USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IV > Part 52
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81
" As Great Quantities of Wheat have been exported many Ves- sels are now Loading with Wheat, and many more are daily expected on. The same Design, and as by much the greatest part of the Old Crop is said to have been already Shipt off, and the Crop now upon the Ground very much injured by the late severe Drought,
492
MINUTES OF THE
from whence it is apprehended that not only the King's forces in America but even our own Inhabitants may be distressed, I recom- mend to your immediate Consideration whether it will not be pru- dent to put a Stop to the further Exportation of Wheat for a Time to be limited.
" May 26th, 1741."
Unto which the Assembly made the following Answer :
"A Message to the Governor from the Assembly.
" May it please the Governor-
" Since the Limitations the Governor, by Advice of his Council, was pleased to make to the Exportation of Provisions from this Province have proved agreeable to the King's Intentions, And no other than what we suppose are now inforced by an Act of Parlia- ment, It is the less necessary to enquire of what Validity those restraints might have been had they not been Supported by so good Authorities. Thus much, however, permit us to say : It is a pre- cedent which We hope will not be frequently drawn into Example, since tho' it happens to be agreeable to the King's Intentions in the present Case, in others it may vary, and may possibly be made use on pretenses which appear plausible, and yet greatly to the injury of the Inhabitants of this Colony.
" The Exportations of Wheat which have lately been made from home are so considerable that we are inclinable to believe the Quan- tity remaining in the Province is much less than hath been usual at this Season of the Year; And Yet, from the information we have of the Quantity left, Considering that Harvest is approaching, and that We have had no Applications from our Constituents complaining Scarcity of Grain, we are in Hopes that sufficient will remain for the use of the Inhabitants without limiting the further Exportation, which, were it done, we judge would not be of any Considerable service, unless the like prohibitions were made in the neighbouring Governments, and extended to Biscuit & fflower. And such a Pro- hibition, unless we were well assured the Quantity remaining in the Province were no more than is absolutely necessary for the subsist- ence of the Inhabitants, would neither be Prudent nor justifiable, Since it might not only injure such who have an Overpluss of those Commodities to dispose of, but might be a Means of distressing our ffellow Subjects in the West Indies, and Particularly the King's fforces there, in regard to whom We conceive no such Exceptions could be made but what whould tend to Monopolize that Branch of Our Trade without lessening the Quantity of Provisions exported. And we may add, that the great Prices now given to Bakers for Bis- cuit to be exported, and the necessity the Owners of Mills are under of keeping them employed, induces both to give greater Prices for Wheat to be manufactured in the Province than We think the Mer- chants can well afford to do for Exportation, which would render
498
PROVINCIAL COUNCIL.
any restraint that might be put on the Exportation of Grain only ineffectual.
" It must be Confest that the Crops now in the Ground lately appeared to be much injured by the severity of the Winter and the Drought since ; But the late Rains, which by the Blessing of Provi- dence have been Afforded Us, gives a better prospect of the ensuing Harvest than there once seemed reason to Expect, so that unless a Calamity not usual in this Province does happen, we hope there will be no Complaint for want of Bread. But if any Danger of this kind should hereafter be discovered, And any restraints on our Ex- portations appear necessary, it may then become the care of the Legislature, However this may be, We acknowledge this Instance of the Governour's Care for the Welfare of the inhabitants of this Province ; an equal Tenderness in every other Branch of their In- terest might have excited their Gratitude and transmitted his Memory with Honour to posterity.
" Signed by Order of the House. " JOHN KINSEY, Speaker,
" 4th Mon. 2, 1741."
Whereunto the Governour reply'd as follows :
"His Honour the Governor to the Gentlemen of the Assembly. " Gentlemen :
" It is very fortunate for me and all the Governors upon the Con- tinent that the Measures taken to prevent a Supply of Provisions from being carried to the Enemy have been supported by the King's pleasure and an Act of Parliament ex post facto, for otherwise I find that Restraint, how necessary soever might have been deem'd, neither expedient nor lawful. Whenever an extraordinary Case shall make an Extraordinary Use of power necessary, I hope I shall upon every such Occasion govern my self so as that I shall be able to render to his Majesty a good account of my conduct; And as the Council have a considerable Property in the Province, it is not to be conceived that Pretences or Plausible Appearances will prevail upon them to join in any act injurious to the inhabitants of the Country.
" He knows little of Government or of the World who expects Gratitude from all sorts of Men. It is my Happiness that his Ma- jesty has been graciously pleased to signify his approbation of my Zeal & Diligence for his service ; And as my Actions both in Public and Private Life have been the result of an Honest Heart and a Zeal for the Glory of the King and the British Name, I doubt not of their being spoken of with Honour by those whose good Opinion is to be valued.
" GEO. THOMAS.
"June 3d, 1741."
49.1
MINUTES OF THE
And the same Day the Governor sent the following Message :
" His Honour, the Governor, to the Gentlemen of the Assembly. " Gentlemen :
" As we have received very certain Information from New York, & from several Seamen who travelled to this City after having been taken Prisoners by a Spanish Privateer Off the Capes of Virginia, and set on Shore at Sandy Hook, That four Privateers were fitted out of the Savannah in the beginning of April last, to Cruise upon this Coast, That one of them had taken five Vessels between the 6th & the 13th of last Month, and We are this Day informed that two more of them have chased several Vessels bound to this Port, and drove One on Shoar a few Days ago near Egg Harbour, belong- ing to some Merchants of this City, I recommend it to your Con- sideration whether it will not be very disreputable to this Province, as well as disadvantageus to the Trade of it, to remain inactive, When Boston, Rhode Island, & New York, are fitting out Vessels of fforce to secure their Navigation by attacking the Enemy. The like good Disposition is not wanting in several of the Considerable Inhabitants here, nor a Number of Seamen sufficient to Engage in such an Enterprise; But the former with Reason say, as it will be for the Publick Benefit that it ought to be undertaken at the Pub- lick Expence, and as the Latter are not to expect any Plunder of Value, they will Expect a Reward for each Man they Kill or take (besides the Reward allowed by a late Act of Parliament), as well as some Provision for the ffamilys of such as shall be killed or dis- abled in any Action that may happen.
"GEO. THOMAS.
"3d June, 1741."
Unto which the Assembly made Answer as follows :
" A Message to the Governor from the Assembly.
" May it please the Governour :
" If the informations received from New York and the Seamen the Governour is pleased to mention have no greater Certainty in them than those concerning two Spanish Privateers chasing one of the Vessels bound to this port, & driving her on Shore at Egg Har- bour, Very little regard is to be paid to them, because it is since discovered that not the Spanish Privateers but a Privateer Sloop belonging to Owners in this City, Occasioned the Master of that Vessel to run her Ashore.
" Among the many Advantages this Colony with others enjoys under our Gracious King, that of being protected in our Trade & Navigation is one. To this End there are generally Ships of Warr Stationed at Boston, New York, and Virginia, as places the most commodiously situated, that whenever Enemies approach they might,
495
PROVINCIAL COUNCIL.
on Notice given them, be in readiness to Scour the Coasts without putting any particular Colony to the Expense of providing & main- taining Ships of fforce.
. " It is true it has sometimes heretofore happened that Vessels belonging to this Port, as well as others, have been taken near our Capes in Time of War, but no Instance of the kind hath happened since the Commencem" of the present War to Our Knowledge. We have indeed heard of the Vessels the Governour has been pleased to mention which were taken off the Capes of Virginia. But if this be the Case of those who have the ffavour of a Man of Warr sta- tion'd amongst them, there is the less reason to Expect any provi- sion We could make at the great distance We are situated from the Sea would be of any Considerable Service, Were we able to bear the Expense.
"Signed by Order of the House, "JOHN KINSEY, Speaker.
" Philadelphia, the 6th of the 4th Month, 1741."
Then was laid before the Board and Read a petition from divers Inhabitants of the Counties of Philada., Chester, and Lancaster, setting forth that upon the Petition of sundry Inhabitants of the said Counties to the late Governor and Council, in the Year 1733, an Order was made for laying out a High Road from the Town of Lancaster to High street ffery at the West End of Philadelphia City, That in pursuance thereof a Road was laid out in the foresaid Year 1733, from the Town of Lancaster through the County of Lancaster and part of the County of Chester to the Plantation of one John Spruce in the said County of Chester, and upon a Return thereof made had been by the authority of this Board so far confirmed, But that the further Execution of the said Order in laying out the re- maining part of the said Road, for Causes unknown to the petition- ers, had been hitherto deferr'd; And praying that this Honble Board would be pleased to appoint proper persons to view and lay out the Remainder of the said Road from the End of the Road already con- firmed, near the Plantation of John Spruce, in Chester County, to High street fferry aforesaid. Whereupon it is Order'd by this Board, that William Moore, William Graham, Thomas Thomas, Joshua Thompson, Samuel James, & Nathaniel Grubb, or any four of them, for the County of Chester, Richard Harrison, Griffith Lew- ellyn, William Thomas, Edward Georges, Hugh Evans, & Robert Jones, or any four of them, for the County of Philadelphia, do view and lay out, or continue the said Road from where the Confirmed Road Terminates, near John Spruce's Plantation, through the Coun- ties of Chester and Philadelphia to High street fferry, at the West End of Philadelphia City aforesaid, so as to be least detrimental to the Possessors of the Lands & most Commodious for Travellers and Carriages, and make return thereof, together with a Draught of the said Road, to this Board, with all Convenient Speed.
496
MINUTES OF THE
At a Council held at Philadelphia, September 14th, 1741. PRESENT :
The Honble GEORGE THOMAS, Esqr., Lieut Governor.
Samuel Preston, Anthony Palmer,
Clement Plumsted,
Samuel Hasell,
Ralph Assheton,
Thomas Griffitts,
¿Esqrs.
Samuel Hasell, Esqr., Mayor of the City of Philadelphia, laid be- fore the Board a paper left at his House by Order of Isaac Norris, a Member of the Assembly, Containing some Resolutions of the House of Representatives, as follows, viz. :
"The House taking into Consideration the Dangerous Conse- quences that have happened by the arrival of unhealthy Vessels amongst Us, and willing, as far as in them lies, to prevent the like for the future,
" Resolved,
" That Doctor Lloyd Zachary be the person appointed to visit all unhealthy vessels which shall hereafter arrive in or near the port of Philadelphia, as often as occasion shall require.
" Resolved,
" That the said Lloyd Zachary be paid a reasonable Reward for services which he shall do in visiting the said Vessels, as often as he shall be thereunto directed by the Governor and Council, or on their Default by any two Justices of the City and County of Phila- delphia : Provided the said Lloyd Zachary make Report of the State of each such Vessel in Writing, and lodge the same in the Secre- tary's Office, and a Copy thereof be laid before the Assembly when required."
" Copy from the Minutes of Assembly.
"B. FRANKLIN, Clerk. "6 Mon., 22, 1741."
The foregoing Resolutions having been read & Considered, Order- ed that an Entry be made on the Minutes of this Board.
"That for many Years before the present Governor's presiding here, Thomas Græme, Doctor of Physick, was appointed by the Governors for the time being, with the Consent of the Council, to visit all unhealthy Vessels coming to the port of Philadelphia.
"That the said Doctor Græme was continued in that Trust by the present Governor with the consent of the Councill, & was after- wards paid for his Services until the Assembly held in 1740 refused to make him any satisfaction for visiting sickly vessels that year, altho' the whole Charge amounted to no more than Nine pounds sixteen shillings.
"That the said Doctor Groeme did regularly attend that Duty,
497
PROVINCIAL COUNCIL.
by which Means & thro' the Care of this Board this City & Pro- vince was under God in a great Measure preserved from imported Contagious Distempers for many Years, altho' during that Course of Time many unhealthy Vessels arrived here from Holland, Ire- land, and other Parts.
" That since the Assembly denied to pay for those Services, not only the said Doctor Græme has for the most part declined per- forming them, but Dr. Lloyd Zachary & other skillful persons of the same profession have refused to Visit Vessels suspected to be sickly upon Application made to them by the Governor's Orders, whereby unhealthy Ships have come to this port & Landed many Persons afflicted with the Mortal & Contagious Disease now in this City & the neighbouring Parts of this Country, which immediately Spread amongst the inhabitants, from whom, it is the opinion of this Board, that the present Mortality is chiefly owing to the Conduct of that Assembly who in Effect Discharged Doctor Græme from so necessary a Duty without even attempting to get his place supplied by another, & thereby expose the Health & Lives of the Inhabitants to imminent Danger.
"That altho' it is highly necessary that one or more Persons of Skill & Experience in Physick should be appointed to visit & en- quire into the Health of People coming hither from Sea, and that they should be allowed a suitable Reward for the same, yet the Duty of our Stations, & the Trust reposed in us by a Law of this Province concerning sickly vessels, & the acquittal of our selves from all Im- putation if further ill Consequences should attend imported Distem- pers hereafter, oblige Us to Declare that the above appointment by the House of Assembly is unprecedented, illegal, and unwar- rantable; and, therefore, this Board cannot regard the Person so nominated or appointed, or any Reports by him made, altho' in every other respect they think him well Qualified for the Ser- vice.
" And thereupon by this Board it is
" Resolved,
" That the Government of this Province being unquestionably in his most Sacred Majesty the King & those who have Authority under him, the Representatives of the People in Assembly, altho' part of this Constitution & Legislature have no right to Exercise any act of Government, nor can they direct or controul any Magis- trate or Officer not even a Constable, or enlarge or create powers in in them or others in any case whatsoever.
" That the Authorizing Persons to Enter Ships or Vessels is an Important Act of Government not within the Power of the House of Representatives, nor can the Master of a Vessel be compelled to VOL. IV .- 32.
498
MINUTES OF THE
admit a person under their Authority to come on Board or inspect the Condition of the passengers & Seamen.
" That the Governor as supream Magistrate has the Sole Right to give such an Authority, which in this Case has alwaies been Exer- cised with the consent of this Board.
" That the endeavouring to transfer this Right from the Gover- nor to two Magistrates by a vote of the House of Representatives, is assuming to themselves the whole Legislative Power, and at- tempting to divest the Governor of the Executive part of the Gov- ernment which is in him only as the King's Representative, and if admitted in this Instance may be carried such Lengths as to Endanger the Charter granted to the. ffreemen of this Prov- ince.
"That the House of Representatives have not any Authority to direct the filing of papers in the secretaries' or any other Public office without the Governor's assent to a Law for that pur- pose.
" That a Supposition of a Default in the Governor & Council in a Matter that so highly Concerns the Welfare of the inhabitants of this Province, carries with it an unjust Reflection both upon the Governor & the Council.
" And it is the Resolution of this Board in Conjunction with the Governor, to take all proper Measures as we have hitherto done, pursuant to a Law of this province concerning sickly Vessels, pro- vided the Assembly will allow a suitable Reward to one or more persons to be appointed as usual to visit them."
At a Council held at Philadelphia, September 22d, 1741. PRESENT :
The Honble GEORGE THOMAS, Esqr., Lieuten" Governor. Clement Plumsted, Samuel Hasell, Thomas Griffitts, $ Esqrs.
Doctors Lloyd Zachary and Thomas Bond having by Order of two Members of this Board visited the Ship St. Mark, with Pala- tines from Rotterdam, & reported the same to be Sickly and to have infectious Diseases on Board, It is Ordered, that the said Ship remain at Least one Mile's Distance from Philada. without Land- ing any passengers or Baggage till further Order.
And the same Physicians having visited the Ship Marlborough & reported her Crew to be free from any infectious Distemper, the Commander, Capt. Bell, is permitted to Land his passengers.
The Governor laid before the Board a Letter which he had re-
th sa to L oth Ch
a
499
PROVINCIAL COUNCIL.
ceived from General Wentworth, Dated from the Camp on the River Humber in the Island Cuba, Augt: 12th last, relating to the raising Recruits for his Majestie's service in the Mest Indies, pur- suant to his Grace the Duke of Newcastle's Letter of the 4th of Dec": last.
Philada. Sep": 28, 1741.
MEMORANDUM.
The Council was Summoned to attend the Governor at 11 o'clock this Day, But Ralph Assheton & Thomas Griffitts, Esqrs. only attended, Before whom the Governor laid a Draft of a proclamation he intended to issue for Encouraging Men to Enlist in his Majesty's Service on the present Expedition against the Spanish West Indies, which being approved of by the Members present, was Ordered to be sealed and Published by the Sheriff on the 30th Instant, being Market Day, at 11 o'Clock in the forenoon.
Which Proclamation is as follows, vizt .:
" By the Honourable George Thomas, Esqr., Lieutenant Governor & Commander in Chief of the Province of Pennsylvania & Coun- ties of Newcastle, Kent, & Sussex, on Delaware.
" A PROCLAMATION.
" Whereas, his Majesty has been pleased to signify his Royal Pleasure by his Grace the Duke of Newcastle, his Majesty's prin- cipal Secretary of State, that in Case the Commander-in-Chief of his Majesty's Land fforces in America should send to Me for any Number of Men for Recruits or for any other Service, that I should endeavour to raise them accordingly, and take Care that they be transported to such place and at such Time as shall be ap- pointed.
And Whereas, Brigadier General Wentworth, in obedience to his Majesty's Commands, hath, by his Letter dated at the Island of Cuba the twelfth Day of August last, acquainted me that he hath appointed Capt. William Hopkins to repair to this Province to Levy Soldiers to Compleat the American Regiment, and to form another Battalion if it shall be found best for the King's Service; And Whereas, his Majesty's fforces are already in Possession of a part of Cuba, the most fruitful & healthful Island in the West Indies, and are daily extending their Conquests, I do with the advice of the Council issue this Proclamation, Promising in his Majesty's Name that all such Persons as shall Enlist on this Occasion shall have the same allowance of pay & subsistence, Cloaths & Arms, as were given to the Men that were first raised, and shall have a Share of the Lands & Settlements taken from the Enemy in Preferance to all others that shall not Engage in the Expedition, unless they shall Chuse (which is very improbable) to return hither, in which Case
500
MINUTES OF THE
they are to have free Leave, and are to be transported at his Majes- ty's Expence, retaining their Arms & Cloathing.
Given under my Hand & the Great Seal of the Province of Pennsyl- vania, at Philadelphia, the twenty eighth Day of September, in the fifteenth Year of his Majesty's Reign, and of Our Lord Christ one thousand seven hundred & forty one.
" GEORGE THOMAS.
" By Command.
" PAT. BAIRD, Secry. "GOD SAVE THE KING."
At a Council held at Philadelphia, October the 3d, 1741. PRESENT :
The Honble GEORGE THOMAS, Esqr., Lieutent Governor. Samuel Preston, Thomas Laurence,
Samuel Hasell, Thomas Griffitts, Esqrs.
The Governor laid before the Board the several Returns of Elec- tions for the Year ensuing, & having nominated the Persons to be Sheriffs & Coroners agreeable to the said returns, & no Objection being made thereto,
Order'd,
That Commissions be made out to John Hyatt, Esqr., as Sheriff, & Henry Pratt, Gentl., as Coroner of the City & County of Philada., to Benjamin Davis, Esqr., as Sheriff, & Awbrey Bevan, Gent., as Coroner of Chester County, to James Mitchel, Esqr., as Sheriff, & Joshua Lowe, Gent., as Coroner of the County of Lancaster, and to Joseph Jackson, Esqr., as Sheriff of the County of Bucks, for which County no Application hath as yet been made by the Coro- ners returned, & therefore no Coroner's Commission Ordered.
The Governor also Ordered the Commissions be made out to John Gooding as Sheriff, & Henry Gorme as Coroner of the County of Newcastle, Samuel Robisson as Sheriff, & Edmond Badger as Coro- ner of the County of Kent, & Peter Hall as Sheriff, & Peter Clowes as Coroner of the County of Sussex.
October 12th. John Hart, one of the Persons returned for Coro- ner of Bucks County, applying to the Govern" for the Commission, His Hon' was pleased to Order it to him accordingly.
501
PROVINCIAL COUNCIL.
At a Council held at Philadelphia, October the 14th, 1741. .
PRESENT :
The Honble GEORGE THOMAS, Esqr., Lieutent Governor. Samuel Preston, Samuel Hasell,
Ralph Assheton,
Thomas Griffitts, § Esqrs.
Carawtawsey, Stawyuntis, Chiefs of the Cayooges, accompanied with some others of the same Nation;
Conrade Weiser, Interpreter.
The Governor, by the Interpreter Conrade Weiser, desired to know of the Indians what was the particular Occasion of their coming down hither at this Time, and whether they had beard any News or other Matter of Consequence, & if they had, he desires them to communicate it.
To which Carawtawsey answers :
" That the Chiefs of the six Nations had last Spring agreed to come down some time this Summer to see their Brother Onas (Mr. Penn), & to receive from him payment for certain Land, but it having been a very severe & scarce Winter, insomuch that some of their ffriends had perished for Want, and hearing that the Governor of New York had provided them some Victuals at Albany, they had first sent thither for them and afterwards agreed that the Chief's of all their Nations should set out at last full Moon to meet alto- gether at Weyomin, in Order to proceed to Philad?", which these did, but not meeting their ffriends of the other Nations, and being come so far from home, they resolved to come down by themselves & see their Brethren here to know whether we had any News that concerned them ; That this Summer the Governor of Canada had sent to invite the Chiefs of all their Nations to come to him to a treaty, and that accordingly some Chiefs from each Nation had gone to him & was expected to have returned some time since, but not being returned, he does not know but they might have brought some news from thence that might detain them."
To which the Governor replied :
"That he was very glad to see them ; that he was very sensible of the ffriendship that had long subsisted between them & the English, which he would at all Times, to the utmost of his Power, cultivate and improve; That Mr. Penn had hoped to have seen the Chiefs of their Nations here this Summer, but being disappointed therein and being obliged to go for England he had left the Governor in his Place, and all the Goods to pay the Indians what was due, which he would faithfully do, and he hoped their Chiefs would come next Spring to receive them.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.