USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VII > Part 36
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The Record of Conviction of Charles Jegler, under sentence of Death for the Murther of Rosina Holdersinger, was again Read, with two Petitions from his Wife, praying for Mercy. The Attor- ney General, at the request of the Governor, once more related the Facts given in Evidence at the Tryal, and the Credit of a particular Witness mentioned by him coming into Question, the Council Agreed to enquire of the Chief Justice and to meet in the Afternoon.
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At a Council held at Philadelphia, Wednesday, 24 Novem"-, 1756, P. M.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor.
Robert Strettell,
William Logan,
Richard Peters,
Lynford Lardner, Esquires.
Benjamin Chew,
John Mifflin,
The Minutes of the Preceding Council were read and approved.
The Chief Justice came into Council and related all the Facts proved at the Tryal of Charles Jegler. He then produced certain Examinations taken before him on Information given against some Roman Catholicks, of this City, for disaffected & Treasonable (viz) : the Examination of Barnabas McGee, Joseph Rivers, Thomas Mc- Cormick, Rowley Kane, and Jane Dorsins, whereon the following Warrant was drawn and Delivered to the Sheriff :
" The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor and Commander-in-Chief of the Province of Pennsylvania, and Counties of Newcastle, Kent, and Sussex, on Delaware :"
[No more appears on record.]
A Message was delivered by two Members whilst the Council was sitting and Read in these Words :
A Message to the Governor from the Assembly.
" May it please your Honour :
"You were pleased by your Message at the Beginning of this Session to represent to us the Expediency of framing sundry Laws that are necessary for the Defence and Utility of the Province, and we think many others not recommended by your Honour may like- wise be for the benefit of the People, which we are determined at this time to take into our serious Consideration, and pay that regard and attention to them that their Importance deserves. But as many Bills, prepared at a burthensome Expence to the Publick by Ante- cedent Assemblys, for the defence of the Province, in complyance with His Majesty's Orders and other Salutary purposes, after much 'Time and great Pains had been spent in framing them, have been rejected by your Honour's Predecessors, because not consistent with Certain Instructions that They had received from the Proprietaries, as directory to them in matters of Legislation, which Instructions, notwithstanding, were unreasonably concealed from the Representa- tives of the People, We are, in Justice to ourselves and in duty to those We represent, obliged humbly to request That your Honour would be pleased to lay before us full Copies of all such your In- structions that are of a publick nature, and in any wise relating to Matters of Legislation, that we may, as we are sincerely enclined,
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avoid all unnecessary delays at this critical Juncture in matters of real Importance, and yield a chearful Obedience to his Majesty's most gracious Orders for our Defence.
" When We reflect on a late Instance of your Honour's Candor on the like occasion, and the evident proof you gave a former As- sembly of a sincere Inclination to facilitate and expedite matters in which the publick welfare was concerned, We have no Room to doubt your Honour will favour us in Complying with this reasonable and necessary Request.
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" We also further request that your Honour would be pleased to lay before us the Minutes taken at the last Conference held at Easton with Teedyuscung and other Chiefs, that the representatives of the People may be acquainted with matters which so intimately relate to the publick Weal and the Peace of the Province.
" Signed by order of the House.
"ISAAC NORRIS, Speaker. " Nov". 24, 1756."
No objection to what was desired appearing to the Council it was recommended to the Governor to look over his Proprietary Instruc- tions, and if any others than what had been laid before them are of public nature, to communicate them to the Assembly.
MEMORANDUM.
26th November, 1756. The Governor finding no more than one Proprietary Instruction of a public nature laid it before the Assem- bly with the following Message :
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A Message from the Governor to the Assembly.
" Gentlemen :
"In compliance with your last Message I send you the only one of the Proprietary Instructions of a public nature in any wise re- lating to matters of Legislation which have not been already laid before you.
"I am as sincerely disposed as you are to avoid Delays, and will most readily give my Assent to such Bills when laid before me as. shall be thought for the good of his Majesty's Service and the De- fence of this Country.
" The Conferences at Easton are Copying and shall be sent you as soon as they are finished.
" WILLIAM DENNY.
" 26 Nov"., 1756."
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At a Council held at Philadelphia, Sunday the 5th December, 1756.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Governor.
Robert Strettell, .
Richard Peters,
Lynford Lardner,
Benjamin Chew, S Esquires.
The Minutes of the preceding Council were Read and Approved.
The Governor informed the Council that having on Tuesday Evening received a Bill from the Assembly Entituled " An Act for extending several Sections of an Act of Parliament in the twenty- ninth Year of the present Reign Entituled ' An Act for punishing Mutiny and Desertion, and for the better payment of the Army and their Quarters ;'" he thought proper before calling the Council to look over the Secretary's Lists of Public House Licences granted within the City for the present Year, and had given orders to the Mayor to cause every one of them to be forthwith carefully ex- amined, that the Number which they were able to furnish of Quar- ters and the necessaries required in Quarters by Act of Parliament might be precisely known, which business took up all Yesterday, and not being finished, it was to be resumed to-morrow, and a re- port made to the Council thereof. He reminded the Council of the Repeal of the former Law and of the reasons of that Repeal, de- siring the strictest regard might be paid thereto in the present Bill; on which the Report of the Lords of Trade and of the Privy Coun- cil, with His Majesty's Repeal of the former Law, were severally read, together with the Section of the Act of Parliament proposed by the present Bill to be enacted, and it was found that under the general notion of extending the Sections respecting Quarters, &ca. the Assembly had artfully included the Preamble condemned in the former Law, and that this Bill was in effect the very same with the Repealed Act ; whereupon it was agreed it shou'd be returned with the following Message :
A Message from the Governor to the Assembly.
" Gentlemen :
"I am sorry to find myself at this critical Time under the neces- sity of sending back your Bill, entituled " An Act for extending several Sections of an Act of Parliament, in the twenty-ninth Year of his Majesty's Reign, entituled ' An Act for punishing mutiny and Desertion, and for the better payment of the Army and their Quarters.'" This Bill being the same as that lately repealed by His majesty in Council, with this only difference that the Preamble is, left out, and the Substance thereof, which is Chiefly objected to
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in the Repeal, is inserted in the Body of it by extending the twenty- fourth Section of the said Act of Parliament.
" WILLIAM DENNY. "7th December, 1756."
A Petition from Captain Soloman Goad, Master of the Ship Pusy of London, was read in these words :
" To the Honourable WILLIAM DENNY, Esquire, Lieutenant Governor and Commander-in-Chief of the Province of Penn- sylvania, &ca.,
"The Petition of Captain Solomon Goad, master of the Ship Pusy of London, now in the Port of Philadelphia, Humbly shews:
" That on the third of February last, your Petitioner sailed with the said Ship from port Royal in Jamaica, laden with Sugars and other Merchandize, on her intended Voyage for London, but unfor- tunately in the prosecution thereof, on the 11th March following, being then about the Latitude of 34º 40' North, and Longitude 71° 50' West from the meridian of London, the said Ship met with a hard gale of Wind and violent Storm, which continued to rage and blow extream hard till the 14 March, and so damaged the said Ship in her Hull, Sails and Rigging, and also her Cargo, and ren- dered so leaky and unfit to keep the Sea, that your Petitioner was reduced to the necessity (after a Consultation with his Officers and Crew, and for the preservation of them and the Ship and Cargo) to bear away for Virginia to get her repaired and made fit to per- form the rest of her Voyage, As by your Petitioner's protest made on his arrival at Norfolk in Virginia appears.
"That after the said Ship was refitted at Norfolk and made ready to Sail, she was detained there until the seventh of August, for want of Sailors to Navigate and carry her home to London, all or most of her Hands who came into Virginia with her having there deserted her; and after your Petitioner had used his utmost en- deavours and sent his Officers to all the Ports and places in Vir- ginia where there was any prospect of meeting with Sailors, and at great Expence and Trouble, had try'd every other method in his power to secure them, but all in vain, he was at length obliged to hire some Hands to assist in carrying her round to this port of Philadelphia, as the most likely place for getting Sailors to Man her.
" That your Petitioner arrived with the said Ship at Philadelphia, the 25th August last, and having in her passage thither met with a violent Gale of wind, in which she shipt many heavy Seas and proving very crank and leaky, your Petitioner, after obtaining a
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proper Survey of her, was obliged to unload all her Cargo, in order to get her bottom examined and her leaks stopt ; and for defraying the expenses thereof, paying the hands and other necessary charges and expenses relating to said Ship, and for raising Moneys to satisfy the advance Money and demands of the Sailors, your petitioner wanted (being twelve or upwards), for manning the said Ship, he was obliged to get some sugars, part of the said Ship's Cargo, sold at publick Vendue, and imagining and computing that the same wou'd be sufficient to answer all the purposes aforesaid, he got the said Ship cleared out at the Custom House and sent her down to Gloucester Point, expecting to have nothing more to do but to hire the Hands, and send them on board, and so proceed in a short time for London.
"But to your Petitioner's great Surprize and disappointment, he now finds that thro' the extraordinary charge of unloading, heaving down, repairing, reloading and other unavoidable charges and expenses, relating to the said Ship, and the great difficulty and expence of getting hands, and their exorbitant demands for advance Money, &ca., the Moneys raised by the Sales of the said Sugars, falls considerably short, and that there is an absolute necessity for landing and disposing of some more of the said Ship's Cargo, for shipping the Hands and other necessary charges and expenses of getting the said Ship ready to proceed for London, and without which, she must be detained here all Winter, to the very great Damage of her Owners and Freighters.
" That your Petitioner, by reason of great infirmities and a bad State of Health, being unable to attend and do the duty of master of the said Ship, hath contracted with Mr. James Robison (who is recommended to your Petitioner as well qualified for it) to under- take to act as master and to Ship the Hands, and assist in carrying her to London, and your Petitioner hath delivered to him and to Mr. William Ritchie, who is an Agent here for some of the owners of the said Ship, all the proper Papers, Accounts, Vouchers and Proofs, in order to lay the same before your Honour, and give you full satisfaction of the Truth of the premises, and of the necessity there is for disposing of some more, and the Quantum of the said Ship's Cargo, for enabling the said Captain Robinson and your Petitioner to get her away from this Port, and to carry her to Lon- don ; Which being done to your Honour's satisfaction.
" Your Petitioner humbly entreats Your Honour to signify to the Collector of the Customs, at the Port of Philadelphia, your ap- probation and directions for his granting your Petitioner (under the care and management of the said Messrs Robison and Ritchie, to whom your Petitioner hath refered the same) his permit for the landing so much more of the said Ship's Cargo as the said Mess"s. Robison and Ritchie shall make appear to your Honour to be neces-
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sary to be disposed of for the getting her away from this Port, and procuring the Hands to carry her to London.
"And your Petitioner will pray, &ca.,
" SOLOMON GOAD.
" Philadelphia, 4 December, 1756."
In order to be satisfied of the Truth of the Facts set forth in the Petition, Mr. Peters and Mr. Mifflin are desired to Examine the Captain's vouchers and Evidences and to report the same at the next Council.
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At a Council held at Philadelphia, on Wednesday the 8 Decem- ber, 1756.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Governor.
James Hamilton, Benjamin Shoemaker, Esquires.
Richard Peters, Benjamin Chew,
The Minutes of the preceding Council were read and approved.
The Governor informed the Council that the House on his Mes- sage had agreed to leave out the preamble of the twenty-fourth Section of the Mutiny Act of Parliament, and had returned the Bill accordingly, with a Message, desiring that as the part objected to was struck out, it might now receive his Concurrence.
It was then considered whether the Bill ought to pass notwith- standing the House had altered it in the part objected to, since it was clear that sufficient Quarters cou'd not be found in the publick Houses of the City for the Numbers .demanded. The Governor informed the Council that the House on Saturday last, without any regard to the pressing Exigency, tho' they knew that Captain Tulliken was kindly sent before to acquaint the Governor that the Companies were on their March, and expected quarters wou'd be ready, had adjourned as usual till Monday night ; and that as his Message cou'd not be delivered till Tuesday, he had again sent for the Mayor and received from him the Returns made by the Consta- bles of the quarters which they said were offered by the publick Housekeepers within the City, which amounted to 400. But, on examining the Constables, it appeared that the publick Housekeep- ers had offered abundantly more quarters than their Houses wou'd allow of, from a mistaken notion that they were to be paid a Shil- ling a day for every head, in the same manner that they had been paid for the lodging and dieting Recruits, and that the returns cou'd not be depended upon. On this disappointment, the Governor
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said he requested the Mayor wou'd take with him some of the Al- derman and make an immediate enquiry with care and report it to him, and that Captain Tulliken might be certain what number cou'd conveniently be quartered in Publick Houses in the City, he was likewise desired to accompany the Mayor and Alderman. The Governor added that tho' they had not finished the examination of the several Wards, owing to the severe Weather, yet the Mayor had acquainted him that he was sure the Number of quarters de- manded cou'd not be had in the publick Houses ; that they found many of them poor with large Familys, and not a bed to spare ; and that there wou'd be a very great deficiency and sad Confusion if the Tavernkeepers only were to provide quarters. This Infor- mation consisting well with the knowledge of the Members of Council, who were acquainted with the Circumstances of the pub- lick Housekeepers, it was a long time debated whether to pass the Bill or no ; but in the end it was considered that the Forces were near the City, and that by the Bill there wou'd be an immediate provision for the greatest part of them, and that there was not time to enter into dispute with the Assembly, therefore the Coun- cil were of Opinion that tho' the Bill was by no means answer the purpose, yet if the Governor wou'd set this forth in a Message, and desire further provision he might pass it, and leave it to the House to make up the Deficiency of Quarters by a Supplement Bill. On these Considerations the following Message was drawn :
A Message from the Governor to the Assembly.
" Gentlemen :
" Since your Message of Yesterday Evening I am well informed, from the strictest enquiry, that the quarters demanded by My Lord Loudon for the Officers and Soldiers that are every moment expected here cannot be had in the publick Houses of this City. The Bill now before me being therefore insufficient to answer the end pro- posed by it, and the great Inconveniences that may arise if proper Quarters are not provided for the reception of his Majesty's Troops being evident, I must in the warmest Terms recommend it to you to make immediate Provision for that Service.
"WILLIAM DENNY.
"8th December, 1756."
The Secretary was directed to deliver this Message first, and then to return the Bill with the following Verbal Message, viz": "The Governor Commands me to acquaint the House that if they do not think proper to make any further provision than what is expressed in the Bill, the Governor agrees to the alteration, and is ready to pass it as it now stands."
A Copy having been made of the Minutes of the Treatys at
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PROVINCIAL COUNCIL.
Easton, it was compared with the Original, and sent to Sir William Johnson with the following Letter :
" PHILADELPHIA, December 6, 1757.
" Sir :
" I now sit down to acknowledge your obliging favour of the 8th September, and to acquaint you that I have, to my great Mortifica- tion, been obliged to go to one of the Frontier Counties, and there hold Conferences with the Delaware Chief Teedyuscung, which I would have been very glad to have been excused from, especially after receiving from Lord Loudon a Letter informing me of His Majesty's appointment of you to be sole Agent of Indian Affairs in this part of North America, and prohibiting me on that account from all further Treaty or Conference with Indians; but on advising with the Council and Assembly, before whom I laid that Letter, It ap- peared plain to me that it was necessary for his Majesty's Service to go and receive these Indians, as they came in consequence of a for- mer Treaty. You will see by the minutes of both Conferences which are here inclosed, that what has passed between this Govern- ment and them is for the general Service, and entirely referred to you and the Six Nations, before whom we promised to lay the pro- ceedings for your Consideration and approbation, and I am in hopes you will be able on the foundation of Peace already laid, to fix these Indians in his Majesty's Interest, and by proper encourage- ments engage them to bring over others. I look upon Teedyus- cung as the Chief of the Susquehannah Delewares, and one who is regarded by the Indians now settled at Diahogo, who are a Collec- tion of Delawares, Shawonese, Mohicons, and some of the fugitive Six Nations who were formerly on the Ohio, and removed to the head .branches of Susquehannah, on the French intimidating and corrupting the Ohio Indians after the unfortunate Defeat of Gene- ral Braddock.
" One thing gives me concern, that as the Chief proposed another Meeting in the Spring, the acceptance of his proposal cou'd not well be avoided, especially as some Grievances in the Transactions of the Proprietaries with them about Purchases of Indian Lands had been mentioned, and it was proper in order to remove all cause of uneasiness to give them an early opportunity of laying before us their Complaints, and if made good of receiving Satisfaction ; but tho' it may be proper they shou'd come into this Province on this occasion, yet I desire you will take upon you to fix a time with these Indians, that it may not interfere with the Commands of Lord Loudoun. When they can best be spared, I shou'd be glad to see them, and not before. I have appointed a Committee of the Coun- cil to search into the affair particular complained of, and their Re- port shall be transmitted to you, on which I shall request your observations and Advice in what manner to proceed, so as to effect an entire reconciliation.
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"You will, I imagine, be very much surprized to find these In- dians complaining of Injustice against the Proprietaries, and making it the Cause why the blow came heavier upon this Province, as you have at several Times expressly called upon them to let you know if they had received from this Province any just cause of offence, and they have as often declared they were seduced by the Artifices of the French, but whether it came from them, or was put into their Heads, after they had thought proper to it; as the Commis- sioners had brought up a large quantity of Goods with them, too many to give to ye small number present, they thought it best to make a quick end of the Complaint and to offer them an immedi- ate present, and their Advice weighed with me to take that measure tho' I was then and am still of Opinion when the matter comes to be enquired into, the Proprietaries will be found to have done them no injury. I am, Sir,
" Your most Obedient and most humble Servant, "WILLIAM DENNY."
The Report of Mr. Peters and Mr. Mifflin, on Captain Goad's Petition was read, and a Letter was thereupon sent to the Collector.
MEMORANDUM.
The following Message was delivered by two Members this After- noon :
A Message to the Governor from the Assembly.
" May it please your Honour :
" On examining the List of recommended and licenced publick houses, we find there are no less than one hundred and seven- teen in this City only, exclusive of the Suburbs. We hope, there- fore, your Honour will be of Opinion with us that the Number of Soldiers for which quarters are required may very well be dis- posed of among them in the manner directed by the Act of Parlia- ment, now to be extended hither; especially as it is not necessary the Soldiers shou'd all be lodged in publick Houses, but those who keep such Houses.may provide lodging for the Men in other Houses, if they find it more convenient so to do.
" Signed by Order of the House. "ISAAC NORRIS, Speaker."
At the same time they acquainted the Governor that the Bill for quartering of Soldiers was ingrossed, and the House desired he wou'd : appoint a Member of Council to compare it with the original, as also the time when the House shou'd wait upon him to have it
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enacted. And accordingly the Bill was compared, enacted, Sealed, and deposited in the Roll's Office.
The Governor mentioned to the Council that at his Instance Mr. Spangenberg had made out a List of the Moravian Brethren be- longing to the Bethlehem CEconemy, and a state of their Society in other parts of America, which was read, and it appeared by Mr. Spangenberg's Account that at this Time there are at Bethlehem Five hundred and ten Persons, besides Ninety-six Children, some Orphans and others belonging to some Brethren and Friends who are not of the Bethlehem Œconemy. That Bethlehem makes out a certain Religious Society intended for the furtherance of the Gos- pel, as well among the Heathen as Christians. Forty-eight of the above mentioned Brethren and Sisters are actually employed for that end among the Heathen, not only on the Continent of America, as Pennsylvania, New England, Barbice, Surriname, &ca., but also in several Islands, as St. Thomas', Crux, Johns', Jamacia, &ca. Besides them mentioned just now, there are Fifty-four of them employed in the Pennsylvania, New York, New England, Jersey, and Caro- lina Governments in preaching of the Gospel, keeping of Schools, and the like. Sixty-two of them are merely employed in the Edu- cation of our Children at Bethlehem and Nazareth as attendants and Tutors. Forty-five single Men and eight Couples of married people are gone to Carolina to make a New Settlement there, and fifty more, who are come for that end from Europe, will go there soon. There are seventy-two of the above mentioned Brethren in Holy Orders, viz: Four Bishops, Twelve Ordinaries (Priests), and the rest Deacons, and as many Acoluthi, who are preparing for the Ministry in the Congregation, and now and then are made use of like Deacons. About ninety of the Children at Bethlehem and Nazareth have their Parents abroad, mostly on the Gospel's Account. Four hundred and twenty-five of those in the foregoing List are under age. Not all who are named in this Catalogue live in Beth- lehem Township, but some in Sackona, some in Lichy, and some in another Township joining Bethlehem Township. There are Eighty- two Indians, besides those young Indian Women who live with our young Women, and besides the Savages who are going and coming and staying longer or shorter with us.
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