USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 33
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The Board taking these several Cases into due Consideration, and no Circumstances having been reported to the Governor by the Justices of the Said Supream Court, nor otherwise appeared in their favour, excepting with respect to John Christ, the Board were of Opinion that the Sentences of the Court against Dennis Scanlan and Abraham Ryall should be put into Execution, and a pardon granted to John Christ.
The Governor accordingly signed Warrants for the Execution of the two former, on Saturday the 18th of October, Instant, and is- sued a pardon for the latter.
At a Council held at Philadelphia, in the Council Chamber, on Wednesday the 15 October, 1766.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c.
Benjamin Chew, Richard Penn, Eqrs.
Eight Members of Assembly waited on the Governor last night, and acquainted him that pursuant to the Charter and Laws of this Province, a Quorum of the Representatives had met, and having proceeded to chuse their Speaker, desired to know when he would be pleased to receive the House, that he might be presented for his Honour's Approbation.
The Governor having appointed this day at 12 O'clock for that purpose, acquainted the House by the Secretary, that he attended his appointment in the Council Chamber, and was ready to receive the House with their Speaker.
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The whole House accordingly came up, and presented Joseph Galloway, Esqr., as their Speaker, who, after receiving the Gover- nor's Approbation, claimed the usual Privileges in the name and behalf of the House, viz :
Ist. That the better to discharge the Business of the public, they may at all seasonable times have free access to the Governor. 2dly. That their persons may be protected from all Arrests & Insults during the time of privilege accustomed.
3dly. That it may please the Governor to take no Notice of any Report that may be made touching any matter or thing that may be moved or debated in the House until the same shall have passed into Resolves, nor give the least Credit to such Report.
These being requested by the Speaker, as the Rights and Privi- leges of the Freemen of Pennsylvania, derived & confirmed to them by the Charter and Laws of the Province, and the Speaker further requesting of his Honour that his own unwilling mistakes may be excused, and not imputed to the House, the Governor was pleased to make answer that he looked upon them to be essential in a Re- presentative Body, and the House might depend on his care in pro- tecting them therein.
The Governor afterward informed the Board that on the 1st of August last, Mr. John Cox, Jun'", of this City, presented him a Memorial, setting forth that on the 19th day of June last, when the Sheriff of Lancaster County, with a Jury, were, pursuant to an Order of Court, about to make a view of a Tract of Land in con- test between the said Mr. Cox, and Robert Potts, and about to run its Boundaries, the Sheriff was interrupted by Thomas Forster, Esqr-, one of the Justices of the Peace for the said County of Lan- caster, at the head of a mob of about 25 men, armed with Clubs and other Dangerous Weapons, who, together with the said Thomas For- ster, and at his instigation, abused and assaulted the Sheriff and Jurors, broke the Surveyor's Chain, and committed many Acts of Violence and Outrage; that, altho' the Sheriff produced and published his Authority, Mr. Forster treated him with very offensive and oppro- brious Language, and took great pains to inflame the Minds of his Adherents, and provoke them to a forceable opposition of the Sheriff ; That the Sheriff called upon him at several times, to exert his Au- thority as a Magistrate, to command and keep the Peace, which he refused to do; and that upon being told the Governor should be made acquainted with his Conduct, he damned his Commission, &cª.
His Honour further informed the Board that he immediately communicated to Mr. Forster, by Letter, the above Charges against him, in order to give him an Opportunity of exculpating himself, and desired him, if he intended to make any Justification of his Conduct, to acquaint him with the time he proposed to bring down his Witnesses for that purpose, that Mr. Cox might have Notice to attend; But that Mr. Forster had neglected to answer his Hon-
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our's Letter, or to say any thing in his own Vindication ; And that he had since been well informed that Mr. Forster, with several per- sons, were indicted for the Misdemeanors above mentioned, at the last Court of Quarter Sessions at Lancaster.
The Council taking this matter into Consideration, were of Opin- ion that Mr. Forster ought no longer to be continued in the Com- mission of the Peace; The Governor, therefore, issued a Supersea- deas to remove him from the Magistracy.
At New-Castle, Tuesday the 21st October, 1766, A. M.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &c .; and
Richard Penn, Esquire.
Three Members of the Assembly of the Government of the Lower Counties waited on the Governor with a Message from the House, that they had met yesterday, pursuant to the Charter and Laws of the Government, had chosen their speaker, and desired to know when and where they might present him to his Honour for his approbation. The Governor having answered them that he should be ready to receive the House immediately at his Lodgings, They accordingly attended, and presented Mr. John Vining as their Speaker, who, after being approved by the Governor, claimed, in behalf of the House, the usual privileges, which were allowed, and then they withdrew.
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Eodem die, P. M.
A Message was delivered to the Governor by three Members, acquainting him that the House were duly qualified, and desired to know if his Honour had any Business to lay before them. The Governor answered that he had nothing to recommend to them, and desired they would proceed to do the business of their present Session.
At a Council held at New Castle, on Saturday the 1st Nov"., 1766.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca.
Benjamin Chew, Esquires.
Richard Penn,
The House having yesterday and this day sent up to the Gover- nor Eight Bills for his perusal and concurrence, his Honour laid
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them before the Board for their consideration. The Board accord- ingly read and considered Six of the said Bills, entituled, as follow, viz':
1. " An Act to enable a Majority of the owners and possessors of the Marsh and Cripple lying on prime hook Creek, in the County of Sussex, on Delaware, to Embank and Drain the same, and to keep the outside Banks and Dams in good repair forever."
2. " An Act for the more effectual draining and improving the Marsh on the North End of the Town of New Castle, in the Tenure and Occupation of John Finney, Esq", the Revd Aneas Ross, James Sykes, Esq", and John Maxwell, the Heirs of Benjamin Price, Dan- iel McLonen, Robert Morrison, John Silsbee, George Munro, Esq", and Nathaniel Silsbee."
3. " An Act to enable the Owners and Possessors of the Marsh and Cripple, lying upon Blackbird's Creek in Appoquinimink Hun- dred, and County of New Castle, on Delaware, to embank and drain the same, and to keep the outside Banks and Dams in good repair forever."
4. "An Act to enable the owners of a piece of Marsh, on the South side of Pertdie Creek, fronting the river Delaware, effectu- ally to embank and drain the same, and to oblige all the Owners of the Marsh, situate on the said river, inclosed by a Bank running from a point of fast Land of Jonas Stidham to Delaware aforesaid, and down the same, to the Southermost point of the fast Land of James Eves, to keep the same Bank and Dam in good repair for- ever, and to raise a Fund to defray sundry contingent and yearly Expenses accruing thereon.".
5. "An Act for aiding the discontinuance of the Process of the Supreme Court in the County of Sussex, and for appointing other days for holding the said Court within the said County."
6. "An Act directing the choice of Inspectors and Assessors in this Government, and for the Amendment of an act entituled 'An Act for raising Rates and Levies,'" Which were returned to the House by the Secretary, with a few Amendments made to the three first, and a verbal Message that the Governor agreed to the three last mentioned Bills.
Then were also read the two other Bills, entituled,
1. "An Act to enable Mary Sykes, an Infant, by Guardian, to suffer common Recoveries of her real Estate in the Counties of New Castle and Kent, in order that the same may be held by her in Fee Simple."
2. "An Act for the amending the Laws relating to Testamentary Affairs, and for the better Settling Intestates' Estates."
Which being duly considered, were returned to the House by the Secretary, with a verbal Message concerning the former, and a written Message respecting the latter. The said Messages follow in these words, viz“ :
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Verbal Message to the House, delivered by the Secretary.
" Sir :
" The Governor returns the Bill entituled 'An Act to enable Mary Spykes, an Infant, by Guardian, to suffer common Recoveries of her real Estate, &c.,' and desires me to inform the House, that the reasons set forth in the Bill, do not appear to him of sufficient Weight, or of so much benefit & advantage to the Infant as to in- duce him to give his assent to alter & change the nature and Quality of the Estate she holds under the will of the Donor, Robert French; and further, that he apprehends those in reversion or re- mainder, whose Interests are to be affected in this case, ought to have had notice of the Bill before it passes into a Law. Where- fore, at present, he cannot assent to it."
A Message from the Governor to the Assembly.
3% Gentlemen :
"I have considered the Bill entituled 'An Act for the amending the Laws relating to Testamentary affairs, and for the better set- tling Intestates' Estates,' with as much Care as the shortness of the time and the attention I have been obliged to pay to several long Bills just returned to you, would admit of.
" The Motives which led you to the framing this Bill are very laudable ones, and I am most heartily disposed to concur with you in every Measure that can be devised for effectually securing minors and Orphans in the Enjoyment of their Estates ; but as I imagine the Sessions is drawing to a Conclusion, the present Bill appears to me of so much Importance, and of such a Nature, as to require more thought & Consideration than I can now give it. I therefore pro- pose, if it is not disagreeable to you, to take my Leisure to consider it during the recess of the House, and to return it at the next Sessions, with my Sentiments upon it.
" JOHN PENN.
"New Castle, 1st November, 1766."
It being represented to the Governor that three Magistrates were wanted in Kent County, to accommodate the Inhabitants of those parts, where no Justice of the Peace lives within many miles dis- tance; And Jacob Stout, Fenwick Fisher, and Thomas Tilton, being recommended as proper & fit persons for that purpose, The Governor, with the advice of the Council, ordered a new General Commission of the peace to be prepared, leaving out such of those named in the last Commission as refused to qualify, and appointing the above named Gentlemen in their stead.
A Commission was accordingly this day issued, assigning the members of Council and the following Gentlemen, Justices of the
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Peace and of the County Court, Court of Common Pleas, for the County of Kent, Viz":
John Caton, Richard Wells,
John Barns, James Sykes,
William Rhoades,
Thomas Irons, Andrew Caldwell, Caeser Rodney,
William Rodney,
Charles Ridgely,
Robert Holliday, John Clark.
Robert Killen, Jacob Stout, Fenwick Fisher, Thos. Tilton.
Eodem Die, 7 o'clock, P. M.
Three Members of Assembly waited on the Governor and ac- quainted him that the House were very thankful to his Honour for his Message concerning the Bill for amending the Laws relating to Testamentary Affairs, and settling Intestates' Estates ; But that, as it was a Bill which the House had much at heart, and had given great attention to, during their last as well as present Sessions, & would, if passed into a Law, be of very considerable Use and Bene- fit to their Constituents, The House earnestly requested the Gov- ernor would be pleased to take it under his Consideration at this Sessions, and that, unless the public Business of Pennsylvania require his immediate attendance at Philadelphia, The House were inclined to sit as many days longer as the Governor should think requisite, in order to deliberate upon a Bill of so much Importance to the Government.
Whereupon the Governor resumed the Consideration of the Bill for amending the Laws relating to Testamentary Affairs and better settling Intestates' Estates ; and after some time spent therein, having made several material Amendments to it, returned it to the House, with a verbal Message by the Secretary, "that his Honour had made some hasty amendments to it, and, if the House agreed to them, was ready to pass the Bill into a Law, tho' he should have been glad to have had it in his power to give more time in the Con- sideration of it."
Eodem die, 11 o'clock, P. M.
The House sent a Message to the Governor by three Members, acquainting him that they had acceded to the Amendments proposed by his Honour to the Intestate Bill, as well as to The others which
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had been returned to the House; and they desired the Governor would be pleased to appoint a time for passing the Bills. His Honour having answered, that he was then ready to receive the House, They immediately attended at his Lodgings, and the Speaker pre- sented the Seven Bills agreed on, which the Governor enacted into Laws, signed a Warrant for affixing the Great Seal thereto, and di- rected the Secretary to accompany two Members of Assembly, to see them Sealed and deposited in the Rolls Office. The Speaker then delivered to the Governor Orders on the Trustees of the Loan Office for £200, for which he returned Thanks to the House.
7th November, 1766.
MEMORANDUM.
It being represented to the Governor that two Justices of the Peace were wanted in Berks County, in the room of William Maug- ridge and Jacob Levan, Esqrs., deceas'd, and Sebastian Zimmerman and Nicholas Harmony, being recommended as Proper and fit Per- sons to be Commissionated for that purpose, The Governor according- ly appointed them by issuing a special Commission, assigning the said Sebastian Zimmerman and Nicholas Harmony, Justices of the Peace and of the County Court of Common Pleas for the said County of Berks.
At a Council held at Philadelphia, on Saturday the 15th of November, 1766.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c.
Benjamin Chew, Richard Penn, Esqrs.
The Governor having, on Saturday last, received by the Packet the following Letters, laid them before the Board for their Conside- ration, viz' .: Two from the Right Honourable the Earl of Shelburne, one of His Majesty's Principal Secretaries of State; one dated the 9th of Aug., 1766, inclosing his Majesty's Order in Council of the 8th of the same Month, and the other bearing date the 13 Septem- ber last. Also, a Letter from the Right Honourable the Lord's Commissioners for Trade and Plantations, dated the 1st of August, 1766, which were read, and are as follow, viz *:
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A Letter to the Governor from the'R't. Hon'ble. the Earl of Shel- burne.
" WHITEHALL, 9th August, 1766.
" Sir :
The King having been pleased to make an Order in Council, bearing date the 8th Instant, which revokes and repeals every Clause and Article contained in the Order made by his late Majesty in Council, on the 11th day of March, 1752, I transmit to you here- with, in Obedience to the above mentioned Order, a Copy of the same for your Information and Observance.
"I am, with great Truth and Regard, Sir, "Your most Obedient humble Servant,
"SHELBURNE.
" Deputy Governor of Pensilvania."
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Copy of His Majesty's Order in Council, dated the 8th Aug'st, 1766.
" At the Court at St. James's the 8th day of Aug., 1766.
"PRESENT :
"THE KING'S MOST EXCELLENT MAJESTY.
" Lord President, Earl of Hillsborough,
"Lord Privy Seal,
Earl of, Shelburne,
" Duke of Grafton, Viscount Falmouth,
"Earl of Hertford,
Mr. Secretary Conway.
"Whereas there was this day laid before his Majesty, at this Board, an Order made by His late Majesty in Council on the 11th day of March, 1752, containing several Rules and Regulations re- lating to his Majesty's Colonies and Plantations in America, par- ticularly with respect to the Correspondence to be carried on be- tween the Lords Commissioners for Trade and Plantations & the Governors of the said Colonies and Plantations respectively. His Majesty, taking the aforementioned Order into his Consideration, is hereby pleased, with the advice of His Privy Council, to revoke and repeal the same, and every Clause, Article and thing therein contained. And His Majesty doth hereby signify his further plea- sure that the Lords Commissioners for Trade and Plantations do cause a Copy of this Order to be entered upon the Books of the Planta- tion Office ; And that one of his Majesty's Principal Secretaries of State do cause Copies thereof to be sent to the_Governors of his Majesty's Colonies and Plantations in America, to the End that all Persons concerned may govern themselves accordingly.
" And his Majesty doth hereby further Order that the said Lords Commissioners for Trade and Plantations do prepare the Draft of
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an additional Instruction to be sent to the Governor's and Com- manders in-Chief of all his majesty's said Colonies and Plantations respectively, as well in America as elsewhere, revoking and annul- ling all and every such part & parts of the general Instructions to them as do direct the said Governors to correspond in matters rela- tive to their said . Governments respectively, with the said Lords Commissioners for Trade and Plantations only, and signifying his: Majesty's Pleasure that in all Cases where the said Governors are di- rected and required to transmit any particular or general Accounts. of their Proceedings or of matters relative to their Government, they do, for the future, transmit the same to his Majesty, by one of his Majesty's Principal Secretaries of State, and also Transmit Duplicates thereof to the Lords Commissioners for Trade and Plan- tations for their Information, except in Cases of a Secret Na- ture.
"W. BLAIR."
A Letter to the Governor from the Rt. Honble. the Earl of Shel- burne. WHITEHALL, September 13th, 1766:
" Sir :
"Advices having been received from His Majesty's Superinten- dants for Indian Affairs, that the most unprovoked Violences and Murthers have lately been committed on the Indians under the protection of his Majesty, and whose Tribes are at present in peace and Amity with his Majesty's Provinces, and that the Offenders- have not yet been discovered and brought to Justice, & likewise that Settlements have been made on the back of the Provinces without proper Authority, and beyond the Limits prescribed by His Majesty's Royal Proclamation of 1763, and in some places- even beyond the utmost Boundaries of any Province in America, & that in consequence the Indian Nations Do everywhere discover the greatest discontents and resentments, which may endanger the .peace of his Majesty's Provinces, and the Safety of his Subjects.
"It is therefore his Majesty's Commands, that you do apply yourself in the most earnest manner to remedy and prevent those. Evils which are as contrary to the Rules of good Policy, as of Jus- tice and Equity.
" The Violation of those Principles, attended also with so many Dangers to the Provinces, is what cannot be permitted. If a due Obedience had been paid to his Majesty's Royal Proclamation, and a due attention given to proper Restraints on the Conduct of the Indian Traders, these Evils would have been effectually avoided.
" His Majesty's Commander-in-Chief has received express Orders to cooperate with the civil Government for the enforcing a due obe-
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dience to that Proclamation, and His Majesty requires and expects every measure to be taken which prudence, shall dictate for the re- moving such Settlers, preventing in future any such Settlements as are contrary to the Intention of it, and for apprehending such Offenders whose daring Crimes have so direct a Tendency to involve the whole of His Majesty's Provinces in America in an Indian War.
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" I am with great Truth and Regard, "Sir, " Your most Obedient " humble Servant, " SHELBURNE.
"Deputy Governor of Pensilvania."
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A Letter to the Governor from the R't Hon'ble the Lords Commiss'rs for Trade, &ca.
" WHITEHALL, August 1st, 1766. " Sir :
"In pursuance of an Address of the House of Commons to his Majesty, on the 27th of March last, and of His Majesty's Com- mands thereupon, signified to us by His Grace the Duke of Rich- mond in a Letter to us, dated the 11th ult., you are forthwith to prepare, & as soon as possible transmit to us, in Order to be laid before the House of Commons in the next Session, a particular and exact account of the several manufactures which have been set up and carried on within the Colony under your Government since the Year 1734, and of the publick Encouragements which have been given thereto.
" You are also from time to time annually to transmit the like Account of any Manufactures which shall be hereafter set up, and of the publick Encouragements which shall be given thereto.
" We are, Sir, Your most Obedt Servts.,
" DARTMOUTH,
" ED. ELIOT, " JOHN ROBERTS,
" WM. FILCHERBEIT, " PALMERSTON.
" JOHN PENN, Esquire, L' Gov" of Pennsylvania."
The Board taking into Consideration the Subject of the Earl of Shelburne's Letter of the 13th of September, advised the Governor to write immediately to the Governor of Virginia, pursuant to the Opinion of the Assembly, expressed in their Message of the 12th of September last, desiring he would unite with this Government in
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taking the most expeditious and effectual Steps to remove the In -- truders on the Lands Westward of the Allegheny Mountains, agree- able to his Majesty's Proclamation of 1763, and also requesting- him to give an answer to his Honour's Letter of the 11th March last, respecting the murder of the Indian near Fort Cumberland by Samuel Jacobs. The following Letter was accordingly prepared, and sent to Governor Fauquiere by the Post, viz" :
A Letter from the Governor to the Governor of Virginia .. " PHILADELPHIA, 15th Novem"" 1766:
" Sir :
" I am under the necessity of troubling you on a matter of very great Importance to the future well-being of all His Majesty's Colonies, but which more immediately concerns the safety of his: Subjects within your and my Governments.
Since the conclusion of the late Treaties of Peace and Friendship with the several Northern and Western Tribes of Indians, many ill' disposed persons, in contempt of the Royal Proclamation of the 7th: of October, 1763, and in' violation of the Rights of the Natives, have without authority either from me, or I presume from the Gov- ernment of Virginia, dared to Seat themselves on Lands near Red- stone Creek & the Monongahela, of which the Indians have repeat- edly complained, with great Justice, to the Agents for Indian affairs, and intimated that unless redress is given them for these violences,. the Peace so happily established cannot long continue.
In obedience to his Majesty's Instructions of the 24th of October,. 1765, a copy whereof I herewith send you, I have issued Procla- mations commanding all persons who have made such Settlements- within this Government, forthwith to evacuate them. But as I ex- pect very little regard will be paid thereto, I think it my Duty to take other more effectual measures.
In September last, I laid these matters before my Assembly, who- after due Consideration, gave it as their advice, that I should apply to you to co-operate with me on this Occasion. This advice will appear very reasonable and proper, when it is considered that as the Boundary Line between Virginia & Pennsylvania has not yet been ascertained, and it is probable the Settlements made by those law- . less People, may shelter themselves uzder an unsettled or disputed Jurisdiction, by which means it may be difficult, if not impossible, to comply with his Majesty's Orders, unless both Governments con- cur in one and the same measure. It therefore becomes a duty in me to apply to you on this Occasion, and to desire you will be pleased to unite with me in taking such Steps for the removal of the Settlers on the Monongahela Lands as may be thought most expedient & proper ; and I have the pleasure to inform you that if, after legal and prudent measures have been taken, a Military Force
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