USA > Pennsylvania > Colonial records of Pennsylvania, Vol. V > Part 8
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On reading the said Petition it was the Unanimous Opinion of the Board that it should be rejected-the parties having had Notice of the intended Course of the Road; but it is thought equitable that the value of the Land, & of so much of the Buildings as was carried up before such Notice, should be paid by the Commissioners of the County.
The Governor communicated to the Board his Resolution of going to England for the re-establishment of his Health; and as the As- sembly of the Province was to sit this Evening, he proposed to- morrow to order the attendance of the Speaker and the House, and if his Health wou'd permit to declare this his Resolution to them ; and having put down in Writing what he thought proper to say on the Occasion, the Draught was read and approved.
In the Evening two Members of Assembly waited on the Gov- ernor to acquaint him that the House was met pursuant to their Adjournment, and desired to know if he had any thing to lay be- fore them; the Governor appointed the Speaker and the whole House to Attend him at Twelve O'Clock the next Day.
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At a Council held at Philadelphia, 5th of May, 1747.
PRESENT :
The Honoble. GEORGE THOMAS, Esqr., Lieutenant Governor.
Thomas Lawrence, Benjamin Shoemaker,
Abraham Taylor, Robert Strettell, Esqr's.
The Minutes of the preceeding Council were read and approv'd.
The Speaker and Assembly waited on the Governor at the time appointed, when His Honour made them the following Speech ; and as soon as he had done he delivered a fair Copy to the Speaker, who withdrew with the whole House :
" Mr. Speaker, and Gentlemen of Assembly-
" I am sorry for the Occasion of condoling with you on the Death of Mr. John Penn, late one of Your Proprietors. As his Hu- manity, Good nature, and Affibility made him much lamented by his private Acquaintance, so his constant Regard for Your Liberties and Interest would render the Loss of him very sensible to the publick, were there not still remaining two worthy Branches of the same Family.
" My own want of health, and from thence an Inability to Dis- charge the Trust committed to me with that Vigour and punctu- ality which the Duty of my Station requires, has at length deter- min'd me to embark, God willing, for England, in hopes that a relaxation from Business or the Change of Climate may afford me some Releif; And I am, therefore, glad of this Opportunity of seeing you upon your own adjournment, as that may be concluded most convenient to your private Affairs. If you have any thing imme- diately necessary for the Publick Service to lay before me, you will not fail of receiving a further proof of my Regard for it, but if the Execution is to be carried into a distant time, it will better become me to leave it to my Successor in the Government, as a means of recommending himself to the Goodwill of the People.
"It will be to no purpose for me to give a Character of my own Administration. My Lot has fallen into difficult and tempestuous Times, and a greater variety of Business has been transacted during my Nine Years Residence here, than in any time since the Settle- ment of the Province. Whether any Degree of Prudence or Skill has appeared in my Conduct must be left to the judgment of others. I will only venture to say of myself, that my Intentions have been good, and my Actions incorrupt, and that the Service of his Majesty and the Honour and Reputation of the Province have always had the preference with me to my own ease or private Interest.
" As I have received many Marks of the Publick Esteem, it will readily be believed that I take my leave of the Province with concern. I really do, and very heartily, wish it Prosperity. Some
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PROVINCIAL COUNCIL.
Memorials of my past Regard will be left with You, and I shall during my Life embrace every occasion wherein I may be useful of promoting the general Good of Pennsylvania.
"GEO. THOMAS."
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7th May, 1747.
MEMORANDUM.
Two Members of Assembly waited on the Governor to inform him that the House had prepared an Address in Answer to his Speech, & desired to know when they might Attend him in order to Deliver it; his Honour appointed 12 o'Clock the next Day.
At a Council held at Philadelphia, May 8th, 1747.
PRESENT :
The Honoble. GEORGE THOMAS, Esqr., Lieutenant Gor- ernor.
Thomas Lawrence,
Samuel Hassell,
Abraham Taylor,
Robert Strettell, Esqrs.
William Till,
Benjamin Shoemaker.
The Minutes of the preceding Council were read and approved.
The Speaker, at the head of the Assembly, waited on the Gover- nor, and in the name of the House read the following Address :
An Address from the Assembly to the Governor.
" To the Honourable GEORGE THOMAS, Esqr., Lieutenant Gov- ernor of the Province of Pennsylvania, &c. :
" The Humble Address of the Assembly of the said Province : " May it please the Governor :
" We, the Representatives of the Freemen of the Province of Pennsylvania, return the Governor our hearty thanks for his last favourable Speech. We sincerely condole with him on the Loss the Province hath sustained by the Death of one of our Proprietors. The Benevolence, Generosity, and Public Spirit of our late worthy Proprietary, his Father, are yet fresh in our view. The Regard paid to his Memory naturally devolved on his Descendants, who being Educated in like Principles and under the influence of so good an Example, gives us reason to hope for the continuance of the like Beneficence.
" As the Governor has long resided amongst us, is perfectly ac- quainted with our Publick Affairs, and so good Harmony subsists between the Branches of the Legislature, his continuance in the
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Exercise of the Government if his Health had permitted, would be most agreeable to Us. But since the Governor's Indisposition and his hopes of Relief by a Relaxation from Public Business, or Change of Climate, has determined him to imbark for England, we acquiesce under the Necessity.
"We have had divers Bills under our Consideration, which when past into Laws will, we judge, be for the general Good of the Province; but as the Time for the Governor's Departure draws near, to proceed in them at this Juncture might take up more of his Time than can well be spared, and therefore we have concluded to postpone them until some future opportunity, such only excepted (if any concur to us) as shall be thought immediately necessary for the publick Service. And we Return the Governor our grateful Acknowledgements for the Assurance he gives us, that when these are laid before him we shall not fail of receiving a further proof of his Regard.
"In Transacting of Publick Affairs it is not to be expected but that there will be a variety of Sentiments, more especially in such Difficult and Tempestuous Times as the Governor is pleased to men- tion. Yet whilst both parts of the Legislature act with Integrity and consistently with their Judgments, such a variety must be beneficial to the Publick. No body, we think, entertains any Doubts of the Governor's Skill or Abilities, and we believe that he hath been regardful both of the King's Service and the Honour and Reputation of the Province.
"The concern the Governor expresses on taking Leave of the Province-His Hearty Wishes for its Prosperity, and the Decla- ration he is pleased to make of embracing every opportunity wherein he may be useful in promoting the general Good of Pennsylvania, as they are instances of his Regard are very acceptable to Us, and engage our best Wishes for his prosperous Voyage, the Restoration of his Health, & all manner of Happiness.
"Signed by Order of the House. "JOHN KINSEY, Speaker. "3d Mon., 8th, 1747."
To which the Governor was pleased to make the following Reply : "I thank You Gentlemen for this Address. You have said full as many Things of me as I could expect. Notwithstanding your private Sentiments at this Time, more might look like putting your- selves in the wrong, considering our former Disputes. I can only repeat what I said to You a few Days ago, that I very heartily wish the Prosperity & shall do every thing in my Power for the Service of Pennsylvania."
MEMORANDUM.
Two Members of Assembly waited on the Governor & presented
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him with an Order on the Treasurer for £500 towards his Support, and inform'd him that the House was inclinable to adjourn to the 17th of August, To which he assented.
The next Day the Speaker gave His Honour an Order on the Treasurer for £211, to enable him to Discharge the Draughts of the Officers at Albany for Blankets & other Things.
At a Council held at Philadelphia the 13th May, 1747. PRESENT :
The Honoble. GEORGE THOMAS, Esqr., Lieutenant Governor.
Anthony Palmer,
Samuel Hasell,
Abraham Taylor,
Robert Strettell, Esqrs.
Benjamin Shoemaker,
The Minutes of the preceding Council were read and approved.
The Governor having some Days before intimated his determina- tion to make an addition to the Council, he now inform'd the Board that since on his Departure the Administration of the Government wou'd devole on the Council, and no Business cou'd be done by the President without the attendance of four Members, & there were now but seven who acted, he had in his Letters to the Proprietaries mention'd the necessity of a new appointment ; and in expectation of their Answer had deferr'd making it; but as the time of his Embarkation drew near, & the Vessells expected from London might not arrive, and it was of the utmost consequence both to the Pro- prietaries & the Province that this shou'd be done, he cou'd not postpone it any longer. He assured them it had given him no small concern, & he had taken all the pains he was Master of to find Gentlemen equal & willing to accept, and after long considera- tion he had thought of Mr. Joseph Turner, Mr. Lawrence Growden, and Mr. Thomas Hopkinson, and had taken measures previously to know their Inclinations, the two last were willing, but Mr. Turner had not yet come to a determination. He therefore named these three Gentlemen to be of the Council if they had no just objection to them. And each Member being seperately ask'd his opinion expressed his Approbation of the Governor's Choice; and the Sec- retary was directed to inform them of their Call to the Board, & to take care that they shou'd be summoned to the next Council.
VOL. V .- 5.
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MINUTES OF THE
At a Council held at Philadelphia.
PRESENT :
The Honourable GEORGE THOMAS, Esqr., Lieutenant Gove ernor.
Anthony Palmer,
Thomas Lawrence,
Samuel Hasell,
William Till,
Abraham Taylor,
Robert Strettell,
Esqr's.
Benjamin Shoemaker,
Joseph Turner,
Lawrence Growden,
Thomas Hopkinson,
The Minutes of the preceeding Council were read and approv'd.
Mr. Turner & Mr. Hopkinson took and subscrib'd the usual Oaths, & Mr. Growden the usual Affirmations.
The Governor having by Captain Dowers received from the Council Office His Majestie's Repeal or Disallowance of the Act of Assembly Imposing a Duty on Persons convicted of Heinous Crimes, &c., The same was read and order'd to be enter'd ; and it is recommended to the Council to lay it Before the Assembly at their next Meeting :
" At the Court at St. James, the 17th Day of December, 1746. "PRESENT :
" The King's most Excellent Majesty.
" Lord President, "Earl of Grantham,
" Duke of Argyll, " Lord Delaware,
" Duke of Atholl, " Lord Monson,
" Earl of Pembroke, " Sir John Norris,
" Whereas, in pursuance of the Powers granted to the Proprie- tarys of the Province of Pennsylvania by Letters Patent under the Great Seal, the Deputy Governor, Council, and Assembly of the said Province did in February, 1742, pass an Act which hath been transmitted, and is Intitled as follows, Viz* :
"'An . Act imposing a Duty on Persons convicted of heinous Crimes brought into this Province, and not warranted by the Laws of Great Britain, and to prevent poor and Impotent Persons being imported into the same.'
" His Majesty this Day took the said Act into His Royal Con- sideration, and having received the Opinion of the Lords Commis- sioners for Trade and Plantations, and also of a Committee of the Lords of His Majestie's most Honourable Privy Council thereupon, Is hereby pleased to Declare his Dis-allowance of the said Act, and pursuant to His Majestie's Royal Pleasure thereupon expressed, the said Act is hereby repealed, declared void and of none Effect. Whereof the Deputy Governor, Council, and Assembly of the said Province, and all others whom it may concern, are to take Notice and Govern themselves accordingly.
"WILL". SHARP."
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PROVINCIAL COUNCIL.
On Examination of the Council Books, it appears that the late Secretary, Mr. Patrick Baird, has omitted to enter several Messages which pass'd between the Governor & Assembly in the Year 1742, they are, therefore, now ordered to be enter'd at the end of this Book, the Secretary taking care to Page the Council Book, & in the Margin over against the Place they are omitted to make a proper reference to the Place where they are inserted .*
At a Council held at Philadelphia, 29th May, 1747.
PRESENT :
The Honourable GEORGE THOMAS, Esqr., Lieutenant Gov- ernor.
Anthony Palmer,
Samuel Hasell,
Abraham Taylor, 1 Esqrs.
William Till,
Robert Strettell, Benjm. Shoemaker,
Joseph Turner, Thomas Hopkinson,
The Minutes of the preceding Council were read and approved.
The Governor informed the Board that by a Letter he had re- ceived from Mr. Logan, and another which the Clerk of the Council had likewise received from him, it appeared that he had not con- sidered himself as a Member of this Board since his Accession to the Government, and requested that his Declaration and absolute Resignation might be enter'd in the Council Books, and on Reading his Letters, the Secretary was directed to make an Entry that Mr. Logan's Resignation was Accepted, and that he was no longer a Member of this Board.
The Governor then propos'd that the Secretary should write down the Names of the Members of Council according to the Order they stand on their respective Calls to the Board, which being done & read, it was unanimously agreed that the following Gentlemen, & no others, are Members of the Council, & take their Precedency as follows, vizt .:
ANTHONY PALMER, 1
THOMAS LAWRENCE, SAMUEL HASELL, WILLIAM TILL, ABRAHAM TAYLOR,
ROBERT STRETTELL, JAMES HAMILTON, BENJAMIN SHOEMAKER, JOSEPH TURNER, LAWRENCE GROWDEN, THOMAS HOPKINSON,
Esqrs.
* In transcribing the Colonial Records, the Messages have been inserted in their proper places.
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MINUTES OF THE
The Governor then recommended Mr. William Logan to be a Member of this Board, & no material Objection being offer'd, it was Agreed that he shou'd take the usual Affirmation before the Gover- nor & be admitted thereupon to his Seat at the next Council.
The above Minute was read and approv'd.
At a Council held at Philada., 6th June, 1747.
· PRESENT :
Anthony Palmer,
Thomas Lawrence,
Samuel Hasell,
William Till,
Abraham Taylor,
Robert Strettell,
Benjamin Shoemaker,
Joseph Turner,
Esquires.
Lawrence Growden,
Thomas Hopkinson,
William Logan,
The Governor having Embarqued for Great Britain, the Council in his Absence met this Day in pursuance of the Act of the 10th of her late Majesty Queen Ann, Entitled " An Act for the further securing the Administration of the Government," and the Act being read it appeared that the full Power and Authority of a Governor of the Province, Legislation excepted, is lodged in this Board.
The Rank and Precedency of the Several members of Council having been established at the last Council, & it appearing thence that Anthony Palmer, Esq., is the Eldest Councellor, he took his Seat as President of this Board.
The Board appointed Mr. Richard Peters to be Secretary and Clerk of the Council.
It being directed by the said Act of the 10th of Queen Ann that the President or first-named Member of Council that shall succeed at the time of the Death or Absence of a Governor, shall give due Notice thereof, by the first opportunity, to one of the Secretaries of State of Great Britain, and to the Board of Trade and Plantations, & also to the Governor in Chief of this Province. The Secretary was ordered to draw proper Notices, & to lay them before the Board in order to be signed by the President, & likewise to prepare Draughts of letters to be wrote to the Neighboring Governors on this occasion.
The Board was unanimously of opinion that a Proclamation No- tifying the absence of the Governor, & for the continuing of all Officers in their respective offices shou'd be issued, & the Secretary is accordingly order'd to prepare one against four of the Clock in the Afternoon, to which time the Council is adjourned.
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PROVINCIAL COUNCIL.
P. M.
PRESENT :
The Honourable the President and the same Members as in the forenoon.
A Proclamation for the continuance of Officers in their respective Offices being agreed to, the same is ordered to be engross'd and to be ready at ten of the Clock on Monday in order to be sign'd and seal'd, and the Secretary is order'd to take care that the Sheriff, Magistrates, and proper Officers be served with Notice to attend the Publication thereof at the Court House on Monday at 12 O'Clock.
A motion was made that the Board might now enter upon the consideration of the most proper Methods to be observ'd for the Dispatch of common Business; and some giving it as their opin- ion that the best way would be to make an order of Council that the President only shou'd sign the Papers of Course, enumerating what particulars shou'd be deem'd Papers of Course, for that all Papers so sign'd wou'd be look'd on as the Act of the Council, by virtue of such Vote, & others conceiving that they cou'd not legally make such Vote, as it wou'd be deem'd a delegation of the Power of the Council, & the Council being themselves only in the Place of a Lieutenant or Deputy Governor, & consequently invested in a Trust not transferable, cou'd not Delegate their Power; the question was put whether it be the opinion of the Board that the Council can legally impower the President to sign Marriage Lycences, Publick House Lycences, Pedler's Lycences, Indian Trader's Lycences, Registers of Vessells & Let Passes, without the Concurrence of at least four of the Council, & it Pass'd in the Affirmative.
The Board then took into their Consideration the alterations proper to be made in the forms of Marriage Lycences, Let Passes, Public House Lycences, & other papers of Course, and not coming to any determination, the same is referr'd to the next Meeting of Council which is appointed at 10 of the Clock on Monday Morning, and the Secretary is order'd to wait on the Attorney General to de- sire his attendance here at that hour.
The Secretary inform'd the Board that Marriage Lycences were immediately wanted, whereupon the President Signed four Marriage Lycences, and deliver'd them to the Secretary to be distributed as they shou'd be apply'd for.
The Board being of Opinion that the Council Chamber in the State House wou'd be the most commodious Place for them to meet in, the Secretary is directed to wait on the Speaker to know if the same be now in order, or can with any conveniency be put into order for the use of the Council.
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MINUTES OF THE
At a Council held at Philada., 8th June, 1747.
PRESENT :
The Honourable ANTHONY PALMER, Esqr., President.
Thomas Lawrence, .
Samuel Hasell,
Abraham Taylor,
Robert Strettell,
Benjamin Shoemaker,
Joseph Turner,
Esqrs.
Lawrence Growden,
Thomas Hopkinson,
William Logan,
The Minutes of the preceding Council was read and approv'd.
The Engross'd Proclamation was Sign'd by the President, & a Warrant to affix the Great Seal thereto was signed by the President & the four Eldest Members present. Order'd, That the same be enter'd and Printed, & Copies Dispatch'd to the Sheriffs of the several Counties to be dispers'd as usual.
" By the Honourable the President & Council of the Province of Pennsylvania.
" A PROCLAMATION.
" Whereas the Honourable George Thomas, Esq"-, Lieutenant Governor and Commander-in-chief of this Province hath embarqued for Great Britain, and by his Absence the Exercise of the Powers of Government, by virtue of an Act of Assembly pass'd in the Tenth Year of the Reign of the late Queen Ann, is devolved on and lodged in Us, We have therefore thought fit to Publish and De- clare that all persons whatsoever who held or enjoy'd any Office of Trust or Profit in this Government, by virtue of any commissions in Force at the time of the said Governor's Departure, shall con- tinue to hold and enjoy the same Offices until they shall be deter- min'd by Us or some other sufficient Authority. And we do hereby command and require all Judges, Justices, and other Officers whatsoever, in whom any Publick Trust is reposed in this Govern- ment, that they diligently proceed in the Performance & Discharge of their respective Duties therein for the Safety, Peace, and Well being of the same.
" Given at Philadelphia, under the Great Seal of the said Province, the Eighth Day of June in the Twentieth Year of the Reign of our Sovereign Lord, George the Second, by the Grace of God of Great Britain, France, and Ireland, King, Defender of the Faith, &ca.
" ANTHONY PALMER, President.
" By Order of the President & Council.
" RICHARD PETERS, Secry. "GOD SAVE THE KING."
The Attorney General being consulted on the alterations neces-
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PROVINCIAL COUNCIL.
sary to be made in the Forms of Lycences & other Papers of Course, the same were settled.
Order'd, That the President sign all Marriage Lycences, Publick House Lycences, Indian Trader's Lycences, Registers of Vessells & Lett Passes.
The President laid before the Board a Letter from Monsieur Chastenoy, Lieutenant General of the French Leeward Islands, Dated the 12th May last at St. Domingo, directed to Governor Thomas, & delivered to the President by one Captain Rogers, who arrived yesterday in a Flag of Truce from Petit Goava, in Hispaniola, which being read, the Consideration thereof was postpon'd to the Afternoon.
The Sheriff & other Officers waiting to attend the Council to the Court House, the Board adjourned to 5 of the Clock.
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P. M.
PRESENT :
The Honourable ANTHONY PALMER, Esqr. President. Samuel Hasell,
Robert Strettell,
Benjamin Shoemaker,
Joseph Turner,
1
Laurence Growden,
Thomas Hopkinson, Esqrs. William Logan,
The Letter and Papers brought by the Captain of the Flag of Truce from Hispaniola being again read, and the purport thereof being that the Flag was sent at the Instance of some English Pris- oners, in number Eight, who were taken by the French and carried into Leogane, & that there were likewise Shipt on board Three Negroes and a Mulatto, taken by a French Privateer in a Bermu- dian Sloop, Capt". Dickenson, & on their own alligations of being Free the Governor of St. Domingo requested that if it shou'd ap- pear that they were not free, they might be sent back by this Sloop to be delivered to the French Captors.
Captain Rogers attending without, was called in & told that en- quiry would be immediately made into the Condition of the Negroes & Mulatto, and an answer given as soon as the Council shou'd be inform'd of the Truth. Capt" Rogers then told the Council that his Sloop cou'd not go to Sea without being Careen'd, & praying Liberty to do it; the same was granted, & it was recommended to him to use all the Dispatch possible. for as there were no French Prisoners in this port to give in Exchange he wou'd not be de- tain'd, & the Council expected he wou'd stay no longer time here than was absolutely necessary to repair & victual his Vessel.
Mr. Turner & Mr. Logan were appointed a Committee to ex- amine the Negroes and Mulatto, and were desir'd to make all the
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enquiry possible into their respective Conditions that the President might be enabled to write an Answer to Monsieur Chastenoy's Letter.
Mr. George Crogan, a considerable Indian Trader, inform'd the Secretary by Letter that he had traded this Winter on the Borders of Lake Erie with a Nation of Indians called -, who were formerly in the French Interest, but are now come over & have begun Hostilities along with some of the Six Nations against the French, & that he had there received from them a Letter, with a String of Wampum & a French Scalp, to be deliver'd to the Gov- ernor of Pennsylvania, & as he was prevented by Indisposition from waiting on the Governor himself, he had sent them by his Servant; and further desiring the Secretary to inform the Governor that as this Nation was of great Consequence on account of their Numbers & Alliances, the Government wou'd do send them, immediately, a Present for their Encouragement, & if they were dispos'd to do so he wou'd forthwith dispatch a Servant with it; and on reading the Indian Letter & Mr. Croghan's Letter, the Council were of opinion that they shou'd be communicated to the Speaker.
At a Council held at Philadelphia, June the 11th, 1747. PRESENT :
The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell,
Abraham Taylor, Robert Stretell,
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