USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 72
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" Given at New Castle, under the Great Seal of the Counties afore- said, the fifth day of June, in the eleventh year of the Reign of our Sovereign Lord George the third, by the Grace of God of Great Britain and Ireland, King, Defender of the Faith, and so forth, and in the year of our Lord one thousand seven hundred and seventy one.
"JAMES HAMILTON, "WILLIAM ARMSTRONG, "EVAN RICE, "CHARLES RIDGELEY.
" By Order of the President and Council. " JOSEPH SHIPPEN, Jun"., Secretary. " GOD SAVE THE KING."
It was then agreed that, for the greater Convenience and dispatch of the Common Business of the Government, the President should sign all Licences, Let Passes, and Registers, and such other Public Instruments and Papers as are to pass of Course.
Eodem die, P. M.
The President and his Council being again met, a Committee of Assembly waited on them, to acquaint them that as no Acts of Legis- lation could be passed, the House inclined to adjourn to the last day of September next, if the Board had no objection thereto ; to which the President replied, in behalf of the Board, that the Adjourn- ment the House proposed to make was very agreeable to them.
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PROVINCIAL COUNCIL.
At a Council held at Philadelphia, on Wednesday 19th June, 1771.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, President.
Joseph Turner, James Tilghman,
William Logan,
Andrew Allen,
Esquires.
Benjamin Chew, Edward Shippen, Junior,
1
The Secretary laid before the Board a Return and Draught of a Road laid out, Surveyed, and Returned into the Provincial Secre- tarie's Office, pursuant to an Order of Council of the 11th of De- cember last, beginning in a Road leading from Wright's Town to Bibury, and to extend thence on a Line dividing the Counties of Philadelphia and Bucks, or as nearly so as may be, to the Macungy Road, and at the same Time, he acquainted the Board that Several Persons living on or near the said Line, having several Objections to the said Road, requested that the President and Council would give them an Opportunity of being heard before they should come to any Determination thereon; the Board, therefore, appointed Thurs- day the first day of August next, for the Consideration of this Matter, and directed the Secretary to give Notice thereof to some of the Petitioners for the Road, as well as to those who had re- quested an Opportunity of explaining their Objections to it.
At a Council held at Philadelphia, on Monday 1st July, 1772. PRESENT :
The Honorable JAMES HAMILTON, Esquire, President.
Joseph Turner, Thomas Cadwalader,
Richard Peters, Andrew Allen, - Esquires.
Benjamin Chew, Edward Shippen, Junior,
The President laid before the Board the Transcript of two Re- cords of Conviction, which being read, it appears by one of the said Records, that at a Court of Oyer and Terminer and General Gaol Delivery, held at Lancaster, for the County of Lancaster, on the the 23d day of May last, before John Lawrence and Thomas Wil- ling, Esquires, two of the Justices of the Supream Court and of the said Court of Oyer and Terminer, William Dickson and Mary Dickson were tried and convicted of a Felony and Murder, commit- ted on the Body of a certain Allan Regan, and have received Sen- tence of Death for the same.
And by the other of the said Records it appears that, at a Court of Oyer and Terminer and General Goal Delivery, held at Carlisle, for the County of Cumberland, on the fifth day of June last, before the said Justices, Edward O'Neal was tried and convicted of a Felony
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and Murder, committed on the Body of a certain James Crowley, and hath received Sentence of Death for the same.
The said Records being taken into Consideration, and it appear- ing by the Report of the said Justices to be their Opinion, from the > Evidence given on the Trial, that neither William Dickson nor his Wife, Mary Dickson, had any real Intention of committing the Murder of which they were convicted; It was, therefore, the unani- mous opinion of the Board, that the Sentence of the Court awarded against the said William and Mary should be suspended until His Majesty's Gracious Pleasure be known ; and they accordingly granted a Reprieve under the Great Seal, for the space of twelve Months. And the said Justices having reported no favourable Circumstances in behalf of the above named Edward O'Neal, but on the contrary, that it was fully proved on his Trial he had committed a Wilful and malicious Murder, The Board ordered a Warrant to be issued for his Execution on Wednesday the 24th of this Instant, July.
At a Council held at Philadelphia, on Tuesday the 9th of July, 1771.
PRESENT :
The Honorable JAMES HAMILTON, Esquire, President.
Joseph Turner, James Tilghman,
William Logan, Andrew Allen, Esquires.
Thomas Cadwalader, Edward Shippen, Junior,
1
A Member of Council acquainted the Board that Daniel Brod- head, Esquire, one of the Justices of the Peace for the County of Northampton, has lately removed into Berks County, and recom- mending him as a Man of good understanding and Character, and who had faithfully discharged his Duty as a Magistrate, requested that he might be put into the Commission of the Peace for the County where now resides. The Board approving of the said Re- commendation, Ordered that a Special Commission be made out, appointing the said Daniel Brodhead a Justice of the Court of Gen- eral Quarter Sessions of the Peace and of the County Court of Com- mon Pleas for the said County of Berks.
At a Council held at Philadelphia, on Wednesday the 10th of July, 1771.
PRESENT :
The Honorable JAMES HAMILTON, Esquire, President. Joseph Turner, Benjamin Chew, Andrew Allen,
James Tilghman, { Esquires.
Mr. Tilghman laid before the Board several Letters which he had just received from Northampton County, informing him that a
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considerable Party of Connecticut People, to the amount of 500 Men, under Arms, are proceeding on their way to Wyoming, with a Design to dispossess the People settled there under Contracts with the Proprietaries. The said Letters were read, and the Board ta- king into Consideration the Measures proper to be taken in order to prevent the Execution of that unlawful Enterprize, agreed, as the only Expedient at present in their Power, to issue a Procla- mation forbidding all Persons whatsoever to settle on any Lands within this Province, without Permission from the Proprietaries, or authority from this Government, and requring the Magistrates, Sheriffs, and other Peace Officers, to enforce a strict Execution of the Riot Act passed the last Session of Assembly. The Proclama- tion was accordingly issued, and a number of Copies thereof order- ed to be printed and sent to the Sheriffs of Northampton, Berks and Lancaster Counties, to be dispersed through those Counties.
The Proclamation follows in these Words, Viz":
" By the Honorable JAMES HAMILTON, Esquire, President, and the Council of the Province of Pennsylvania.
" A PROCLAMATION.
" WHEREAS, a Number of Persons, chiefly of the Colony of Connecticut, have lately, as well as at different Times heretofore, in a forcible manner, without any Licence or Grant from the Hono- rable the Proprietaries of this Province, or Authority from this Go- vernment, possessed themselves of and settled upon a large Tract of Land on the River Susquehanna, within the known Limits of this Province, from whence they have been removed by due Course of Law, and the said Lands are now in the peaceable Possession of a number of People, under Contracts made with the said Proprie- taries for the Purchase of them : And Whereas, we have received intelligence that a Number of People of the said Colony of Con- necticut are now again assembled in Arms, and proceeding on their way to this Province, in a hostile and warlike Manner, in order violently and forcibly to take Possession of the said Lands on the Susquehanna : And Whereas, by an Act of General Assembly of this Province, made in the present year 'for preventing Tumults and riotous Assemblies, and for the more speedy and effectual punishing the Rioters,' it is enacted 'that if any Persons, to the Number of twelve or more, being unlawfully, riotously, and tu- multuously assembled together, at any Time after the Publication of this Act, and being required or commanded by any one or more Justice or Justices of the Peace, or by the Sheriff of the County, or his under-Sheriff, or by the Mayor, Bailiff or Bailiffs, or other Head Officer, or Justice of the Peace, of any City or Town Corpo- rate where such Assemblies shall be, by Proclamation, to be made in the King's Name, in the Form therein directed, to disperse
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themselves and peaceably to depart to their Habitations, or to their lawful Business, shall to the number of twelve or more, (notwith- standing such Proclamation made), unlawfully, riotously, and tu- multuously remain or continue together, to the Number of twelve or more, after such Command or Request made by Proclamation, shall be adjudged Felony, without Benefit of Clergy, and the Of- fenders therein shall be adjudged Felons, and shall suffer Death as in case of Felony, without Benefit of Clergy,' ' Wherefore, to pre- serve the Peace of the Province, and to warn and prevent any of the Inhabitants of this Government from being unwarily drawn in to join the said Intruders in prosecuting their illegal Settlements, and from Subjecting themselves to the Penalties of the said recited Act, We have judged it proper to issue this our Proclamation, hereby forbidding all His Majesty's Subjects of this or any other Colony or Province, on any pretence whatsoever, to intrude 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 Rigor of Law; And we do hereby strictly charge and enjoin all Magistrates, She- riffs, and other Peace officers within this Province, to enforce and carry into strict Execution the said Act of General Assembly, as well against the said Intruders, as all others who may transgress the same.
" Given in Council, under the Great Seal of the said Province, at Philadelphia, the tenth day of July, in the Year of our Lord one thousand seven hundred and seventy-one, and in the eleventh Year of the Reign of our Sovereign Lord George the third, by the Grace of God, of Great Britain, France and Ireland, King Defender of the Faith and so forth.
" JAMES HAMILTON, President.
" By Order of the President and Council,
" JOSEPH SHIPPEN, Junior, Secretary. " GOD SAVE THE KING."
At a Council held at Philadelphia on Tuesday the 16th of July, 1771.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, President.
Joseph Turner, James Tilghman, r Richard Peters, Andrew Allen, Esquires.
Benjamin Chew, Edward Shippen, JunT.,
Captain Amos Ogden, who came to Town last Night Express from Wyoming, appeared at the Board, and acquainted them that on Tuesday last about seventy armed Men from Connecticut, joined
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by Lazarus Stewart and some others of his Accomplices in the Murder of Nathan Ogden, had arrived at Wyoming, with a design of repossessing the Lands there, and prosecuting their illegal Set- tlement. He also represented the distressed Condition of the Peo- ple who are settled there under Contracts with the Proprietaries, that they consisted at present of about forty Men, (many others be- ing absent taking care of their Harvest on Delaware,) and about one hundred and fifty women and Children, who, on the approach of the Connecticut Intruders, were obliged to take refuge for their safety and defence in a Block House, where they had but a small Quantity of Provisions, which could not last them longer than about ten days ; That unless some Relief and Assistance was imme- diately sent to them, they would be obliged to abandon their Set- tlements, and leave the Connecticut Tresspassers the Possession of their Lands, and all their Fields of Wheat and Indian Corn ; That they had therefore requested him to come down with all the Dis- patch in his Power, and make application to the Government in their behalf, to grant them such Assistance and Relief as they should judge would be sufficient to enable them to stand their Grounds, and remove the Party who were come to distress them.
The Board taking this Matter into their serious Consideration, were of Opinion that, in Order to bring to Justice that dangerous Villain, Lazarus Stewart, and his daring accomplices, to preserve the Public Peace, and prevent such Tumults and Riots as have heretofore been committed by them, in conjunction with the Con- necticut People, it would be expedient and necessary to order the Sheriff, and one or more of the Justices of the Peace for the County of Northampton, to proceed without delay to Wyoming, taking with them about an hundred Men, as a Posse Comitates, in order to enforce the Riot Act lately passed in this Province, and by legal warrants to apprehend and bring to Justice, not only such as had been concerned in the Murder of Nathan Ogden, and in former Riots, but such as should oppose them in the due execution of the Laws.
"It was, therefore, accordingly agreed that an hundred Men should be hired to accompany the Sheriff to Wyoming for the Pur- poses aforesaid, and that a quantity of Provisions should be imme- diately provided in Town and sent up to Northampton for their sub- sistance, and for the relief of the Settlers at Wyoming; and that Mr. Tilghman and Mr. Joseph Shippen should proceed without delay to Easton, in order to meet the Magistrates of Northampton County, and consult them upon the proper Steps to be taken for the speedy raising a Number of Men, and forwarding the intended Mea- sure. And in order to defray the Expences which must Necessarily arise in carrying this Measure into Execution, The Board, upon considering a Letter from Henry Wilmot, Esquire, to Mr. Chew, approved by the Proprietaries, relative to the removing the Con- necticut Intruders from off the Lands at Wyoming, are of Opinion
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that the Receiver General may be justified in paying the Draught of this Board for the Sum of three hundred Pounds, and they have accordingly drawn an Order on the Receiver General for that Sum, payable to the said Mess". Tilghman and Shippen, to be applied to those Expences.
At a Council held at Philadelphia, on Thursday the 1st of Au- gust, 1771.
PRESENT :
The Honorable JAMES HAMILTON, Esquire, President.
William Logan, . James Tilghman,
Richard Peters, Edward Shippen, JunT., Esquires.
The Council was this day summoned to consider the Return of the Road on the Line dividing the Counties of Philadelphia and Bucks; but as no more than four Members attended, (several of them being out of Town), it was agreed that the Consideration of this Matter should not be entered upon without a fuller Board. The hearing of the Parties for and against the Road was therefore post- poned 'till Monday the ninth of September next, and the Secretary gave Notice thereof accordingly to the Persons concerned, who at- tended on this Occasion.
One of the Members of Council acquainted the Board that John Moore, Esquire, one of the Justices of the Peace for the County of Northampton, had some Time ago removed into Philadelphia County, and recommending him as a Man of good Understanding and Character, who had discharged his Duty as a Magistrate with Fidelity, requested he might be put into the Commission of the Peace for the County where he now resides. The Board appro- ving of the said Recommendation, issued a Special Commission, ap- pointing the said John Moore, Esquire, a Justice of the Court of General Quarter Sessions of the Peace and of the County Court of Common Pleas for the County of Philadelphia.
At a Council held at Philadelphia, on Saturday, 3d August, 1771.
PRESENT :
The Honorable JAMES HAMILTON, Esquire, President.
Benjamin Chew, Andrew Allen,
James Tilghman, Edward Shippen, Jun., S Esquires.
Mr. Tilghman and Mr. Joseph Shippen, who returned a few days' ago from Northampton, Reported to the Board, That on their ar- rival at Easton, they had a Meeting with all the Magistrates of the County, who each engaged to use their Influence in raising Men in
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PROVINCIAL COUNCIL.
different Parts of the County to meet the Sheriff over the Moun- tain on the Wednesday following, and to accompany him to Wyo- ming; that notwithstanding the Endeavours used by the Magis- trates and others who were employed in New Jersey to raise Men, there assembled at the Place of Rendezvous not more than about forty Men, instead of an hundred, expected to be raised; that so small a number of Men, upon a consultation with the Magistrates, were thought very insufficient to effect the Business at Wyoming; Whereupon it was judged most advisable to suspend the attempt till the Harvest was over, when there would be a greater probabili- ty of procuring a sufficient Force, and in the mean Time to send a Party of about twenty men with a supply of Flour to our People in the Block House at Wyoming, who, by the intelligence received from thence, were in great Distress for want of that 'Article, and were invested by four different Incampments of the New Eng- landers and the other Rioters ; That having given directions for the immediate dispatch of this supply, they left Instructions with Mr. Gordon and the other Magistrates, the Sheriff and Mr. Charles Stewart, to make another attempt to raise about sixty Men, to meet at the Foot of the Mountain on Wednesday the 12th of August, which, with the Party sent with the Flour, and the Men then in the Block House, were judged sufficient to assist the Sheriff in execu- ting the Riot Act, and in the further discharge of his Duty. Mr. Tilghman then laid before the Board the Deposition of Thomas Neal and Valentine Arnott, &cª., taken before Captain Amos Ogden, which was read, and is as follows, Vizt .:
"Thomas Neal, Valentine Arnott, and Thomas Scott, being duly sworn on the Holy Evangelists, doth depose and say, that on Tues- day Morning the 30th Instant, July, 1771, these Deponents was in Company with Captain Joseph Morris and John Dick, who com- manded a party of Men sent to Weyomee with Provision for the relief of the distressed Persons in the Block House, and as the Party was marching along the Road within three or four hundred Yards of the Block House, was hailed by a Man which they be- lieve was a Sentery. He asked who comes there; He was an- swered a Friend, by Captain Morris or some of his Party ; they was hailed several Times, and still answered and marched on, until they had got almost between two Breast Works, when they saw a Man rise up, hail'd, ordered them to stand, and swore by God he would fire ; they still marched on ; he immediately presented his Gun and fired. The Fire then soon became general from the Breast Works and out of the Woods. Morris and Dick's Party returned the Fire and took to the Trees; but these Deponents did not continue but a very short Time before they thought it Time to make their Escape, as they saw the Numbers of their Enemy increase. The Fire grew hot, and they was a surrounding them; these Deponents saw some of their own Men fall, but cannot say that they was killed ; they returned to a thick Wood, a mile or two
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from the Block House, where they lay the greatest part of the day, and then made the best of their way for the Inhabitants; further these Deponents saith not.
" Sworn before me.
" AMOS OGDEN, Ju".
" August 2d, 1771."
The Board thought proper to postpone the Consideration of this Matter till further intelligence shall be received from Wyoming, respecting the Event of the Skirmish mentioned in the above Depo- sition, and the 'situation of our People in the Block House at that Place.
At a Council held at Philadelphia, on Tuesday the 6th of August, 1771.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, President.
William Logan, Thomas Cadwalader,
Richard Peters, James Tilghman, Esquires.
Benjamin Chew,
Mr. Tilghman laid before the Board two Letters he received this Morning by Express from Easton, which were read, and are as follow, Vizt:
"EASTON, 5th August, 1771. " Sir :
" We have been held under suspense as to the fate of our Party that was sent up with Provisions for the relief of the distressed People in the Block House, until this minute that I received the inclosed Letter, with very agreeable intelligence from John Dick, to which I beg leave to refer you. This Account gives me a very singular satisfaction, as the vague Reports which have been indus- triously propagated have been highly exaggerated against us. The nine of the Party which Dick mentions to be missing are all re- turned safe. Those in the Block House will be soon in want of another Supply, and therefore it will be necessary that effectual Measures be immediately taken for that Purpose. This day was appointed by the Sheriff and Justices to rendezvous all the Men they had engaged for that Service at Heller's, but they being dis- couraged by the repeated bad Tidings from Wyoming, refused to go, and whether, even from this good Prospect of our Affairs, they will again be prevailed upon, is somewhat doubtful.
"I am in great haste, Sir, " Your most Obedient, humble Servant, " LEWIS GORDON.
" JAMES TILGHMAN, Esquire."
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" WYOMING, August 1st, 1771.
" Sir :
" Last Tuesday, about Break of Day, I arrived at this place with 31 Men and the Provisions, and was attacked by the Yankeys, (who had information of our coming by a Letter falling into their Hands, which an Indian was sent with by Captain Ogden), we were sur- rounded by their Fire ; we lost two Loads of Flour, and got in with the remainder, with 22 Men; nine of our Men are missing; whether they retreated or are killed, I can as yet have no informa- tion ; they have kept an almost constant Fire on the Block House ever since from four entrenchments. We have forty-nine Men able to bear arms, besides two that is wounded, forty-eight Women and Children, and are determined to hold out to the last extremity. If the Forces is not sent immediately, we shall be in a bad situation.
" I am Sir, your very humble Servant,
" JNº. DICK.
"P. S. We had Information by an Indian, the other Party has three killed and several wounded.
" To LEWIS GORDON, Esquire."
The Board having considered what further Steps ought to be taken for the removal of the Connecticut and other Intruders from the Lands at Wyoming, agreed that Orders be immediately dis- patched for raising one hundred Men, with the utmost Expedition, to accompany the Sheriff as a Posse to Wyoming, in order to enforce the Riot Act, and to pursue the steps directed by this Board on the sixteenth ultimo. But it appearing that the Money which was then advanced on the Proprietaries' Account by the Receiver General, is nearly one-half expended, by Means of the late Attempt to raise Men and in purchasing a Quantity of Provisions, and re- inforcing the Block-House at Wyoming with Men and Flour, it was conceived that the Remainder would not be sufficient for car- rying this Matter into Execution, and as it was not thought proper to apply to the Receiver General for any more money on this Ac- count, the President acquainted the Board that if they thought the additional Sum of £300 would be sufficient for the Purpose, he would chearfully advance so much himself, and accordingly re- quested Mr. Tilghman would call on him for that sum whenever it should be wanted.
VOL. IX .- 48.
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At a Council held at Philadelphia, on Tuesday the 13th of Au- gust, 1771.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, President.
Joseph Turner, James Tilghman, Esquires.
Benjamin Chew, Andrew Allen,
Mr. Tilghman presented to the Board two Letters he had receiv- ed by Express, from Lewis Gordon, Esquire, of the 8th and 11th In- stant, which were read, and are as follow, Viz* :
"EASTON, the 8th of August, 1771.
" Sir :
"I received your answer to my Express by Spering this Morning, and as it was expected that the Government would adopt the Mea- sures they have, care has been taken to keep the Men in the best Spirits possible, so that by Saturday or Sunday next it is not un- likely but that one hundred effective Men may be ready to march for the relief of the Block House, which with the Number already there is, judged sufficient to disperse the Rioters. I have recommended it to the Cousideration of Captain Ogden, if it be at all practicable, to throw in Succors to the Sufferers, whether it would not be most eligible to do it through means of Job Chillaway, the Indian, and his Friends at Wyaloosing, who, being Neutrals in the Dispute, may perform this Service by water Carriage with great safety, and even without Suspicion ; whereas, our Men must run the greatest Risque ; I observe what you say with respect to the, decoy Letter, but I am afraid old Birds will not be taken by Chaff; they have been served so before, and discovered it too late, therefore they are no doubt on their Guard. However, nothing can be lost by the Experi- ment.
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