USA > Pennsylvania > Colonial records of Pennsylvania, Vol. V > Part 38
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" AN ACT for the new Appointment of Trustees of the General Loan Office of Pennsylvania, and for the making current Five thousand Pounds in new Bills of Credit, to exchange such of those now by Law current as are torn and defaced."
" AN ACT to regulate Horse Jockeys and Dealers in Horses, &. to prevent the bringing into this Province for Sale such as are small, unsizeable, or unsound."
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" AN ACT to encourage the Killing of Squirrels within this Pro- vince."
" AN ACT for amending the Laws relating to the Partition and Distribution of Intestates Estates."
The Speaker then presented the Governor with an Order for £400, & inform'd his Honour that the House propos'd to adjourn to the Seventh of August, to which no objection was made ; then the Speaker with the House withdrew.
At a Council held at Philadelphia, Saturday, the 11th of March, 1748.
PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov- ernor.
Samuel Hasell,
Abraham Taylor,
Robert Strettell,
Joseph Turner, Esqrs.
Thomas Hopkinson,
The Minutes of the preceding Council were read & approv'd.
John Salkeld having complain'd to the Board that if the High- way leading from Philadelphia to New Castle shou'd be laid out so wide as sixty foot to the front of some Lands which he held on both sides the Road near Chester Bridge, according to the order of the late President & Council, it wou'd interfere with another Road laid out by the County Court and be an exceeding damage to him, & the Commissioners who laid out that Road having had notice to attend, both Parties were called in & examin'd, & it not appearing that John Salkeld had any just Cause of Complaint his Petition was dismiss'd.
The Governor laid before the Board a Letter from Mr. Ogle, dated at Annapolis the tenth of February, complaining of a breach of the Peace committed by one Samuel England & William Hay, Under Sheriff of Chester County, in serving a Writt on & dispos- sessing one of the Inhabitants of Maryland, together with sundry Depositions to prove the fact, which were read.
Order'd, That the Letter with the Depositions be copied & sent to the Persons complain'd of, & that they be required to attend the Governor & give him a full & true Account of the Affair that he may enabled to give a proper answer to the Letter.
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PROVINCIAL COUNCIL.
At a Council held at Philadelphia, Friday, 17th March, 1748. PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov- ernor.
Samuel Hasell, Abraham Taylor, 1
Robert Strettell,
Joseph Turner, Esqrs.
Thomas Hopkinson,
The Minutes of the preceeding Council were read & approv'd.
An Express arriv'd from Mr. Cookson, Prothonotary of Lan- caster County, with a Letter that Adam Furney, of Conewago, over Sasquehanna, was shot dead by an Indian in Liquor as he stood at his own Door; that the Indian was immediately seiz'd & carried before Justice Schwoop, at the town of York, & there detained by him 'till the Governor shou'd give Orders what shou'd be done with him. The Tract of Land where the fact was committed being (thro' to the Northward of the Temporary Line) held under a Maryland Patent by Mr. Diggs, & as such the Temporary Juris- diction seeming by the Royal Order to be given to Maryland, whereupon the Secretary was examin'd, & it appearing by what he said that the very spot where Furney was kill'd was on a careful Survey made by the Deputy Surveyor of Lancaster County found to be within the Lines of Mr. Digges' Patent, on a complaint formerly made by the Governor of Maryland to Governor Thomas, the Royal Order was read; and tho' it appear'd plain enough to the Board that this Tract was within the words of the Royal Order, yet as it was an Affair of the utmost Consequence to the Inhabitants of Lancaster County & to the Rights of the Proprietaries, they de- termin'd to consult the Attorney General & to take his opinion as to the directions proper to be given by the Governor to Justice Schwoop.
MEM'N.
In another Letter receiv'd soon after from Mr. Cookson, the above Account was contradicted, Furney tho' shot recover'd, & so nothing further was done.
At a Council held at Philadelphia, Wednesday, 22d March, 1748.
PRESENT :
The Honoble. JAMES HAMILTON, Esqr., Lieutenant Gov- ernor.
Thomas Lawrence, Abraham Taylor,
Robert Strettell, Joseph Turner, Esqrs.
Thomas Hopkinson, William Logan,
The Minutes of the preceding Council were read & approv'd.
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Justice Ruston & Justice Emmet attending by appointment of the Governor to answer some Charges that were exhibited against them for male Administration in the Execution of their Office in several Petitions preferr'd to the Governor by the Inhabitants of Chester County, & the Petitioners likewise attending with their Evidences to make good their Accusations, the Parties were call'd in, & after a long Examination of the Witnesses on both sides, it appeared to the Board that Justice Ruston had acted an imprudent & unjustifiable Part, & that there were Parties subsisting among the Presbyterians in that part of the Country about Points of Re- ligion which had but too much imbitter'd the Spirits of the Magis- trates of that Persuasion.
At a Council held at Philadelphia, Saturday, 22d April, 1749. PRESENT :
The Honourable JAMES HAMILTON, Esq., Lieutenant Gov- ernor.
Samuel Hasell,
William Till,
Abraham Taylor,
Robert Strettell,
Benjamin Shoemaker,
Joseph Turner,
Esqrs.
Thomas Hopkinson,
William Logan,
The Minutes of the preceding Council were read and approv'd.
The Governor observ'd to the Board that the Commissions of the Peace being only of force by virtue of his Proclamation, & as it was usual for Governors to renew them at or soon after their Ac- cession to the Government, he proposed to issue new Commissions, & desir'd the favour of the Board to recommend proper Persons to be Magistrates for the several Counties, & particularly at this time for the County of Lancaster, that Court sitting next Week, where- upon the Board took this Affair into Consideration, & the following. Persons were agreed to, viz. : Thomas Edwards, Edward Smout, Emanuel Carpenter, Conrad Weiser, Samuel Smith, John Kyle, James Galbreath, Thomas Cookson, James Whitehill, Edward Ber- wick, James Gillaspy, William Maxwell, Samuel Anderson, John Postlethwaite, George Swope, the Chief Burgess of the Borough of Lancaster for the time being, William Parsons, Bernard Vanleer, James Wright, James Webb, George Croghan, William Hartly, Thomas Foster, David McClure, James Smith, John Day, Robert Dunning, Robert Harris, Patrick Watson, Mathew Dill, & Jedediah Alexander.
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PROVINCIAL COUNCIL.
At a Council held at Philadelphia, Monday, 15th May, 1749. PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov- ernor.
Thomas Lawrence, Abraham Taylor,
Robert Strettell, Benjamin Shoemaker, Esqrs.
Thomas Hopkinson,
William Logan,
The Minutes of the preceding Council were read and approv'd.
The Governor inform'd the Board that having while he was at New Castle receiv'd a Packet from His Grace the Duke of Bedford, dated at Whitehall the 6th of February, 1748, containing His Majestie's Proclamation of Peace and His Grace's Letter signifying His Majestie's Commands to have the same Published in all Places within His Government, he had accordingly issued a Proclamation at New Castle & propos'd to do the same here, & after reading the Letter and His Majestie's Proclamation, which are as follows :
" WHITEHALL, 6th February, 1748.
" Sir :
" A Definitive Treaty of Peace and Friendship having been con- cluded at Aix-la-Chapelle the 7th Day of October last by the Pleni- potentiaries of His Majesty, the Most Christian King & the States General of the United Provinces, to which the Empress, Queen of Hungary, the Kings of Spain & Sardinia, the Duke of Modena, and the Republick of Genoa, having acceded, & the Ratifications thereof having been since exchanged, His Majesty has been pleased to com- mand me to transmit to You the Proclamation which he has thought fit to issue on that occasion, & to signify His Pleasure to you that you cause the same to be published in all the proper Places in your Province, to the end that all His Subjects do take Notice of His Royal Will & Pleasure therein & conform themselves thereto ac- cordingly. I am,
"Sir, Your most humble Servant, "BEDFORD."
" By the KING. "A PROCLAMATION.
" Whereas, A Definitive Treaty of Peace & Friendship between Us, the Most Christian King, & the States General of the United Provinces, hath been concluded at Aix-la-Chapelle the seventh Day of October last, to which the Empress, Queen of Hungary, the Kings of Spain & Sardinia, the Duke of Modena, & the Republick of Genoa, have acceded, & the Ratifications thereof have been since
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exchanged ; In conformity thereunto We have thought fit hereby to command that the same be published throughout all our Do- minions. And We do declare to all our Loving Subjects our Will & Pleasure that the said Treaty of Peace and Friendship be observed inviolably, as well by Sea as Land, and in all Places whatsoever, strictly charging & commanding all our Loving Subjects to take Notice hereof, & to conform themselves thereto accordingly.
"Given at our Court at St. James' the first Day of February, 1748, in the Twenty-second Year of our Reign.
" GOD SAVE THE KING."
His Honour laid before the Board the Draught of a Proclamation to be Publish'd here, which was read & approv'd, & is as follows :
"By the Honourable JAMES HAMILTON, Esqr., Lieutenant Gov". & Commander-in-Chief of the Province of Pennsylvania & Coun- ties of New Castle, Kent, and Sussex, on Delaware.
" A PROCLAMATION.
" Whereas, His Majesty hath lately thought fit to issue His Royal Proclamation in the words following, viz :
"'G. R. :
"' Whereas, a Definitive Treaty of Peace and Friendship between Us, the Most Christian King, & the States General of the United Provinces hath been concluded at Aix-la-Chapelle the seventh Day of October last, to which the Empress, Queen of Hungary, the Kings of Spain and Sardinia, the Duke of Modena, & the Republick of Genoa, have acceded, & the Ratifications thereof have been since exchanged ; In conformity thereunto We have thought fit hereby to command that the same be published throughout all our Dominions. And we do declare to all our Loving Subjects our Will & Pleasure that the said Treaty of Peace & Friendship be observ'd inviolable, as well by Sea as Land, & in all Places whatsoever, strictly charg- ing and commanding all our Loving Subjects to take Notice hereof & to conform themselves thereto accordingly.
"' Given at our Court at St. James' the first Day of February, 1748, in the Twenty-second year of our Reign."
" And Whereas, a Copy of the said Proclamation hath been transmitted to me by His Grace the Duke of Bedford, one of His Majestie's Principal Secretaries of State, who hath signified to me that it is His Majestie's Will & Pleasure the same should be pub- lisbed at all the proper places in my Government, I have, there- fore, in obedience to the Royal Order signified to me as aforesaid, with the advice of the Council, caused the said Proclamation to be this Day published, And do hereby strictly charge & command all His Majestie's Subjects within this Province to take Notice of Ilis
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Royal Will & Pleasure therein, & conform themselves thereto ac- cordingly.
" Given under my Hand and the Great Seal of the Province of Pennsylvania, at Philadelphia, this Seventeenth Day of May, in the Twenty-second Year of the Reign of our Sovereign Lord, George the Second, King of Great Britain, France, & Ireland, &ca, in the Year of our Lord One thousand seven hundred and forty-nine.
" JAMES HAMILTON.
" By His Honour's Command, " RICHARD PETERS, Sec'ry. "GOD SAVE THE KING."
And it was agreed that the same shou'd be published at the Court House on Wednesday at 12 o'Clock, & that the Sheriff, Supreme Judges, Mayor, & Commonalty of the City of Philadelphia, & all Magistrates & other Officers should have Notice, & be commanded to give Attendance that the same might be perform'd with the utmost Solemnity.
At a Council held at Philadelphia, Wednesday, 17th May, 1749. PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov".
Anthony Palmer,
Thomas Lawrence,
Samuel Hasell,
William Till,
Abraham Taylor,
Robert Strettell,
Esqrs.
Benjamin Shoemaker,
Thomas Hopkinson,
Joseph Turner, William Logan,
The Minutes of the preceding Council were read & approv'd.
The Governor & Council, preceded by the Sheriff and his Offi- cers, and attended by the Supreme Judges, Mayor, Alderman, & Common Council of the City of Philadelphia, & a large company of Gentlemen, went in Procession to the Court House & there pro- claim'd the Peace.
At a Council held at Philadelphia, Friday, 19th May, 1749.
PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov'. Thomas Lawrence, Samuel Hasell,
Abraham Taylor,
Robert Strettell,
Benjamin Shoemaker,
Joseph Turner,
Esqrs.
Thomas Hopkinson.
The Minutes of the preceding Council were read & approv'd.
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Mr. Lardner, Keeper of the Great Seal of the Province, and Mr. Richard Peters, who as Secretary of the Province and of the Land office had the Custody of the two lesser Seals, brought them into the Council, and after the word (John) and the Date were punch'd out and the place fill'd up so as to make a plain surface, the Great Seal was return'd to Mr. Lardner and the other Seals to Mr. Peters, and they withdrew.
Then the Governor inform'd the Board that He had received a letter from the Proprietaries, directing that Mr. Richard Peters might be called to the Council Board, and as He thought with the Proprietaries that Mr. Peters might be an useful Member, He pro- pos'd to do it immediately, if they had no objection; and every One expressing his satisfaction at the appointment, Mr. Peters was call'd in and took the Oaths as a Member of Council.
The Governor told the Board that he had call'd them to resume the Consideration of Governor Ogle's Letter of Complaint against Samuel England & William Hay, Sub-Sheriff of Chester County, for the Service of a Writ issuing out of Chester Court on a Tract of Land lying to the South of the Temporary Line & part of Talbot's Manor in Maryland, which was read in these words, viz. :
" ANNAPOLIS, 10th February, 1748.
" Sir :
" As the inclosed Papers relate to the Peace of both Provinces, I am persuaded you would desire to have the earliest Notice of what might interrupt it.
" These Copies of Affidavits will inform you that two Persons in possession of Lands two Miles to the Southward of the Temporary Line held under this Government manys Years before and in & ever since the Year 1738, were about a Year ago forcibly turned out of their Possessions, and one of them carryed under Confinement into Nottingham, & there compell'd to enter into a Bond for the Payment of £10 10s., in order to procure his Releasement & pre- vent an Imprisonment in Chester Goal. This outrage appears to have been committed by one William Hay, Sub-Sheriff of Chester County, on behalf of Joseph England, who then set up a Claim to the Land, & was also present with his Son Samuel England.
" Joseph England is lately dead, and his Son Samuel having, from a Sense of his mistaken Claim, applyed for his Lordship's Lease of all such part of those Lands as the Agent may think proper to give him, I need not trouble You about. the future Possession; But that unwarrantable behaviour of William Hay, as well as of Samuel England (who is an Inhabitant of Chester County), so plainly in disobedience to the third Article of the two Proprietaries' Agree- ment, confirm'd and inforc'd by His Majesty's Order of the 20th May, 1738, leaves me no room to doubt of your Assistance, not only in discouraging any future violence of the like kind, but also for
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bringing the present Offenders to Justice at the next April Assize Court of Cecil County in this Province, where a Presentiment some- time ago was made against them.
" I think myself indespensibly oblig'd to be the more earnestly pressing on this point, by His Majesties Order of the 18th of Au- gust, 1737, injoining 'The Governors of these two Provinces upon pain of incurring his highest displeasure not to permit or suffer any Tumults, Riots, or other outragious Disorders to be committed on the Borders of their respective Provinces, but that they do im- mediately put a stop thereto, & use their utmost Endeavours to preserve Peace, &ca." This part stands confirmed by that subsequent Order of 1738."
" As a strict complyance with those Orders must be attended with Peace to the People & a good understanding between ourselves, you may be assured of every endeavour in my Power to attain those ends.".
"I am, Sir, Your most obedient, humble Servant, " SAM. OGLE."
And to consult on a proper answer to be return'd to Governor Ogle; that finding some difficulty in tracing the first settlement of the Land on which the Arrest was made, he had inform'd Mr. Ogle of this by Letter, which was read in these words :
" Sir :
" Your Letter of the 10th of February, containing a complaint against Will™. Hay & Samuel England for Misbehaviour to your Government, came not to my Hands till the middle of March, which is a circumstance I think it necessary to acquaint you with, least you may imagine I have not paid you so great a regard to what you are pleased to mention to me, as the Importance of the thing & your recommendation of it justly require at my Hands.
"I assure you, Sir, I have nothing more at heart than to pre- serve Peace on the Borders of the two Governments, for which pur- pose I no sooner receiv'd your Letter than without delay I ap- ply'd myself to make the Enquiries that are nceessary to lay that Matter in a clear light before you, which I apprehend is not fairly stated in the Affidavits you were pleased to transmit to me. This I flatter'd myself I should have been able to have done by the pre- sent Conveyance, but having been disappointed in the examination by the absence of certain Persons whose testimonies I am told are considerable in the Case, I must beg your patience sometime longer till I can fully inform myself of the whole Transaction, and if it shall be found these People have acted against the Royal Order, I shall not hesitate one Moment to do what is incumbent on me
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in an Affair wherein the Peace of the two Provinces is so nearly concern'd.
"I am, with geat Regard, Sir, your most obedient Servant, " JAMES HAMILTON.
" Philadelphia, April 17th, 1747."
That Samuel England having been before him & minutely ex- amined, he thought it best that what he said shou'd be reduc'd to writing & affirm'd to by him; that Samuel England was further order'd to furnish him with his Title to the said Land & such In- formation, on Oath or Affirmation, as any of his Neighbours of good Credit cou'd give about the Settlement & Possession of the Place at or before May, 1738. That having but just received the necessary Papers he thought it his Duty immediately to lay them before the Board for their Judgment.
Then the Secretary was order'd to read first Mr. Ogle's Letter & the proofs in support of the Complaint, & then the Depositions & Papers in support of Samuel England's Right to that Land under Pennsylvania; all which being read & duly consider'd, the following Letter was form'd, read, and approv'd :
"Sir :
"I have carefully inquired into the Rights of Joseph England, deceas'd, under the Proprietaries of Pennsylvania, to the Tract of Land in Nottingham, on which you suppose a trespass committed by him, his Son Samuel, and one Hay, the Under Sheriff of Ches- ter County, & find :
" That one Steelman sometime before the Year 1706 or 1707 cleared & was possessed of a Tract of Land, part of the five hundred Acres claimed by Joseph England in his life time. That some- time in those Years one James Brown purchased it from Steel- man, took possession of & occupied it until the Year 1713, when dying he devised it to his Son William Brown. The Devisee en- ter'd into it & soon after in that year, under the Proprietors of Pennsylvania, Surveyed Five hundred Acres of Land, including Steelman's improved Ground. Under this Warrant & Survey Wil- liam Brown continued seized until the Year 1716. In that year he died & left the possession in his Widow Esther. She sold the five hundred Acres to Benjamin Vining of the City of Philadel- phia, who afterwards in the Year 1723 sold the same to Joseph England. I cannot find from any of the Depositions that Steel- man, either of the Browns, the Widow Esther, Benjamin Vining, or Joseph England, through all these Transactions, ever did any any Acts that shew they held the Land under Lord Baltimore or owned obedience to the Jurisdiction or Laws of Maryland. On the contrary, as a point decisive, it appears Joseph England, who was in possession of the Land when the Royal Order was made, did at
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that time acknowledge obedience to the Jurisdiction & Laws of this Province by paying Taxes in & serving as a Juryman for the County of Chester.
" To prove these Matters you have Copy of the Survey, Vining's Deed, & Sundry Depositions inclos'd.
" As I apprehend the Settlements of Robert Mitchell & Mary McFadein are within the five hundred Acres Survey'd & Possessed, as far as possession can be without actual cultivation of the whole under this Province, permit me from the Depositions transmitted to observe with respect to their Rights under your Proprietor, that John Dawson says Steelman took up Two hundred Acres of Land in Talbot's Manor under a Maryland Right. When he was examin'd in this Province, which is in nature of a cross-examination upon the ex parte Deposition taken in yours, he declar'd he knew not of any Right Steelman had to settle the Land under either Province. Jere- miah Brown, the Son of Brown the purchaser from Steelman, says the same. You have their Depositions inclosed. But can you think it agreeable to reason or the Interests of the several Proprietors to admit general declarations, frequently founded on hearsay & opinion, as sufficient evidence to prove their granting rights, when such Acts are always in writing, & for the most part publickly register'd ?
"I can't find from the Depositions with certainty that Mitchell & McFadein or those they claim under, were in possession at the time of the Royal Order. Some general words intimate the Land was always possess'd, and in the words of the Deposition deemed under the Lord Baltimore. But as such possession is capable of more particular proof, certainly it ought to be given.
" Admitting their possession, how does it appear they held under your Proprietor ? John Dawson says the Land was held under Maryland, without mentioning any Acts done by the Possessors to to shew such Tenure, except the Payment of Customs & Duties. I don't understand what they were or under what Laws. Generally, in all His Majesty's Dominions Duties & Customs may be paid by a Foreigner that has Lycence to trade, & in the Plantations they are often particularly impos'd on the King's Subjects who reside out of the Government. You will favor me with an explanation. As far I can learn by your Constitution, all the Inhabitants of each County are annually taxed to defray the County Charge, which taxes are collected from them by the Sheriff, & they are obliged oc- casionally to serve in Public Offices & as Jurymen. The taxing serving in Public Offices, or as Jurymen, may be proved by your Records & Payments by the Sheriff's Receipts. Any of these Acts, at or just before the time of the Royal Order, properly testified, will give Satisfaction that they held under your Government. But if no such Facts, or some others equivalent, can be made appear, & they had no rights under your Proprietor, they shou'd be regarded by both Governments as freebooters. And then being possessed of
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part of a tract of Land Surveyed under the Proprietors of Penn- sylvania they ought to be consider'd as Persons holding under them, for under them they must hold if under any. Shou'd this reasoning, just as it appears to me, be contravened, perhaps it may shake the possessory Rights of many who hold Lands near the bor- ders as under your Proprietor.
" I can't approve of the method taken by your Courts & Officers in sending Complainants against our Inhabitants about Crimes done near the Borders, & wherein jurisdiction is concerned, to your Jurys. It is not unlikely the Courts & Jurys in each Province may differ in Sentiment about the same Rights & the jurisdiction depending upon them. Experience has shown they have done so, & what were the Consequences? The King's Subjects were pun- ished in one Government for what was deemed lawful & right in the other, & sacrificed by the disagreement of two independent Powers. To remedy these Mischiefs was the Royal Order made, & the several Governors are thereby specially required to prevent them. To You then ought the application to be made in the first Instance, and upon Notice I should not have failed to do the injured Parties justice as far as my Power extended. I may mistake, & shall with pleasure be convinced, but to me it appears clear that in point of jurisdiction in criminal matters the first and only resort on this side the Water ought to be to the several Governors, and to His Majesty in the last.
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