USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 24
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237
PROVINCIAL COUNCIL.
Jany. 17th, 1765.
MEMORANDUM.
The Governor this day wrote a Circular Letter to the several pro- vincial Commissioners of appeal in the words following, viz *:
" PHILADA., 17th January, 1765.
" Sir :
"The Proprietors having signified to me that they do not wish or desire that their located uncultivated Lands in this Province may be taxed in any other manner than at the lowest rate at which any located uncultivated Lands belonging to the Inhabitants, under the same Circumstances of Situation, Kind & Quality, shall be assessed, any thing to the Contrary in a Judgment or decree of his late Ma- jesty in Council notwithstanding, I take this opportunity of com- municating to you their Sentiments on this head, to prevent any disputes and remove any Objections which may possibly arise in the assessing that part of the Proprietary Estate under the late Act of Assembly granting the Sum of £55,000 to the King's use, and to that end, I desire that you will also notify this to the Assessors and County Commissioners in the county of " I am, Sir,
" Your most obedt. humble Servant, "JOHN PENN.
"To - - -, Esq"", one of the Provincial Com- miss's of appeal for the County of " .
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The names of the Commiss". are :
Philip Syng for the City of Philada.
Thomas Lievzey, County of Do.
John Moor, Northampton. John Fairlamb, Chester. Moses Irwin, Lancaster. Mahlon Kirkbride, Bucks Coty.
Mich1. Swoop, York.
Jas. Galbreath, Cumberld, Jonas Seely, Berks.
The Governor likewise issued a special Commission appointing Enoch Davis, Esqr., Justice of the Peace & of the County Court of Common Pleas for the County of Philada.
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MINUTES OF THE
At a Council held at Philada on Monday, the 21st January, 1765.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca.
Lynford Lardner, Thomas Cadwalader, Esq™s.,
Benjamin Chew, Richard Penn,
The four following Bills sent up last Week to the Governor by the Assembly for his Concurrence, were laid before the Board, Viz':
Ist. "A Supplement to an Act entituled 'An Act for the relief of insolvent debtors within the Province of Pensylvania.'"
2d. " An Act the better to enable the persons therein mentioned to hold Lands, and to invest them with the Privileges of natural born Subjects of this Province."
3d. "An Act for the relief of Robert Lettis Hooper, Jun"-, a pri- soner in the Gaol of Philadelphia, with respect to the Imprisonment of his Person."
4th. " An Act for the relief of James Pearson, a Prisoner in the Gaol of Philadelphia, with respect to the Imprisonment of his person."
Which being severally read & considered, the Governor directed the Secretary to return them to the House, with a few amendments to the three first, and to acquaint them that he agreed to the last mentioned Bill.
The Governor laid before the Board a Letter from his Excellency Gen1- Gage, Commander-in-Chief of all his Majesty's Forces in North America, which follows in these words, viz":
A Letter from General Gage to the Governor.
"NEW YORK, Decem". 7th, 1764.
" Sir :
" It gives me great pleasure to be able to acquaint you that, by an Express arrived from the heads of Muskingham, I am informed that the Shawanese and Delawares, and other Tribes on the Ohio, have been reduced to the most humiliating Peace by his Majesty's Arms, under the Command of Colonel Bouquet, and that a general Peace is now made with all the Nations who had risen in Arms against us.
" The perfidy of the Shawanese & Delawares, the Contempt they shewed us, and the breaking through all the ties and engagements which even Savage Nations hold sacred amongst each other, made it absolutely necessary to reduce them by Force, and to march into their Country. The Troops under Colo Bouquet have penetrated into the heart of their Settlement, and obliged them to deliver up all
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their Prisoners, even their own Children born of White Women, and to send deputies to Sir William Johnson, to settle a peace upon such further terms as should be imposed upon them ; for the per- formance of the last, and as a Security that no further Hostilities should be committed, a number of their principal Chiefs have been delivered up as Hostages; about Two hundred prisoners had been delivered into our hands, and more were expected from the Sha- wanese. Several of our parties had been sent into the Villages of that Nation, to assist them in collecting the Captives and bringing them to Fort Pitt.
"I take the first opportunity to congratulate you on the happy Conclusion of all Hostilities with the Indian Nations who had ap- peared in Arms against his Majesty, and to enable you to give such notice as you see convenient, to the Merchants, that the Trade may be again carried on with the several Nations.
" In consequence of this Peace, I beg leave to observe to you that I am informed the Government of this Province intend pub- lishing a Proclamation, not only to prohibit all Hostilities against the Indians, but likewise, to open a Trade with them, on condition that the Traders take Lycences of the Governor, and give Bond and Security that they do not expose to Sale, or Sell to the Indians, but at the posts that are already, or shall be hereafter established; I should be glad to know whether you pursue the same method, or make any further regulations respecting the trade with the Indians, that I may have it in my power to give notice thereof to the Offi- cers Commanding at the several Posts, to enable them to see that the Traders do strictly comply with the Terms of Trade prescribed to them by the Government to which they belong.
"I am, with great regard, Sir, " Your most Obedient, humble Servant, "THO" GAGE.
" Hon. JOHN PENN, Esqr."
The Council having taken the said Letter into consideration, were of Opinion, that as the Governor had not been informed of the Success of those Deputies of the Western Indians who were sent by Col. Bouquet to Sir William Johnson to negociate and ratify with him the Terms of Peace which had been proposed or stipulated in the late Expedition to the Westward, under the Command of the said Col. Bouquet, and, as it is yet uncertain what may be the Con- sequences of the Desertion and Escape of the Shawanese Hostages, the Governor should defer issuing a Proclamation to open a Trade with the Indians, according to his Majesty's Royal Proclamation of the 7th October, 1763, or taking any measures to enforce the same, 'till he has full information from Sir William Johnson that a Gen- eral Peace is actually concluded with the said Western Indians.
The Governor, accordingly, wrote an answer to Gen1. Gage to that effect.
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MINUTES OF THE
At a Council held at Philadelphia, on Wednesday 30th Jan"., 1765.
1
PRESENT :
The Honourable JOHN PENN, Esqr., Lieutenant Governor, &cª.
Lynford Lardner, Benjamin Chew, Richard Penn, Esq".
The Governor laid before the Board a Letter from the Commis- sioners & Assessors of Philada. County, in answer to one his Honour wrote the 17th Instant, to the Provincial Commissioners of appeal, concerning the Taxation of the Proprietors' located uncultivated Lands, which Letter was ordered to be entered in the Minutes of Council, and is as follows, viz":
" PHILADELPHIA, 26th January, 1765.
" May it please the Governor :
" Thomas Lievzy and Philip Syng, Esq"., two of the Provincial Commissioners of Appeal, has laid before us a Copy of the Gov- ernor's Letter, dated the 17th Inst., in which the Governor is pleased to inform us, 'that the Proprietaries do not wish or desire that their located or uncultivated Lands belonging to the Inhab- itants, under the same Circumstances of Situation, kind, and quality, shall be assessed.' This information, we conclude, is given by the Governor as a guide and direction to us in Assessing that part of the Proprietary Estate under the late Act of Assembly for grant- ing &50,000 to His Majesty's use. We have, therefore, taken the said Act, with the Substance of the Governor's Letter, into our serious Consideration, and are of Opinion, from the express tenor of the Law, and our respective Qualifications taken in Conformity therewith, that we cannot, in any shape, alter the mode of Taxa- tion pointed out and enjoined by that Act, Viz": 'That the best of the Located and unimproved Tracts of Land, belonging to the Inhabitants, shall be rated at Fifteen pounds + hundred acres ;' and that by a subsequent provisionary Clause, 'That the located uncultivated Lands belonging to the Proprietaries, shall not be assessed higher than the lowest rate at which any located unculti- vated Lands belonging to the Inhabitants, shall be assessed.'
"From this state of the Facts, you will readily perceive that it is not in our power, under our present Circumstances, to pur- sue the mode of taxing the Proprietary located uncultivated Lands pointed out by the Governor, and that nothing can enable us to
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PROVINCIAL COUNCIL.
comply with the Governor's request, in that particular, but a Law to be made for that purpose. " We are, Sir,
" Your most Obedient, humble Servants, "BARNABY BARNES, " ANDW. BANKSON, "JOSEPH STAMPER,
" MATHIAS HOLSTEN, "JACOB UMSTAT, " JOSEPH KING,
"ENOCH STORY."
The said Letter being read and considered, the Council advised the Governor to lay the same before the Assembly, accompanied with a written Message recommending to them to frame a Supple- ment to the Act for granting £55,000 to the King's use, in order to enable the Commissioners and Assessors to tax the Proprietors' Lands in the manner they have desired. A. Message being accord- ingly prepared and approved, was sent to the House with the above mentioned Letter, and follows in these words, viz":
A Message from the Governor to the Assembly.
" Gentlemen :
"The Proprietors having signified to me that they do mot wish or desire that their located uncultivated Lands in this Province, should be taxed in any other manner than at the lowest rate at which any such Lands belonging to the Inhabitants under the same Circumstances of Situation, Kind, and quality, should be assessed, I took care to make known the proprietor's sentiments on this Subject, to the Provincial Com- missioners of Appeals in the several Counties, desiring them to publish the same to their respective Commissioners & Assessors. This matter having been laid before the Commissioners and Asses- sors for the County of Philadelphia, they, by their Letter of the 26th Inst* (which I have ordered to be laid before you), have in- formed me, that on considering the late Act for granting £55,000 to the King's use, they cannot, from the express Tenor thereof, and the qualifications they have taken, tax the located uncultivated Lands of the proprietors in the above mode, and that a new Law is necessary to enable them so to do. As, therefore, they cannot put the construction on the Words of the royal Order, inserted in the said Act, which the late Assembly contended for, and the Proprie- tors are willing to submit to, I recommend it to your Consideration, whether it is not expedient to frame a Supplement to the said Act, to amend it in this particular.
" January the 30th, 1765." VOL. IX .- 16.
" JOHN PENN.
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MINUTES OF THE
January 31st, 1765.
Two Members of Assembly waited on the Governor, with a verbal Message that the House agreed to the Amendments his Honour made to the three Bills which had been returned to the House, and desired he would be pleased to appoint a time for passing them & the other he had agreed to, as soon as possible; to which he made answer, that he should be ready for that purpose on Saturday next.
In the Council Chamber, Saturday 2d February, 1765.
PRESENT :
The Honourable JOHN PENN, Esq"-, Lieutenant Governor, &ca.
Lynford Lardner, & Richard Penn, Esq™
The Governor returned to the House, by the Secretary, the Bill which they had sent up for his Honour's Concurrence, entituled "An Act for the relief of Walter Davis, a languishing Prisoner, in the Gaol of Philadelphia, with respect to the Imprisonment of his person," with his assent thereto. At the same time the Secretary, by the Governor's directions, delivered a verbal Message to the House, that his Honour waited in the Council Chamber & required their attendance there, in order to pass that Bill, and the other four which had been agreed to.
The House having accordingly attended, the Speaker presented to the Governor the five Bills before mentioned, which his Honour enacted into Laws, and signed a Warrant for affixing the Great Seal thereto, which being done, they were deposited in the Rolls Office.
The Titles of the said Laws are as follows, viz":
"A Supplement to an Act entituled 'An Act for the relief of in- solvent Debtors within the Province of Pennsylvania.'"
"An Act the better to enable the Persons therein mentioned to hold Lands, & to invest them with the privileges of natural born Subjects of this Province."
"An Act for the relief of Robert Lettis Hooper, Jun"., a Prisoner in the Gaol of Philadelphia, with respect to the imprisonment of his Person."
" An Act for the relief of James Pearson, a Prisoner in the Gaol of Philadelphia, with respect to the Imprisonment of his Person ;" &
" An Act for the relief of Walter Davies, a languishing Prisoner in the Gaol of Philadelphia, with respect to the Imprisonment of bis Person."
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PROVINCIAL COUNCIL.
At a Council held at Philada., on Monday 4th Feb'y., 1765. PRESENT :
The Honble. JONH PENN, Esq"., Lieutenant Governor, &ca. Lynford Lardner, Benjamin Chew, - Richard Penn, 5 Esq".
The Governor laid before the Board two Bills sent up by the House last Week for his Honour's Concurrence, entituled as fol- lows, vizt. :
" An Act for raising by way of Lottery, the sum of Three thou- sand and three pounds fifteen shillings, to be applied to the pay- ment of the Arrears of debt due for the finishing of St. Peter's and St. Paul's episcopal Churches, in the City of Philadelphia, and towards finishing the episcopal Church at Carlisle, and the Building of an episcopal Church in each of the Towns of York and Reading; & repairing the episcopal Church at Molatten, in Berks County, and the episcopal Church in Huntingdon Township, in York County, and for repairing the episcopal Churches at Chiches- ter & Concord, & purchasing a Globe for the Church at Chester, in the County of Chester."
" An Act for the relief of the poor."
The said Bills being read and considered, and several Amend- ments made to each of them, were ordered to be returned to the House with the same. .
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6th February, 1765.
MEMORANDUM.
The Assembly again sent up to the Governor, by two Members, the Bill for the relief of the Poor, with an answer to the Governor's Amendments, that the House adhered to the Bill with respect to fourteen principal ones, & agreed to the rest of them.
February 7th, 1765 .- The Governor returned to the House the Bill which had been sent up for his Honour's Concurrence, enti- tuled " A Supplement to an Act entituled ' A supplement to the Act entitled An Act for regulating, pitching, paving, and cleansing the Highways, Streets, Lanes, & Alleys, & for regulating, making and amending the Water Courses and Common Sewers within the inhabited and settled parts of the City of Philadelphia,'" with a verbal Message that the Governor assented thereto; and again re- turned the Poor Bill at the same time, with a reply to the answer of the House to the Governor's Amendments, that kis Honour ad- hered to his Amendments objected to by the House.
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MINUTES OF THE
February 8th, 1765 .- The Governor received a Message from the Assembly, by two Members, acquainting him that the House pro- posed to adjourn in a few days to the 13 May next, if it was agree- able to his Honour, to which the Governor made Answer that he had no objection thereto.
At a Council held at Philada. on Saturday 9th Febr"-, 1765. PRESENT :
The Honourable JOHN PENN, Esq"., Lieutenant Governor, &ca. Benjamin Chew, Richard Penn, Esqrs.
A Bill entituled " A Supplement to an Act entituled ' An Act for granting to his Majesty the Sum of £55,000, and for Striking the same in Bills of Credit in the manner herein after directed, and for providing a Fund for sinking the said Bills of Credit by a Tax on all Estates, real and personal, & taxables, within this province." Which was sent to the Governor by the Assembly on the 7th In- stant for His Honour's Concurrence, was read, and one amendment being made thereto respecting the Taxation of the Proprietarie's Lots in Burroughs and Towns, the Bill was ordered to be returned to the House with the same.
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The Governor laid before the Board a petition from several of the Justices and principal Inhabitants of Lancaster County, recom- mending as an Object of Mercy, a certain Mich1. Keener, who was convicted of Felony and Burglary at a Court of Oyer and Terminer held for the said County in May last, and received Sentence of Death, as appears by the record of his Conviction. The petition and record being read, and the circumstances of his case considered, The Council advised the Governor to grant a pardon for the said Michael Keener, which was issued accordingly.
It being considered by the Board that the money granted to his Majesty last Year was nearly expended, & that a further sum would soon be wanted for the support of the Garrison at Fort Au- gusta, till it was judged expedient to disband it, The Council advis'd the Governor to recommend it to the Assembly in a Message to provide a Fund for that purpose. A Message was accordingly sent to the House, and follows in these words, viz".
A Message from the Governor to the Assembly.
" Gentlemen :
"From the great Importance of Fort Augusta to the protection of this Province when engaged in a War with the Indians, I thought it absolutely necessary to keep a Garrison in it the last Year, and am of Opinion, that till the final Conclusion of a peace with the Savages, it will be highly imprudent to abandon that Post. The Garrison has been paid up to the first day of January last, out of
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PROVINCIAL COUNCIL.
the Supplies granted to his Majesty last Year, but as that Fund is nearly exhausted, I recommend it to you to consider & provide ways and means for the future subsistance and support of the Troops stationed there, till it may be thought advisable either to reduce or disband them.
" JOHN PENN.
" February 9th, 1765."
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Monday, 11 February.
MEMORANDUM:
The Governor returned to the House by the Secretary the Bill sent up for his Honour's Concurrence entituled " An Act to enable the Owners & possessors of a, certain piece of Marsh or Meadow Ground herein after described, situate in Kingcessing in the County of Philadelphia, & to embank and drain the same, &c., with a message that he agreed to it.
At the same time the Secretary carried down to the House the Supplementary Bill to the £55,000 act, with the amendments made to it on Saturday last.
The Governor likewise issued this day a special Commission ap- pointing Robert Levers and Christopher Waggoner, Esqrs. Justices of the Peace and of the County Court of Common Pleas for the County of Northampton.
Tuesday, 12th February.
Two Members again presented to the Governor the Supplementary Bill to the £55,000 Act, with a Verbal Message that the House adhered to the same.
And the Governor immediately returned the said Bill to the House and directed the Secretary to acquaint them that he adhered to his proposed Amendment.
Thursday, 14 February.
The Assembly sent to the Governor by two Members for his Honour's Concurrence, two Bills entituled as follows, vizt. :
" An Act for amending each and every of the Acts of Assembly of this Province, heretofore made for embanking and draining seve- ral parcels of Marshy Land, situate in the Counties of Philadelphia & Chester, and for the repairing & maintaining the banks, Dams, & Sluices thereunto belonging," and " An Act for prohibiting the Importation of German or other passengers in too great numbers in any one vessel."
246
· MINUTES OF THE
The former being read and considered, was immediately returned to the House with the Governor's assent, & the latter being a Bill of Importance, was Referred to a further Consideration.
The Governor received from the Assembly by two Members a' Message in writing, which follows in these words, viz*» :
A Message to the Governor from the Assembly.
" May it please your Honour :
" After due consideration of your Message dated the 9th Instant, we are of opinion that, as the Cannon & other Military Stores at Fort Augusta cannot be at present removed from thence, it may be prudent to defer any Resolution concerning the Evacuation of that post until further certainty of Peace being firmly established with the Indians; yet, in the mean time, as the Fund from whence that Garrison has been paid up to the first of last month, is nearly ex- hausted, we should approve an immediate reduction of the Troops stationed there; altho' in respect to disbanding the whole Garrison, we can only recommend to your Honour and the Provincial Com- missioners, when more satisfied of the Indian's Fidelity, and Con- veniency offers for Water Carriage from Shamokin, to lose no time in removing the Cannon and Stores above mentioned, & disbanding the remainder of the Garrison, in order to ease the Public of that Burthen, whenever it can be done with safety & Prudence.
"Signed by Order of the House,
"JOS. FFOX, Speaker.
" February, 1765."
Friday, February 15th, 1765.
Two Members waited on the Governor with a Verbal Message from the House, desiring to know when they might expect his re- sult upon the German Bill now before him ; to which the Governor said, that as it was a Bill of some Consequence, and required time to consider it well, he could not very soon come to a Determination on it. The Members then further addressed the Governor, and ac- quainted him that the House inclined to make their intended ad- journment to-day, and desired his Honour would be pleased to ap- point a time for passing the Bills to which he had given his assent. The Governor answered them that he should be ready for that pur- pose in the Council Chamber, at half an hour after twelve o'clock, and appointed Richard Penn, Esq"", and the Secretary to join with two members of the House, to compare the Original Bills with the engrossed Copies.
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PROVINCIAL COUNCIL.
Eodem Die, 12} o'clock, P. M.
The Governor being in the Council Chamber according to appoint- ment, Sent a verbal Message to the House by the Secretary, to ac- quaint them with the same, & to require their attendance there, that he might pass the Bills which had been agreed on.
The House having accordingly attended, Mr. Speaker presented to the Governor four Bills, intituled as follows, viz -:
" An Act for raising by way of Lottery the sum of ££3003, 15, 0, to be applied to the payment of the arrears of debt due for the finishing of St. Peter's and St. Paul's episcopal Churches in the City of Philadelphia and towards finishing others, the episcopal Churches in this province, &c."
" A supplement to an Act entituled ' a Supplement to an Act entituled . An Act for regulating, pitching, paving and cleansing the Highways, Streets, Lanes and Alleys, and for regulating, mak- ing & amending the Water Courses & Common Sewers within the Inhabited and settled parts of the City of Philadelphia. ""
" An Act to enable the Owners & Possessors of a certain piece of Marsh or Meadow Ground, herein after described, situated in Kingcessing, in the County of Philadelphia, to embank and drain the same."
" An Act for amending each & every of the Acts of Assembly of this Province, heretofore made for embanking and draining several parcels of Marshy Land, situate in the Counties of Philade, & Ches- ter, and for the repairing and maintaining the banks, dams and sluices thereunto belonging;" which his Honour enacted into Laws, and appointed Mr. Lardner & the Secretary to accompany two mem- bers of the House to get the Great Seal affixed to them, & see the same deposited in the Rolls Office.
The House then adjourned to the 13th of May next.
Thursday Morning 16 May, 1765.
Two Members of Assembly waited on the Governor and acquain- ted him that a quorum of the Representatives were met and ready to receive any Business his Honour had to lay before them. The Governor answer'd that he had no Business at present to recommend to their notice, but should soon let them know his result upon the German Bill under his Consideration.
248
MINUTES OF THE
At a Council held at Philade on Friday 17th May, 1765.
PRESENT :
The Honourable JOHN PENN, Esq" Lieutenant Governor, &ca .. Benjamin Chew Esqr.
A Bill entitled " a supplement to the Act entituled 'An Act for pro- hibiting the Importation of Germans or other passengers in too great. numbers in any one vessel,'" which was sent up to the Governor by the Assembly in February last, was read & considered, and several amendments being made thereto, it was ordered to be returned to. the house in the afternoon with a verbal message, "that as it was presented at the end of the last Sessions of the House, and is a Bill of some Importance, the Governor thought proper to keep it till this time under Consideration, & now returns it to the House with some amendments."
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