USA > Pennsylvania > Colonial records of Pennsylvania, Vol. V > Part 33
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"Gentlemen, Your most obedient humble Servants,
" ANTHONY PALMER, " THOMAS LAWRENCE,
" SAMUEL HASELL,
"WILLIAM TILL,
" ABRAHAM TAYLOR.
"The Honoble. the Proprietaries of the Province of Pennsyl- vania."
At a Council held at Philadelphia, Thursday, 4th August, 1748. PRESENT :
The Honourable ANTHONY PALMER, Esqr., President.
Thomas Lawrence,
Samuel Hasell,
Abraham Taylor,
Robert Strettell, & Esqrs.
Benjamin Shoemaker, Joseph Turner,
The President laid before the Board a Letter from Captain Mais- terson, which being read and the sentiments of the Board taken thereon, an answer was wrote thereto, & both order'd to be enter'd.
"HECTOR, Delaware Bay, July 28th, 1748.
" Sir :
" Being cruizing along the Coast I put in here thinking it my Duty to see if I cou'd get any Intelligence of the Enemie's Privateers.
" On the 9th Instant I wrote a Letter & sent it to Collo. Mckenzie, desiring him to direct it to some. Gentleman in Philadelphia (I not being acquainted) to inform the Inhabitants that on the 6th I retook a Schooner of about 40 Tons, laden with Sugar. She had no Eng- lish on board, only ten Spaniards, & no Papers of any kind. The Spaniards cou'd not tell her Name, nor give any other account of her than that she came from Providence laden with French Sugar & bound to Philada. I shou'd be glad to know, Sir, if any Person in this Colony lays claim to her.
-
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" As His Majesty's Ship, the Loo, is now gone to Norfolk in order to heave down, I am afraid it will prevent me from doing so for sometime. I should therefore be very much oblig'd to you to inform me whether there is a conveniency here to heave down a Ship which draws seventeen feet Water.
" I shou'd be very glad to have the pleasure of seeing you or any Gentlemen on board the Hector. Your answer will be of great Satisfaction to,
" Sir, Your most obedt h'ble Servant, "SAML. MAISTERSON.
" The Honoble. ANTHONY PALMER, Esqr.
" P. S .- On the 15th Instant in the Evening I joined Company with His Majesty's Sloop the Otter, who had with her two French Prizes. The next Day, in the morning, we took a Spanish Priva- teer Schooner of ten Carriage & ten Swivel Guns, and retook three Vessels that had been taken by the said Privateer, and carried them into Hampton Road.
" On the 27th I left the Otter and the Prizes there."
" PHILADA., August 2d, 1748. " Sir :
" I have the Honour of yours of the 28th July, which did not come to my Hands till Yesterday afternoon. The Council, to whom I communicated it, express a good deal of Pleasure at your kind Inclinations to favour this City with your Company if the depth of the River wou'd permit; & You wou'd have any conveniency of Careening. As to the first, there are several careful and knowing Pilots at Lewes, who can give you satisfaction on this head, par- ticularly Abraham Wiltbank & John Mawle, and if they will un- dertake to Pilot You, as they know all the places of Danger well, I believe you may safely trust them. I am told that Vessels of as large a draught of Water as the Hector have come up here, & that at Red Bank, the Place of the greatest Danger, the Channel is deeper now than formerly, but as to the Navigation you will be pleas'd to take the advice of the Pilots at the Capes. As to the second point I can venture to assure You that there are Wharfs here which your Ship may easily lye at & with safety heave down ; the danger mostly apprehended by the Council is, that you will not be able to keep your Sailors; this Port is on this account one of the worst in the World, as there is abundance of ways to get out of Town, & abundance of bad People to conceal & assist the Run- aways. Capt" Ballet experienc'd this & found it an hard matter to get Men, tho' our Vessels were taken every day at the Capes, and it was the Interest of every trading Person to assist him, and the Merchants did really exert themselves.
" In every other respect it is believed you will be well accom-
.
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PROVINCIAL COUNCIL.
modated, and you may depend on the Council's doing all in their Power to make the place agreeable to You, in which they shall have the hearty concurrence of,
" Sir, Your most humble Servant,
" ANTHONY PALMER.
" To Capt". MAISTERSON, of the Hector, Man-of-War, in Delaware Bay."
Collo. Graydon inform'd the Board that Bernard Vanhorn, Ralph Dunn, & some other Persons belonging to the Associated Company of Northampton Township, Bucks County, had withdrawn them- selves from that Company, & had presum'd, contrary to the Asso- ciation sign'd by them, to form a new Company & to proceed to the Choice of Officers, and the Choice falling on the said Bernard Vanhorn to be Captain, Robert Cummings Lieutenant, & the said Ralph Dunn to be Ensign, they had so far impos'd on the Board as to obtain Commissions, & as this might be attended with evil Consequences, he requested that the Affair might be examin'd into & their Commiss's superceded; whereupon Orders issued from the Board to the Officers of both Companys to appear in Council on Friday the 12th Instant.
" A List of Officers to whom Commissions have been granted since the last Entry.
Philadelphia County.
Jacob Leech, late Lieutenant, was elected Captain in the room of Thomas York.
John Barge, late Ensign of the said Company, Lieutenant in the room of Jacob Leech.
Jacob Naglee Ensign in the room of John Barge.
CAPTAINS. LIEUTENANTS.
ENSIGNS.
Chester County.
Thomas Hubert, jun', John Rees,
George Leggit, Thomas Leggit,
Anthony Richard, Archibald Young.
Lancaster County.
John Harris.
New Castle County.
John Edwards,
David John, Robert Stewart.
David Marshall, James Edwards,
Kent County. David Clark, James Lewis, . James James.
William Green,
1
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At a Council held at Philadelphia, 12th August, 1748.
PRESENT :
The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence,
Samuel Hasell,
Abraham Taylor,
Robert Strettell, Esqrs.
Joseph Turner, Thomas Hopkinson,
The Minutes of the preceding Council were read & approv'd.
Lieutenant Wynkoop, in behalf of Captain Bennet's Company of Associators in Northampton Township, Bucks County, & likewise C. Bernard Vanhorne & Lieutenant Robert Cummings, in behalf of their Company, attending with their Witnesses, both Returns were examin'd; & it appearing from thence that the said Vanhorne and fourteen more did actually belong to Captain Bennet's Com- pany, and that, therefore, they cou'd not, consistent with their Ar- ticles, proceed within the Year to another Election, the Commis"s. of the said Bernard Vanhorne, Robert Cummings, & Ralph Dunn, were superseded. Such of the Inhabitants, however, as did not be- long to Captain Bennet's Company & were minded to Associate might chose their Officers again, & on the Return of fit Persons & their Petition for Commissions, the Council would readily grant them.
The following Letter from Governor Trelawny was delivered to the President in Council, & read as follows, viz. :
"JAMAICA, May 27th, 1748.
" Sir :
" Admiral Knowles having represented to me in a Letter how much His Majesty's Ships under his Command had suffer'd by de- sertion, that they wanted 500 Men of their Compliment, by which his Squadron would be disabled from doing the Service it was sent for unless he cou'd be supplied with Men, which he had no hopes of, but by having a Liberty to impress, he having tried all other methods-by promising Pardon to such Deserters as shou'd return within a limited time, & offering to Volunteers the Choice of serv- ing on board any Ship in his Squadron they pleas'd and for what time they shou'd agree for. His Majesty's Council of this Island, to whom I communicated his Letter, were unanimously of opinion that this was such an Emergency as required an Impress, within the meaning of the Act for the better Encouragement of the Trade of His Majesty's Sugar Colonies; and accordingly consented that he might impress for the space of two Months, which they did the more willingly as they were of opinion that the very deserters that might be apprehended wou'd go a great way towards manning his Ships, which might be effectually compleated by the Idle Seamen that keep about the Punch Houses & wait to get extravagant wages for
· the Run home, and that it cou'd be no prejudice to the Northward
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PROVINCIAL COUNCIL.
Trade, the Admiral having been so kind to assure me that he wou'd not impress any that were Inhabitants or settled in any of the Colo- mies in North America, which I thought it wou'd be proper to ac- quaint you with, least the Merchants & Seafaring Men of Your Province shou'd be under any uneasiness upon hearing of this Im- press.
" For they may be assured the Admiral will religiously comply with his Promise.
"I am, with great Respect, " Sir, Your most obedient humb. Servt "EDWARD TRELAWNY.
The Board were of opinion that as there was a Suspension of Arms between Great Britain, France, and the States General, & all likelyhood of a General Peace, there was no need of making the con- tents of the Letter Publick.
The Accounts of the Expences of the late Treaty at Lancaster were laid before the Board by the Secretary (after deducting the value of the Presents from the Indians), amounting to the Sum of £166 18 0, and as all the Sums, excepting such as were disburs'd by the Secretary himself by order of the Commissioners, were certified by Mr. Weiser, they were approv'd, and it was resolv'd that they should be laid before the Assembly with a proper Message to re- commend the immediate payment of them.
Province of Pennsylvania to Expences of the Indians at the late Treaty of Lancaster:
1748, July,
Dr. S. d.
To George Croghan, as by Account of particulars
62
1 0
To George Gibson, as $ Do.
73 5 6
To Michael Crouse, as Do.
41 9
2
To Jacob Selaugh, as Do. 2 10
To Doctor Boudes' Bill
4
0
0
To Doct- Regre
-
1 5 0
To Roger Connor
1 10 0
To Samuel Devenny, an Express to the Council on the Indians' Arrival
1 10
0
To John Morris attending the Indians by special Order during their whole stay -
1 10 0
£189 0 8'
Cr.
By 800 White Wampum to George Croghan by Mr. Peters - - £1 4 0
By 55 Ib. of Beaver, @@ 8s. - - 22 0 0
Carried forward, £23 4 0
£189 0 8
0
-
-
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MINUTES OF THE
Brought forward, £23 4 0
£189 0 8 By 73 Ib. of ordinary ditto, @ 6s. 5 2
By 41 ordinary Summer Deer Skins, weight 86 1b., @ 22d. - 7 17 8 By 15 drest Leather Skins, weight 29 1b. - 5 16 0
39 2 8
Balance -
£149 18 0
N. B .- These Skins were received from the Indians at the Treaty. 24th August, 1748.
Perus'd & approv'd by the Commissioners ..
RICHARD PETERS, Clerk.
At a Council held at Philadelphia, Tuesday, 23d Augat, 1748. PRESENT :
The Honoble. ANTHONY PALMER, Esqr., Presidt- Samuel Hasell, William Till,
Abraham Taylor,
Robert Strettell,
Benjamin Shoemaker,
Esqrs: Thomas Hopkinson, William Logan,
The Minutes of the preceding Council were read & approv'd.
A Message from the Assembly by two of their Members that & Quorum of the House met last Night pursuant to their Adjourn- ment, and if the President & Council have any thing to lay before them they are ready to receive it; they were told that a Message wou'd be sent them to-morrow morning.
The Board having examin'd the Council Minutes & from thence extracted what is necessary to be laid before the Assembly, a Mes- sage was drawn and agreed to, in order to be sent to-morrow morn- ing at ten o'Clock, to which time the Council adjourned.
At a Council held at Philadelphia, Wednesday, 24th August, 1748.
PRESENT :
The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell,
William Till, Abraham Taylor, Robert Strettell, Benjamin Shoemaker, Joseph Turner, Thomas Hopkinson, 1 Esqrs. William Logan,
The Minutes of the preceding Council were read & approv'd.
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PROVINCIAL COUNCIL.
The Message agreed to yesterday was again read & signed by the President, & the Secretary sent with it to the House.
A Message from the President & Council to the Assembly.
" Gentlemen :
"In pursuance of His Majesty's Commands, signified to us by His Grace the Duke of Bedford, we have caused His Majesty's Proclamation for a Cessation of Arms to be Published here, which by the Advices we have received we expect will soon be followed by a General Peace.
"Since your last Sitting we have again taken into Consideration the mischievious Practice of carrying Rum among the Indians, and have not only issued a Proclamation for preventing it, but have or- dered the Magistrates of Lancaster County to recommend it to the Grand Jury, that the Delinquents may be prosecuted ; whereupon Bills of Indictment have been found against a great number of them, which we hope will be some Cheque to this growing Evil, tho' we cannot expect a total Stop will be put to it until the Laws provided against selling Rum to the Indians be amended.
" The latter end of June last we received a Letter from His Ex- cellency Governor Shirley, acquainting us that an Interview with the Indians of the Six Nations was appointed to be held at Albany on the 10th July, desiring that Commissioners might be sent from this Government to be present at it to consult & join with the other Commissioners there; but taking into Consideration your Sentiments delivered to us in a matter of the like kind, and ob- serving the Notice being so short that it wou'd scarcely afford time sufficient for consulting with You on this Affair, and for appointing Commissioners with proper Instructions, we declined calling You together on this occasion.
" The Information we received from the Cajukas had the appear- ance of a matter of the greatest Importance to the safety of the People of this and the Neigbouring Governments; we, therefore, immediately dispatched an Express with it to His Excellency the Governor of New York, whose answer together with the Informa- tion we received will be delivered you by our Secretary.
"In consequence of the Letters which in our Message we ac -. quainted you we had wrote to the Governors of Virginia and Mary- land, the former has sent a Present for the Indians at Ohio, to be deliver'd them by Mr. Weiser with the Presents from this Govern- ment.
" We have the Satisfaction to acquaint You that the Twightwees, a considerable Nation of Indians living on the River Ouabache, a Branch of Ohio, hitherto in the French Interests, being desirous of entring into Friendship with the English, communicated their In- tentions to the Indians of the Six Nations at Allegheny, who con-
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MINUTES OF THE
ducted their Deputies to Lancaster, where a firm Treaty of Friend- ship & Alliance has been established between us. This must necessarily strengthen the English Interest in general among the Indians, contribute greatly to the Security of our Inhabitants in time of War, and tend considerably to the enlarging our Indian Trade, especially as we are assured .by the Twightwee Deputies that not less than twelve towns in their Neighbourhood are equally desirous with them to become our Allies, and settle a Correspond- ence with us; & that they only waited to know the Success of their Negociations, when they would make the like Application. Shou'd this be effected, besides the advantages already mentioned the Intercourse between the French at Canada & the Mississippi would be greatly interrupted, the nearest & most convenient Passage being thro' those Towns. For other Matters of less Moment trans- acted at that Treaty we shall refer you to the Treaty itself. You will be pleased to order Payment of the Expences accrued on this & other necessary occasions, an Account whereof will be delivered to You.
" ANTHONY PALMER, President. " August 24th, 1748."
At a Council held at Philadelphia, 25th August, 1748.
PRESENT :
The Honoble. ANTHONY PALMER, Esqr., President. Thomas Lawrence, William Till,
Abraham Taylor,
Benjamin Shoemaker, Esqrs. Joseph Turner,
Thomas Hopkinson,
A Letter from His Grace the Duke of Bedford, receiv'd by the Delaware Captain Mesnard, was read, inclosing a Proclamation for a Cessation of Arms, &c., whereupon the Board appointed Wednes- day next, 11 o'Clock, for Publishing the same.
Order'd, That Notice be given to the Magistrates & the proper Officers to give their attendance, and Copies are order'd to be sent to Lancaster & the Lower Counties.
" WHITEHALL, 7th May, 1748.
" Sir :
"The King's Plenipotentiary & those of His most Christian Majesty & the States General of the United Provinces having Signed at Aix-la-chapelle on the 19th of April last, O. S., Prelimi- nary Articles for restoring a General Peace, and in Consequence whereof His Majesty has been pleased to order a Proclamation to be Published, declaring a Cessation of Arms as well by Sea as Land, which I send You herewith inclos'd. I am commanded by
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PROVINCIAL COUNCIL.
1
His Majesty to signify to You His pleasure that You cause the same to be Published in all the proper Places under your Govern- ment, to the end that all His Majesty's Subjects there may pay due obedience to, & a strict observance of the same.
"I am, Sir, Your most obedient, humble Servant,
" BEDFORD.
" Governor of Pennsylvania."
" By the KING. " A PROCLAMATION,
" Declaring the Cessation of Arms, as well by Sea as Land, agreed upon between His Majesty the Most Christian King and the States General of the United Provinces, and enjoining the ob- servance thereof.
" GEORGE R.
" Whereas, Preliminaries for restoring a General Peace were Sign'd at Aix-la-Chapelle on the 19th Day of April last, O. S., by the Ministers of Us, the Most Christian King, and the States Gen- eral of the United Provinces ; And Whereas, For the putting an End to the Calamities of War as soon and as far as may be pos- sible, it hath been agreed between Us, His Most Christian King, and the States General, as follows, that is to say --
" That Hostilities shou'd cease at Land within the Times and in the manner in the said Preliminary Articles for that purpose agreed upon; and at Sea from the respective Times and within the re- .spective Places hereinafter particularly mentioned.
" And to prevent all occasions of Complaints & Disputes which might arise upon Account of Ships, Merchandizes, and other effects which might be taken at Sea, it hath been also mutually agreed that such Ships, Merchandizes, and Effects as shou'd be taken in the Channel & the North Seas after the space of twelve Days, to be computed from the said Nineteenth Day' of April last, on which Day the said Preliminaries were Signed, and that all Ships, Merchan- dizes, and Effects, which should be taken after Six Weeks from the said Nineteenth Day of April beyond the Channel, the British Seas, and the North Seas as far as Cape St. Vincent ; and for the space of Six Weeks more beyond the said Cape to the Equinoctial Line, whether in the Ocean or Mediterranean ; and for the space of Six Months from the said Nineteenth Day of April beyond the said Equinoctial line or Equator, & in all other Places of the World, without any Exception or other more particular distinction of time or place, shou'd be restored on both sides.
" And Whereas, pursuant to such agreement hostilities havo
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MINUTES OF THE
ceased in the Low Countries, in such manner as was agreed upon by the said Preliminaries ;
" We have thought fit, by and with the advice of our Privy Coun- cil, to notify the same to all our Loving Subjects; and We do de- clare that our Royal Will & Pleasure is, and We do hereby strictly Charge & Command all Our Officers, both at Sea and Land, and all other Our Subjects whatsoever, to forbear all Acts of Hostility, either by Sea or Land, against His most Christian Majesty, his Vassals or Subjects, from & after the respective Times above-men- tioned, and under the Penalty of incurring our highest Displeasure.
" Given at our Court at St. James', the fifth Day of May, in the Twenty-first Year of our Reign, & in the Year of our Lord, 1748.
"GOD SAVE THE KING."
At a Council held at Philadelphia Thursday, 1st Sept"., 1748.
PRESENT :
The Honourable ANTHONY PALMER, Esq., President. Samuel Hasell, Abraham Taylor,
Benjamin Shoemaker, Thomas Hopkinson, Esqrs.
Captain Dowell, of the Pandour Privateer, having taken a large French Ship called the St Jaques Geneveive, Capt". Ke- raudran, bound from Hispaniola to France, on the 14th August last, which is after the time limited for Captures by His Majestie's Proclamation, the said French Captain came before the Council & pray'd liberty to provide a new Mast, his present one being exceed- ingly hurt by Thunder, & likewise to take on board a sufficiency of Provisions. His Request was granted on his using the utmost Ex- pedition, & not Landing any Goods.
Mr. Taylor inform'd the Board that he had put Officers on board who wou'd prevent the Landing of any Goods.
A written Message from the House by two Members of the As- sembly, who said that another was under the Consideration of the House, & wou'd be ready to be sent in the Afternoon, The Message was read, & it appearing that the Expences arising on the late Indian Treaty had not all this time been consider'd by the House, it look'd as if they wou'd let this lye over, whereupon the Gentlemen who drew the former Message were desir'd to prepare another on this Subject against to-morrow morning. The Council adjourn'd to the Afternoon.
A Message from the Assembly to the President & Council.
"May it please the President & Council :
" The Information you are pleas'd to give us in your Message of
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PROVINCIAL COUNCIL.
the 24th past, that 'in pursuance of His Majestie's Commands You had caused His Majesty's Proclamation for a Cessation of Arms to be publish'd here,' affords us great Satisfaction, & the greater from the Prospect there is that it will 'soon be followed by a General Peace.' The Calamities attending of War are so many & so great, that every well-disposed Mind will be humbly thankful to Almighty God for inclining the Hearts of the contending Monarchs towards Peace. And every dutiful Subject ought to acknowledge the Paternal Regard of our King, which appears in the great Care & Sollicitude he hath been pleased to shew for the Accomplishment of so salutary a Work.
"The Care you have taken to prevent the carrying of Rum amongst the Indians, and to remove the misunderstandings you judge likely to have arisen between the Government of New York & the Six Nations, and also the Measures pursued for extending our Alliances & promoting Peace amongst the Indians by the Trea- ties carried on within our own Government, and your not calling us together at a time when it could have been of little Publick Use, we very much approve.
" The Particulars of the Treaty you have been pleased to lay be- fore us, and the Charge which hath arisen by this Means, will in due time come under our Notice, & such Provision made in it as the House on Consideration shall judge reasonable.
"By Order of the House,
" JOHN KINSEY, Speaker.
"7th Mo. 1st., 1748."
P. M.
PRESENT :
The same Members as in the forenoon.
The following Message was delivered by two Members of As- sembly & read, & the former Committee appointed to draw up an answer.
A Message from the Assembly to the President & Council.
" May it please the President & Council :
"As it hath been our constant Care during the whole Time of your Administration to avoid giving just Cause for any misunder- standings between you and the Assembly, and have for this reason overlook'd things which otherwise we might have eccepted against, so we should have been very well pleased if nothing had happen'd on your part which had a contrary tendency, such as might make it necessary to shew our disapprobation of any parts of your Proceed- ings. But the Resolves of your Board, which bear date on the
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MINUTES OF THE
14th June last, publish'd in the Gazette of the 16th of the same Month, as we presume by your Order, are so very extraordinary, as that without Breach of the Trust reposed in us by our Country, we cannot forbear to speak our Sentiments of them in the manner which we think becomes the Representatives of the Freemen of the Province of Pennsylvania.
"In the first Place, therefore, permit us to observe, we know but of one Instance in which any such attempt was ever before made, viz. : in the year 1741; and the Resolution of the Assembly at that time upon it was, That for the Governor and Council to drawn in question, arraign, & censure the Proceedings of the Representatives of the Freemen of the Province in Assembly met, after the adjournment of such Assembly, is assuming to themselves a Power the Law hath not entrusted them with, is. illegal & unwarrantable, a high breach of their Privileges, & of dangerous Example. On that oc- casion the Governor allowed the properest time to have taken Notice of the proceeding in Assembly was whilst they were sitting, but ex- cused his not doing it as not knowing what they had done until after their adjournment; and if this is reasonably to be expected from a Governor who is at the head of the Legislature within the Province, it is more, reasonable to expect it from the Presidt and Council, who, by our Constitution, are no Part of the Legislature, nor are entrusted with any share in the making of Laws.
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