USA > Pennsylvania > Colonial records of Pennsylvania, Vol. V > Part 56
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" Enfin, le quatrième Anglois nomme Jean Pathin habitant de Wellensthoun, a ete arrete dans le fort Francois des Miamis, par M™- de Villiers Commandant dans le dit Poste.
" La Capture de ces quatre Anglois nedoit point vous Surprendre, il est Certain, Monsieur, qu'ils ne se sont Hazardes, a venir, s'il faut ainsi dire, sous le Canon de Sa Majeste T. C. que dans des vues pernicienses.
" En voice la preuve :
" 1º: Aucun de ces Anglois n'ignoroit les Deffenses que MT. de Celoron fit au Naitteurs Anglois en 1749, les Deffenses sont pup-
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liques dans tous les lieux de la nouvelle Angleterre, et par conse- quent ils sont dans leur Fort, des qu'ils ne s'y sont pas renfermes.
" 2°. On ne peut pas dire qu'ils fussent a Agonout-ont pour faire leur traitte avec les Sauvages, parce qu'ils n'etoient munis que de Presents pour leur distribuer.
"3º. Il est si evident qu'ils voulient tenir un Council avec les Sauvages a tous egards fureste aux Francois qu'ils ont Campe dans un lieu que Nicolas Chef huron rebele aux Francois avoit choisi pour s'y fortifier, ils vouloient sans doute porter les Sauvages a auvoir les memis Sentiments que Nicolas, et s'attacker le plus aceredite pour faire revivre se chef quie est mort, et faire executer son iniquet Project.
" 4º. Ce qu'il y a de remarquable, et de decisif, c'est que le chef de ces trois Anglois nomme Lui Arrwin, paste te toutes les Langues Sauvages est habitue dans les pays d'Enhaut et est tres Capable de les faire Souscrire, a ce qu'elle Souhaite.
" Cette preuve est si parfaitte, qu'elle est sans replique. Quant a Jean Pathin, et etoit alle dans le fort des Misamis, pour deter- miner les Sauvages qui Y ont reste, a se joindre a ceux qui Le sont refugies a la Belle Riviere, il a ete pris dans le fort Francois, il n'en faut pas d'avantage.
" Le peu d'effets qui ont ete Saisis a ces Prisonniers, ont ete re- clamis par les Sauvages a Eitre de pillage.
" Ils n'ont pointe ete maltraittes Mr. Cuyler en a vutrois en cette ville qui sont libres, et qui ne manquent de rin.
" Il na tenu qu'a Jean Pathin de jouer de la meme liberte, mais il est si mutin et a fait tant de menaces que j'ay ete oblige de la faire mettre en Prison a Quebec.
"Vous voyez Monsieur, que les tratteurs Anglois n'ont plus aucun menagement, que rien n'est capable de les contenir, et qu'ils redoublent leurs efforts pour Soulever les Nations Sauvages contre les Francois; Il est tems d'y remedier, et vous ne Sauriez la faire assez promptement.
" Si aucun Francois etoit assez malin pour faire la mondre chose qui fut prejudiciable aux Angelois, Je lue fairoit Subit le plus severe chatiment, et s'il sen trouvoit d'assez entreprenants pour aller sur les terre du Roy de la Grande Bretagne, Je les desavoue des a present et consens que vous assuriez de leur Personne.
" Mr. Cuyler aura l'honneur de vous rendre conte de tous les egards que j'ay en pour luy, et que je luy ay accorde mon autorite pour toutes les affaires, qu'il a eu a terminer dans cette Colonie, quoique les Francois n'y ayent aucune part directement ni indirecte- ment.
" Il pourra vous dire combien je desire Sincerement de retablir l'intelligence la plus parfaitte entre les sujets de Nos Gouverne-
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ments, c'est a quoy je M'attacherai toujours, et des que votre Ex- cellence joindra ses soins aux miens, nous naurons pas de peine a y reussit.
"Je ne dois pas vous cacher Monsieur, que le Sr. Cuyler votre depute a amene icy avec luy, le Sr. John Cuyler son Frere duquel il n'est point fait mention dans Son Passeport, Il m'a ete raporte que le dit Jean Cuyler qui est un Commercant traittoit d'affaire de Commerce avec les Francois meme avec les Sauvages et qu'il etoit toujours en Conference avec eux dans la Maison ou il a ete loge en cette ville, ce qui ne convient Nullement.
" J'ay l'honneur de prevenir votre Excellence, que je donne mes ordres pour qu'on renvoye dans la Nouvelle Angleterre tous les An- glois qui viendront dans cette Colonie sans avoir un Passeport de leur Gouverneur.
" J'attendray avec impatience votre Response,
"J'ay l'honneur d'etre avec respect, Monsieur,
" Votre tres humble et tres obeissant Serviteur,
"LAJONQUIERE."
At a Council held at Philadelphia, Tuesday the 15th of October, 1751.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor.
Thomas Lawrence, Robert Strettell, Esquires.
Benjamin Shoemaker, Richard Peters,
The Minutes of the preceding Council were read and approved.
A Message was delivered last night from the House by Six Mem- bers that the House were met agreeable to Charter and had chosen their Speaker, and desired to knew when and where they might present him.
The Governor appointed the next Day at eleven of the Clock in the Council Chamber, at which time the Secretary was sent with a verbal Message that his Honour was ready to receive the House ; and they being accordingly come, Isaac Norris addressed the Gov- ernor saying that he was unanimously chose Speaker, and with the Governor's Concurrence wou'd accept the Office and discharge it to the best of his Power. The Governor approving the choice of the House, the Speaker proceeded to claim the usual Privileges, Viz':
" That the House, during their Sitting in Assembly, may enjoy Freedom of Speech in all their Propositions and Debate's.
"That the better to discharge the Business of the Publick they may at all seasonable times have free access to the Governor.
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" That their Persons and Estates may be protected from all Ar- rests and Insults during the time of Privilege accustomed.
"That it would please the Governor to take no notice of any Re- port touching any matter or thing that may be moved or debated in the House until the same shall have passed into a Resolve, nor give the least Credit to such Report; and Lastly,
"That his own, the Speaker's, unwilling mistakes may be excused, and not imputed to the House." All which he requested as the just Rights and Privileges of the People of Pennsylvania, derived and confirmed to them by the Charters and Laws of the Province; and the Governor was pleased to say that he looked on these several Claims as the just and undoubted Rights of the House, and should never violate them.
The Accounts of the Expenses of the Nantycoke Indians in August last were read and ordered to be laid before the House, with a Request that they be immediately discharged.
A Message was sent by two Members that the House inclin'd to adjourn to the first Monday in February next if the Governor had no objection to the time. His Honour told them he had no Ob- jection.
At a Council held at Philadelphia, Wednesday, the 4th of March, 1752.
PRESENT :
The Honourable JAMES HAMILTON, Esqr., Lieutenant Gov- ernor.
Thomas Lawrence,
Robert Strettell,
Benjamin Shoemaker,
Lawrence Growden, Esquires.
William Logan,
Richard Peters,
The Minutes of the preceding Council were read and approved.
On the third of February, 1752, Two Members delivered a verbal Message to the Governor, informing him that the House was met according to Adjournment, and desired to know if he had any thing to lay before them, and the Governor was pleased to say that he had nothing to lay before the House at present; but if any thing proper for their Consideration should Occur to him during their Sitting, he would communicate it by Message.
The twentieth of February, 1752, a Bill Entitled " An Act for erecting Part of the counties of Philadelphia, Chester, and Lan- caster into a Separate County," was delivered by two Members to the Governor for his concurrence.
The twenty-First of February, Another Bill Entituled "An Act for erecting the North-West part of Bucks into a Separate County," was sent to the Governor by two Members for his Concurrence.
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The twenty-sixth of February, another Bill Entituled " An Act for striking the sum of forty thousand Pounds to be made Current and emitted on Loan, and for re-emitting and continuing the Currency of the Bills of Credit of this Province," was delivered by two Mem- bers to the Governor for his Concurrence.
The twenty-eighth of February, Two Members waited upon the Governor with a Bill Entituled " An Act to regulate the Assize of Bread," for his Concurrence.
The twenty-ninth of February, two other Bills, one Entituled " An Act to prevent Disputes about the Dates of Conveyances and other Instruments and Writings," and the other Entituled " An Act for regulating Attachments under Five Pounds," were sent by two Members to the Governor for his Concurrence.
This morning another Bill Entituled " An Act for directing the Choice of Inspectors in the Counties of Chester, Lancaster, York, Cumberland, Berks, and Northampton," was delivered to the Gov- ernor by two Members for his Concurrence.
All which Bills were read by the Council for the first time, and then the Bill to prevent Disputes about the Dates of Conveyances and other Instruments and Writings was returned to the House without any Amendment, and the Bill to regulate the Assize of Bread with one proposed Amendment, with a Message by the Secretary that the Governor was ready to pass the former Bill into a Law, and also the other Bill in case the House agreed to his proposed Amend- ment, and that he would give those other Bills under his Con- sideration all the Dispatch in his Power.
At a Council held at Philadelphia, Friday the 6th of March, 1752.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor. 1
Robert Strettell, Lawrence Growden, 7 Benjamin Shoemaker, Joseph Turner, Esquires. William Logan, Richard Peters,
The Minutes of the preceding Council were read and approved.
Yesterday a Bill Entituled " A Supplement to the act entituled ' An Act for regulating of Pounds,' " was delivered by two Mem- bers to the Governor for his Concurrence, and read the first time.
The Bill for erecting Part of the Counties of Philadelphia, Ches- ter, and Lancaster, into a Separate County, and the Bill for erect- ing the North-West Part of Bucks into a Separate County, and the Bill for directing the Choice of Inspectors in the Counties of Ches- ter, Lancaster, York, Cumberland, Berks, and Northampton, were
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read-the first agreed to without any amendment, the second with some Amendments, and the third with one Amendment, and all were ordered to be returned to the House.
The Bill for striking the sum of Forty Thousand Pounds to be made Current and emitted on Loan, and for remitting and continuing the Currency of the Bills of Credit of this Province, was read a second time, unanimously disapproved, and ordered to be returned to the House with the following Message :
A Message from the Governor to the Assembly.
" Gentlemen :
" When I consider that by our strongest Sollicitations and with great Difficulty this and the Southern Colonies were saved out of the late Act of Parliament 'restraining the Northern Colonies from creating or re-emitting any Bills of Credit except on sudden and extraordinary Emergencies,' and that this Favour was shewn to Us in particular by the British Parliament upon Representations made on our Behalf that we had never exceeded the Bounds of Modera- tion with regard to the Quantities by Us made, and that the last Emission was of only the Sum of Eleven Thousand one hundred and Ten Pounds, I cannot think it adviseable at this time, when . those Representations are fresh in the Memory of that Honourable Board, to whose Consideration it is well known all our Laws are re- ferred, to offer the Crown an Act of Assembly not only for the re- emitting our Present Currency for a long Term of years, but for a new Emission of a larger Sum than was ever at one time made in the Province, because I am apprehensive that such a Conduct may probably subject Us to the Displeasure of his Majesty and the British Parliament, and thereby endanger our present Paper Money, or at least render future Applications for additional Sums less effec- tual. For these Reasons I cannot give my assent to the Bill before me for striking Forty Thousand Pounds to be made current and emitted on Loan, and for re-emitting and continuing the Currency of the Bills of Credit of this Province.
" March 6, 1752."
"JAMES HAMILTON.
MEMORANDUM.
On the sixth Instant, at night, the Governor received a Certificate sign'd by the Justices and under the Seal of the Court of Common Pleas for the County of Philadelphia, setting forth a formal Con- viction of Isaac Griffitts, Esquire, Sheriff of the said County, of neglect of his Duty and Contempt of the said Court; Whereupon his Honour order'd the Council to be summoned the day following, but none attending and the Business of the said Court suffering for want of a Sheriff, He issued a Commission under the Great Seal, VOL. V .- 36
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setting forth the neglect of Duty in the said Sheriff as certified by the said Court, and constituting Samuel Morris, Esquire, Sheriff, in Room of the said Isaac Griffitts, who took the Qualifications by Law enjoined in his Honour's Presence, and was proclaimed Sheriff at the Court House in the City of Philadelphia, all the Magistrates of the said County attending, together with many of the principal In- habitants.
At a Council held at Philadelphia, Tuesday the 10th of March, 1752.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor.
Thomas Lawrence, Robert Strettell, / Esers.
Benjamin Shoemaker
Joseph Turner,
William Logan,
Richard Peters,
The Minutes of the preceding Council were read and approved.
The Governor having received by two Members a Bill Entituled " An Act for preventing Bribery and Corruption in the Election of Sheriffs and Coroners within this Province," and another Bill Enti- tuled, " An Act for Regulating and Establishing Fees," and like- wise a Message in answer to his about the Paper Money Bill, the same were read and the Assembly's Message order'd to be enter'd, which follows in these words :
Message to the Governor from the Assembly.
" May it please the Governor :
" As the Bill for striking Forty Thousand Pounds to be made current and emitted on Loan within this Province, and for re-emit- ting and continuing the Currency of the Bills. of Credit of this Province, was agreed upon by the House after a long and very serious Deliberation ; we were well assured that the Bill as then sent up to him would have tended greatly to the Welfare of this Province had the Governor been pleased to pass it.
" But to obviate every objection, and to demonstrate how far we are from being desirous of 'exceeding the Bounds of Moderation,' even at this time when our Gold and Silver is in a great Measure exported to Great Britain in Return for the commodities received from thence, and our Trade really languishes for want of an addi- tion to our Paper Currency, we now present the Bill with a Deduc- tion from the sum to be struck, which we hope the Governor will find so much below what our Trade and Commerce and the Inter- est of the Merchants and Manufacturers of Great Britain trading to this Province require, that it cannot fail of meeting his approba- tion.
" We have examined the Votes of the House of Commons for the
-
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last Year, and observe with great satisfaction how tenderly and pa- tiently they proceeded against the four Northern Colonies 'where the miserable condition of their Trade, and the Injustice done to the Widows and Orphans as well as the British Merchants, from the excessive Emission of their Bills of Credit in opposition to some of the Deputies of the Assembly,' and a great Number of Petitions from the most considerable Inhabitants of Rhode Island, who rep- resented those Emissions as totally unnecessary, and in no Respect wanted, might have induced that Honourable House to have acted with less Reserve.
" Before such Judges, where the state of our Currency has been repeatedly called for and examined, we beg Leave to assure the Gov- ernor we have no apprehensions of Danger, being well assured that upon the severest Scrutiny it must appear to be the advantage of the Trade of our Mother Country in full Proportion to what we can expect or hope to reap among ourselves.
"By a Message from the Governor to the Assembly in February, 1748, we observe he hoped it would not be thought unreasonable if he took some time to get the best Information to enable him to form a right Judgment upon the Bill for making current Twenty Thousand Pounds then before him, and that the Delay might not be attended with any considerable Inconvenience to the People, as there was confessedly at that time a greater Sum current (Gold and Silver included) than at any time before ; and again on the tenth of August, 1749, he judged it might be attended with very bad con- sequences to the Province to increase the Quantity of our Currency, whilst a Bill was depending in Parliament for restraining the Issu- ing the Bills of Credit in the Colonies of America, To all which the then Assembly very prudently submitted and proceeded no farther upon the Bill.
" But at this Time when those Reasons are answered by the great Exportation of our Gold and Silver, and when the Parliament, after so strict an Enquiry, have not found cause to include us in the Restrictions laid upon the Four Northern Colonies, we hope the objection to a Re-emission, which by this Bill is continued no longer than Six Years beyond the Time limited by the Act in Force, can now have no weight when a further addition, as appears clear to us, is become absolutely necessary, there having been but an inconsider- able sum added to our Paper Currency for these twenty years past, tho' within that time the number of our Inhabitants and our Trade are greatly increased; and, therefore, upon reducing the sum at present desired so very low as we have now done, we trust the Governor will readily oblige us and our Constituents by giving his assent to the Bill.
"Sign'd by Order of the House,
"ISAAC NORRIS, Speaker.
" March 7, 1752."
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The council read the Bill for Regulating of Pounds for the second time, and were of opinion that it manifestly interfered with the Pro- prietary Rights, and was therefore returned to the House with this Message :
" A Message from the Governor to the Assembly.
" Gentlemen :
"As the supplementary Bill before me to the Act Entituled "An Act for erecting of Pounds in each Township of the Province," ap- pears to me manifestly to interfere with certain Rights which the Honourable Proprietaries have claimed and received since the first Settlement of the Province, I cannot give my assent to make that Bill a Law.
"JAMES HAMILTON.
" March 10th, 1752."
The Paper Money Bill was likewise order'd to be returned with the following Message :
" A Message from the Governor to the Assembly.
" Gentlemen :
"The Reasons offered in Your Message of the Seventh Instant for my passing the Bill to re-emit our Current Paper Money, and striking the additional Sum of Twenty Thousand Pounds, I have perused and considered with the attention due to matters of so great Importance. But as our present Bills of Credit will continue to be current for more than four Years without any Diminution, and the Prices of our Export Commodities in my opinion shew we are not in immediate want of Money as a Medium of Commerce, making the best Judgment I am able of what has lately passed in England concerning Paper Currencies in America, I cannot see my passing the Bill in the Light the Assembly does, and therefore cannot give my assent to it. It is no uncommon thing for men to differ in Sen- timents; whenever it happens between different Branches of a Legislature cach Part should be guided by their own understand- ings and the Dictates of their own Consciences. This Rule I am perswaded you never swerved from, and therefore must the readier approve of my observing it.
"JAMES HAMILTON.
" March 10th, 1752."
The Governor, by his Secretary, return'd to the House the Bill for preventing Bribery and Corruption in the Election of Sheriffs and Coroners within this Province, with a verbal Message-"That he was ready to pass that Bill into a Law when it should be pre- sented to him for that Purpose."
With respect to the Fee Bill and the Attachment Bill, they both appearing to contain Matters of too much moment to be settled at
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the close of a Session, they were detained by the Governor, and the following Messages sent by the Secretary to the House, Viz. : " That he was commanded by the Governor to acquaint the House that the settling a general Bill of the Fees to be taken by all the Officers of the Government is a matter of very great Importance, and will in his opinion require more time and consideration than the shortness of the present Session will admit of, and therefore he inclines to keep the Bill under Advisement till the next meeting of the Assembly."
And "That he was further commanded by the Governor to in- form the House, That he is a friend to the Design of the Bill for regulating Attachments under Five Pounds, but thinks it stands in need of more corrections and Alterations than can be well gone into at Present, and that by the next meeting of Assembly he will endeavour to amend it in such manner as to make it answer the good Purposes intended by it."
At a Council held at Philadelphia, Wednesday the 11th of March, 1752.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor.
Thomas Lawrence, Robert Strettell, 1
Benjamin Shoemaker, Joseph Turner, Richard Peters, Esquireș. William Logan,.
The Minutes of the preceding Council were read and approved.
A Message was yesterday by two Members delivered to the Governor, that all those Bills which had passed the House with his Concurrence were, with his Amendments, agreed to and ingrossed, and that the House desired he would be pleased to appoint some of the Council to meet a Committee of this House in order to com- pare the said Bills; And further, desired to know what Time the Governor would be pleased to appoint, that the House should wait upon him in order to the Passing the same into Laws.
Mr. Strettell and Mr. Peters having by the Governor's Appoint- ment compared the Bills, the House, with their Speaker at their head, presented to the Governor Six compared Bills, which He enacted into Laws, and are Entituled as follows, Viz:
" AN ACT for erecting Part of the Counties of Philadelphia, Chester, and Lancaster into a separate County."
" AN ACT for erecting the North-West Part of Bucks into a Separate County."
" AN Acr to regulate the Assize of Bread."
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" AN ACT to prevent Disputes about the Dates of Conveyances and other Instruments and Writings."
" AN ACT for directing the Choice of Inspectors in the Counties of Chester, Lancaster, York, Cumberland, Berks, and Northamp- ton."
" AN ACT for preventing Bribery and Corruption in the Elec- tion of Sheriffs and Coroners within this Province."
Then the Speaker presented the Governor with an order on the Treasurer for Four Hundred Pounds.
Afterwards two Members acquainted the Governor from the House that they inclined to adjourn to the tenth of August next, to which he made no objection.
At a Council held at Philadelphia, Friday the 24th of April, 1752.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor.
Thomas Lawrence,
Joseph Turner, Richard Peters,
Robert Strettell, Esquires.
The Minutes of the preceding Council were read and approved.
The Record of the Proceedings of the Supreme Court held at Philadelphia for the city and county of Philadelphia, the sixteenth and seventeenth Instant, before William Allen, Lawrence Growdon, and Caleb Cowpland, Esquires, was read, whereby it appears that one John Webster of the City of Philadelphia in the said county, Labourer, was found guilty of Felony and Burglary in breaking and entering into the Mansion House of William Clemm, in the City and County aforesaid, in the night time of the third Day of September, in the twenty-fourth Year of his present Majestie's Reign, and that Sentence of Death had been pronounced upon him. As he was known to have been capitally convicted at New Castle, and had committed many crimes of the most henious nature since that, and as the Judges did not say anything in his Behalf, the Ex- ecution of the said Sentence is ordered to be on Saturday the second of May, between the hours of ten and two, of which the Sheriff and Criminal are to have immediate Notice.
Andrew Montour having earnestly and repeatedly applied for Permission to live in some of the Plantations over the Blue Hills in Cumberland County, the Governor declined giving his leave till he shou'd have conferred with Mr. Weiser and Mr. Peters on the Subject, and after a good deal of Consideration it was thought proper, as numbers had lately gone to settle there and others were
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daily crowding into those Parts, that Andrew Montour shou'd be furnished with a Commission under the Lesser Seal to go and re- side there in order to prevent others from settling or from dealing with the Indians for their consent to settle, and accordingly the following Commission was sign'd by the Governor, and the Lesser Seal put to it:
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