USA > Pennsylvania > Colonial records of Pennsylvania, Vol. V > Part 11
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"We are, Gentlemen, Your very h'ble Servts., "THOMAS LAWRENCE, "For self & the rest of the Members of Council. "Philada., 13th July, 1747."
Mr. Logan acquainting the rest of the Members of Council that he had been informed of a Design lately projected by some Spanish Prisoners, Negroes, & others to run away with a Ship's Boat in this Harbour, which, if put in Execution, might be attended with dan- gerous Consequences, especially if they shou'd join our Enemies, now supposed to be in the River, and give them Intelligence of our defenceless state, whereby they might be encouraged to come fur- ther up, Mr. Strettell & Mr. Logan were appointed to wait on the Mayor and acquaint him therewith, and to desire he would give the Watch a particular Charge to attend the Wharfs in order to prevent the Execution thereof.
Two Vessels going to England, the Board were unanimously of. Opinion that accounts of the several Publick Matters that had been before the Council since the Departure of Governor Thomas, par- ticularly those relating to Flaggs of Truce & the late bold Act of
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the Spanish Privateer in Plundering Liston's & Hart's Plantations shou'd be transmitted to the Proprietaries.
Order'd, That the Secretary make two fair Copys of the Minutes of Council for the Proprietaries.
Mr. Taylor, Mr. Shoemaker, & Mr. Hopkinson are appointed a Committee to write to the Proprietaries on this occasion.
At a Council held at Philadelphia the 27th July, 1747. PRESENT :
The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence,
Samuel Hasell,
Abraham Taylor,
Robert Strettell,
Benjamin Shoemaker,
Joseph Turner,
Esqrs.
Thomas Hopkinson,
Mr. Taylor laid before the Board the Draught of a Letter to the Proprietaries, to be sign'd by the President & Council pursuant to the last Minute, which was read and approv'd :
"Sirs-
" As the Administration of the Government, upon Collo. Thomas' Departure, devolved upon the Council, the President in his Letter of the 18th Instant, acquainted You therewith ; But as that Letter, for want of Conveyance, has not yet been sent, he takes this oppor- tunity by Captain Mesnard to transmit it to You, and we desire you wou'd please to be referred to it for the first step that was taken.
" As we have not yet received any of your favours, nor have any Instructions to regulate our Conduct by, and as your own Secretary will acquaint You with the State of your other Affairs, relating as well to the Province as the Counties, we beg leave to refer You to his Letter for the particulars, and shall not trespass further upon your time than just to lay before You the procedings of the Council, which will give You a more particular Information than any thing we can say in a Letter upon such Events, tho' at the same time we think it our Duty to acquaint You that the coming of our Enemies up to this very City, under the Sanction of Flaggs of Truce, & the boldness of a French or Spanish Privateer continuing for some time between the Capes, & manning a Pilot Boat & Plundering 2 Plantations 4 Miles above Bombay Hook, added to the defenceless Condition we are in, have encreased many People's uneasiness, and the want of a proper power to pass Laws must in such a critical Conjuncture be look'd upon to be a very great Misfortune, and such a Defect in the Government as stands in need of the most speedy Remedy, which You are sensible is not in our Power to Apply. You may however rest assured no care or endeavours of ours to preserve the Internal
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Peace of the Province shall be wanting, tho' it will require a much abler & more skilful Hand to remove or prevent a Return of the external disorders, and we sincerely wish your Affairs in England wou'd permit you to come over and undertake the cure.
" The Governor at his Arrival will undoubtly give you a par- ticular Account of the State of the Province, and we have the satis- faction to acquaint You that every thing remains pretty near in the same Condition as when he went away. If there be any thing that you think requires the more immediate care or particular attention of the Council, we desire you wou'd be pleased to signifie your plea- sure therein. You may be assured of our real and sincere incli- nations to discharge the Trust reposed in us to Your & the Country's Satisfaction, and that we are with the most unfeigned Esteem and Regard,
" Honour'd Sirs, " Your most obedient humb. Servts.,
" ANTHONY PALMER, "THOMAS LAWRENCE, " SAMUEL HASELL,
"ABRAHAM TAYLOR,
"ROBERT STRETTELL,
"THOMAS HOPKINSON.
" Philada., 29th July, 1747."
Order'd, That the Secretary prepare fair Copies of such Depo- sitions as shall come to his hands relating to the Conduct of the Spanish or French Privateers, that in case they come time enough they may be sent to the Proprietaries with the Minutes of Council .*
The President laid before the Board a Letter from John Reading, Esqr., President of the Province of New Jersey, requesting that he would be pleased to cause to be delivered to the Bearer the Under Sheriff of Middlesex County, in East Jersey, a certain Henry Bos- worth (Apprehended in this Province by the Sheriff of Bucks County, by virtue of a Writ that issued out of the Supreme Court at the instance of the Chief Justice of New Jersey, there being a charge exhibited against him there for counterfeiting Peices of Eight), in order that he may be convicted in that Province where the Wit- nesses live & where the fact was committed, & on considering the same the President is desir'd to inform himself of Mr. Kinsey, in what manner Mr. Reading's Request may be best complied with, & to take this opportunity of informing Mr. Reading of what has been done in this Province & at Lewes with respect to Pilots, & desiring the Pilots of that Government may be laid under the same or as effectual Restrictions.
* See Minute of the 25th Sept., 1747.
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PROVINCIAL COUNCIL.
At a Council held at Philadelphia the 10th August, 1747.
PRESENT :
The Honoble. ANTHONY PALMER, Esqr., President.
Abrah™. Taylor, Benjamin Shoemaker,
Robert Strettell, Thomas Hopkinson, Esqrs.
Mr. Taylor & Mr. Hopkinson are appointed a Committee to draw up a Speech to be made by the Council to the Assembly at their Meeting.
At a Council held at Philadelphia, 17th August, 1747.
PRESENT :
The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell,
Abraham Taylor,
Robert Strettell,
Benjamin Shoemaker,
Joseph Turner,
Esqrs.
Thomas Hopkinson,
The Minutes of the two preceeding Councils were read & ap- prov'd.
Mr. Taylor & Mr. Hopkinson having, in pursuance of the last Minute of Council, prepar'd the Draught of a Speech to be made by the Council to the Assembly, the same was taken into Consideration, & being read Paragraph by Paragraph, it was Settled, & unani- mously agreed to, & the Secretary was order'd to transcribe it fair.
David Cochran and John Glenn on behalf of themselves & sundry others, having on the 26th June last presented a Petition, wherein they complain of Job Ruston, Esq"., one of the Justices of Peace for Chester County, which was ordered to be heard on this Day, the Council wou'd have proceeded to the Examination thereof, but being informed that some of the Petitioners were absent, the Council adjourned to 4 o'Clock in the afternoon, at which time all Persons concern'd were to have notice to be present.
-
P. M.
PRESENT :
The Honoble. ANTHONY PALMER, Esqr., Presid', Thomas Lawrence, Robert Strettell, 1 Benjamin Shoemaker, Thomas Hopkins,
Joseph Turner, Esqrs.
The Petitioners & Mr. Ruston attending, they were called in, David Cochran presenting to the Board a Paper containing several Charges against Justice Ruston, the Council proceeded to the Exam-
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ination thercof, but Night coming on before the whole cou'd be heard, they adjourned to 10 o'Clock next Day.
At a Council held at Philada., 18th August, 1747.
PRESENT :
The Honobl. ANTHONY PALMER, Esq., President.
Thomas Lawrence, Samuel Hasell, r
Abraham Taylor, Robert Strettell,
Esqrs.
Joseph Turner,
Thomas Hopkinson, .
The Secretary having prepar'd a fair Copy of the Draught of the Speech to be spoke by the President to the Assembly, the same was read, & Mr. Strettell & Mr. Hopkinson were appointed to carry the following Message to the Assembly, Viz .: That the Presi- dent & Council being met, desir'd the Attendance of the Speaker & the whole House immediately in the Council Chamber. These Gentlemen being return'd, report they delivered the said Message, & were told by the Speaker that the House wou'd take into Consid- eration & forthwith give their Answer, & that in a very short time they received for Answer that the House wou'd immediately wait on the President & Council as was desir'd; and accordingly the Speaker, with the whole House, attending, the following Speech was spoke, viz“. :
" Mr. Speaker & Gentlemen of the Assembly :
" As upon our late Governor's Departure for England for the Recovery of his Health, the Administration of the Government (by an Act pass'd in the 10th Year of Queen Ann, entitled ' an Act for the further securing the Administration of the Government'), de- volved upon the Council, We have pursuant thereto taken upon Us the Execution of that Trust.
" As this important Charge hath fallen to our Lott in a very tempestuous Season, we are sensible of the Trouble & Difficulties that must attend the Execution of it, and heartily wish some one Person of known Integrity and Abilities had the Administration ; but as that (how desirable soever) cannot be immediately accom- plished, we shall endeavour to supply the want of it by a just and impartial discharge of our Duty according to the best of our Judg- ments; and when it is considered how closely our several Interests are connected with those of the Publick, the Obligations we are under by the Ties of our Families, Friends & Neighbours, We think none can doubt of our Zeal and sincere Intentions for the welfare of this Province.
"We have Published our Proclamation for the continuing all Magistrates & Officers in their respective Offices, requiring them to .
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proceed in the exercise of their respective Trusts to prevent any failure or defect that might otherwise arise from this Change in the Government.
"Just before the Governor's Departure he received from the Council office a Repeal of an Act of Assembly passed in the 16th Year of his present Majesty, entitled 'An Act imposing a Duty on Persons convicted of heinious Crimes, &c.,' which we have ordered to be laid before You.
"We have received a Letter from Governor Shirley informing Us 'That divers Parties of Indians were then out, & others daily offering their Service to the English, which is a matter of great & universal Concern to the welfare of all his Majesty's Colonies upon this Continent; and that if this spirit which seem'd thoroughly raised, and had been to that time kept up, was cherished and pro- perly managed and directed, it might by the blessing of God prove of unspeakable Benefit for the safety of His Majesty's Colonies in North America.' We also receiv'd another Letter from him wherein (after representing the Danger which all these Colonies are in of being destroyed by the French and the Indians under their influ- ence, without a firm Union between ourselves for our mutual De- fence), he acquaints Us 'That he had appointed Commissioners to meet in a Congress to be held at New York on the Second of Sep- tember next with such Commissioners as should be appointed by all his Majestie's Governments from New Hampshire to Virginia inclu- sive, there to treat and agree upon Measures for encouraging the Indians of the Six Nations vigorously to prosecute their Incursions on the Enemy, and pressing Us to make Provision for them till the Congress can be held.' Thereupon we dispatched Conrad Weiser, the Provincial Interpreter, to Shamokin to sound the Indians, and get the best Information he cou'd of their Sentiments, which he ac- cordingly did, and sent us a Report of his proceedings with his opin- ion; which with Governor Shirley's Letters we have ordered to be laid before you as well deserving your most Serious Consideration, since they contain matters of very great Importance to the safety of this as well as the rest of his Majestie's Colonies on the Continent. Gov". Shirley presses earnestly for an Answer, but as we could not take upon Us to enter into any Engagement on behalf of this Gov- ernment without your concurrence and Assurance of enabling us to perform them, we deferr'd it till this Meeting of your House, and desire your Resolutions, that we may acquaint him therewith, and how far he may depend on the Assistance of this Government in concerting & executing such Enterprizes and Plans of Operation as the common Interest may require.
" The Indians seated on Lake Erie & on the Inomoy Creek, that runs into that Lake, being part of or in alliance with the Six Na- tions, said by the Indian Traders to be numerous and People of consequence, have sent Messages to this Government, which will VOL. V .- 7.
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be delivered for your perusal. As they are desirous to be taken into Friendship, and it may be of great Service to encourage such Applications, you will enable us to make them proper Presents.
"You will find by Mr. Weiser's Report that some complaints have been made by the Indians of several Injuries done them by White People, which deserve your particular Notice, and, if true, require that some reparation should be immediately made.
" Some Indians are expected to arrive in Philadelphia during your Recess, which will occasion some Expence in their Maintenance and in Presents. You will, therefore, give Orders to the Treasurer to pay all such Sums of Money as shall be by you deemed necessary for those purposes, as well as to defray the Expences the Provincial Interpreter has been at in his Negotiations with them ; and that a suitable Reward be allowed him for his Trouble & Service. He attends in Town by order of the Council to the end you may be more particularly informed from him of the present Situation of the Indians & their Affairs.
" The Council apprehending some Inconveniences from our Ene- mies coming into the Port of Philadelphia under the Sanction of Flags of Truce, as they hereby have an opportunity of making themselves better acquainted with the Bay and River of Delaware, have published a Proclamation prohibiting all Pilots from bringing up any such Vessells within the Limits of this Government without Leave first obtained for that purpose, and have like wise recom- mended to the Government of the Lower Counties the laying their Pilots under proper Restrictions, which was accordingly done. We have also wrote to the Government of New Jersey to the same pur- pose.
" A notorious insult hath lately been committed in New Castle County by an inconsiderable party of French & Spaniards in con- junction with some Englishmen, Traytors to their King and Coun- try, and who we are informed have dwelt in this City and are too well acquainted with the Condition of it. After having had the Boldness to come up the whole length of the Bay and part of the River even within about 18 Miles of the Town of New Castle, they there plunder'd two Plantations, the Owner of one of them they bound and abused and dangerously wounded his Wife with a Mus- ket Ball, carrying off their Negroes and Effects to a considerable value. On their Return they met with a valuable Ship in the Bay, bound to this Port from Antigua, which they likewise took and car- ried off. The Circumstance of this Affair you will be more particu- larly inform'd of from the Depositions and Papers we have or- dered to be laid before You.
"This Instance of the Boldness of our Enemies, increased by the Success they met with, together with some Expressions which fell from them importing a thorough Knowledge of our defenceless State, and a Design of shortly paying this City a visit, must afford
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but a melancholy prospect to peeople in our Circumstances, and de- mand a very particular attention. The Length and Difficulty of our Bay & River seem now no longer to be depended on for our Se- curity since our Enemies in all probability are but too well ac- quainted with both. The Terror and Confusion, the Ruin of vast numbers of Families, the Destruction of Trade, the Bloodshed, Cruelty, & other fatal Consequences which must unavoidably attend the plundering or burning this City, are too obvious to need a Dis- cription. Is it not then absolutely necessary for the security of this so valuable a part of His Majesty's Dominions, & the preservation of the Lives and propertys of the Inhabitants, that some Method should be fall'n upon to prevent the Evils which threaten Us, and to which we lie exposed. We assure you on our parts we shall be always ready to concurr with you in every measure that may tend to the Safety, Peace, and Happiness of the People of Pennsylvania, and as a perfect Harmony among the several parts of the Govern- ment must greatly contribute to these Ends, You may depend on our sincere Endeavours to cultivate and promote it to the utmost of our Power."
The Secretary having delivered a Copy of the above Speech to the Speaker, the House immediately withdrew.
The Council resum'd the Examination of the Complaints against Justice Ruston, which were left unfinished last Night, and after hearing the whole Charge & all that was offered in support thereof, the Board was of opinion that the several Charges exhibited by the Complainants against Mr. Ruston were frivolous & malicious, none of them amounting to a breach of his Duty in the execution of his Office as a Magistrate, and therefore the Petition is dismiss'd.
A Petition of George Gray, Keeper of the Lower Ferry over Schuylkill on the Road from the City of Philadelphia to Chester, & of others using the said Road, was presented to the Board, shewing That the said Road leading from the South Street of the said City over the said Ferry to Cobb's Creek Bridge near Darby, in the County of Chester, had, time out of mind, been the only old & accustom'd Road to Darby, Chester, New Castle, and the Lower Counties. That the Inhabitants of the Township thro' which the same Road passes, not doubting its being a Recorded Road had hitherto duly prepared & amended the same, but being apprized that it either has not been regularly recorded, or that the Record thereof cannot be found, so that they are not oblig'd to repair the same or contribute thereto, the said Road is at present much out of repair and growing worse, will in the Winter become impassable or danger- ous to travel with horses or Chaises or other Carriages, unless repair'd immediately; And therefore pray that the Council wou'd be pleased: to grant an order for the Survey & Recording of the said Road, or give such other Order or Warrant concerning the same as the na- ture of the case may require.
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And likewise another Petition relating to the said Road was pre- sented to the Board, sign'd by the Commiss" and sundry Inhabi- tants of the County of Chester, shewing that Whereas it appears after strict search made that there are divers parts of the King's Road leading from Cobb's Creek Bridge over Chester Bridge to the Line of New Castle County, not to be found upon Record or any return thereof made, therefore as well for the Benefit of the Pub- lick as the satisfaction of private Persons, likewise for the erecting of Bridges and repairing the said High Way, the Petitioners hum- bly crave the Council will be pleas'd to take the same into Consid- eration, and appoint proper Persons to lay out such Parts of the said Road as are deficient.
As the Road mention'd in the Petitions is an antient Road, in use before the Grant of the Province, the Board thinks there must have been some Orders of Council made about it, & therefore post- pone the Consideration thereof till the Council Books be well search'd by the Secretary, & it be known what Orders have been formerly given.
At a Council held at Philadelphia, 20th August, 1747. PRESENT :
The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Abraham Taylor,
Robert Strettell, Joseph Turner, Esqrs.
Thomas Hopkinson,
Captain Ricks, Commander of the Ship Vernon from Rotterdam, but last from Leith, in Scotland, & Mr. Stedman, waiting without were called in, & inform'd the Board that the said Ship Vernon, having on board a great number of Foreigners from Switzerland & the Palatinate, came to an Anchor last Night below Wicaco, & pray'd an order might be given to two Doctors immediately to examine their State of Health, and that they might have leave to come up to the City & land their Passengers.
An Order was immediately sent to Doctor Thomas Greme and Doctor Thomas Bond, & in case they shou'd Report that there was no Sickness among the Crew or Passengers; the Captain had leave to proceed to the City & to land his People.
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PROVINCIAL COUNCIL.
At a Council held at Philadelphia the 25th August, 1747.
PRESENT :
The Honoble. ANTHONY PALMER, Esq., President.
Thomas Lawrence,
Samuel Hasell,
Abraham Taylor,
Robert Strettell,
Benjamin Shoemaker,
Joseph Turner,
Esqrs.
Thomas Hopkinson,
The Minutes of the two preceeding Councils were read and ap- prov'd.
Two Members of Assembly deliver'd the following Message from the House :
To the President & Council from the Assembly.
" May it please the President & Council :
" As by the Act of Assembly pass'd in the 10th Year of the Reign of the late Queen Ann, to which You are pleased to refer us, the Powers of Legislation necessary in every Government are ta- ken from us during the Absence of our Governor, we agree with You in Opinion, "it were to be wished that some one Person of known Integrity & Abilities had the Administration," but since this, as You well observe, how desirable soever is not immediately to be expected, the Declarations you are pleased to make of your Zeal & sincere Intentions for the welfare of the Province, and of executing the Trust devolved on You in a just and impartial man- ner, are very acceptable to us.
"The Proclamation you have been pleased to issue for the con- tinuance of all Magistrates & Officers within this Government, and your requiring them to proceed in the exercise of their respective Trusts as it hath been usual on like occasions, and may have pre- vented Doubts that otherwise would have arisen, was, we think, a prudent Step, whether in strictness of Law such a Proclamation was absolutely necessary or not.
" By the Order of the King in Council which was directed to be laid before us, we observe the Act for imposing a Duty on Persons convicted of heinous Crimes, &c., last passed, is repealed ; & by a Letter from our honourable Proprietor Thomas Penn, Esqr-, we are informed the Report from the Lords of Trade & Plantations to the King in Council advised the Repeal of all the former Acts past on like occasions, but this, on the kind Interposition of our Proprie- tors, is for the present forborn, and the last Act only repealed, by which means the former stands revived. But since Exceptions have also been taken against this Act as not consistent with some late Acts of Parliament, it will, we think, be necessary on the Ar- rival of our Governor to revise & amend it so as to make it more conformable to the Sentiments of our Superiors.
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" The Accounts sent by Governor Shirley, on the Report of the Persons he employed with the Indians of the Six United Nations, we observe differ much from those given by our Indian Interpreter, from which last, and as we take it most authentick Account, it appears these Indians have not hitherto joined in a Declaration of War against the French. And as there is reason to believe the Expedition against Canada is now laid aside, and that the Forces raised to that end will be disbanded, it is not to be expected the Indians of the Six Nations will involve themselves further in the War; & therefore, had we no other reasons to induce Us, we are of opinion the Congress proposed in September next at New York can be of little avail. It is, nevertheless, our Sentiments, conformable to the Practice of this Government since its first Establishment, that great Care should at all times be taken to preserve the Friendship & good Correspondence which at present subsists between us and the Indians, that the Injuries of which they complain should be en- quired into & speedily redress'd ; And as it is highly probable they are at this time in necessitous Circumstances, we think a Present ought to be made them, and shall, therefore, before our rising make the Provision necessary to this End, as we shall likewise do for Payment of the Interpreter & maintenance of the Indians expected here during our Recess. We are further of Opinion, that if on Enquiry the Persons against whom the Indians complain appear to be guilty of the Crimes laid to their Charges, they ought to be pro- secuted & punished as the Law in such Cases directs, besides being oblig'd to make the Indians Restitution if they are able, & if not able, that Compensation should be made them out of the Money we intend to provide for Presents. The Plundering of the two Families in New Castle County is indeed an Instance of the Bold- ness of our Enemies, but we think it will be difficult, if not im- possible, to prevent such Accidents"; the Length of the Bay and River, & the scatteringness of the Settlements below, must ever, while thus Circumstanc'd, render them liable to Depredations. It is equally difficult to guard against the wiles of an Enemy. The Ship which You inform us was taken near the Entrance of our Bay, we observe from the Papers laid before us was a Vessel of Force, her Captain and Men willing and probably able to have defended her & to have taken their Enemy. But the Captain, deceived by the appearance of a Pilot and Pilot Boat known to him, and which he wanted to conduct him up the Bay, suffer'd the Boat to come along side of his Vessel, and thereby gave an opportunity to a number of Armed Men which lay hid to jump on board, & by this Stratagem to prevail against superior Force. This render'd the Steps you have been pleas'd to take in respect to Pilots both prudent and necessary; but what further can be done to prevent the like for the future we do not see. If any thing be necessary your Sentiments in this Affair will, we think, be as properly laid before the Assembly of the three Lower Counties in which Gov- ernment these Accidents happen'd as before us.
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