USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 38
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" Signed by Order of the House, JOSEPH GALLOWAY, Speaker.
VOL. IX .~ 25.
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MINUTES OF THE
May 9th, 1767.
It having been several times represented to the Governor that the Inhabitants in about Fort Bedford, and in Sherman's Valley, were in great Necessity for Justices of the Peace to reside among them, and James Elliot, Bernard Dougherty, and George Robinson, being well Recommended as the most proper and best Qualified Persons in those parts of the Country to execute the duty of Magistrates, the Governor, with the advice of the Board, ordered special Commis- sions to be issued, appointing them Justices of the Peace and of the County Court of Common Pleas for the County of Cumberland.
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At a Council held at Philadelphia, on Monday 11th May, 1767.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c.
Richard Peters,
Benjamin Chew,
Esquires.
Lynford Lardner,
The Bill entituled " An Act to prevent the Exportation of bad and unmerchantable Staves, Heading, Boards, and Timber, was con- sidered, and the following amendment being made thereto, was Or- dered to be returned to the House with the same:
"Amendment to the Bill entituled "An Act to amend the Act enti- tuled ' An Act to prevent the Exportation of bad and Unmerch- antable Staves, Heading, Boards, and Timber.'"
" Page 3. Dele from the word [that] in the 4th Line to the word [and] exclusive, in Line 9, and instead thereof insert as follows, viz": [if any Staves, Heading, Boards, Plank, or Timber, shall at any time after they have been inspected and examined by the pro- per Officer, be sold to any Person or Persons, before they are La- den or put on board any ship or Vessel for exportation, they shall, on such Sale, be again Submitted by the Vender or Seller, to the Examination of the Said Officer, or one of his Deputies, and so as- often as any Sale thercof shall be made ]."
The Governor having been applied to by several of the Justices of Lancaster County, some time ago, to appoint another Magistrate within the Borough of Lancaster, where only two for the County . reside, and the said Gentlemen, as well as others, having Recom- mended James Bickham as a person of Integrity and ability, and qualified to execute that Office, the Governor, by the advice of the Council, ordered a special Commission to be issued, appointing the said James Bickham a Justice of the Peace and of the County Court of Common Pleas for the County of Lancaster.
ty, Ga of of the ciou ters of th unde and again date Repri dice gi any 0 menti Will
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PROVINCIAL COUNCIL.
The consideration of the Circuit and Pilot Bills was deferred till the next meeting of the Council.
The Governor laid before the Board a Transcript of a Record of Conviction, by which it appears that at a Court of Oyer and Ter- miner and general Gaol delivery, held at Philadelphia, for the County of Philadelphia, the 10th day of April last, before William Coleman and Alexander Stedman, Esquires, two of the Justices of the said Court assigned, &c' Arthur McNealy was tried & con- victed of the Murder of Mary McNealy, his Wife, on the 3d day of January last, and had receiv'd Sentence of Death for the same.
This matter being taken into consideration, and it appearing that some favourable circumstances attended the Case of the said Ar- shur McNealy, which appeared from the Evidence at his Tryal, The Governor was pleased to grant the said McNealy a Reprieve until his Majesty's Gracious Pleasure should beknown, which follows in these Words, viz4:
" [L. S.] JOHN PENN, Esquire, Lieutenant Governor, and Commander-in-Chief of the Province of Pennsylvania, and Counties of Newcastle, Kent, Sussex, on Delaware.
" To the Sheriff of the City and County of Philadelphia,, Greeting :
" Whereas, Arthur McNealy, late of Philadelphia Coun -. ty, Labourer, at a Court of Oyer and Terminer and general Gaol Delivery, held at Philadelphia, for the said County of Philadelphia the tenth day of April last, was convicted of the. murder of Mary McNealy, his Wife, and did then receive Sentence of Death for the same; And Whereas, for divers good Reasons me thereto, especially moving, I am desirous that the Execution of, the said Sentence of Death should be Respited until his Majesty's gra- cious Pleasure be known ; Know, therefore, that by virtue of the Let- ters Patent granted unto the late Proprietary and Governor in Chief of the said Province and Counties, and the powers derived to me under the same, I do hereby Reprieve the said Arthur McNealy,- and do suspend the Execution of the Sentence of Death awarded, against him for the Term and Space of Twelve Months from the date hereof; Provided always, that this present Instrument of Reprieve, and the full force and Effect thereof, shall upon, due no- tice given, immediately cease and Terminate by, and be subject unto any Order or direction that may at any time, within the space above- mentioned, come from Great Britain, to signify his Majesty's Royal. Will and Pleasure relating thereto; Hereof you are to take due
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notice, and to stay the said Execution accordingly, as you will az- swer the contrary at your Peril.
" Given under my hand and the Great Seal of the said Province, at Philadelphia, the twentieth day of May, in the Seventh Year of the Reign of our Sovereign Lord George the third, by the Grace of God, of Great Britain, France, and Ireland, King Defender of the Faith, &ca., Annoque Domini, One Thousand seven hundred and Sixty-seven.
" JOHN PENN."
At a Council held at Philadelphia on Thursday, 14th May, 1767.
PRESENT:
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca.
Benjamin Chew, Richard Pean, Lynford Lardner, James Tilghman, S
Esquires,
The House having again sent up to the Governor the Bill for preventing the Exportation of bad and unmerchantable Staves and Heading, &62%, with a Verbal Message that they adhere to the Bill as it stands, The Governor laid the same before the Board, who advised him to return it to the House with a Message acquainting them that he recedes from his proposed amendment.
Then the Bill for appointing Wardens for the Port of Philadel- phia was reconsidered, and the following Amendments were made to it and ordered to be sent to the House with the Bill.
Amendments to the Bill entituled "An Act for appointing War -. dens for the Port of Philadelphia, &.ca.
" Page 18, Line 13. instead of the word [Eighty ] say [Fifty.]
" Page 32, Lines 6 & 7. Dele the words [for and during the space of three Years,7 and instead thereof insert the words [to the eighth day of February, which will be in the year of our Lord 1769.]"
The Assembly's Message of the 9th Instant being taken into consideration, the Secretary was ordered to deliver to the House the following Verbal Message in Answer thereto, viz:
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" The Governor orders me to acquaint the House that he has con- sidered their Message of the 9th Instant, and will take every pre- . caution in his Power to prevent any future uneasiness and Terror to the Bucks County People, by the Indians returning to settle : among them."
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PROVINCIAL COUNCIL.
The Bill for amending the Act for establishing Courts of Judica- ture within this Province, was reconsidered, and some Amendments were proposed & ordered to be laid by with the Bill, for further con- sideration.
The 15th May, 1767, A. M.
MEMORANDUM.
The Governor sent the Secretary to the Assembly with the follow- ang Message to the House, viz:
" Sir :
" The Governor requests the House will furnish him with a list of the Certificates drawn by the Assembly, which the Notes or Bills ordered to be struck by the Bill entituled 'An Act for raising the Sum of £ 20,000 for the support of the Government of this Pro- vince, and payment of the Public Debts,' now under his considera- tion, are intended to discharge or satisfy."
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Eodem die, P. M.
Two Members of Assembly waited on the Governor and delivered him an Account of the amount of Certificates granted by the As- sembly for the discharge of the Publick Debts, agreeable to his Request of this Morning.
At a Council held at Philadelphia, on Saturday 16th May, 1767.
PRESENT ..
The Honourable JOHN PENN, Esquire, Lieutenant Gover- mor, &cª.
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Richard Peters, Thomas Cadwallader, Esquires.
Benjamin Chew, Richard Penn,
The Governor laid before the Board two Bills sent up on Thurs- day last by the House of Assembly for his Concurrence, entituled
1. "An Act for raising the Sum of Twenty Thousand Pounds for the Support of the Government of this Province and Payment of the Publick Debts."
2. "'An Act for raising, by way of Lottery, the Sum of Four Hundred and ninety nine Pounds nineteen shillings, to be applied to the Payment of the Arrears of Debts due for the building and
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finishing the German Lutheran Church in Earl Township, Lancaster County, and towards Erecting and building a School House to the said Church."
Both which were Read and Considered, and there appearing to the Board no Objection to them, they were ordered to be returned with a Verbal Message to the Assembly, that the Governor agreed to pass them.
The Board then resumed the consideration of the Bill entituled "An Act for establishing Courts of Judicature, &sa.,?" and the folk- lowing amendments thereto were agreed on and ordered to be carried to the House with the Bill:
Amendments to the Bill entituled "An Act to amend the Act fox establishing Courts of Judicature within this Province."
" Page 1, Line 2. instead of the word [impracticable] say [in- convenient. ]
" Page 3, Live 8. After the word [the] insert the words [Gov- ernors appointing.]
" Same Pa., Line 13. After the word [that] insert as follows, viz: [there shall be five Persons of known Integrity and ability Commissionated by the Governor of this Province for the time being, by several distinct Patents or Commissions, under the Great Seal of this Province, to be Judges of the Supream Court, one off whom shall be distinguished in his Commission by the Name of the Chief Justice, and every of the said Judges shall have all the Powers, Rights, Authorities, Jurisdictions, and priviledges, as are given to the Supream Judges by the above recited Ast of Assembly, and that].
"Same Page, penult & last Lines. Dele the words for any two of them 7.
" Page 4, Line 5. After the word [they] add [or any two of them ].">
18th May, 1767.
MEMORANDUM.
The two following Bills, which were sent up to the Governor by the Assembly on Saturday last, were considered, and no objections appearing against them, the Governor returned them by the Secre- tary to the House; that he agreed to pass them into Laws :
"An Act to enable the Owners and Possessors of League-Island to keep the Banks, Dams, & Sluices, in good Repair for ever, and to raise a Fund to defray the Expences thereof."
"An Act for the Relief of Thomas Cotterell Grove, Frederick Pepler, Samuel Watts,. Azariah Vaun, Thomas Mullan, Matthew Warburton, James Martin, and Thomas Lemon,, Languishing Pris-
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PROVINCIAL COUNCIL.
oners in the Gaol of Philadelphia, with respect to the Imprisonment of their Persons."
At a Council held at Philadelphia, on Wednesday 20th May, 1767.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca.
Richard Peters,
Richard Penn,
Benjamin Chew, Esquires.
The Governor laid before the Board two Bills, sent up Yesterday by the House of Assembly for his Honour's Concurrence, entituled, "An Act to amend the Act entituled 'An Act for establishing Courts of Judicature within this Province.'"'
"An Act for confirming the Estate of Philip Fox, in certain Lands mortgaged in the General Loan Office, some of the Title Deeds whereof there deposited are lost," which were Read and con- ' sidered, & ordered to be immediately returned to the House, with a Message that the Governor agreed to Pass them.
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Eodem die, 1 o'Clock, P. M.
Two Members of Assembly waited on the Governor and ac- quainted him that the House being inclined to adjourn this After- noon, Requested to know when they should attend his Honour for passing the several Bills which had received his Assent, and to ap- point some members of Council to assist in comparing the en- grossed Bills with their Originals.
The Governor answered, that he should be ready for passing the Bills at 6 O'Clock this Afternoon, and would, in the mean time, ap- point A Member of Council with the Secretary to assist in collating them.
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Council Chamber-Eodem die, 6 O'Clock.
The several ingrossed Bills being compared with their Originals and found to agree, the Secretary, by the Governor's directions, acquainted the House that His Honour was in the Council Cham- ber and required their attendance, that he might enact into Laws the several Bills which had been agreed on.
The whole House attending accordingly, the Speaker presented to the Governor the following Bills, which he was pleased to cnact into Laws, and issued a Warrant for affixing the Great Seal thereto, Viz' :
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1. "An Act for raising £20,000 for the Support of the Govern- ment of this Province, and Payment of the Publick Debts."
2. "An Act' to amend the Act entituled 'An Act for Establish- ing Courts of Judicature in this Province.'"
3. "An Act for appointing Wardens for the Port of Philadelphia, and for the better regulating Pilots plying in the River and Bay of Delaware, and the price of Pilotage to and from the said Port."
4. "An Act for raising, by way of Lottery, the Sum of Four hundred and ninety-nine Pounds Nineteen Shillings, to be applied to the payment of the arrears of Debts due for the building and finishing the German Lutheran Church in Earl Township, Lan- caster County, and towards erecting and building a School House to the same Church."
5. " An Act to enable the Owners and Possessors of League Island to keep the Banks, Dams, and Sluices, in good Repair for ever, and to raise a Fund to defray the Expences thereof."
6. " An Act for confirming the Estate of Philip Fox, in certain Lands Mortgaged in the general Loan Office; some of the Title Deeds whereof there deposited are lost."
7. " An Act to amend the Act entituled ' An Act to prevent the Exportation of bad and unmerchantable Staves, Heading, Boards, and Timber."
8. " An Act for the Relief of Thomas Cotterell Grove, Frederick, Pepler, Samuel Watts, Azariah Vaun, Thomas Mullan, Mathew Warburton, James Martin, and Thomas Lemon, Languishing Pri- soners in the Gaols of Philadelphia, Chester, and Lancaster, with Respect to the Imprisonment of their Persons."
The Speaker then, in behalf of the House, delivered to the Gov- ernor two Certificates, One for Nine Hundred Pounds, and the other for Five Hundred Pounds, which had been allowed of by the House, as being in full of the Governor's Support to this Time, for which his Honour was pleased to return them thanks.
Two Members afterwards waited on the Governor and acquainted him that the House proposed to adjourn to Monday the 14th of September next, to which his Honour had no objections.
At a Council held at Philadelphia, on Monday 14th Sepr., 1767.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª.
Richard Peters,
Benjamin Chew,
Richard Penn,
Lynford Lardner, Thomas Cadwallader, & Esquires.
The Governor acquainted the Board that, as the time appointed. by Law for holding the Supream Court of this Province was near
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at hand, it now became necessary for him to appoint four Judges of that Court, pursuant to the late Act of Assembly entituled " An Act to amend the Act entituled 'An Act for establishing Courts of Judicature within this Province,'" and having then named to the Board several Gentlemen whom he had thought of to Execute those Offices, he desired they would consider of the most Proper Persons for that Purpose.
The Board having taken this matter into consideration, The Gov- ernor, by their advice, issued four distinct Commissions, continueing William Allen, Esquire, Chief Justice, and William Coleman, Es- quire, Second Justice of the Supream Court, and appoint John Lawrence and Thomas Willing, Esquires, the other Justices of the said Court; His Honour also issued a general Commission, appoint- ing the same Gentlemen Justices of the Court of Oyer and Ter- miner and General Gaol Delivery.
The Board then recommended it to the Governor to appoint Charles Jolly and James Young of Philadelphia County, and John Kidd of Bucks County, Justices of the Court of Quarter Sessions of the Peace and of the County Court of Common Pleas, for their respective Counties ; and his Honour accordingly signed three spe- cial Commissions for that Purpose.
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Tuesday 15th Septem"., 1767.
MEMORANDUM.
Two Members of Assembly waited on the Governor, and ac- quainted him that the House were met pursuant to adjournment, and were ready to receive any Business he might have to lay be- fore them, to which his Honour was pleased to answer, that he had nothing particular to recommend to them at this time.
Thursday 24th September, 1767.
The Governor received a Message from the House by two Mem- bers, acquainting him they were desirous of breaking up this Week, and requesting his Honour would be pleased to let them know his Result on the Bills under his Consideration.
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At a Council held at Philadelphia, on Friday 25th Sep- tem"., 1767.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca.
Richard Peters, Richard Penn,
Benjamin Chew, James Tilghman, } Esquires.
The Governor laid before the Board four Bills, sent up by the Assembly for his Concurrence, which were Read and considered, and are entituled as follows, viz *:
Ist. "An Act to enable the managers of the Contributions for the Relief and employment of the Poor in the City of Philadelphia, to borrow a further Sum of Three Thousand Pounds;" which was returned to the House. with one Amendment.
2nd. " An Act for Obliging the Sheriffs and Treasurers of the several Counties within this Province, and the Collector of the Du- ties of Tonnage, to give sufficient Sureties for the faithful Execution of their Trusts," which being approved, was returned to the House with the Governor's Assent.
3. " An Act for the support of the Government of this Prov- ince and Payment of the Publick Debts."
4. " An Act for recovering the Monies outstanding on mort- gages taken by the late Trustees of the General Loan Office of this Province," which two last Bills were referred to a further Consider- ation.
The Governor sent a verbal Message to the House by the Secre- tary, desiring them to furnish him with a List of the Certificates referred to in the Bill for the Support of the Government of this Province and Payment of the Publick Debts.
Eodem die, P. M.
Two members of the House brought to the Governor a List of the Certificates referred to in the Bill for the support of Government.
Then the consideration of the Bill for the Support of Govern- ment was resumed, and the same being agreed to, was ordered to be returned with the Governor's Assent, and the following Message to the House, viz1.
A Message from the Governor to the Assembly.
" Gentlemen :
" I perceive by one of the Certificates sent me to Day in pursu- ance of my Message by the Secretary, that Mr. Goddard, without my Privity or direction, hath been employed to print the Laws passed at the last Sessions. Upon this Occasion, Gentlemen, I can-
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not avoid observing that the Statutes in England are ever printed by the King's Printer, and that as the King's Representative in this Province, I have a right to direct the Printing of the Laws, or at least, that I am intitled to a Share in the Nomination of the Per- son appointed to that Service, and tho' I shall not at this time Ob- ject to Mr. Goddard being satisfied for Printing the Laws, yet, I think it proper to inform you, that I consent to his allowance with a Reservation of the Right of Nominating, or at least of sharing in the Nomination of the Person to be employed in that Service on any future Occasion.
" JOHN PENN.
"September 25th, 1767."
The Bill entituled " An Act for recovering Monies outstanding on Mortgages," was also reconsidered, and ordered to be returned to the House with the following Amendments, Viz":
"Amendments to the Bill entituled "An Act for recovering the Monies outstanding on Mortgages taken by the late Trustees of the General Loan Office of this Province."
"Page 5, Lines 11 & 12. Dele the Words [Provincial Treasurer and his Successors ], and insert [Samuel Preston Moore].
" Page 6, Lines 6 & 7. Dele the Words [Treasurer and his Suc- cessors ], and insert [Samuel Preston Moore, and such other Person as in case of the Death or Removal of the said Samuel Preston Moore, shall be by Act of Assembly appointed to Succeed him in the Trust reposed in him by this Act].
"Same Pa., Lines 10 & 11. Dele the word [Treasurer] and in- sert [Samuel Preston Moore].
" Pa. 7, last line but one. Dele the Word [Treasurer] and insert [Samuel Preston Moore, or such other Person as shall or may be appointed to succeed him as aforesaid7.
" Page 9, Line 8. Dele the Words [Treasurer and his Succes- sors ], and insert the Words [Samuel Preston Moore, and such other Persons as may be appointed to succeed him, in manner aforesaid.] " Page 9, last line. Dele the words [Treasurer and his Succes- sors ], and insert the same Words as in the last amendment.
"Pa. 10, Lines 10 & 11. Dele the Words [Treasurer and his Successors 7, and insert the same Words as in the last amendment.
" Pa. 12, lines 7 & 8. Dele the Words [Treasurer and his Suc- cessors , and instead thereof insert as before.
" At the End of the Bill insert the following Paragraph, viz":
"[And be it further enacted by the Authority aforesaid, that the said Samuel Preston Moore, and the Person who may succeed him as aforesaid, shall keep a distinct Account of all such Monies as He or they shall receive for Interest due on any of the Bonds or mort- gages aforesaid, which Interest money shall remain in his hands,
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Subject to the application and disposal of the Governor and As- sembly ]."
The following Message was then drawn up and approved, and the Secretary directed to deliver the same to the House, viz' .:
A Message from the Governor to the Assembly.
" Gentlemen :
"On the 15th of August, 1766, I publish'd a Proclamation, offering a Reward to any Person or Persons who should apprehend any or either of a Sett of Villains who had been concerned in many daring Burglaries and Robberies in and near the City of Phila- delphia, so that he or they should be convicted thereof, in a due Course of Law. I am now to inform you that David Clark hath entitled himself to the said Reward, by pursueing and apprehending, and prosecuting to Conviction, David Smith, one of the Burglars. I therefore request you will make provision for the paying the said Reward, and defraying any extraordinary expences he may have been put to in bringing the Offender to Justice.
"September 25th, 1767."
" JOHN PENN.
Saturday 26th September, 1767.
The Secretary carried to the House the two Bills considered Yes- terday Afternoon, and the Messages then agreed to.
Two Members again brought up to the Governor the Bill for re- covering Monies outstanding on Mortgages, with an Answer from the House, that they agreed to all the Governor's amendments except the last, with respect to which they adhered to the Bill.
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Eodem die, P. M. 1
The Governor, by the Secretary, returned to the House the Bill for recovering Monies outstanding on Mortgages, with a Message acquainting them that he adhered to his last proposed amendment, and that he would be ready at 5 o'Clock, to pass such Bills as had been agreed to.
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Council Chamber, 5 o'Clock, P. M.
The Governor sent a Message to the House by the Secretary re- quiring their attendance in the Council Chamber, that he might pass the Bills which had received his Assent.
The House accordingly attended, and the Speaker presented to the Governor the three following Bills, which he was pleased to enact into Laws, and issued a Warrant for affixing the Great Seal to them, and appointed Mr. Tilghman and the Secretary to accom- pany two Members of the House to deposit them in the Rolls Office :
"An Act to enable the managers of the Contributions for the Relief and Employment of the Poor in the City of Philadelphia, to borrow a further sum of £ 3,000."
"An Act for obliging the Sheriffs and Treasurers of the several Counties within this Province, and the Collector of the Duties of tonnage, to give sufficient Sureties for the faithful Execution of their T'rusts."
"An Act for the support of the Government of this Province and payment of the Publick Debts."
The Speaker then presented to the Governor a Certificate for £ 500 in full of his Support for the last Year, for which his Honour returned his thanks to the House.
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