Colonial records of Pennsylvania, Vol. IX, Part 56

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

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PROVINCIAL COUNCIL.

A Letter to the Governor from Charles Stewart and John Jen- nings, Esquire.

" Sir :

" By an Express from John Vancampen, we have received in- formation that upwards of one hundred New England Men were last Saturday at Nicholas Dupue's, that they were to set off from thence this Morning for this place, with Intent to turn us out of Possession. We therefore have dispatched the Bearer to acquaint your Honour of this Motion, and receive your Orders how we are to treat them. We have wrote to Mr. Gordon to send us, with all speed, such processes as may be necessary to take them with, in Case they attempt to settle or force a Possession into any of the Houses now built, if this should happen before your Orders reach us. We have not learnt the names of any of them except William Buck, who was formerly here, with those who were killed by the Indians. Any processes that your Honour may please to send us may therefore be Blank ; as to the others whose names we shall insert as soon as we know them, and have sent to John Van Campen to find out for us. At present we have only ten men here; the others are returned home after building their Houses. We still flatter ourselves this affair will end without Blows, as we have certainly weakened their party in this County by getting the Van- campens and Shoemakers to take Lands in the Manor.

" We are, Your Honour's Most Obedient Servants, " CHARLES STEWART, "JOHN JENNINGS.

" The Honourable JOHN PENN, Esquire.

" Wyoming, 6th February, 1769."

The Governor having already written Answers to the above men- tioned Letters, the Board took into their Serious Consideration the account of the late proceedings of the Connecticut People, respect- ing their Design of making an immediate Settlement on the Sus- quehanna Lands, and were of Opinion that a Letter should be forth- with dispatched to the Governor of Connecticut, making him acquainted therewith, and requesting his Interposition in the matter, and that he would use his Influence and Endeavors to put a stop to the Evil Designs of those people, and thereby prevent the fatal Consequences that must unavoidably follow the Establishment of so illegal a Settlement. A Draught of a Letter being accordingly prepared, was read and agreed to, and ordered to be Transcribed and dispatched to the Governor of Connecticut by the post. The said Letter is as follows, vizt .:

" PHILADELPHIA, 13th February, 1769.

" Sir :

"I have received certain Advice that in Consequence of Reso- lutions entered into by a Society of People in your Province, who

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call themselves the Susquehanna Company, a number of them are set out with a Design to enter upon and settle a part of the River Susquehanna, which is within the Bounds of the Charter of this Province, and the General Boundary Settled last fall with the In- dians of the Six Nations, at Fort Stanwix, and which at that Treaty was purchased of those Indians for a very large Sum of money by the Proprietaries of this Province. It is given out, too, that a greater Number are Soon to follow, and that these Adven- turers have the Countenance of your Government in their very unjust and illegal Undertaking; Yet, when I consider that like attempts have been made heretefore, and how often the same wild Scheme has been disavowed by your predecessors, as will appear by the Correspondence had between the Governors of Connecticut and Pennsylvania, in the Years 1754, 1755, 1761, and 1763, upon the Subject of the Claims and pretentions of these Intruders, I cannot give Credit to this part of the Report.

" It is alledged that these imprudent People found their unjust Claim partly in the Extent of the Original Charter of Connec- ticut, and partly on purchases made of the Indians. But when it is considered that the Province of New York, in the hands of the Dutch, at the Time of the Connecticut Charter, lay between that Colony and Susquehanna, it cannot be conceived how that Charter can operate to affect the place which is now the subject of Contest."

"Yet, if there could possibly at first have been any Doubt of the Extent of that Charter, from the Words of it, the settlement of its Western Limits by the Commissioners appointed between the Crown and that Colony so .early as the year 1664, has entirely cleared it up. Nor is any Claim which these Intruders can set up under Indian purchases, better founded than their pretentions un- der the Extent of the Charter. It is well known that the Indians never sell their Rights but in public Council, and it cannot be pre- tended that any Deeds made to the People of Connecticut were at- tended with that solemnity. Nay, it is notorious that at the Time these pretended purchases were made, the Indians of the Six Na- tions refused in public Council, at the Treaty of Albany, in the year 1754, to sell these Lands to the proprietaries of Pennsylvania, to whom alone they could sell them consistent with their prior En- gagements entered into many years before, and confirmed at that Treaty, and also at the late Treaty at Fort Stanwix. These pur- chases were therefore, always looked upon by the Six Nations as private and fraudulent, and inconsistent with their prior En- gagements to the proprietaries of Pennsylvania; and accordingly, the settlements made by the people of your Province in 1755, at Wyoming, were highly resented and complained of by the Indians, who at length proceeded to the most fatal Extremities. But if their Claims under those Deeds were not liable to these Objections, yet they were void by the Laws of this Province, made many years ago, which prohibit the making of purchases of the Indians by any

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but the proprietaries. So that in whatever Light the matter is considered, it is against these rash and inconsiderate people who, by their lawless Intrusions, would again disturb the peace and Tran- quility of this Government. You may well imagine, that after the proprietaries have paid so large a Consideration for this Country, so evidently within the Limits of their Charter, and have settled a Number of people upon it, which I must inform you is truly the case, this Government cannot be tame spectators of an illegal forci- ble possession, taken by People who have not the least Colour of Right.

" The Consequence therefore, of these deluded People's persisting in their unwarrantable Designs, must be a scene of violence and con- fusion, which all good Men would wish to avert, and which it is the peculiar Duty of those who are in public stations to prevent. I cannot suppose that the Government of Connecticut would encour- age a procedure so unreasonable and illegal, and big with mischiev- ous Consequences, which I would rather hope they would use the utmost of their power to prevent; and it is under this Expectation that I now apply to your Honour, requesting you to enquire into the Matter, to place it in a proper Light to the people of your Colony, and to use your power and Influence to prevent the many fatal Consequences which must flow from their pursuit of any ille- · gal or violent Measures.

" I am sir, with great Regard, " Your most Obedient " humble Servant, "JOHN PENN.

" The Honble WILLIAM PITKIN, Esquire."

Upon this Occasion, the Board were of Opinion also, that some proper Persons at Wyoming should be cloathed with the Authority of magistrates for the preservation of the Peace, and for the better Execution of the Orders of the Government, in Case the People of Connecticut should attempt to prosecute their Scheme of Settle- ment, or commit any Riots or Disturbances, and two special Com- missions were accordingly issued, appointing Charles Stewart and Amos Ogden, Esquires, Justices of the County Court of Quarter Sessions of the Peace for the County of Northampton.

The Governor then laid before the Board a Bill sent up by the the Assembly, entituled " An Act for raising the Sum of £16,000 for the Support of the Government of this province, and payment of the Public Debts, and other purpose therein mentioned ;" which was read, and the Board were of Opinion that it would be proper to obtain from the assembly a List of the Debts which were inten- ded to be discharged by the Bills of Credit intended to be emitted pursuant to the said Bill. The Secretary was accordingly sent to the House with a verbal message as follows, vizt :

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" Sir :

" The Governor requests that the House will furnish him with a List of the Certificates which the Bills of Credit directed to be emitted by the Bill for raising the Sum of £16,000, &c., now under his Consideration, are intended to take up and discharge."

Eodem Die, P. M.

Two members of Assembly waited on the Governor, and agree- able to his Request of this morning, delivered him an Estimate or List Debts due from the Province of Pennsylvania.

At a Council held at Philadelphia, on Wednesday the 15th of February, 1769.

PRESENT :

The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &cª.

Richard Peters,

James 'Tilghman,

Benjamin Chew, - Esquires.

The Consideration of the Bill for raising the Sum of £16,000 was resumed, and two Amendments were made to it, and ordered to be carried to the House with the Bill.

Amendments, viz':

" Page 9, line 13. After the word [of] add the word [them].

" Page 16, line 9. After the word [her] add [charges and]."

Then were read two Bills sent up by the House of Assembly for the Governor's concurrence, entituled as follows, Viz' :

" 1. An Act to enable the Commissioners therein after named, to settle the accompts of the Managers, and to sue for and recover of them, their Executors, or administrators, such Sums of Money as are now due and unpaid on account of the Lottery drawn for erect- ing a new School House for the High Dutch reformed Congrega- tion, and for enabling the Vestry and Wardens of Saint James' Church, in the Borough of Lancaster, to compleat the work by them begun, and also, to enable the managers to sue for and recover money due to them for the Sale of Tickets in the said Lottery."

" An Act for a new Regulation of the allotments of Banks, Dams, Sluices, and Flood Gates, belonging to the Tinicum Company, Owners and Possessors of drained meadow Land in the Township of Ridley, in the County of Chester."

Which Bills were considered, and no Objections appearing against · their passing into Laws, were ordered to be returned to the Assem- bly with the Governor's Assent.

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PROVINCIAL COUNCIL.

The Governor then laid before the Board a Bill entituled " An Act to enable the Owners and Possessors of the Wickacoa and Moyamensing meadows, to erect a Dam across Hollander's Creek, near its Junction with Hay Creek, and for other Purposes therein mentioned," which was read, and ordered to be returned to the House with the following Amendments, Vizt:

" Page 1, Line Penult. After the word [of] add the word [little].

" Page 2, Penult and antepenult Lines. Dele the Words [Hol- lander's Creek near its Junction with Hay Creek,] and instead thereof insert the words, [little Hollander's Creek, below the Mouth of little Hay Creek, and near the Junction of the Waters of Great Hollander's Creek and Great Hay Creek. ]"

" Pages 2 and 3 .- Dele the Words [and at such place and Dis- tance] in the last Line of page 2-and the Words [from Hay Creek ] in the first Line of page 3."

" Page 3, Line 9 .- after the word [said] add the word [little. ]" " Page 5, Line 7 .- after the word [across ] add the word [little. ]"

" Page 11, Line 1 .- after the word [upon] add the words [the said.]''

"Page 13, Line 6 .- after the word [down ] add the word [little. ]"

The Governor also laid before the Board a Bill sent up by the Assembly for Concurrence, entituled " An Act to enable the own- ers and Possessors of a certain Tract of Marsh and Meadow Land therein described, situate in the Township of Kingsess, in the County of Philadelphia, to keep the Banks, Dams and Sluices in repair, and to raise a Fund to defray the Expences thereof"-which was read and referred to further Consideration.

At a Council held at Philadelphia, on Thursday 16th February, 1769.

PRESENT : i

The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c2.

Benjamin Chew, James Tilghman, } Esquires.

The Board resumed the Consideration of the Bill for enabling: the owners of a Tract of Meadow Land in Kingsess, to keep the Banks, Dams, &cª., in Repair, &cª., and ordered the same to be re- turned to the House with two small amendments.

Two members of Assembly having yesterday again brought up to the Governor the Bill for raising the sum of £16,000, with a Message that the House adhered to the Bill ; the Board took the samd into Consideration, and directed the Secretary to return the said Bill to the House with the following verbal Message, viz":

VOL. IX .- 37.

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A Verbal Message from the Governor to the Assembly.

" Sir :

" The Governor returns the Bill entituled 'An Act for raising the sum of £16,000 for the support of the Government, &ca.,' and commands me to acquaint the House that he has reconsidered the two amendments he proposed to it ; and as the first of them regards only propriety of Expression, and the other is of little consequence to the real merits of the Bill, he consents to wave them.

" February 16th, 1769."

Then were read and considered the three following Bills, sent up by the Assembly for the Governor's Concurrence, Vizt. :

1. " An Act to prevent persons from settling on the Lands with- in the Boundaries of this Province, not purchased of the Indians."

2. " An Act for ascertaining the securities to be given by the Provincial Treasurer for the Time being, for the faithful perform- ance of his Trust."

3. " An Act to enable the Recorder of Deeds of the City and County of Philadelphia, to receive into his Custody the antient Books and Records of the Corporation of Germantown."

To all which a few inconsiderable Amendments were made, and ordered to be carried to the House with the Bills to-morrow.

A Bill entituled " An Act for the relief of James Green, Ben- jamin Davis, and Paul Riffet," was also laid before the Board and read, to which the following Amendments were made and the Bill ordered to be returned to the House with the same to-morrow Morn- ing.

Amendments, Viz“ :

" Page 7, Line 6 .- Dele the word [that] and insert the Words [after which ]."

" Same page, Line 11 .- Dele the word [that]."

" Same page, Line 12 .- Dele the words [upon making such as- signment as aforesaid]."

Friday the 17th of February, A. M.

The Secretary, by the Governor's Directions, carried down to the Assembly the six Bills considered by the Council last Night, with the amendments and Verbal Message, and at the same Time re- turned to the House the Bill for incorporating the society for the Relief of poor, Aged and Infirm Masters of Ships, their Widows and Children, with a Message that the Governor could not agree to pass it into a Law.

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PROVINCIAL COUNCIL.

Eodem die, P. M.

Two Members of Assembly waited on the Governor, and acquaint- ed him that the House having acceded to the amendments made to the Bill returned by His Honour this morning, and being inclined to adjourn to-morrow, requested the Governor to appoint two Mem- bers of Council to join two Members of Assembly to compare the Bills which had been agreed to, with their . engrossed Copies; and his Honour appointed one Member of Council and the Secretary for that purpose.

Council Chamber, Saturday the 18th February, 12 O'Clock.

The several engrossed Bills being compared with their Originals and found to agree, The Governor sent the Secretary with a Mes- sage to the House requiring their attendance, that he might pass the Bills which had received his Assent.

The whole House attending accordingly, the Speaker presented to the Governor the following Bills, which he was pleased to enact into Laws, and issued a Warrant for affixing the Great Seal thereto, and appointed a member of Council and the Secretary to accompany two members of the House to see them Deposited in the Rolls Office, Viz* :

1st. "An Act for regulating, pitching, paving, and cleansing the High Ways, Streets, Lanes, and Alleys, and for regulating, making, and amending the Water Courses and Common Sewers within the inhabited and settled parts of the City of Philadelphia, for raising money to defray the Expences thereof, and for other purposes therein mentioned."

2d. "An Act for raising, by way of Lottery, the Sum of £1687, 10, 0, to be applied to the payment of the arrears of Debt due for erecting and finishing the German reformed Church at York Town, and for the payment of the arrears of Debt due for the erecting and finishing the German Lutheran Churches at Heidleberg and Leba- non, both of Lancaster County."

3d. "Act Act for the Sale of a Church in the City of Philadel- phia, to pay the Debts now due for building the same, and distri- buting the residue of the purchase monies arising from such Sale, among the several persons who have been obliged to advance monies on account of the Said Church."

4th. "A Supplement to an act entituled 'An Act for erecting part of the Counties of Philadelphia, Chester, and Lancaster, into a Separate County.'"'

5. " An Act to enable the Commissioners therein named, to set- tle the Accompts of the Manargers, and to sue for and recover of them, their Executors or Administrators, such Sums of money as

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are now due and unpaid, on account of the Lottery set up and drawn for erecting a new School house for the High Dutch reformed Congregation, and for enabling the Vestry and Wardens of Saint James's Church, in the Borough of Lancaster, to complete the work by them begun; and also to enable the Managers to sue for and recover money due to them for the Sale of Tickets in the said Lottery."

6. " An Act for raising, by way of Lottery, the Sum of £3099 .- 12.0, for the use of the first and third Presbyterian Churches, and the Second Presbyterian Church, in the City of Philadelphia, and of the German reformed Church in the Township of Worcester."

7. " An Act to enable the Managers of the Contributions to the Relief and Employment of the Poor in the City of Philadelphia, to raise the Sum of £14,000 in Bills of Credit, towards discharging their Debts, and to provide a Fund for redeeming and sinking the said Bills."

8. "An Act to enable the Owners and possessors of a certain Tract of Marsh and Meadow Land therein described, Situate in the Township of Kingsess, in the County of Philadelphia, to keep the Banks, Dams, Sluices, and Flood Gates in Repair, and to raise a Fund to defray the Expences thereof."

9. " An Act to enable the Owners and Possessors of the Wica- coa and Moyamensing meadows to erect a Dam across Hollander's Creek, near its Junction with Hay Creek, and for other Purposes therein mentioned."

10. " An Act for raising the Sum of £16,000 for the Support of the Government of this Province, and payment of the Public Debts, and for other Purposes therein mentioned."

11. "An Act for a new Regulation of the Allotments of Banks, Dams, Sluices, and Flood Gates, belonging to the Tinicum Com- pany, Owners and Possessors of drained Meadow Land in the Town- ship of Ridley in the County of Chester."

12. " An Act to enable the Recorder of Deeds for the City and County of Philadelphia to receive into his Custody the antient Books and Records of the Corporation of Germantown."

13. " An Act for the relief of James Green, Benjamin Davis, and Paul Riffet, languishing Prisoners in the Goal of Philadelphia, with respect to the Imprisonment of their Persons."

14. " An Act for ascertaining the security to be given by the Provincial Treasurer for the Time being, for the faithful perform- ance of his Trust."

15. " An Act to prevent Persons from settling on Lands within the Boundaries of this Province, not purchased of the Indians."

16. " An Act to dissolve the Marriage of Curtis Grubb, of the county of Lancaster, Iron Master, with Ann his Wife, (late Ann Few), and to enable him to marry again."

The Speaker then, in behalf of the House, delivered to the Governor a Certificate for £500 towards his Support for the pre- sent Year, for which his Honour thanked them.

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At a Council held at Philadelphia on Thursday the 4th May, 1769.

PRESENT :

The Honourable JOHN PENN, Esquire, Lieutenant Governor,

Richard Peters, James Tilghman, S Esquires.

The Governor laid before the Board a Letter he received by Express from John Vining, Esquire, dated the 30th Ultimo, ac- quainting him of a vacancy in the Supreme Court Commission, and the Court of Oyer and Terminer and General Goal Delivery for the Government of the Lower Counties, occasioned by the Deaths of Jacob Vanbebber and John Clowes, Esquires, late two of the Justices of the said Courts, and of the Necessity of speedily appointing some fit person to the Office of one of the Judges of Oyer and Terminer, in Order to attend the said Court at Dover, the 8th Instant, and Mr. Vining having recommended Cæsar Rodney, Esquire, and several other Gentlemen, as fit Persons to fill the said office, His Honour, with the Advice of the Board, was pleased to issue two Commissions, appointing Richard McWilliam, Esquire, to the Office of second Judge, and Cæsar Rodney, Esquire, to the Office of third Judge of the Supreme Court, and one other commission appointing John Vining, Richard Mc William, and Cæ- sar Rodney, Esquires, to the Office of Judges of the Court of Oyer and Terminer.

His Honour deferred the appointing a fourth Judge till he meets the Assembly at New Castle, at their next Session in June.

At a Council held at Philadelphia, on Monday May the 15th, 1769.

PRESENT :

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

Richard Peters, Benjamin Chew, ? Esquires.

James Tilghman,

The Governor laid before the Board a Letter he lately received from His Excellency Major General Gage, dated the 24th of March last, which was read, and is as follows, viz“ :

A Letter to the Governor from his Excellency Major General Gage.

"NEW YORK, March 24th, 1769.

" Sir :

" His Majesty having thought proper to take the Management of the Trade with the Indian Nations out of the Hands of His

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Superintendants of Indian Affairs, and to leave the Management thereof to the Provinces concerned in said Trade, Sir William John- son finds himself under the Necessity of discharging immediately the Commissaries, Interpreters, and Smiths appointed by him in the Posts and Forts in the interior Country.

" I take the Liberty to acquaint you of this Event, and hope you will be able, without Delay, to appoint Officers to succeed those dis- missed by Sir William Johnson, that the Trade may not suffer through the Want of proper Persons to superintend it. Sir Wil- liam Johnson can give the best Advice concerning the Instructions that should be given to said Officers, as well as concerning the Laws and Regulations necessary to be made for the better carrying on the Trade. I am only to desire to be informed when you shall have settled those Points, in what Shape I can be of use, that I may send Orders accordingly to the Commanders of the several Posts and Forts in the Indian Country to co-operate with your Officers, and give them Assistance in the Execution of their In- structions, whenever their Aid shall be required.

" If the Provinces will appoint Officers to superintend the Trade in such parts of the Indian Country where they appear from their Situations to enjoy the chief Benefit of the Trade, Pennsylvania will appoint at Fort Pitt and the Illinois, New York at Niagara and the Detroit, and Quebec at Misilimakanak; though the Province of Quebec would have only one Post to Superintend, yet the very great Concourse of Indians every Year at Misilimakanak, will make it much more expensive than any of the rest.

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

The Matter contained in the above mentioned Letter being duly considered, the Board were of Opinion that the same should be re- commended to the Assembly by a Message, and the Letter laid before the House. A Message was accordingly drawn and approved, and ordered to be carried with the Letter to the House to Morrow. The said Message is as follows, viz' :

A Message from the Governor to the Assembly.

" Gentlemen :

"You will perceive by a Letter I have received from General Gage, which I have ordered the Secretary to lay before you, that Sir William Johnson, in Obedience to His Majesty's Commands, is under a Necessity of discharging the Commissaries, Interpreters, and Smiths, appointed by him at the Posts in the Interior Country, where the Indian Trade is carried on, and that the General expects I shall be able, without Delay, to appoint Officers to succeed those at Fort Pitt and the Illinois. This, Gentlemen, cannot be done until

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Colonial records of Pennsylvania, Vol. IX, Part 56

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