USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 39
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Monday 28th September, 1767.
MEMORANDUM.
Mr. Charles Brockden, being rendered, by his Age and Infirmi- ties, incapable of executing any longer the Office of Master of the Rolls for the Province, the Governor thought it proper to remove him, and was pleased to appoint William Parr, Esquire, to the said Office, in his Room, by a Commission under the Great Seal of the Province.
At a Council held at Philadelphia, on Monday 5th October, 1767.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Gov- ernor, &c2,
Benjamin Chew & James Tilghman, Esquires.
The Governor laid before the Board the Returns of Sheriffs and Coroners for the Counties of Philadelphia, Bucks, Chester, Lancaster, Berks, Northampton, New Castle, Kent, and Sussex,
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which being duly considered, the following Persons were appointed and commissionated as the Sheriffs and Coroners for their respective Counties, viz* :
Joseph Redman,
Sheriff,
Philadelphia County.
Caleb Cash,
Coroner, Sheriff,
Chester
John Trapnall,
Coroner,
William Buckman,
Sheriff,
Bucks
William Doyle,
Coroner,
Sheriff,
Berks
Henry Haller,
Coroner,
James Webb, JunT.,
Sheriff,
Lancaster Do
Mathias Slough,
Coroner,
John Jennings,
Sheriff,
Northampton Do.
David Barringer,
Coroner,
New Castle Do
James Walker,
Coroner,
James Wells,
Sheriff, 1 Kent Do.
Solomon Wallace,
Coroner,
Rhoads Shankland,
Sheriff,
Sussex
William Parker,
Coroner, S
The Governor then laid before the Board a Transcript of a Record of Conviction, Signed by the Clerk of the Supream Court, by which it appears that, at a Court of Oyer and Terminer and gene- ral Gaol Delivery, held at Philadelphia, for the County of Philadel- phia, on the 23d day September last, before William Allen, William Coleman, John Allen, and Thomas Willing, Esquires, Justices of the Supream Court, and of the said Court of Oyer and Terminer for the Province of Pennsylvania, a certain David Smith was tried and convicted of Felony and Burglary, committed in the Dwelling House of John Stillwaggon, in the Township ot the Northern Liberties, in the County of Philadelphia, on the 29th Day of July, 1766, and had received Sentence of Death for the same. The _ Board took the said matter into consideration, and the Justices of the said Court having reported to the Governor that no favourable Circumstances appeared in the Tryal of the said David Smith, were of opinion that the Sentence of the Court should be executed against him, and the Governor, by their advice, signed a Warrant for his Execution, on Saturday, the 17th Instant.
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Tuesday the 6th of October.
The Returns of the Sheriffs and Coroners for York and Cumber- land Counties being now made, the Governor appointed and Com-
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John Morton,
Jasper Scull,
John Thomson,
Sheriff,
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missionated the following Persons as Sheriffs and Coroners for their respective Counties, vizt :
David McConaughty,
Sheriff, - York County.
John Adlam, John Holmes,
Coroner,
Sheriff,
Cumberland Do.
James Jack,
Coroner,
At a Council held in the Council Chamber on Wednesday the 15th of October, 1767.
PRESENT :
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The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &ca.
Benjamin Chew,
James Tilghman.
Richard Penn, Esquires.
Eight Members of Assembly waited on the Governor Yesterday, 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 forenoon at 11 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. The whole House then waited on the Governor, and presented Joseph Galloway, Esquire, as their Speaker, who after receiving the Governor's approbation, claimed the usual Priviledges in the name and behalf of the House, viz* :
" Ist. That the better to discharge the business of the Publick, they may at all seasonable times have free access to the Governor. "2dly. That their Persons may be protected from all Arrests and Insults during the time of Priviledge 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, untill the same shall have passed into Resolves, nor give the least Credit to such Report.
"4thly. That his own (the Speaker's) unwilling mistakes may be excused, and not imputed to the House."
These being requested as the Rights and Priviledges of the Free- men of Pennsylvania, derived and confirmed to them by the Char- ter and Laws of the Province, the Governor was pleased to make Answer that he thought them inherent in a Representative Body, and he should be careful to protect the House therein.
The Governor, by the advice of the Council, issued a Warrant to Respite the Execution of the Sentence of Death against David Smith till Saturday, the 24th Instant, on which day the Sheriff is
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commanded in the said Warrant to execute the said Sentence with full Effect, between the Hours of ten in the Forenoon and Four in the Afternoon. 1
At New Castle, Wednesday the 21st of October, 1767.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª,
Benjamin Chew, Esquire.
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 yesterday, pursuant to the Charter and Laws of the Government, had Chosen their Speaker, and desired to know when & where they might present him to his Honour for his Ap- probation. The Governor having answer'd them that he should be ready to receive the House immediately, at his Lodgings, They ac- cordingly attended, and presented Mr. John Vining as their Speaker, who, after being approved by the Governor, claimed, in behalf of the House, the usual Priviledges, 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, ac- quainting 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 none.
At a Council held at New Castle, on Saturday 31st October, 1767.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª.
Benjamin Chew,
James Tilghman, Esquires.
Richard Penn,
The Governor laid before the Board Seven Bills which the As- sembly had sent during their sitting, for his Concurrence, entitled as follows, viz“ :
1st. " A Supplement to An Act, entitled ' An Act for stopping Pearman's Branch, or Gravelly Run, and for Banking and Drain- ing a parcel of Marsh and Cripple, on both sides of said Branch,
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situate in Duck Creek hundred, in the County of Kent, and for keeping the Dyke, Sluices and Drains belonging to the same, in good Order & Repair."
2dly. " A Supplement to an Act for the further and better Limit- ation of Servants and Slaves within this Government."
3d. " A Supplement to the Act for supporting the Banks, &ca,, belonging to the Marshes on Red Lyon Creek."
4th. " An Act to prevent Swine running at large in Salisbury Township, The Village called the Cross Roads, and parts adjacent, in Kent County."
5th. "An Act for obliging the Sheriffs within this Government to give sufficient Sureties for the faithful execution of their Trusts."
6th. "A Supplement to the Act entituled ' An Act for the Re- lief of the Poor."
7th. " An Act to enable the Owners and Possessors of a certain parcel of Meadow, Marsh, and Cripple, hereinafter described, situ- ate in Christiana Hundred, in the County of New Castle, to Em- bank and drain the same, to make and keep the outside Banks and Drains in good repair forever, and to raise a Fund to defray the yearly expences thereon."
The said Bills were duly Read and considered by the Board, and returned to the House by the Secretary, with a few small amend- ments made to the four first, and a Message that his Honour agreed to three last mentioned.
Eodem Die, P. M.
Three Members again brought up the four amended Bills, and acquainted that the House acceded to all his proposed amendments except one, which his Honour afterwards receded from, and then returned the four Bills with his Assent.
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Eodem die, P. M.
A Committee of the Assembly waited on the Governor with a Message from the House, requesting to koow when and where he would be pleased to receive the House, in order to pass the Bills. His Honour having answered that he was ready to receive the House immediately at his Lodgings, they accordingly attended there, and the Speaker presented the Seven Bills agreed on, which the Governor enacted into Laws, signed a Warrant for affixing the Great Seal thereto, and directed the Secretary to accompany two VOL. IX .- 26.
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members of Assembly to see them Sealed and deposited in the Rolls Office.
The Speaker then, in behalf of the House, thanked the Gover- por for his care and diligence in attending the Business of the Gov- ernment, and delivered him Orders on the Trustees of the Loan Office for £200, for which his Honour returned the House his thankful Acknowledgements.
At a Council held at Philadelphia, on Friday 4th Decem"., 1767.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca.
Richard Peters,
Lynford Lardner, James Tilghman,
Benjamin Chew, Richard Penn, Esquires.
The Governor laid before the Board a Copy of a Record of Con- viction of Catharine Kreps, for murder, at a Court of Oyer and Terminer and General Gaol Delivery, held at Reading, for the County of Berks, on the 13th day of November last, before John Lawrence and Thomas Willing, Esquires, two of the Justices of the Supream Court, and of the said Court of Oyer and Terminer, by which Record it appears that the said Catharine Kreps was legally tried and convicted of Felony and Murder, committed on her own Bastard Male Child on the 18th day of May last, and had received Sentence of Death for the same.
The Board taking this matter into Consideration, and no Circum- stances having been reported to the Governor by the Justices of the said Supream Court in her favour, were of Opinion that the Sen- tence of the said Court should be executed. The Governor accord- ingly Signed a Warrant under the lesser Seal of the Province, for Her Execution on Saturday the 19th of December Instant.
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At a Council held at Philadelphia, on Thursday 10th Decem". , 1767.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Gov- nor, &cª Richard Peters,
Benjamin Chew, Esquires.
James Tilghman,
The Governor laid before the Board a Letter received yesterday from His Excellency Major General Gage, dated the 7th of Decem- ber Instant, which was read, and is as follows, Vize .:
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A Letter to the Governor from his Excellency Major General Gage.
"NEW YORK, Decem", 7th, 1767.
« Sir :
"The Accounts that I have lately received from all Quarters,, are full of Intelligence of the dissatisfaction of the Indians, and of their ill disposition towards us. I am now called upon, by a Letter I have received from Sir William Johnson, expressive of his appre- hensions of an immediate Rupture with the Indians, unless some means are fallen upon to pacify them, to acquaint you, that altho' several Causes for their present ill temper are suggested, yet the Insults they have received from the frontier People, chiefly from those of Virginia, and the obstinacy of the People who persist to Settle on their Lands, not only without their Consent, but in con- tradiction to their warmest Remonstrances, and the endeavours that have been used to remove them, I perceive to be the most imme- diate cause of their present discontent.
"It behooves me Sir, in this Juncture, to apply to you, and the- Governors of the Provinces immediately interested in this matter, to devise some effectual measures to remove these Lawless Setlers, and to obtain some Satisfaction for the ill treatment the Indians daily complain of. You are a Witness how little attention has been paid to the several Proclamations that have been published, and that. even the removing these People from the Lands in Question, which: was attempted this Summer by the Garrison of Fort Pitt, has been only a temporary expedient; for as they met with no Punishment, we learn they are returned again to the same Encroachments on Red Stone Creek and Cheat River, in greater numbers than ever; nor indeed could any thing effectual be expected, or due Obediance to Proclamations be exacted, if Laws are defective, or the Coercive Powers of Government are wanting. It is the dread that naturally follows the exemplary punishment of delinquents, that can only re- strain such a Lawless Banditti. It is not for me to point out where the fault lies, but if the laws are insufficient to secure and protect the Indians in their Persons and Properties, a more effectual provi- sion I think should be made for that purpose, and immediately too, before it is too late to prevent the Devistations, Cruelties and effu- sion of Blood, attendant on an Indian War, which may be experi- enced soon, unless active Measures are adopted for the Redress of the Grievances the Indians complain of. I can only offer the assis- tance of his Majesty's Troops to co-operate with you, for the effect- ing these desirable purposes, for the execution of which, a sufficient number of Troops shall be collected and ready to Act, whenever you shall be pleased to acquaint me that Civil Officers, properly . authorized, will call upon them, to aid and assist the Civil power in the removing forcibly, and bringing to Punishment, these disturbers. of the Publick Tranquility.
" The Encroachments made upon the Indian's Lands, for which they could obtain no Justice, with the daily threats of more Inva-
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sions of their property, lost us the Affections of the Savages before, and was the principal Reason of their throwing themselves into the . Arms of the French for protection. From hence arose the Hostili- ties they commenced upon us in 1754 and 1755, and the War that followed. The same Causes will have the same Effects: Wherefore, it is incumbent upon me to lay these Matters before you in the most serious manner, thinking that every means should be exerted and all endeavours used, which can tend to avert the Calamaties which threaten the Country, and to save the Lives that must be lost in a Savage War, in which neither Age nor Sex will find compassion or meet with mercy.
" I have the Honour to be with great Regard, Sir, "Your most Obedient humble Servant, "THOMAS GAGE,"
' The Council were of Opinion that the matters contained in the preceding Letter ought speedily to be taken into the most serious consideration, and the Secretary was directed to collect such Letters and Papers as the Governor had received from the Secretary of State, General Gage, and the Governor of Virginia, relative to the Removal of the Settlers on the Monongahela and other Lands not. yet purchas'd of the Indians, together with such Answers as had been given to the same, that they may be ready to be laid before the Council for their Perusal at their next Meeting.
At a Council held at Philadelphia, on Saturday 12th Decem"", 1767.
PRESENT:
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª
Richard Peters,
James Tilghman,
Benjamin Chew, ? Esquires.
The several Letters and Answers, with the other Papers relative to the removal of the People, settled on the Indians' Lands, which the Secretary was directed at the last Meeting of Council to collect, were laid before the Council and read in their Order. The Board then took Major General Gage's Letter of the 7th instant into fur- ther consideration, and advised the Governor to lay the said Letter before the Assembly, and strongly to recommend it to them to con- eur with him in making use of every expedient for the immediate Removal of the People who have made Encroachments on the In- dians' Lands, and to enable him the more effectually to Exert the Powers of Government, by framing such a Law as will be suf- ficient to compel those Intruders to pay due submission to the Civil authority.
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For this special Purpose the Board thought it would have been advisable for the Governor to convene the Assembly immediately, but on considering that the day on which the Assembly were to meet by their own adjournment, was so early as the 4th of next Month, they were of Opinion it would be impracticable, by issuing Writs, to convene them before that time.
15th December, 1767.
MEMORANDUM.
The Governor wrote the following Letter to his Excellency Major General Gage, in Answer to his Letter of the 7th Instant, Viz* :
A Letter from the Governor to kis Excell'y. Major Gen'l. Gage. " PHILADELPHIA, Decem". 15th, 1767.
" Sir :
"It gives me very great concern to find, by Your Excellency's Letter of the 7th Instant, that the late intelligence you have Re- ceived concerning the ill dispositions of the Indians, and their dis- satisfaction on account of the encroachments made on their Land, afford so much Reason to apprehend an approaching Rupture with them. It is a matter truly alarming, and requires the utmost attention and consideration of the Legislatures of these Middle Col- sonies, to devise the most prudent and vigorous Measures for pre- venting the Calamities which so apparently threaten us. "On this occasion I immediately called my Council, to consult with them on the first Step most proper to be taken on my part, and their advice to me is, to lay the Matters before my Assembly at their ensuing Meeting, the 4th of next Month, and recommend it to them in the Strongest Manner, to concur with me in the most certain Expedient for the Removal of all the People settled on the Indians' Lands within this Province, which has hitherto been attempted in vain by 'Proclamations, or even the threats of military Execution, and also in order to enable me effectually to exert the Powers of Government to frame such a Law as will be fully sufficient to compel those In- truders to pay due Submission to the Civil Authority.
"I should have expressly convened the Assembly at this junc- ture, if it had been practicable for them to have come together on an earlier day than that to which they stand Adjourned.
"With respect to the Insufficiency of the Laws to secure the In- dians in their Persons and Properties, I would beg leave to observe that the remote Situation of their Country, and the dispersed and "Vagrant manner in which the People live, will generally render the best Laws that can be framed for those Ends, in a great mea-
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sure ineffectual. The Civil Officers, whose Business it is to see that they are duly enforced, cannot exert their Authority in so distant and extensive a Wilderness. In the Execution, therefore, of the present interesting Matter, I am persuaded that notwithstanding all the Legislature can do, I shall find it necessary to apply to the Mili- tary Aid, which you have so readily offered me, in Support of the Civil Power. Yet, I fear that while the Severity of the Weather. in the Winter Season continues, it will be found extremely difficult,. if not impracticable, to oblige those Lawless People to abandon their present Habitations, and to remove with their Families and Effects into the interior parts of the Country ; and I am of Opinion it would be unadvisable to make any attempts of that kind before. the Spring.
" I shall, however, earnestly apply myself, with the Concurrence- of the Assembly, in concerting the most expeditious Means to effec- tuate this Business as early as Possible.
"I have the Honour to be, with great Respect, " Your Excellency's most Obedient Humble Servant,
" JOHN PENN ..
" To his Excellency Major General GAGE."
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Monday the 4th January, 17768.
A Committee of the Assembly waited on the Governor and ao -. quainted him that a Quorum was met pursuant to adjournment, and: requested to know if his Honour had any Business to lay before. them, to which His Honour answered, that he had a Matter of Im- portance to lay before them, which be should do very soon by a: Message.
At a Council held at Philadelphia, on Tuesday 5th Jan", 1768. PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor,. &cª.
Richard Peters, James Tilghman, Esquires ..
A Draft of a Message to the Assembly being prepared agreeable. to the advice of the Council on the 12th of last Month, concerning. the Encroachments on the Indian Lands, and laid before the Board, was read and approved, and the same was ordered to be fairly Tran- scribed, and carried to the House in the Afternoon, with General Gage's Letter of the 7th of December last .. The Message follows in these Words, Viz':
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A Message from the Governor to the Assembly.
" Gentlemen :
"You will perceive by a Letter from his Excellency General Gage, herewith laid before you, that, from accounts received from all Quarters (particularly from Sir William Johnson), of the dissat- isfaction of the Indians, and their ill disposition towards us, there is great reason to apprehend an immediate Rupture with them, unless some effectual Means are fallen upon to Pacify them; and that the Insults and Injuries they have received from the Frontier Inhabitants, chiefly of Virginia, and the perverse and obstinate dis- position of a Number of People, who, contrary to his Majesty's Pro- clamation, and the Principles of Justice, have settled, and are daily Settling upon their unpurchased Lands, are the principal Causes of their complaints. And I must inform you that those Settlements upon the Indian Lands to the Westward of the Alleghany Moun- tains, now appear, by the Line lately Run between Pennsylvania and Maryland, to be within the Bounds of this Province.
" As nothing can be of more Importance to this Province than preventing the Calamitous effects of an Indian War, of which we have had the most melancholy Experience ; And the Principles both of Justice and Policy call for a speedy Redress of the Griev- ances complained of by the Indians, I would willingly take every Measure in my Power not only to remove the just Causes of their complaints of past injuries, but to protect their Persons and Properties for the future ; But as the Laws of the Province are in- sufficient for the Purpose, and the Steps hitherto taken, both by Proclamation issued in pursuance of the King's Commands, and by the threats of exerting a Military Force, have proved ineffectual, I most earnestly recommend to you the framing of a Law not only to remedy the present Evil, but to furnish future Delinquencies of the same kind, and that a suitable Provision be made for defraying any Expence which may attend the necessary Exertion of the Powers of Government, in the removal of those Rash and Lawless Intru- ders.
" January 5th, 1768."
" JOHN PENN.
January the 6th, 1768.
Two Members of the Assembly waited on the Governor with the following Verbal Message, viz“ :
A Message to the Governor from the Assembly.
"The House commands us to inform the Governor that they have now before them his Message relating to Indian Affairs, with
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the General's Letter therein referred to, and as they are desirous in a matter of so interesting a Nature to the Colonies in General and this Province in particular, to receive every intelligence necessary to enable them to Unite with the Governor in removing the Mis- chiefs complained of, they request to know whether the Governor has any Letters or Papers from Sir William Johnston, or expects any on the Subject, or whether the Deputies of the Six Nations in any late Conferences with the Governor have disclos'd to him any of the Causes of the Dissatisfaction of the Indians, and that he would be pleased to communicate to the House such Letters, Papers, Con- ferences, and other Intelligence, as he may have received on the Subject of his Message, and the General's Letter.
January 6th, 1768.
To which the Governor made Answer that he had not received any Letters from Sir William Johnson, concerning the present Dis- satisfaction of the Indians, nor any late Intelligence on that Sub- ject, than what is contain'd in the General's Letter, which he laid before the House.
January 13th, 1768.
A Committee of Assembly waited on the Governor, and presented him a Message from the House, in the following words, vizt :
A Message to the Governor from the Assembly.
"May it please Your Honour :
" The Subject of your Message of the fifth Instant, and the Let- ter from His Excellency General Gage, therein referred to, was of so Serious a Nature that we thought it our Duty to take it imme- diately under the most deliberate Consideration. The Dissatis- faction and ill Disposition of the Indians towards us with his Ex- cellency's and Sir William Johnson's apprehensions of an imme- diate Rupture with them are truly alarming, and certainly demand the utmost attention of every Colony that is in any manner ex- posed to their violence or Connected with them.
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