USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 63
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
"Given under my Hand and the Great Seal of the said Province, at Philadelphia, the fifteenth day of January, in the Year of our Lord one thousand seven hundred and seventy, and in the tenth Year of His Majesty's Reign.
"JOHN PENN.
" By His Honour's Command,
" JOSEPH SHIPPEN, Junior, Secretary. "GOD SAVE THE KING."
648
MINUTES OF THE
Several Indians lately come to Town from Diahogo, on the Sus -. quehanna, a few Days ago represented to the Governor their Pov- erty and distressed Situation for want of Cloathing, and Petitioned him for Relief. The Board advised the Governor to recommend it to the Assembly to supply their wants, and also to make Provision for defraying such like Indian Expences in future.
His Honour therefore sent to the House the following Verbal Message by the Secretary, Viz":
A Verbal Message from the Governor to the Assembly. " Sir :
" The Governor commands me to acquaint the House that sev- eral poor Indians are come to Town from the Upper Parts of Sus- quehanna, to petition for some Cloathes and Necessaries, of which they are almost destitute. His Honour therefore requests the House will order their present Wants to be supplied ; and as such occasions frequently occur, that they will also provide a Fund for any future Expences of the same kind.
"January 15th, 1770."
At a Council held at Philadelphia, on Monday the 22d of Jan- uary, 1770.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c
Richard Peters,
Lynford Lardner,
Benjamin Chew, - Esquires.
One of the Members of Council acquainted the Governor that a Negro Man was confined in the Goal of Chester County, for an attempt of a Rape, and that there was no Commission in Force for Trying him. His Honour therefore, with the Advice of the Coun- cil, issued a commission appointing William Parker and Richard Reily, Esquires, Justices for holding Courts in that . County for the Trial of Negroes, according to Law.
At a Council held at Philadelphia, on Tuesday the 30th of January, 1770.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, & ca.
Benjamin Chew, Esquires.
William Logan,
Richard Peters, James Tilghman, S
The Governor laid before the Board a Bill sent up last Week by · the Assembly for his Concurrence, entituled " An Act for Striking
P
r
a
a a tl
a
0 A T P P
a
[
L
f d s a 01
in
th
D tl
649
PROVINCIAL COUNCIL.
the Sum of £120,000 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 Considered, and ordered to be returned to the Assembly, with the following Amendments, Viz .:
Amendments, Viz+ :
Ist. Page 4, Line 5th. After the name [Samuel Preston Moore] add the Words [Amos Strettell and].
2d. Same Pa. Line 6. Dele the Words [and John Wilkinson ].
3. Page 5, Lines 4, 5, 6. Dele the Words [This Bill shall be accepted by the Trustees of the General Loan Office, in all Debts and Demands due to the Province for the Sum of,] and instead thereof insert as follows, Vizt [This Indented Bill of
when paid to the Trustees of the General Loan office, shall be a Discharge on any Mortgage or Bond made to the said Trustees of the like Sum of-
4th. Page 12, Line 6 &cª., Dele from the word [Trustees ] in the sixth Line, to the Word [in] in the tenth Line, and instead thereof insert as follows, Viz": [hereinbefore 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, unless such Death shall happen at a Time when there may be no Lieutenant Governor appointed to this Province, in which Case another fit person or persons shall be ap- pointed by the Assembly, and not otherwise].
5th, Page 14, Line 10. After the Word [Province] add the words [two or more sufficient Sureties, such as the Governor shall approve of ].
6. Page 17, Line 4. After the word [well] add the word [as].
7. Same page, Line 5. Dele the Words [of the Titles].
8. Page 31, Line 11. After the Word [the ] insert the words [Governor and].
9. Page 33, Line 10. After the word [the] insert the words [Governor and].
10. Page 34, Line 1. Dele the words [hereof or].
11. Same page, Line 2. Dele the words [heretofore taken or ].
12. 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- 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].
13. Same page, Line 13. Dele the words [made current] and insert the words [directed to be emitted.]
January 30th, 1770.
Then was also read and considered A Bill which was sent up by- the House for the Governor's Concurrence, entituled " An Act for
650
MINUTES OF THE
incorporting the Society formed for the Relief of Poor, Aged, and Infirm Masters of Ships, their Widows and Children," to which the two following Amendments were made, and ordered to be returned to the House with the Bill, Vizt .:
1st. Page 10, Line 12. After the Word [Meeting], insert the Words [and shall also be approved of by the Chief Justice, the Speaker of the Assembly, and the Attorney General of this Pro- vince for the Time being, under their Hands and Seals].
2ond. Page 11, Lines 5 & 6. Dele the Words [and that the said Election shall be held on the said first Monday, January ].
At a Council held at Philadelphia, on Monday the 5th of Febru- ary, 1770.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca.
William Logan,
Lynford Lardner,
Richard Peters, - Benjamin Chew, & Esquires.
James Tilghman,
The Governor laid before the Board a Bill sent up by the Assem- bly for his Concurrence, entituled " An Act to prevent any Person from being chosen a Member of Assembly for any City or County within this Province, except he be a Resident in such City or County, and to enable the Inhabitants of the Counties of Berks and North- ampton to chuse two Representatives for each of the said Counties," which was read and considered, and ordered to be returned to the Assembly with the following Amendments, Vizt :
Amendment 1st. Dele from the Word [Act] in the first Line of the Title, to the Word [to] in the sixth Line.
2ond. Dele from the Word [Whereas] inclusive, in the Ante penult Line of page 1, to the Word [Assembly] inclusive, in the 9th Line of Page 2.
3rd. Dele from the Word [that] inclusive, in the 4th Line of Page 3, to the Word [aforesaid] inclusive, in the 8th Line of Page 4.
February 5th, 1770.
The Governor then laid before the Board two other Bills which he received from the Assembly, entituled " An Act for preventing Frauds and Abuses in Gold and Silver Wares made and sold in this Province," and " An Act for erecting a public Market Place on Cal- lowhills, in the Northern Liberties of the City of Philadelphia, and for other purposes therein mentioned," both which were read and considered, and the Secretary directed to return them to the House, with a Message that the Governor could not agree to pass them into Laws.
1
1
1 t e
N fo I b C li
Ř h in te an a E
0 le or
re
sa S sa
re Bi tog
651
PROVINCIAL COUNCIL.
At a Council held at Philadelphia, on Friday the 9th of February, 1770.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Gov- ernor, &cª.
William Logan, Richard Peters,
Benjamin Chew, { James Tilghman, S
Esquires.
The Secretary presented to the Board a Petition from sundry In- habitants of this Province, setting forth, "That on a late view of the Country, it has been found that a good Waggon Road may be easily made at a Moderate Expence, from Fort Augusta to Ellis Hughes's Saw Mill, on the navigable part of Schuylkill, about 30 Miles above Reading, there being few Obstructions in the Way from Mountains or Creeks, and the Distance not above forty, or at most, forty-five Miles. That the opening so good a Communication by Land from the Junction of the East and West Branches of Susque- hanna to Schuylkill, will afford the most advantageous Route for carrying on a Trade with the Northern and Western Indians, and likewise be the means of bringing all the Produce of the rich Lands lying on and near those extensive and Navigable Waters, at a cheap Rate, to the City of Philadelphia, thereby greatly conducing to en- hance the Value of those Lands, encourage the Settlement and improvement of the back Country, and promote the Commercial In- terest of the City and Province, and therefore praying the Governor and Council to appoint proper Commissioners to View the Grounds, and lay out a Public Road from Schuylkill aforesaid, near the said Ellis Hughes's Saw-Mill to Fort Augusta, and to advise and Order measures to be taken for opening and clearing the same."
The Board taking the said Petition into Consideration, and being of Opinion that such a Road will be of great Public Utility, It is Ordered that George Webb, Esquire, Jonathan Lodge, Henry Mil- ler, Henry Shoemaker, John Webb, Isaac Willets, and Job Hughes, or any four of them, do View and lay out a Road from Schuylkill, near the said Ellis Hughes's Saw Mill, in the most convenient and di- rect Courses, through the County of Berks to Fort Augusta, and to make a Return of the Courses and Distances, with a Draught of the . same, into the Provincial Secretary's Office, with all convenient .
Speed, in Order to be confirmed by the Governor and Council, if the same shall be approved.
The Governor then laid before the Board an Answer which he received last Week from the Assembly, to his Amendments to the Bill for Striking £120,000 in Bills of Credit, to be emitted on Loan, together with the Bill sent up therewith, Viz":
652
MINUTES OF THE
Answer to the Governor's Amendments to the Bill entituled " An 1 Act for Striking the Sum of one hundred and twenty thousand Pounds in Bills of Credit, to be emitted on Loan, &ca."
Amendments 1st & 2d. The House agree to leave out the Name [John Wilkinson ], and instead of inserting the Words [Amos Stret- tell] propose Philip Syng as a Trustee.
Amendment 3d. [Referring to Page the third, but supposed to be intended for Page the fifth]; agreed to by the House.
Amendment 4th. The House adhere to the Bill.
Amendment 5th. Agreed to by the House.
Amendment 6th. Agreed to by the House.
Amendment 7th. Agreed to by the House.
Amendment 8th. Agreed to by the House.
Amendment 9th. Agreed to by the House.
Amendment 10th. Agreed to by the House.
Amendment 11th. Agreed to by the House.
Amendment 12th. The House adhere to the Bill.
Amendment 13th. Agreed to by the House. February 1st, 1770.
The Board taking the said Answer into Consideration, prepared the following Reply thereto, which the Secretary was directed to carry to the House with the Bill, Viz *:
Amendment 1st & 2nd. The Governor adheres to his Amend- ments.
Amendment 4th. The Governor adheres to his Amendment.
Amendment 12th. The Governor consents to Wave this Amend- ment, provided the Assembly will agree to the following additional Amendments, which he proposes in the Title and Preamble of the Bill.
Dele the Words [and providing a Circulating Medium of Com- merce and Industry ] in the Title of the Bill.
Dele the whole Preamble of the Bill, and insert instead thereof as follows, To Wit :
WHEREAS, through the Scarcity of Gold and Silver within this Province, occasioned by the frequent Remittances thereof to Great Britain, in discharge of the Debts continually accruing by the Im- portation of Merchandize and Manufactures from thence, and by the constant sinking of the Bills of Credit emitted during the late War, and granted to His Majesty for the Protection of His American Dominions, The Improvement and Population of this Province is greatly obstructed, and the Government deprived of the means of paying its just Debts and supporting its Credit and Honour.
For the remedying of which Mischiefs,
The Governor having again received the Bill for preventing any Person being chosen a Member of Assembly, for any City or County, except he be a Resident, &cª., with a Verbal Message from the As-
1
- t
8
a
1
1
t
653
PROVINCIAL COUNCIL.
sembly, that the House adhered to the Bill, the Board agreed, and ordered that the Bill be returned to the House, with a Message ac- quainting them that the Governor adhered to his Amendments.
At a Council held at Philadelphia on Monday the 12th of Feb- ruary, 1770.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &ca.
William Logan,
Richard Peters,
Benjamin Chew, - Esquires.
James Tilghman, S
The Governor laid before the Board a Bill sent up by the As- sembly for his Concurrence, entituled " An Act for opening and better amending and keeping in Repair the Public Roads and High- ways within this Province,'. which was read and considered and or- dered to be returned to the Assembly, with the following Amend- ments, viz“ :
Amendment 1st, Page 3, Line 1. Instead of [quallified] say [qualified].
Amendment 2d, Page 3, Line 8. After the word [Highways] in- sert the words [except in the Township of the Northern Liberties, where three or four Supervisors shall be chosen, in manner afore- said].
Amendment 3d, Page 7, Line 3. After the word [Levies] insert as follows, viz' :
[Provided, also, that the Proprietary and Governor's proper Es- tate shall not be liable to be Rated or Assessed by Virtue of this Act ].
The Governor also laid before the Board two other Bills sent up by the Assembly for Concurrence, entituled :
1. "A Supplement to the Act entituled '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 thereof ;'" &
2. " An Act for the better Confirmation of the Estates of Persons holding or claiming under Feme Coverts, and for establishing a mode by which Husband and Wife may hereafter convey their Estates," which were read and referred to further Consideration.
654
MINUTES OF THE
At a Council held at Philadelphia, on Wednesday the 14th of February, 1770.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca.
William Logan,
Benjamin Chew, ? Esquires.
Richard Peters,
James Tilghman, S
The Board resumed the Consideration of the Bill for the better Confirmation of the Estates of Persons holding or claiming under Feme Coverts, &cª., and ordered the same to be returned to the As- sembly, with the following Amendments, Vizt .:
Amendment Ist. Page 1, Line 10. Instead of [Some], say [many. ]
Amendment 2end. page 1, last Line. After the word [peace], add the Words [or a Justice of the County Court of Common Pleas, or before one of the Judges of the Supream Court].
Amendment 3rd. Same page & Line. Dele the Words [a Part], and insert the Word [apart].
Amendment 4th. page 3, Antepenult Line. Instead of [Feof- ment], say [Feoffment].
Amendment 5th. Page 4, Line 5. Instead of [Feofments], say [Feoffments ].
Amendment 6th. Pape 5. Dele the Words [their Estates], in the 3d & 4th Lines, and insert the Words [the Estate of the Wife].
Amendment 7. Same page, Line 6 & 7. Dele the Words [their Estates or the Estate of either of them], and instead thereof in- sert the Words [the Estate of the Wife or her Right].
-
Amendment 8th. Same page, Line 12. Instead of [Feofment], say [Feoffment ].
February 14th, 1770.
The Board also reconsidered the Supplementary Bill for enabling the owners, &ca., of a Tract of Marsh and Meadow Land therein described, in the County of Chester, to keep the Banks, &ca., in Repair, &cª., to which the following Amendment was made, and ordered to be carried to the House with the Bill, Vizt :
Page 5, Line 4. After the Word [shall], insert the words [if they approve therof ].
Two Members of Assembly waited on the Governor, and again pre- sented the Bill for opening and better amending and keeping in Repair the public Roads, &cª., with the following Answer to the Governor's Amendments, Vizt-
Amendment 1st. Agreed to by the House.
Amendment 2d. The House adhere to the Bill.
0 S f
1
1
1
1
655
PROVINCIAL COUNCIL.
Amendment 3d. The House adhere to the Bill, and propose to insert in Page 6, Line 3d, after the Word [unimproved], the words [and the Proprietary Quit Rents].
February 14th, 1770.
The Board taking the same into Consideration, the following Re- ply was agreed to, and ordered to be carried to the House with the Bill, Viz* :
Amendment 2d. The Governor waves his Amendment.
Amendment 3d. The Governor adheres to his Amendment.
One of the Members of Council having acquainted the Gover- nor that a Commission for holding Courts for the Tryal of Negroes was wanted for the County of Kent, His Honour directed the Sec- retary to make out a Commission appointing Charles Ridgely and Fenwick Fisher, Esquires, Justices for holding the said Courts according to Law.
At a Council held at Philadelphia, on Tuesday 20th February, 1770.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª.
William Logan, Benjamin Chew, Esquires.
Richard Peters,
James Tilghman, S
The Governor laid before the Board the two following Bills sent up by the Assembly for his Concurrence, which being read and considered, were approved, and ordered to be returned to the Assembly with the Governor's Assent, Vizt.
"A Supplement to the Act entituled 'a Supplement to the Act entituled An Act for taking Lands in Execution for the Pay- ment of Debts, and for confirming partitions in several Instances heretofore made.'"
" A Supplement to the Act entituled ' An Act for Bailing Priso- ners and about Imprisonment.' "
The Governor having then laid before the Board a Letter from the Honourable Cadwallader Colden, Esquire, Lieutenant Governor of New York, inclosing a copy of a Law passed in that Province ap- pointing Commissioners for fixing on a Plan for the Regulation of the Indian Trade; which being read, the Governor, by the advice of the Council, directed the Secretary to lay them before the As- sembly, with the following Verbal Message ; the said Letter is as follows, viz“ :
-
656
MINUTES OF THE
. "NEW YORK, 6th February, 1770.
" Sir :
"The Legislature of this Province, conceiving it impracticable without the Concurrence of other Colonies, to establish any plan for the Regulation of the Indian Trade, that might effectually answer His Majesty's Intentions, in committing the Care of this important object to the respective Legislatures, did in their last Session, pass a Law for appointing Commissioners to meet with those of the neighbouring Colonies to fix on a general Plan for this Purpose. A Measure so essential to the Interest of the several Colonies con- cerned in this beneficial Commerce, will, I trust, be chearfully come into by all, and if adopted by your Province, I hope you will en- deavor to render its Utility as extensive as possible by recommend- ing it to the Governments of Virginia and Maryland. I shall lose one Time in communicating the Proposal to the Governor of Que- bec, and in giving you the earliest Intelligence of the resolution of that Government, and until the meeting of the Commissioners takes place, shall be glad to co-operate with you in promoting the success of a measure with which the prosperity and Tranquility of both Provinces are so intimately connected.
" I have the Honour to be Sir, " Your most Obedient " humble Servant, " CADWALLADER COLDEN. "The Honourable GOVERNOR PENN."
Here follows the Verbal Message, viz":
A Verbal Message from the Governor to the Assembly. " Sir :
"The Governor commands me to lay before the House for their Consideration, a Letter which he lately received from Governor Colden, with a Copy of a Law passed in New York, appointing Commissioners for fixing on a plan for the Regulation of the In- dian Trade; and recommends it to the House to frame a similar Law on the part of this province. " February 20th, 1770."
Newaleka, a Delaware Chief, with his Family and several other Indians having lately come to Town from the Susquehanna, on a friendly visit to the Governor, the Council advised His Honour to make them a small present on their return Home ; whereupon the Governor sent the following Message to the Assembly, vizt :
A Message from the Governor to the Assembly.
" Gentlemen :
" A few Days ago came to Town Newaleka, one of the Delaware Chiefs, with a number of his Indians, in Order to pay a friendly
to Sa in
I V ar B th th C
1
( C f t R 1
t
a a
657
PROVINCIAL COUNCIL.
Visit to this Government. As he is a Person of Distinction and Influence among the Indians, and has on all occasions shewn him- self a Friend to the English, and never was in Town before, I think it might be prudent to secure his Attachment to our Interest by making him a small present, which I should be glad you would enable me to do.
" JOHN PENN.
" February 20th, 1770."
The Governor laid before the Board a Petition from divers in- habitants of Lancaster County, setting forth That the Great Road leading from Lancaster to Philadelphia, is very inconvenient for the back Inhabitants, by reason of its being laid out in many places on bad Ground, and is very difficult to be kept in tolerable order, on account of the number of Carriages passing and repassing thereon, and it is also very crooked.
That a very good Road may be found and laid out from the Middle Ferry on Schuylkill to the sign of the ship in Chester County, and will be five miles shorter than the Old Road, and to continue from thence up or near the Road called the Gap Road, as far as the Village of Strasburg, within eight miles of Lancaster, to which a good Road may be made from thence, and that such a Road, together with the one now used, will be of great Utility to the Trade of Philadelphia, and to the back Inhabitants, by render - ing Carriage more safe and easy, and therefore praying the Appoint- ment of proper persons to view and lay out the same, in the best Manner the Ground will admit of, for the Public Benefit.
The Board taking the said Petition into Consideration, are of opinion that such a Road is now become very necessary, and will be of great Utility to the Commercial Interest of the Province. It is therefore ordered, that Joseph Fox, Jacob Lewis and Daniel Williams, of Philadelphia County ; John Hannum, John Morton and John Sellers, of Chester County ; and James Webb, Moses Branton and James Gibbons, of Lancaster County, or any six of them, do view and lay out a public Road or King's High-Way, in the most convenient and direct Courses, to the sign of the ship in Chester County, and from thence along or near the Old Gap Road as far as the Village of Strasburg, in the County of Lancaster, and to make a return of the Courses and Distances, with a Draft of the said Road, into the Provincial Secretary's Office, within six Months, in order to be confirmed by the Governor and Council, if they shall approve of the same.
VOL. IX: 42.
658
MINUTES OF THE
At a Council held at Philadelphia, on Friday the 23d of Feb- ruary, 1770.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &cª.
William Logan,
James 'Tilghman,
Benjamin Chew,
Esquires.
The Governor laid before the 'Board four Bills sent up by the ' Assembly for his concurrence, entituled as follows, viz* :
1. " An Act for repairing the High-way between Franckfort Bridge and the Bridge over Franckfort Mill Race."
2. " An Act to enable the owners of Meadow Land on both sides of Gunner's Creek, to construct, maintain and keep up a Dam and Sluices, and to raise a Fund to defray the Expence thereof."
3. " An Act for the Relief of the languishing Prisoners in the .Goals of the several Counties within this Province, with respect to the Imprisonment of their Persons."
4. " An Act for appointing Commissioners to meet with Commis- sioners who are, or may be appointed by the Legislatures of the neighboring Colonies, to form and agree on a General Plan for the Regulation of the Indian Trade."
Which being read and considered, were ordered to be returned to the House with a few small Amendments made to the two last mentioned Bills, and a Verbal Message by the Secretary, that the Governor gave his Assent to the other two.
-
Eodem Die; P. M.
Two Members of Assembly waited on the Governor with a Mes- -sage, acquainting him that the House proposed to adjourn to-Mor- :row, till the 14th of May, if the Governor had no objection thereto, and requested the Governor to appoint two Members of Council to join two of the Assembly, to compare the Bills which had been agreed to with their engrossed Copies, and also to appoint a Time for passing them. The Governor answered that he had no objec- tion to their proposed Adjournment, and said he should be ready to pass the Laws at 11 o'Clock to-Morrow, and in the mean Time would appoint a Member of Council and the Secretary to collate the Bills.
-
.Council Chamber, Saturday 24th of February, 1770, 12 o'Clock, A. M.
The several engrossed Bills being compared with their Originals and found to agree, The Governor sent the Secretary with a Mes-
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.