USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IX > Part 74
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" The fourth and last case refers to an Act passed in the said Pro- vince in the year 1770, entituled " An Act for the sale of Goods distrained for Rent, and to secure such Goods to the Person dis- training the same, for the better security of Rents, and to prevent Frauds and abuses committed by Tenants. Upon this Act Mr. Jackson observes, that the greater Part thereof is almost necessary in a Country where Lands and Houses are frequently occupied by Tenants, and so much of this Act has therefore long since been made part of the Law of England by Act of Parliament, but that there is besides a Clause in this Act impowering two Justices to deliver Possession of the demised Premises, in case of a Tenant's holding over, that goes beyond any provision in our Law. That there is in this Act a direction for impanelling a Jury to try the fact of Demise ; but as it is possible the Title may sometimes be in Question, (as for Instance where the original Lessor being dead, his Will, or the construction of it, is disputed) he thinks it by no means proper such a question (perhaps a point of Law) should be decided by two Justices, as it must sometimes be as the Act now Stands. That, therefore, he wishes that an Amendment of this Law may be made by a further Act of Assembly, enabling the Tenant to alledge that the Title is disputed, at the same Time naming the Person who be alledges to dispute the Title, and in case such Person shall on Summons enter into Recognizance to prosecute his Claim within a limited Time, the Justices to stay their proceeding ; but in default of such prosecution, or of the Ten- ant's appearing, Judgment to be by default.
" Having thus stated these Observations and Objections in the Cases above enumerated, as reported to us by Mr. Jackson, we shall
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submit it to your Lordship's Consideration, to give such Advice to. His Majesty thereupon as to your Lordship's Wisdom shall seem fit. But before we close this Report, we think it our Duty on this Occasion, to observe to your Lordships that the Proprietaries of Pennsylvania having, in the Laws of that Colony, for some Time past been usually stiled true and absolute Proprietaries of the Pro- vince of Pensilvania, and of the Counties of New Castle, Kent, and Sussex, on Delaware, and it appearing that such stile, so far as it relates to the Counties on Delaware, is highly improper and unwarrantable, this Board in July last, did represent the Impro- priety of this Innovation to the said Proprietaries, requiring it to be discontinued, in consequence of which intimation Henry Wil- mot, Esquire, Agent and Attorney to the said Proprietaries, who has attended us on the Subject of the above Laws, has informed us that the Proprietors did accordingly give Instructions there- upon, and that the Deputy Governor in Answer thereunto, by Letter dated the 6th of March last, writes to the following Effect, viz *:
" 'That the Assembly being then upon the Point of breaking up, The Acts passed that Session must be in the usual Form ; but that at the next Meeting he shall take Care to change it.' The Lords of the Committee, upon Consideration thereof, do agree hum- bly to Report to your Majesty as their Opinion, that with respect to the aforementioned Act No. 6, intituled ' An Act for the sale of Goods distrained for Rent, and to secure such Goods to the Per- son distraining the same, for the better security of Rents, and to prevent Frauds and Abuses committed by Tenants,' it may be advisable for your Majesty to adjudge and declare under your Privy Seal, the said Act to be void; and as to all the rest of the said Acts, that it may be advisable for your Majesty to permit and allow them to continue in Force, according to their own Limitation.',
" His Majesty taking the said Report into Consideration, is plea- sed with the Advice of his Privy Council, to approve thereof; and having adjudged and declared void the aforementioned Act No 6, His Majesty hath thought proper to direct the Lord Privy Seal to prepare and pass under the Privy Seal a proper Instrument, sig- nifying such His Majesty's Adjudication and Declaration of the said Act to be void ; And as to all the rest of the said Acts, His Maj- esty is hereby pleased to permit and allow them to continue in force according to their own Limitation ; And the Proprietaries of Pennsylvania, their Lieutenant or Deputy, Governor, and the As- sembly of the said Province, and likewise all others whom it may concern, are to take Notice and Govern themselves accordingly.
"STEPH. COTTRELL."
The Board having considered of the manner of Publishing His Majesty's Repeal of the two Laws mentioned in the aforesaid In- struments, agreed that the same should be done by a Proclamation,
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which was immediately drawn by the Secretary, and being approved, was ordered to be issued and inserted in the Public News Papers. 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, his Majesty, by an Instrument of writing under the Privy Seal, bearing Date the Eighteenth day of June, 1766, lately transmitted to this Government by one of His Majesty's Principal Secretaries of State, has been pleased to adjudge and declare void An Act of Assembly of this Province, passed in September 1764, entituled "A Supplement to the Act entituled ' An Act for erect- ing a Light-house at the mouth of the Bay of Delaware, at or near Cape Henlopen, for placing and fixing Buoys in the said Bay and River Delaware, and for appointing Commissioners to Receive, col- lect and Recover certain Sums of Money, heretofore Raised by way of Lottery, and to appropriate the same to the Purposes afore- said.'"' And Whereas, his Majesty, by a like Instrument under the Privy Seal, bearing date the fifth day of June last, did also adjudge and declare void one other Act of Assembly of this Pro- vance, passed in February 1770, entituled ' An Act for the Sale of Goods Destrained for Rent, and to secure such Goods to the Per- sons Destraining the Same, for the better Security of Rents, and to prevent frauds and abuses committed by Tenants.' We have therefore thought fit to signify and make known the same to all persons within this Government, in order that they may take notice thereof, and govern themselves accordingly.
"Given in Council, under the Great Seal of the said Province, at Philadelphia, the ninth day of September, 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 Ire- land, King, Defender of the Faith, and so forth.
"JAMES HAMILTON, President.
" By order of the President and Council.
" JOSEPH SHIPPEN, Jun". Secretary. "GOD SAVE THE KING."
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At a Council held at Philadelphia, on Tuesday 17th Septem- ber, 1771.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, President.
Joseph Turner, Thomas Cadwalader,
William Logan,
James Tilghman,
Richard Peters,
Andrew Allen,
Esquires.
Benjamin Chew,
Edward Shippen, Junior,
It having been agreed by the Board at their Meeting on the 19th ultimo, that a true State of the late Ryots and hostile proceedings of Lazarus Stewart and his adherents at Wyoming, should be laid before the Assembly, and that it should be Recommended to them to take effectual aud Speedy Measures for the apprehending and bringing those Ryotters to Justice, Mr. Tilghman produced to the Board a Draught of a Messuage he had prepar'd for that purpose, which being Read, and some alterations made to it, was approved, and the Secretary Directed to Transcribe the same, in order to be delivered to the house as soon as the President should be acquain- ted that a Quorum was met and were ready to proceed on Business. The following depositions of Ashur Clayton and Joseph Morris, were also laid before the Board, and the Secretary ordered to De- liver them to the House with the Messuage. .
Here follows the Deposition of Ashur Clayton, Philadelphia, to wit :
"Ashur Clayton of the City of Philada-, Gentleman, being duly sworn on the Holy Evangels of Almighty God, deposeth and saith, that on the sixth day of July last, being at Wyoming, in the County of Northampton, in this Province, improving his Farm there, he Received Information that a number of armed men, Commanded by Lazarus Stewart and Zebulon Butler, Commonly called Capt. Butler, were approaching that place, in order, as they gave out, to disposess the People who had settled there under the Proprietaries of this Province, and Seize on their lands, upon pretence of Claim from the Collony of Connecticut, and thereupon he and the other Inhabitants, with their familes, making in all eighty-two men, Wo- men, and Children, Retired into a Block house for their Security and protection, taking with them the principal part of their Effects, and this Deponent sent out two men to gain Intelligence ; that about one o'Clock next morning, one of them Returned & Reported that his Companion, James Bertroug, was taken prisoner by a party of Men at Lachnawanack ; and about Eleven O'Clock the same day, Bertroug Returned and Inform'd of his having been made Prisoner the Preceeding night, by a party of Fifty or Sixty men, under the Command of Stewart and Butler, who told him they were come by Authority of the Government of Connecticut to take Possession of that Country, and were determined to do it or
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perish in the Attempt; and that while he was with them they took possession of a house at the mouth of Mill Creek and a Mill on the said Creek, and Bertroug further Inform'd that by perswading them he had no Concern in the lands, he obtained his Liberty, and was Charged with a Messuage from Butler to this Deponent, desi- ring a Conferrence at any place he would appoint ; that this Depo- nent, in consequence of an appointment made, met Butler the next day at about half a Miles distance from the Block house, in the Presence of Ezekiel Pevice, who accompanyed Butler, and Daniel Meade, who went with the Deponent; that Butler told the Depo- nent that all the Lands there belonged to the Colony of Connecti- cut; that they came under the Authority and protection of that Government to take possession of them, and were determined to Obtain and keep possession, at the Risk of their lives; and pointing to about thirty of his party, who were advanced within a small dis- tance, said he wish'd the Right could be determined by their En- gagement with an equal Number; to all which the Deponent an- swered that he should not dispute with him about the Right to the Lands, as it was a matter neither of them could determine, but that the Inhabitants having settled there under the Proprietaries of this Province, he and they would endeavour to maintain their possessions untill they could have Orders from the Governor ; and the Deponent proposed to Butler that he should draw off his party to the Oppo- site side of the River, and that neither party should molest the other untill he should receive orders or advice from the Gov- ernor; but this was Rejected and they parted without agree- ing to any Terms; that from this time he, with the Rest of the Inhabitants in the Block house, kept on their Guard to prevent a Surprize, and laid in what provisions they could, apprehending that Butler and his party would endeavour to put their threats in execu- tion; that on the twenty-seventh day of July, at about twelve o'Clock at night, the Block House was Surrounded by the Con- necticut party, under Stewart and Butler, who from that time Kept the Block house invested, and secured themselves by Intrenchments ; that the same Night they called to the Deponent and told him he had had time enough to go off, and swore if he did not Surrender up the Block house by eight O'Clock the next day, they would blow him and the People with him to hell; that the next day Some of them appeared near the Block house, and endeavoured by various threats and perswasions to Induce the Inhabitants to Desert it; that they Seized on the Horses, Cattle, and Such other Effects of the Inhabitants as they Could get into their Hands; that on the twenty-ninth a Number of them drew nigh to the Block House with their Firearms in their Hands, and the Deponent, suspecting that they Intended to Surprize it, gave them notice that he was de- termined to maintain his Possession, and forbad their approaching nigher; that on the thirtieth, a little after day break, the Depo- nent was alarmed with the firing of Guns, and expecting an attack,
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the Inhabitants prepared to defend themselves, and Fired from the Block House towards the quarter from which they expected it, but it soon appeared to be an engagement between the Connecti- cut party and the party of Men coming with Provisions & Neces- saries to the Relief of the Block House, twenty-two of whom got into the Block House, the Rest being Repell'd ; that a few minutes after the Connecticut party began to fire at the Block House with Ball, which was continued, with little intermission, Night and Day, . until Sunday the tenth of August, the People in the Block House in their Defence returning the Fire; that on the Eleventh, Stewart & Butler sent a man with a Flag to summon the people in the Block House to surrender, which being refused, he withdrew, and soon after they began to Fire at the Block House with small arms and from a Wooden Cannon, which burst at the second discharge; that the fireing Continued on both sides untill the fifteenth, when the People in the Block House, having suffered greatly for want of Pro- visions, which were entirely Consumed, and seeing no prospect of Relief, sent out a man with a Flag to Sewart and Butler, and after several Messages, having obtained the best terms the could, a capi- tulation was Sign'd by Stewart, Butler, and one John Smith, pur- suant to which the Deponent left the Block House, and the Con- necticut party took possession of it; that during the seige, Isaac Dalston was wounded and William Ridgyard Killed, in the Block house, by shot from the Connecticut party, and the Deponent hath heard and believes that several of that party were kill'd and wounded by Shot from the Block house ; and further the Deponent saith not.
" ASHER CLAYTON.
"Sworn the 22d day of August, Anno Domine, 1771, before me,. one of his Majesty's Justices of the Peace for the County of Phil -. ada, and Notary and Tabellion Publick, duly appointed and Sworn for the Province of Penna,
" Quodque manu ac Sigillo Notoriali attestor.
"[L. S]
JAMES BIDDLE, Just & Not'y."
Here follows the Deposition of Joseph Morris :
" Philadelphia County, to wit :
" Joseph Morris, of Morris County, in the Province of East New Jersey, Gentleman, being duly sworn on the Holy Evangels of Almighty God, deposeth and saith, that he, the said Deponent, being possessed of Lands near Wyoming, upon Susquehanna, in Northampton County, in this Province of Pennsylvania, which he held under the Honourable the Proprietaries of this Province, and understanding that a number of People had assembled at Wyoming and were endeavouring forcibly to Dispossess the VOL. IX .- 49.
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People settled there of their Lands, pretending to Claim them by Authority from the Collony of Connecticut, he joined a party of thirty-two Men going with Necessaries and Provisions for the Relief of the Settlers at Wyoming, by Orders from this Gov- ernment, on the twenty-sixth day of July last, and on the thirtieth, about day break, being advanced to within about two hundred yards of a Block House, wherein the Inhabitants had sheltered themselves, and were invested by the Connecticut party, a Man posted as a cen- tinel, presented his firelock and challenged the People with the De- ponent, calling out who goes there; that they answered they were friends, that the centinel bid them stop, & threatened to Fire if they advanced; Upon which, John Dick, one of the Party with the De- ponent, told him they were going peaceably to the Block House, and did not intend to hurt any one, and desired him not to fire, but the Centinal persisted in declaring his Resolution to Fire, and then Dick raising up his Gun, bid him fire, at his peril ; that the centi- nal then stepped a little aside, and a number of Men, about eighteen or twenty, who lay concealed at a small distance to the Right Hand, starting up suddenly, fired upon the Deponent and the party with him, who presently after Received another Fire from the left, and from the Centinal; that finding themselves attacked in this hostile manner, they found in necessary to defend themselves, and being provided with arms, Returned the fire on their Assailants, and Hastening to the Block house under a constant Fire from Several parties of the Connecticut people, twenty-one of them got in, the rest being driven back, with the loss of four Horses, with their load- ing, having had one of their Men, named Gilbert Ogden, danger- ously Wounded by a Shott from the Block house, as this Deponent believes, and two others slightly hurt; that the Deponent and his party continued in the Block House with Ashur Clayton, and the Inhabitants, untill the fifteenth of August Instant, during all which time, except on Sunday the twelfth, the party Surrounding the Fort, who had entrenched themselves, and were commanded by Lazarus Stewart and Zebulon Butler, kept a constant Firing with Ball at the Block House, by which Isaac Dalson was wounded, and William Ridgyards killed, and also fired with Ball from a Wooden Cannon, which Burst at the second discharge; that the Fire was returned by the people in the Block house in their own Defence, but on the said fifteenth of August, being reduced to great straits for want of Provisions, which for many days before had been Dealt out very sparingly, and was by that time wholly consumed, they were obliged to send out a Man with a Flag to treat upon terms, and after several Messages, were constrained to surrender, on the Conditions mentioned in a Capitulation granted to them by Butler, Stewart, and one John Smith, a copy whereof is hereto annexed, which the Deponent believes to be a true and exact Copy, as he him- self Transcribed the Original, and has compar'd this with a copy
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of it made for him by John Dick, who has it in his possession ; and further the Deponent saith not.
"JOS. MORRIS.
" Sworn the 22d day of August, Anno Domini, 1771, before me, one of his Majesty's Justices of the Peace for the County of Phi- ladelphia, and Notary and Tabellion Publick, duly appointed and sworn for the Province of Pennsylvania.
" Quodque manu ac Sigille Notoriali Attestor.
[L. S.]
"JAMES BIDDLE, Just. & Not'
Here follows the Articles of Capitulation referred to in the fore- going Deposition :
"' Articles of Capitulation agreed upon the 15th day of August, 1771, betwixt Colonel Ashur Clayton, Joseph Morris, & John Dick, Commandents of the Block-House, in Behalf of the Honourable the Proprietaries of Pennsylvania, and the Sub- scribers on behalf of the Colony of Connecticut, on Surrender of the Fort to the latter.
Ist. "That twenty-three men shall go out armed, the Remainder Unarmed, and to go from hence to their Respective Habitations, un - molested by the Opposite Party.
2d. "That the Men who have Families is to have liberty to stay on the land two Weeks, & to take off their Effects, which they are to do unmolested.
3d. " The sick and wounded is to have liberty to stay and keep such persons as they think proper for Nurses, and to send for & Doctor.
"The above articles, we, the Subscribers, do bind ourselves by the honor and Faith of Gentlemen, to abide by and perform.
"ZEBULON BUTLER,
"LAZARUS STEWART,
"JOHN SMITH.
"Testis :-
" ALEXANDER PATTERSON.
"' EZEKIEL PIERCE."
Wednesday, the 18th of September.
A Committee of Assembly having waited on the President with a Messuage, to inform that the house were met pursuant to adjourn- ment, and Requesting to know if the President and Council had any business to lay before them, the Secretary carried to the As- sembly the Message agreed on yesterday, with the two Depositions it refers to; and at the same time delivered to the House for their Perusal, by direction of the President and Council, a Letter Ro
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ceived from the Earl of Hillsborough, dated the third of July last, with its Inclosures, Viz' : an Order of the King in Council of the 24th of May last, respecting several laws passed in this Province, and two Instruments under the Privy Seal, repealing two Laws, which papers are entered on the Council minutes of the 9th of this Month.
A Messuage from the President and Council to the Assembly.
" Gentlemen :
" As by the Laws of this Province the administration of the Gov- ernment, upon the Departure of our late Governor, devolved upon as, We cannot, consistant with our duty, omit to lay before you a matter which appears to us of a very serious Nature, and nearly to concern the peace and good order of the Province.
"The making of the present Riot Act, and the unhappy Occa- sion of it, and the Publication of large Rewards for apprehending and bringing to Justice those daring Offenders, Lazarus Stewart and his Accomplices, must be fresh in your memories. These steps, taken by the Government and Legislature, calculated to discourage and Suppress the turbulent Spirit of these Intruders, and others of the same perverse disposition, it was hoped would have had the de- sired Effect. Yet we are sorry to inform you that the very persons for whose apprehension the Rewards were published, have Lately, with a number of adherents, in open Contempt of the powers of Government, again appeared in Arms at Wyoming, and after seizing upon all their Effects, forced our Settlers there (to whom the Pro- prietaries had sold the Lands) to retire into a Block House, which they beseiged in a Regular Hostile manner, keeping up an almost Continual Fire from Intrenchments, for the space of sixteen or seventeen days. At length our people, Reduced to the last Ex- tremity for want of Provisions, were obliged to Surrender upon terms of Capitulation, since which it is Reported that the Intruders have burnt the Block House, and are fortifying themselves at a more Convenient place in the Neighborhood, and that they have Inten- tions of seizing on Fort Augusta and the Provincial Cannon, and other warlike stores there.
" We must inform you, Gentlemen, that upon the first Intima- tion of these last violences, the Government took every step in their power, at a very great expence, to Raise a Sufficient Posse to en- force the Execution of the Riot Act against the Intruders, and to apprehend the Offenders, and that Several of the Magistrates of Northampton County were on their way to Wyoming with a Posse, when they received Intelligence of the Surrender of the Block House ; and upon being well apprized of the Insufficiency of that Force, and that it would require a much greater one to apprehend and bring the Ryotters to Justice, We ordered the Posse to be dis- charged, and determined to lay the Case before you at your present Meeting.
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" Your own Understandings, Gentlemen, will point out to you the fatal Consequences of suffering these lawless people to remain. long in the possessions they have thus obtained, as it were by open War. They will probably soon become more formidable by asso- ciating to themselves Numbers of Profligate people from this and the other Provinces ; of Course they may Extend their possessions by force, as far as they please, take upon themselves, in a little time to give laws to Government itself, and in the end bring on us all the evils which have lately been Experienced by a Neighbouring Col- ony to the Southward.
" When you come, Gentlemen, seriously to Consider these Im- portant Matters, and that the applying a remeddy to the evil, would, at a future time, call for a more Considerable Force, and a much heavier expence than at present, we cannot doubt but you will Readily give us all the Assistance in your power, speedily to sup- press these Disorders, and bring to Condign punishment a set of People who have, in the most daring manner, set the Government and its Laws at Defiance.
" The Secretary will lay before you two depositions which prove the Facts above stated.
"JAMES HAMILTON, president. "September 18th, 1771."
At a Conferrence held in the Council Chamber at Philadelphia, on Tuesday the, 24 of September, 1771, with several Indians of Different Tribes, who came to town on Saturday last from the West Branch of Susquehanna.
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