USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 55
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January the 25th, 1769.
The Assembly again sent up to the Governor by two members, the Bill for appointing Regulators in the Northern Liberties, with a Message " the House adhered to the Bill ;" and also the Assay Bill, with an answer to the Governor's Amendments, vizt:
Amendment Ist. Agreed to by the House.
2d .- The House adhere to the Bill.
3d .- Agreed to by the House.
4th .- Agreed to by the House.
January the 27th, 1769.
The Governor retured to the Assembly, by the Secretary, the Bill for appointing Regulators in the Northern Liberties ; with a Message, " that he adhered to his Amendments." The Secretary at the same Time, carried to the House the Bill for regulating, pitching, and paving the streets, &cª., of the City of Philadelphia, &t, with the Amendments made to it on the 21st Instant.
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At a Council held at Philadelphia, on Thursday 2d February, 1769.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca. 1
Benjamin Chew,
Lynford Lardner,
James Tilghman,
James Hamilton, Richard Peters, Esquires.
The Board took into consideration the Bill entituled " A supple- ment to An Act entitled An Act for erecting part of the Counties of Philadelphia, Chester and Lancaster, into a separate County," which was read, and the Secretary directed to carry it down to the House, with the following Amendment, which the Council advised the Governor to make, in order to maintain his right of a share in the Nomination of Officers appointed by Law, viz1.
"Page 5, Line 11. Dele the name [Benjamin Lightfoot] and. instead thereof, insert [William Scull]."
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Then was laid before the Board a Bill sent up by the Assembly for the Governor's Concurrence, entituled " An Act to Dissolve the Marriage of Curtis Grubb, of the County of Lancaster, Iron Mas- ter, with Ann, his Wife, late Ann Few, and to enable him to Marry again," which was read, and referred to a further Considera- tion.
The Board taking the Assay Bill again into consideration, with the Assembly's Answer to the Governor's Amendments, the Bill was ordered to be returned again to the House, with a Verbal Mes- sage that His Honour adheres to his Amendments.
Then was read a Petition from Samuel Kennedy and John Jacks, setting forth that they have greatly suffered in their persons and Estates, by the evil Treatment that they had received from Sundry riotous Persons, who, being Inhabitants of Maryland, had escaped into that Province, and avoided being brought to Justice, and pray- ing the Governor to take the same into consideration, and grant them suitable Redress. Also several certified Copies of Indict- ments and Affidavits for different Offences, committed in Chester County, by divers Inhabitants of Cecil County, in Maryland, were laid before the Board and read.
The Board taking the above matters into consideration, advised the Governor to write to the Governor of Maryland on the Subject, and Transmit the several Papers to him, and request he would be pleased to give Orders to the Magistracy of that Province to issue Warrants for apprehending the Offenders complained against, and cause them to be delivered over to the Magistrates of Chester County, where the Riots and other Offences were committed, or to hold them to Sufficient securities for their several appearances at that County Court of Quarter Sessions, to answer the charges ex- hibited against them. A Letter was accordingly prepared, and ordered to be dispatched by the Post, and is as follows, Viz" :
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" PHILADELPHIA, February the 4th, 1769.
" Sir :
"By the Papers inclosed, you will find that several Riots, which I am informed were attended with very aggravating Circumstances, and other Offences have lately been committed in the County of Chester, within this Province, by People who are Inhabitants of Maryland. The Delinquents are out of the reach of our Process, and there is no way of bringing them to Justice but by your Assist- ance, for which I the more chearfully apply, from a persuasion of your good Disposition to promote and establish an Harmony be- tween the two Provinces, and that you will at once see the pro- priety of the Application, and the Necessity there is that neighbour- ing Governments should concur in their Endeavors to punish the Crimes committed by the Borderers on both Sides. And I cannot doubt but you will give immediate Orders to the Magistracy of Cecil County, where, I am told, the Offenders reside, to issue Warrants
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against them, and when apprehended, to cause them to be delivered to the Peace-Officers of Chester County, or to hold them to suff- cient Securities to appear at that County Court, to answer the charges exhibited against them. At the same Time, I beg you will be assured that I shall always think it my Duty, as it is my Incli- nation, to shew the utmost Respect to any Application you may at any Time have occasion to make to me.
"I am, with great Regard, Sir, " Your most Obedient humble Servant.
"JOHN PENN.
"To Governor SHARPE, at Annapolis."
At a Council held at Philadelphia, on Wednesday 8th February, 1769.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &Cª
Benjamin Chew, James Tilghman, S Esquires.
The House of Assembly again sent up the Assay Bill to the Gov. ernor, accompanied with a Verbal Message, which was laid before the Board, and is as follows, Vizt:
A Verbal Message to the Governor.
The House, desirous to agree with the Governor on a Bill of so much Importance to the public as that entituled " An Act for the preventing Frauds and Abuses in Gold and Silver Wares, made and sold in this province," have reconsidered the same, and offer to his Consideration the following Alterations, instead of his proposed amendments, relating to the new appointment of the Assay Masters, vizt :
" Page 4, Lines 11 & 12. Dele the Words [his Successor or Successors ].
"Page 7, lines 8 & 9. Dele the Words [their or either of their Successors].
" Pages 12 and 13. Dele from the Word [Act] exclusive, in the 9 Line of Page 12, to the Word [But] in the 6th Line of Page 13.
" Page 13, Line 7. Dele also the Words [or hereafter to be].
" Page 14, Line 1. Dele the Words [his Successors and every of them].
" Page 17, Line 9. Dele the Words [for the Time being].
" Page 25, Line 2. Dele the words [or his successor]. February 7th, 1769.
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The Board taking the same into consideration, and the follow- ing Answer being drawn up at the Table, the Secretary was directed to deliver the same to the House with the Bill.
"The Governor's answer to the Verbal Message of the Assem- bly of the 7th Instant, proposing some Alterations to the Amend- ments made by the Governor to the Bill entituled ' An Act for the preventing Frauds and Abuses in Gold and Silver Wares made and sold in this Province.'
" The Governor's Amendment was intended to guard against the possibility of any Dispute which might hereafter arise on the Deter- mination of the office of the Person to be appointed by the Justices, on the Death or removal of either of the Assay masters named in the Bill, respecting the new appointment of such Officer ; and he cannot see why the House should object to the Amendment, unless they mean by the Ambiguity of the Words in the Bill, [until the end of the next sitting of Assembly ], to exclude him at a future Time from any share in the nomination of the Officers, which is a Pre- rogative of the Crown he cannot part with, and therefore adheres to his Amendment. The Inconveniences and Confusion which would arise for want of a Power lodged somewhere in case of the Death or removal of an Officer, during the Recess of the Assembly, are so evident, that the Governor cannot accede to the proposed Altera- tions offered him by the House in their Verbal Message."
February the 8th, 1769.
A Bill, entituled "An Act for incorporating the Society formed for the Relief of Poor, Aged, and Infirm Masters of Ships, their Widows, and Children," sent by the Assembly for the Governor's Concurrence, was laid before the Board and read, and agreed to be detained for further Consideration.
A Bill, entituled " An Act for the Sale of a Church in the City of Philadelphia, to pay the Debts now due for building the same, and distributing the Residue of the Purchase Monies arising from such Sale among the several persons who have been obliged to ad- vance Monies on account of the said Church," was also read, and there appearing no objection to the same, it was ordered to be re- turned to the Assembly, with a Message that the Governor agreed to it.
The Board resumed the Consideration of the Bill for dissolving the Marriage of Curtis Grubb, and, before they thought proper to come to any Determination thereon, the Secretary was directed to. acquaint the Assembly, by a verbal message, "that the Governor desired they would furnish him with such Papers and Proofs as they had received, to support the Facts contained in the Bill."
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The Governor then laid before the Board two other Bills, sent up by the Assembly for his Concurrence, entituled as follows, Viz: " An Act for raising, by way of Lottery, the Sum of £1687, 10s, Od, to be applied to the payment of the arrears of Debt due for erecting and finishing the German reformed Church, and the Ger- man Lutheran Church in York Town, and for the payment of the Arrears of Debt due for the erecting and finishing the German Lutheran Churches at Heidleberg and Lebanon, both of Lancaster County." And,
" An Act for raising, by way of Lottery, the Sum of ££3099, 12s, Od, for the purposes therein mentioned," both which were read, and a few small amendments being made to them, were ordered to be returned to the House with the same.
At a Council held at Philadelphia, on Friday the 10th Feby, 1769.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor,
Benjamin Chew, James Tilghman, Esquires.
The Governor laid before the Board a Bill sent up by the As- sembly, entituled " An Act to enable the managers of the Contri- butions for the Relief and Employment of the Poor in the City of Philadelphia, to raise the Sum of fourteen Thousand Pounds in Bills of Credit, towards discharging their Debts, and to provide a Fund for redeeming and sinking the said Bills," which was read, and the following amendment being made thereto, ordered to be returned to the House with the same :
Amendment, Viz ·:
Page 7. Dele from the word [with ] in Line 2d, to the word [the] in Line 4, and insert the words [the greatest difficulty from].
A Committee of Assembly having yesterday laid before the Gov- ernor, agreeable to his request, such Papers and Proofs as they had in support of the Facts contained in the Bill for dissolving the Mar- riage of Curtis Grubb, they were laid before the Board, and the consideration of the Bill was resumed, and the following amend- ments were made to it and ordered to be carried to the House with the Bill.
Amendments, viz *:
Page 2, Lines 8 and 9. Dele the Words [aforesaid separation and is] and insert the Words [absence of her said Husband and was]. Page 4, Line 3. Dele the word [vacated].
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Same Page and pages 5, 6, and 7. Dele from the word [Time ] in the Sixth Line of Page 4, to the word [and] exclusive in the fifth Line of Page 7, and instead thereof insert the Words [after the passing of this Act, (bis former Marriage with the said Anne hot- withstanding) to contract Matrimony with and take to Wife any other Woman during the Natural Life of the said Anne, in the same manner as he might or could do if she, the said Anne, was actually Dead, and such marriage, when had and solomnized, shall be, and is hereby declared and adjudged to be good and legal, to all intents and Purposes whatever, and the issue thereof, (if any) to be born in Lawful Wedlock, able and capable in Law to take, purchase, or inherit, by Will, Deed, or otherwise, any Estate, Real, Personal, or mixed, in the same manner as any other Person or legi- timate Child, or Children, by the Laws of England, or of this Province, in any Case may or can do.]
"Page 8, Line 5. Instead of [thereafter], say [hereafter].
Eodem Die, P. M.
Two Members of Assembly waited on the Governor, and de- livered him a Message from the House, which follows in these Words, Viz" :
A Message to the Governor from the Assembly.
" May it please Your Honour :
" We have taken into our Consideration your Message acquainting us that a general Boundary Line was happily settled by Sir William Johnson, His Majesty's Superintendant of Indian Affairs, between the Indians of the Six Nations, the Delawares, and Shawa- nese, and His Majesty's middle Colonies. The accomplishment of a Measure so important to the British Interests in America, could not fail to give us the utmost satisfaction, as We have Reason to . expect it will be the means of preserving that Harmony and Friend- ship between those Colonies and the Natives, which have heretofore, from various Causes, been too' frequently interrupted. It is also particularly agreeable to us, to learn that the Proprietaries of this Province have purchased a large Tract of Country within that Boundary, from whence a Prospect is afforded of new and extensive Settlements, and a further Increase of Inhabitants within this Pro- vince. And as We esteem it our incumbent Duty, it shall be our constant Care to pay a strict Regard and attention to whatever Ob- ject His Majesty shall, in His Wisdom, be graciously pleased to recommend to our Consideration. Nothing, therefore, in our Power, shall be wanting which shall appear necessary and effectual to prevent future Settlements on the Lands unpurchased of the Indians, and
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every other Abuse, or Act of Injustice that can reasonably create in them a Disaffection to the Colonies in General, or this Province in particular.
" Signed by Order of the House,
"JOSEPH GALLOWAY, Speaker. " February the 10th, 1769."
At a Council held at Philadelphia on Monday February 13th, 1769.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &cª.
William Logan, Benjamin Chew,
Lynford Lardner,
James Tilghman, S Esquires.
The Governor laid before the Board a paper transmitted to him by Sir Henry Moore, Governor of New York, containing an account of the Proceedings and Resolutions of a number of People belong- ing to the Province of Connecticut, who call themselves the Sus- quehanna Company, at a late Meeting held at Hartford ; as also a Letter from Lewis Gordon, Esquire, dated the 7th of February, Instant, and another from Charles Stewart and John Jennings, Esquire, Sheriff of Northampton, dated Wyoming the 6th Instant, which were severally read, and are as follow, Viz" :
Proceedings and Resolutions of the Susquehanna Company.
" WHEREAS, at a meeting of the Susquehanna Company, held at Hartford on the 18th Day of May, Anno Domini, 1763, said Company were advised that His Majesty, in his Royal Pleasure to inhibit all Entries and Settlements upon the said Lands, claimed by said Company, purchased of the Six Nations of Indians, lying on the River Susquehanna, until the state of the Case should be laid before His Majesty, and such precautions taken as might obvi- ate any such Troubles with the Indians :
" And Whereas, said Company at said meeting, in pursuance of His Majesty's Order, did then Vote that no Person or Persons be- longing to said Company shall enter upon or make any Settlements upon those Lands accordingly ; And Whereas, The state of the Case, respecting those Lands, have been laid before His Majesty in Council, and in pursuance of His Majesty's Orders, such precau- tions have been taken in setling the Line with the Indians, and in paying and satisfying them for all the Lands lying East of the said Line, settled as aforesaid, as fully to obviate any fresh Troubles with the Indians, on account of any Claim or Settlement of the English, within the aforesaid Line. Thereupon, it is now voted by the said
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Company to proceed and settle said Lands lying on and adjacent to said Susquehanna River, purchased from the Indians by said Com- pany, lying within the Line settled with the Indians as aforesaid, at the late Congress at Fort Stanwix, as soon as conveniently may be. Voted, that forty Persons upwards of the age of twenty-one years, Proprietors in said Purchase, and approved by the Company hereafter nominated and appointed, proceed to enter upon and take pos- session of said Land, for, and in behalf of said Company, by the first day of February next ; and that two hundred more of the age aforesaid, proceed and join said forty on the Lands aforesaid, as early in the Spring as may be, for the purpose aforesaid, not later than the first Day of May next; and that in order to encourage said forty Per- sons to proceed, settle, take possession of said Lands for and in be- half of said Company, that there be paid into the hands of a Com- mittee appointed and hereafter named, to and for the Use of said forty the sum of £200, to be laid out by said Committee, in provid- ing proper materials, sustenance and Provisions for said forty, as at the Direction of said Committee shall be thought needful and pro- per. And for the further encouragement of the said two hundred, who may join them in the Spring, according to the foregoing vote, it is further considered and voted to lay out five Townships of Land within the purchase of said Company, and within the Line settled with the Indians aforesaid, of five miles square each, three on the one side of the River and two of them on the other opposite side the River, adjoining and opposite to each other, only the River part- ing, at such place on the said River as they may think proper, each of said Townships to be five miles on the River, and to extend in equal wedth back five miles, to be and belong to the said forty, and the said two hundred persons, over and above their respective Shares and Proportions in the remainder of the general Pur- chase, in manner following, vizt: That the said forty have their first Choice of said five Townships, which they shall chuse to be and belong to the said forty ; and the other four to be and be- long to the said two hundred, to be divided out to them by fifty's on a Township, as they shall think proper, reserving and appropriating three whole Rights or Shares in each Township, for the Public Use of a Gospel Minister and Schools, in each of said Towns; and also reserving for the use of said Company, and for their after disposal, all Beds, Mine, Iron Ore, and Coals, that may be within said Town- ships. The aforesaid Townships to be held by said forty and said two hundred, on Condition of their entering upon and take Possession, according to the above Vote; and also of their continu- ing thereon, holding and Improving the same, by themselves, their Heirs and Assigns, under Said Company, for the space of five Years after this Entry, as aforesaid ; and that they shall not so disorderly conduct and behave themselves as shall by the Company be judged inconsistent with the Good and Interest of said Company; And that they hold not the same or any other Part of said Purchase
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under pretence of any other Claim but of said Company, if the first Number approved by said Company shall fall short of forty, or of those that do proceed to join them in the spring shall fall short of two hundred. Nevertheless, those that do proceed according to the above Vote, to be entituled to their respective parts or Shares in the said five Townships, in full, as though the whole number were compleated. And, in Order that proper Persons, and such as may appear to be most Subservient to the benefit of said Company, may be orderly introduced as first settlers on said Lands, Voted that a Company be appointed in each County in this Colony, as also some meet Person or Persons in the neighboring Colonies, to admit and approve of such Persons as may offer themselves for the first set- tlers, according to the foregoing Vote. And, that Colonel Samuel Talcoot, Major Eleazor Talcoot, Jonathan Pettebone, and Jonathan Root, Esquires, for the County of Hartford ; Daniel Lyman, Esquire, Michael Baldwin, and Captain Maycock Ward, for the County of New Haven; Samuel Ely, Esquire, Gersham Breed, and Captain Obadiah Gore, for the County of New London; Cornelius Hull, Nathan Berdseye, Benjamin Selly, for the County of Fairfield ; John Smyth, Samuel Gray, Esquires, and John Jenkins, for the County of Windham; Increase Mosley, Samuel Canfield, Es- quires, and Benjamin Stephens, for the County of Litchfield; William Busk and John Woodworth, for the Province of New York; Timothy Woodbridge, Esquire, for the Province of the Massachusetts Bay; Isaac Trip, Job Randal, and Ezra Dean, for the Colony of, Rhode Island, be, and are hereby appointed Committee, jointly and severally, to approve and admit of the aforesaid two hundred Persons proposed as first Settlers on said Lands, in such a manner and proportion as they shall agree, so as not to exceed the number proposed; And that Isaac Trip, Benjamin Tollet, John Jenkins, William Burk, and Mr. Benjamin Shomaker, be, and they are hereby appointed a Committee to approve and ad- mit, oversee, Superintend, manage, and order the affairs of the first forty Settlers, to raise the Monies granted to their Use, to lay out and prepare a convenient Road to Susquehanna River, for which purpose they are to receive fifty Pounds, to be laid out in preparing a Road as aforesaid, for the Benefit of the said Company, and to account with the Standing Committee of said Company therefor ; And, upon any, or either of said last mentioned Committee failing to attend said Trust to which they are appointed, the place, or pla- ces, to be supplied by such other Person or Persons as shall be chosen by the major part of said forty first Settlers ; And upon the arrival of the two hundred proposed to join the said forty in the Spring, they may, if they see cause, together with the said forty, by their major Vote, add to said Committee, so as to make the whole number of nine, who shall then be the Committee to oversee, ordain, and regulate the Affairs of said Settlers, and other of said Company who may join them, until further or otherwise Ordered
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by said Company ; which said Committee, by a Major Vote of Set- tlers there present, duly convened, may expel from, any Person among them who shall so disorderly conduct and behave, or shall by them be judged inconsistant with the good and Interest of said Company, and may declare the Right of such Persons in said Pur- chase forfeit, which shall so remain, unless said Company, at any after meetings, upon hearing Cause of Complaint, shall otherwise determine.
Passed in the Affirmative.
Voted that if any Settler or Settlers on the aforesaid Lands, in pur- suance of the Vote of this Company, shall be sued or prosecuted in the Law by the proprietors of Pennsylvania, or any under them, on account of such his Settlement and Possession, that, on proper Notice being given to the standing Committee of said Company, that the Company will be at the Cost of his or their Defence in said suit.
A Letter to the Governor from Lewis Gordon, Esquire.
"EASTON, 7th February, 1769.
" Sir :
" A few Hours ago I received a Letter by Express, from Mes- sieurs Stewart and Jennings, now at Wyoming, intimating that they had Intelligence from the Minisinks that a large Body of New England Men were to set off from thence for Wyoming, in order to take forcible possession of those Lands, requesting my Advice how they are to conduct themselves until they shall receive your instruc- tions on this Head. The Express is this Moment set off for John Allens, Esquires, at the Union. This Moment the Constable of the Minisinks is come down to me, on the same account, and informs there are at least between forty and fifty New England Men in his Neighbourhood, on their Journey to Wyoming, and that they have a great many friends amongst them. He is an active Man, and seems well disposed to serve the Government; wherefore, I shall (as soon as I can learn any of the New England People's names, which Iexpect a List of this Night,) issue a Warrant against them, to be executed by the same Constable, whom I detain on purpose, and endeavour all that lies in my Power to apprehend them, and put a stop to this dangerous scheme, a Copy of which I have taken the liberty to inclose, that, in Case there be any defect, it may speedily be rectified. I beg your Honour will excuse this scrawl, having been busy all Day, and the Bearer impatient to be gone, and believe that I am, with the greatest Respect, Sir,
"Your most Obedient, and most humble Servant, "LEWIS GORDON.
" The Honourable John Penn, Esquire."
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