USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 62
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75
5. " An Act for raising and applying the Sum of three thousand Pounds towards removing the present discontent of the Indians, re- gaining their Friendship, and for other purposes therein men- tioned."-Passed 17th February, 1768.
6. " An Act to continue An Act entituled 'An Act for laying a Duty on Negroes and Mulatto Slaves imported into this Province,' " And another Act entituled " a Supplement to An Act entituled ' An Act for laying a Duty on Negroes and Mulatto Slaves imported into this Province.""-Passed 20th February, 1768.
638
MINUTES OF THE
7. " An Act to amend the Act entituled 'An Act for the better Employment, Relief, and support of the Poor within the City of Philadelphia, the District of Southwark, the Township of Moya- mensing and Passyunk, and the Northern Liberties.' "-Passed Do.
8. " An Act for appropriating a Sum of Money for building the Middle House on the West side of the Barracks, in the Northern Liberties of the City of Philadelphia."-Passed Do.
9. " An Act for incorporating the Society known by the Name and Stile of the Philadelphia Contributionship for the insuring of Houses from Loss by Fire; to ratify and confirm the Articles of Agreement of the Contributors, and to enable them to make suit- able Bye-Laws for the better Management and Prosecution of their said design."-Passed Do.
10. " An Act to enable the Owners and Possessors of a certain Tract of Marsh and Meadow Land therein described, situate in the County of Chester, to keep the Banks, Dams, Sluices and Flood- Gates in Repair, and to raise a Fund to defray the Expence there- of."-Passed Do.
11. " An Act for regulating the Fishery in the River Brandy- wine."-Passed Do.
12. "An Act for raising by way of Lottery, the Sum of five thousand two hundred and fifty pounds for purchasing a public Landing in the Northern Liberties, and paving the Streets of Phil- adelphia."-Passed Do.
" The Lords of the Committee, in obedience to your Majesty's said Order of Reference, did on the 16th of December last, take the said Acts into their Consideration, and thought proper to refer the same to the Lord's Commissioners for Trade and Plantations, who have reported thereupon to this Committee :
" That the above twelve Acts passed in the Province of Pennsyl- vania, had been enacted for purposes of Domestic Economy and Convenience, and from such opinion as they were able to form upon the Matter, it did not appear to them that any of the above num- ber were liable to objection in point of Law, and they have no ob- servations whatsoever to submit respecting either the principles up- on which they have been framed, or the Regulations which they make, except in the two following cases.
"That the first of these respects the Act for raising a certain Sum of Money by Lottery, That this Method of establishing Pro- vincial Lotteries, and raising Money thereby for Domestic purposes and Improvements, has been frequently practiced, and Acts of As- sembly for that purpose have been allowed. Nevertheless, altho' the application of the sum proposed to be raised by the Lottery projected in the said Act, did appear to be directed to purposes evi- dently commodious and beneficial, they could not omit observing that this is a practice which in their opinion ought by no means to be encouraged, as obviously tending to disengage and mislead Ad- venturers therein from Industry and Attention to their proper
1
a
t
S S e
t
b
I f
a a 0
i
Vi te L
1
1
639
PROVINCIAL COUNCIL.
Callings and Occupations, and introduce a Spirit of Dissipation pre- judicial to the Fortunes of Individuals, and the Interests of the Public.
" That the other observation submitted respects the Act for Reg- ulating the Fishery in the River Brandywine:
"That this Act is for laying open the Fishery of the above River to all Persons inhabiting the Country adjacent thereto, under cer- tain Restrictions ; Prohibiting under severe Penalties all Persons from making and erecting any Dams or obstructions, or fixing any Nets across the Stream of the said River, whereby the Fish may be obstructed from going up the same. By this and other Prohibi- tions contained in this Act, it is obvious that the Rights of private Persons claiming exclusive property on the said River may be af- fected. That it does not however appear from any Information they had received that any of your Majesty's Subjects had suffered under this supposed Predicament, nor were they apprized of any Applications or Complaints whatever having been made relative to the above Regulations, either in the Province at or before the Time of passing the above Act, or since its Transmission hither ; they therefore submit it to this Committee to give such advice to Your Majesty touching the Confirmation or Repeal of this Law as shall be thought fit.
"The Lords of the Committee upon Consideration thereof, do agree humbly to Report to your Majesty as their Opinion, that as to the Ten first mentioned Acts, their Lordships have no Objection . to your Majesty's signifying your Royal Approbation and Confir- mation of them That as to the Act (No. 11), entituled " An Act for regulating the Fishery in the River Brandywine," their Lord- ships are of Opinion the same should be suffered to remain in force, in regard no Application has at any Time been made against the said Act, whereby it might have appeared that any of your Majesty's Subjects would suffer by it. And with respect to the Act (No. 12), entituled " An Act for raising by way of Lottery the Sum of five thousand two hundred and fifty pounds, for purchasing a public Landing in the Northern Liberties, and paving the Streets of the City of Philadelphia," their Lordships are of Opinion that the same should likewise be suffered to remain in force, in regard it may already have proceeded to have effect in part, but that it may be adviseable for your Majesty to order the Earl of Hillsborough, one of your Majesty's Principal Secretaries of State, to write to the Lieutenant Governor of the Province of Pennsylvania, acquainting him with the above Reason why the said Act is suffered to remain in force, and further signifying your Majesty's Total Disapprobation of any Acts of that Nature, as highly improper in any of the Pro- vincial Settlements, and therefore, strictly enjoining the said Lieu- tenant Governor, on no pretence whatever to give his Consent to any future Act for raising any sum or sums of Money by way of Lottery without previously writing home to know your Majesty's
-
640
MINUTES OF THE
pleasure therein, and fully stating the several Reasons which may appear to him to make the passing such act adviseable.
His Majesty taking the said Report into Consideration, was pleased with the advice of his Privy Council to approve of what is therein proposed, and accordingly to signify his Royal Approbation of the Ten first mentioned Acts, and as to the eleventh and twelfth of the said Acts, for regulating the Fishery in the River Brandy- wine, and for raising the Sum of five thousand two hundred and fifty pounds by way of Lottery, His Majesty is graciously pleased to permit the said Acts to remain in force, and doth hereby Order that the Right Honourable the Earl of Hillsborough, one of his Majesty's Principal Secretaries of State, do write to the Lieuten- ant Governor of the Province of Pennsylvania, acquainting him with the Reason which has induced His Majesty to permit the said last mentioned Act to remain in Force, and further signifying His Majesty's total Disapprobation of any Acts of that Nature, as highly improper in any of the provincial Settlements ; And therefore, strictly enjoining the said Lieutenant Governor, on no pretence whatever to give his Consent to any future Act for raising any future Sum or Sums of Money by way of Lottery, without previ- ously Writing to know his Majesty's pleasure therein, and fully stating the several Reasons which may appear to him to make the passing such act adviseable.
"W. BLAIR."
At the Court of St. James's, the 6th day of March, 1769.
[L.S] PRESENT:
THE KING'S MOST EXCELLENT MAJESTY.
Lord President,
Viscount Weymouth,
Duke of Queensberry,
Viscount Falmouth,
Earl of Denbigh,
Viscount Barrington,
Earl of Sandwick,
Richard Rigby, Esquire.
Earl of Rochford,
WHEREAS, in pursuance of the Powers granted to the Proprie- taries of the Province of Pensilvania, by Letters patent under the Great Seal, the Deputy Governor, Council and Assembly of the said Province, did in the Months of September 1767, and February 1768, pass ten Acts, which have been Transmitted, and are entituled as follow, viz* :
" An Act to enable the Managers of the Contributions for the Relief and Employment of the Poor in the City of Philadelphia, to borrow the further Sum of three thousand Pounds."-Passed the 26th of September, 1767.
" An Act for obliging Sheriffs and Treasurers of the several Counties within this Province, and the Collector of the Duties on
t
1 1
t C I
S
i
641
PROVINCIAL COUNCIL.
Tonnage, to give sufficient sureties for the faithful Execution of their Trust."-Passed Ditto.
" An Act for the support of the Government of this Province and payment of the Public Debts."-Passed Ditto.
" An Act to remove the Persons now settled and to prevent others from settling on any Lands in this province not purchased of the Indians."-Passed the 3rd of February, 1768.
" An Act for raising and applying the sum of three thousand pounds toward removing the present discontent of the Indians, re- gaining their Friendship, and for other purposes therein mentioned." Passed the 17th of February, 1768.
" An Act to discontinue An Act entituled ' An Act for laying a Duty on Negroes and Mulatto Slaves imported into this Province ;' and another Act entituled 'a Supplement to An Act entituled An Act for laying a Duty on Negroes and Mulatto Slaves imported into this Province '"-Passed the 20th February, 1768.
" An Act to amend the Act intituled ' An Act for the better Em- ployment, Relief and Support of the Poor within the City of Philadelphia, the District of Southwark, the Townships of Moya- mensing, and Passyunk and the Northern Liberties,"-Passed Ditto.
"An Act for appropriating a Sum of Money for building the Middle House on the West side of the Barracks in the Northern Liberties of the City of Philadelphia."-Passed Ditto.
" An Act for incorporating the Society known by the Name and Stile of the Philadelphia Contributionship, for the insuring of Houses from Loss by Fire, to ratify and confirm the Articles of Agreement of the Contributors, and to enable them to make suita- ble Bye Laws for the better Management and prosecution of their said Design."-Passed Ditto.
" An Act to enable the owners and possessors of a certain Tract of Marsh and Meadow Land therein described, situate in the Coun- ty of Chester, to keep the Banks, Dams, Sluices and Flood Gates in repair, and to raise a Fund to defray the Expence thereof."- Passed Ditto.
" His Majesty this day took the said Acts into Consideration, and having received the opinion of the Lords Commissioners for Trade and Plantations, and also of a Committee of the Lords of His Majesty's most Honourable Privy Council, thereupon, is hereby pleased to declare his Approbation of the said Acts ; And pursuant to His Royal pleasure thereupon expressed, the said Acts are hereby confirmed, finally enacted, and ratified accordingly ; Whereof the Deputy Governor, Council and Assembly of the said Province, and all others whom it may concern, are to take Notice and govern themselves accordingly.
"W. BLAIR."
VOL. IX .- 41.
642
MINUTES OF THE
Tuesday the 2d of January, 1770.
MEMORANDUM.
Two Members of Assembly waited on the Governor, and ac- quainted him that the House had met pursuant to their adjourn- ment, and requested to know if His Honour had any Business to lay before them; to which the Governor replied, that he had nothing at present to lay before them, but that as soon as he had, he should communicate the same to the House.
At a Council held at Philadelphia, on Tuesday the 9th of Jan- uary, 1770.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, . &cª.
William Logan,
Benjamin Chew,
Richard Peters,
James Tilghman, Esquires.
Lynford Lardner,
The Governor laid before the Board a Letter from Sir Henry Moore, late Governor of New York, dated the 11th of June, 1769, inclosing a Copy of the Regulations proposed to be made by the Assembly of that Province respecting the Indain Trade, and re- commended to the consideration of the Legislature of this Province and Quebec, which were read, and are as follow, Viz:
"FORT GEORGE, June 11th, 1769.
"Sir:
"The inclosed Paper is a copy of the Regulations which the House of Assembly of this Province proposed to make in regard to the Indian Trade, provided the Provinces of Canada and Pennsyl- "vania shall approve of the same, and concur with them in passing such Laws as will be necessary to carry the Plan into Execution.
" I have been desired by the House of Assembly to transmit their Proposal to the Governors of Canada and Pennsylvania, and at the same Time to request that the Sentiments of the Legisla- tures of those Provinces might be had on a Subject of so much im- . portance.
" I have the Honour to be,
" with great Truth and Regard, Sir, " Your Excelleny's most Obedient and Humble Servant,
" H. MOORE.
" His Excellency JOHN PENN, Esquire." Here follows the Proposals, Viz“ :
" That this Colony impose a Duty of one Shilling Currency per Gallon on all' Rum or distilled Liquor sold at Niagara, and three
1
1
a
1
I
t
th b th di
all tie
1
PROVINCIAL COUNCIL.
643
per cent. on all dry Goods sold at Niagara and Detroit; That the Colonies of Pennsylvania and Quebec do the like.
"That the Duties arising on all Goods sold at either of the above places, be applied for supporting the Trade there, in such manner as shall be directed by Acts of this Colony.
"That the Colony of Quebec impose a Duty of - on all Rum or Distilled Liquor sold at Carrilon, and a Duty of per Cent. on all dry Goods sold at Carrilon, Missilimackinack, and any other Post where there is a Garrison.
"That the Colonies of Pennsylvania and New York pass a like Act.
"That the Duties arising on all Goods sold at either of the above places, or such other Post where there is a Garrison, be ap- plied for supporting the Trade there, in such manner as shall be directed by the Colony of Quebec.
" That the Colony of Pennsylvania impose a Duty of -- per Gallon on all Rum or other Distilled Liquors sold at Pittsburgh, and a Duty of - - per Cent. on all dry Goods sold at Pitts- burgh, Illinois, or any other place or Post where there is a Gar- rison.
" That the Colonies of Quebec and New York pass a like Act.
"That the Duties arising on all Goods sold at either of the above places, or any other place or post where there is a Garrison, be applied for supporting the Trade there, in such manner as shall be directed by the Colony of Pennsylvania.
"That an Act be passed by each of the three mentioned Colo- nies to prohibit Rum being carried any farther than Niagara, Pittsburgh, and Carrilon (except a certain allowance to the Traders and their Servants for their own use). That the Acts provide for one or more Commissioners in each of said Colonies, with whom all Traders shall enter their Goods, and give Security for paying the Duties; That such Commissioners or Commissioner, in the Colony of New York, shall Transmit all the Duties he receives from Tra- ders going to Trade at any of the Posts under the Direction of Pennsylvania or Quebec, to the Commissioner or Commissioners of the said Colonies.
"That the Commissioners of Canada and Pennsylvania do the like with respect to New York and to each other."
The Board taking this matter into Consideration, were of opinion that the Letter, with its inclosure, should be laid before the Assem- bly, and the matters therein contained enforced by a Message to the House, which Mr. Chew and Mr. Tilghman were appointed to draw up.
It is agreed that a proclamation be issued for the Continuance of all Magistrates, and other Officers in the province and lower Coun- ties, till the Governor's further pleasure be made known, which was immediately prepared and is as follows, Viz *:
er ee
C
·
644
MINUTES OF THE
" By the Honourable JOHN PENN, Esquire, Lieutenant Gov- ernor and Commander-in- Chief of the Province of Pennsylvania, and Counties of New Castle, Kent, and Sussex, on Delaware :
"A PROCLAMATION.
" WHEREAS, The Honourable Thomas Penn, and Richard Penn, Esquires, true and absolute proprietaries and Governors in Chief of the Province of Pennsylvania, and Counties of New Castle, Kent, and Sussex, on Delaware, have been pleased, by their Com- mission, under their Hands and Seals, bearing Date the twenty- fourth day of August last, to constitute and re-appoint me to be their Lieutenant Governor of the said Province and Counties, with all necessary powers and Authority for the well governing of the same, which said Appointment the King's most excellent Majesty, in a Council held at St. James's the fifteenth Day of September last past, was graciously pleased to allow and approve of : There- fore, in pursuance of the said Trust in me reposed, having a special Regard to the safety of the State and Government of the said Pro- vince and Counties, and to prevent Failures in the administration of Justice therein, I have, by and with the Advice of the Council of the said Province and Counties, thought fit to Ordain, and do hereby Ordain and declare, that all Orders and Commissions what- soever relating to the Government of the said Province and Coun- ties, heretofore lawfully and rightfully issued, which were in force on the thirty-first day of October last, shall be, continue, and remain in full Force, power, and Virtue, according to their respective Ten- ors, until my further pleasure shall be known therein ; and that all Persons whatsoever, who on the thirty-first day of October last, held or enjoyed any office of Trust or profit in the said Province and Counties, by Virtue of any such Commission as aforesaid, shall continue to hold and enjoy the same until they shall be determined by me, as aforesaid, or by other sufficient Authority ; And I do hereby further command and require all Magistrates, Officers, and Commissioners, whatsoever, in whom any public Trust is reposed in the Government of the said province and Counties, that they diligently proceed in the Performance and discharge of their re- spective Duties therein, for the safety, peace, and well being of the same.
" Given under my Hand & the Great Seal of the said Province, at Philadelphia, the ninth day of January, in the tenth Year of the Reign of our Sovereign Lord George the third of Great Britain, France, and Ireland, King, Defender of the Faith, and · so forth, and in the Year of our Lord one thousand seven hun- dred and Seventy.
" JOHN PENN.
" By His Honour's Command,
" JOSEPH SHIPPEN, Jun"., Secretary. " GOD SAVE THE KING."
cei in ul ti th p th In ma isla in you befo not I h
M de WI th
«
&
0 1
J
645
PROVINCIAL COUNCIL.
A Member of Council then represented to the Board that seve- ral of the Magistrates named in the last Commission of the peace for Kent County are Dead, and others had refused to Qualify; it was therefore thought necessary to issue a new Commission for that County, and to add thereto the names of the five following persons, who were recommended as well qualified to be in the Magistracy, viz" .: Thomas Rodney, Warner Mifflin, James Boyer, Thomas Han- son and Jonathan Emerson, and the Secretary was directed to make out a Commission accordingly.
It is agreed that the Council meet every Monday morning at 10 o'clock, during the Winter Session of Assembly, for the more regu- lar and speedy dispatch of Business.
At a Council held at Philadelphia, on Monday the 15th of January, 1770.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª.
William Logan, Benjamin Chew, Esquires.
Richard Peters, James Tilgham,
Mr. Chew and Mr. Tilghman laid before the Board a Draft of a Message to the Assembly, which was read, and being approved, or- dered to be transcribed and carried to the House this afternoon, with the several papers therein referred to : the Message follows in these words, viz.
A Message from the Governor to the Assembly.
" Gentlemen :
" I have ordered the Secretary to lay before you a Letter I re- ceived from Sir Henry Moore, deceased, late Governor of New York, inclosing a Plan framed by the Assembly of that Province for reg- ulating the Indian Trade, which they propose to carry into Execu- tion, provided the Legislatures of this province and Canada approve the same, and will concur with them in passing Laws for that pur- pose. This Regulation I apprehend, was framed in Consequence of the Earl of Hillsborough's Letter of the 15th of April, 1768, to the several Governors, inclosing a Report of the Lords of Trade upon Indian Affairs, and his Majesty's declaration thereon, to transfer the management of those matters from the Superintendants to the Leg- islatures of the several Colonies, which I laid before the Assembly in my Message of the 16th of January, 1769, and to which I refer you. It was late in Session before I had it in my power to lay them before that Assembly, which I conclude was the Reason they did not then take any Steps towards answering the Royal Expectation. I have since that time received from his Excellency, Major General
-
1
646
MINUTES OF THE
Gage, Commander in Chief in America, two Letters upon the same Subject, the one dated the 24th March, 1769, & the other the 16th April, 1769, which I have also ordered to be laid before you, . by which you will perceive that Sir William Johnson, His Majes- ty's Superintendant for the Northern District, in pursuance of His Majesty's Commands, has found himself under a necessity of dis- charging the Commissaries and other offices by him appointed in posts and Forts in the interior Country ; so that the Indian Trade at present remains entirely without Regulation, for want of proper Officers to superintend it.
"I am persuaded, Gentlemen, I need not labour to convince you of the Importance of this Object, nor how necessary it is for the Welfare of the Province to cultivate a pacific and friendly disposi- tion in the Indians towards us ; nor can I doubt but that You must be thoroughly sensible that proper Regulations of our Trade with them, in order to prevent Impositions on them, must be the most likely means of preserving a good Understanding with them; Indeed, the present interruption of Commerce between this Province and the Mother Country, has, in a great measure, put a stop to our Trade with the Natives, and may be productive of very unfavourable Alarms and Apprehensions on their side, unless some Steps be ta- ken by the Legislature to restore the Trade.
" Another Source of Indian Disturbance is, the making of Settle- ments, marking Trees, and Surveying upon their unpurchased Lands; and as a general Boundary has lately been Settled between those People and his Majesty's Subjects, it will be very proper, in my Opinion, to secure a due regard to it by Laws to restrain and punish such offensive Proceedings.
"I flatter myself, Gentlemen, that you will at once see the Im- portance of the matters I have touched upon, and that You will take them into Your immediate and most serious Consideration, and proceed to the framing of Laws adequate to the Evils intended to be remedied, in which you may be assured of my hearty Concur- rence.
" January 15, 1770."
" JOHN PENN.
The Governor laid before the Board two Bills sent up by the As- sembly for his Concurrence, entituled as follows, Viz *:
1. " An Act for the sale of Goods distrained for Rent, and to secure such Goods to the persons distraining the same, for the better secu- rity of Rents, and to prevent Frauds and abuses committed by Tenants."
2. " An Act for punishing wicked and evil disposed Persons going armed in Disguise, and doing Injuries and Violences to the Persons and Properties of His Majesty's Subjects within this Province, and for the more speedy bringing the Offenders to Justice." Both which were read and considered, and several Amendments being
1
b
1 1
1
t f
1
S
647
PROVINCIAL COUNCIL.
made to them were ordered to be returned to the Assembly with the same.
The Secretary having by the Governor's Directions prepared a Proclamation, offering a Reward of fifty pounds for apprehending and prosecuting to Conviction Joseph Billings, who is charged with Counterfeiting the Bills of Credit of this Province, The same was laid before the Board, agreed to, and ordered to be published in the several News-Papers. The Proclamation was immediately issued, and follows in these Words, Vizt .:
" 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, on Delaware.
" A PROCLAMATION.
" WHEREAS, I have received Information from the Chief Justice, that a certain Joseph Billings stands charged before him with feloniously forging and counterfeiting the Bills of Credit of this Province, and passing the same, to the great Injury and Deceit of His Majesty's liege Subjects. And whereas, the Endeavours hith- erto used for apprehending the said Billings have been ineffectual, and it is highly expedient for the Discouragement of such pernicious and villainous Crimes, that the said Joseph Billings should be brought to exemplary punishment. I have therefore thought fit, with the advice of the Council, to issue this my Proclamation, here- by promising and engaging to pay the Public Reward of Fifty Pounds to any Person or Persons who shall discover, apprehend and secure the said Joseph Billings, so that he be prosecuted to Con- viction. His person is very remarkable, being six feet five inches high, long necked and raw Boned; he is about fifty years of Age, and a Silver Smith or Watch maker by Trade, but often passes by the name of Doctor Billings. He has formerly been committed to several Prisons in this and the neighboring Provinces, for practices of the same kind. And I do hereby strictly charge and enjoin all Judges, Justices, Sheriffs, Constables, Officers Civil and Military, and all other His Majesty's faithful and liege Subjects within this Government, to make diligent search and Enquiry after the said Joseph Billings, and to use all possible means to apprehend and se- cure him in one of the Public Goals of this Province, that he may be proceeded against according to Law.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.