Colonial records of Pennsylvania, Vol. IX, Part 37

Author:
Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 810

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new Member of Assembly for Chester County, which follows in these Words, viz ..:

" Pennsylvania, ss :

" By a Resolve of this Assembly on the nineteenth Instant, I am impowered and directed to order the Provincial Secretary that he do issue a Writ to the Sheriff of the County of Chester, for the Election of a Member to serve as a Representative in this Assem- bly for the said County, in the room and stead of John Morton, Esquire, whose seat is become vacant. Therefore, by virtue of the said Resolve, and in pursuance of an Act of Assembly of this Pro- vince in that Case made and Provided, 1 do require that a Writ be issued to the Sheriff of the said County for the purpose aforesaid, according to the direction of the said Law, Dated at Philadelphia, the twentieth day of February, 1767.

" JOSEPH GALLOWAY, Speaker.

" To JOSEPH SHIPPEN, Jun"., Esqr., Provincial Secretary."

The Secretary communicated the same to the Governor, and a Writ was accordingly issued this day, directed to the Sheriff of Chester County.

At a Council held at Philadelphia, on tuesday 4th April, 1767.

PRESENT :

The Honourable JOHN PENN, Esq', Lieutenant Governor, &ca.

Benjamin Chew, James Tilghman, Esquires.

The Governor laid before the Board, for their consideration and Advice, a Letter from his Excellency Horatio Sharpe, Esquire, Governor of Maryland, dated the 26th March last, and also a Peti- tion from John Redick, which were read, and follows in these Words, Viz4:

A Letter to the Governor from the Governor of Maryland.

" ANAPOLIS, the 26th March, 1767. " Sir :

"John Reddick, the Bearer hereof, having represented to me and produced the inclosed Paper, (signed by several of the Jus- tices of Frederick County, in this Province), to show that some of the Inhabitants of Pennsylvania have by violence dispossessed him of a tract of Land which he had many Years held peaceably under a Maryland Patent, I have told him that as the Land lies North-

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ward of the dividing Line, which was run last Year, he must apply to your Government for Redress, and that I am persuaded you will, upon his waiting on you with a state of his Case, interfere so far as to prevent his being by violence kept out of Possession or de- prived of his Farm, unless on a fair trial some other Person can shew a better Right to it.

" I am with great Regard, Sir, " Your most obedient humble Servant, "HORATIO SHARPE.

" Governor PENN."

A Petition to the Governor from John Redick.

To the Honourable John Penn, Esquire, Governor of Pennsyl- vania.

" The Petition of John Redick, Farmer, most humbly sheweth, That your Petitioner was possessed of part of a Tract of Land, called Carrol's delight, taken up and Patented in Maryland, under the Right Honourable Lord Baltimore, in or about the Year Sev- enteen hundred and thirty-five, by Charles Carrol, Esquire, of An- apolis ; The Quit Rents arising due upon which Land, so long as your Petitioner has known it, have been annually paid to Lord Bal- timore's Agent ; That by the last Line, run as a divisional Line between the Provinces of Maryland and Pennsylvania, the same Land lies in the latter ; that a certain William Patterson, with a number of his confederates, in the absence of your Petitioner, made a forcible entry into his, your Petitioners, dwelling House, standing upon the said Land; drove from thence his Children, seized upon your Petitioner's Wheat, Spelts, Indian Corn, Rye, Flax, Hogs, Sheep, &cª. Whereupon, your Petitioner applied to a Magistrate of Frederick County in Maryland, (apprehending, and having the strongest reason to believe, that the Magistrates in York County would not concern therein, by reason of the Divisional Line aforesaid not being finally settled,) who ordered an enquiry to be made, agreeable to the statutes in such cases of forcible entry and detainer ; an Inquisition of the County and neighborhood there- upon being had, found the Entry and Detainer with force, and a Warrant was issued, directed to the Sheriff of Frederick County, to make Restitution to your Petitioner; in Obedience to which Warrant, the said Sheriff, with about thirty Men, were approaching the house aforesaid, to which, when they had got within the dis- tance of Sixty Yards, the Deforceants, with Guns pointed, ordered them not to advance a single step at the Peril of their Lives, and the said Sheriff, esteeming it dangerous to attempt forcibly to exe- cute the Warrant aforesaid, returned without more doing; That

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your Petitioner applied to the Justices of Frederick County Court, in Maryland, for their assistance, but the said Justices apprehending their Jurisdiction did not extend beyond the Line run between the Provinces aforesaid, refused to act in the Case. Your Honour's Justice and benevolence being the only Resource now left your Petitioner, he most humbly implores your Honour to take his dis- tressed Case into Consideration, and pursue such measures for his Relief as your Honour's Wisdom and Clemency will point out, and your Petitioner, as in duty bound, will pray.

" March 26th, 1767."

"JOHN REDECK.

The matter of the said Letter being duly weighed and considered, the following answer thereto was drawn up, approved, and sent to Governor Sharpe :

A Letter from the Governor to Governor Sharpe.

" PHILADELPHIA, April 5, 1768.

" Sir :

" I received your favour of the 26th March last, by Jnº. Redick, who appears to have been very injuriously and cruelly treated, and being sincerely disposed to assist him as well as to promote the Peace and tranquility of the two Provinces, I could wish it were in my power to afford him the Redress his wrongs so loudly demand. It appears that the Land of which he has been dispossessed was granted by Lord Baltimore in the Year 1735, and was possessed under that Grant in the Year 1738, when the Royal Order for settling the Temporary Line was made. By that Order, the Possession of Lands, tho' beyond the Temporary Limits prescribed by it, and the Jurisdiction of the respective Proprietors, were to remain as they then were, till the boundaries between the two Provinces should be finally settled. The right of Jurisdiction, therefore, depends on the determination of a previous Question, which is, whether what the Commissioners have done is a final Settle- ment of the Boundaries ? and I confess I cannot help being of Opinion, that as things stand the matter is not yet brought to such an Issue as to make it prudent for this Government to in- terpose on this occasion ; and I am the more confirmed in this Opin- ion, because the Jurisdiction on either side the Tangent Line still remains unchang'd, tho' the Boundaries have for some time been set up in that Line. Another consideration that induces me to de- cline any interposition in the affair is, that the Person now in Pos- session had the Deed under which he claims Recorded in Maryland, and has paid the Quit-Rent of the Land, even since the violence committed to the Agents of Lord Baltimore, and thereby, as I con- ceive, he not only hath acknowledged, but your Government hath claimed and exercised, Jurisdiction in this Case. But tho' I cannot,

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for the reasons I have offered, afford the injured Person the Relief he stands in need of, you may be assured that those who have injured him shall receive all possible discountenance from this Govern- ment.

"I have the Honour to be, with great Regard, Sir, " Your most Obedient humble Servant,

" JOHN PENN.

" To his Excellency HORATIO SHARPE, Esquire."

At a Council held at Philadelphia, on Friday 24th April, 1767.

PRESENT :

The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª,

Richard Peters,

James Tilghman,

Benjamin Chew, Esquires.

The Governor having lately received by the Pacquet, two Letters from the Right Honourable the Earl of Shelburne, one of his Ma- jesty's principal Secretaries of State, one dated the 11th Decem"., 1766, the other January 13th, 1767, laid the same before the Board for their Consideration, together with the draft of two Letters in answer to them, as also an estimate of the Annual charge of Sup- porting the Establishment of this Province, and the List of the Fees of the different Offices which they respectively refer to.

The Council having thereupon duly considered them, and ap- proved the said Answers, &cª., they were ordered to be fairly Transcribed, and forwarded by the first Conveyance. The said Letters and Answers follow in these words, viz:

(No. 1.)

A Letter to the Governor from the Rt. Hon'ble. the Earl of Shel- burne.

" WHITEHALL, December 11th, 1766

" Sir :

" I am to signify to you his Majesty's Pleasure, that you will, with as much dispatch as may be, transmit to me, for his Majesty's information, an exact Estimate of the annual Charge of maintain- · ing and supporting the entire Establishment of his Majesty's Colo- ny of Pennsylvania, distinguishing the different Funds, and the dif- ferent Services to which those Funds are appropriated.

" You will be very particular in specifying what Funds are fixed and regular, from those which are annually granted, or which expire in a given time.

"It is also his Majesty's Pleasure that you transmit to me at the same time, a full and clear account of the manner of imposing

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Quit Rents, and of levying them, as also the Mode of granting Lands in your Colony, Specifying the Amount of Arrears of Quit Rents, and the number of Grants hitherto made, and to whom ; how many Acres to each, and at what time the Grants have been made.

"I am Sir, your most Obedient humble Servant, " SHELBURNE,

" Deputy Governor of Pennsylvania."

P. S .- In your future dispatches I would recommend to you the giving every seperate Subject a seperate Letter, and the num- bering of each Letter; this method will contribute much to the Or- der and dispatch of Business.

(No. 2.)

A 2nd Letter to the Governor from the Earl of Shelburne.

"WHITEHALL, January 13th, 1767.

" Sir :

" By my Letter of 11th December, I signified to you his Majesty's Pleasure, that an exact Estimate of the Establishment of the Colo- ny of Pennsylvania should be transmitted to me, for his Majesty's information ; also a full and clear Account of the manner of grant- ing Lands and imposing Quit Rents. I am now to signify to you his Majesty's further Pleasure, that you transmit to me at the same time, the established Fees of the different Offices in the Colony, particularly the Fees and other Charges attending Grants of Lands, whether legally established or received as Perquisites, which have got a Sanction by Custom, and distinguishing each.

"I am with great Truth & Regard, Sir, " Your most Obedient humble Servant, " SHELBURNE, "Deputy Governor of Pennsylvania."

(No. 1.)

A Letter from the Governor to the Earl of Shelburne.

" PHILADELPHIA, 24th April, 1767.

" My Lord,

"I have the Honour to acknowledge the Receipt of your Lord- ship's Letter of the 11th December last, and in obedience to his Majesty's Commands therein signified, I herewith transmit for his Majesty's Information, an Estimate of the Annual Charge of sup- porting the Establishment of Pennsylvania, and at the Foot thereof,

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have noted such observations respecting the Funds established by Law, as will be sufficient to explain the nature of them, and the purposes for which they were created.

" In answer to the other part of your Lordship's Letter, respect- ing the manner of imposing Quit Rents, and granting Lands in this Colony, of which your Lordship is pleased to signify that his Ma- jesty requires a full and clear Account, I beg leave to acquaint your Lordship that the Proprietary Quit-Rents are created by way of Reservation in the Grants of Lands to the Settlers, and they are levied by way of distress according to the Laws of England, where a distress is to be found upon the Land, and if there be no distress upon the Land, an Action of debt lies against the Grantee of the Land for the Quit-Rents. These Rents, in many parts of the Pro- vince, upon the old Grants, were so trifling, that they have been a good deal disregarded, and scarcely thought worth the trouble and Expence of Collection, and have remained so long unpaid, and the Old Rent-Rolls, of Course, in so much disorder, that it would re- quire a very long time, and a great deal of Pains, to make an Es- timate of the amount of the Arrears, if it be at all practicable.

"There is no being exact as to the number of grants ; about Seven Thousand have issued since the Year 1700; and before that time there is no regular Account of any Grants by Patent. The usual mode before that time, was by Lease and Release of unlocated Quantities to be afterwards surveyed. These Deeds were not al- ways Recorded.

44 As to the Names of the Grantees, the Quantity of Land to each, and the times of the Grants, I would beg leave to represent that they cannot be given without, in a manner, copying four or five very large Folio Volumes, which contain the Registry of Grants, and · which, to extract, would require a time and Expence I can scarcely imagine his Majesty is apprehensive of. However, if it be the Royal Pleasure, it must be executed.

There are two modes at present of granting Lands in Pennsylvania : 1st. Where the Lands are settled and improved upon (as is the Case in a multitude of instances), the Improver applies for a Warrant to take up a certain quantity of Land, including his improvement, and upon paying down two-thirds of the purchase money, a Warrant is made out by the Secretary of the Land Office, under the Seal of the Office, and is signed by the Commissioner of Property, who at present is the Governor. This Warrant is sent to the Surveyor General's Office, there to be Recorded, a Copy of it is sent by the Surveyor General to his Deputy in the Country, with an Order to make a Survey. When the Survey is made, a Draft of it is re- turned into the Surveyor General's Office, whence it is certified into the Secretary's Office, and upon payment of the remainder of the purchase money with Interest, and Arrear of Quit Rent from the time of making the improvement, the Grant is made out by the Secretary of the Land Office, under the Great Seal, signed by the Commissioner of Property.

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" The other mode of granting respects uncultivated vacant Land. The Person who would take up such Land, applies to the Secetary of the Land Office, and puts in his Location, which describes the Township and County where it lies, and on whose land it bounds, if it be adjacent to any, if not, on or near what River or Creek, or other remarkable place, it is Situate, and expresses the Quantity the applier would take up. These Locations are all Numbered as they are applied for, and after being entered in their Order in a Book kept for that purpose by the Secretary of the Land Office, they are sent up in the same Order to the Surveyor General's Office, and from thence Orders are issued by the Surveyor General, still in the same Order, to his Deputies in the Country, to survey and return the Lands mentioned in the Locations. When they are surveyed, they are Returned into the Surveyor General's Office, as in Case of improved Lands, and then a Warrant issues from the Secretary's Office to the Surveyor General to accept the Survey, and certify it into the Secretary's Office, upon which, and payment of the whole purchase money, a Patent or Grant is made out by the Secretary, as mentioned above.

" I have the Honour to be, with great Respect, " My Lord, Your Lorship's most Obedient, " humble Servant, "JOHN PENN.

"To the Right Honourable the Earl of Shelburne."

An Estimate of the Annual Charge of maintaining and sup- porting the Establishment of the Province of Pennsylvania.

Salaries usually allowed by the Assembly to Officers of Govern- ment for their Services, viz" :

The Lieutenant Governor, - 1,000

The Chief Justice of the Supream Court, - 200 The two other Judges of the Supream Court, each £100 200

The Attorney General, - 75

The Clerk of the Governor's Council, - - 15

1,490

Accompts for Public Services Annually allowed by the Assembly, vizt :

The Members of Assembly, for their attendance, from £ 600 to £ 1000 $ Annum .

Several Members of Assembly for extraordinary ser-

- 800 vices 150

The Agent for the Province in London, £200 Stº. a 75 H ct. 350

The Clerk of the Assembly for his Services, about 200 Accot of Printing Laws, Votes, &ca., and for Paper - 100

Acco" of Postage of Letters, about 70

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The keeper of the Great Seal for affixing the Seal to Laws, &cª.

The Clerk of the Governor's Council, Acco" of War- rants, &cª. 15

The Master of the Rolls for Recording Laws and making Exemplifications of them - 30

- The Barrack master of Philadelphia -

- -

The Barrack master of Lancaster - 40

The Clock Maker, for his care of the State House Clock, and Accot. of other Services, about 50

Door-keeper to the Council -

Serjeant at Arms - 10

Door-keeper to the Assembly, for his Accot of Ser- vices

- 25

1,910

£ 3,400

Observations respecting the Funds in Pennsylvania.

"The foregoing Charges of Government have been usually paid by Order of the Assembly, out of the Funds arising from the In- terest of £ 80,000 in Bills of Credit, emitted on Loan at 5 $ Cent. But as that Fund, near its expiration, became diminished, and the Law establishing it required that all the Bills of Credit, emitted on Loan, should be paid in and sunk in the Year 1762, The Govern- ment Charges in the years 1760, 1761, 1762, & 1763, were defrayed out of the Money granted by Parliament to the Colonies, to Reim- burse them for their Expences in the late War.

" The same Charges have accrued in the Years 1764, 1765, & 1766, but as there have been no Funds lately subsisting, sufficient to d fray them, nor any new ones created for the purpose, the Province still remains indebted for the same.

" There have been no Funds actually fixed, nor any annually granted in this Province. The Laws which have established any have ever been occasional and limited to continue a certain num- ber of years.

" The only Funds which have been created by the late Acts of Assembly are of five kinds, and as follow, viz“ :

1st. " An Annual Interest of 5 p Ct arising on the Bills of Credit struck from time to time and emitted on Loan which inter- est hath been applied towards defraying the Charges of Govern- ment, and to such other uses as the Assenibly directed. This Fund expired as abovementioned, in y& year 1762.

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2dly. " An Excise laid on Wine, Rum, Brandy and other Spirits, of 4d. p Gallon in the year 1756, and continued Ten Years, for Sinking Thirty Thousand Pounds emitted in Bills of Credit and granted to the King's use, now Expired.

3d. "Several Taxes of Eighteen Pence in the Pound on all Estates Real and Personal, raising about £23,000 $ Annum, which is applied towards sinking and destroying the Bills of Credit issued at different Times during the late War, and granted as Supplies to the King's use. These Taxes are directed by Law to be con- tinued till the Year 1772, and as much longer as till all the Bills of Credit now Current in the Province shall be entirely sunk.

4th " A Duty laid on Negroes and mulatto Slaves imported into the Province, of £10 each, commencing in the Year 1761, to con- tinue till the Year 1768. The money arising from this Fund is ap- plied by Act of Assembly to the Payment of the Owners of negroe Slaves, Executed for Capital Crimes, and the Overplus towards Sinking the Sums of money heretofore granted to the King's use. This Duty has produced for the last 3 years about £650 $ Annm.

" 5th. A Duty Tonnage upon all Ships and other Vessels coming ·into or going out of the Province, of Six Pence P. Ton, commenc- ing the 1st of January 1765, and to continue Eight Years. This Duty produces about £970 P. Annum, and is appropriated by Law for the maintenance and Support of a Light House at the mouth of Delaware Bay, and the Buoys placed in the said Bay and River Delaware.

" Besides the above mentioned Taxes and Duties, the Inhabi- tants of this Colony annually pay other considerable Taxes for the support of the Poor, repairing Roads and Highways, and for the other contingent Charges accrueing within their respective Coun- ties. The Citizens of Philadelphia also pay Taxes for the main- tenance of the Poor, Support of the City Watch and lamps, & paving the streets, &cª.

[No. 2.]

A 2nd Letter from the Governor to the Earl of Shelburne.

" PHILADELPHIA, 25th April, 1767.

" My Lord :

" Having lately had the Honour to receive your Lordship's Let- ter of the 13th January last, signifying his Majesty's Orders that I should transmit to your Lordship the established Fees of the dif- ferent Offices in this Colony, particularly the Fees and other Charges attending the Grants of Lands, &cª., I now embrace the earliest

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Opportunity of inclosing a List of the same, and have the Honour to be with great Respect,

"Your Lordship's most Obedient humble Servant,

"JOHN PENN.

"To the Right Honourable the Earl of Shelburne."

The Governor then laid before the Board Transcripts of two Re- cords of conviction, by which it appears that at a Court of Oyer and Terminer, and general Gaol Delivery, held at new Castle, for the County of New Castle, on the 7th day of October 1766, be- fore John Vining, Jacob Vanbebber, Richard M'William and John Clowes, Esquires, the Justices of the said Court, assigned &cª., John Scarlet was tried and convicted of feloniously stealing a Mare, the Property of Caleb Perkins, on the 26th of May, 1765, and also of Feloniously stealing a Gelding, the property of William Shipley, the younger, on the 23d of May last, and did receive Sentence of Death for the said Crimes respectively.

The Council having considered the Case of the said John Scarlet, and that the Justices of the said Court recommended him as an Ob- ject of Mercy, advised the Governor to issue a Pardon for him, which his Honour accordingly granted.

The Governor also laid before the Board another Transcript of a Record of Conviction, whereby it appears, that at a Court of Oyer and Terminer and general Gaol delivery, held at Dover, for the County of Kent, on the 28th Day of March last, before John Vining, Esquire, and other his Associates, Justices of the said Court assigned, Rachel Francisco was tried and convicted of Felony and Murder, committed on her own Bastard Male Child, on the 7th of February last, and had received Sentence of Death for the same.

The Board took this matter into Consideration, and it appearing that the Justices of the said Court were of Opinion that there were several favourable Circumstances in the Tryal of the said Rachel Francisco, and had strongly recommended her as an Object truly worthy of Compassion and Mercy, The Governor, by the advice of the Members present, was pleased to grant the said Rachel Fran- cisco A Reprieve for twelve Months, Provided no Orders should come from the Crown for her Execution before the Expiration of the said Term.

Tuesday 5th May, 1767.

MEMORANDUM.

Two Members of Assembly waited on the Governor, and ac- quainted him that the House were met pursuant to adjournment, . and Requested to know his Honour's Result on the Stave and Pilot Bills, which had been under his consideration since the last sitting of the House, and that they were ready to receive any business he

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might have to lay before them. The Governor made Answer, that the House might expect to hear from him very soon with respect to those Bills, but that he had no particular business at present to recommend to them.

At a Council held at Philadelphia, on Saturday 9th May, 1767. 1

PRESENT :

The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª.

Benjamin Chew,

Richard Peters, Richard Penn, Esquires. James Tilghman, S

The Governor laid before the Board a Bill sent up Yesterday by the Assembly for his Concurrence, entituled "An Act to amend the Act entituled 'An Act for establishing Courts of Judicature within this Province,'" which was read and ordered to be laid by for a future Consideration.

Two Members of Assembly waited on the Governor, and delivered him a Written Message from the House, in the following Words, and at the same time laid before his Honour the Petition therein Referred to :

A Message to the Governor from the Assembly.

" May it please your Honour :

" Upon Enquiry into the matters contained in this Petition bere- with laid before you, we find that a Company of Conoy, Nanticoke, and Delaware Indians came last Winter into the Township of Mill- ford, in the County of Bucks, settled on the Lands of Peter Tuck without his Permission, destroyed a valuable part of his Timber, and by their disorderly and insolent Behaviour when under the in- fluence of Spirituous Liquors, which they found means to procure, notwithstanding the Act of Assembly to the contrary, gave great cause of uneasiness and Terror to the Inhabitants; And as it is very probable the same Indians may return next Winter, and Quar- rels ensue between them and the People, which may tend to disturb the Peace now so happily established between this Government and the Natives, We beg leave to request your Honour would take such measures as you may think most effectual to secure the public Safety, by preventing the mischiefs which are likely to attend their return.

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Colonial records of Pennsylvania, Vol. IX, Part 37

Author: Publication date: 1838 Publisher: [Harrisburg] : By the State Number of Pages: 810

Author:
Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 810