Colonial records of Pennsylvania, Vol. IX, Part 69

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

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and most of his Party obstinately persisted in their Resolution to oppose him, and frequently threatened to fire on the Deponent and his Assistants; that the Deponent still entertained hopes of gaining admission peaceably into the said Fort, as some few of the said Stewart's Party seemed well disposed, and he hoped might prevail on the rest; he, therefore, continued treating with them until Mon- day Morning about eight or nine O'Clock, when Nathan Ogden, one of the Deponent's Posse, whom he had summoned to assist him, going up to the Fort to talk with said Stewart upon the said Stew- art's own Appointment, as the said Ogden told this Deponent, was fired at from the said Fort and mortally wounded, of which Wound he died in a few Minutes, and immediately thereupon a number of Guns, between thirty and forty, were discharged at some of the De- ponent's Assistants, who, to the Number of about twenty, were scattered about near the Fort, all unarmed, and most of them, at the very Time, talking peaceably to the People in the Fort, by which Time three of them, to wit: George Dull, Thomas Jennings, and John Murphy, were wounded ; that they continued firing from the Fort all that day at every Person that appeared within reach of their Guns, and in the Evening the said Stewart, with about forty of his Party, secretly abandoned the Fort and withdrew into the Woods, leaving in the Fort twelve Men who refused to go with them, and who surrendered themselves to the Deponent.

"PETER KACHLEIN.

"Sworn before me, this 31st of January, 1771.

" WILL. ALLEN, Chief Justice."

The Board taking the several Matters contained in the above Depositions, &cª., into their serious Consideration, advised the Gov- ernor to represent them in a Message to the Assembly, and recom- mend it to them to co-oparate with him in bringing Lazarus Stew- art and the other Offenders, his Accomplices, to Justice. A Draft of a Message was accordingly prepared at the Board, and being ap- proved, was ordered to be fairly transcribed and carried by the Secretary to the Assembly, as soon as they should meet the begin- ning of next Week, together with the several Depositions and other Papers to which it refers.

The said Message follows in these Words, vizt : " Gentlemen :

"I think it proper to inform you that, with the Concurrence of the late House of Assembly, I issued in the Month of October last, a Proclamation, offering a Reward of fifty Pounds to any Person who should apprehend Lazarus Stewart of Lancaster County, for certain Crimes with which he stood charged, and deliver him up to Justice ; and that he was taken upon that Proclamation, and de- livered into the Custody of the Sheriff of York County, from whom he made his escape.

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"I have enquired into the Conduct of the Sheriff on that Occa- sion, and though it does not appear to me that he was in any way consenting or Privy to the Escape, the Conduct of those to whom he entrusted the Care of the Prisoner on their way to Philadelphia, (while he himself retired to rest, being much indisposed), is not altogether free from Suspicion. The Secretary will lay before you a Letter I received from Mr. Samuel Johnston, to which, and the Information of the York Members, I refer you for a more particu- lar Account of this Affair.

" I am also to acquaint you that the same Lazarus Stewart, far from being awed by the Proceedings of Government against him, has since his Escape put himself at the Head of a Number of Peo- ple of his Neighbourhood, of the same lawless Disposition with him- self, and with an armed Force, has taken Possession of the Lands at Wyoming, turning off from thence the People in Possession, and treating them in the most inhuman and barbarous Manner. Com- plaint being made, (supported by Affidavit), to one of the Supreme Judges of this Violent proceeding, he issued his Warrant, directed to all Sheriffs and Officers of Justice to apprehend the said Stewart and some of his Accomplices, and the Sheriff of Northampton, in obedience thereto, and in Consequence of a Writ which issued out of the Court of Quarter Sessions of that County for taking the said Stewart and many others, to answer an Indictment there found and depending against them for a former Riot, raised the Posse, and going to Wyoming, where the said Stewart and many others had shut themselves up in a Fort, he took the legal and proper steps to execute the King's Writ and Warrant. But the said Stewart and his Associates, setting themselves above all Law, refused him Ad- mittance, stood on their Defence with Arms in their Hands, threa- tened to put to Death the Sheriff and his Party, and in the End, in cool Blood, and in the most treacherous Manner, murthered Nathan Ogden, one of the Posse, who came to the Fort to parley with them in a friendly Way at their own Request, and wounded several others. And on the same day, in the Dusk of the Evening, the said Stew- art and his Company made their Escape from the Fort. The sev- eral Depositions and Papers which prove the above stated Facts, I have ordered the Secretary to lay before you.

" The Necessity of pursuing these daring offenders, as well as the dangerous Tendency of such licentious and violent Proceedings, are my Inducements to recommend these Matters in the warmest man- ner to your Consideration, in order that you may co-operate with me in such measures as may not only bring the Criminals to Speedy Justice, but also put a Stop to that ungovernable spirit which is too prevalent in many parts of our back Settlements, and which loudly call for Laws more severe than those already in being.

" JOHN PENN.

" February 4th, 1771."

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At a Council held at Philadelphia, on Saturday the 9th of Feb- ruary, 1771.

PRESENT :

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

Benjamin Chew,

James Tilghman, S Esquires.

The Governor laid before the Board a Message he received yes- terday from the Assembly, which was read, and follows in these Words, Viz'.

"May it. Please your Honour :

" Having considered your Message of Tuesday last, with the Pa- / pers therein referred to, we are extremely concerned to hear that so heinous and dangerous an offender as Lazarus Stewart, has found means to elude the Execution of Justice for his former Crimes, and thereby has procured an Opportunity of adding to his Guilt by com- mitting the late horrid Murder at Wyoming; and we hope your Honour will order the strictest enquiry to be made into the Conduct of those who had the Custody of the Prisoner.

"This recent Instance recalls to our Memory so many of the same kind in our back Counties, where Miscreants who have at once stained themselves with Sins of the deepest Dye, and have of- fered the highest Insults to Administration, have escaped with Im- punity, that we fear, unless some more successful Method of secur- ing Criminals can be devised, to deserve signal Punishment, and to escape it, in some parts of this Province, will become equally com- mon.

" The outrages arising from the Confederacy of so many despe- rate Ruffians, who have at length perpetrated " in a most treacherous Manner," and with an audacious contempt of Government, the Murder of a Person acting in obedience to the Laws, too plainly evince the dangerous Tendency of such licentious Proceedings, and the Necessity of pursuing these daring offenders.

" We therefore request the Governor to issue a Proclamation, of- fering a Reward of three hundred Pounds to any Person or Persons who shall apprehend the said Lazarus Stewart, and safely deliver him to the Sheriff of the City and County of Philadelphia, in the Gaol of the said County ; and a Reward of Fifty Pounds for ap- prehending and delivering to the said Sheriff in the same Place, each of these, his Accomplices, James Stewart, William Stewart, John Simpson, William Speedy, William Young, John McDaniel (alias Donnel), and Richard Cook.

"So desirous are we of giving all the Aid in our Power for pun- ishing such atrocious Violators of divine and human Laws, vindica- ting the Honor of this Province, and securing the Public Tranquility, that we shall immediataly proceed to those further Measures we

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judge to be most effectual for putting a stop to that ungovernable Spirit which is too prevalent in many Parts of our back Settlements.' "Signed by Order of the House. " JOSEPH GALLOWAY, Speaker

"February 8th, 1771."

The Secretary having prepared a Proclamation by the Governor's Directions, offering a Reward of three hundred Pounds for apprehend- ing and securing Lazarus Stewart, and a Reward of fifty Pounds each for seven of his accomplices in the late outrages and Murder perpe- trated at Wyoming, the same was laid before Board, and after a few Alterations were made thereto, was approved and ordered to be published in the several News Papers, and three hundred Copies of it printed and dispersed through the Province. The Proclama- tion was immediately issued, and follows in these Words, Vizt :

" By the Honouralle JOHN PENN, Esquire, Lieutenant. Gover- nor and Commander-in-Chief of the Province of Pennsylvania, and Counties of New-Castle, Kent, and Sussex, on Delaware.

" A PROCLAMATION.

"WHEREAS, it appears by the Depositions and Examinations, that a certain Lazarus Stewart (who was some Time since appre- hended for a Capital Crime with which he stood charged, and after- wards made his Escape), being joined by a Number of other lawless People from Hanover, in Lancaster County, and other Places, armed with Guns and Clubs, proceeded in an hostile Manner to Wyoming, where a Number of Families were seated by Authority of this Government, and on the eighteenth day of December last, in open defiance of Law, they violently broke open the Doors of their Houses in the Night Time, and beat and abused them in the most inhuman and cruel Manner, turning all the Men, Women and Children out of Doors, and then took Possession themselves of the Houses, where they afterwards remained.

" And Whereas, it further appears from the aforesaid Deposi- tions, that the Sheriff of Northampton having raised the Posse of the County, proceeded, on the eighteenth of January last, to Wyo- ming, in order to execute the King's Writ and Warrant against the said Stewart and some of his Associates, who had there shut them- selves up in a Fort; and that on the Monday following, the said Lazarus Stewart and his Party, bidding defiance to all lawful Au- thority, and setting themselves in opposition to the Sheriff in the Execution of his Duty, refused him Admittance into the said Fort to serve the said Process on divers Persons therein named, who were then within the said Fort, and threatened to put him and his People to Death; and in the end, the said Stewart most wickedly and treach- erously, without any Provocation, murdered Nathan Ogden, one of

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the Sheriff's Posse, who had come to the Fort at the said Stewart's Request, to "parly with him in a friendly way, and at the same Time the rest of the said Stewart's Associates, by his Orders, fired upon others of the Sheriff's Posse, who were unarmed, and wounded three of them ; that they continued firing the remainder of the Day, at every Person that appeared within reach of their Guns, and in the Evening, abandoning the Fort, fled to the Woods and made their Escape.

"And Whereas, public Justice, and the Peace and Tranquility of His Majesty's liege Subjects, require that the Perpetrators and Abettors of such atrocious Crimes should be apprehended and brought to condign and exemplary Punishment ;

" I have, therefore, thought fit, with the advice of the Council, to issue this my Proclamation, hereby strictly charging and command- ing all Judges, Justices, Sheriffs, Constables, and all other His Majesty's liege Subjects within this Government, to make diligent search and enquiry after the said Lazarus Stewart and his principal Accomplices, Viz': James Stewart, William Stewart, John Simp- son, William Speedy, John McDaniel (alias Donnel), William Young, and Richard Cook, as well as all others of his Accomplices, and to use all lawful Means for apprehending, securing, and bring- ing them to Justice; And, as an Encouragement, I do hereby promise and engage, that the Public Reward of three hundred Pounds shall be paid to any Person or Persons who shall apprehend the said Laz- arus Stewart, and safely deliver him to the Sheriff of the City and County of Philadelphia, in the Gaol of the said County ; and also a) Reward of fifty Pounds for apprehending and delivering to the said Sheriff in the same Place, each of his said principal Accomplices, James Stewart, William Stewart, John Simpson, William Speedy, William Young, John McDaniel (alias Donnel), and Richard Cook.

"Given under my Hand and the Great Seal of the said Province, at Philadelphia, the ninth day of February, in the eleventh Year of His Majesty's Reign, and in the Year of our Lord one thou- sand seven hundred and seventy-one.

"JOHN PENN.

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

Two Members of Assembly presented to the Governor for his Concurrence a Bill entituled " An Act for preventing Tumults and Riotous Assemblies, and for the more Speedy and effectual punish- ing the Rioters," which was taken into immediate Consideration, and being approved, was returned to the Assembly by the Secre- tary, with a Verbal Message to the House " that the Governor gave his Assent to it, and would be at the Council Chamber in a quar- ter of an Hour, in order to enact the same into a Law."

At Noon the Governor being in the Council Chamber, sent a Message to the Assembly by the Secretary, to acquaint them that

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he required their Attendance there, that he might pass the Bill to which he had given his Assent ; The whole House attended accor- dingly, and the Speaker presented the Riot Bill, which the Gover- nor enacted into a Law, and signed a warrant for affixing the Great Seal thereto, which was immediately done, and the Law deposited in the Rolls Office.

Friday the 15th of February, 1771.

The Governor having this Morning received a verbal Message from the Assembly, by two Members, desiring he would be pleased to communicate to them any Answer he may have received from General Gage respecting the Matters which, in their Remonstrance of September last, they requested the Governor would represent to him, directed the Secretary to lay before the Assembly for their Perusal General Gage's Letter of the 23d of October last, which follows in these words, Viz":

" NEW YORK, 23d of October, 1770.

" Sir :

" I have received your Letters of the 16th and 18th Instant, with a Number of Depositions and a Remonstrance to you from the House of Assembly of Pennsylvania, relative to Demands for the payment of Carriages employed by Lieutenant Colonel Wilkins, on his March to Fort Pitt in 1768, with part of His Majesty's Royal Regiment of Ireland.

The Papers you have transmitted shall be laid before the proper Officers for Examination ; with as little Delay as possible, and I will do all that depends on me to redress the Grievances com- plained of.

" I have the Honor to be, with great Regard, Sir, "Your most Obedient, humble Servant, "THOMAS GAGE.

"To the Honorable Lieutenant Governor PENN."

At a Council held at Philadelphia, on Saturday the 16th of Feb- ruary, 1771.

PRESENT :

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

Benjamin Chew,

Lynford Lardner,

The Governor laid before the Board for their Consideration seve- ral Bills which the House of Assembly presented to his Honor for his Concurrence, entituled as follow, Viz":

James Tilghman, Esquires.

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" An Act declaring the River Susquehanna, and other Streams therein mentioned, Public Highways, for improving the Navigation in the said River and Streams, and preserving the Fish in the same."

" An Act declaring the Rivers Delaware and Lehigh, and parts of Neshaming Creek, as far up as Barnsley's Ford, and of the stream called the Lechawaxin, as far up as the Falls thereof, com- mon Highways, and for improving the Navigation in the said Rivers."

" An Act for vacating a part of a Road in the Township of Pas- syunk, and for confirming a new Road laid out and made instead thereof."

" An Act for appointing Commissioners for opening and main- taining parts of two Roads therein mentioned.

" An Act for regulating the Fishery in the Rivers Codorus and Connewago, in York County."

" An Act for the relief of the Poor."

"An Act for appointing Regulators in the Southern Parts of the Northern Liberties of the City of Philadelphia, and for other pur- poses therein mentioned."

" An Act for erecting a Part of the County of Cumberland into a separate County."

" An Act for the better securing and punishing certain Offenders therein mentioned," and

" An Act for building a Bridge over Skippack Creek, in the County of Philadelphia."

The said Bills were in part read and considered and referred to further consideration.

At a Council held at Philadelphia on Monday the 18th of Feb- ruary, 1772.

PRESENT :

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

William Logan, James Tilghman, Esquires. Benjamin Chew, Andrew Allen,

The Consideration of the three following Bills was resumed, viz"

" An Act for appointing Commissioners for opening and main- taining parts of two Roads therein mentioned."

" An Act for erecting a part of the County of Cumberland into a Separate County," and

" An Act for building a Bridge over Skippack Creek, in the County of Philadelphia."

Which Bills being read and considered, were Ordered to be re- turned to the Assembly, with a few small Amendments made to the

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two first mentioned, and a verbal Message by the Secretary, that the Governor gave his Assent to the latter.

The other seven Bills before the Governor were referred to fur- ther Consideration.

At a Council held at Philadelphia, on Tuesday 19th of Febru- ary, 1771.

PRESENT :

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

William Logan, James Tilghman, ?

Benjamin Chew,

Andrew Allen. Esquires. B

The following Bills were again laid before the Board for their Consideration, Vizt. :

"An Act for vacating a Part of a Road in the Township of Passyunk, and for confirming a new Road laid out and made in- stead thereof."

" An Act for the better securing and punishing certain Offenders therein mentioned."

" An Act for the appointing Regulators in the Southern Parts of the Northern Liberties of the City of Philadelphia, and for other Purposes therein mentioned."

" An Act for regulating the Fishery in the Rivers Codorus and Conewago, in York County."

The said Bills after due Consideration, were agreed to, and the Secretary was ordered to return the same to the Assembly with the Governor's Assent.

Then were read the two following Bills, viz. : "An Act declaring the River Susquehanna, and other streams therein mentioned, pub- lic Highways, &ca .. "

" An Act declaring the Rivers Delaware and Lehigh, and Parts of Neshaming Creek, &cª. and of the Stream called the Lecha- waxin, &cª. common Highways" &cª .; and after some Consideration of them, the Board advised the Governor to send a Verbal Message to the Assembly respecting them, by the Secretary, in the follow- ing Words, Viz* :

" Sir :

" The Governor requests that the House will inform him whether they are possessed of any Plans or Draughts of the Rivers Dela- ware, Lehigh, Susquehanna and Juniata, and of the Streams Cones- togoe, Bald Eagle, Machanoy, Penn's Creek, Swatara, Connedoguinet and Kiskemanetas, which by the Bills now under his Consideration, are proposed to be kept open for Navigation, and particularly, whether these streams have been explored, and that if they have any such Draughts, the House will lay them before him."

" February 19th, 1771."

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The Bill for the relief of the Poor was then read and in Part considered, and referred by the Board for a further Consideration at their next Meeting.

At a Council held at Philadelphia, on Wednesday 20th of Feb- ruary, 1771.

PRESENT :

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

William Logan, James Tilghman,

Richard Peters, Andrew Allen, Esquires.

Benjamin Chew, Edward Shippen Junior,

The Governor having received by two Members of the Assembly a verbal Message in Answer to his Message of yesterday, his Honor laid the same' before the Board, which follows in these Words, Vizt. :

A Verbal Message to the Governor from the Assembly.

The House inform his Honor, that they are possessed of no Plans or Draughts of the several Rivers and Streams mentioned in his verbal Message of this Day, except an accurate one of part of the River Delaware, which they lay before him agreeable to his request, and those contained in the several Maps of this Province, and that further the House know not whether those Rivers and streams have been particularly explored, having proceeded in the framing of the Bills referred to by His Honor on the Information of their Members.

The Board then resumed the Consideration of the Poor Bill, and after some Time spent in deliberating about the Amendments pro- per to be made to it, the further Consideration of it was deferred "till to-morrow Morning.

At a Council held at Philadelphia, on Thursday the 21st Feb- ruary, 1771.

PRESENT :

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

Benjamin Chew, Andrew Allen, Esquires.

James Tilghman, Edward Shippen, Junior, 1

The consideration of the Poor Bill was resumed, and the follow- ing Amendments being made to it, the Secretary was ordered to re- turn the Bill to the Assembly with the same, Viz":

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Amendment 1st. Page 5, Line 1. After the Word [County ] add [and the Mayor and Recorder ].

2. Page 6, Line 4. Before the Word [Aldermen] insert the Words [ Mayor or Recorder, and].

3. Same Page, Line 7. After the Word [Justices] insert Words [Mayor or Recorder ].

4. Page 10, Line 3. Instead of [Occassion ] say [Occasion].

5. Page 11, Line 6. After the Word [assessed] add the Words [in the said City or District, or any Borough or Township].

6. Same Page, Line 9. After the Word [any ] insert the Words [Magistrate of the said City or any].

7. Page 12, Line 9. Dele the Words [Justices] and insert the Words [Magistrate or Justice, respectively ].

8. Page 15, Line 1. After the Word [Tenant] insert the fol- lowing Clause : [Provided also, that the Estates of the Honorable the Proprietaries of this Province, shall not be liable to be rated or Assessed by Virtue of this Act].

9. Page 16, Line 1. After the Word [further] insert the Word [enacted ].

10. Page 28, Line 10. After the Word [Be] insert the Word [it ].

11. Same Page, last Line. After the Word [exceeding ] add the Words [in the whole, including all Gifts, Grants, Devises, and Be- quests heretofore made ].

12. Page 30, Line 4. Dele the Word [District] in the Place where interlined, and insert the same Word before the Word [and].

13. Same Page, Lines 8 & 9. After the Word [exceeding] in- sert the Words [in the whole, including all Gifts, grants, and De- vises and Bequests heretofore made 7.

14. Same Page, Line 9. After the Word [the] insert the Word [aforesaid].

15. Page 34, Line 11. Dele the Word [six ] and insert the Word [twelve ].

16. Page 42, Line 5. After the Word [same ] insert the Words [Provided always, that none of the Justices or Magistrates who signed the said Order of Removal, shall sit in Court or give his Judgment in hearing and determining an Appeal from the same Order ].

17. Page 56, Line 11. Dele the first Word [Persons] and in- stead thereof insert the Word [Person].

18. Page 57, Line 4. Instead of the first Word [overseers ] say [Overseer ].

19. Page 62, Line 8. Instead of [Complant ] say [Complaint].

20. Page' 68, last Line. After the Word [Void] add the follow- ing Clause : [And be it further enacted by the Authority aforesaid, that this Act shall continue in force for the space of five Years, and from thence to' the End of the next sitting of Assembly, and no longer ].

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The Governor then laid before the Board a Bill he had received from the Assembly, entituled " An Act for regulating and contin- uing the Nightly Watch, and enlightening the Streets, Lanes, and Alleys of the City of Philadelphia, and for raising of Money on the Inhabitants and Estates of the said City, for defraying the Ex- pence thereof," which was read and considered, and the Board making no Objection thereto, it was ordered to be returned to the Assembly with the Governor's Assent.

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Colonial records of Pennsylvania, Vol. IX, Part 69

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