USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 57
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PROVINCIAL COUNCIL.
Provision is made for adequate Salaries for those Officers; And as the Regulation of the Indian Trade is a Matter of public Concern, I doubt not but you will make the necessary Provisions for enabling me to answer the above Requisition.
" May the 16th, 1769."
"JOHN PENN.
Mr. Adam Hoops, of Bucks County, having been recommended as a proper Person to execute the Office of a Magistrate, The Gov- ernor, by the Advice of the Council, directed that a Commission be forthwith made out, appointing him a Justice of the Court of Quar- ter Sessions of the Peace and of the County Court of Common Pleas for the said County of Bucks.
At a Council held at Philadelphia on Tuesday the 16th of May, 1769.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª.
Benjamin Chew, Esquires.
James Tilghman, S
The Governor laid before the Board the following Letter which he received by Express from Charles Stewart, Esquire, dated the 12th Instant.
A Letter to the Governor from Charles Stewart, Esquire.
" Sir :
" This Afternoon about three o'Clock, one hundred and forty-six New England Men, and others, chiefly on Horseback, passed by our Houses, and are now encamped on the East Side of the River. Among them is Benj" Shoemaker and John McDowell, with several of their Neighbours. I spoke to McDowell, who informs me that at least as many more are on their Way, and will be here to-Mor- row. And I have other intelligence that they will in a few days be five hundred strong. If this be true, We can only Act defen- sively until reinforced. At present we are but Twenty-four Men. " On my way up the River from Shamokin, on Wednesday Even- ing last, I was hailed by a Man at the Mouth of Fishing Creek, named James McClure, who told me He and four others, then at a Fire hard by, was an advanced Party of one hundred, going to join the New England Men, and that they would chiefly be from Lan- caster County ; that he would be at Wyoming as soon as Us, but he is not yet come.
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From the View I had of those Gentry in their procession by our Houses, they appear to be at least an equal number of them of the very lowest Class, but are almost all armed and fit for Mischief.
" I am of Opinion, unless a Party of His Majesty's Forces are sent up to remove them, it will be difficult for the Sheriff to raise men enough in Northampton County to effect it, and every Day will add to their Strength, and give them more Spirits to persevere in Mischief.
On conversing with Captain Hunter, Doctor Plunket, and others, at Shamokin, they declared their willingness to come here if wanted, and bring a Party to assist us. Your Honour will consider whether this will be of Service. I think it would as least put a stop to the People coming from Lancaster County, &cª., to join the Yankys, and prevent their getting to the West Branch, which is their de- sign as soon as they can establish a Possession here.
" I have enclosed a List of the Names of as many of them as I could possibly collect in so short a Time, those that are marked thus x are of the former Party. I shall be glad of Your Honour's speedy Instructions, and hope to be able to hold out until reinforced. I have wrote Messieurs Jennings and Gordon how we are circum- stanced, but fancy Mr. Gordon is abroad at present, as he intended a Journey about this Time.
"I am Your Honour's most obedient, " humble Servant, " CHARLES STEWART,
" The Honourable JOHN PENN, Esquire. "Manor of Stoke, Friday May 12th, 1769."
The names following are those referred to in the above Letter :
Benj". Shoemaker,
Comstack, x
John McDowell,
Sam1. Clark,
Sam1. Weyburn,
John Gardner,
John Lee,
John Delong,
Stephen Lee,
John Smith, Esq". & his
Joseph Lee,
Two Sons,-Smith & Smith,
Daniel Hains,
John McDowell, Jun",
Joseph Moss,
Benja Shoemaker, Jun",
Azariah Dean,
Ashur Harrod,
John Wheet,
William Leonard,
John Wharburt,
Elijah Halloway,
Jabez Cook,
Thomas Bennet, x
Sam1. Marvin,
Chambers,
Marvin,
Gore,
Rhuben Halburt,
Benj™ Follet, x
Badcock, Wright.
The foregoing Letter being duly considered, the Governor, with the advice of the Board, thought proper to issue a Proclamation,
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Ebenezer Nuttrip,
John Leonard,
Jacob Welch,
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PROVINCIAL COUNCIL.
forbidding all Persons whatsoever seating themselves on any Lands within this Province without the Express Permission of the Pro- prietaries of this Government, and commanding all those who have illegally taken possession of any Lands, and without permission as aforesaid, immediately to evacuate their Settlements without Delay.
A Letter was also drawn up at the Board, read and approved, which was ordered to be Transcribed and sent to John Jennings, Esquire, Sheriff of Northampton County, with a Copy of the Proclamation (under the Great Seal), by the return of the Ex- press. Another Letter was also drawn up at the same Time, which, being read and approved, was ordered to be copied and sent to Charles Stewart, Esquire, by the same Conveyance ; and a third Letter was prepared and dispatched by another Express to Colonel Francis, at the Forks of the Susquehanna. The said Letters and Proclamation follow in these Words, Vizt :
A Letter from the Governor to John Jennings, Esquire.
" PHILADELPHIA, May 16th, 1769.
" Sir :
" I suppose Mr. Stewart has wrote you the bad State of our Affairs at Wyoming. You will receive herewith a Proclamation, with which I desire you will immediately proceed to Wyoming, with a few reputable people to accompany you, and there publish it to the Connecticut People, in a peaceable and quiet manner. If they should carry the Matter so far as to attempt removing our People by Force, their numbers, I am afraid, are too great to resist, and that they will be obliged to give way for the present, rather than run the hazard of shedding Blood without a proba- bility of Success. I desire you will reduce all you know of the proceedings in the Affair from the begining to an affidavit, in draw- ing up which, I desire Mr. Stewart may assist, and you may make it before him. This will be necessary to send to England in order to institute a proceeding there against these rash in- truders, and to lay before General Gage. I would have you and Mr. Stewart endeavour to penetrate as far as you can into their designs, how far they pretend a Right to the Southward, and what their Intentions are as to the West Branch, and that you will get as many of their Names as you can, especially of the Leaders, or most active amongst them.
"I am, with Regard,
"Your very humble Servant,
"JOHN PENN.
"To JOHN JENNINGS, Esquire, Sheriff of Northampton County."
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A Letter from the Governor to Charles Stewart, Esquire.
" PHILADELPHIA, May the 16th, 1769.
" Sir :
" I received yours of the 12th Instant by Express, and am sorry" to hear those rash and inconsiderate people of New England still persist in their design of settling on the Susquehanna, and that their Numbers are such as nothing less than a Military Force can re- move ; As to any attempts to remove them immediately by Civil Authority, it seems impracticable, and I would not have you at- tempt it. The most you can do for the present is to keep your Possessions as well as you can. I have wrote to the Sheriff of Northampton to proceed to Wyoming, and there publish a Procla- mation, and give any assistance he can in keeping our possessions. I have also wrote to Colonel Francis, and the Officers on the Sus- quehanna, to give you their Aid, if necessary, to secure your Settle- ments, and to be ready at Shamokin, or thereabouts, in order to receive any intelligence you may give them. If you think there is any probability that they can be of any Service, You will write to them on the Occasion.
" At the same Time that I approve of your intentions of holding your Possessions, by all lawful and prudent Measures, I would not have you attempt impossibilities, or expose your persons in resisting even a lawless Superior Force, who may be mad and wicked enough to remove you at all events. This is all which at present appears necessary to say to you, but I shall apply to the Proprietaries for Orders from home, and to General Gage, for any assistance it is in his power to give us, and shall inform you what further steps I shall take with these people, as soon as I shall resolve upon them. "I am, with regard, "Your very humble Servant, " JOHN PENN.
" To CHARLES STEWART, Esquire.
" P S. Pray assist Mr. Jenningsin drawing the affidavit I have instructed him to make."
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A Letter from the Governor to Colonel Francis.
" PHILADELPHIIA, May 26th, 1769.
" Sir :
" By Express from Wyoming, dated the 12th Instant, I have an account that 146 New-Englanders had that afternoon passed by the Settlement there, and encamped on the East Side the River, a little below, that as many more were expected there the next Day, and that it was thought they would soon be five hundred strong. The
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account further informs that they expected to be joined by an hun - dred people, from the lower parts of the Susquehanna, chiefly from Lancaster, and that they were meditating a Settlement on the West Branch I doubt not, but your own Interest, as well as that of the Proprietaries, will excite you and your Corps to give any assistance in your Power to our People at Wyoming, as well as to prevent, if possible, any of our People from joining them.
" I would have you explain in the best manner you can, the folly as well as injustice of the proceeding, which, however it may suc- ceed for a little Time, must at last be submitted to the laws of the Country, which will sooner or later be enforced, either by Civil or Military authority. Besides, it seems scandalous in the People of the Country who have long experienced the indulgance of the Proprietaries, to join a parcel of Robbers, who are come to seize. upon -their Lands by violence.
" The Numbers of the Rioters are such, that it is in vain to think of removing them at present, for anything I can see. A force ne- cessary for this purpose, would be too great an Expense to the pro- prietaries, if it could be raised. All that can at present be done is to attempt keeping the possessions we have got. In this respect, you and your Associates, with such as you may influence to accom- pany you, may be of service, and I have wrote to Mr. Stewart, that if there is any probability of retaining the possessions by the Assistance of the officers and their People, who will be at or about Shamokin, to write to them on the Occasion; and this he will the more readily do, as when lately at Shamokin, Captains Hunter, Plunket, and others, promised him to give any assistance in their power when called upon. What I write to you in General is to the other officers also. If your Health is such as that you can safely venture a Journey, I should be glad you could go your- self to Wyoming, if it appears expedient when you are at Shamo- kin, from which place you may write to Mr. Stewart to know if you can possibly be of any service to him.
" Whatever services you or your Associates can render the Go- vernment on this occasion, will be properly considered by the Pro- prietaries, as well as by,
" Sir, " Your most Obedient, "humble Servant, " JOHN PENN.
" Colonel TURBUTT FRANCIS."
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Here follows the Proclamation :
" By the Honourable JOHN PENN, Esquire, Lieutenant Gov- ·ernor and Commander-in- Chief of the Province of Pennsylvania, and Counties of Newcastle, Kent, and Sussex, upon Delaware :
"A PROCLAMATION.
" WHEREAS, a Number of persons, chiefly belonging to the Colony of Connecticut, have lately, as well as at different Times heretofore, without any Licence or Grant from the Honourable the Proprietaries of this Province, or Authority from this Government, made attempts to possess themselves of and settle upon a large Tract of Land within the Limits of this Province, lying at and be- tween Wyoming, on the River Susquehanna, and Cushietunk, on the River Delaware; and by the intelligence I have this Day re- ceived, a large Number of the Inhabitants of the said Colony, in defiance of all Law and Justice, are, at this Time, with Force and Arms, actually possessing themselves of and seating the Lands at and near Wyoming, and other parts of the North East Branch of Susquehanna, which have lately been purchased of the Indians by the Proprietaries of this Province; And Whereas, divers people belonging to the said Colony, have also, at different Times, en- deavoured to persuade and inveigle many of the Inhabitants of this and the Neighbouring Provinces, to confederate and join with them in such their illegal Designs, and to assist in settling and holding the said Lands by a strong Hand : Wherefore, as well to assert the just Rights of the Proprietaries of this Province to the said Lands, as to warn and prevent any of the Inhabitants of this Government from being unwarily drawn in to join the said Intruders in prose- cuting their illegal settlements, I have judged it proper, by and with the Advice of the Council, to issue this Proclamation, hereby strictly enjoining and requiring, in His Majesty's Name, all and every Person and Persons already settled or residing on the said Lands, without the Licence of the Proprietaries or Authority from this Government, immediately to evacuate their Settlements, and to depart and remove themselves off and from the said Lands without Delay ; And I do hereby forbid all His Majesty's Subjects of this or any other Province or Colony, on any pretence whatsoever, to intrude upon, settle, or possess any of the aforesaid Lands, or any other Lands within the Limits of this Province, without the express permission of the Proprietaries or this Government, as they will answer the Contrary at their Peril, and on Pain of being Prosecuted with the utmost Rigour of the Law. And I do hereby also strictly charge, enjoin, and require all Magistrates, Sheriffs, and other Officers, as well as all other His Ma- jesty's liege Subjects within this Province, to exert themselves and
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use their utmost Endeavours to Prosecute and bring to Justice all Offenders in the Premises.
"Given under my Hand and the Great Seal of the said Province, at Philadelphia, the sixteenth Day of May, in the ninth Year of His Majesty's Reign, and in the Year of Our Lord One Thou- sand seven hundred and sixty-nine.
"JOHN PENN."
" By His Honour's Command.
" JOSEPH SHIPPEN, Junior, Secretary. ·
"GOD SAVE THE KING."
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At a Council held at Philadelphia, on Friday the 19th of May, 1769.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Gov- nor, &cª.
William Logan,
Richard Peters,
Benjamin Chew,
Esquires. ' James Tilghman, S
Two Members of Assembly waited on the Governor and pre- sented him for Concurrence a Bill entituled " An Act for striking ' the Sum of one hundred and twenty thousand Pounds in Bills of Credit, to be emitted on Loan, and providing a Circulating Medium of Commerce and Industry within this Province,' " which was read and referred to further Consideration.
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At a Council held at Philadelphia, on Monday the 22d of May, 1769.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª.
The Board resumed the Consideration of the Bill for striking the Sum of £120,000 in Bills of Credit, to be emitted on Loan, and the following Amendments were made to it, and ordered to be carried to the House with the Bill:
" Page 1. Dele the Words [and Twenty] in the Title of the Bill.
" Page 4, Line 1. Dele the Words [and Twenty].
" Same Page, Lines 5 & 6. Dele the Names Rowland Evans, Joseph Watson, Isaac Pearson, and Jacob Carpenter], and in their stead insert the Names of [Amos Strettell, Mahlon Kirkbride, Jo- seph Gibbons, and James Wright ].
" Page 5, Lines 4, 5, 6, 7. Dele the Words [This Bill shall be accepted by the Trustees of the General Loan Office in all Debts and
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Demands due to the Province for the Sum of -- ], and instead thereof insert as follows, Viz": [This Indented Bill of -, when paid to the Trustees of the General Loan Office, shall be a dis- charge on any Mortgage made to the said Trustees of the like sum of - -].
" Same Page, Line 12 .- Dele the words [first Day of August] and insert the Words [tenth Day of October]."
" Page 6, Line 7 .- Instead of the Word [eleven] insert [sev- en ]."
" Page 12 .- Dele from the Word [Trustees] in the sixth Line, to the Word [in] in Line 10, and instead thereof insert as follows, Viz' : [herein before appointed, or hereafter to be appointed, during the Continuance of this act, another fit person or persons shall be Nominated and appointed by the Governor and Assembly of this Province, and not otherwise ]."
" Page 14, Line 10 .- Instead of the Word [six ] insert the Word [eight ]."
" Page 16, Line 1 .- Dele the Words [and Twenty ]."
" Same page, Line 5. Instead of the Words [first Day of August], insert the Words [tenth Day of October ]."
" Page 17, Line 4. After the Word [well, add the Word [as]."
" Page 18, Line 12. Instead of the Words [first Day of August], insert the Words [tenth Day of October].".
"Page 19, Line 1. Dele the Words [and Twenty]."
"Same page, Line 6. Instead of the Word [Eighty ], insert the Word [Sixty ]."
" Page 20, Line 4. Instead of the Words [first Day of August], insert the Words [tenth Day of October]."
" Page 22, Lines 6 and 7. Instead of the Words [first Day of August ], insert the Words [tenth Day of October ]."
" Same page, penult and last Lines. Instead of the Words [first Day of August ], insert the words [tenth Day of October ]."
" Page 23, Line 7. Dele the Words [and Twenty]."
"Page 29, Line 11. Dele the first Word [to]."
" Page 31, Line 11. After the Word [the], insert the Words [Governor and]."
" Page 32, Line 3. Instead of [remitting], say [re-emitting. ]"
" Same page, Lines 4 and 5. Instead of the Words [first Day of August ], insert the Words [tenth Day of October]."
" Page 33, Line 10. After the Word [the], insert the Words [Governor and]."
" Same page, Line 11. After the Word [appoint], insert the Words [and not otherwise ]."
" Page 34, Line 4. Instead of the Words [first Day of August], insert the Words [tenth Day of October]."
" Page 38, Lines 8, 9. After the Word [Practice ], insert the following Clause, Viz': [Provided nevertheless, and it is hereby declared, that nothing in this Act contained shall extend or be con-
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strued to make the Bills of Credit hereby directed to be emitted, a legal Tender in Payment of any Bargains, Contracts, Debts, Dues, or Demands whatsoever]."
" Same Page, Antepenult Line. Dele the Words [made current], and insert the Words [directed to be emitted]."
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May 23rd, 1769.
Eight Members of Assembly waited on the Governor, and acquainted him that Mr. Galloway, their Speaker, was at present so much indisposed as that he could not give his Attendance on the public Business, and that, therefore, the House had proceeded to the choice of another Speaker, and requested to know when the Members should wait on the Governor to present him. His Honour made Answer that he should be ready for that purpose at 11 o'Clock to-morrow Morning, in the Council Chamber.
Council Chamber, Tuesday, 11 o'Clock, A. M., 23rd of May.
The Governor sent a Message by the Secretary to the Assembly, acquainting them that he attended his appointment in the Council Chamber, and was ready to receive the House with their Speaker. The whole House immediately waited on the Governor, and pre- sented Joseph Fox, Esquire, of whom His Honour was pleased to approve.
The Speaker then, addressing himself to the Governor, said, as his predecessor had already claimed the usual priviledges in behalf of the present Assembly, it was unnecessary for him to renew that Claim, but that with regard to himself, as Speaker, he re- quested that his own unwilling Mistakes might not be imputed to the House, in which the Governor acquiesced.
Wednesday the 24th of May, 1769.
Two Members of Assembly again presented the Bill for striking the Sum of one hundred and twenty thousand pounds in Bills of Credit, to be emitted on Loan, &cª", with an Answer to the Gover- nor's Amendments to the same, which is as follows, Viz":
" Amend' 1. The House adhere to the Bill."
"2. The House adhere to the Bill.".
"3. The House agree to expunge the Names [Rowland Evans, Joseph Watson, Isaac Pearson, & Jacob Carpenter] and propose to
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insert the following, Viz : John Roberts, (Miller), Thomas Watson, James Gibbons, and William Henry, of Lancaster."
"4. Agreed to by the House."
"5, 6, 7, 8, 9, & 10. The House adhere to the Bill."
"11. Agreed to by the House." "12, 13, 14, 15, 16, 17, 18. The House adhere to the Bill."
"19. Agreed to by the House."
"20. The House adhere to the Bill."
"21. Agreed to by the House."
" 22, 23, 24, 25, 26. The House adhere to the Bill."
"27. Agreed to by the House."
" May 24th, 1769."
At a Council held at Philadelphia on Thursday 25th May, 1769.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª.
Richard Peters, Benjamin Chew, Esquires.
Lynford Lardner, James Tilghman, S
The Governor laid before the Board a written Message, sent up yesterday by the House of Assembly, which follows in these Words, Viz':
A Message to the Governor from the Assembly.
"May it Please your Honour :
"We have considered your Message of the sixteenth Instant, and the Letter from His Excellency General Gage therewith, laid before Us, and are cheerfully disposed to give the utmost Attention to maintaining and preserving the Peace and Friendship now happily re-established with the Indians, and where our Laws for regulating the Trade with them appear to be deficient, to alter and amend them; but as our attempting to extend the Laws of this Province beyond the Limits thereof, would be vain and ineffectual to regulate and restrain the Traders from the adjacent Colonies, We conceive it is not in our Power to apply a Remedy adequate to the Occasion.
" When Sir William Johnson communicates to your Honour, as intimated by General Gage, his Sentiments and advice concerning this Business, and points out the Insufficiency of the Laws of this Province now in Force for the Purpose, We shall be better enabled to join with your Honour in the further Consideration thereof.
" Signed by order of the House.
" JOSEPH FOX, Speaker.
"May 24th, 1769."
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Then the Board took into Consideration the Assembly's answer to the Governor's amendments to the Bill for striking £120,000 to be emitted on Loan, and the following Reply being drawn up and agreed to, the Secretary was directed to carry the same to the House with the Bill.
Reply to the Assembly's answer to the Governor's amendments to the Bill entituled An Act for striking the sum of £120,000 in Bills of Credit, &c2.
" Amend'. 1. The Governor adheres to his amendment."
"2. The Governor adheres to his amendment.".
"3. Though the Governor conceives that it is unparliamentary for the House in their answer to this amendment, to propose other persons as Trustees than those mentioned in the Bill and the amend- ment, yet he will on this occasion wave Forms and agree with the House to insert the Names of Thomas Watson, of Bucks County, and William Henry, of Lancaster, instead of Mahlon Kirkbride, and James Wright, but adheres to the other part of his third amend- ment."
"5. The Governor waves his amendment."
" 6. 7. The Governor adheres to his amendments."
" 8. The Governor waves his amendment."
" 9. The Governor adheres to his amendment."
" 10, 12. The Governor waves his amendment."
"13, 14. The Governor adheres to his amendments." 4
" 15, 16, 17. The Governor waves his amendments."
" 18, 20. The Governor adheres to his amendments." "22. The Governor waves his amendment." "23, 24. The Governor adheres to his amendments."
" 25. The Governor waves his amendment."
" 26. The Governor adheres to his amendment." " May 25th, 1769."
The Governor then laid before the Board the three following Bills sent up by the Assembly for his Concurrence, viz":
1. " Au Act for explaining and amending an Act entituled 'An Act for granting the sum of £60,000 to the King's use, and for striking £55,000 thereof in Bills of Credit, and to provide a Fund for sinking the same.' "
2. " An Act tocontinue An Act entituled 'An Act for appointing - Wardens for the Port of Philadelphia, and for the regulating Pilots plying in the River and Bay of Delaware, and price of Pilotage to and from the said Port;' " and
3. " An Act to continue An Act entituled ' An Act to amend An Act entituled 'An Act for the better Employment, Relief and sup- port of the poor within the City of Philadelphia, the District of Southwark, the Townships of Moyamensing and Passyunk and the . Northern Liberties.'"
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Which Bills being duly considered, the two last were approved and ordered to be returned to the Assembly with the Governor's assent, and the following amendments were made to the first men- tioned Bill and ordered to be carried with the Bill to the House.
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