such time as the Boundarys can be finally Settled. The Lords of the Committee thought proper to comply with such their request. And being again this Day Attended by all Partys, the Counsel acquainted the Committee that the Proprietors of each Province had accordingly met and agreed to the following Proposi- tions, Vizt:
"Ist. That so much of His Majesty's Order in Council of the 18th of August, 1737, as Orders the Governours of the respective Provinces of Maryland and Pennsylvania for the time being, do not, upon pain of Incurring His Majesty's Highest Displeasure, Permit or Suffer any Tumult, Riots, or other Outragious Disorders, to be committed 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 among all His Ma- jesty's Subjects under their Government Inhabiting the said Bor- ders, Do stand in force and be Observed.
"2d. That there being no Riots that appear to have been com-
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mitted within the Three Lower Countys of Newcastle, Kent, and Sussex, on Delaware, It is therefore not thought necessary to con- tinue the latter Part of the said Order in Council as to the said three lower Counties, but that the same former Order in Council, so far as relates to the said three Lower Countys, be Discharged with- out Prejudice to either of the Proprietors, as if the same had never been made.
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"3d. That all other Lands in Contest between the said Proprie- tors now Possessed by or under either of them, shall remain in the Possession as they now are (although beyond the Temporary Limits hereafter mentioned); And also the Jurisdiction of the respective Proprietors shall continue over such Lands until the Boundarys shall be finally Settled; And that the Tennants of either side shall not Attorn to the other, nor shall either of the Proprietors or their Officers receive or Accept of Attornments from the Tennants of the other Proprietor.
"4th. That as to all Vacant Lands in Contest between the Pro- prietors not lying within either of the three lower Countys, and not now possessed by or under either of them, on the East side of the River Sasquehannah, down so far South as Fifteen Miles and one Quarter of a Mile South of the Latitude of the most Southern part of the City of Philadelphia, and on the West side of the said river Susquehannah, down so far South as fourteen Miles and Three- quarters South of the Latitude of the most Southern part of the City of Philadelphia ; The Temporary Jurisdiction over the same is agreed to be Exercised by the Proprietors of Pennsylvania, and their Governour, Courts, and Officers. And as to all such Vacant Lands in Contest between the Proprietors, and not now possessed by or under either of them on both sides of the said River Sasque- hannah, South of the respective Southern Limits in this Paragraph, before mentioned, The Temporary Jurisdiction over the same is agreed to be Exercised by the Proprietor of Maryland, and his Governour, Courts, and Officers, without Prejudice to either Pro- prietor, and until the Boundarys shall be finally Settled.
" 5th. That the respective Proprietors shall be at free Liberty to Grant out on the Common and usual Terms All or any Vacant Lands within the said Provinces of Pennsylvania and Maryland in Contest between the said Proprietors (that is to say, within their own respective Sides of the said Several Limits mentioned in the last foregoing Paragraph). For the which Lands and the Profits of the same, also each Proprietor shall account to the other, who may be adjudged to be the Proprietor thereof, upon the final Determina- tion of the Boundarys between the two Provinces.
"6th. That all Prisoners on both sides on account of being con- cerned in any Riots or Disturbances relating to the Bounds, or for any Act or thing done thereat, or for any other Act touching the
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Right of either of the said Provinces in relation to their Bounds, be forthwith released and Discharged on entering into their Own respective Recognizances in a Reasonable sum, to appear and Sub- mit to Tryal when called upon by further Order from his Majesty.
"7th. That this be declared to be a Provisional and Temporary Order, to continue untill the Boundarys shall be finally settled, and be Declared to be without Prejudice to either Party.
" 8th. That His Majesty be most humbly Moved to Discharge so much of the Order of the 18th of August, 1737, as Varys from this Agreement, and that the several other petitions of Complaint now depending before His Majesty in Council relating to any Dis- turbances, may be withdrawn by the respective Petitioners.
" To which Propositions the Proprietors of each Province signified their Consent before the Committee, and declared their readiness to carry the same into Execution, if Your Majesty shall be pleased to approve thereof ; and the Committee considering that the agreement may be a proper Expedient for restoring Peace and Tranquility be- tween the said Provinces, and for preventing any of the like Dis- turbances for the future, Do therefore agree humbly to lay the same before Your Majesty for your Royal Approbation.
" His Majesty this Day took the said Report into Consideration, And in Order to preserve Peace and Tranquility between the said Provinces, and to prevent any the like Disturbances for the future, is Pleased, with the advice of His Privy Council, to Approve of the said Agreement entered into between the Proprietors of the said Respective Provinces; And His Majesty is hereby pleased to Order that the Proprietors of the said Respective Provinces of Maryland and Pennsylvania Do cause the said Agreement to be carried into Execution; Whereof the said Proprietors, and all others whom it may concern, are to take Notice and Govern themselves Accordingly. JA. VERNON."
Ordered that a Proclamation be prepared reciting His Majestie's said Order, to be published to-Morrow at the Court House of this City, And that printed Copies be made of it to be Transmitted to the Proper Officers, to published in like manner in the several Coun- ties of this Province, and the Counties of Newcastle, Kent, and Sussex, on Delaware.
Samuel Preston and Thomas Griffitts, Esqrs., at the Governour's Desire, waited on the Assembly with His Majesty's Order, as a piece of respect due to whatever comes from His Majesty, which the Assembly returned with Thanks to the Governour for so doing, by two of their Members, and desired a copy of it. Ordered, that the Secretary do make out a Copy of the said Order against to- Morrow, to be sent to the Assembly.
The Governour having read a Paragraph of a letter he had just
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received from Mr. Paris, Agent for this Province, sent the follow- ing Message to the Assembly by his Secretary :
"His Honour, the Governour, to the Gentlemen of the Assembly. , "Gentlemen :
" Mr. Paris, in a Letter of the 18th of May, which I received by the last Vessel from London, Advises me that the Right Hon- ourable The Lords Commissioners for Trade and Plantations, having been for some time negotiating an Affair of Consequence with a Person who was thought and called Agent for one of the Colonys, and finding upon further inquiry that he had not proper Powers of Agency, to prevent such mistakes for the future, sent for the seve- ral Agents, and Mr. Paris among the rest, and directed them to lay their several Powers of Agency before the Secretary of that Board, that their Lordships might know whom to Transact with and send to on any Occasion; and as the only vote of Agency which was ever sent him under Seal, is of Several years Standing, and in the time of a former Governour, he hopes Your House will come to a new Vote in his Favour, to be laid before the Lords of Trade, pur- suant to their Direction. In justice to Mr. Paris, I must add, from the many Occasions I had of Observing his zeal and Diligence for the service of this Province, that you have been very happy in your choice of him, and that I think it will be greatly for the publick In- terest to continue him in the Agency by such a Vote.
" GEO. THOMAS."
At a Council held at Philadelphia, September 1st, 1738.
PRESENT :
The Honourable GEORGE THOMAS, Esqr., Lieutenant Gov- ernour.
Samuel Preston, Clement Plumsted,
Ralph Assheton, r Esqrs.
Thomas Griffitts,
The Minutes of the 29th of August being read and approved, The Governour communicated to the Board what he had writ to Governour Ogle on the Subject of the King's Order, a Copie of which Order was this Day sent to him by an Express, and the Board approved of it.
A Verbal Message was delivered from the Assembly by two of their Members, desiring to know the Governour's Resolution on the paper-money Bill sent to Him two days ago, which not having yet been considered by the Council, the Governour communicated to the Members of Council present a Message he had prepared, containing his present thoughts of that Bill, which being approved of was sent by the Secretary to the Assembly, and is as follows :
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PROVINCIAL COUNCIL.
His Honour the Lieutenant Governor in Council, To the Gentle- men of the Assembly.
Gentlemen :
I can but Applaud your Zeal for what you are perswaded concerns the publick welfare, in preparing a Bill for Re-emitting and adding to your paper Currency at a season of the Year which confessedly requires Your presence at Your own Homes; but as this Bill is of an Extraordinary length-is complicated with others-contains matters quite new to me, and is of the Greatest Consequence, And as too precipitate a passage of it may prove destructive to the Bill it self, and Consequently to the Trade and Estates of every man in the Province, I fear it will require more time to digest it than the Circumstances of your Private Affairs will now allow me.
The Sentiments of the Right Honourable the Lords of Trade (before whom this Bill must be laid) on former Bills of the like kind -The Effect it may have on Trade in General, and particularly on that of Great Britain, both in regard to debts now due and what may hereafter be contracted, must be well-considered, as well as whether the Additional Sum be not beyond the real Exigencies of the Province, and whether the interest and the Term for repayment be well regulated.
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