USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VIII > Part 34
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"That a Number of Rooms in the Barracks are now, and have been, during the Winter, empty and ready to receive all the Soldiers thus Oppressively, unnecessarily and illegally quartered in that place.
" We are further obliged to remonstrate to your Honour, that the Loyal and affectionate Zeal the Inhabitants of the Borough and County of Lancaster have shewn for the Service of the Crown, in giving their utmost Aid and Assistance towards carrying on the Western Expedition, which has been happily crowned with Success, ought, in our Opinion, at least to have exempted them from Such Treatment.
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"That the said Borough and County have Voluntarily furnished more than One-half of the Waggons required for Supplying the King's Troops with Provisions, for which the Deputy Quarter Mas- ter General declared they merited the thanks of the House.
"That without this large Supply of Carriages, the Western Expe- dition must have failed and many ill Consequences attended the Military Operations in these parts.
" After such Proofs of the Loyalty and Zeal of these People for the Service of the Crown, we cannot but apprehend the Oppression and Severe Treatment of that Borough will greatly discourage them, if not render them incapable of doing the same Service to his Ma- jesty for the future.
"These Aggrievances are so great, and have been so long Con- tinued, that we entreat your Honour to Consider not only the ill Effects to the Inhabitants, but to his Majesty's Service, which a Continuance of them must occasion, and that you would exert your utmost endeavours to obtain that Relief which is due to the People entrusted to your Care and Protection.
"Signed by order of the House, "ISAAC NORRIS, Speaker. "April 11th, 1759."
The Governor informed the Council that the Supply Bill was returned to him by the House, with a Verbal Message, Copy of which was delivered to the Governor in writing by the Two Mem- bers who brought the Bill, and it was read as follows:
That the House have taken into their Consideration his Message of this Day, and addhere to the said Bill by an unanimous Resolve; they therefore again return it to the Governor for his Assent, which should he continue to withhold, all the Consequences he has been pleased to mention in his said Message that may attend his refusal, will, in their Opinion, justly lie at his Door; and also, that the House have agreed to the Governor's Amendment on the Bill inti- tuled "A Supplement to the Act intituled 'an Act for preventing- Abuses in the Indian Trade, &c.,'" and have ordered the Same to be engrossed accordingly, that it may be passed into a Law.
The Message of the Governor to the House of yesterday was read, together with the Clause in the Bill relating to the Proprietary Es- tate, and Likewise the following Letter of the Eleventh Instant, to the Governor, from General Amherst, which was ordered to be en- tered in these Words :
"PHILADELPHIA, April 11th, 1759.
" Sir :
"Finding, upon my arrival here, that the Assembly of this Prov- ince still continued to refuse passing the Supply Bill, unless you made such Concessions as you don't think you can, without devia- ting from the Proprietary Instructions and Endangering your Sure- ties for the due performance thereof, I accordingly took an Oppor-
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tunity of Confering with the Speaker and Several of the Leading Men of the Assembly, to show them the Necessity of their passing the Bill agreeable to your Proposal and Instructions, which I did hope they would, under the present pressing Circumstances, have been sensible of, and have had influence enough to have brought the House to assent to; but having failed in my Expectation, and finding they continued obstinate in their former Resolutions, I sent them a Message, of which the inclosed is a Copy, setting forth, as you will See, the absolute necessity of their Complying with the Measure proposed, or, that I should be obliged to give over all thoughts of carrying the intended Offensive Operations, and the Building a Fort, which, I imagined, would have had great Weight with them, notwithstanding which, it seems they are still Deaf to all kind of Remonstrances, and persist in their Obstinacy ; But, as this must by no means prevent his Majesty's Instructions being put in Execution, and that they cannot be Complied with, unless the Supply Bill does Pass. I must, for the good of the Common Cause, and in order to enable me to Pursue His Majesty's Commands, beg of you, as I understand you did, upon a Similar Occasion, at the Request of the Earl of London, Wave the Proprietary Instructions, and give your Assent to the Bill as brought in by them, and I shall take the very first Opportunity of informing the King's Ministers with the Necessity of your so doing, that no Inconvenience may arise to you from the Same. -
"I am, with great Regard, Sir, "your most Obedient Humble Servant, "JEFF. AMHERST."
MEMORANDUM.
On Tuesday, the Seventeenth of April, the Supply Bill was re- turned to the House with a Message that his Honour would Pass it as soon as it should be engrossed, Compared and presented to him, and likewise that he would pass at the same Time the Supplement to the Act for preventing Abuses in the Indian Trade, that has been agreed to. Mr. Peters compared the said Bills with the fair Copies and found them to agree. At Five this Afternoon the Governor went to the Council Chamber, when the House by a Message from the Governor attended, and the Speaker presented a Bill intituled "an Act for granting to His Majesty the Sum of One Hundred Thousand Pounds, and for striking the same in Bills of Credit in the Manner herein after directed, and for providing a Fund for sinking the said Bills of Credit by a Tax on all Estates, real and Personal, and Taxables within this Province." Also the Bill inti- tuled " a Supplement to the Act intituled 'an Act for preventing Abuses in the Indian Trade ; for Supplying the Indians, Friends and Allies of Great Britain with goods at more easy rates ; and for
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securing and Strengthening the Peace and Friendship lately con- cluded with the Indians inhabiting the Northern and Western Fron- tiers of this Province." To which Bills his Honour was pleased to give his Assent by enacting them into Laws, and they were sealed and enrolled.
The Speaker then, in the Name of the whole House, presented his Honour with an Order on the Trustees of the General Loan Office for One.Thousand Pounds, which his Honour kindly accepted.
At a Council held at Philadelphia, Friday, the 20th of April, 1759.
PRESENT :
The Honourable WILLIAM DENNY, Esq"., Lieutenant Gover- nor.
Benjamin Shoemaker,
Joseph Turner,
Lawrence Growden,
William Logan, Esquires.
Richard Peters,
The Governor laid before the Council Three Bills presented to him for his Concurrence. One Entituled "an Act for regulating the Officers and Soldiers in the Pay of this Province." Another Bill Intituled " an Act for Regulating the hire of Carriages to be employed in His Majesty's Service." Another Bill Entituled " an Act for Extending several Sections of an act of Parliament passed in the Thirty-second year of the present Reign, Intituled " an Act for punishing Mutiny and Desertion, and for the better payment of the Army and their Quarters."
An Objection was made to the Expression in the Bill for Con- tinuing the Act of Parliament, viz": That no Quarters will be as- signed any where in the Province, unless Barracks were full, which were all read distinctly and Compared with the former Acts of the same Kind.
The Governor laid before the Council, for their Consideration, a Bill that had been Presented to him by the Assembly, Entituled "An act to prevent the Exportation of bad and unmerchantable Staves, Heading, Boards, and Timber." After its being read Para- graph by Paragraph, it was observed by all the Council.
Ist. That the Bill was faulty for want of clear expressions in the most material Parts of it.
2d. That the Demensions and Qualities of the Staves and other Scantling, to be allowed as Merchantable, were not properly de- scribed.
3dly. That the Officer appointed by the Act was not acquainted with the Nature of the Duty required, and was in other respects likewise unqualified for the due Execution of his Office.
4thly. That the Clause giving the Assembly the future Appoint- ment of the Officer, in Case of Death or removal, was invading the
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Rights of Government by excluding the Governor from any Choice or Approbation of such Officer. That the Assembly had from time to Time, by divers Acts, reserved to themselves the sole Power of appointing Officers of great Trust and Profit, namely, the Trustees, Provincial Treasurer, &ca., and seemed to have in View the Aggran- dizing their own Power and weakening the Hands of Government by engrossing all Offices, and it was high Time to put an end to this growing Mischief, Destructive of the Royal Prerogative and of the Principles of an English Constitution.
5thly. That in Case of any Dispute arising between the Officer and Possessor of any Staves, Judicious Persons were by the Bill directed to be appointed by the County Magistrates only to deter- mine such difference, and the City Magistrates were excluded from Executing such Power, tho' most of such Disputes must Necessarily arise within the City where all Staves, &cª-, are brought for sale.
6thly. That fines for Offences committed within the Limits of the Corporation, were given to it by Charter to enable them to do seve- ral things necessary and usefull for the City, and that by this Bill the fines were taken from the Corporation and given to the Hospital contrary to the Charter of Privileges and all former Laws.
7thly. As the Bill affected the Trade of the Province, and there was, no pressing Occasion for it, it might be of use to take time and lay a Copy of the Bill before the Merchants for their Consideration, a Method that had often been taken and found of great Service.
Sthly. That the Bill ought not to be perpetual but limited to a few Years, that Experience might discover in what respects it may' hereafter be altered for the better.
Whilst the Council was sitting, a Bill was presented to the Gov- ernor Entituled a Supplement to the Act Entitulcd an Act for grant- ing to his Majesty a Duty of Tonnage upon Ships and Vessels, and, also, certain Duties upon Wine, Rum, Brandy and other Spirits, and a Duty upon Sugar, for Supporting and Maintaining the Provincial Ship of War, for protecting the Trade of this Prov- ince, and other Purposes for his Majesties Service.
MEMORANDUM.
The Governor in the afternoon returned all the Bills before him to the House by the Secretary, with a Message that he would Pass them, when engrossed, compared and presented to him for that purpose.
MEMORANDUM.
On the Twenty-first of April, the Council was Summoned to at- tend at the State House on the passing the Bills, but no Members
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attended besides the Secretary. Such of the Bills as were engrossed were compared, and found right. The Secretary was sent with a Message to the House, that the Governor required their attendance of the Speaker and the House, in order to Enact into laws the Bills that had been agreed to.
The Speaker with the whole House came, and the Bills were passed, Entituled as follows :
" An Act to prevent the Exportation of bad or unmerchantable Staves, Heading, Boards, and Timber. A Supplement to the Act entituled an Act for granting to his Majesty a Duty of Tonnage upon Ships and Vessels; and, also, Certain Duties upon Wine, Rum, Brandy and other Spirits, and a duty upon Sugar, for Sup- porting and Maintaining the Provincial Ship of War, for Protec- ting the Trade of this Province, and other Purposes for his Majes- ty's Service."
" An Act for Extending Several Sections of an Act of Parliament, passed in the Thirty-Second Year of the present Reign, Entitled an Act for punishing mutiny and Desertion, and for the better payment of the Army and their Quarters."
" An Act for Regulating the Hire of Carriages, to be employed in his Majesty's Service, and an Act for regulating the Officers and Soldiers in the Pay of this Province."
Mr. Hockley having resigned the Great Seal, the Governor took it into his Possession, and ordered a Warrant to be directed to the Secretary, but never signed it. The Seals were put to the Laws in his presence, Mr. Leech and Mr. Baynton attending to seeing it done, and then were entered in a Book provided for this Purpose.
The Assembly adjourned to the Twenty-first of May.
At a Council held at Philadelphia, Friday, the 11th of May, 1759.
PRESENT,
The Honourable WILLIAM DENNY, Esquire, Lieutenant Gov- ernor.
Robert Stretell, Richard Peters, Joseph Turner,
Esquires.
The Records of the Supreme Court of Oyer and Terminer, en- forming the Tryal of James Jones and Joseph Powell were read, by which it appeared that they were both under Sentence of Death for Burglaries.
The Judges, Mr. Allen and Mr. Coleman, came into Council and related the particulars of their Tryals. Being asked by the Gover- nor if they had any thing to say in favour of them, or either of them, they declared there was nothing occurred to them in which they could recommend them to Mercy.
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The Judges having made their Report, the Governor asked the Opinion of the Council, and all agreeing that neither from their Characters, nor the Circumstances of their respective Trials, did there appear any thing that could induce them to consider them as fit objects of Mercy.
A Warrant was ordered to be made for their Execution on Wed- nesday, the Twenty-third Instant.
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At a Council held at Philadelphia, Thursday, the 24th of May, 1759.
PRESENT :
The Honourable WILLIAM DENNY, Esq., Lieutenant Gov- ernor.
Robert Strettell,
Lynford Lardner,
Joseph Turner, Esquires.
Richard Peters, S
The Records of the Proceedings of the Court of Oyer and Ter- miner lately held for the Counties of Lancaster and York, by Mr. Allen and Mr. Growdon, Two of the Judges of the Supreme Court, were read, by which it appeared that at Lancaster, Margaretta Catha- rine Kirchin, a young Woman of about Seventeen years of age, was Convicted of the Murder of her Basterd Child, and under Sentence of Death.
Two Petitions, one to the Governor, and the other to the Judges, Signed by a great Number of the most reputable Freeholders of the County and Borough of Lancaster, were read, and the Judges con- curring in Opinion with the Petitioners, that she was a proper ob- ject of Mercy, and it appearing from their relation of the Tryal, that it was not clear to them she murdered the Child, The Gov- ernor and Council were unanimous for a reprieve.
It further appeared that John Jones was tryed, Convicted, and Sentenced to Death for Burglary, and the Judges declaring him to be of a very bad Character, and recommending it to the Governor, if he did not incline to Pardon, as he had broke some Goals, to order a strict Care of him.
The Governor and Council were unanimous in Opinion that he was not a fit Object of Mercy, and a Warrant was ordered for his Execution on Wednesday, the Sixth of June.
It further appeared that Durll, a Soldier in the Royal American Regiment, was under Sentence of Death for Murder.
The Judges gave a very Minute Relation of the Particulars attending this Tryal, and the Council being asked their Opinion, did not think him a fit Object of Mercy; the Governor thought it proper to acquaint Brigadier General Stanwix with this Tryal, and the Certificate of the Court was given them by the Secretary, & the
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Circumstances as related by the Judges was told to him at the same time, and it was left under Advisement.
It further appeared that at York Sentence of Death was pro- nounced on One Andrew Lutuk, for the Murder of his Wife, and the Judges declaring it was a most Cruel and barbarous Murder, all were of Opinion that the Sentence should be carried into Execution, and a Warrant was ordered to have it done on the Ninth of June.
At a Council held at Philadelphia, Monday, the 28th of May, 1759.
PRESENT :
The Honourable WILLIAM DENNY, Esq"", Lieutenant Gover- nor.
Robert Strettell,
Joseph Turner,
Richard Peters,
Lynford Lardner, Esquires.
Benjamin Chew,
Thomas Cadwalader,
A Bill Entituled "an Act for recording Warrants and Surveys, and for rendering the real Estates and Property within this Pro- vince, more secure, presented to the Governor on the Twenty-Sixth for his Concurrence, was read over, and had afterwards a second reading, Paragraph by Paragraph.
Mr. Peters, the Proprietary Secretary, acquainted the Governor and Council that there were very few loose papers in the land Office Servicable to any Men's titles, Except the returns of Surveys from the Surveyor General's Office, which were generally forthwith ex- amined and confirmed by Patent, and an Entry of the Patent under general Heads was made in Strong bound Books, and the Patents recorded at Length in the Rolls Office before they were delivered to the Party; That these returns are regularly filed and preserved in the Land Office; That the Surveyor General on receipt of any Warrants, which are Signed by the Governor as Commissioner of Property, directs Copies to his Deputys, with Orders to Survey the Lands agreeable to the Warrants; That the Original Warrants are lodged and filed in an Alphabetical Manner in the Surveyor General's Office, And with the Deputies returns are and always have been in loose Papers. But as soon as the Party who obtained the Warrant offers to Discharge the Purchase Money due to the Proprietaries, a Return of such Warrants and Survey is made into the Secretary's Office and entered at Large by the Surveyor General in Strong Bound Books. So that there are two Entries at Length of all Returns of Surveys, One in the Surveyor General's Office and the other in the Body of the Patent, recorded in the Rolls Office, besides the Original Return filed in the Secretary's Office.
Mr. Peters averred that all his Books were posted up to the Twenty-Second of April last; And Mr. Lardner, who had exam- VOL. VIII .- 23.
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ined them, declared it was true, and that the Office Books and Pa- pers were in good Order.
Mr. Peters did further declare, that the Credit of the Proprie- tary Officers was unimpeached, and the Certificates of the Officers had always been received, and allowed on Evidence in Courts of Justice, and that he had never heard of the least Imputation thrown upon the Probidy of the Officers, or their Want of Care in the pre- servation of the Office Papers.
And Mr. Chew, the Attorney General, declared, as he was fre- quently concerned in Land Causes in Several of the Courts of the Province and Counties, the Certificates of the Secretary and Sur- veyor General were always allowed as legal Evidence, and the Offi- cers in good Esteem.
Mr. Peters further said that the Surveyor General was under Bond to the Proprietaries, and had taken an Affirmation of the pre- servation of the Papers belonging to his Office, and faithful Dis- charge of his Duty, and had taken and Subscribed the Affirmation to the Government, before One of the Magistrates of Philadelphia City, before he entered upon his Office. That he, Mr. Peters, had likewise given Bond to the Proprietaries for the Preservation of the Papers, and the faithful discharge of his Duty.
On Considering the Several Parts of the Bill, it was observed by the Attorney General, that if it was necessary to record Warrants and Surveys, and that the Recorder should give security and be. under a Qualification, there could be no Occasion to appoint a new Officer for such Purposes, when the Secretary and Surveyor Gene- ral might be enjoined to record all such Papers, and do every other Act required by this new Officer, without Multiplying Offices, which never fail to introduce Confusion and unnecessary Expence.
That the Clause directing the Officer to record general and par- ticular Maps, Charts, or Draughts, made by any publick Surveyor, which shall be brought to him for that purpose, is, by design or mistake, vague or unlimited, and may extend to any Paper, though Forged or Fraudulently brought to him by a private Person The Mischiefs, Confusions, and evil Consequences of which, in a Course of years, must be obvious on first view to every one.
. That the Bill directs that, in future, as soon as a Survey is made the Surveyor shall return the same into the Recorder's Office, there to be Recorded, which is irregular and Contrary to all order, and seems to imply that a bare Survey will give a Title, without Pay- ment of the Consideration Money, and is Subversive of the Pro- prietaries' Rights and Estate, it being Notorious that such Surveys pass for Nothing till the Terms of purchase are complied with, and the Survey accepted into the Secretary's Office, who is the Proprie- tary Agent, and the Person with whom the Purchaser makes the Contract, be it of what Nature it will. The Surveyor is no more than a Minister who executes the orders of the Governor, who is the Proprietary Commissioner of Property, by a Commission granted
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him for that Purpose. Either this Method is intended to defraud the Proprietaries, and utterly exclude the Governor from the Power given him, or, if the bare Survey gives no Title, the Recording it before the Transaction is Complete will Load the People with an useless Expence.
That the Assembly give themselves the Power of Nominating the Officer, which is a Monstrous Invasion of the Rights of Gov- ernment.
That the Bond given by the Officer is to be only One Thousand Pounds, And the Penalty on the Secretary or Surveyor General for every neglect or Omission in delivering a Paper in their Offices is Five Hundred Pounds.
At a Council held at Philadelphia, Tuesday, the 2d of June, 1759.
PRESENT :
The Honourable WILLIAM DENNY, Esq", Lieutenant Gover- nor.
Robert Strettell, Benjamin Shoemaker, )
Joseph Turner, Richard Peters,
Lynford Lardner,
Benjamin Chew,
Esquires.
Thomas Cadwalader,
The Bill for recording Warrants and Surveys &cª., was again con- sidered. The Governor proposed, as it was intirely a Law Bill, to request the Advice of the Judges of the Supreme Court, and Mr. Moland, and Mr. Ross, two Gentlemen of the Law, and to desire the Same of Mr. Stedman, President of the Court of Common Pleas, of whose knowledge and Judgment in the Law he had heard a good Character. And this being approved by every Member of Council, the Attorney General was desired to request this favour of them, and to forward a Conference with them as expeditiously as possible.
The Governor laid before the Board a Bill Sent up to him by the House, intituled " An Act for the more Effectual Suppressing of Lotteries and Plays," which was read and taken into Considera- tion.
The Members of Council acquainted the Governor they had been well informed, and believed it to be true, that this Bill was princi- pally intended to destroy the College, Academy, and Charity School of this City, which was a most Noble and useful Institution; That some members of the House were known to have thrown all possible discouragements on it, and failing of Success they had probably fallen on this method to prohibit Lotteries, from which of Late the Academy had drawn its principal Support.
That Eighty poor Boys and Forty poor Girls were instructed Gratis in the School to Read, Write, and Cast Accounts, and the
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Girls to Sew and do all Sorts of Plain Needle Work, under Two Masters and a Mistress.
That in the Schools there were One Hundred and Thirty Boys who were instructed in the Greek, Latin, and English Tongues, and were likewise taught at the Same time Writing and Mathematicks.
And that in the College there were above Twenty Students who were instructed by able Professors in all the higher Branches of learning Oratory, Euclid, Logic, Ethicks, Natural and Experimental Philosophy ; that the Expences of Professors and Masters were very great, amounting to Thirteen Hundred Pounds a Year, and that all the Sums they received, from Such Scholars as paid, did not Exceed Five Hundred Pounds a year, so that they were at an annual Expence of Eight Hundred Pounds, which at first they raised by Subscription; but this proving too heavy upon a few Individuals, who had Subscribed largely towards the Support of this Useful Siminary of learning, they have of Late Supported this Expence by Lotteries, which had been uprightly managed by people of the best Credit in the Province, and the Prizes always paid with the utmost punctuality and Honour.
That there had been no Lotteries carried on in this Province other than for the most necessary and Charitable purposes, Vizt. : the Fortification of the City, the Defence of the Province in Time of War, and the finishing the Episcopal Church of this City, all which were managed with the greatest uprightness.
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