Colonial records of Pennsylvania, Vol. IX, Part 64

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

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sage to the Assembly, requiring their Attendance, that he might enact into Laws the several Bills which had received his assent.

'The whole House attended accordingly, and the Speaker presented to the Governor the eleven following Bills, which he was pleased to enact into Laws, and signed a Warrant for affixing the Great Seal to them, which being done, the Laws were afterwards deposited in the Rolls Office, Vizt:

1. " An Act to enable the owners of Meadow Lands 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."

2. " An Act for repairing the Highway between Franckfort Bridge and the Bridge over Franckfort Mill Race."

3. "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.'"'

4. " 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 Es- tates."

5. " 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.' "

6. " An Act for the Sale of Goods distrained for Rent, and to secure such Goods to the Persons distraining the same for the bet- ter Security of Rents, and to prevent Frauds and Abuses committed by Tenants."

7. "An Act for appointing Commissioners to meet with Com- missioners who are or may be appointed by the Legislatures of the several Colonies, to form and agree on a General Plan for the Regu- lation of the Indian 'Trade."

8. " An Act for incorporating the Society formed for the Relief of Poor, Aged and Infirm Masters of Ships, their Widows and Children."

9. " A Supplement to the Act entituled 'An Act for bailing Prisoners and About Imprisonment.'"

10. "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."

11. " 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 Pro- vince, and for the more speedy bringing the Offenders to Justice."

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MINUTES OF THE

At a Council held at Philadelphia, on Saturday the 3d of March, 1770.

PRESENT :

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

William Logan,

Richard Peters,

Benjamin Chew,"

James Tilghman, S Esquires.

The Board having under consideration the present State of the: Intrusions and Settlements made by the Connecticut People on the Proprietary Lands within this Province, were of Opinion that if two. Prudent and fit Persons, living in the North part of Northampton County, were immediately vested with the Authority of Magistrates,. it would greatly conduce to the Preservation of the Peace, and bet- ter Execution of the Orders of Government from time to time, in: defeating the measures of those People, and checking the Progress of their Scheme of Settlement on the Lands at Wyoming and on Delaware. The Governor, therefore, on the Recommendation of the Members of Council present, issued two special Commissions, appointing Garret Brodhead and John Vancampen, Esquires, Jus- tices of the Court of Quarter Sessions of the Peace and of the County Court of Common Pleas for the County of Northampton;

New Castle, Thursday the 15th of March, 1770,

The Governor having wrote to the Speaker of the Assembly of the Government of the lower Counties, that his Business would not conveniently permit him to attend the House for several Days after the Time to which they stood adjourned, Viz: the 6th Instant, and having received a Letter from the Speaker, signifying that the Bu- siness of the House did not require his Attendance till Yesterday, His Honour attended at this place accordingly, and this Morning sent a Verbal Message to the House, with the Papers therein re- ferred to. The said Verbal Message is as follows, Vizt : " Sir :

" The Governor commands me to lay before the House a Letter he. lately received from the Governor of New York, with a Copy of a Law passed in that Province, for appointing Commissioners to meet those who may be appointed by the neighbouring Colonies, to fix on a Plan for the Regulation of the Indian Trade; and also a printed. Copy of a Law passed by the Legislature of Pennsylvania for the same Purpose. His Honour conceiving it expedient that this Gov- ernment should co-operate with the other Colonies in promoting & Design so essential to their general Prosperity, recommends it to

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House to frame a similar Law, for appointing Commissioners on the part of this Government.

"New Castle, 15th March, 1770."

New Castle, Friday 23d March, 1770.

A committee of three Members of Assembly waited on the Gov- ernor, and presented him with a written Message, in answer to his Verbal Message, which follows in these Words, Vizt :

An Answer to His Honour the Governor's Message by the Secretary.

" May it please Your Honour :

" We, the Representatives of the Free Men of the Government of the Counties of New-Castle, Kent, and Sussex, upon Delaware, have taken into consideration Your Honour's Verbal Message by the Secretary, in relation to the Indian Trade, and also the Letter from the Lieutenant Governor of New York, and the Copies of the Laws passed in that Province and Pennsylvania, referred to therein, upon which we beg leave to observe that the Inhabitants of this Government have at present no Commerce or Intercourse whatever with the Indians, and from their Situation cannot expect to have any with them hereafter, and therefore, that the appointment of Commissioners to meet and confer with such Commissioners as are or may be appointed by the other Colonies, appears to us unneces- sary.

"Nevertheless, We are of Opinion that any Assembly of this Government would, when called upon, pass an Act of a similar Nature with such Laws as shall be made in the Colonies of Quebec, New York, New Jersey, Pennsylvania, Maryland, and Virginia, for the enforcing and carrying into Execution the General Plan that may be agreed on by the Commissioners from the said Colonies for the regulating the Indian Trade, so far as the same may be consistent with the local Circumstances of the Inhabitants of these. Coun- ties.

"Signed by Order of the House.

"CÆSER RODNEY, Speaker .. " March 23d, 1770."

New-Castle, Saturday 24th March, 1770.

The Assembly, at different Times during their Sitting, sent up to the Governor for his perusal and Concurrence ten Bills, which were duly read and considered, and a few Amendments being made to

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MINUTES OF THE

some of them, to which the Assembly acceded, were all returned to the House with the Governor's Assent, and are entituled as follows, Viz *:

1. " An Act for regulating and establishing Fees."

2. " An Act for making divers Copies of Records, duly authenti- cated under the Great Seal of the Province of New York, and other papers, public Records, and for rendering Real Estates within this Government more secure."

3. " An Act to enable the Owners and possessors of the Mead- ow, Marsh and Cripple on the South side of Christiana Creek, call- ed Torn Hook Marsh, and of the Marsh Meadow on the South side of the same Creek, called Bosman's Creek Marsh, in the Hun- dred and County of New-Castle, to keep the Banks, Dams and Sluices in Repair, and to raise a Fund to defray the Expence thereof."

4. " A Supplement to an Act entituled 'an Act for regulating Fences within this Government.'"'

5. " An Act directing the manner of suing out Attachments within this Government."

6. " An Act for repealing so much of An Act of Assembly, ' An Act for killing of Squirrels in the Counties of Kent and Sus- sex, as relates to the County of Kent '"

7. "A Supplement to an act entituled 'An Act to enable the Owners and Possessors of the Meadow, Marsh and Cripple lying upon Nonsuch and Mill Creeks, and adjoining Lowden's Island, in the Hundred and County of New-Castle on Delaware, to embank and drain the same, to keep the outside Banks and Dams in good repair for ever, and to raise a Fund for the doing thereof.'"

8. " An Act to enable the owners and Possessors of a certain Tract of Meadow, Marsh and Cripple on both sides of Mill Creek, below the town of New Castle, to keep the Banks, Dams and Sluices in Repair, and to raise a Fund to defray the Expence thereof."

9. " An Act for the appointing of Rangers and Regulation of Strays."

10. " An Act for amending An act passed in the 17th Year of the Reign of his late Majesty George the second, entituled 'An Act for the better relief of the Poor of the County of New Cas- tle,' and for extending the same to the Counties of Kent and Sus- sex, and for other purposes hereinafter mentioned."

The Governor having then acquainted a Committee of Assembly who waited on him to know when and where he would be pleased to pass the Bills, that he was ready to receive the House immedi- ately at his Lodgings for that Purpose, The whole House accord- ingly attended with the ten Bills above mentioned, which the Gov- ernor 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.

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The Speaker then presented to the Governor Orders on the Trus- tees of the Loan Office for &£100, for which His Honour thanked the House.

At a Council held at Philada-, on Wednesday 4th April, 1770. PRESENT :

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

James Hamilton,

William Logan,

James Tilghman,

Richard Peters,

Benjamin Chew, - Esquires.

Mr. Tilghman communicated to the Board a Letter he had just received by Express, from Charles Stewart, Esquire, dated at Easton, the 2d Instant, which informs him that on Wednesday the 28th of last month, the New England Men, accompanied by a number of Germans, appeared before the Houses at Wyoming, possessed by People under the Proprietaries, whooping, Yelling, and Swearing they would have the Prisoners which had been taken from them, and after expressing much abusive Language they be- gan to Fire upon the People in the Houses, who immediately returned the Fire, by which one of the Germans was shot Dead, and thereupon the New England Men, &ca., returned to the Fort, &cª.

The said Letter contains several other particulars relating to the Conduct of the Connecticut People at Wyoming. (Vide Let- ter and its inclosures.)

The Board taking into Consideration the best Measures to be pursued on this Occasion, advised the Governor to write a Letter to ' General Gage, informing him of the riotous Conduct of the Connecticut People in taking possession of the Proprietary Lands at Wyoming, and of the Legal Measures used by this Government to remove them and prevent further Disturbances, and also re- questing the Aid of the King's Troops to support the Civil Gov- ernment in the Execution of its legal Authority on any future Exigency.

MEMORANDUM, the 5th day of April, 1770.

This Day the Governor was pleased to appoint William Hicks, Esquire, to the several Offices following, in the Room of Lawrence Growden, Esquire, lately deceased, by four separate Commissions . under the Great Seal of the Province, Vizt: Prothonotary, or Prin- cipal Clerk of the County Court of Common Pleas; Clerk, or Register of the Orphan's Court ; Recorder of Deeds ; and a Jus- tice of the Court of the Quarter Sessions of the Peace and of the County Court of Common Pleas for the County of Bucks.

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Friday, April the 6th, 1770.

The Governor by the advice of the Board, wrote the following Letter to His Excellency Major General Gage, viz':

" PHILADELPHIA, the 6th of April, 1770.

" Sir :

"It is now about a Year since a Number of People of the Colo- ny of Connecticut, assisted, as I am informed, by some of Pender- grasses Gang, in a riotous and forcible manner took possession of a large Body of Land on the River Susquehanna, within the Bounds of this province, under an absurd pretence of Title to the same, as included within the Bounds of the Connecticut Grant, and compel- led to abandon their Possessions several Persons then settled upon the Lands under Grants from this Province. The Intruders were at first removed, without much difficulty, by due Course of Law- they, however, soon returned with a formidable armed Force, re- took the Possession of the Lands, and setting the Laws at defiance, built a large Stockaded Fort, (in which they have since planted Cannon,) appointed their own officers, erected, as I am informed, Mock Courts of Justice, and had the daring Insolence, without the least Warrant or Authority in Law, to arrest one of our People, upon whom they inflicted a very severe Corporal Punishment.

" It would be too tedious to trouble your Excellency with the several legal measures taken from Time to Time, on the part of this Government, to bring these lawless People to Justice, and to give them an opportunity of bringing their pretended Right to a Deci- sion, if they chose it.

" They have at length prevailed on a Number of Profligate and Abandoned People on our Frontiers, (many of whom have been con- cerned in the late Indian Murders and Disturbances,) to join them in their unlawful Enterprize, and they now not only openly resist the Execution of the King's Process and set Government at naught, but have lately gone so far as to attack and fire upon a party of our People, who had several of their Associates under legal Arrest, which obliged them to return the Fire, and it unfortunately hap- pened that one of the Rioters was killed and another wounded, so that it is no longer safe to attempt executing the Process of the Government against these Atrocious offenders, and not having any Militia in the Province, I find myself under the disagreeable ne- cessity of applying for the aid of the Military to support the Civil Power.

"I beg Your Excellency to be assured that I take this step with the utmost Reluctance, and that I shall not avail myself of any Orders You may on this Occasion think proper to give to the com-

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manding officer of His Majesty's Troops here, without the most urgent Necessity.

"I have the Honour to be,

"With great Regard, Your Excellency's " Most Obedient humble servant,

"JOHN PENN.

"His Excellency Major General GAGE."

Thursday, April the 19th, 1770.

The Governor this Day received by the Post a Letter from His Excellency Major General Gage, dated the 15th Instant, which being an Answer to His Honour's Letter of the 6th Instant, is or- dered to be entered on the Minutes of Council, and is as follows, Viz *:

"NEW YORK, April 15th, 1770. " Sir :

"I am very much concerned to find that the People from the Colony of Connecticut, who have formed Pretensions to certain Lands within the Province of Pennsylvania, have carried their Dis- orders to such a length as You inform me of in Your Letter of the 6th Instant, and wish it was in my Power, upon this and every other Occasion, to give you such Assistance as you may judge necessary to require for the Preservation of the Public Tranquility, and en- forcing a due Obedience to the Laws.

"The Troops in all the Provinces have Orders, in General, to as- sist the Civil Power when they shall be legally called upon ; but the Affair in Question seems to be a Dispute concerning Property, in which I can't but think it would be highly improper for the King's Troops to interfere. This Sentiment I am the more con- firmed in, from the Communication of His Majesty's Pleasure to me upon a Similar Occasion, when I was given to understand that in Cases of the kind there were very few Exigencies that could justify the Military Power being called into the Aid of the Civil.

"From this Persuasion, as well as that the Delay of a few Months can't be productive of any very bad Effects, I trust you will approve my declining to give any particular Orders to the Commanding Of- ficer of his Majesty's Troops at Philadelphia for the present, upon this Occasion. I shall immediately lay before his Majesty's Min- isters the Requisition You have been pleased to make, and wait his Majesty's Commands thereupon, which, from the Representation You will probably think advisable to make of the Necessity of ask- ing the Aid of the King's Troops, I may hope to receive by the earliest Opportunity.

" I have the Honour to be, with great Regard, "Sir, Your most Obedient humble Servant,

" THOS. GAGE.

" Lieut. Governor PENN."

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At a Council held at Philadelphia, on Monday the 23d of April, 1770.

PRESENT :

The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &c2.

Richard Peters,

William Logan,

Lynford Lardner, Esquires.

James Tilghman, S

The Transcripts of three several Records of Conviction were laid before the Board, which being read, it appears by one of the said Records, That at a Court of Oyer and Terminer and General Goal Delivery, held at Philadelphia, for the County of Philadelphia, on the 9th Day of April Instant, before William Allen, John Law- rence, and Thomas Willing, Esquires, Justices of the Supreme Court, and of the said Court of Oyer and Terminer, David Jones . and Thomas Jones were tried and convicted of Felony and Bur- glary committed in the Dwelling House of Francis Hieneck, in the City of Philadelphia, on the 11th day of February last, and that they, the said David Jones and Thomas Jones, have received Sen- tence of Death for the same.

By another of the said Records, it appears that, at the said Court of Oyer and Terminer and General Goal Delivery, held the said 9th Day of April, Instant, before the said Justices, Herman Rosikrans was tried and convicted of Counterfeiting the £3 Paper Bills of Credit of this Province, and of having uttered and paid away two of the said Bills, knowing them to be counterfeit, and hath received Sentence of Death for the same.

And by the other of the said Records it appears that the said Court of Oyer and Terminer and General Goal Delivery, held the said 9th Day of April, Instant, before the said Justices, Mary Brian was tried and convicted of Felony and Burglary committed in the Dwel- ling House of Susannah Moffat, in the City of Philadelphia, on the 22d day of November last, and hath received Sentence of Death for the same.

The said Records being taken into Consideration and the said Justices having reported nothing in favour of the three first men- tioned Criminals, The Governor by the advice of the Board, issued Warrants for their Execution on Saturday the 5th Day of May next. And upon the Recommendation of the Judges and Jury in behalf of Mary Brian, The Governor was pleased to Grant her a Pardon, which was accordingly issued under the Great Seal, bear- ing Date the 24th day of April, 1770, and delivered to the Sheriff to be presented to her.

The Secretary laid before the Board a Return and Draught of a Road laid out and Surveyed, pursuant to an Order of Council of the 9th of February last, by the Persons therein appointed from Shuylkill, near Ellis Hughes's Saw Mill, through the County of

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Berks to Fort Augusta, which was read and follows in these Words, viz :

To The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &ca, and the Gentlemen of his Council within named. We the Subscribers in the within Order named, In pursuance of the said Order, have viewed the Grounds and Places through which the said Road within mentioned is Requested, and being satisfied that there is Occasion for the same, have laid out the said Road as fol- lows, to-wit : Beginning in a Road formerly laid out from Schuyl- kill near Ellis Hughes's Saw Mill, down towards the Town of Read- ing, and three Quarters of a Mile down the said Road from Schuyl- kill; Thence the several Courses and Distances as they are laid down in the following manner :

Courses.

Distances. 240.

Remarkable Places.

S. 87, do. W.

2. N. 86, W. 20.

3. N. 72, W. 26.

4. N. 35, W. 92. 5. N. 19. 34.

6. N.

25,

10,

70.

46.

11. 12. N.

E. W.

W. W.

50. 54

16. N.

17.

20. N.

21. N.

22. 23. N.

74.

24. S.

312.

25. N.

26.

32.

S. N.

60, d. 66, 71, 85, 65, 43, 63, 83, 70,

W. E. W. W. W. W. W. W. W. W .. W. W. W. W. W. W. W. W.

60. 104. 40. 62. 70. 18. 96. 50. 20.

86. to Ellis Hughes's House. 186. to the Gap of the Tuscarora Mountain.

9. 10. N.

26,

5, 45,

28,

13. N.

14. 15. N.

20, 33,

20,

7, 30, 5, 35,

23, 45, 62, 80,

20. 117.

27.

28. 29. 30. 31. 4

33.

30. W. W.

7. N.

8. N.

60. 150. 22.

18. 19.

42. 26. 34. to Schuylkill on the North Side the Tuscaroras. 10. 48. to Norwagen Creek.

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MINUTES OF THE

Courses.

Distances.

Remarkable places.

34.

75,

104.

35. N. 72,

36. N. 82, W.

37. S.

82,

68, 48,

58,

78,

69,

48,

38. to the foot of the Broad Mountain. 40. 42.

44. 45. 46

N. N.

N. 57.

88.

58.

N. 59. N. 60.

N. 61.

N. 62.

63. 64.

N. 65. 66.

N. 67. 68.

W. W. W. W.

N. 75.

N. 76.

65,

20,

N. 78. 79. 80.

12, 30, 52, 44,

W. W. E. E. E. E. W.

33. 6.

17. to Mahonioy Creek. 8. across the same.

176. 102. 54. to Mahonioy Mountain. 68. on the Mountain Side. 176. on the Mountain Top.

30. Broad Mountain Top. 140. 18. 38 10. 104. 30. 32. 24. 12. 170. 94. 150.

N. 69. N. 70.

N. 71.

N. 72.

38.

N. 73.

N. 74.

N. 77.

N. N. N. 81.

66,

80, d. W.

98. 72

W. W.

W. W. W.

18 122. 97.

W. W. W. W.

W. W.

64; 47,

30, 7, 12,

19, 38, 33, 74, 15, 75,

52, 48,

45, 70, 43,

25, 59, 68, 73,

69, 59,

90. 74. 66.

47. 48. 49. 50. 51.

52. 53. 54. 55 56.

10 10 10 10 1 1 1

1 1 1 1 1 1 1

9 9 10 10 10 10

9 9

8 8 8 9 91 92

54. 125.

W. W. W.

34. 66. 20

187.

38. 39. 40. N. N. 41. 42. N. 43. N.

N. N.

W. W. W.

W W. W.

60, 78,

38.

85. 195. 20.

78, 60, 82, 85, 77, 74,

44.

1 1

1 12 19 12 1 12

W. W. 120. West Branch of Schuylkill.

8 8 8

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Courses.

Distances.

Remarkable places.

82.

70,

W. 36.

83. N. 44,

140.

84. N. 30, W.

36.

85. N.

52,

22. 244.

W. W. W. 180. to Shamokin Creek.

87.

53, 84,

144.

68,

W 146.

640. 134.

N. N.º

West 76, 68,

W. W.

S. N.

102. N.

103. N

104. 105. N.

59,

W. W. W.

110. 111. West 112. N. 52,

113. N.

77, 64,

114. N. N.

N. N. N.

N. .

22, 40, 60, 81;

W. W. W. W.

146. 336. 184. 980. 260. 168.

128. 129.

West N. N.

77, 60,

W. W.

300.

W. W. E. E. W 100 Shamokin Fording. 24 190. 60. 44

106. 107. 108.

109.

West N. 40, N 80,

N. 70,

W. 54. 64. 60. 28.

115. 116. 117.

35, 12,

W. W. W W. W. W. W. W. W W.

22. 20.

118. 119. 120. 121.

23 Bear Hill.

9. 32. 18.

122.

110. 148. 20.

45, 22, 14, 27,

60, 42,

123. 124. 125. 126. 127.

84,

W. W. W.

W. W.

60. 40. 174 down Shamokin Creek. 40 fording Place. 104. 48 Shamokin Creek. 30. 80.

89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 101.

86. N.

70,

88.

70. 84. 216. 50.

106.

85, 70, 85,

35, 14, 50, 85,

75, . 3, 15, 8,

670

MINUTES OF THE

Courses.

Distances. Remarkable places.

130. N. 54,

W. 108 Shamokin at the Old Ford.

131. N. 41, W. 367 to the Bank of the River Susque- hanna, by the North West Corner of Fort Augusta, at the Junc- tion of the East and West Branches of the said River, of the length of thirty-nine Miles and one Quarter and nineteen Perches ; A Draught whereof is hereunto annexed ; and We do Report the same to be so by us laid out for Public Use ; As Witness our Hands, this fourteenth day of April, in the Year of our Lord one thousand seven hundred and seventy.

GEORGE WEBB, HENRY SHOEMAKER, JOHN WEBB, ISAAC WILLITS, JOB HUGHES.

The Board taking the said Return and Draught of Survey into Consideration, do hereby confirm the Road according to the Cour- ses and Distances set forth in the said Return of Survey, and do declare it to be a public Road or King's High-way. And it is or- dered that the same be forthwith opened and rendered commodious for public Service.

Tuesday, 15th May, 1770.

MEMORANDUM.

The House of Assembly having informed the Governor of their Meeting yesterday pursuant to adjournment, sent up to His Honour for his concurrence, a Bill entituled "An Act for the further con- tinuance of the Act entituled An Act for appointing Wardens for the Port of Philadelphia," &cª. The Two Members who brought the Bill, at the same Time acquainted the Governor that the House, having no other material Business to enter upon at present, were inclined, as soon as that Bill should be passed, to adjourn to the 17th of September next, if His Honour had no Objection thereto, to which the Governor replied that he would consider the Bill im- mediately, and had no objection to their proposed Adjournment.

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Colonial records of Pennsylvania, Vol. IX, Part 64

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