USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 29
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such case made and provided, and make return thereof to me, together with this Writ.
"Given under my hand & the Lesser Seal of the said Province, at Philadelphia, this nineteenth day of October, in the fifth Year of his Majesty's Reign, and in the Year of our Lord, one thousand seven hundred & sixty-five.
"JOHN PENN.
"By His Honour's Command, "JOSEPH SHIPPEN, Jr., Secretary."
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New Castle, Monday 21st October, 1765, P. M. PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c.
Richard Penn, Esq".
Three Members of Assembly of the Government of the Lower Counties waited on the Governor with a Message from the House, that they had met pursuant to the Laws and character of this Government, had proceeded to chuse their Speaker, and desired to know when and where they might present him for his Honour's ap- probation. The Governor acquainted them that he should be ready to receive the House to-Morrow Morning at ten o'Clock.
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Tuesday 10 o'Clock, A. M.
The House attended the Governor at his Lodgings, and presented Jacob Kollock, Esq.", as their Speaker, who being approved by His Honour, claimed the usual rights & priveleges of the House, which were allowed, & then they withdrew.
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New Castle, Saturday, 26th October, 1765, P. M.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª.
Richard Penn, Esquire.
Three Members waited on the Governor with a verbal Message from the House, that they inclined to adjourn to the 26th of May next, if his Honour had no objection thereto, and begged to known when it would be agreeable that the House should wait upon him to pay their Compliments; To which the Governor answered VOL. IX .- 19.
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that he was well satisfied with their proposed adjournment, & should be ready to receive the House immediately. The House attending at the Governor's Lodgings, the Speaker addressed himself to the Governor & acquainted him, that as the Circumstances of the pre- sent times might make it necessary for the House to meet again in the Spring, they had concluded to adjourn till the 26th of May, to which time they should postpone the matters now before them ; and as they should then immediately proceed on their Business, they did not desire the Governor would give himself the trouble of at- tending at New Castle on that day, but at any other time after- wards, when it might be more convenient to him to come, in order to finish the public Business. He at the same time thanked the Governor in the name of the House, for his ready & punctual at- tendance on the Business of this Government, and presented him with Orders on the Trustees of the Loan Office for £200, for which His Honour returned the House thanks, & said he should at all times think it his Duty regularly to attend the publick Business of the Government.
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At a Council held at Philadelphia, on Friday 10th January, 1766.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca.
Richard Peters,
Lynford Lardner, ? Esquires.
Benjamin Chew,
Richard Penn,
The Governor laid before the Board a Letter from His Excel- lency, General Murray, Governor of Quebec, inclosing an Exem- plified Report of the loss sustained at Montreal, by a Fire, in May last, amounting to £87,580 8, 10}, Sterling, & applying to this Government for some relief to the unhappy Sufferers. The said Letter was read and follows in these words, viz":
A Letter to the Governor from his Excellency General Murray.
" QUEBEC, 29th June, 1765. " Sir :
" I make no doubt that your Excellency must have heard, some time since, of the Melancholy accident that happen'd by Fire on the 18th day of May last, to the poor people of Montreal, in this Gov- ernment. On the news reaching this place, the Governor and Coun- cil assembled to consider what was most proper to be done for the immediate relief of the unhappy Sufferers; & thereupon it was re- solved that two Members of the Council should go to Montreal, as Commissioners to enquire into the Event of this dreadful Calamity,
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and to apply thereto such assistance as to them should seem fitting, and also to procure every necessary Information, in order to make a true Report of the real loss sustained by the Inhabitants ; Which the head of every Family has attested upon Oath, amounting in the whole to £116,773, 18, 6, Current Money of this Province, or £87,580 8, 105, Sterling, Copy whereof accompanies this under the Broad Seal of the Province & My Signature thereto.
" It would be needless, Sir, to say any thing upon this Occasion to induce your Excellency and your Council to exert your Influ- ences and good Offices in so laudable a Work, as that of the pre- vailing with the affluent in your province, to contribute their mite to the relief of the Miserable Sufferers, who having lost almost all they were worth before, by the ravages of War and the non-pay- ment of their paper Money, there remained nothing to compleat their wretchedness but this unhappy accident. I cannot omit on this Occasion applauding in the Strongest manner the behaviour of his Majesty's new Subjects in this Province ; a seasonable relief at this time must rivet their Affections to the British Government, & silence those among them who would insinuate that the Professors of our Religion do not possess the Christian Virtue to an Eminent Degree.
" I have the honour to be, with great truth & Regard, Sir,
" Your most obedient and most Faithful humble Servant,
"JA. MURRAY.
" To His Excellency, the Governor of the Province of Pennsyl- vania."
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The Council taking the matter of the foregoing Letter into Con -. sideration, advis'd the Governor to recommend the same to the. Assembly by a Message, which was drawn at the Table, and follows. in these words, vizt .:
A Message from the Governor to the Assembly.
" Gentlemen :
"I sometime ago received a Letter from his Excellency General" Murray, Governor of Quebeck, informing me of the melancholy accident that happen'd by Fire on the 18th of May last, to the poor people of Montreal, with an Estimate of their whole Loss, amounting to £87,580 8, 10} Sterling, both which the Secretary will lay be- fore. The case of the unhappy persons who have suffer'd so greatly by this misfortune, is truly affecting. I do, therefore, most heartily recommend them to you as proper Objects of your Benevolence & Charity, and have not the least reason to doubt but you will Con- tribute to the utmost of your Abilities towards their relief.
. " JOHN PENN.
" January 10th, 1766."
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A Bill entituled "An act to repeal the Act entitled' "An Aot to enable the Inhabitants of the Borough of Lancaster, in the County of Lancaster, to raise Money on themselves for supporting a night- Jy Watch in the said Borough, and for other purposes therein mentioned,' " being sent up for the Governor's Concurrence, was- read and ordered to be returned to the House of Assembly with a message by the Secretary, that bis Honour agreed to it.
The Governor issued a special Commission appointing Alexander Stedman, Edward Shippen, & Isaac Saunders, Esquires, Justices of the Court of Oyer & Terminer and General Gaol delivery, for the County of Lancaster.
The Governor having sometime since received a Letter from his- Excellency Major General Gage, dated the 13th last month, inclos- ing Sundry Letters and other papers, relative to the conduet of the Rioters in Cumberland County, laid the same before the Council, which was read, & the Letter from the General was ordered to be- entered, and is as follows, vizt :
A Letter to the Governor from General Gage.
"NEW YORK, 13th Decem"., 1765.
" Sir :
"Some papers, relative to the former riots committed on the Frontiers of Pennsylvania, were put into my hands sometime ago, tho' the little prospect there appear'd to be of bringing the Offen- ders to Justice, made me not trouble you with them at that time ; But the extraordinary Outrages and lawless proceedings committed again lately by the people near Fort Loudon, obliges me not only to trouble you with the above papers, to set the former affair in its- true Light, but also to transmit you the accounts which I have re- ceiv'd of the late infamous transactions of one of the same Soun- drels, called Smith, and bis rebel Clan, who was before complained of. If any shadow of Law or Justice remains in Pennsylvania, I am confident that you will leave no method untried to bring these lawless Villains to condiga punishment. I have not heard that any man bas been killed, & it may, therefore, he better that the Officer prevented his men from Firing, but if he had returned the Fire of those Ruffians and killed as many as he was able, I conceive he- would have acted consistent with the laws of bis own & of every other civilized Country.
" I have the honour to be, with great Regard, Siz, "Your moss Obed't. h'ble Servant, "THOR GAGE
·" Ron'ble Lieutt Gov". PENN."
The sundry Letters and Papers having been taken into due Con- sideration, the Board were of opinion that William Smith, Esq'., one- of the Justices of the Peace for the County of Cumberland, has, in
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the course of the Transactions of the Rioters there, been very ne- gligent in his duty in not using his best endeavours to put a stop to their illegal Proceedings ; but on the contrary, in favouring and countenancing them in a manner tending to reflect great dishonour on the Government. The Council, therefore, advised the Governor to issue a Supersedeas to remove the said William Smith from the Magistracy, and also, to desire the Chief Justice to send a Writ, directed to the Sheriff of Cumberland, for apprehending James Smith, one of the Principals & Ringleaders of the Rioters in the said County ..
Jamy. 15th.
MEMORANDUM.
The Governor, agreeable to the advice of the Council on the 10th Inst'- issued a Supersideas for William Smith, Esq".
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Friday, 31st January, 1766.
Mr. Willing, a Member of Assembly, waited om the Governor, and informed him that the House were preparing a Bill for the re- gulation of Pilots plying in the River Delaware, in which it would be necessary to appoint seven Persons to officiate as Wardens of the Port of Philadelphia, & that the House had directed him to confer with the Governor about the Proper Men to fill the said Offices. Whereupon, the Governor agreed that Able James, Robert Morris, John Nixon, Peter Reeve, Oswald Eve, Michael Hulings, & Tho- mas Penrose, should be the Persons inserted in the Bill for that purpose.
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At a Council held at Philadelphia, on Monday the 3d Feb- ruary, 1766.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca.
Benjamin Shoemaker,
Benjamin Chew, Esa rs.
Richard Penn,
The Governor laid before the Board five Bills, which the Assem- bly had sent up for his honour's concurrence, entituled as follow, vizt:
" An act for the better employment, relief, & support of the Poor within the City of Philadelphia, the district of Southwark, the Townships of Moyamensink & Passyunk, & the Northern Liberties."
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" An act to prolong the time limited for drawing the Lottery in- stituted and directed to be drawn in and by Virtue of an act enti -- tuled ' an Act for raising by way of Lottery, the Sum of £3,003 15, 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 for appointing a manager in the room of Henry Harrison, Esquire, deceas""""""
" A Supplement to the Act entituled 'an Act for regulating and continuing the Nightly Watch, and enlightening the Streets, Lanes and Alleys of the City of Philadelphia, &ca.'"
" An Act to prevent cutting or damaging the ropes used by the Ferrymen on Shuylkill or elsewhere within this Province."
"An Act to prevent the destruction of small Fish, and the ta- king of Oysters, and the bringing them into this Province out of Season."
Which Bills were severally read and considered, & some Amend- ments being made to the first, the Secretary was directed to return it to ye House with the same, & also the other four, with a verbal Message that his Honour agreed to them.
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Wednesday 5th February, 1766, P. M.
The Assembly having last Week sent up to the Governor for his: concurrence two Bills entituled
" An Act directing the choice of Inspectors, & for holding the. General Elections in this Province ;" and
"An Act for appointing Wardens for the Port of Philadelphia, & for regulating the Pilots plying in the river Delaware, and the price of Pilotage to & from the said port;" They were this day duly considered, and some amendments being made to them, his- Honour directed the Secretary to return them to the House with the same ..
Thursday the 6th February .
Two Members of Assembly waited on the Governor, & presented to him for his Concurrence, two Bills entituled as follow, viz" :
" A Supplement to the Act entituled, 'a supplement to the Act entituled An Act for regulating, pitching, paving & cleansing the- Highways, Streets, Lanes and Alleys, of the City of Philadelphia, &ca.' "
"4 An Act for the relief of the Poor."
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PROVINCIAL COUNCIL.
At a Council held at Philadelphia, on Friday the 7th February, 1766.
PRESENT :
The Honorable JOHN PENN, Esquire, Lieutenant Gov- nor, &ca.
Lynford Lardner,
Richard Penn,
Benjamin Chew, r Esq™s.
Two Members of Assembly waited on the Governor, and ac- quainted him that the House had agreed to the amendments to the Bill for appointing Wardens for the Port of Philadelphia, &ca., and were inclined to make an Adjournment to-morrow, if the Busi- ness under Consideration could be finished by that time.
The Governor laid before the Board 3 Bills sent up by . the House for his Concurrence, entituled
" An Act for the relief of the Poor."
" A Supplement to the Act entituled ' A Supplement to the Act entituled ' An Act for erecting a Light House at the Mouth of the Bay of Delaware, or at or near Cape Henlopen, for placing and fix- ing Buoys in the said Bay and River Delaware.'"
" A Supplement to the Act entituled ' A Supplement to the Act entituled An Act for regulating, pitching, paving and cleansing the Highways, Streets, Lanes, & Alleys, in the City of Philadelphia, &ca .; '" which being read and considered, were ordered to be re- turned to the House with several Amendments made to the first, & a Message that his Honour agreed to the two last mentioned.
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Saturday, 8th February, 1766. Two Members of Assembly again presented to the Governor the Bill for the relief of the Poor, with an answer to the Governor's amendments, wherein the House agreed to several of the small ones, and adher'd to the Bill with respect to the most material, and requested his Honour's Concurrence therein. They at the same time acquainted his Honour that the House in- clined to adjourn in the afternoon, & desired he would be pleased to appoint a time for passing the several Bills which were agreed to. The Governor answered them that he should be ready for that purpose in the Council Chamber, at 5 O'clock this afternoon, and appointed Richard Penn, Esq"., and the Secretary, to join with the Members of the House to collate the Bills in the mean time.
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The Governor, by the secretary, returned the Bill for the relief of the Poor, with a verbal Message to the House that he adhered to his Amendments.
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Council Chamber, 5 o'Clock, P. M.
The several engrossed Bills being compared and found to agree with the Originals, The Governor sent the Secretary with a verbal Message to the House, acquainting them that he was in the Council Chamber, and required their attendance, that he might pass the Bills which he had been agreed on. The whole House attending accordingly, the Speaker presented to the Governor ten Bills, enti- tled as follow, viz. :
" An Act to repeal An Act entituled ' An Act to enable the In- habitants of the Borough of Lancaster in the County of Lancaster, to raise Money on themselves for Supporting a Nightly Watch in the said Burough, and for other purposes therein mentioned.'"
" An Act to prolong the time limited for drawing the Lottery instituted and directed to be drawn in and by virtue of An Act en- tituled ' An Act for raising, by way of Lottery, the sum of £3,003 15,'" &cª.
" An Act directing the choice of Inspectors, and for holding the General Elections in this Province."
" An Act for the better employment, relief, and support of the Poor within the City of Philadelphia, the district of Southwark, the Townships of Moyamensink and Passyunk, & the Northern Liberties."
" A Supplement to the Act cntituled ' An Act to continue an Act entituled An Act for regulating and continuing the Nightly Watch, and enlightening the Streets, Lanes, & Alleys of the City of Phila- delphia,' " &cª.
"An Act to prevent cutting or damaging the ropes used by the Ferrymen on Schuylkill or elsewhere within this Province."
" An Act to prevent the destruction of small Rock Fish, and the taking Oysters, & bringing them into this Province out of Season."
" An Act for appointing Wardens for the Port of Philadelphia, and for the regulating Pilots plying in the River & Bay of Delaware, & the price of Pilotage to and from the said Port."
"A Supplement to the Act entituled 'A Supplement to the Act entituled An Act for regulating, pitching, paving, and cleansing the Highways, Streets, Lanes, and Alleys of the City of Philadel- phia, &ca.'"'
"A Supplement to the Act entituled 'A Supplement to the Act entituled An Act for erecting a Light House at the Mouth of the Bay of Delaware, at or near Cape Henlopen, &ca,'"'
Which Bills the Governor was pleased to enact into Laws, & signed a Warrant for affixing the Great Seal thereto, and they were ordered afterwards to be deposited in the Rolls Office.
The Speaker then acquainted the Governor that the House had agreed to adjourn to Monday the 5th day of May next, & at the same time presented to his Honour a Certificate for & 500; for which he returned thanks to the House.
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10th February, 1766.
MEMORANDUM.
This day the Governor wrote the following Letter to Major Gene- ral Gage in answer to that from his Excellency, dated the 13 December last.
A Letter from the Governor to Major General Gage.
" PHILADELPHIA, February 10, 1766.
" Sir :
"Sometime ago I was honour'd with your Letter of the 13th Decem'-, inclosing Copies of sundry Letters and other papers relative to the Conduct of the Rioters in Cumberland County. I was much surprized to hear of any new Disturbances between his Majesty's Troops and those lawless ungovernable people, and cannot but feel the greatest concern to find, by the accounts you have given me, that they have again presumed to commit further outrages, and in- sult the King's Garrison. Whatever is in my power to be done on this occasion, in a due Course of Law, to bring the offenders to Justice, you may be assured shall not be neglected ; and I am in great hopes my endeavours herein will be attended with better suc- cess than in the former Case. I sometime since issued a Supersedeas for William Smith, the Justice who has been suspected, and appears now to have countenanced the designs and proceedings of the Rioters. The Chief Justice has also issued a Writ for apprehending James Smith, their head & Ringleader, which has been transmitted to the Sheriff of Cumberland, to be duly executed. I have not yet heard of his success, but would fain hope that Villain may be taken, and we shall be able, by his means, to discover and take some of the other principals.
"I have the Honour to be, with great regard, Sir, " Your most Obedient Humble Servant, " JOHN PENN.
"To his Excellency Major Gent GAGE."
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At a Council held at Philadelphia, on Wednesday the 19th Feb- ruary, 1766.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca.
Lynford Lardner,
Benjamin Chew, Esqrs.
Richard Penn,
The Governor laid before the Board a Letter he lately received by the packet from the Right Honourable Henry Seymour Conway,
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Esqr., one of his Majesty's principal Secretaries of State, dated the 24th October last, expressing the King's concern at the late Com- motions in some of the American Colonies, which happen'd on account of a late Act of Parliament for collecting Stamp Duties, and set- ting forth his Majesty's pleasure respecting the Conduct to be ob- served by this Government in case any such disturbances should take place in Pennsylvania, which Letter being read, was ordered to be enter'd, & follows in these words, vizt :
A Letter from the R't. Hon'ble. H. S. Conway, Esq'r., to the Gov- ernor.
"ST. JAMES', October 24th, 1765.
" Sir :
" It is with the greatest Concern that his Majesty learns the dis- turbances which have arisen in some of the North American Colo- nies. If this Evil should spread to the Government of Pensil- vanyia, where you preside, the utmost exertion of your prudence will be necessary so as justly to temper your Conduct between that Caution & Coolness, which the delicacy of such a Situation may demand on one hand, and the vigour necessary to suppress outrage and violence on the other. It is impossible at this distance to assist you by any particular or positive Instruction, because you will find yourself necessarily obliged to take your resolution as particular Circumstances & Exigencies may require.
" His Majesty, & the Servants he honors with his Confidence, cannot but lament the ill-advis'd Intemperance shown already in some of the provinces, by taking up a Conduct which can in no way contribute to the removal of any real Grievance they might labour under, but may tend to obstruct & impede the Exertion of his Ma- jesty's benevolent attention to the Ease & Comfort, as well as Wel- fare of all his people.
"It is hoped and expected that this want of Confidence in the justice and tenderness of the Mother Country, & this open resistance to its authority, can only have found place among the lower & more ignorant of the People. The better & wiser part of the Colonies will know that Decency and Submission may prevail, not only to redress Grievances, but to obtain Grace & Favour, while the outrage of a public violence can expect nothing but severity & chastise- ment.
"These sentiments you and all his Majesty's Servants, from a sense of your Duty to, and love of your Country, will endeavour to excite and encourage ; You will, all in a particular manner, call upon them not to render their Case desperate; you will in the strongest Colours represent to them the dreadful Consequences that must inevitably attend the forcible and violent resistance to Acts of the British Parliament, and the scene of Misery and Ca- lamity to themselves, and of Mutual Weakness & Distraction to both Counties inseparable from such a conduct.
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PROVINCIAL COUNCIL.
" If by lenient and persuasive Methods you can contribute to re- store that Peace, and Tranquility to the Provinces on which their Welfare and Happiness depend, you will do a most acceptable and essential Service to your Country ; But having taken every step which the utmost Prudence and lenity can dictate, in Compassion to the folly & Ignorance of some misguided People, You will not, on the other hand, fail to use your utmost power for the repelling all Acts of outrage & Violence, and to provide for the Maintenance of Peace and good Order in the Province, by such a timely Exer- tion of Force as the Occasion may require, for which purpose you will make the proper Applications to General Gage, or Lord Colvill, Commanders of his Majesty's Land and naval Forces in America. For, however unwillingly his Majesty may consent to the Exertion of such powers as may endanger the safety of a single Subject, yet can he not permit his own Dignity and the Authority of the British Legislature to be Trampled on by Force and Violence, and in avow'd Contempt of all Order, Duty and Decorum.
" If the Subject is aggrieved, he knows in what manner legally and constitutionally to apply for relief ; but it is not suitable, either to the safety or Dignity of the British Empire, that any Indivi- duals, under the Pretence of redressing Grievances, should presume to violate the public Peace.
" I am, with great Truth and Regard, Sir, "Your most obedient humble Servant, "H. S. CONWAY.
" Deputy Governor PENN."
The above Letter having been taken into due Consideration, and an answer thereto prepared, in order to be transmitted by the next pacquet, the same was approved by the Board, and is as follows :
A Letter to the Right Honble H. S. Conway, Esquire, from the Governor.
" PHILADELPHIA, 19th February, 1766.
" Sir :
" I had the honour of your Letter of the 24th October last, re- specting the ,Disturbances which have lately been committed in several of the North American Colonies. Give me leave to as- sure you, Sir, that no one of his Majesty's Servants is more sensi- ble than I am of the Rashness and Folly of those who have been concerned in these Outrages, which at the same time that they violate the Public Tranquility and set Government at nought, are undutiful and affrontive to the best of Kings, and productive of the most dangerous Consequences. I am sorry to be under the necessity of informing you that the dissatisfaction with some of the late Acts of the British Legislature (particularly the Stamp Act) is almost universal in all the Colonies on the Continent, and pre- vails among all Ranks and Orders of Men ; but I should do great injustice to Numbers of his Majesty's faithful Subjects, if I did
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