USA > Pennsylvania > Colonial records of Pennsylvania, Vol. V > Part 42
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" We likewise lay before the House that in the issuing of the VOL. V .- 27.
.
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MINUTES OF THE
said Bills the Act directs, That no one Borrower shall have above Sixty Pounds, for which he is to give in Mortgage of Lands in Fee Simple to double the Value, and for Houses built upon Lands sub- ject to Ground Rents to triple the Value, and on good Plate re- deemable in one Year at the Value of Six Shillings per Ounce; And the said Act also directs, That on the Twenty-Eighth Day of Feb- ruary, in the Year of our Lord 1758, all the said Bills are to be duly examined and compared by a Committee to be chosen by the Assembly, and then burnt and destroyed in their Presence.
" And we crave Leave to say, that by the moderate Sums that we have had from time to time emitted we have been enabled to shew our Loyalty to our Gracious Sovereign and make an Honourable Support for Government, improve our Lands and Commerce, and without which we should have found it impracticable to have advanced the Sum given as above mentioned to his Majestie's Use.
" Which is humbly submitted to the Correction of the House per Us,
"JEHU CURTIS, "JAMES GORRELL, "JACOB KOLLOCH."
The 20th November, 1749.
MEMORANDUM.
A Message was deliver'd to the Governor by two Members that the House was met according to their Adjournment and ready to receive any Thing he might have to lay before them. The Governor made Answer that if any thing should occur to him proper for the Consideration of the House during their Sitting he would com- municate it by Message.
The 24th of November, 1749.
MEMORANDUM.
The Governor received by the Post the following Letter from Mr. Phipps, with a Copy of an Account of the Charge of Pris- oners :
" To the Honourable JAMES HAMILTON, Esqr., Governor of the Province of Pennsylvania, &c.
" Sir :
" I am informed that his Excellency Governor Shirley had settled an agreement with the Governor of Canada (so far as related to this Government), and the Charge of transporting English Prisoners should be defrayed by the English Governments, and the Charge of transporting French Prisoners by their Government; and that upon
419
PROVINCIAL COUNCIL.
his Excellency's informing the Governors of the several Colonies, the most of them had signified their Approbation of this Methodt I am likewise informed that in the Year 1746 there were brough. into this Province in a Flag of Truce sent by the Governors of Canada, called the La Vierge de Grace, a great Number of English Captains, some of them being Europeans but the most of them be- longing to the English Provinces and Colonies in America, and that about the same Time his Excellency had sent a Flag of Truce to Canada with French Prisoners at the Expence of this Government, and that his Excellency sent circular Letters to the Governors of the English Colonies aforementioned with Lists of the several Prisoners belonging to their respective Governments, wherein he inform'd them that as soon as the Accounts of the Charges of the Flags of Truce and the Proportions of the several English Governments thereto were adjusted, he would send them to the said Governors that so they might reimburse the Governor of Canada what Charges he had been at for transporting the English Prisoners belonging to their Government. Soon after this the Court House in Boston was burnt, and therein all the Papers relating to the fitting out the French Flag of Truce, which made it necessary that those Accounts should be had from Canada, in order to state the particular Part each of the English Governments ought to bear to the Charge of transporting their Prisoners, and I find the said Accounts were sent here a little before Governor Shirley's Departure, and an Account has been stated between the said Governor Shirley and the Governor of Canada and sent to Quebec by a Person gone there for the Re- demption of Captives, and the Governor of Canada has been as- sur'd that all possible Care should be taken for recovering from each Government their Proportion of the Charge. I shall now send your Honour a Copy of the Account, by which you will per- ceive the Number of Persons belonging to your Government is six, and the Proportion of the Charge £174 8 5, which I must pray your Honour would cause to be paid into my Hands as soon as may be, and the same shall be remitted to the Governor of Canada, and I doubt not your more ready Compliance when you consider as ap- pears by the Account that this Province will be obliged to pay in Proportion beyond any other Government, as the greatest Part of the Charge of the Europeans and other uncertain Persons, both in this Vessel and another sent to Louisbourg, will fall upon them.
" I am, Sir,
" Your Honour's most humble and most obedient Servant,
"S. PHIPS."
The Charge of the Ship La Vierge de Grace amounted, as ap- pears by the Contract, to 10,000 Livres, each Livre being valued at Ten Shillings of the Currency of New England makes the Sum of £5,000.
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MINUTES OF THE
The Proportion of each Concern or Interest in said £5,000 is as follows :
59 Massachusetts Bay
-
16 The same taken at Nova Scotia
-
£2,180 4 8
75
-
-
843
0
5
6 New Hampshire
-
.
-
-
174
8 5
6 Pennsylvania -
-
-
.
174 S
5
2 Connecticut -
-
-
-
-
58
2
9
1 Bermuda - -
29
1
5
1 Annapolis Royal
-
-
29
1
5
9 Maryland
319 15
4
17 Europeans - -
-
-
494
28
11 Taken in Nova Scotia
261 12
6
6 Uncertain
174 8
5
172
£5,000 0 0 -
" Per J. WHEELWRIGHT, Commissary General. "BOSTON, New England, September 12, 1749."
And sent a verbal Message by the Secretary, recommending it to the Assembly to order the Payment of whatever shall appear to be due to the Government of Massachusetts Bay on the Estimates made in the said Accounts; and on the twenty-fifth the Governor received by two Members of the House the following Message : " That the House remember'd no Instance wherein the late Gover- nor enter'd into any publick Engagement without first communica- ting it to this House ; that they remember'd no Proposition of that sort made to them; that before they came to any Result in the Matter they were inclinable to search their Minutes, and therefore postponed the further Consideration thereof to their next sitting. And that the House proposed now to adjourn to the first of the Eleventh Month next; To which the Governor made no Objection.
-
1
The first of January, 1749.
MEMORANDUM.
Two Members waited upon the Governor to acquaint him that the House was met according to their Adjournment, and ready to re- ceive any Thing he might have to lay before them. The Governor
1
29 New York
-
-
-
58
2
9
2 New Jersey -
29
1
5
1 Shirley Galley -
-
-
-
-
174 8 5
6 Rhode Island -
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PROVINCIAL COUNCIL. .
made Answer that he had nothing at present to lay before the House, but if any Thing proper for their Consideration should occur to to him during their Sitting he would communicate it by Message.
At a Council held at Philadelphia, Wednesday, the 17th January, 1749.
PRESENT :
The Honoble. JAMES HAMILTON, Esqr., Lieutenant Gov- ernor.
Samuel Hassel,
Abraham Taylor,
Robert Strettell,
Benjamin Shoemaker,
Joseph Turner,
William Logan,
>Esquires.
Richard Peters,
The Minutes of the preceding Council were read & approv'd.
The Governor laid before the Board several Letters that had passed between him and the Governor of Maryland and the Presi- dent of Virginia, which were ordered to be entered.
A Letter from Governor Hamilton to Governor Ogle. “ Sir :
" The people have increas'd so fast in that Part of the Country which lies near the End of the Temporary Line, as the same was lately run by the Commissioners in Obedience to his Majestie's Order in Council, And such numbers have presum'd to settle and are still daily settling in a rude and disorderly Manner further to the Westward, that I am of Opinion it is become absolutely neces- sary to extend that Line to its Western Limits.
" As I doubt not that you have received the same Information with respect to the Increase of Inhabitants in those Parts, and are fully sensible of the bad Consequences that may attend tumultuous and irregular Settlements on the Borders, and that while the Tem- porary Limits are not known it will become every Day more difficult to preserve the Peace in Places so remote, I beg leave, from a sin- cere Desire to avoid every Occasion of Contention, to propose to You the extension of the temporary Line between the two Pro- vinces from the Place where it now ends to a Meridian drawn from the first Fountain of the River Patowmach, and desire you will be pleas'd to join with me in the Appointment of Commissioners to do this necessary Work. Was not the Year so far advanced I should further propose that Commissions might issue immediately, but I think it may be very well, as People always take the Spring time to remove their Families, that the Commissioners be ready to
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MINUTES OF THE
take the first Opportunity of fair Weather after the Winter breaks up.
" I am with great Regard, Sir,
" Your most obedient and most humble Servant,
" JAMES HAMILTON.
" Philadelphia, 23d September, 1749."
-
Governor Ogle's Answer to Governor Hamilton. " November 30th, 1749. " Sir :
" I received the 16th Instant the favour of your Letter of the 23d of September, and shall be always ready to do every thing in my Power to preserve Peace and good Neighbourhood on our Borders, but apprehend that our Bounds towards Virginia can never be set- tled to any Purpose without the joint Concurrence of that Govern- ment, as they are in Reality more concerned in the Extension of your western Bounds than we are.
" As the latter Part of the temporary Line was run ex parte by your Commissioners without any Check or Restraint on our Part, we apprehended they had gone to the utmost Extent of what they thought your western Bounds, but as your Letter seems to imply the contrary I should be glad to have your Opinion more clearly how far your five Degrees of Longitude will extend, and from what Part of your Eastern Boundary you think by your Charter you are enti- tled to set off at, that I may communicate your Thoughts to Lord Baltimore and the President of Virginia.
" Although this is a matter of Consequence, yet as it has no Re- lation to the other Points in Dispute I hope it may be easily settled to the mutual satisfaction of the three Governments. Iam with all imaginable Regard.
"Sir, Your most obedient and humble Servant, "SAM. OGLE."
--
A Letter from the President of Virginia to Governor Hamilton. " Sir :
" I had the Pleasure to congratulate You on your arrival to your Government by the Favour of my Friend Mr. Strettell; I had great Satisfaction when I heard of your being advanced to that Honor- able Station, because I had a very great Esteem for You ever since I had the Honour to know You.
"Upon Sr. William Gooch's leaving this Colony the Govern- ment here has devolved upon me as eldest Councellor, and I hope
I
423
PROVINCIAL COUNCIL.
the good Agreement that will subsist between Us will be of service to both Goverments.
" I am sorry that so soon I am obliged to complain to You of the insiduous behaviour, as I am informed, of some traders from your Province, tending to disturb the Peace of this Colony and to alienate the Affections of the Indians from Us.
" His Majesty has been graciously pleased to grant to some Gen- tlemen and Merchants of London and some of both' sorts Inhabi- tants of this Colony, a large Quantity of Land West of the Moun- tains, the design of this Grant and one condition of it is to Erect and Garrison a Fort to protect our trade (from the French) and that of any of the neighbouring Colonies, and by fair open Trade to engage the Indians in Affection to his Majestie's Subjects to supply them with what they want so that they will be under no necessity to apply to the French, and to make a very strong Settlement on the Frontiers of this Colony, all which his Majesty has approved and directed the Governor here to assist the said Company in car- rying their laudable Design into Execution ; but your Traders have prevailed with the Indians on the Ohio to believe that the Fort is to be a bridle for them, and that the roads which the Company are to make is to let in the Catawbas upon them to destroy them, and the Indians naturally jealous are so possessed with the truth of these Insinuations that they threaten our Agents if they survey or make those Roads that they had given leave to make, and by this the carrying the King's Grant into execution is at present imprac- ticable, Yet these are the Lands purchased of the Six Nations by the Treaty of Lancaster.
"I need not say any more to prevail with you to take the neces- sary means to put a stop to these mischievous Practices of those Traders. We are informed that there is Measures designed by the Court of France that will be mischievous to these Colonys which will in Prudence oblige Us to unite and not divide the Interest of the King's Subjects on the Continent. I am with Esteem and Res- pect,
" Sir, Your obedient humble Servant " THOMAS LEE.
" STRATFORD November 22d, 1749."
-
Another Letter from the President of Virginia to Governor Hamilton :
" STRATFORD, December 20th, 1749. " Sir :
"Since the Letter I had the Pleasure to write You I have found it necessary to write to the Lords of the Treasury, desiring their
/
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MINUTES OF THE
Lordships to obtain the King's Order for running the dividing Line betwixt this Colony and Yours, else many difficultys will arise upon seating the Large Grants to the Westward of the Moun- tains.
" In the case of the Earl of Granville and the Lord Fairfax this method was taken, and Commissioners appointed by his Majesty and those noble Lords.
" I thought it proper to acquaint you with this Step, that there may be no Surprize, and that a matter of such Consequence may meet with as little Delay as the Nature of it will admit of.
" I am, with all possible Esteem, Sir,
" Your most obedient and humble Servant,
" THOMAS LEE."
A Letter from Governor Hamilton to the President of Virginia. " Sir :
" I am honour'd with your Letter of 22d of November, acquaint- ing me with your succeeding, upon the Departure of Sr. William Gooch, to the Command of his Majestie's Colony of Virginia, upon which I very heartily congratulate both You and the Colony, wishing you much Happiness in your Administration, as I doubt not the People will receive much Ease and Prosperity under it; I am at the same time to pay you my Acknowledgements for the favourable Opinion you are pleas'd to conceive of me.
" It gives me great Concern that you should have Cause of Com- plaint against any of the Inhabitants of this Province ; you may depend that nothing in my Power shall be wanting to detect the Authors of the dangerous Insinuations you are pleas'd to mention, and make them sensible they are not to act such a Part with Im- punity. At present there happens to be none of the Traders in this City to whom I can apply for information, but as soon as they return from the Indian Countries I shall take care that they be strictly examin'd, and endeavour by all possible methods to put an end to so vile a Practice.
" As you have mentioned the large Grant his Majesty has lately been pleased to make to some Gentlemen in Virginia of Lands on the Branches of the Ohio, I am induced to desire your opinion whether it may not be of use that the Western Bounds of this Province be run by Commissioners to be appointed by both Governments, in order to assure Ourselves that none of the Lands contained in that Grant are within the Limits of this Province. If you should join with me in Sentiment that the work is necessary to be done, I shall at all times be ready to appoint Commissioners and Surveyors
425
PROVINCIAL COUNCIL.
to run the Lines in Conjunction with Persons to be commissioned by You for that Purpose.
"I am with great Regard, Sir, " Your most obedient and most humble Servant, "JAMES HAMILTON.
" Philadelphia, January 2d, 1749."
Then the Governor inform'd the Council that three several Let- ters of an extraordinary nature, in French, sign'd Celeron, were deliver'd to him by the Indian Traders who came from Allegheny, informing him that this Capt. Celeron was a French Officer, and had the Command of three hundred French and some Indians sent this Summer to Ohio and the Owabach, from Canada, to reprove the In- dians there for their Friendship to the English, and for suffering the English to trade with them. The Governor sent one of these Letters to the Proprietaries in London & another to the Governor of New York, that the same might be laid before the Ministry if they thought it proper.
A Letter from Capt. Celeron to Governor Hamilton.
" DE NOTRE CAMP sur la belle riviere a un ancien ? Village des Chaouanons, le sixieme Aoust, 1749. 5 "Monsieur :
" Ayant ete envoye avec un Detachement dans ces Quartiers par Monsieur le Marquise de la Gallissoniere, Commandant General de la nouvelle France, pour reconcilier entre elles quelques Nations Savages qui s'etoient Brouillees a l'occasion de la Guerre qui vient de finir, J'ai ete tres surpris de trouver des Negocians de votre Government dans un Pais sur lequel l'Angleterre n'a jamais aucunne Pretention, il paroit meme quon ne pense pas autrement dans la nouvelle Angleterre, puisque dans plusieurs Villages ou j'ai passe les Anglois qui y etorient en Commerce ont pris pour le plus Part la fuitte, Ceux que Je viens de rencontrer et par les quels je vous ecris. Je les ai traite avec toute la douceur possible quoy que Je fusse endroit de les regarder comme des Interlopes et des Gens Sansaveu, leur Entreprise etant Contraire aux Prelimi- naires de la Paix Signee depuis plus de quinze Mois.
" J'espère, Monsieur, que vous vondrez bien defendre pour la venir ce Commerce qui est contre les Traites; et faire avertir vos Negociants qui'ls sexposent beaucoup, s'ils reviennent dans ces con- trees et qu'ils ne doivent imputer qu'a eux les malheurs qui pour- roat leur arriver. Je scais que notre Commandant General seroit tres foche d'en venir a quelque Violence; mais il a des ordres tres precis de ne point soufrir de Negociants etrangers dans son Sou- government.
" J'ai l' Honneur des tre avec Respect, Monsieur,
"Votre tres humble et tres obeissant Servitur, "CELERON."
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MINUTES OF THE
Two Bills, One Entitled " An Act for Erecting Part of the Pro- vince of Pennsylvania, Westward of Sasquehannah and North ward and Westward of the County of York, into a County," and the Other Entitled "A Bill for amending the Laws of this Province against Killing of Deer out of Season," were presented to the Governor for his Concurrence, were read twice and approv'd, and return'd to the House with a Message that the Governor wou'd pass them when offered to him for that Purpose.
At a Council held at Philadelphia, Monday, the 22d January, 1749.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutenaut Governor.
Samuel Hassell,
Abraham Taylor,
Robert Strettell, Benjamin Shoemaker, &Esquires.
Joseph Turner,
Richard Peters,
The Minutes of the preceding Council were read & approv'd.
Three Bills presented to the Governor for his Concurrence were read, vizt. : One Entitled " An Act for the Continuance of an Act for the more easy Recovery of Legacies within this Province."
Another Entitled " An Act for Barring Estates Tail."
The Third Entitled " An Act for amending of the Act Entitled ' An Act to encourage the Killing of Squirrels within this Pro- vince.' "
To every one of which some Amendments were proposed and sent to the House along with the Bills.
At a Council held at Philadelphia, Saturday, the 27th January, 1749.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor.
Benjamin Shoemaker,
Robert Strettell, r
William Logan,
Joseph Turner, Esquires.
Richard Peters.
The Minutes of the preceding Council were read and approved.
The Governor inform'd the Board that on the 25th the House had presented for his Concurrence a Bill entitled " A Bill for amend- ing the Laws relating to the Probate of Wills," by two Members, with a Message that the House had agreed to the Amendments pro-
427
PROVINCIAL COUNCIL.
posed to the Bills returned to them, and that in Pursuance of the Expectations given him at the last Sitting they had resumed the Consideration of the Demand from the Government of the Massa- chusetts Bay relating to the Expence of bringing home the English Prisoners, and though they found no Mention in their Minutes of any Engagement entered into by the late Governor to that Purpose, yet they were willing to pay the Proportion demanded according to the Value of Livres.
As to the Bill, it appeared to him to be of too much Consequence to be taken into Consideration so near the End of a Sitting, and, therefore, he would not give them the Trouble of reading it now, but keep it till the next Sessions.
The Governor said further, that he had last Night received an- other Bill from the House, entitled " A Bill for prohibiting the Im- portation of Germans or other Passengers in too great Numbers in any one Vessel," and that he was inclinable this should likewise go over to the next Sessions, but in Regard that the Vessels which should come in this Summer might prove sickly, and that the Mem- bers at the time the Bill was presented had inform'd him that the House was inclinable to adjourn, he wou'd now lay it before them, and it was read first entirely and then by Paragraphs, and on con- sidering it the Council thought it wanted much Amendment and that some Clauses might be added which would more effectually prevent the Evils intended to be remedied by it, but as the House had signi- fied an Inclination to adjourn to-day it was amended in such Parts as wanted it most, and the Secretary was ordered to transcribe the Amendments and deliver the Bill with them forthwith to the House with this further Message, that the Governor wou'd detain the Bill for the Probate of Wills till the next Sessions.
A Message from the House by two Members while the Council was sitting that the House had agreed to the Amendments proposed to the Bill relating to the Importation of Germans, &ca-, and desired that the Governor would appoint some Members of his Council to join a Committee of that House in comparing the Bills that had had his Concurrence with the engross'd Copies, and desired farther to know when he would be pleased to receive the House in order to their presenting those Bills for his Assent, together with an Address which they had prepared.
The Governor ordered the House to wait upon him at four o'Clock in the Afternoon, and Mr. Taylor and Mr. Peters were appointed to compare such Bills as had received his Concurrence.
-
P. M.
Present as before and Abraham Taylor, Esquire.
The Speaker and the House waited on the Governor in the Council
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. MINUTES OF THE
Chamber and presented the following Bills, which having been pre- viously assented to and compared by a Committee of Council in Conjunction with a Committee of the House, were enacted into Laws, viz. :
" AN ACT for erecting Part of the Province of Pennsylvania Westward of Sasquehannah and Northward and Westward of the County of York, into a County."
" AN ACT for prohibiting the Importation of Germans or other Passengers in too great Numbers in any one Vessel."
" AN ACT for amending of the Act intituled ' An Act to en- courage the Killing of Squirrels within this Province."
" AN ACT for amending the Laws of this Province against Kill- ing of Deer out of Season."
" AN ACT for barring Estates Tail."
"AN ACT for the Continuance of an Act of Assembly of this Province entitled ' An Act for the more easy Recovery of Legacies within this Province.' "
Then the Speaker read an Address in these Words and then pre- sented it to the Governor, together with an Order of the House for Six Hundred Pounds in Part of the annual Support :
" To the Honourable JAMES HAMILTON, Esquire, Lieutenant Governor of the Province of Pennsylvania, and Counties of New- castle, Kent, and Sussex, on Delaware ;
" The Address of the Representatives of the Freemen of the said Province.
" May it Please the Governor :
" We have during this Session received divers Petitions from a considerable Number of sober and discreet Persons, Inhabitants of this City and several other Parts of the Province, who though of different Perswasions in Religious Matters, have nevertheless united in those Petitions, complaining that notwithstanding many prudent Provisions have been heretofore made by the Laws of this Province concerning Persons licenced to keep Inns and Publick Houses for the Sale of strong Liquors and the Entertainment of Travellers and the good Order to be kept in those Houses, yet contrary to the Tenor of those Laws they have of late Years very much encreased. That many of them are neither of sober Conversation nor of Ability to entertain Travellers, nor do they keep good Orders in their Houses, as by Law they ought to do, That on the contrary, most of them are Nurseries of Vice and Immorality, such as promote Drinking, Gaming, Idleness, and many gross Evils, inticing Youth and Others to the lavish Spending of their Money, wasting their Time in Tip- pling and corrupt Company, and by this Means neglecting their proper Business, impoverishing themselves and their Families, and
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