USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 70
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At a Council held at Philadelphia, on Thursday 28th February, 1771.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª.
James Tilghman, - Edward Shippen, Junior, Esquires.
The Board resumed the Consideration of the Bill for declaring the Rivers Delaware and Lehigh, &ca., common Highways, &cª., and the following Amendments being made to it, The Secretary was or- dered to carry the same to the Assembly with the Bill.
Page 3, Line 11. After the Word [Highways] insert the Words [for the Purposes of Navigation up and down the same].
Same Page, Last Line. After the Name [Kechlene] insert the Name [Henry Kooken].
Page 4, Line 2. Dele the Name [Adam Yoke].
Same Page and Line. Dele the Word [and] and insert the same Word before the Name [John Arbo].
Same Page, Line 5. Instead of the Word [River] say [Rivers].
The Governor laid before the Board for their Consideration a Bill sent up by the Assembly for his Concurrence, entituled " An Act appointing Wardens for the Port of Philadelphia, 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 being read and considered, was Ordered to be returned to the Assembly with the. following Amendments :
Page 2, last Line. Instead of the Name [James Wharton] insert the Name [Samuel Mifflin].
Page 30, Line 10. After the Word [Beacons] insert the Words, [have been and].
Page 34, Lines 11 and 12. Dele the Words [per Ton].
The Governor then laid before the Board a Bill sent up by the. Assembly, entituled " An Act for the immediate raising of Money heretofore granted for the Defence of the City of Philadelphia," which was also read, and the Secretary directed to return it to the Assembly with two small Amendments.
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Two Members of Assembly having again brought up the Bill for the Relief of the Poor, with the following Answer to the Governor's Amendments, the same was laid before the Board and referred to the Consideration of the Council at their next Meeting :
The Assembly's Answer to the Governor's Amendments to the Bill entituled " An Act for the Relief of the Poor."
Amendments 1st, 2d, 3d, 4th, 5th, 6th, & 7th. Agreed to by the House.
Amendment 8. The House dissent to this Amendment, and pro- pose to his Honour's Consideration to expunge the Words [the clear yearly value] in Page 7, Lines 10 and 11, and to insert in- stead thereof the Words [upon every Inhabitant and Occupier], · which, if not rejected by the Governor, The House agree to with- draw the Clause beginning at the Word [And] inclusive, in Page 13, Line 7, and ending with the Word [Tenant ], in Page 15, Line 1.
Amendments 9th, 10th, 11th, 12th, 13th, 14th, & 15th, Agreed to by the House.
Amendment 16th. The House dissent to the Amendment, and propose to the Governor's Consideration, instead thereof, the fol- lowing Clause: [Provided always, that none of the Justices or Magistrates who signed the said Order of Removal, or who shall or may be rated and assessed by Virtue of this Act towards the Sup- port of the Poor of any City, Borough, Township, or Place, be- tween which any dispute shall arise or happen on such Removal, shall sit in Court, or give his Judgment on hearing and determin- ing an Appeal from the same Order].
Amendments 17th, 18th, & 19th. Agreed to by the House. Amendment 20th. The House adhere to the Bill.
At a Council held at Philadelphia, on Saturday the 2d of March, 11771.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor,
Benjamin Chew, Andrew Allen, Esquires.
James Tilghman, Edward Shippen, Junior, S
The Board taking into Consideration the Assembly's answer to the Governor's Amendments to the Bill for the Relief of the Poor, the following Reply thereto was drawn up and agreed to, and the Sectary was directed to carry the same to the House with the Bill, Viz* :
Amendment 8th. The Governor cannot accede to the Alterations proposed to be made to the Bill in their Answer to this Amend-
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ment, by expunging the Words [clear yearly Value], and inserting the Words [upon every Inhabitant and Occupier ], but will recede from this Amendment, provided the House withdraw the Clause referred to in the latter Part of their Answer thereto.
Amendment 16. The Governor dissents to the new Clause pro- posed to be added to the Bill, but agrees to wave this Amend- ment.
Amendment 20. The Governor adheres to this Amendment. The Governor, on a review of the Bill, recommends it to the Considera- tion of the House, whether the following alteration would not be of public Use, Viz* :
Page 41, line 6th. After the word [the], add the Words [City, Borough, Township, Province, or ].
The Board resumed the Consideration of the Bill declaring the River Susquehanna, and other Streams therein mentioned, Public Highways, &cª., and having made the following Amendments there- to, the Secretary was ordered to carry the same to the Assembly with the Bill, Vizt :
Amendments to the Title of the Bill entituled " An Act declar- ing the River Susquehanna, and other Steams therein mentioned, Public Highways, &cª."'
Line 1. Instead of [River ], say [Rivers].
Line 2. Dele the Words [other Streams ], and insert the word [Juniata].
Line 5. Instead of [River], say [Rivers].
Same Line. Dele the Words [and Streams].
Amendments to the Bill :
Page 1, Line 9. Dele the Words [such Rivers and other Streams as are or may], and insert the Words [the Rivers Susquehanna and. Juniata ].
Same Page, Line 10. After the Word [Navigable], insert the Word [and].
Same Page, last Line. After the Word [the], add the Word [said].
Page 2. Dele from the Word [and], inclusive, in the first Line, to the Word [Kiskemanetas ], inclusive, in the third Line.
Same Page, Line 9. Dele the Words [and Streams].
Page 4. Dele from the Word [and], inclusive, in the first Line, to the Word [Kiskemanetas ], inclusive, in the seventh Line.
Same Page, Line 9. After the Word [Highways], insert the words [for the purposes of Navigation up and down the same].
Page 5, Line 2. After the word [Susquehanna], insert the word Tand].
Same Page, Lines 384. Dele the whole of the third and fourth Lines from [Bald Eagle] to the word [Swatara] inclusive.
Same Page, Line 10. Instead of the word [any] insert the word [either ].
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Same Page & Line. Dele the word [respective].
Same Page, Line 11. Dele the words [and streams].
Same Page, last Line. Dele the interlined words [and Streams].
Page 6, Line 11. Dele the word [respective ] and the words [and Streams. ]
Page 7, last Line. Dele the words [and Streams].
Page 8, Lines 4 & 5. Dele the words [and Streams ].
Page 9, Line 1. Dele the words [or Streams ], and instead of the word [any ] insert the word [either ].
Same Page, Line 4. Dele the words [or streams].
Page 10, Lines 6 & 7. Dele the words [or Streams ].
Same Page, Line 9. Dele the words [and Streams].
Same Page, last Line. Dele the words [and Streams].
Page 11, line 4. Dele the words [and Streams ].
Page 13, Line 5. Dele the words for Streams ]. Same Page, line 8. Dele the words [and Streams].
Page 14, Line 3. Dele the word [respectively ].
Same Page, Line 4. Dele the words [and Streams].
Page 15, Line 2. Dele the words [and Streams ].
Same Page, Line 8. Dele the words [or Streams ], and instead of the word [any] insert the word [either ].
Same Page Line 11. Dele the word [respective].
Same Page, last Line. Dele the words [and Streams ].
Page 16, Line 1. Instead of [assualted] say [assaulted].
Same Page, Line 10. Dele the words [and Streams].
Page 17, Lines 1 & 2. Dele the words [and Streams ].
Page 18, Line 6. Dele the words [or Streams.]
Page 19, Line 1. Dele the words [or Streams]. Same page, last Line. Dele the words [the same].
Page 20, Line 10. Dele the words [or Streams ], and instead of the word [any] insert the word [either].
Page 21, Line 7. Dele the words [and Streams].
Same Page, Line 11. Dele the words [and Streams]. March 2d, 1771.
The Governor then laid before the Board a Bill entituled " An Act to regulate the Assize of Bread, and for other Purposes there- in mentioned," which was read and referred to further Considera- tion.
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At a Council held at Philadelphia, on Monday the 4th of March, 1771.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª.
James Tilghman, Andrew Allen,
? Esquires.
Edward Shippen, Junior, )
The Governor laid before the Board three Bills sent up by the Assembly for his Honour's Concurrence, entituled " An Act to re- peal a part of the Act entituled An Act for the preservation of Fish in the Rivers Delaware and the Lehigh, commonly called the Wes- tern Branch of Delaware."
" An Act to enable Peter Mierkin, Sugar Refiner, to hold Lands, and to invest him with the priviledges of a natural born Subject of this Province."
" An Act for the Relief of George Hawkins, Conrad Kehmle, and Jonathan Hobby, languishing Prisoners in the Gaol of Phila- delphia, with respect to the Imprisonment of their Persons," Which Bills were read and considered, and there appearing no Ob- jection to them, they were ordered to be returned to the House with the Governor's Assent.
The Board then resumed the Consideration of the Bill for regu- lating the assize of Bread, &ca., and there appearing some weighty objections to the Method proposed in the Bill of ascertaining the Price of Bread, by apportioning the Weight of the several kinds of Loaves to the price of Flour, and not according to the price of Wheat, which would be more just and reasonable ; and as no Amendments could be made to the Bill without altering the whole Frame of it, the Board advised the Governor to refuse his Assent to it, and the Secretary was ordered to return it to the Assembly, with a Verbal Message that the Governor could not agree to pass it into a Law.
At a Council held at Philadelphia, on Thursday the 7th March, 1772.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &c
Lynford Lardner, Andrew Allen,
James Tilghman,
Edward Shippen, Jun". ( Esquires.
The Assembly having again sent up the Bill declaring the River Susquehanna and other Streams, &cª-, public Highways, with an Answer to the Governor's Amendments, His Honor laid the same before the Board, and it follows in these Words, vizt:
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"The House agree to the Amendment in Page 16, Line 1, and as 'to all the other Amendments, the House to the Bill and its Title."
Several Surveyors and other Persons who had explored the Creeks mentioned in the Bill, appeared at the Board by appoint- ment, and having satisfied them that the said Creeks were large and capable of being made navigable for small Craft, the Council advised the Governor to recede from his Amendments respecting those Crecks, and to return the Bill to the Assembly, with the fol- lowing reply to their Answer, viz :
The Governor agrees to wave all his Amendments except that in Page 4, line 9, provided the House will agree to make a small alteration with respect to Conedaguinet Creek, viz: to expunge the words [William Thompson's Mill] in Page 4, lines 6 & 7, and instead thereof to insert the words [the Cove Fording, which leads to the Forty shilling Gap].
March 7th, 1771.
Friday, the 8th of March.
The Governor having received a verbal Message from the Assem- bly, by two Members, signifying their Intention to adjourn, and requesting him to appoint some Members of Council to compare the several Bills which had been agreed to, with their engrossed Copies, The Governor replied that he should appoint a Member of Council and the Secretary to join two Members of the House to collate the Bills immediately.
Saturday, the 9th of March.
Two Members of Assembly waited on the Governor, and acquainted him that the House proposed to adjourn to the 16th of September next, if he had no Objection thereto, and also requested the Gov- ernor would be pleased to appoint a Time for passing the Bills to which he had given his Assent. The Governor answered that he had no objection to their proposed adjournment, and that he should be in the Council Chamber about one O'Clock to-day, in order to pass the Bills.
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Council Chamber, 1 O'clock, P. M.
Mr. Tilghman and the Secretary having compared the several engrossed Bills with their Originals, and found them to agree, The
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Governor sent a Message to the Assembly by the Secretary, requir- ing their Attendance, that he might enact into Laws the several Bills to which he had given his Assent; the House accordingly at- tended, and the Speaker presented to the Governor twenty Bills which his Honor enacted into Laws, and signed a Warrant for affixing the Great Seal thereto.
The Laws were afterwards deposited in the Rolls Office, and are entituled as follows, viz“ :
" An Act for preventing Tumults and riotous Assemblies, and for the more speedy and effectual punishing the Rioters."
" A Supplement to the Act entituled ' An Act for erecting Part of the Counties of Philadelphia, Chester, and Lancaster, into a separate County."
" An Act to prevent the Destruction of Rock Fish and Oysters."
" An Act to regulate the Fishery in the River Schuylkill."
" An Act for the immediate raising of Money heretofore granted for the Defence of the City of Philadelphia."
"An Act for regulating the Fishery in the Rivers Codorus and Connewaga, in York County."
"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."
"A Supplement to the Act entituled 'An Act for the better Regulation of Servants in this Province and Territories.'"
" An Act declaring the Rivers Delaware and Lehigh, and part of Neshaming Creek, as far up as Barnsley's Ford, and of the Stream called the Lechawaxin, as far up as the Falls thereof, common High- ways, and for improving the Navigation in the said Rivers."
" An Act declaring the River Susquehanna, and other Streams therein mentioned, public Highways, for improving the Navigation of the said River and Streams, and for other Purposes therein men- tioned."
" An Act for vacating a part of a Road in the Township of Passy- unk, and for confirming a new Road laid out and made instead thereof."
"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."
" An Act appointing Wardens for the Port of Philadelphia, and for better regulating Pilots plying in the River and Bay of Dela- ware, and the Price of Pilotage to and from the said Port."
" An Act for the relief of George Hawkens, Conrad Kehmle, and Jonathan Hobby, languishing Prisoners in the Gaol of Phila- delphia, with respect to the Imprisonment of their Persons."
" An Act for building a Bridge over Skippack Creek, in the County of Philadelphia."
" An Act for the relief of the Poor."
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" An Act for regulating and continuing the Nightly Watch, en- lightening the Streets, Lanes, and Alleys of the City of Philadel- phia, and for other Purposes therein mentioned."
" An Act to enable Peter Mierken, Sugar Refiner, to hold Lands, and to invest him with the Priviledges of a natural born Subject of this Province."
"An Act to repeal a part of the Act entituled 'An Act for the preservation of Fish in the Rivers Delaware, Susquehanna, and the Lehigh, commonly called the Western Branch of Delaware."
Before the House withdrew, the Speaker presented to the Gov- ernor an Order on the Treasury for six hundred Pounds.
At a Council held at Philadelphia, on Monday the 11th of March, 1771.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Governor, &cª.
Richard Peters, James Tilghman, Esquires.
Benjamin Chew,
Edward Shippen, Junior, S
A law having passed on Saturday last, for erecting a part of the County of Cumberland into a Separate County, called Bedford County, The Governor acquainted the Board that he thought it ne- cessary to issue a Commission without delay, appointing Justices of the Peace, &ca., in the different Parts of the new County, and laid before the Board a List of Persons residing therein, who had been recommended to him as the best qualified to execute the Duties of the Magistracy, and after due Consideration, the following Persons were agreed on to be Justices of the Court of General Quarter Ses- sions of the Peace and of the County Court of Common Pleas for the said County of Bedford, and a Commission ordered to be made out accordingly, Viz4:
John Frazer,
William Proctor, Jun".,
Bernard Dougherty,
John Hanna,
Arthur St. Clair,
William Lochry,
William Crawford, John Willson,
James Milligan,
Robert Chiggage,
Thomas Gist,
William McConnell,
Dorsey Pentecost,
George Woods,
Alexander McKee,
L John Frazer,
Dedimus Potestatem, directed to - Bernard Dougherty,
Arthur St. Clair,
It having been represented to the Governor that several more Magistrates were wanted in the County of York, it was thought ad- visable that a new General Commission of the Peace should be is-
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sued for that County, and the Governor laid before the Board a List of the Justices in the present Commission, as well as the Names of others who had been recommended to him for Magis- trates. The Board taking the same into Consideration, the follow- ing Persons were agreed on, and a Commission was ordered to be is- sued, appointing them Justices of the Peace and of the County Court of Common Pleas for the said County of York, Vizt:
Robert McPherson,
Matthew Dill,
David Jameson,
Henry Slegle,
Martin Eickelberger,
William Smith,
Archibald McGrew,
John Smith,
John Adlum,
Cunningham Sample,
John Pope,
Richard McCallister,
Michael Swoope,
David McConnaughy,
Samuel Johnston,
William Penrose,
Samuel Edie,
William Rankin,
William Delap,
Joseph Updegraff.
Thomas Minshall,
Tuesday the 12th of March.
The Governor was pleased this day to appoint Arthur St. Clair, Esquire, to the several Offices following, in the County of Bedford, by three separate Commissions under the Great Seal of the Pro- vince, Vizt .: Prothonotary, or Principal Clerk of the County Court of Common Pleas, Clerk or Register of the Orphans' Court, and Recorder of Deeds.
At a Council held at Philadelphia on Saturday the 6th of April, 1771.
PRESENT :
The Honourable JOHN PENN, Esquire, Lieutenant Gover- nor, &ca.
Benjamin Chew,
James Tilghman, Andrew Allen, Esquires.
Lynford Lardner,
Edward Shippen, Junior,
The Governor laid before the Board a Petition from sundry Free- holders, and other Inhabitants of the County of Northampton, Set- ting forth that the Prosperity of the Settlement at Wyoming, and elsewhere, on the North-East Branch of the River Susquehanna, in" the County aforesaid, greatly depends on making a Road from the Old frontier Improvements to Susquehanna aforesaid, as the diffi- culty of travelling on Horseback from either of the above Places to
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the other, by way of the present Path, is sensibly felt by all who at- tempt it, and must be attended with a great Expence before it can be made passable for Carriages, without which the removeing Families and Husbandry cannot be well effected, And therefore, Praying the Governor and Council to issue an Order for Viewing and laying out a Road from the foot of the blue Mountain on the North Side thereof, to Wyoming aforesaid, as nearly on a direct Line as the Situation of the Lands will admit of.
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 Aaron Dupui, Garret Brodhead, Peter Kachlein, Daniel Shoemaker, John Vancampen, Beniah Monday, Philip Johnson, John Seeley, and Michael Roup, or any five of them, do view and lay out a Road from the North side of the blue Moun- tain to Wyoming, in the most convenient and direct Courses, and to make a Return of the Courses and Distances thereof, with a Draft of the said Road, into the Provincial Secretarie's Office, within six months from the Date hereof, in order to be confirmed by the Governor and Council as a Public Road or King's High-Way, if the same shall be approved.
The Governor acquainted the Board that, as several of the Per- sons named in the last Commission of the Peace for Cumberland County, now reside in the County of Bedford, and have been lately appointed Magistrates therein, he thought it would be proper to make an alteration in the Cumberland Commission, by leaving out their names, and to appoint in their Room some others who are now recommended to him for that Purpose by the Magistrates of the said County, a List of whose Names were laid before the Board and approved of, and a Commission was accordingly issued under the Great Seal of the Province, appointing the following Gentlemen Justices of the Court of General Quarter Sessions of the Peace and of the County Court of Common Pleas for the said County of Cumberland, Vizt :
John Armstrong,
John Byers,
John Reynolds, Jona than Hoge,
John Holmes,
John Allison,
Robert Miller,
George Robeson,
William Lyon,
William Patterson,
John McClay, Junior,
Turbutt Francis, Henry Prather, John Agnew,
William Elliott, William Brown,
Samuel Lyon,
James Dunlap,
William Thompson, James Oliver, Mathew Henderson.
Andrew Calhoon, James Maxwell,
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. At a Council held in the Council Chamber at Philadelphia, on Monday the 6th day of May, 1771.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, President.
William Logan, Thomas Cadwalader, Richard Peters, James Tilghman, 7
Lynford Lardner,
Andrew Allen,
Esqrs.
Benjamin Chew,
Edward Shippen, Junior,
The late melancholy Death of the Honorable Richard Penn, Es- quire, late one of the Proprietaries of this Province, having occa- sioned the Honorable John Penn, Esquire, to embark for Great Britain on Saturday last, The Council in his absence met this day, and Mr. Hamilton, as eldest Counsellor, acquainted the Board that the exercise of the Powers of Government (Legislation excepted) by a Law of this Province, passed in the tenth year of Queen Ann, entituled " An Act for the further securing the Administration of Government," now devolves on this Board, which Law was read, and Mr. Hamilton proceeded to say that he was willing to discharge the office of President, and with the concurrence and assistance of the other Members, to execute the Powers of Government which were legally lodged in them.
It being required by the said Act of the tenth of Queen Ann, that the President or first named Member of Council that shall succeed at the time of the Death or absence of the Governor, shall give due Notice thereof by the first opportunity to one of the Sec- retaries of State of Great Britain, and Board of Trade and Plan- tations, and also to the Governor-in-Chief of this Province, it was recommended to the President to give the notices accordingly.
The Board agreed that Mr. Joseph Shippen, Junior, be continued Secretary and Clerk of the Council.
The President then proposed that a Proclamation notifying the absence of the Lieutenant Governor, and for continuing all Officers in their respective offices, should be issued, and the Secretary hav- ing already prepared one for that Purpose and produced it to the Board, the same was read, agreed to, and signed by the President, and a Warrant for affixing the Great Seal thereto was also signed by the President and the four Eldest Members present. It was then ordered that the Proclamation be published in the several News Papers, and a number of printed Copies of the same be dis- patched to the Sheriffs of the different Counties, to be dispersed as usual. The Proclamation follows in these Words, Vizt .:
" By the Honourable JAMES HAMILTON, Esquire, President, and the Council of the Province of Pennsylvania.
"A PROCLAMATION.
WHEREAS, The Honourable John Penn, Esquire, Lieutenant Governor and Commander-in-Chief of this Province, hath embarked
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for Great Britain, and by his absence the Exercise of the Powers of Government, by virtue of an Act of Assembly passed in the tenth Year of the Reign of the late Queen Ann, is devolved on and lodged in us. We have therefore, thought fit to publish and declare that all Persons whatsoever, who held and enjoyed any Office of Trust or Profit in this Government, by virtue of any Commission in force at the Time of the said Governor's departure, shall continue to hold and enjoy the same offices until they shall be determined by us, or some other sufficient Authority. And we do hereby command and require all Judges, Justices, and other Officers whatsoever, in whom any Public Trust is reposed in this Government, that they diligently proceed in the Performance and discharge of their res- pective Duties therein, for the safety, Peace, and well being of the same.
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