Colonial records of Pennsylvania, Vol. IX, Part 61

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

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The Speaker then, in behalf of the House, thanked the Gover- nor for his careful attendance on the Business of the Government, and delivered to him Orders on the Trustees of the Loan office for £200, for which His Honour expressed his thankful Acknowledge- ments.

At a Council held at Philadelphia on Wednesday 8th November,. 1769.

PRESENT :

The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c

William Logan, Lynford Lardner,

Joseph Turner,

Benjamin Chew,

Esquires.

The Petition of the Inhabitants of Philadelphia and Chester Counties for a new Road to be laid out from the South side of Schuylkill in Kingsess Township, into the present Road leading from the City of Philadelphia to Chester, near Crum Creek, was again laid before the Board and read, and the same being taken. into consideration, it is ordered that. Joseph Fox, Hugh Roberts, Samuel Roads, Daniel Williams, and John Lukins of Philadelphia. County, and Henry Hale Graham, Joseph Gibbons, Samuel Levis,.

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and John Crosby of Chester County, do view the Grounds and Lands between the South side of Schuylkill near the Province House, and that part of the old Provincial Road where the same crosses Crum Creek, or thereabouts, and if they, or any six of them, think a new Road necessary, and of public utility, that they run out the Courses and distances of such a Road as they may judge most convenient and useful, and make their Report to the Governor and Council on or before the - day of -- next, for their further Considera- tion, that they may do therein what shall appear to them most conducive to the Public Good, and for the better information of the Board, it is also ordered that the said Gentlemen, or any six of them, if they think proper to run out such a Road, do annex to their Report as particular an account as they can of the low Grounds, Marshes or Creeks, over which the same will pass.

The Governor then laid before the Board the petition of Richard Vandyke, and other Inhabitants of the Township of Lower Dublin, in the County of Philadelphia, setting forth that the said Richard Vandyke is much injured by the King's High way leading from Philadelphia to Bristol, which runs altogether through his Land, near the Line of John Holme's Land (opposite to the 9 Mile Stone), cutting a Triangular Strip therefrom, and thereby putting him under the necessity of making and maintaining a double Fence, and humbly praying that an order may be issued for viewing the premi- ses, and that the Road be laid out and run along the Line dividing the said Richard'Vandyke's and John Holme's Lands, so that the same be made strait. Which being read and considered, it is ordered that Jonathan Thomas, the present Overseer of the High- way for the said Township of Lower Dublin, together with William Parr, Joseph Redman, William Ashbridge and Leonard Shorcross, or any four of them, do view the Ground along the Line dividing the said Richard Vandyke's and John Holme's Land, and if they find that a good Road may be conveniently made along the said Line, without any Disadvantage or extraordinary Expence to the Public, that they lay the same out accordingly, so as to accomodate the said Richard Vandyke, and make a Return of the Course and Dis- tance of such Alteration as may be made in the said Road, into the Secretary's Office, within six months from this Date, in order that the same may be confirmed by the Governor and Council.

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PROVINCIAL COUNCIL.

At a Council held at Philadelphia, on Thursday 7th of Decem- ber, 1769.

PRESENT :

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

William Logan, Richard Peters,

Lynford Lardner, ? James Tilghman, S

Esquires.

The Governor acquainted the Board that he lately received at New-York, by the Packet, from the Honourable Thomas Penn and Richard Penn, Esquires, a new Commission under their Hands and Seals, dated the 24th of August last, continuing him Lieutenant Gov- ernor of this Province and three Counties on Delaware, from the first day of this Instant, December, (when his former Commission expired), until the first day of December, 1772, as also Copies of His Majesty's Orders in Council, dated the 15th day of September last, one declaring His Majesty's approbation of his appointment to the Government of the said Province and Counties, and the other containing His Royal Orders to the Governor of New-York, or any other of Ilis Majesty's Governors in the Neighboring Provinces, for administering to him the several oaths required by Law to Qualify him for that Trust, and for taking the usual Security for his observing the Acts of Trade and Navigation. His Honour further acquainted the Board that, pursuant to the last mentioned order, he had waited on the Honourable Cadwallader Colden, His Majesty's Lieutenant Governor of New-York, had given the usual Security, and taken and subscribed before him at New-York the sev- eral oaths required by Law, to qualify himself for the Execution of his office of Lieutenant Governor of Pennsylvania, and the said Counties, a Certificate whereof, under Governor Colden's Hand and Seal at Arms, was laid before the Board as were likewise the Com- mission and His Majesty's Order aforesaid.

The Order of Council expressing His Majesty's approbation, and Governor Colden's Certificate, were ordered to be entered on the Minutes of Council, and are as follow, Viz“:

At the Court at St. James's, the 15th Day of September, 1769. PRESENT :

[L. S.] "THE KING'S MOST EXCELLENT MAJESTY.

Duke of Marlborough, Richard Rigby, Esquire,

Viscount Weymouth, Sir Edward Hawke,

Viscount Barrington, George Onslow, Esquire.

" WHEREAS, His Majesty was pleased by his order in Council of the 8th of August, 1766, upon the Representation of Thomas Penn and Richard Penn, Esquires, Proprietaries of the Province of Pennsylvania and Counties of New-Castle, Kent, and Sussex, on

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Delaware, in America, to approve of John Penn, Esquire, the Nephew of the said Thomas Penn, and Eldest Son of the said Richard Penn, to be Deputy Governor of the said Province for the Term of three years, to commence from the first day of December, 1766, and of the said three Counties of New Castle, Kent, and Sus- sex, during his Majesty's Royal will and pleasure only, under the Provisoes and Conditions therein mentioned: And whereas, the said Thomas Penn & Richard Penn have this Day represented to His Majesty at this Board, that they have nominated the said John Penn to be Deputy Governor of the said Province and Counties, from the first of December, 1769, (when his present Commission expires,) until the first Day of December, 1772, and therefore prayed His Majesty's Gracious Allowance and Approbation of the said John Penn, to be Deputy or Lieu- tenant Governor of the said Province and Counties. His Maj- esty taking the same into Consideration, is hereby pleased to ap- prove of the said John Penn to be Deputy Governor of Pennsyl- vania, for and during the aforementioned Term of three years, to commence from the said first day of December next, and of the said three Counties of New Castle, Kent, and Sussex, during His Majesty's Royal will and pleasure only ; provided the said Thomas and Richard Penn do make a Declaration, in such manner as hath been formerly made, relating to His Majesty's Right to the said three Counties, and that the said John Penn do give the usual Se- curity for his observing the acts of Trade and Navigation as in the like Cases, and Qualify himself for that Trust, as required by Law. And in regard the said John Penn is at present in Pennsylva- nia, in the Execution of his Office of Governor of the said Province, His Majesty is therefore hereby pleased to Order that the said John Penn do give the Security above proposed, and likewise qualify himself for that Trust, before the Governor or Commander-in-Chief of His Majesty's Province of New York, for the Time being, or any other of His Majesty's Governor's of the neighbouring Pro- vinces; And His Majesty doth hereby further order that the Lords Commissioners for Trade and Plantations, do prepare and lay before His Majesty at this Board, a Draught of such Instructions as have been usually given by His Majesty to the said Proprietaries on the like Occasions.

" STEPH. COTTRELL."

Here follows Governor Colden's Certificate :

"[L. S.] Cadwallander Colden, Esquire, His Majesty's Lieutenant Governor and Commander-in-Chief of the Province of Now York, and the Territories depending thereon in America :

" To all to whom these Presents shall come, Greeting : -

" I do hereby Certify and make known that, on the Day of the Date of these Presents, John Penn, Esquire, Deputy Governor of

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the Province of Pennsylvania and Counties of New Castle, Kent, and Sussex, on Delaware, Personally came before me, and pursuant to His Majesty's Order in Council of the 15th Day of September last,'took and subscribed the Oaths required by Law to be taken, and the Abjuration Oath mentioned in the Act of Parliament, made in the sixth Year of His Majesty's Reign, and also took an oath for the faithful Execution of his Office, and for the due observ- ance of all the Acts of Trade and Navigation heretofore passed and now in force, relating to His Majesty's Colonies and Planta- tions, according to the true Intent and meaning thereof, so far as appertains unto him the said John Penn, Esquire, as Deputy Governor and Commander-in-Chief of the said Province and Counties.

" And I do further Certify that the said John Penn, Esquire, hath given bond to His Majesty, with good and sufficient Security, in the Penalty of two thousand Pounds Sterling, for his observing the said several Acts of Trade and Navigation, and obeying such Instructions relating thereto as shall be from time to time sent from His Majesty, or any acting under his Majesty's Authority, which Bond remains in my Hands, to be Transmitted to the Right Honourable the Lords Commissioners for Trade and Plantations comformable to His Majesty's Royal Commands, signified in His order of Council above mentioned.

" In Testimony whereof I have hereunto set my Hand and Seal-at- Arms, at Fort George, in the city of New York, the thirtieth day of November, in the year of our Lord one thousand seven hundred and sixty-nine, and in the tenth year of the Reign of Sovereign Lord George the third, King of Great Britain, &ca

"CADWALLADER COLDEN.

The Governor then, attended by his Council, the Mayor, Re- corder, and Commonality of this City, (Who had Notice given them to attend on this occasion), and preceded by the Sheriff and His officers, went in Procession to the Court House, where the Commis- sion and the Order of Council declaring His Majesty's Approbation, were read by the Secretary, in the Presence of a Concourse of Peo- ple.

At a Council held at Philadelphia, on Friday the 22d of Decem- ber, 1769.

PRESENT :

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

James Hamilton,

Richard Peters, Esquires.

James Tilghman,

The Governor laid before the Board a Transcript of a Record of the Conviction of Cornelius Donnahy, for Felony and Murder, by

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which it appeared that at a Court of Oyer and Terminer and Gen- eral Goal Delivery, held at Carlisle for the County of Cumberland, on the 29th of November last, before John Lawrence and Thomas Willing, Esquires, two of the Justices of the Supream Court of the Province of Pennsylvania and of the said Court of Oyer and Ter- miner, the said Cornelius Donnahy was tried and Convicted of a Felony and Murder committed on the Body of a certain William King, and received Sentence of Death for the same.

The Board took this matter into consideration, and it appearing by the Report of the Judges to the Governor, that the said Corne- lius Donnahy is an Atrocious Murderer, and deserves no Compas- sion, were of Opinion that the Sentence of the said Court should be put in Execution against him. The Governor accordingly signed a Warrant for the Execution of the said Cornelius Donnahy, at Carlisle, on Saturday the 13th Day of January next.

Mr. Hamilton acquainted the Board that in the Year 1750 he had received several Reports of the Slitting Mills, Plating Forges and Steel Furnaces, within this Province, made to him by the Sher- iffs of Philadelphia, Bucks, Chester, and Lancaster Counties, pur- suant to his Proclamation which he had issued the same Year, re- quiring them so to do, and that he had Transmitted a Certificate thereof to the Lords of Trade, agreeable to the Act of Parliament,. but that as they had by some Mistake been omitted to be entered in the Council Books, he now laid them before the Governor and Council for that Purpose. The Board accordingly directed the Secretary to enter them on the Minutes of Council, and they are as follow, Vizt:

" In Obedience to the Commands of the Honourable James Ham- ilton, Esquire, Lieutenant Governor and Commander-in-Chief of the Province of Pennsylvania, &ca., by a Proclamation of the Six- teenth day of August last past, under the Governor's hand and the great Seal of the said Province, requiring and commanding the Sheriff of every County in the said Province, respectively, on or before the twenty-first Day of September Instant, to appear before him at the City of Philadelphia, and then and there by Writings. under their Hands and Seals, to Certify and make known to him every Mill or Engine for Slitting and Rolling of Iron, every Plating Forge for working with a Tilt hammer, and every Furnace for making of Steel, which were erected within their respective Coun- ties on the twenty-fourth day of June last past, and the Place and Places were the same were erected, with the Name of their Reputed Proprietor or Proprietors, and the Occupiers of them, and every of them, and whether they or any of them were used on the twenty- fourth day of June or not, as they and each of them will answer the Contrary at their Peril. I do humbly Certify that William Branson, of the City of Philadelphia, is Owner and Occupier of a Furnace for the making of Steel, erected within the City of Phila- delphia, which was in use on or before the 24th day of June last

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past. And that Stephen Paschall, of the said City, is Owner and Occupier of a Furnace for the making of Steel, erected within the City of Philadelphia aforesaid, which was in use on or before the 24th' day of June last. And that John Hall, of the County of Philadelphia, is owner of a plating Forge to work with a Tilt Ham- mer, erected in the Township of Biburry, in the County aforesaid, which Forge is at present much Impaired and Decayed, and has not been in use for twelve Months past.

"The above contains a true account of all the Mills, Engines, Forges, and Furnaces within my Bailiwick.

" Witness my Hand and Seal in Philadelphia, the Sixteenth day of September, in the twenty-fourth Ycar of his Majesty's Reign, Anno. 1750.

"RICHARD SEWELL, Sheriff. [L. S.] "Philadelphia County."

To the Honourable JAMES HAMILTON, Esquire, Lieutenant Governor of the Province of Pennsylvania.

" May it please the Governor :

" As I am a Proprietor of a Furnace for making Steel, in Obe- dience to your Honour's Proclamation, I present the Condition thereof as follows :

" It was built in the Year 1747, on a Lot the North West Cor- ner of Wallnut Street, and the Eighth Street of Delaware Front, in the City of Philadelphia, in the Province of Pennsylvania. It had been worked at, and was in good Working Order on the 24th day of. June, one thousand seven hundred and fifty, There being then on the Spot, Wood, Coal, Iron, the converting Ingredients, and other Articles proper for making Steel.

" The Property is absolutely in Me, as I am ready to produce my Deed for the Ground, and the Testimony of the Workman who erected it for me.

"STEPHEN PASCHALL ..

"September 18th, 1750."

" Lewis Evans, of the City of Philadelphia, a Gentleman, on his Solemn Oath on the Holy Evangelists, doth declare, That about two or three Years ago he was in the building commonly called Stephen Paschall's Steel Furnace, near Wallnut Street, in Philadelphia, where he saw the Furnace with Fire therein, and a man tending the Fire, with whom he had some discourse as about how long the Batch, or Fire had been in, and some other Things about Steel, wherewith he supposed the Furnace then charged; That, tho' he had not then

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. an Opportunity to look so much into the Furnace as to see the Iron, he made no doubt but they were then converting Iron into Steel, as he was previously informed by the said Paschall of his design of erecting a Steel Furnace, and did soon after enquire, and was in- formed by him of his Success therein, which the Deponent was the more curious to know, as he thought it the first attempt of the said Paschall to make Steel in the large Way; And the Deponent further declares, that from the said Time to the 24th of June, 1750, and until this Day, the said Building, with the Furnace therein, was standing as a Furnace for making Steel, and not for any other use ; And further this Deponent saith not.

"LEWIS EVANS.

"Philadelphia, September 20th, 1750."

"Jacob Shoemaker, of the City of Philadelphia, Spinning Wheel Maker, one of the People called Quakers, on his Solemn Affirma- tion doth declare that, in the Year 1747, he was well acquainted with Stephen Paschall's erecting a Steel Furnace near the North side of Wallnut Street, in the said City, and hath seen Fire burn- ing therein, and blistered Iron drawn out thereof, proved and found to be Steel ; And the said Affirmant further declares, that the said Steel Works, Furnace, or Oven, has been, to his Knowledge, stand- ing from that Time to this Day.

"JACOB SHOEMAKER.

" Philadelphia, September 20th, 1750."

" Thomas Shoemaker, of the City of Philadelphia, Carpenter, one of the People called Quakers, on his Solemn Affirmation doth - declare, That in 1747 he erected the Building or House inclosing the Steel Furnace of Stepen Paschall, near the North West Corner of Walnut and the eighth Streets, in the said City; That he hath several Times seen Fire burning therein, and a Proof Barr brought for trial of the Steel made therein, and blistered Iron, said to be Steel, brought out thereof; and that to his Knowledge, the said Furnace or Oven hath been Standing for making Steel, and no other use, from that time to this Day.

" THOMAS SHOEMAKER.

" Philadelphia, September 20th, 1750."

" Be it known, that before me, Thomas Lawrence, Esquire, Mayor of the City of Philadelphia, Lewis Evans, Jacob Shoemaker, and Thomas Shoemaker, Persons of Good Credit, and worthy of Belief,

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who were respectively sworn and affirmed to the above Affidavits ; As Witness my Hand and Seal this 20th of September, 1750. "THOMAS LAWRENCE, Mayor. [L. S]"

" To the Honourable JAMES HAMILTON, Esquire, Lieutenant Governor of the Province of Pennsylvania, and Counties of New- astle, Kent, and Sussex, on Delaware.

"I, Joseph Hart, High Sheriff of the County of Bucks, in the said Province, in Obedience to your Honour's Proclamation, dated the 16th day of August last past, do humbly certify and make known to your Honour, that after diligent enquiry by me made throughout my Bailywick, I find there are no Mills or Engines for Slitting and Rolling of Iron, or Plateing Forge to work with a Tilt Hammer, or Furnace for making of Steel, which were erected within the County of Bucks aforesaid, on the 24th day of June last, or at any time since, to my Knowledge ; all which is humbly submitted to your Honour.

"Given under my Hand and Seal at Newtown, in the County of Bucks, the twentieth day of September, in the Year of our Lord one thousand seven hundred and fifty, and in the twenty-fourth Year of His Majesty's Reign.

"JOSEPH HART, Sheriff. [L. S]."

" To the Honourable JAMES HAMILTON, Esquire, Lieuten- ant Governor and Commander-in-Chief of the Province of Penn- sylvania, and Counties of New Castle, Kent, and Sussex, on Delaware.

"I, John Owen, Sheriff of the County of Chester, in the said Province, do certify and make known, That there is but one Mill or Engine for Slitting and rolling of Iron within the County afore- said, which is situate in Thornbury Township, and was erected in the Year one thousand seven hundred and forty-six, by John Tay- lor, the present proprietor thereof, who, with his Servants and Work- men, has ever since, until the twenty-fourth day of June last, used and occupied the same. And I do hereby further Certify that there is not any Plating Forge to work with a Tilt-Hammer, nor any Fur- nace for making of Steel, within the said County of Chester.

" In Witness whereof, I have hereunto set my Hand and Seal, this eighteenth Day of September, in the Year of our Lord one thou- . sand seven Hundred and fifty.

"JOHN OWEN, Sheriff. [L. S]."

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" To the Honourable the Governor of Pennsylvania :

" May it please the Governor :

" On receipt of your Honour's Proclamation relating to slitting Mills, &ca., I immediately published it and made it my Business to enquire whether there were within this County any such mills as are there described; and on the strictest enquiry, I do hereby Cer- tify to your Honour, that there is not within the County of Lancas- ter any Mill or Engine for Slitting and Rolling of Iron, or any plating Forge to work with a Tilt-Hammer, or Furnace for making of Steel.

" Witness my Hand and Seal, this third Day of September, in the Year one thousand seven hundred and fifty.

" ANDREW WORK, Sheriff. [L. S ]"

MEMORANDUM.

The Governor, while he was at New Castle in June last, re- ceived a Letter from the Earl of Hillsborough, one of His Maj- esty's principal Secretaries of State, dated the 24th of March last, inclosing two Orders of Council respecting the passing of several Laws of this Province, in September 1767, and February 1768, which having been omitted to be entered in their proper place, are as follows, Viz“:

(No. 19.) " WHITEHALL, March 24th, 1769.

"Sir :

" Inclosed I send you an Order of His Majesty in Council, on the sixth Instant, approving several Laws of Pennsylvania, passed in the Months of September 1767, and February 1768 ; and also another Order of His Majesty in Council on the same day, approv- ing a Report made upon these and other Laws of Pennsylvania, by the Lords of the Committee, in which Report, as recited in the Order, you will see their Lordships' Observations upon two Laws, concerning the propriety of which some doubts had occurred; and I am, pursuant to the said Order, to signify to you that the Law therein referred to for raising Money by Lottery, is suffered to re- main in force from no other consideration but that of its having been in part carried into Execution, and that as His Majesty does entirely disapprove of any Laws being passed in the Colonies for raising Money by Lottery, it is therefore His Majesty's Pleasure that you do not, upon any pretence whatever, give your Consent to any future Act of that Nature, without having previously received His Majesty's Royal Permission for that purpose, upon a full rep-

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resentation made to His Majesty of the reason and Necessity for enacting such Law.

"I am with great Regard, Sir, " Your most obedient Humble Servant,

" HILLSBOROUGH.

" Deputy Governor PENN."

At the Court at St. James', the 6th Day of March, 1769. PRESENT :

[L. S.] THE KING'S MOST EXCELLENT MAJESTY.

Lord President,

Viscount Weymouth,

Duke of Queensberry,

Viscount Falmouth,

Earl of Dembigh,

Viscount Barrington,

Earl of Sandwich,

Richard Rigby, Esquire.

Earl of Rochford.

WHEREAS, there was this Day read at the Board a Report from the Right Honourable the Lords of the Committee of Council for Plantation Affairs, dated the 18th day of last Month, in the words following, Vizt. :

" Your Majesty having been pleased by your order in Council of the 23rd day of November last, to refer unto this Committee twelve Acts passed in the Province of Pennsylvania, in September 1767, and February 1768, entituled as follows," Vizt :

Nº. 1. " An Act to enable the Managers of the Contributions for the Relief and Employment of the Poor in the City of Philadel- phia, to borrow the further Sum of three thousand Pounds."-Passed 26th September, 1767.

Nº. 2. "An Act for obliging Sheriffs and Treasurers of the sev- eral Counties within this Province, and the Collector of the Duties on Tonnage, to give sufficient Sureties for the faithful Execution of their Trust."-Passed 26th September, 1767.

3. " An Act for the support of the Government of this Province, and Payment of the Public Debts .- Passed Do.

4. " An Act to remove the Persons now settled, and to prevent others from settling, on any Lands in this Province not purchased by the Indians."-Passed the third of February, 1768.

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Colonial records of Pennsylvania, Vol. IX, Part 61

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