Colonial records of Pennsylvania, Vol. IX, Part 65

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

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Wednesday, 16th of May, 1770.

The Governor returned the Bill for regulating Pilots, &cª. to the House, By the Secretary, with a Message that he agreed to pass it.

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PROVINCIAL COUNCIL.

Council Chamber, Wednesday 16th May, 1770, 12 o'clock.

The Governor having received a Message from the Assembly, requesting him to acquaint the House when he would be ready to pass the Bill which he had agreed to, and having appointed this Hour for that purpose, sent a Message to the House by the Secre- tary, requiring their attendance in the Council Chamber, that he might enact the said Bill into a Law.

The House accordingly attended, and the Speaker presented the Bill entituled "An Act for the further continuance of the Act entituled ' An Act for appointing Wardens for the Port of Phila- delphia, and for the better regulating Pilots plying in the River and Bay of Delaware, and the price of Pilotage to and from the said Port." Which the Governor was pleased to enact into a Law, and signed a Warrant for affixing the Great Seal thereto. Two members of the House and the Secretary were then appointed to see the same sealed and deposited in the Rolls Office.

Monday, May the 21st, 1770.

This Day the Governor was pleased to appoint Turbutt Francis, Esquire, to the several offices following, in the Room of Hermanies Alricks, Esquire, who resigned, by five seperate Commissions, under the Great Seal of the Province, vizt; Prothonotary, or principal Clerk of the County Court of Common Pleas ; Clerk of the Quarter Sessions of the Peace ; Clerk or Register of the Orphans' Court ; Recorder of Deeds ; and a Justice of the Peace and of the County Court of Common Pleas for the County of Cumberland.

At a Council held at Philadelphia, on Monday 23d of May, 1770. " PRESENT :

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

Benjamin Chew,

James Tilghman,

Lynford Lardner, Esq Esquires.

The Governor laid before the Board a Transcript of a Record of the Conviction of Hugh Barclay for Burglary, by which it appeared that at a Court of Oyer and Terminer and General Goal Delivery, held at New-Castle, for the County of New Castle, on Monday the 16th Day of April last, before John Vining, Richard Mc William, Cæsar Rodney, and David Hall, Esquires, Justices of the Supreme Court, and of the said Court of Oyer and Terminer, the said Hugh

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Barclay was tried and convicted of Felony and Burglary, committed in the Dwelling House of Richard McWilliam, Esquire, in the County of New-Castle aforesaid, on the 25th day of December last, and hath received Sentence of Death for the same.

"The said Record being taken into Consideration, and the said Justices having reported nothing in favour of the Criminal, The Governor, by the advice of the Board, issued a Warrant for his Execution on Saturday the ninth Day of June instant.

" The Board took into Consideration the present State of the Justices of the Peace and of the County Courts of Common Pleas for the several Counties of the Province, and it appearing necessary to make Sundry Additions and Alterations in several of the Com- missions of the Peace now in Force, as well on account of the vacancies now occasioned by the Deaths and other Accidents, as to accomodate many parts of the Province where no Magistrates at present reside, It was agreed to issue new General Commissions of the Peace for the Counties of Philadelphia, Bucks, Chester, Lan- caster, Cumberland, and Berks. And Lists of Persons were imme- diately prepared, including those who are judged proper to be con- tinued in Commission, as well as several others proposed and recommended as fit and Qualified to Execute the office of Magis- trates ; and after due consideration, the following gentlemen were approved and agreed on to be the Justices of the Courts of General Quarter Sessions of the Peace, and of the County Court of Common Pleas for the several Counties respectively as follow, Viz":

For Philadelphia County, the Members of Council, and

Isaac Jones,

Samuel Ashmead,

Samuel Mifflin,

James Biddle,

Jacob Duche,

Alexander Edwards,

Samuel Shoemaker,

William Parr,

John Allen, Charles Jolly,

Evan Thomas,

James Young,

Archibald McClean,

Charles Batho,

William Dewees,

John Gibson,

Jacob Hall,

Peter Chevalier,

John Bull,

Peter Knight,

Thomas Lawrence,

John Potts.

For Bucks County, the Members of Council, and

Gilbert Hicks, Joseph Hart, Richard Walker, John Jameson, John Abraham Denormandie, Jacob Bogart, Thomas Barnsley,

Robert Patterson, Benjamin Mathews, John Harris, Jonathan Ingham,

Hugh Hartshorne, John Kidd, Adam Hoops,

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George Bryan, Frederick Antis,

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Joseph Kirkbride, John Wilkinson, William Yardley, Henry Wynecoop,

William Hicks, William Coxe, Thomas Riche.

For Chester County, The Members of Council, and

William Moore,

Charles Cruikshanks,

Thomas Worth, .

Richard Baker,

John Morton,

James Gibbons,

Isaac Davis,

James Moore,

Alexander Johnston,

William Swaffer,

William Clingham,

Evan Evans,

William Parker,

Thomas Hockley,

John Hannum,

Joseph Pyle,

John Price,

Thomas Temple,

Henry Hale Graham,

Warwick Miller.

Richard Reily,

For Lancaster County, The Members of Council, and

Emanuel Carpenter,

James Clemson,

Isaac Saunders,

James Bickham,

Edward Shippen, Robert Boyd,

Adam Simon Kuhn,

Timothy Green,

Calvin Cooper,

James Work,

James Burd,

Everhart Gruber,

Zaccheus Davis,

William Henry.

John Philip De Haas,

For Cumberland County, the Members of Council, and

John Armstrong, James Galbraith, John Byers, James Caruthers,

John Allison, Christopher Lemes, Bernard Dougherty,

George Robison,

Hermanis Alricks, John Reynolds,

William Patterson, Turbutt Francis,

Jonathan Hogg,

William Maclay, Arthur St. Clair, Henry Prather, William Crawford,

William Lyon, Robert Callender,

James Milligan,

Andrew Calhoun, James Maxwell,

Thomas Gist,

Samuel Perry,

Dersey Penticost, John Agnew.

John Holmes,

For Berks County, the Members of Council, and

Benjamin Lightfoot, James Read,

VOL. IX .- 43.

John Patton, George Douglas,

Robert Miller,

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Peter Spycker, George Webb, Thomas Rutter, Jacob Morgan,

James Deimer,

Henry Christ, Sebastian Zimmerman, Mark Bird, William Reeser.

At a Council held at Philadelphia, on Friday 25th May, 1770. PRESENT :

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

William Logan, James Tilghman,

Benjamin Chew, Esquires.

Amos Ogden, Esquire, and Nathan Ogden, who lately came from Wyoming, appeared at the Board by the desire of the Governor, and related all that they knew concerning the late proceedings of the Connecticut People, and others in Confederacy with them, who have taken Possession of the Lands at Wyoming. A full and true Ac- count of these Matters are set forth and contained in their respec- tive Depositions, which were prepared and taken before the Gov- ernor, and are as follow, Viz“:

Philadelphia, to Wit :

The Deposition of Amos Ogden, Esquire, one of His Majesty's Justices of the Peace for the County of Northampton, in the Pro- vince of Pennsylvania, aged thirty-eight Years, or thereabouts, who being first Sworn on the Holy Evangels of Almighty God, deposeth and saith :

That he has been settled at a place called Wyoming, on the North-East Branch of Susquehannah, in the County and Province aforesaid, for upwards of twelve Months past, by the Permission of the Honourable the Proprietors of Pennsylvania, on a large Tract of Land surveyed there, and reserved for the said Proprietors. That a number of People, claiming a Right under the Government of Connecticut, soon after the Deponent settled there as aforesaid, came there, armed with Fire Arms and other offensive Weapons, and mnade a forcible Entry on the said Proprietors' Tract, and after- wards held the same with Force, untill they were removed by due and legal Proceedings at Law, after which they soon returned with an increase of their Numbers, and in the same violent Manner again took Possession of the said Tract of Land, and proceeded to erect and build thereon a strong Fort or Fortification. That for this Proceeding a great Number of them were indicted at the Court of Quarter Sessions for the County of Northampton, in which the Lands so forcibly taken Possession of lye, and the Process of the said Court issued against them, directed to the Sheriff of the said

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County, who, with a considerable Posse, attended at the place afore- said in the Month of October last, in order to arrest the said Rio- ters by virtue of the Process aforesaid, and demanded Entrance into the said Fort, to execute the said Process upon the said offenders, many of whom were then within the said Fort, and the said of- fenders refused to give the said Sheriff Admittance into the said. Fort, or to give themselves up to Justice, but offered to relinquish the Possession of the said Fort and the Lands thereabouts to the said Proprietors, and those who held Lands under them, only that fourteen of them should remain in the said Fort untill the next Spring, by which Time it was expected there might be some ad- vices from England respecting the Dispute about the said Lands, which said Terms the said Sheriff thought fit to agree to, rather than run the Risque of spilling Christian Blood, by forcing into the said Fort, and in Consequence of the said Promise and Agree- ment, the said Rioters did afterwards deliver up the said Fort to the said Sheriff and the Deponent and a certain Charles Stewart, and departed therefrom, all except Fourteen in Number. That the said Deponent afterwards understood and believes that during the Course of the last Winter, the Emissaries of the Connecticut Party were endeavouring to prevail on many of the Frontier People of this Province, in the upper part of Lancaster County, to back their Pretensions, and again to take a forcible Possession of the Lands aforesaid ; and about the fourteenth of February last, the Deponent being absent in Jersey, News was brought him that a number of People from Lancaster County aforesaid, had arrived at Wyoming, and in a Warlike manner, in support of the Connecticut Right, had taken Possession of the Fort, and had broken open one of the Deponent's Houses, and taken thereout one piece of small Cannon, and several other Effects, and thereupon he immediately went over to Wyoming aforesaid, and found the said Account to be true. And the Deponent further saith, that the Party aforesaid, from Lancas- ter, was commanded by Lazarus Stewart and Lazarus Young ; and the People in the Fort, both Pennsylvanians and New Eng- landers, were commanded by Zebulon Butler, a New Eng- lander. That on or about the 23rd of February last, an armed Party from the Fort, of about 30 in Number, commanded, as it seemed to this Deponent, by Lazarus Stewart, broke open the House of Captain Salmon, in a violent manner, who was settled on the said Proprietors' Tract, by Lease under the said Proprietors, pulled the- same down, and destroyed all the Effects of the said Salmon in the said House ; That on the 26th of February, the said Captain But- ler and Lazarus Stewart came to the House of the Deponent, and demanded of him that he and all the Settlers under Pennsylvania, which were then about ten in number, should leave the Ground by the 28th following, telling them if they refused, they must abide by the Consequences ; and on the said 28th Day of February, & Party of between forty and fifty Men, headed by Lazarus Stewart

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and Lazarus Young, armed with Guns, Pistols, and Tomhawks, attacked the House of Charles Stewart, Esquire, one of the Tenants of the Proprietors of Pennsylvania, pulled it down and destroyed all his Effects; That between the 28th of February and the 28th of March following, the People in the Fort did not proceed to any other violent measures ; That on the 28th of March, a party of the Connecticut People and Pennsylvanians, of about fifty or sixty armed Men, passed by the House of the Deponent, and halted about twenty Poles distant from it, where they remained about an Hour, threatening the Deponent and the Party in His House ; That the Deponent, observing one amongst them who had escaped after having been taken and arrested by due Process of Law, sent out a small Party with the Deputy Sheriff, from whom he had escaped, to retake him, who were attacked by the other Party and fired upon, whereupon the Deponent's Party returned the Fire, and there were afterwards Firings on both sides, in the Course of which a Man of the other Party was killed, as this Deponent understood.

" This Deponent further saith, that on the second of April last, a party from the Fort, commanded by Lazarus Stewart, came to a House of the Deponent in which one Osburn lived, as a Tenant to the Deponent, turned Osburn and his Family out, and pulled down the House, and destroyed the Goods of the Family, after which they shot several of the cattle, and took out of the Stable a Young Horse of the English Blood, belonging to Nathan Ogden. The Deponent further saith, that on the ninth of April last, the People belonging to the Fort began to build a Block House on the other side the River, and that on the 13th they fired a Cannon Ball at the Deponent's House.

"That on the 23rd of April, a large armed Party from the Fort advanced towards the Deponent's House with Drum beating and Indian Shouts, and coming near the 'House they separated into three Divisions, and each Division immediately began to make Breast Works, declaring they would soon have the Deponent's Party out of their Houses, and about 12 o'Clock the same day, they be- gan to fire at the Deponent's House, which Fire was returned by the Deponent's Party in their own Defence, and a mutual Firing continued till the 28th following; That on the 25th, the Fort Party set Fire to a House of the Deponent in which were Goods and Provisions to a considerable Value, and burned it down; That, on the said 28th of April, Major Durkee, of the Fort Party, sent the Deponent a Note desiring to speak with him, and the Deponent waited upon him, and a Truce was concluded on till 12 o'Clock next Day, at which Time Major Durkee invited the Deponent in a friendly way to Dine with him; That the Deponent went accord- ingly and dined with him, and after Dinner was acquainted by Cap- tain Collins, of Connecticut, that he, the Deponent, was not to leave the Fort till matters were settled, and the Deponent's works given up; That the Deponent, finding himself in this Situation, was obliged to come into the following Terms :

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PROVINCIAL COUNCIL.

Ist. Captain Ogden agrees that this Fort shall be delivered to Captain Butler.

2ndly. All the Men with Captain Ogden that has not Effects on the Ground, to depart the first day of May next.

3dly. It is agreed that six Man of Captain Ogden's Party con- tinues to take Care of the Effects belonging to Captain Ogden and his Party until the first Day of June next, and then to depart with all the Effects belonging to said Party.

4thly. Agreed that the People of Captain Ogden's Party have the Priviledge of selling their Wheat that is in the Ground.

5thly. Agreed that Captain Ogden's Party keep one House for the six Men with two fire Arms, to take Care of his Effects.

6thly. Agreed that these People that have stock on the Ground, and have not made sufficient Provision for said Stock, shall pay all the Damages done by said Stock to the Men that suffer by them.

The above Articles agreed to, and signed by Captain Ogden in behalf of himself and his Party, and Zebulon Butler, for self and his Party.

ZEBULON BUTLER, AMOS OGDEN.

April 29th, 1770.

The Deponent further saith, that after the Capitulation aforesaid, having Reason to think that the other Party had designs of con- fining him, he took the first fair Opportunity of leaving the Place. That he is informed and believes that after he left the Place, the People in the Fort took Possession of all his Effects and burnt his House; and the Deponent further saith, that being constantly in- structed by the Honourable John Penn, Esquire, Governor of Penn- sylvania, to act only on the defensive or in a Course of Law, and to avoid Occasions of Bloodshed, he punctually observed the same Instructions, nor did he or any of his Party at any Time offend any of the other Party or injure them in their Property, and further saith not.

AMOS OGDEN.

Sworn at Philadelphia, the twenty-fifth Day of May, 1770, be- fore me, JOHN PENN.

[Here follow two and half blank pages in Council Book.]

At a Council held at Philadelphia, on Thursday the 21st of June, 1770.

PRESENT :

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

Richard Peters, Benjamin Chew, Esquires. Lynford Lardner, James Tilghman, S

The Transcripts of two Records of Conviction were laid before the Board d. By one of the said Records it appears that at.

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a Court of Oyer and Terminer and General Gaol delivery, held at Reading, for the County of Berks, on the 14th day of May last, before John Lawrence and Thomas Willing, Esquires, two of the Justices of the Supream Court, and of the said Court of Oyer and Terminer, Thomas Proctor; late of the said County of Berks, La- bourer, was tried and convicted of Felony and Burglary, committed in the Dwelling House of William Neal, in the County of Berks aforesaid, on the 25th day of July last, and hath received Sentence of Death for the same.

The said Record being taken into Consideration, and no favour- able Circumstances having been reported by the Judges in behalf of the said Criminal, The Governor, by the Advice of the Board, issued a Warrant for his Execution on Saturday the 7th day of July next.

And, by the other of the said Records, it appears that at a Court of Oyer and Terminer and General Gaol Delivery, held at Chester, for the County of Chester, on the 11th day of June Instant, before William Allen, John Lawrence, and Thomas Wil- ling, Esquires, Justices of the Supream Court, and of the said Court of Oyer and Terminer, Matthew M'Mahon was tried and convicted of Felony and Murder, committed on the Body of a cer- tain James McClester, of Middletown Township, in the County aforesaid, Labourer, and hath received Sentence of Death for the same.

The said Record being taken into consideration, and the said Judges having reported nothing in favor of the said Criminal, The Governor, by the advice of the Board, issued a Warrant for his Execution on Saturday the 30th day of June Instant.

The Governor then, by the Advice of the Board, Ordered that a special Commission . be issued, appointing James Humphreys, Es- quire, a Justice of the Court of General Quarter Sessions of the Peace and of the County Court of Common Pleas for the City and County of Philadelphia, to accommodate him in his Office of Notary Public, by enabling him to take the Acknowledgments of Deeds, &cª.

The 28th of June, 1770.

MEMORANDUM.

The Governor, by the advice of the Council, this Day issued the following Proclamation for removing the Connecticut People, and other Intruders from the Lands at Wyoming, Viz" :

b V

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" By the Honourable JOHN PENN, Esquire, Lieutenant Governor and Commander-in-Chief of the Province of Pennsylvania, and Counties of New Castle, Kent, and Sussex, on Delaware.

" A PROCLAMATION.

" WHEREAS, a Number of Persons, chiefly of the Colony of Connecticut, have lately, as well as at different Times heretofore, without any License or Grant from the Honorable the Proprietaries of this Province, or Authority from this Government, made Attempts to possess themselves of and settle upon a large Tract of Land within the known Limits of this Province, lying at and between Wyoming, on the River Susquehanna, and Cushietunk on the River Delaware; And Whereas, I have lately received Intelligence that divers People of the said Colony of Connecticut have persuaded and enviegled many of the Inhabitants of this Province to join them, and with their Assistance have, with Force and Arms, in the most hostile and warlike manner, not only possessed themselves of the Lands at and near Wyoming on the said River Susquehanna, within the known Bounds of this Province, but have, also, in the same hostile and warlike Manner, driven and expelled from their lawful Settlements and Possessions divers Persons there settled by lawful Authority under the said Proprietaries, burned their Houses, killed their Cattle, and other Stock, destroyed their other Effects, and imprisoned the Persons of many of them, in open Defiance of all Law and Justice ; Wherefore, as well to assert the just Rights of the Proprietaries of this Province to the said Lands, as to warn and Prevent any of the Inhabitants of this Province from being unwarily drawn in to join the said Intruders in prosecuting their illegal Settlements, I have, by and with the Advice of the Council, judged it proper to issue this my Proclamation, hereby strictly en- joining and requiring, in His Majesty's Name, all and every Person and Persons already settled, and residing on the said Lands, without the License of the Proprietaries or Authority from this Government, immediately to evacuate their Settlements and to depart and remove themselves off and from the said Lands without delay. And I do hereby forbid all His Majesty's Subjects of this or any other Province or Colony, on any Pretence whatsoever, to in- trude upon, settle or possess any of the aforesaid Lands, or any other Lands within the Limits of this Province, without the express Permission of this Government, as they will answer the Contrary at their Peril, and on pain of being prosecuted with the utmost Rigour of Law. And I do hereby declare, that all and every Person or Persons who have joined or shall join the said Intruders in sup- porting or holding their present illegal and unjust Possessions, or in making further Settlements within this Province, shall not only be deprived of the Benefit of taking up any Lands within this Pro- vince, but shall be treated with the utmost strictness in respect

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to any Lands they have heretofore taken up, or do possess under the said Proprietaries, which have not been fully paid for. And I do hereby strictly charge, enjoin and require all Magistrates, Sher- iffs and other officers, as well as all other His Majesty's liege Sub- jects within this Province, to exert themselves, and use their utmost Endeavours to prosecute and bring to Justice all Offenders in the Premises.

" Given under my Hand and the Great Seal of the said Province, at Philadelphia, the twenty-eighth day of June, in the tenth Year of His Majesty's Reign, and in the Year of our Lord one thousand seven hundred and seventy.

" JOHN. PENN.

" By His Honour's Command. " JOSEPH SHIPPEN, Junior, Secretary. "GOD SAVE THE KING."

And at the same Time issued two special Commissions appoint- ing Turbutt Francis and Samuel Hunter, Esquires, Justices of the Peace for the County of Berks.

Tuesday 18th September, 1770.

MEMORANDUM.

The Governor received a verbal Message from the Assembly, ac- quainting him that the House had met pursuant to adjournment, and were ready to receive any Business he had to lay before them ; to which His Honour replied that he had nothing particular at present to recommend to their Consideration.

The Governor having received Information that a Commission is wanted in the County of Lancaster, for the Tryal of Ne- groes, His Honour this day issued one, appointing Emanuel Car- penter and Isaac Sanders, Esq's., Justices for holding Courts in that County for the Tryal of Negroes, according to Law.

At a Council held at Philadelphia, on Wednesday 26th Sep- tember, 1770.

PRESENT :

The Honourable JOHN PENN, Esquire, Lieutenant Gov- nor, &cª.

Benjamin Chew, James Tilghman,

Esquires.

The Secretary laid before the Board a Return and Draft of a Road laid out, surveyed and returned into the Provincial Secretary's Of-

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PROVINCIAL COUNCIL.

fice, pursuant to an Order of Council of the 20th of February last, from the Middle Ferry on Schuylkill to the sign of the Ship on the Conestogoe Road, and thence to the Village of Strasburg, in the County of Lancaster; and also two Petitions from some of the In- habitants of Chester County, setting forth objections to the said Road, and praying a Review.

As some of the Petitioners desired they might have an Opportu- nity of being heard before the Governor and Council came to any Determination, the Board appointed Friday the 19th of October next for the Consideration of this Matter, that the Petitioners may have timely Notice to attend the Board, and explain their Objec- tions to the Road as laid out, and the Secretary is ordered to give Notice to the Petitioners accordingly.

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Colonial records of Pennsylvania, Vol. IX, Part 65

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