USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 58
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Amendments to the Bill entituled "An Act for explaining and amending An Act entituled ' An Act for granting the Sum of Sixty Thousand Pounds to the King's Use, &ca. '"'
" Page 4, Line 3. After the word [that ] insert the words [as to]." "Same page, Line 6. Dele the words [and the owners thereof] and in their stead insert the words [the owners whereof]."
" Same page, Line 8. Dele the first or second word [the]."
" Page 7, Line 4. Dele the Words [to all intents and purposes whatsoever] and insert the Words [against the Persons only, for whose Delinquencies such Sales have been made, their Heirs and Assigns, and all claiming under them]."
At a Council held at Philadelphia on Friday the 26th of May, 1769.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª.
Richard Peters,
James Tilghman,
Benjamin Chew, r $ Esquires.
The House having last Night again sent up by two Members the Bill for striking £120,000, to be emitted on Loan, with a verbal Message, and several Alterations of the Bill, instead of some of the Amendments proposed by the Governor, His Honour laid them before the Board, and they are as follow, Viz':
A Verbal Message to the Governor from the Assembly.
"The House, desirous to agree with the Governor on a Bill of so much Importance to their Constituents as that entituled " An Act for striking the Sum of £120,000 in Bills of Credit, to be emitted on Loan,' &cª., have reconsidered the same, with his amend- ments thereto, and now beg leave to offer to his Consideration such Corrections and Alterations of the said Bill as are herewith sent up, instead of some of his proposed Amendments.
" May 25th, 1769.
An Answer to the Governor's Reply to the Assembly's Answer to his Amendments to the Bill entituled " An Act for striking the Sum of one hundred and twenty Thousand Pounds in Bills of Cre- dit, to be emitted on Loan," &cª.
for on are the the
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"' Amend".
1. " Agreed to by the House, on the Condition expressed in their Answer to the 14th Amendment."
2. " Agreed to by the House."
3. "The House agree to insert the Name of John Evans, of North Wales, in the Room of John Roberts, and in respect to the other Trustees, adhere to their last Choice."
6. " Agreed to by the House."
7. "The House adhere to the Bill."
9. " Agreed to by the House."
13. " Agreed to by the House."
14. " Agreed to by the House, provided the Governor consents to divide the whole Sum among the several Counties, in the Propor- tions following, viz. :
" £71,700 to the Inhabitants of the City and County of Phila- delphia, and the Counties of Bucks, Chester and Lancaster.
" £6,650 to the Inhabitants of the County of York.
" £7,500 to the Inhabitants of the County of Cumberland.
" £7,500 to the Inhabitants of the County of Berks, and
" £6,650 to the Inhabitants of the County of Northampton.
" 18th. Agreed to by the House.
"20th. The House adhere to the Bill.
"23, 24. The House adhere to the Bill.
"26, The House adhere to the Bill. " May 25th, 1769."
The Council took the above Message and Answer from the As- sembly into Consideration, and observing that they still insisted on the sole Nomination of the Trustees of the Loan Office, and Dispo- sition of the Interest Money, were of Opinion that the Governor ought to maintain his Right to a Share at least of the Exercise of those Powers, as being the undoubted prerogatives of the Crown, and therefore advised the Governor to return the Bill to the House, with a Message signifying his Reasons for refusing his assent thereto.
The following Message was accordingly drawn up and approved, and sent to the House with the Bill.
A Message from the Governor to the Assembly.
« Gentlemen :
"I find by your verbal Message of Yesterday sent up to me, with your Answer to my reply, respecting the Bill entituled " An Act for striking the Sum of £120,000 in Bills of Credit, to be emitted on Loan," &cª, that the only material Points in which we disagree are the Disposition of the Interest Money, and the appointment of the Trustees of the General Loan Office. All I contend for is, that the Governor, who is the King's Representative here, shall have &
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share with the Representatives of the People in the Exercise of both these Powers. But You insist on reserving to yourselves the sole and exclusive Right of nominating all the Trustees, and of apply- ing the whole Interest Money. I offer to divide with you those Rights, which, by the English Constitution, are allowed to be the undoubted Prerogatives of the Crown ; but you are not to be satis- fied without assuming the whole. To save Time, Gentlemen, I must tell you in a few Words, that your Claims appear to me so un- reasonable that I cannot accede to them. At the same Time I can- not help expressing my Concern, that a Bill which you agree to be of so much Importance to the Country, should miscarry by your in- sisting that the Assembly should be invested with Powers which I cannot allow consistent with my Duty to the Crown.
" May 26th, 1769."
"JOHN PENN."
The Governor laid before the Board a Bill entituled " An Act to enable John Cottringer and Joseph Cauffman to hold Lands in this Province," which was sent to him by the Assembly for his Concurrence, during their sitting in February last, and retained un- der his Consideration.
The Board having considered that the Persons mentioned in the Bill are Roman Catholicks, and being of Opinion that any Act for Naturalizing such Persons so as to enable them to hold Lands, would be repugnant to an Act of Parliament passed in the
entituled " An Act ," advised the Governor to refuse his Assent to the said Bill, and the Secretary was directed to carry it back to the Assembly, with a Message that he cannot agree to it.
The Governor laid before the Board a Transcript of a Record of the Conviction of John Thompson, for burglary, by which it ap- peared that at a Court of Oyer and Terminer and General Goal Delivery, held at Philadelphia for the County of Philadelphia, on the tenth Day of April last, before William Allen, John Lawrence, and Thomas Willing, Esquires, Justices of the Supreme Court of Pennsylvania, and of the said Court of Oyer and Terminer, the said John Thompson was tried and Convicted of Felony and Bur- glary, committed in the dwelling House of James Black, in the County of Philadelphia, on the first of January last, and hath re- ceived Sentence of Death for the same.
The said Record, with a Petition of the Jury of the said Court in favour of the Criminal, being duly considered, The Governor, by the advice of the Board, was pleased to grant a Pardon to the said John Thompson, and directed the Secretary to make out the same accordingly.
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Council Chamber, Saturday 11 o'Clock, A. M., May 27th, 1769.
The Governor having received a Message from the Assembly re- questing him to acquaint the House when he would be ready to pass the Bills which he had agreed to, and having appointed this Hour for that Purpose, sent a Message to the House by the Secre- tary, requiring their attendance in the Council Chamber, that He might enact into Laws such Bills as had received his Assent.
The whole House accordingly attended, and the Speaker presented to the Governor the three following Bills, which he was pleased to enact into Laws. His Honour then signed a Warrant for affixing the Great Seal thereto, and appointed the Secretary to accompany two Members of the House to see them Sealed and deposited in the Rolls Office, Vizt .:
" An Act for explaining and amending an Act entituled ' An Act for graning 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 sink- ing the same.'"'
" An Act to continue An Act, entitled 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."
" An Act to continue An Act, entituled, An Act, to amend An Act entituled An Act for the better employment Relief and support of the Poor within the City of Philadelphia, the District of Southwark, the townships of Moyamensing and Passayunk and the Northern Liberties."
The Speaker then acquainted the. Governor that the House pro- posed to adjourn to the 18th of September next, if His Honour had no objection thereto ; to which His Honour said that He had none, and then the House withdrew.
At New Castle, Monday the 5th of June, 1769.
Three Members of Assembly waited on the Governor, and ac- quainted him that the House had met pursuant to adjournment, but before they proceeded to other Business, they would' chuse to take into consideration such Matters as the Governor might have to recommend to them ; and therefore, they requested to know if His Honour had any business to lay before them, to which the Go- vernor replied that he had something to recommend to the Conside- ration of the House, which He should do immediately by a Mes- sage,
The following Message was accordingly delivered to the House by the Secretary, viz":
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A Message from the Governor to the Assembly.
" Gentlemen,
" I am to inform you that in February, 1768, I passed a Law presented to me by the Assembly of Pennsylvania 'for regulating the Fishery in the River Brandywine,' which, however, will not be of any Force or Validity, nor answer the good purposes intended by it, until an Act of a similar kind be passed by the Legislature of this Government. I therefore recommend it to you, to frame such a Bill as will effectually remedy the same Mischiefs and In- conveniences which are intended to be remedied by that Law ; for which Purpose I have directed the Secretary to lay a Copy of it before you.
"JOHN PENN.
"New Castle, the 5th of June, 1769."
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Eodem die, P. M.
Three Members of Assembly waited on the Governor, and pre- sented him the following Address from the House, vizt. :
An Address to His Honour the Governor.
" May it please your Honour :
" We the Representatives of the Freemen of the Government of the Counties of New-Castle, Kent and Sussex, upon Delaware, in General Assembly met, acknowledge the Receipt of your Message of this Day, delivered to the House by Mr. Secretary ; and beg leave to inform your Honour that divers Inhabitants of the Coun- ties of New-Castle and Chester, have presented a petition to this House relating to the Fishery in the River Brandywine, and that the House has made some progress in considering of the Matters prayed for ; And your Honour may rest assured that this House will, without Delay, proceed to a further consideration concerning the Regulation of the said Fishery recommended by your Honour, and come to such determination thereon as the Nature of the af- fair will admit of.
"Signed by Order of the House,
"JOHN VINING, Speaker. " New-Castle, 5th June, 1769.
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Wednesday, June 14th, 1769.
The Assembly sent up on the 8th and 12th Instant, several Bills to the Governor for his Concurrence, which have been read and duly considered, and are entituled as follows, Viz":
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" 1. An Act for the more easy and speedy recovery of small Debts."
2. " An Act concerning Wills made by Persons residing out of this Government."
3. " An Act for the new appointment of Trustees for the several General Loan Offices within this Government."
4. " A Supplement to An Act for the Stopping St. George's Creek, and for embanking and draining a Quantity of Marsh and Cripple on both sides of the said Creek, &cª."
5. " An Act for the more effectual draining and improving the Meadow, Marsh, and Cripple, on Christiana and White Clay Creeks."
6. "An Act for the keeping the Banks, Dams, and Sluices of the Meadow on Red-Hook Creek, in the Hundred and County of New Castle, in Repair."
7. " An Act for aiding the discontinuance of the Process in the Supreme Court, in the County of New Castle, and for appointing other Days for holding the said Court within this Government.
8. " An Act for the more effectual Draining and improving the Marsh, Cripple, & low Land on Morris's Branch, in Appoquinimink Hundred, and County of New Castle, in the Tenure and Occupation of David Finney, Esquire, John Lewis, and others."
The Governor returned the said Bills to the House by the Secre- tary, with a few Amendments to the first mentioned four, and a Verbal Message that he gave his Assent to the others.
Thursday, June the 15th, 1769, P. M.
The following six Bills having been sent up by the Assembly to the Governor for his Concurrence, were duly considered and returned to the House by the Secretary, with one Amendment to one, and a Message that his Honour agreed to the other five, Vizt:
9. " An Act to enable the Owners and Possessors of the Marsh Meadow on the North Side of Christiana River, called Brandywine Marsh, and of a Tract of Meadow, Marsh, and Cripple, on the South Side of the said River, called Hollander's Creek Marsh, and also, of a Tract of Marsh Meadow near New-Port, called Conrad's Crip- ple ; to keep the Banks, Dams, and Sluices in Repair, and to raise a Fund to defray the Expences thereof."
10. "A Supplement to the Act, entituled ' An Act to enable the Owners and Possessors of the Meadow Marsh and Cripple on Red Lyon Creek, in New Castle County, to keep the Banks, Dams, Sluices and Flood-Gates in Repair, and to raise a Fund to defray the Expences thereof.'"
11. " An Act for extending An Act entituled 'An Act to pre- vent Swine running at large without Rings and Yokes in certain
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parts of New-Castle County, within this Government, to a certain part of Apoquinimink Hundred, in the County aforesaid.'"
12. "An Act to enable the Owners and Possessors of the Meadow, Marsh and Cripple on Tom's Creek, in the Hundred and County of New-Castle, to keep the Banks, Dams and Sluices in Repair, and to raise a Fund to defray the Expence thereof."
13. " A Supplement to an Act entituled ' An Act for the effec- tual Draining and improving the Marsh on the North End of the Town of New-Castle, in the Tenure and Occupation of John Finney, Esquire, the Reverend Aeneas Ross, James Sykes, and John Max- well, the Heirs of Benjamin Price, Daniel MeLonon, Robert Mor- rison, John Silsbee, George Munro, Esquire, and Nathaniel Silsbee.' "
14. " An Act to enable the Owners and Possessors of the Tract of Meadow Marsh and Cripple, at Swanwick, in the Hundred and County of New-Castle, to keep the Banks, Dams, Canals, Sluices, and Flood-Gates in Repair."
The Governor then considered the Record of Conviction of Samuel Galloway, of Kent County, for Burglary, and issued a Warrant for his Execution on Saturday the 15th day of July next.
Friday, June 16th, 1769.
Three Members having again brought up the several Bills which have been amended, and acquainted the Governor that the House had acceded to all his Amendments except the additional Clause proposed by his Honour for making the Bill "for the more easy and speedy recovery of small Debts," a Temporary Law, which the Governor now thought proper to recede from, and returned the several amended Bills to the House by the Secretary with his As- sent.
Eodem die, P. M.
Three Members of Assembly presented to the Governor for his Concurrence two Bills, entituled
15. " An Act for amending the Act entituled ' An Act for the Relief of Insolvent Debtors within this Government.' "
16. " A further additional Supplementary Act to the Act enti- tuled ' An Act for the better regulation of the Roads in New-Cas- tle County.'"
Which were duly considered and returned to the House with the Governor's 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 know 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 sixteen Bills agreed on, which the Gov- enacted into Laws, signed a Warrant for affixing the Great Seal thereto, and directed the Secretary to accompany two Members of Assembly to see them Sealed and deposited in the Rolls Office.
The Speaker then, in behalf of the House, thanked the Governor for his Care and Diligence in attending the Business of the Govern- ment, and delivered to him Orders on the Trustees of the Loan Office, for £250, for which His Honour returned the House his thankful acknowledgments.
At a Council held at Philadelphia, on Tuesday the 20th of June, 1769.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &cª.
James Tilghman,
Richard Peters, Esquires.
The Governor laid before the Board a Transcript of a Record of Conviction, whereby it appears that at a Court of Oyer and Termi- ner and General Goal Delivery, holden at Lancaster, in and for the Borough of Lancaster, on Monday the 15th Day of May last, be- fore John Lawrence and Thomas Willing, Esquires, two of the Jus- tices of the said Court, John Adam Berger was tried for and con- victed of Felony and Murder, committed on the Body of Regina Magdalena Berger, on the 24th of December last, and had received Sentence of Death for the samc.
The said Record being taken into Consideration, and no favour- able Circumstances having been reported by the said Judges on be- half of the said Criminal, the Governor, by the advice of the Board, thought proper to issue a Warrant for the Execution of the said John Adam Berger, on Saturday the first of July next.
The Governor then acquainted the Board that it had been repre- sented to him that a Magistrate was much wanted in the Borough of Lancaster, and Robert Boyd, Esq., being thought a proper Per- son to fill the said Office, His Honour was pleased to issue a Com- mission, appointing the said Robert Boyd a Justice of the Peace and of the County Court of Common Pleas for the said County of Lancaster
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At a Council held at Philadelphia, on Tuesday the 11th June, 1769.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &cª.
Benjamin Chew,
Joseph Turner,
Thomas Cadwallader, Esquires.
The Record of Conviction of Samuel Galloway, late of Kent County, Yeoman, was re-considered, and a Warrant of Respite di- rected to the Sheriff, was issued for suspending the Execution of the said Samuel Galloway to the 10th day of November next.
MEMORANDUM, July the 11th, 1769.
The Governor this day received the following Letter from the Honourable William Pitkin, Esquire, Governor of the Colony of Connecticut, Viz *:
" HARTFORD, the 26th of June, 1769.
"Sir :
" I received Yours of the 13th of February last, and thought pro- per to communicate it to the General Assembly of this Colony, as is, and has been the Custom in this Government as to such Letters, before I returned an Answer. I improved the earliest Opportunity herefor, at their Session in May last, but no Resolutions relative to the Subject Matter of your Letter were come into by them. What has been resolved by this Colony in favour of the Susquehanna Purchasers, was in the Year 1755, which, I doubt not, you have long since been advised of. Whatever Correspondance has here- tofore been carried on relative to the Subject, has proved ineffectual as to quieting the Minds of those Interested ; and should the like Correspondance be renewed as to the Bounds of the Colony by our Royal Charter, and the Legality of the Purchase made of the Indians, it would probably be of little avail, Private Opinion being very un- determinate in Cases where Provision is made by Law for issuing them.
"I am truly solicitous that the Peace of your Province, as well as this, should be maintained, and flatter myself that Individuals challenging what they claim their Right, which must be determined in a legal manner, will not disturb the Peace of either, but hope such Measures will be come into, and the whole Affair so adjusted, as greatly to redound to the Emoluments of each of them.
" I am, with Esteem and Regard, Sir,
" Your most obedient humble Servant,
"WM. PITKIN.
" To His Excellency JOHN PENN, Esquire."
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At a Council held at Philadelphia, on Tuesday the 18th of July, 1769.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, President. Joseph Turner, Thomas Cadwalader,
Richard Peters, James Tilghman, Esquires.
Colonel Francis having Yesterday come to Town from the Forks of Susquehanna, and brought the disagreeable News that on the
Day of -, an Indian Man, called young Seneca George, was unfortunately Shot on the West side of Susquehanna, a few miles below Middle Creek, attended at the Board by the desire of the Pre- sident, and acquainted them that He, with some other Persons, had apprehended one Peter Read as the Person suspected to have Shot the said Indian, and brought him before James Burd, Esquire, who, after taking the Deposition of the said Colonel Francis, James Parr, and William Patterson, committed the said Read to Lancaster Goal 'till further Orders should be given by the Judges of the Supream Court; And after Colonel Francis had related the several Particu- lars respecting the killing of the Indian, as set forth in the Deposi- tion which was sent to the Judges of the Supreme Court, the Board took the matter into their Serious Consideration, and were of Opin- ion that a Present of Condolance should be immediately provided and sent to Old Seneca George, and the other Relations of the De- ceased Indian, accompanied with a condoling Message to them from the Government; and that a Letter should be sent by the next Post to Sir William Johnson to inform him of this unfortunate Accident, that he may acquaint the Indians with it in the most proper man- ner.
Mr. Peters and Mr. Tilghman were appointed to confer with the Speaker of the Assembly on the Occasion, in order to know whether He and other Members of the Assembly who were in Town, would engage that the House should pay the Expences of the said Present, and such Charges as might attend the delivery of it.
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At a Council held at Philadelphia, on Wednesday 19th July, 1769.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, President. Joseph Turner, Richard Peters,
William Logan, James Tilghman, S
Esquires,
" Mr. Tilghman and Mr. Peters reported that they had conferred with Mr. Fox on the Subject recommended to them Yesterday, and. that Mr. Fox acquainted them he had consulted several of the.
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Members of Assembly respecting the Present proposed to be made by the Government to the Relations of Young Seneca George, and that they all much approved of the Measure, and made not the least Doubt but the Assembly would chearfully defray the Expence of such Presents as might be thought necessary to be made, as well as the Charges attending the Transportation and Delivery of them.
" Whereupon it was agreed that the following Goods should be sent to Fort Augusta without Delay, and there delivered to the In- dians by Colonel Francis, with a Message to be prepared by Mr. Logan and Mr. Peters, and the Secretary was desired to speak to Mr. Fox and request he would Order the said Goods to be provided accordingly.
Here follows the List of the Goods, Viz:
1 Piece of Black Strouds.
1 Ditto of Black half thicks (or Blue if Black cannot be got).
1 Ditto of Black Striped Duffills.
2 Ditto of Bandanoe Silk Handkerchiefs,'dark Coloured.
1 Dozen of Shirts, Vizt 6 Ruffled and 6 Plain,
2 Pieces of Gartering, Scarlet and Star.
50 lbs of Tobacco.
4 Pair of Shoes, and 4 pair of Buckles.
15 Gallons of Rum in 3 Keggs.
2 lbs of Vermillion.
1 dozen of Small Brass Kettles.
2 Barrels of Pork.
It is also agreed that Flour and Indian Corn sufficient for the In- dians that may come to Augusta, be provided by Colonel Francis, on the Frontiers or at the Susquehanna.
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At a Council held at Philadelphia, on Tuesday the 22d of Au- gust, 1770.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª.
The Honble. James Hamilton, William Logan,
Richard Peters, Lynford Lardner, Esquires. Benjamin Chew, James Tilghman,
A Company of Indians to the Number of 37, including Men, Women, and Children, came to Town on Friday, and to-day five of their principal Men waiting on the Governor, they were invited into the Council, and on their behalf Shoanaszowa, a Sencca Indian, made the following Speech to the Governor :
" Brother :
"I am glad to have an Opportunity of seeing you; We are of your Brethren that live at Chenango, on the Susquehanna, and We
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come down to see our Brother, to tell him that We have of late had a good deal of sickness, and are in great Distress. Our Brothers here have always been kind to Us, and We hope We shall now meet with the same kind Treatment We have always had from You.
A String of Wampum.
" Brother :
" You told us, at the great Treaty that was held last Fall, that You would keep the Road between us open and safe, and be good to us, and desired We would act in the same Manner. Our Dis- position, we assure you, is not changed towards you, it is still the same as ever, and We hope You are likewise of the same good Temper towards Us. We find what you told Us then to be true, for We have come here without any Molestation. The way has not a Stick in it, but all is free and open, and our Journey has been safe.
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