Colonial records of Pennsylvania, Vol. V, Part 28

Author:
Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 808


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An Estimate of the Charge attending the Equipment of a Colony Vessel for the protection of our Trade, &c :


The Vessel to be hired with her Ordnance, Stores, Arms, & Amunition, about £300 ₽ Month £300 00 -


Giving the Owners Security to make


good all Damages by Engagement, or if lost.


120 Men, Commander & Officers in-


cluded, Wages, viz. :


Commander # Month - - £13 10 0 -


Lieutenant - -


10 0 0


2d Lieutenant -


.


-


8 00


Mates-2, @ £6 10s. each


13 0 0 -


Gunner


6 10 0


Surgeon


-


-


6 10 0


Surgeon's Mate


5 10 0


Carpenter


6 10 0


Carpenter's Mate -


5 10 0


Quarter Masters-2, @ £5 5s. ea. -


10 10 0


60 Able Seamen (@ £5


-


-


300 0 0


47 Landsmen @, &3 10s.


164 10 0 -


Victualling Bill for 120 Men + Month, -


130 0 0


£988 0 0


Medicine Chest for the Cruize,


- £85 00


Stores for Officers for the Cruize, - -


45 0 0


Ditto for the Company for the Cruize,


55 0 0


-


8 00


Master


-


-


-


££558 00


-


£185 0 0


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PROVINCIAL COUNCIL.


The Consideration for smart Money, usually paid by His Majesty & private Ships of War to those who are maimed or wounded in Engagements with the Enemy, ought to be estimated & are allowed. in this Port # Articles :


For Loss of a Leg or Arm -


£150 For Loss of an Eye -


- 90


For Loss of a joint -


- - 30


Mr. Ogle's Letter was read & order'd to be enter'd :


"ANNAPOLIS, 31st May, 1748.


"Sir:


" Our Assembly has now been sitting for three Weeks, and the Lower House came to a Resolution sometime ago not to make any allowance for the Indians. This I deferr'd giving You an Account of as the Gentlemen of the Council, out of their great Inclination to promote this Service, flatter'd themselves that We might have been able to induce them to change their Sentiments; But as we now begin to despair of doing any thing to the purpose, I give You this Notice, very much to my mortification, having done every thing in my power to have answer'd your reasonable Expectations. I am,


"S", Your most obedient humble Servant, "SAM. OGLE.


" ANTHONY PALMER, Esq."


A Message from the House by two Members that the Represen- tatives were met according to Summons & ready to receive what the Council has to lay before them. They were told by the President that he wou'd send a Message in the Afternoon.


Abraham Wiltbank, Commander of one of the Government Pilot Boats, bringing advice that he had been for a Day or two off of the Capes & met with no Enemie's Vessels-the Embargo was taken off.


At a Council held at Philadadelphia, Friday, 10th June.


PRESENT :


The Honoble. ANTHONY PALMER, Esq., President.


Samuel Hasell, Joseph Turner,


Abraham Taylor, Thomas Hopkinson, Esqrs.


Robert Strettell, William Logan,


The Minutes of the preceding Council were read & approv'd.


Captain Ballet applied to the Board for an Assistant, setting forth that he shou'd not be of sufficient force to protect the Trade if Capt". Masterson shou'd not be in a Condition to come to his as- sistance. The Captain was told there was now a Message before VOL. V .- 18.


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MINUTES OF THE


the Assembly on this Subject, to which they had not yet given their answer.


The Secretary inform'd the Board that the present Surveyor General, Mr. William Parsons, finding his Health decline, desir'd leave to resign his Office, & Mr. Nicholas Scull being thought the properest Person to succeed him, his Commission was ordered to be made out.


A Petition from Alexander Ure, under Sentence of Death for Murther, was read, praying a Reprieve for twelve Months.


The Council not having yet received the Report of the Judges the Consideration thereof is postpon'd.


The Secretary is order'd to remind the Speaker of the several Orders issued by the Council for the safety of the Province & City, and of the Expence that will accrue thereon, & to know of him if it be necessary to send a particular Message to the House on this Sub- ject,


At a Council held at Philadelphia, Saturday, 11th June, 1748.


PRESENT :


The Honoble. ANTHONY PALMER, Esqr., President.


Samuel Hasell, Abraham Taylor,


Robert Strettell, Thomas Hopkinson, Esqrs.


William Logan,


The Minutes of the preceding Council were read and approv'd.


A written Message from the Assembly was deliver'd by two Mem- bers to the President before the Board met, who at the same time said they were directed to inform the Council that the House in- clin'd to adjourn to the time of their last adjournment, if there was no further Business to lay before them. The President told them they shou'd receive an answer when the Council met.


The Message was read in these words :


A Message to the President & Council from the Assembly.


" May it please the President & Council :


" That we refused to grant Money in the manner You have some- times thought proper to apply for it is very true, & yet we think the Charge You are pleas'd to make against us in your last Message, of our having 'hitherto refus'd to grant Money for the protection of the People and the Trade of this Province,' is too generally ex- pressed. That Government ought to be honourably supported, & that we ought to contribute towards it proportionably to our Cir- cumstances, have been both our Sentiments & Practice; And the ' protection of the People & the Trade of the Province,' we look upon as principal Parts of the Duty of those by whom this Support


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PROVINCIAL COUNCIL.


is received; And wherever those in whose Hands the Executive Powers of Government have been or now are in discharge of what they conceive to be their Duty, are or shall on any Emergency be put to an Expence for the Good of the Province which the Assem- blies have or hereafter shall judge reasonable, as we remember no Instances past, so we believe not any such will hereafter happen wherein a suitable Provision will not be made in the support of Government.


" We would not from hence be understood to encourage your put- ting the Province to any extraordinary Expence at this time, and particularly in hiring and fitting out a Ship of War, which we think unnecessary, & which, from the Estimate You were pleas'd to send us, amounts to near £1,000 $ Month, besides the Risque and Re- pairs of the Vessel ; a Burthen we now think, as formerly we have thought, too heavy for the Province to bear.


"The answer You are pleas'd to give to this objection consists only in pointing out the Consequences You are pleas'd to suppose may attend the blocking up our Ports, &c. But in the Judgment You form on this Occasion you seem to consider the Province in- dependent ; as neither intitled to nor having reason to expect any other Protection or Defence but such as it is able to provide for itself. If this were really the Case, the Dangers You apprehend might be better grounded-it being evident that were the whole Province to exert themselves to the utmost of their abilities, it would not be suf- ficient to protect them against such a force as might possibly come against them.


" The late Attempts appear by the Depositions you were pleas'd to lay before us, to have been made by three Privateers who did not come altogether, And if an additional Ship of War was necessary in that Case, is it not possible that double the number of Privateers may come, and will not by the same reasoning a double number of Ships of War be necessary ? Is the Province able to bear such an Expence ? Or is it reasonable to suppose that when by the favour of the Crown one Vessel is station'd among Us, and the assistance of another enjoin'd if it shall become necessary, that it was not in- tended to relieve the Province from a Burden it was judged unfit to bear ? Can it be prudent to strain our Circumstances and load the Province with so heavy an Expence after the Provision thus made for us? And might not the making such farther Provision deprive the Province of the Vessel which by the Lenity of the Government is already provided for guarding our Coast & protecting our Trade free from any Expence to us ?


" In times of War it is not to be expected but that losses will happen; the Channel of England we suppose hath been as well guarded of late as ever, and yet as we are informed not less than 5 out of 6 Vessels which Sailed from this Port within the space of 15 Months last past have been taken, & but one of them on our Coast.


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MINUTES OF THE


The Estimate You have been pleased to make of the Losses which lately happen'd is in our opinion much too large. Two of those Vessels (one of which was the most valuable of those lately taken), were taken at a distance from our Capes, and this might have been the Case if a Ship of War had been Cruizing there.


" On the whole, as You are pleased to inform us that most of the Privateer (we suppose all) are gone off, that the Ship of War in our Port will soon be fit for Service, and that You have dispatch'd an Express to Virginia in order to procure the Hector Man-of-War to join her, if the Commander of that Ship be, as we are told he is, instructed to assist the Otter when it is necessary, there is no reason to doubt but he will Comply with his Instructions, and this on the present occasion is all that appears to us necessary. And we must, therefore, desire to be excused when we declare that we cannot con- curr in opinion with You that it is at this time necessary a Ship of War shou'd be fitted out by this Province.


"Sign'd by Order of the House.


" JOHN KINSEY, Speaker. " 4th Mon. 11th, 1748."


While the Message was reading a second Message was deliver'd by two Members from the Assembly that the Country Members were impatient to be gone, & desir'd to have the Council's answer as soon as possible.


A Member of Council coming in the Message was order'd to be read again, but before this cou'd be done two Members came with a third Message, that the House having for some time finished all their business & determin'd to adjourn, they were impatient for the Council's answer. They were told that the Message was so lately deliver'd that the Board had not time to consider it, to which one of the Members reply'd they might have had it sooner if the Council had sat sooner.


The Board conceiving themselves ill used by these frequent Mess- ages coming so quick after one another, & that the House was not in temper to stay till a proper answer cou'd be made to their Mess- age, which appear'd at first Sight exceeding faulty & full of false reasoning, concluded to send the Secretary to tell them that after what the House had said in their Message, they think it will be to no purpose to say any thing further to them.


The Secretary inform'd the Board that he had deliver'd to the Speaker what was given him in Charge yesterday, & he frankly de- clar'd that there was no manner of occasion for a Message with respect to Expences already accrued or that shou'd accrue on the Orders the Council judg'd necessary to give for the Publick Safety.


Mr. Kinsey as Chief Justice waited on the Council & related the proceedings of the Court of Oyer & Terminer, whereby it appear'd


277


PROVINCIAL COUNCIL.


that Alexander Ure liv'd in an illegal manner with another Man's Wife, & the People frequently threw Stones on his House top, & that in the night time that in particular stones were thrown by McGinnis or his Company that very Night, & that Ure in a passion having his Gun loaded with a Ball, fir'd at McGinnis in the Dark, & lodg'd the Ball in his Neck, so that he dyed immediately.


In regard there was but a slender Board it was thought proper to postpone the consideration of Ure's Petition till another time.


At a Council held at Philadelphia the 14th June, 1748. PRESENT :


The Honoble. ANTHONY PALMER, Esqr., President.


Thomas Lawrence, Samuel Hasell,


Abraham Taylor, Robert Strettell, Esqrs.


)


Thomas Hopkinson,


The Minutes of the preceding Council were read & approv'd.


The Board taking into consideration the last written Message from the Assembly, and the repeated importunate verbal Messages following it, that the House was determined immediately to adjourn if the Board had no other Business to lay before, them, &c., and their adjourning accordingly before the Board had an opportunity of reading, considering, & replying to the said written Message, unanimously


Resolved, That it was never understood in this Province that the Salaries voted to Governors for their Support were intended to be laid out in protecting & Defending the People & Trade of the Province, , otherwise those Salaries ought to have been much larger in time of War than in time of Peace, which has not been the Case; and as the Council receive no such Salaries tho' they bear an Equal share of all Taxes in proportion to their Estates, it is unreasonable to ex- pect they should if they were able advance out of their private Fortunes such Sums of Money as may be requisite on any emer- gency to be expended for the Publick Safety, upon no better Secu- rity than the belief of the present Assembly that future Assemblies, if they shall judge it reasonable, will probably repay them.


Resolved, That there is no probability that others will be induced to advance their Money to the Government for publick Service on so uncertain, obscure, and evasive a declaration as is contain'd in the last Message of the Assembly, their being repaid again depending on the Good will and pleasure of the House, to be obtain'd by hum- ble petitioning and by submissive personal Application to the Mem- bers, and on the Judgment the House may happen to form of the reasonableness of the undertaking in which the Money was ex- pended, especially when it is consider'd that it is the known opinion


278


MINUTES OF THE


of the People call'd Quakers (of whom the Assembly chiefly con- sists), that all warlike preparations for defence are so far from being advantageous to the Publick that they have a direct contrary ten- dency (from whence it may be reasonably supposed such an Assembly are unfavorable as well as incompetent Judges of the Expediency of any military undertakings whatever), & that far from offering to repay, the House has never so much as thank'd those that by private Subscriptions fitted out a Vessel the last Year to scour our Coast; but instead thereof publickly disapproved their Conduct in a late formal Message to this Board.


Resolved, That the Assembly have therefore at this time, by the declaration made in their last Message, done nothing for His Ma- jesty's Service or for the Security of the People & Trade of this Province, for which Ends they were call'd together.


Resolved, That it is the opinion of this Board that the Sum of Three thousand, or at most four thousand Pounds, including all Charges, would have been sufficient, according to the Estimate laid before the Assembly, for equipping & maintaining a Vessel of War to Cruise the remaining Summer Months as an Asistant to the Otter Sloop, & that such a Sum could by no means have been a Burthen too great for this Province to bear, might have been of the greatest Service to the Publick, & paid or rais'd in a manner that would not have been felt by the Inhabitants; and that if one single Ship should be taken for want of it, the loss might be many times greater than such Expence, besides enriching & strengthening our Enemies.


Resolved, That the reason given in the Assembly's Message why no Provision at all shou'd be made for our Defence, viz. : " Be- cause, were the whole Province to exert their utmost abilities it would not be sufficient to protect them against such a force as might possibly come against them, &c.," is evasive & trifling, and might equally prove the inexpediency & folly of making any preparations for defence in any Country in the world, since the strength of no one Nation is equal to a force that may possibly be brought against it. But because we are not able to provide against the greatest possible force, that therefore we should make no Provisions at all for our protection, is, in the opinion of this Board, a most extraor- dinary Conclusion.


Resolved, That the fact adduc'd in the Assembly's Message to prove the inexpediency or rather the mischievious Consequence of guarding any Coast, and that an unguarded Coast is the safest, viz., " Because out of our five London Vessels lately taken four were taken in the well-guarded Channel of England, and only one in our unguarded Coast, &c.," is not fairly stated, nor the whole truth honestly related, it being well known that most of those taken in the Channel sail'd from hence in the Winter, when the Privateers of the Enemy cannot for the cold abide on onr Coast, which there-


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PROVINCIAL COUNCIL.


fore at such a time needs no Guard; that the Richa with several other Vessels which Sail'd from hence this Summer clearly were taken on our Coast for want of a Guard; that two of those taken in the Channel were retaken & sent into England before they reach'd the Enemie's Ports, which evidently shews the guarded Coast is the most advantageous, since nothing of all they took on our Coast has been retaken from them by any Guardship of ours, & one half of what was taken in the Channel was recovered; be- sides that the Privateer which took on the British Coast of the two the Enemy carried off, was herself taken by an English Man-of-War, which must have discourag'd & weaken'd the Enemy in some degree, and thereby tended to the greatest Security of that Coast for the future ; while the continual losses on our Coast, without resistance or reprisal, being so much clear gain to the Enemy, must not only encourage them to come again but enable them to come with greater force.


Resolved, That it is the opinion of this Board, the fitting out a Ship-of-War to act in conjunction with the Otter Sloop, which we have been lately favour'd with by the Crown for the protection of our Trade, would not probably have any tendency to the depriving us of that Vessel, no such effect having ever been observ'd in the neighbouring Colonies of New England, New York, Virginia, South Carolina, or the West India Islands, which have almost all at times found it necessary, notwithstanding the Guardships station'd among them, to fit out Vessels of War to act in conjunction with those Guardships, or independant of them as Circumstances required ; & they have been found very serviceable, being immediately under the Command of their respective Governments, & obliged to Cruize when & where those Governments thought fit to order, which the King's Ships are not; And when any further assistance from the Crown has been asked it has always been judg'd of Use to shew that the Colony requesting such assistance is not backward, but has already done or is willing to do all in its own Power, which was never yet observed to occasion the withholding such Assistance or the withdrawing what had been before granted.


Resolved, That when the Assembly is called by the Governor or by the President & Council to consult on Matters of the highest Importance His Majesty's Service and the Safety of the People, their determining hastily to adjourn, without giving time for an explanation of what might be misunderstood, or for producing any further reasons in support of what is proposed to them, or for any answer that might clearly obviate their objections (as hath been often practised by the Assemblies of this Province) when a thorough discussion of the Point by calm & temperate Debates or Messages, might bring both Parts of the Government to be of the same mind, is indecent & improper, inconsistent with the Nature of good Gov- vernment, & may in its Consequences be very injurious to the


280


MINUTES OF THE


King's Service, & equally prejudicial to the People whom they represent.


The Express sent to Virginia return'd this, Day & brought the following Letter :


" JUNE 4th, 1748.


" Sir :


"This morning about ten o'Clock I received Your Letter with the inclosed Affidavits ; but before I set down to answer it I sent an Express to Captain Norbury, who Commands His Majesty's Ship the Loo, and is at present upon this Station, with a Letter giving him an account of the purport of yours, but I fear he is gone to Sea, for he inform'd me yesterday he would sail to-Day, if not I am perswaded by what I have wrote he will take a Cruize your way, for he is a very alert & diligent Officer. He brought in three Days ago two Privateers, one from the Havanna, with 12 Guns, 16 Swivels, & 140 Men, the other from St Augustine, with 4 Guns, some Swivels, & 40 Men; during his Craize we were alarm'd with a Spanish Privateer being got into our Bay, nor are our fears over, tho' he promises to make a clear Stage; he has taken the largest Prize to Sea with him.


" Our Fleet is not yet arrived, nor had we any Certainty of their Sailing till yours came to hand; however, I sent the inclosed for Captain Masterson, with that for the Purser of the Loo to Hamp- ton, seeing the former may be every Day expected.


"I am become a very bad seribe, therefore I hope you'll excuse all blunders, & beleive that I am with great respect,


" Sir, Your most obedient humble Servant, " WILL: GOOCH. " The Honoble. ANTHONY PALMER, Esqr."


A Petition was read of William Clark, praying he may be ap- pointed to succeed Mr. Morgan as Measure Sealer.


Order'd to lye upon the Table.


At a Council held at Philadelphia, Thursday 16th, June, 1748.


PRESENT :


The Honoble. ANTHONY PALMER, Esqr., Presid'- Abraham Taylor, Robert Strettell, r Joseph Turner, Thomas Hopkinson, Esqrs. William Logan,


The Minutes of the preceding Council were read & approv'd.


The Board resum'd the Consideration of Alexander Ure's Peti- tion, & being inclinable to reprieve him till the Governor's arrival,


281


PROVINCIAL COUNCIL.


the Secretary was order'd to consult the Attorney General on the words of the Royal Charter relating to Persons found guilty of Murder.


Mr. Burch appear'd before the Council & Petition'd that the Board wou'd release him from his Contract to carry 35 french Pris- oners to Leoganne for £32, alledging he was apprehensive the French wou'd take reprisals for some of their Flaggs of Truce that had lately been seized in America; & likewise that the number being too great they might rise & force him to carry them directly to Hispaniola, which would be detrimental to him, since he was oblig'd to touch at Burmudas and leave some goods there. After a long debate it was insisted on by the Board that he shou'd carry 18 Prisoners for £18, & the following Letter was wrote to the French Governor at Hispaniola :


" PHILADA., June, 16th 1748.


" Sir :


" A number of Prisoners brought in here by our Privateers were likely to continue a long time for want of vessels to carry them off had I not, in compassion for them, laid my Commands on Mr. Burch, one of the Owners of two Sloops bound to Jamaica (but under a Contract to touch at the Island of Bermudas in order to deliver there a few Goods) & oblig'd him to carry the Prisoners to Leoganne & deliver them to your order. Mr. Burch has made abundance of objections, & is really possess'd of fear least the honour due to the Flagg shou'd not be paid to him, as he has a Jamaica Cargo on board; but I have assured him that from the Character Your Excellency bears he will run no risque of this kind, especially since I do hereby Certify that he is press'd by me into the Service. Capt". Brownlow, in one of the said Sloops call'd the Royal Ranger, waits on Your Excellency with this Letter, & I most heartily recommend him as well as Mr. Burch to your favor, not doubting that every thing will be made agreeable to them,


" I am, &c., " ANTHONY PALMER.


" His Excellency Mons". DE CHASTENOY, Gov". at Petit Goave."


The following Pass was Sign'd by the President :


" PHILADA., SS.


" By the Honourable ANTHONY PALMER, Esq., President of the Province of Pennsylvania, & the Government of the Lower Counties of New Castle, Kent, & Susex on Delaware : To all to whom these Presents shall come Greeting :


" Whereas, I have authorized & appointed as I do by these Pre- sents authorise & appoint Brownlow, Commander of the Sloop Royal Ranger, to wear & go under a Flag of Truce from this


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MINUTES OF THE


Port of Philadelphia to Leaganne, or to any other Port in the Island of Hispaniolia, in order to carry Nine Prisoners of War, Subjects of His Most Christain Majesty.


"These are, therefore, requiring all & singular whom it may con- cern, to suffer the said Captain Brownlow with his said Sloop, Crew, & Passengers to pass freely and quickly without any Let, hinderance, or Molestation to the aforesaid Island of Hispaniolia, & from thence to the Island of Jamaica. Given under my Hand & Seal-at-Arms at Philadelphia aforesaid, this 22d day of May, in the Twenty-first Year of the Reign of His Majesty King George the Second, Annoqz Domini, 1748.


" ANTHONY PALMER."


A Letter & Pass of the same Tenor with the above was prepaid for Captain Coatam, to Cape Francois.


Captain Coatam was sent for & told that the Council understood he only intended to carry 18 French Prisoners, but it was their Express Order that he shou'd carry 30. The Captain said he would acquaint the Owners with their Honour's Commands.


Captain Ballet inform'd the Council that he cou'd not Sail for want of Men, & shou'd therefore be put under the disagreeable necessity of pressing if no other Method cou'd be found to furnish him with his Compliment.




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