USA > Pennsylvania > Colonial records of Pennsylvania, Vol. V > Part 9
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Joseph Turner, Thomas Hopkinson, Esqrs. William Logan,
The Minutes of the preceding Council were read and approv'd.
The President laid before the Board a Letter from Governor Shirley, which came by the Post, dated at Boston the 1st Instant, purporting-" That the Indians of the Six Nations were generally engaged in the War against the French, owing in a great measure to the influence & prudent management of Collo. Johnson & Mr. Lydius, who have in this Service laid themselves under such En- gagements to the Indians as they are not able to fulfill without proper Supplies from the Governments of His Majestie's Colonies of North America ; and as it may of the last consequence, if these Gentlemen shou'd not be enabled to perform their Contracts with the Indians, he was requested by the General Assembly to repre- sent this in a pressing Letter to the Governor of Pennsylvania, & to desire him to lay the same before the Assembly that they might thereby be induc'd to contribute handsomely towards this import- ant & necessary Service."
The Council took it into their Consideration whether they shou'd
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issue Writts for the Summoning of the Assembly, and it being the Sentiments of all the Members that previous to their doing this it wou'd be proper to communicate the Contents of Mr. Shirley's Letter to the Speaker, & to know from him whether, as it was a very busy time of Year with the Country Members, it wou'd be better to call them now or to postpone the laying the Letter before them till their time of Meeting on their own Adjournment, which was the 17th of August next, Mr. Lawrence and Mr. Strettell were appointed to confer with the Speaker on this, & likewise on the Contents of the Letter received from the Tugans.
The Secretary informing the Board that the Indian Interpreter, Mr. Weiser, was charg'd with a Message to the Indians at Shamokin, to notify to them the Death of the Late Prop" Mr. John Penn, & likewise the Departure of Governor Thomas, and that a Letter might reach him before he set out the Board directed the Secretary to Send Mr. Weiser a Copy of Governor Shirley's Lett" & to write to him a full & proper Letter on the Subject, adding thereto that he shou'd be sure to give the Indians the strongest assurances that the President & Council wou'd not be wanting to pay the same Regards to the Indian Nations as had always been shewn them by this Government.
At a Council held at Philadelphia the 13th June, 1747. PRESENT :
The Honourable ANTHONY PALMER, Esqr., President.
Thomas Lawrence,
Abraham Taylor,
Benj". Shoemaker,
Robert Strettell, Esqrs.
Joseph Turner, Thomas Hopkinson, 7
Mr. Lawrence & Mr. Strettell reported that they had conferr'd with the Speaker, agreeable to what was requir'd of them at the last Council, and that he was of opinion that the Country Members wou'd not like being call'd from their Business in the midst of Harvest, besides there lay some just objection why this Province shou'd not send the Supplys in the manner & for the Service they were requested; But this Answer not appearing to the Council a sufficient Justification for not calling the Assembly, the said two Members were requested to wait on Mr. Kinsey again, & desir'd he wou'd consult with such of the Members of Assembly as lived in Town, and that he wou'd be present at the next Council.
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At a Council held at Philada. the 15th June, 1747.
PRESENT :
The Honoble. ANTHONY PALMER, Esq., President.
Thomas Lawrence,
Samuel Hasell,
Abraham Taylor,
Benjamin Shoemaker,
Joseph Turner,
Thomas Hopkinson,
Esqrs.
William Logan,
The Minutes of the preceding Council were read and approved.
Mr. Kinsey was told yt the Council looking on the contents of Governor Shirley's Letter to be of great Moment, had desir'd a conference with him; that knowing his Sentiments & those of such other Members of Assembly as cou'd be easily spoke to, they might be the better enabled to come to a determination what to do.
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Mr. Kinsey said he had consulted with his Brother Members, and they were all of opinion with him, that shou'd they be now called to meet in Assembly they wou'd not Answer Governor Shir- ley's Expectations. Their principles were too well known to give any reason to believe they wou'd Contribute to offensive Warrs ; besides, it had long been his Opinion that whatever Presents were made to the Indians they should be given immediately to them by this Pro- vince by their Interpreter, & it should be known for what Services he as well as those he had convers'd with were Strangers to the Contract made by Mr. Lydius & Collo Johnson, and it might be of such a nature as neither the Indians of the Six Nations nor this Province wou'd approve of. He cou'd assure the Council that the Assembly was never averse to making proper Presents to the In- dians, & it was probable, if this Request was left to be made to them when they shou'd meet on the 17th of August next, the time to which they stood adjourn'd, the Assembly wou'd give a sum of Money to encourage the Indians in their Zeal for the Interest & Service of the Colonies.
Mr. Kinsey withdrawing, the Council thought it would be to no purpose to call the Assembly now for the reasons mention'd by Mr. Kinsey, & therefore requested the President to write an Answer to Governor Shirley, wherein he wou'd be pleased to set forth their Proceedings & their Reasons for postponing the Application to the Month of August, the usual time of the sitting of the Assembly for the Dispatch of Business.
Mr. Turner reported that he & Mr. Logan being appointed to examine whether the Negroes & Mulatto brought by Capt". Roger in the Flag of Truce were free or not, on their giving Orders to have brought before them, they were inform'd that Capt" Benj". Dickenson, the very Person who Commanded the Sloop to which Negroes belong'd when they were taken by the French Privateer, passing by Captain Roger as he was coming up the Bay of Dela-
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ware the Negroes made themselves known to him, whereupon he demanded them of Captain Roger, who was weak enough to deliver them up to him. The Captain attending without, was called in, & being examin'd, acknowledged that he had deliver'd the Negroes & Mulatto to Captain Dickenson.
Order'd, That Captain Roger put the whole Transaction in wri- ting, & that he & Mr. Wilson depose to the Truth of it before the Council.
Mr. John Mackey deliver'd to the President in Council a Letter directed to Governor Thomas, which he said was given him by his Excellency Don Diego de Penalosa, Lieutenant Governor for the King of Spain at the Havanna, and on its being translated it ap- peared to be Dated at the Havanna, 31st May, 1747, & to contain in Substance that " there Sail'd last Year from the Port of the Ha- vanna, on a Cruize, the Privateer Frigate called the "St. Christo- pher," & the privateer Brigantine called " our Lady of the Rosary," alias, "the Fame," the Property of the Royal Company of the Island of Cuba, that upon their return the Brigantine was Shipwreck'd on the Keys, & her People came to Baracao in the Lanch; that some time after the St. Christopher arrived, whose Crew informed that they had taken & dismissed on a Ransome for Four thousand Dol- lars an English Frigate, Commanded by Alexander Mathiew Row- erdon, bound from London to Pennsylvania, where, as they have been since inform'd, she arrived safe ; that the two Ransomers were Dead, one in the beginning of the Voyage before the Shipwreck, the other afterwards in going to Barracoa in the Lanch, as appears more at large by a Certificate attested by Dr. Domingo Antonio De Aristegni, Second Capt" of the St. Christopher, who was ordered to give the said Certificate in the Absence of the other Officers, pray- ing that in conformity thereto the Gover of Pennsylvania wou'd vouch safe to give orders that the Four thousand pieces of Eight agreed for & justly due may be paid to the Order of the President and Directors of the said Royal Company."
A Petition from Uty Perkins in Philada Goal was read, setting forth that he was convicted of Horse Stealing, & sentenc'd to re- ceive 21 Lashes, & to pay £30 for the support of Government, praying that as he had suffer'd the Corporal Punishment his Fine might be released.
Order'd, That he give bond for the £30, & be Discharg'd paying his Fees & departing the Province forthwith.
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At a Council held at Philadelphia, 18th June, 1747. PRESENT :
The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence,
Samuel Hasell,
Abraham Taylor,
Benj". Shoemaker, Esqrs.
Joseph Turner,
Thomas Hopkinson,
The Minutes of the preceeding Council were read and approv'd.
The President laid before the Board a Letter which he had wrote to Gor" Shirley in answer to his of the 1st Instant, which being read, was approved & ordered to be enter'd.
" Sir :
"Governor Thomas being gone to England for the Recovery of his health, your letter of the 1st Instant, address'd to him, was sent to me as President of the Council of this Province; and as the Administration of the Government in the Absence of a Governor devolves on the Council, I immediatly on Receipt thereof laid it before them, & have the honour to inform You that the Council thinks with you that shou'd there be a failure of any Engagements enter'd into by any of His Majestie's Colonies with the Indians, now that they have actually begun Hostilities against the French, it might prove of the last Consequence to every Province on the Con- tinent. Was the Disposition of the Public Money in the Council such a Resolve wou'd have been forthwith taken as the Importance of the Service demanded; but this being in the Assembly, which is not now sitting, the only step in the Power of the Council was to convene them in order to lay your letter before them ; and this wou'd have been done had it not been discourag'd by the Speaker of the As- sembly, to whom Your Letter was communicated, who on conferring, at the Instance of the Council, with such of the Members of As- sembly as live in or near the City, gave it as his & their opinion that shou'd the County Members be obliged to leave their Family's before the Harvest was over they might not meet in a good humour, & thereby the Intent of calling them might be frustrated; but as they were set on their own Adjournment on the 17th day of Au- gust next, if the Letter was then laid before them there might be more hopes of success; at least there was reason to believe that the Assembly wou'd go into giving Presents to the Indians in their own way-their Principles not permitting them to give to such a purpose as you apply for. Your knowledge of Assemblies will in- duce You, I make no doubt, to think with the Council that these previous Steps were proper to be taken, & that as these are the Sentiments of the Speaker, & of the leading Members of the House, it wou'd answer no purpose to convene them against their will, & that no more remains to be done than when they meet to lay Your
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Letter before them, which you may be assured will be done, & noth- ing omitted that can be thought will give weight to the Application. " I am Sir,
" Your most obed' h'ble Seryt. " ANTHONY PALMER.
" Philada., 18th June, 1747.
" His Excellcy. Willm. Shirley, Esq" .??
The Precedent's Letters to the Secretary of State, to the Lords Commiss™s. of Trade & Plantations, & to the several Governors, were likewise read & approved.
At a Council held at Philadelphia the 26th June, 1747.
PRESENT :
The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence,
Samuel Hasell,
Abraham Taylor,
Robert Strettell,
Benjamin Shoemaker,
Joseph Turner,
Esqrs.
Thomas Hopkinson,
The Minutes of the Preceeding Council were read and approv'd.
The President laid before the Board sundry Papers deliver'd to him by one James Vincent de Pre, Captain of a French Ship called " the Fortune," which came in here yesterday carrying a Flag of Truce. On perusal of his Despatches it appeared that he came from New Orleans, on the River Mississippi, in Louisiana, and was bound to Cape Francois, in Hispaniola; that there being at New Orleans sev- eral English Prisoners who earnestly requested that they might go with Capt". De Pre and be put into New York or any other Colony belonging to his Britannick Majesty, he was permitted to take them & deliver them accordingly. Among the Prisoners were Captain Alexander Forbes of London & Capt" Taylor of this Port, who at- tending with Capt" De Pre were called in, & being examin'd con- firm'd the Contents of the Dispatches. They assur'd the Council that the French Capt". brought Seventeen French Prisoners into this Port at their own Request, who must otherwise been detain'd at New Orleans & there have suffer'd many hardships, & that they were treated with great humanity by him and his People, in return for which they thought he was entitled to the favour of every Eng- lish Government. Capt". De Pre being told that as there were no French Prisoners here to give in Exchange he was at liberty to pro- ceed on his Voyage forthwith. He thank'd the Council, & pray'd Liberty to take in such Quantity of Provisions, Liquors, and other Necessaries as he wanted; weh was granted, & he was told to use all
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the Expedition Possible, & that the Secretary wou'd give him his Dispatches the beginning of the week.
A Petition was presented to the President & Council by David Cochran & John Glenn, Inhabitants of Chester County, setting forth that they & many others had just Cause of Complaint against Job Ruston, Esqr., one of His Majestie's Justices of the Peace for Chester County, praying that a Day might be appointed to hear their Complaints.
Order'd, That the Petitioners be heard on the 17th of August next, & that Justice Ruston be previously inform'd by them of the Causes of Complaint, that he may be prepar'd to make his Defence.
At a Council held at Philadelphia, the 29th June, 1747. PRESENT :
The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell, r Abraham Taylor, Robert Strettell,
Benjamin Shoemaker,
Joseph Turner, Esqrs.
Thomas Hopkinson,
The Minutes of the preceding Council were read and approv'd.
Captain Roger & Mr. Wilson attending without, were called in, & having reduc'd into writing the Transaction between the said Captain Roger & Capt" Benjamin Dickinson, touching the Delivery of the three Negroes and Mulatto, made oath to the same, and a Certificate of the said Oath being prepared and approv'd, the Presi- dent was desir'd to attest it under the Lesser Seal of the said Pro- vince, which was accordingly done; and the President having pre- par'd a Letter to Monsieur Chastenoy, inclosing said Certificate, it was read and approv'd.
Order'd, That the Secretary prepare a Let Pass, such as is usual in these Cases, for Capt" Rogers, & that the President Sign it un- der his Seal at Arms, & that Capt" Rogers' Dispatches be deliver'd to him this Afternoon, & he be told that the Council commands & expects he will go away immediately.
The Secretary having prepared a Certificate or Let Pass for Capt™- Jacques Vincent De Pre, the President signed it under his Seal at Arms.
Order'd, That the Secretary deliver to Capt". De Pre his Dispatches this Afternoon, & tell him that the Council expects he will not stay longer than to Day.
The Council apprehending from the Circumstances of the Pro- vince that some mischievious consequences may ensue from Flags of Truce coming directly up to the Port without previous Notice being
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given to the Government, they are unanimously of opinion that it is necessary for the safety and Trade of this Province that all Vessels coming as Flags of Truce shou'd be laid under some Restrictions & Regulations, and that a Proclamation should be prepared for this purpose, and Mr. Lawrence, Mr. Hassell, & Mr. Hopkinson, are appointed a Committee to consider the Regulations necessary to be made, and to prepare a proper Proclamation.
The Council took into Consideration the Letter deliver'd by Mr. John Mackey from the Governor of the Havannah to the President in Council, of the 15th Instant, and Mr. Hopkinson saying that a Cause having been brought before him, as Judge of the Admiralty, wherein the Friends of the Hostages for the 4,000 Peices of Eight mention'd in the Spanish Governor's Letter were Plaintives, & the Owners & Freighters of Captain Rowerdon's Vessell were Defend- ants, & that in pursuance of his Decree the Money, or a great part of it, was collected & paid into the hands of Mr. Willing & Mr. Sober, to be remitted to the Spanish Captors for the Release of the said hostages, the Council was of opinion that it would well become the Honour of this Government to endeavour that the Money be ex- peditiously paid or remitted for the use of the Royal Company of the Isle of Cuba, & recommended it to Mr. Hopkinson to speak to Mr. Willing & Mr. Sober to Pay the Money, or to give reasons why they can't, that the Council may know what Answer to make to Monseiur Penelosa.
Mr. Turner inform'd the Council that there were in this Port . several Spanish Negroes taken by the Philadelphia Privateers, & as they alledg'd they were free, & the Judge of the Admiralty on their Examination was of opinion that it might be so, & wou'd not con- demn them to be sold as Slaves, a great Expence had accrued in maintaining them, and as he was one of the Owners of the Priva- teers, he was desir'd to apply to the Council, by the other Gentle- men concern'd with him, for Liberty, at their own Expence, to send a Vessel to the Havanna with these Negroes under a Flag Truce, & they desir'd, further, that the Council wou'd be pleased to set forth the whole matter in a Letter to the Spanish Governor at the Havanna, requested that if the Negroes shou'd be found to be free they might be discharg'd, otherwise be return'd for the use of the Captors.
The Council conceiving the motion to be just and reasonable, gave Liberty to the Owners of the Privateers to send a Vessel to the' Havanna, & promised the Privilege of the Flag & a Letter, such as Mr. Turner moved for.
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--
At a Council held at Philada. the 1st of July, 1747.
PRESENT :
The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence,
Samuel Hasell,
Abraham Taylor,
Robert Strettell,
Benjamin Shoemaker,
Joseph Turner,
Esqrs.
Thomas Hopkinson,
The Minutes of the preceding Council were read and approv'd.
Mr. Lawrence, one of the Committee appointed by the last Coun- cil to consider the Regulations proper to be made with respect to Flags of Truce, deliver'd their Report in writing, which being read Paragraph by Paragraph was approved, & order'd to be enter'd :
" To the Honble. the . President & Council of the Province of Penn- sylvania.
" We, the Committee appointed by this Honble. Board to consider of Ways and Means for preventing the Inconveniences which may arise to this Province from the coming in of foreign Vessels carry- ing Flags of Truce, do Report as followeth, to wit:
" As a thorough knowledge of the Bay and River of Delaware, and of the present defenceless State of this Province, may encourage our Enemies to form some Enterprise which may prove fatal both to Us and the Neighbouring Governments, We think it absolutely necessary to prevent, if possible, all foreign Vessels carrying Flags of Truce from coming up the Bay and River of Delaware, and to that End we humbly propose ---
"1. That a Proclamation be immediately issued by the Honble. the President and Council, strictly enjoining and commanding all Pilots and Mariners that they do not presume, on any pretence what- soever, to conduct, Pilot, or bring up any foreign Ship of Vessel carrying a Flag of Truce, or pretending to carry a Flag of Truce, into the Limits of this Government, without a special Lycence first had and obtained for that purpose from the Honble. the President & Council.
"2. If notwithstanding such Proclamation, any Ship or Vessel carrying a Flag of Truce should come into this Port or within the Limits of this Province without Lycence as aforesaid, We are of opinion that the Council should immediately meet on the first No- tice thereof, & order the Sheriff or some proper Officer directly to go on board such Vessel and bring the Captain or Chief Officer before the Council, there to be examin'd, and that the Vessel be forthwith ordered down to such Place as the Council shall approve, and that a prosecution be ordered against the Pilot for acting contrary to his
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Duty & Allegiance in introducing His Majestie's Enemies within this Government without Lycence ;
"3. That it be requested by this Board of His Honour the Presi- dent that he would be pleased at his first Meeting of the Council of New Castle, Kent, and Sussex, on Delaware, earnestly to recom- mend to them the Regulations and Restrictions following, or such others as they shall judge most proper for their safety as well as ours, vizt. :
" That the Laws now in force in that Government relating to Pi- lots be strictly put in Execution, and that a Proclamation issue for that purpose if they think it necessary.
" That the Pilots be forbid the taking Charge of any foreign Vessel carrying a Flag of Truce, until the Chief Commander thereof shall have come on shore with some of the English Prisoners, and have given a Satisfactory Answer to such particulars relating to the occa- sion of the Voyage, the Condition of the Vessel, and the People on Board, as the Magistrates at Lewis shall think fit to demand.
" In case the Letters or Dispatches brought by such Commanders be directed to the Governor or Council of Pennsylvania, that the said Council of the three Lower Counties would be pleased to give Order that the said Letters be immediately conveyed to Philade at the Expence of this Government, and that in the mean time the Pilots be forbid to proceed with such Vessel to the Northward of Lewis Town Road until the special Permission of the Council of the said three Lower Counties be obtained in Writing, nor to the North- ward of Marcus Hook until a Lycence be obtained in like manner from the President & Council of Pennsylvania.
" That (as our Enemies becoming acquainted with the Navigation of the Bay may be attended with the most dangerous Consequences both to the People of the said Counties and to those of this Province) the Council of the said Three Lower Counties be desir'd in no Case to grant permission to foreign Vessels coming with Flags of Truce to proceed up the Bay, unless there shall appear to be an absolute Necessity, which it is supposed can very seldom happen, since (it is presumed) this Government will chearfully pay the Expence of bringing up such English Prisoners from Lewis as may be put on shore there, and take care that the Commanders of such Flags of Truce shall not want any Necessaries for their Ships or themselves.
"4. This Committee further think it necessary that the President & Council of the Province of New Jersey be likewise applied to on this occasion, & be made acquainted with the Dangers we apprehend from the Resort of His Majestie's Enemies to this Port under the Sanction of Flags of Truce, and of the precautions we have thought fit to use to prevent it, and that they be desir'd to take the matter into their Consideration, and make such Provisions & Regulations on their Side as they may think proper for the purposes aforesaid. VOL. V .- 6.
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" All which is humbly submitted to the Consideration of the Board by
1 "THO. LAWRENCE, "SAMUEL HASSELL, "THOS. HOPKINSON.
" Philada .. July 1st, 1747."
The Council recommended the several matters mention'd in the above Report strongly to the President, who said he was to meet his Council at New Castle on the 10th Instant, & wou'd do all in his power to procure proper Regulations to be made in that Govern- ment.
Mr. Hopkinson having likewise prepar'd the Draught of a Pro- clamation, the same was read and approv'd.
Order'd, That the Sheriffs and Magistrates have Notice to attend the publication of it at the Court House on Saturday at Eleven o'Clock, & that it be Printed immediately after Publication, & every Pilot served with a Printed Proclamation.
" By the Honourable the President and Council of the Province of Pennsylvania.
" A PROCLAMATION.
" Whereas, the coming of foreign Vessels under the Sanction of Flags of Truce into this Port of Philadelphia without previous Ex- amination and a Lycence obtained from this Government, may be / attended with mischevious Consequences, which may be prevented by laying the Pilots using the Bay and River of Delaware under proper Restrictions & Regulations. We have, therefore, thought it necessary to issue this our Proclamation, hereby in his Majestie's Name strictly enjoining & commanding all Pilots, Mariners, and others, that from henceforth they do not presume on any pretence whatsoever to conduct, Pilot, or bring up any foreign Ship or Vessel carrying a Flag of Truce, or pretending to come under a Flag of Truce from our Enemies to any Port or Place within this Province above that tract of Land lying in Chester County, commonly called and known by the Name of Marcus Hook, without our special Ly- cence first had and obtained, as they will answer the contrary at their highest peril.
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