USA > Pennsylvania > Colonial records of Pennsylvania, Vol. V > Part 24
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" We have long under Consideration the mischevious Practice of carrying Rum among the Indians, & have issued a Proclamation, drawn in as strong Terms as the nature of the Case would admit, to prevent it; but as the Laws provided in those Cases are very de- fective, we cannot expect the abuses & Iregularities committed by those who pass under the Name of Indian Traders will be prevented until those Laws be amended. We, therefore, earnestly recommend it to Your House to take the State of the Indian Trade into Con- sideration, and to prepare a Bill for limiting the number of Indian Traders, and the putting them under proper Regulations, so that it may be passed into a Law on the Governor's arrival.
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PROVINCIAL COUNCIL.
" Great Inconveniences having arisen by the Imprudence of Pilots going on board Vessels at the Capes before they knew whether they were Friends or Enemies; proper care has been taken to prevent those of this Government & the Lower Counties from entering on board any Ships or Vessels without Lycence from the Majistrates, and this Board was in hopes the Government of the Jerseys would have Laid their Pilots under the like Restrictions; but since that has not been done, we have caused a Proclamation to issue prohibiting Pilots from going on board any inward Bound Vessel until the Com- mander or some of the Mariners have first come on Shore, & it be known whether such Vessel belong to British Subjects.
" This Province, which very lately was in a defenceless State is now, thro' the zeal & activity of some who have the Love of their Country sincerely at heart, render'd capable, with the blessing of God, of defending itselfe against the Designs of our Enemies, many Thousands of the Inhabitants having voluntarily enter'd into the most Solemn Engagements for that purpose, in consequence whereof Arms have been provided, & every one appears assidious in quali- fying himself for the defence of his Country. We see with the greatest Satisfaction such Order & Regularity observ'd among them, and such a progress made in so Short a time in Military Skill as far exceeds our expectations. They have, likewise, at a considerable expence erected Batterys on the River, so situated & of such strength & weight of Metal as to render it very dangerous for an Enemy to attempt the bringing any Ships before the City. Designs so commendable, & at the same time so necessary, could not fail of the approbation & Encouragement of this Board. We have, therefore, granted Commissions to such General & other Offi- cers as have from time to time been presented to us for that pur- pose by the Associaters. Since these Measures tend so manifestly, under God, to the Security of this Province, the preservation of its Metropolis, & the protection of the Aged & Helpless from the Calamities which would attend an Invasion, We think they justly deserve the Encouragement & Assistance of Your House.
" In December last the Common Council & Merchants of this City taking into Consideration the many losses that had been sus- tain'd & the melancholy State to which our Trade was lik'd to be reduc'd, have in seperate Petitions address'd the Lords of the Ad- miralty for a Man of War, at the same time desiring the Proprie- taries to give them their utmost assistance ; to which we have not only added Representations & Addresses from this Board, but have likewise applied to almost all the Governors & Commanders in America from whom there was any probability of being furnished with Cannon or Ships of War. We are glad to say these Applica- tions have not been altogether unsuccessful. Gratitude calls upon Us to acknowledge We are under to the Government of New York for a supply of Battering Cannon, and to our worthy Proprietaries,
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from whose Interest & earnest Sollicitations at the Admiralty Board We have good reason to expect that a Man-of-War is order'd for the Security of our Trade; hereby the sinking Spirits of the Mer- chants & Tradesmen will be revived, the produce of our Country be exported at less Risque & the price of it thereby kept up, to the Encouragement of the Farmers.
"The French & Spanish Prisoners now in town will require some Provision to be made for them during their stay here, which We shall endeavour to make as short as possible.
" ANTHONY PALMER. " May 17th, 1748."
A Message from the Assembly by two of their Members, that the House met last Night according to adjournment, & desir'd to know if the Council bad any Business to lay before them. The President said there were divers Matters under the Consideration of the Council, which wou'd be communicated to them by a Mess- age in the Afternoon.
The Secretary was order'd to lay Mr. Weiser's Letter, relating to the Complaint of the Indian , before the House, and to recommend it to them to make him Satisfaction.
One of the Members saying that the Richa, Captain Burke, would sail to-Day for London, the Board thought there wou'd not be sufficient time to draw up a proper State of the Business done by them to be sent to the Proprietaries by this Conveyance for this reason, & as it was not known what the Assembly wou'd do in the several matters before them, it was agreed not to write by this Conveyance, but to direct the Secretary to make their Complement & to acknowledge the Receipt of their favours to them, which would be fully answer'd as soon as the Assembly shou'd come to Deter- mine as to the present Business laid before them.
A Letter from Governor Trelawny was read, desiring the Coun- tenance of this Board for Lieut. Wiseheart, sent to recruit in North America for the Jamaica Regiment ; whereupon Leave was given him to beat up for Voluntiers in any part of this Province.
At a Council held at Philadelphia, the 20th May, 1748.
PRESENT :
The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell,
William Till, Abraham Taylor, Esqrs.
Robert Strettell, Joseph Turner,
Thomas Hopkinson, William Logan,
The Minutes of the preceding Council were read & approv'd.
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PROVINCIAL COUNCIL.
An Express arriving from New Castle with a Letter from Mr. Ross, inclosing a Deposition made by Pyramus Green, who had been taken off the Capes of Delaware by a French Privateer, the late Clinton Privateer of New York, the Council was call'd & the Depo- sition read in these words:
" New Castle County, ss.
"Pyramus Green of the City of Philadelphia, Mariner, being Sworn on the holy Evangelists of Almighty God, Deposeth & saith that on Saturday morning last, the fourteenth Day of this Instant, April, this Deponent left Cape Henlopen in a small Schooner called the Phenix, bound to Bermudas, laden with Bread & Indian Corn; that on Sunday morning after this Deponent was chas'd by a Sloop about thirty leagues South-East of Cape Henlopen, and about eleven of the clock in the same morning was taken by the Sloop, which prov'd to be a French Privateer (late the Privateer Sloop Clinton of New York), mounting fourteen Carriage & sixteen Swivel Guns, with One hundred & seventy-five Men on board; that after being so taken the Captain of the said Sloop order'd ten of his Men on board the said Schooner Phenix, & divers Muskets or fire Arms, with Blunderbusses & Amunition, were put on board the said Schooner, & four Persons belonging to the said Schooner were taken on board the Privateer, & all Bread on board the Schooner was also taken on board the Privateer & the Indian Corn thrown over Board, this Deponent being left on board the Schooner; that after the Schooner was thus mann'd & Arm'd with French Men as aforesaid, the Commander of the said Privateer gave orders to them to proceed with all dispatch to the Capes of Delaware; that about four a'Clock in the afternoon on Monday last they made the Cape of Delaware, & observ'd a Brigantine & Sloop standing in under Sail; the Brigantine went into the Road & came to an Anchor, the Sloop proceeded up the Bay; That the said Schooner stood into the Road after the Brigantine, & about nine a'Clock at Night came to an Anchor a small distance above the Brigantine; about 12 a'Clock they weighed & boarded the said Brigantine, all of them except one French Man, who now is Prisoner with this Deponent; that upon their boarding the Brigantine as aforesaid, they neglected to make fast the said Schooner to the said Brigantine, whereupon she the said Schooner floated off, which this Deponent observing, he this Deponent re-possessed himself of his said Schooner, hoisted his Sails & procceded over to Cape May & there hired one Man & got a Passenger to come with this Deponent to Philadelphia; that this Deponent met with one English Prisoner on board the Privateer, who inform'd this Deponent there were two other Privateers, Consorts with the Sloop aforesaid, to wit, one Brigantine & one Sloop; and this Deponent verily believes by this time the Pri- vateer that took this Deponent is at the Capes of Delaware in
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Quest of & Search after this Deponent's Schooner, & further saith not.
"PYRAMUS GREEN.
"Sworn at New Castle the 18th May, 1748, before
"JNO. FINNEY, DAVID BUSH, JAMES ARMITAGE, WM. PAT- TERSON."
The Board was unanimously of opinion this Deposition should be immediately laid before the Assembly, & as from many advices that might be depended on there was reason to expect more of the Ene- mie's Privateers, they agreed to send a pressing Message to the House along with the Deposition, & the following one being drawn & agreed to, the same was transcrib'd & sent to the Assembly by the Secretary.
A Message from the President & Council to the Assembly. " Gentlemen :
"We have just receiv'd advice from New Castle that there is a French Privateer upon our Coast, mounting fourteen Carriage & sixteen Swivel Guns and 175 Mon on board, with two other Pri- vateers in Consort ; and by the Deposition which the Secretary will lay before You, it appears that on Sunday morning last they had taken a Schooner bound from this Port to Bermuda, on board of which they had put part of their Men with Arms, and Orders to proceed to the Capes of Delaware where the Schooner arrived, and on Monday Evening took in our Bay a Brigantine with a very valua- ble Cargo on board, bound to this Port. One of these privateers is the same that came into our Bay last Summer and there took several inward & outward bound Ships of very great value. The apprehensions of this Board that the Success our Enemies then met with without opposition wou'd be an Encouragement to further At- tempts, appears by the present Event to be well founded; & if some speedy & effectual Measures for putting a Stop to these Depreda- tions are not soon taken, there will be just reason to fear worse Consequences. Private Subscriptions, if they cou'd be procur'd, wou'd be insufficient for the preservation of the Trade of this Pro- vince, & are an unreasonable as well as a grevious Burthen on a few in a case where all are concern'd. It is from your House only that the Merchants & Traders expect Protection, and if that be now refus'd or proper Measures neglected to disperse the Enemy, our Port must continue block'd up, our inward bound Vessels inevitably lost, & a total stagnation of Trade must follow, which will certainly bring Poverty & Ruin upon many of our Inhabitants. We there- fore most earnestly recommend it to You as you have the sole dis- posal of the Publick Money, that you would employ some part of it for the Service of the Publick in the Protection of their Trade.
" ANTHONY PALMER.
· "May 19th, 1748."
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PROVINCIAL COUNCIL.
At a Council held at Philada. the 21st May, 1748.
PRESENT :
The Honourable ANTHONY PALMER, Esqr., President.
Thomas Lawrence,
William Till,
Abraham Taylor,
Robert Strettell,
Benjamin Shoemaker,
Joseph Turner,
Esqrs.
Thomas Hopkinson,
William Logan,
1
The Minutes of the preceding Council were read & approv'd.
Mr. Burge, owner of two Bermudian Sloops bound for Jamaica, made a proposal to the Council that he wou'd carry all the French Prisoners to Leoganne if the Government would lay in their Pro- visions.
Mr. Taylor & Mr. Turner are appointed a Committee to treat with him about it.
A Message from the Assembly by two of their Members, in these words :
" May it please the President & Council :
" By our Message to which you are pleas'd to refer in Yours of the 17th Instant, We express'd our approbation as well of the Pre- sent then made to the Indians as of the Engagement You had enter'd into at the Treaty of sending our Interpreter with a larger Supply in the Spring, And to enable You to discharge these En- gagements we caused our Order to be drawn at our last Sitting on the Treasurer for the Payment of Five hundred Pounds, which with what was remaining of the Money formerly given for the like purposes we thought, and yet think, might be sufficient for our part of the Present to be made to the Indians at this time, espe- cially since, as You very justly observe, 'the burthen ought not to be borne by this Goverment only.' From the Letters You are pleas'd to direct to be laid before us we further observe that the Governors of Virginia & Maryland shew a willingness to promote the giving of additional Presents on behalf of their Governments, and if our Proprietaries, whose Interests are very nearly concerned and will be much augmented by cultivating a good understanding with those Indians on our Borders, would be pleased, as formerly they have done, to join their Presents with ours (which We are humbly of opinion they ought to do), the whole would make a very handsome Present, and all that we think is necessary without any further Provision than what is already made. However, as we know the time is critical, we are willing to do all we judge reasonable on this occasion, and shall therefore make the necessary Provision to pay for the Goods, which by the Accounts exhibited to Us appear to be already purchased, together with the usual Charges allowed for transporting them.
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" We agree in Sentiments with You that the Practice of Selling Rum among the Indians is mischevious, and therefore think it was prudently done to issue the Proclamation you are pleas'd to mention, to prevent as much as might be the like ill Practices for the future. This mischeif we conceive is occasion'd rather by the difficulty of putting the Laws already made in Execution, than any Defects in those Laws; however, we shall at a proper time resume the Con- sideration of these Laws, & shall chearfully consent to any amend- ments which shall appear to us reasonable or necessary.
"The Care you have been pleas'd to take for preventing the Incon- veniences which may arise by the Imprudence of Pilots, was well . judg'd. On the arrival of our Governor we think it will be neces- sary to provide Acts of Assembly, both here & in the three Lower Counties, for this purpose, And the Example we doubt not will be follow'd by the Government of New Jersey ; the not having any Laws respecting Pilots amongst us being, as we are inform'd, the only reason which prevented an Act for like purposes from passing among them.
" As to that part of your Message which respects the Association lately enter'd into and the preperations made for the defence of the Province, it is difficult for Us to express our Sentiments; the most of Us as well as many others within this Province, you know have professed ourselves principled against the bearing of Arms ; and yet as we enjoy the liberties of our own Consciences, we think it becomes us to leave others in the free exercise of their's. The Assistance you have thought fit to give the Associators we make no doubt arose from a sense of what You believ'd Your Duty. And the Zeal & activity many of them have shewn on the occasion, we suppose may have arisen from the Love they bear to their Country. And as We are willing to make Charitable construc- tions on their Conduct, we hope the like Charitable Sentiments will prevail with them concerning Us & others like Principled, when we have repeatedly declared we cannot in Conscience join with any preparation of this kind.
" As We have the honor of representing the whole Province, in which we know there are numbers of People whose Judgment in the point we have mentioned do not exactly correspond with ours, we think it no inconsistency, notwithstanding anything we have said, to add that we acknowledge with Gratitude the Regard the Lords of the Admiralty are pleas'd to shew for protecting the Trade of the Province, and also the kindness shewn by our Proprietaries in soliciting for it. Nor have we less grateful Sentiments of the kind- ness of our Neighbouring government of New York, as we believe their Intentions were good, and it may have quieted the minds of divers of our Inhabitants, tho' it is a favour we could not have asked, and intended for such a mode of defence in which we do not place our Confidence.
.
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PROVINCIAL COUNCIL.
"The French & Spanish Prisoners you are pleas'd to mention are, as we are informed, imported by a Vessel not belonging to this Port; & it is not clear to us that Owners of Ships belonging to any other Port have a right to bring Prisoners hither to become a Charge upon Us, and if allowed in this Instance may encourage multitudes of others. However, whilst they are amongst us we think they ought to be provided for & treated with Humanity, whether at the Expence of the Province in the whole, or in any & what part may hereafter be considered. In either Case we approve of Your Resolutions to make their stay amongst us as short as possible; And we hope You will think it reasonable that the Prisoners may in the mean time be confined, at least by Night, to prevent their doing any Injuries to the Inhabitants of this City.
" We have likewise consider'd the Complaint You were pleas'd to recommend to Us made by an Indian, of the Theft committed on him in taking Horses & Peltry from him, and we have made such Enquiry as hitherto hath been in our Power. But having heard only one side it is not fit we shou'd come to any determinate Reso- lutions therein. We are, however, sensible of the Dangers which may arise from Complaints of this kind where due Care is not taken, & therefore as a Court of Oyer & Terminer is, as we are inform'd, likely to be held in Lancaster in a little time, we entreat the Presi- dent & Council it may be recommended to the Care of the Judges of that Court to make the necessary Enquiry, & if they find Cause, to direct a Prosecution against the offender, & that if he shall be duly convicted; to take care that he suffer as the Law directs, and be oblig'd to make Restitution to the Party aggrieved.
"In the mean time we have thought it necessary to make the Indian a Present, because as they have little knowledge of our Laws & the time requisite for Convicting offenders, he might other- wise think the Delay an Intention of depriving him of his Right, & be thereby excited to disturb the Peace of the Government, if not to do some greater Inguiry.
"Sign'd by Order of the House. "JOHN KINSEY, Speaker.
"3 Mon., 21st, 1748."
As soon as this was read, a second Message was deliver'd by two Members who inform'd the Board that the House propos'd to ad- journ to the 22d August, if the Council had nothing further to be laid before them. They were told that the Council wou'd imme- diately read the Message & let the House know their mind to the Secretary.
A Message from the Assembly to the President & Council.
" May it please the President & Council :
" We have so often declared our Sentiments on like occasions as
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the Subject Matter contain'd in Your last Message, You cannot possibly be unacquainted with them, and therefore we think it can be of no use to repeat them here. Besides, we do not see what pru- dence or pollicy cou'd be done in the present Emergency. To send · a Vessel in pursuit of the Privateer suppos'd to be at the Capes, the distance is so great, a late Example may convince us the Priva- teer might and very probably would be out of reach before any Vessel cou'd get thither. And to keep a Vessel constantly at our Capes to guard the Coast must be introductive of an Expence too heavy as we conceive for the Province to bear. We may add to this, that to put so great Burthen on the Inhabitants at this time would we think be inexcusable, when, from the Message You were lately pleas'd to send Us, as well as by other accounts, there is great reason daily to expect a Ship of War to be station'd on our Coasts for the protection of the Trade of the Province.
" Sign'd by Order of the House. "JOHN KINSEY, Speaker. " 3d Mon. 21st, 1748."
Tho' the Board on considering this Message thought it extremely afflicting to be left by the Assembly in a time of such imminent Danger without Money or a Vote of Credit, for want whereof they had it not in their Power to protect the Trade or defend the Province, yet since the House had express'd themselves in such positive Terms, & seem'd determin'd on their adjournment, they agreed to send them the following Message :
" As the House has inform'd the Board that they incline to ad- journ till the 22d August, the Council is unwilling to press their stay longer at this time; but if the Ship of War shou'd not arrive so soon as expected, & our Port continue to be block'd up, they shall be under a Necessity of calling You together before the time to which You propose to adjourn."
Order'd, That the Prisoners be not suffer'd to go out of their Lodgings after Sunsett, & that notice hereof be given to all Persons concern'd.
At a Council held at Philadelphia, 23d May, 1748.
PRESENT :
The Honourable ANTHONY PALMER, Esq., President.
Thomas Lawrence, Benjamin Shoemaker,
Samuel Hasell, Joseph Turner,
William Till,
Thomas Hopkinson, Esqrs.
Abraham Taylor,
William Logan,
Robert Strettell,
The Minutes of the preceding Council were read & approv'd.
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PROVINCIAL COUNCIL,
The President having receiv'd Letters from the Proprietaries by the Otter Man of War, John Ballet, Esqr., Commander, who ar- rived yesterday morning after a Passage of seven Weeks from Ports- mouth, the same were read & order'd to be enter'd.
" Gentlemen :
" I wrote to You on the 29th of October, & sent by two Convey- ances to inform You that the Lords of the Admiralty had promis'd me a Ship to be station'd in Delaware Bay, and that she wou'd be order'd to Sail so as to get on the Coasts of North America as soon as it would be safe for her. I now take this opportunity by a Ship bound to New York, who does not stay for Convoy, to acquaint You that their Lordships have appointed the Otter Sloop, Capt. Ballet Commander, for this Service; but as a very large Fleet is in a very short time to Sail for the several ports of North America, they have ordered the Otter to stay till they are ready to strengthen their Convoy, & they are expected to Sail in about fourteen Days. I make no doubt but on their arrival You will make the Place as agreable as You can to the Captain, & give him any assistance he can reasonably desire for His Majesty's Service. I must say the procuring this Security to You is a great Satisfaction to me, and tho' it has been very difficult & required much application to get this Sloop, as there never was a Ship Station'd in the Bay before, I hope we may be sure for the future to succeed in any application, as there is now a precedent establish'd.
" I think it necessary, also, to inform You that we appointed Mr. James Hamilton Governor of Pennsylvania, who will be ready to embark the latter end of the Summer, so as to meet the Assembly, if possible, in October. I have nothing to add but that I am,
" Gentlemen, " Your very affectionate Friend, "THOMAS PENN,
" LONDON, March 12th, 1748.
" The President & Council of Pennsylvania."
" Gentlemen :
"On the other side is a Duplicate of a Letter I sent by way of New York, to which I have little to add. This comes by His Ma- jesty's Sloop the Otter, Capt" Ballet Commander, who, I make no doubt, You will assist in any Case where in he may stand in Need of Your Aid for the King's Service, and which I recommend to You. I remain,
" Gentlemen,
" Your very affectionate Friend,
" THO, DENN.
" LONDON, March 29th, 1748.""
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" Gentlemen :
" I have just now received Your Letter to my Brother & myself, which is Duplicate of one sent by the Widow, Captain White, who was taken into France, and is dated the 27th of November. I ob- serve with great Concern the apprehensions you were under that the French wou'd send a very considerable force in the Spring, & perhaps attack the City of Philadelphia. If your Informations are to be depended on, You may have great reason for such fears, and should do every thing in Your power for your defence, & endeavour to raise in the People such a sense of Danger as may induce them chearfully to obey such Orders as it may be proper for You to give, both as to preparing by using themselves to discipline, & meeting for Your mutual defence when Danger is near. The Association you sent me is lost; but I have seen one printed in one of your News Papers which I apprehend is the same you mention ; and tho' on the one band We shall on all occasions desire to join in every fit proposal that may contribute to Your Safety, and on the other with great caution object to any proposal that is not liable to great objections, We have great doubts whether this is not liable to such objections as renders it unsafe for the Persons who have joined in it, and which are not warranted by Necessity. However, We have desired the Attorney & Solicitor General's thoughts upon it, which will be sent you by Mr. Paris, & on which we desire you will for the present proceed. I fear they will not be got before I am oblig'd to go into the Country, or I would write to You with them. I apprehend at present You cannot be warranted to give Commissions to any Officers who are to receive their Orders from others than yourselves or those you appoint, as this is giving the power of the Militia, or calling the People together for their de- fence, from the King to themselves, & which I fear will be esteemed greatly Criminal. If the People had desir'd to unite for their de- fence they should have applyed to You, their legal Governors, for License so to do, when you would have formed them into Bodys proper for Service, & issued such Orders as would be from time to time thought necessary ; but for them to chuse a Council to make Military Laws & order the Marching of Armed Men, is certainly very contrary to what is practised here, & I conceive to Law; for in the last Rebel- lion People did no more than engage to join together under such Persons the King & Laws had, or the King should appoint to com- mand them.
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