USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VIII > Part 35
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78
Further, that the Enacting, ajudging, and declaring all Lotteries in General, whether publick or private, to be Common and Publick Nuisances, was a high reflection on the Wisdom of the King, Lords, and Commons, who had frequently Erected them by Act of Parlia- ment for the publick Utility.
But the Governor denied that this assertion was any reflection on the Parliament since Lotteries had been and might alwrys be erected by Act of Parliament, and in this Province, notwithstand- ing what is said here, any future Assembly might create Lotteries for useful Expences.
It was further observed, that the Prohibition of plays was a most unreasonable restraint on the King's Subjects from taking innocent Diversions, and that such an Act of this Province was passed in the Eighth Year of Her Majesty Queen Anne, when the Quakers made a Majority of the Assembly; but when it came before the Queen in Council it was disapproved, and Her Majesty Repealed the Act on the Twentieth of October, One Thousand Seven Hun- dred and Nine.
· That the Laying a Fine on persons who should sell Tickets of Lotteries erected in any other part of the World would extend even to State Lotteries drawn in Virtue of Act of Parliament.
That by an Act of Assembly of this Province, passed in the Thir- teenth Year of His present Majesty, entitutled " an Act for regulating Pedlars, Vendues, &ca." Lotteries are prohibited under the Penalty
.
341
PROVINCIAL COUNCIL.
of One Hundred Pounds, One half to the Governor and the other half to the Informer. That this had the Effect intended by detering Persons from erecting Lotteries for private and bad Purposes, and no Lottery has been drawn since but for a Publick use, of which the present and preceding Governors have been so far convinced that they have both Licenced and encouraged them by Remitting their part of the Fine. This Act is therefore unnecessary, and should it take Place no Lotteries can be erected tho' for the most useful and Laudable Purposes.
The Governer informed the Board that having received the fol- lowing Letter from General Stanwix of the Thirty-first of last Month, he had directed the Secretary to lay the Same before the House, which had been done accordingly, recommending it to them to take the same into immediate Consideration, and the letter was now read and ordered to be entered in these Words :
" PHILADELPHIA, May 31st, 1759.
4 Sir :
"It being immediately necessary for his Majesty's Service, that the Hire, and impressing Horses and Carriages, should be settled by the Same Provincial Law as was past last Year, I must beg you will acquaint the Assembly of the Necessity thereof, and I must entreat your further application to them, for the immediate accoutring two Tro ops of Light Horse as the most necessary and use- ful Corps that can be brought into the Field for the Western Ser- vice.
" I beg leave also to represent to you that it would be proper to direct the Commissioners for Indian Affairs, to send with all Expe- dition Frederick Post and Isaac Stille, with proper Messages to the Indians ; at the same time ordering them to Proceed by the Way of Wyoming, and to take four or five of the best disposed and most faithful Indians with them from thence, such as King Teedyuscung shall recommend.
" As these are matters of the highest Import to His Majesty's Service and the future Safety and Happiness of this Province, I doubt not but the Assembly will readily acquiesce in your Demands. " I am, Sir, your most Obdit Hume. Servant,
"JOHN STANWIX."
1
342
MINUTES OF THE
At a Council held at Philadelphia, Wednesday the 11th of June, 1759.
PRESENT :
The Honourable WILLIAM DENNY, Esqr., Lieutenant Gov- crnor.
Robert Strettell, Benjamin Shoemaker, - Esquires.
Joseph Turner,
Richard Peters,
Benjamin Chew, Thomas Cadwalader,
Mr. Chew acquainted the Governor that the Bill for recording of Warrants and Surveys, and for rendering the real Estates and Pro- perty within this Province more secure, had been under the Con- sideration of Mr. Coleman, Mr. Moland, Mr. Ross, Mr. Alexander Stedman, and himself; And they all concluded in Opinion that the Bill, if Enacted into a Law, would prove injurious to the Inhabi- tants, and purposed to draw up their Reasons in Writing, and pro- posed to have them ready against to-morrow.
A Bill intituled " an Act for Re-Emitting the Bills of Credit of this Province heretofore Re-Emitted on Loan, and for striking the further Sum of Thirty-Six Thousand Six Hundred and Fifty Pounds, to enable the Trustees to Send Fifty Thousand Pounds to Colonel John Hunter, Agent for the Contractors, with the Right Honoura- ble, the Lords' Commissioners of His Majesty's Treasury for his Majesty's Service," was presented yesterday to the Governor for his Concurrence, And the same having been sent to Brigadier General Stanwix and Colonel John Hunter for their perusal, Colonel John Hunter attended the Council, and after the Bill was read, he de- wired he might be indulged a longer Time for the Repayment of the money; And at the Instance of the Governor drew up his re- quest in Writing to be laid before the House, in these Words:
" PHILADELPHIA, June 11th, 1759.
‹‹ Sir :
"Having been honoured with a sight of the Bill passed by the Honourable House of Assembly, wherein they are pleased to assist bis Majesty with a Loan of Fifty Thousand Pounds Current Money of this Province, I am sorry to find that the Time limitted for the Repayment of this Sum is within the Space of Six Months, because I well know it will not be in my power to repay it in that time ; nor do I think I can be justified to enter into any Engagements in behalf of the Right Honourable the Lords of his Majesty's Treas- ury, without time Sufficient being allowed me to lay such Engage- ment before their Lordships through the Hands of the Contractors, that their Lordships may also have time Sufficient to order (if they please) that the Sum in Sterling may be sent from England to re- deem the Bills that are to be lodged in the Hands of the Trustees as a Security for the Repayment of the aforesaid Fifty Thousand
343
PROVINCIAL COUNCIL.
Pounds Currency; all which I humbly conceive cannot be done in less than Twelve Months from the Receipt of the Money; and therefore pray that that Time may be allowed me.
" I am ordered by His Excellency General Stanwix to add that he will esteem it a favour if you will be pleased to use your interest with the Honourable house of Assembly, to add Twenty-Five Thousand Pounds to the Sum they have been pleased to Vote, for the Assistance of His Majesty's Service, as he hopes that Sum would enable him to Grant his Warrant to Continue the Payment of the Sums due to those who have Demands for Services performed last Campaign, who remain in the utmost Distress for the Want of their Money.
"I am with all due Respect,
" your Honour's most Obe' Hume Servant, "JOHN HUNTER.
"To the Honourable DENNY, Esq."
The Bill was then read Paragraph by Paragraph, and it was observed that it consisted of two Matters that had no Connection with one another, viz": The Re-Emition and the Loan to Colonel John Hunter, and that these two ought to be separated. As to the Loan the Council was unanimous that the Sum proposed, or even & greater Sum might be lent on its being repaid in the Time proposed by Colonel Hunter, and then Sunk without any prejudice to the Province or detriment to the Credit of our paper Money. And that a like request had been made by the General to the House, at the beginning of the Present Session, and rejected to the surprise of every Body. But now it appeared very plain that this was done with no other view than to tack it to the Re-Emission of their Paper Currency, thinking the Governor, who might with great Reason object to the Re-Emission, would be obliged to Grant it rather than loose the Loan of so much Money to the Agent, as the General would represent to the Governor that without such a Sum the King's Business could not go on; but this was so shameful an Attempt that it was hoped the General would see through it, and discountenance it.
Besides this so many other Objections occurred to the Council that there was not time to debate them, and, therefore, it was put off to another Day, and Mr. Peters was desired to Compare the Re- Emitting Act with former Acts, and to make his Report at the next Council.
A Letter from Brigadier General Stanwix, of the ninth Instant; was read in these Words:
" PHILADELPHIA, June 9th, 1759. 44 Sir :
"Not being favoured with your Answer to my last Letter, desir- ing the Renewal of the Law for impressing Carriages for His Ma
344
MINUTES OF THE
jesty's Service, I am under a Necessity of acquainting you that the King's Service is absolutely at a Stand, untill Waggons can be ob- tained for the Transportation of the Provisions, Ammunition, and Forage, requisite for the Western Army. I have taken all possible Methods to prevail on the Inhabitants of the Province to furnish Waggons for the above purposes, and have offered the most Advan- tageous Terms, ready Money, and every persuasive Argument I could devise ; also, by appointing Persons of Reputation and Sub- stance to Contract with the People in each County, in whose hands I have lodged Money to enable them to fulfil my Engagements, who have already published Advertisements, a Copy thereof is hereunto annexed, which shall be inserted in the next Gazette.
"Notwithstanding all these Steps have been taken, by the Re- turns made by those Gentlemen, I yet find, that on the Sixth In- stant there were only Seventeen Waggons from Bucks, Fourteen from Lancaster, and Six from Carlisle, that could be engaged in the King's Service. In excuse for their Backwardness, the People al- lege that the Last Year's Services are not yet discharged, which is not my fault, as it is well known that every means in my Power for the raising Money to pay them has been taken, and that I have shewn my utmost readiness to Satisfy them, by paying the Com- missioners' Certificates as fast as Money came .in; so that unless the Legislature no Longer Delays to oblige the Inhabitants by Law, under a proper Penalty, that can be instantly recovered by a Sum- mary Process, to furnish, upon the before mentioned Proposals, which no reasonable Man can object to, a sufficient Number of Car- riages, the Advanced Posts must be abandoned, and that Country lost, which has cost the King and the Colonies so much Blood and Treasure.
" The Nature of this Expedition requiring the Service of Light Horse, and the Experience of Last Campaign proving their Utility, I must desire you, in the Strongest Manner, to require the Assem- bly to raise again the Two Troops they furnished Last Year, and to Establish a Post for the Communication with the Western Army.
" I am, Sir, Your most Obedt and Hume Servant, "JOHN STANWIX.""
The Secretary was ordered to lay the said Letter before the House, and to acquaint them that the Governor very earnestly recommended it to them that the several Matters desired by General Stanwix might be Complied with.
Teedyuscung paid a Visit to the Governor, and after the usual Compliments, being asked if he had any thing to Communicate, he spoke as follows:
" Brethren :
"I thank you for your kind reception of me. I have no matter to speak upon of very great Moment at this Time ; I came princi-
345
PROVINCIAL COUNCIL.
pally to see my Old Friends and to enjoy the pleasure of a little Conversation with them.
" Brethren :
"Agreeable to my Engagements at Easton, I have spread far and Wide the News of the Peace there concluded; I have given the Halloo, and many distant Nations have heard it and let me know that the Peace was extremely to their Minds, and that they would heartily join in any thing done by the Governor, at Pennsyl- vania, and Teedyuscung. I shall still continue my best Endeavours to gain over to the Peace more of the Indian Nations as I have Opportunity."
A Belt.
" Brethren :
"I received this String from the Unamies, on and beyond the Ohio, by which they assured me that they had heard of the good Work that was going on between me and the Governor of Pennsylva- nia, and that it gave them the utmost Satisfaction, and they would Concur with us in Establishing a firm Peace with their Old Friends and Brethren.
"This is their String.
" Brethren :
"I received another String of Wampum from the Indian Na" tions, settled on the Heads of the Susquehannah (by his Description of the Place it seemed to be from the Nations settled on the Cayuga Branch), they likewise Expressed their Joy at the Conclusion of a Peace with their Brethren, the English, and said they would Ratify what should be done by the Governor of Pennsylvania and Tudy- uscung, and I now lay before you their String. These Indians desire the Governor would give them a Charge of Powder, for they were very poor and had not Powder enough to kill Deer for their Subsistence."
A String.
" Brethren :
" What I hear from all Quarters is good; the Indians seem desi- rous to return to their Old Alliance with their Brethren. My Heart is all Good."
The Governor thanked him for his kind Speeches, and said as he proposed to stay a little among his Friends, he would give him notice of the time when he should return him his Answer.
At Mr. Peters's.
Teedyuscung said he had omitted some things at the Governor's which he would recollect and tell to me, and after some pause he spoke as follows :
346
MINUTES OF THE
"Brother :
"I must mend my Speeches to the Governor ; I don't speak to you, I speak to the Governor; let him know what I say, and put it to the other things I spoke in Council.
" Brethren :
" Here are Two Mohiccons from the Susquehannab ; they came with me from Wioming; they brought me a String from the Mo- hiccons and Wapings, assuring me that they were heartily disposed for Peace, and would put themselves under Teedyscung, and join, with him and the Governor of Pennsylvania, in the good Work of Peace. I put them under the Wings of the Governor."
A String.
" Brethren :
" I have a small Complaint to make. My Uncles, the Mohocks, have sold Lands that they have not the least Pretensions to, no, not the Value of a Hickory Nut. I mean the Minisink Lands. These always belonged to a Nation of the Delawares, and our Uncles had nothing to do with them, nor could not dispose of them. Our Na- tions are not displeased with our Brethren, only as we have not re- ceived a Consideration for them. Think with yourselves about it, and give us what you Please."
This, Isaac Stille says, was sent to Teedyuscung by Phillip Com- pass.
" The Governor's Answer.
" Brother :
-
"I thank you for your assurances to Continue your best Endea- vours to bring as many Indian Nations into the Peace lately con- cluded at Easton, as you are capable to Influence. I give you this Belt to assure you that I am your hearty Friend, and shall take a pleasure in doing every good Office to the Delawares, Unamies, Opings, and all other Indian Nations that shall return natural Al- liance."
A Belt.
" I shall recommend the request of the Indians who are in Want of Powder, to the Provincial Commissioners, who set to-morrow, and Mr. Peters will acquaint you with their Resolution. I shall at at all times be glad to serve you or any Indians you recommend to me."
A String.
347
1
PROVINCIAL COUNCIL.
At a Council held at Philadelphia, Wednesday, the 13th of June, 1759.
PRESENT :
The Honourable WILLIAM DENNY, Esqr. Lieutenant Gover- nor.
Robert Strettell,
Richard Peters,
Joseph Turner, 7 Benjamin Chew, & Esquires.
Thomas Cadwalader,
A Bill was yesterday presented to the Governor for his concur- rence, was read, Entituled " an Act for the Relief of the Heirs and Devisees, and Assigns of Persons born out of the King's Liegance, who have been Owners of Lands within this Province, and have dyed Unnaturalized," And it was referred to the Consideration of the Attorney General.
Mr. Chew delivered a Paper containing the Observations made by the Gentlemen to whom the Bill for recording Warrants and Surveys, &ca., was referred, which was read in these Words :
" Observations on the Bill entituled "an Act for Recording of Warrants and Surveys, &c.,
"Page 3d. All Warrants, Surveys, Books of Surveys, Maps, Charts, &cª. made by any Public Surveyor or his Deputy, which shall be brought to the Officer, are by him to be recorded, &cª.
"1st. Observan. If Every Paper brought to the Officer, said to be a Survey, Map, or Chart, must, of Necessity, be entered of Record by him, without proof made of its being genuine and Authentick, and made under proper Power and Authority, the Real Estates of the Inhabitants of this Province would then be insecure and preca- rious indeed, and the basest Forgeries might be committed, without a possibility of their being detected, as the Originals when Recorded, are not by the bill directed to be secured in any Office.
"Page 4th. Certified Copies of such recorded Papers are to be as good Evidence as the Originals themselves.
" 2d Observa". This Clause destroys a Sacred Law Maxim, Vizt That the best Evidence shall be given in every Case that the Na- ture of the Thing will admit of. To admit therefore, a Copy of a Copy when the Original may be in being, would be extremely Dangerous. Exemplifications of Deeds recorded, are, by an Act of this Province, made Evidence, but in that Case such Deeds must have been either proved to be genuine by the Affidavit of one of the Subscribing Witnesses, or acknowledged by the Bargainer himself. In the Opinion of good Judges, that Act has gone too far; And it were to be wished that in no Case a Copy should be admitted ag Evidence but in Case of the Loss of the Original, agreeable to the above Maxim.
"Page 5th. The Officer is empowered to sue for all Warrants, Surveys, Maps, and Charts, &ca., made and signed by any Surveyor
.
0 t
348
MINUTES OF THE
or his Deputy, which may be of use to any Person claiming any Right to Lands, &ca., and when recovered he is to record them.
"3d Observa" The Common Law has provided an adequate Remedy for Persons whose Papers or Title Deeds are in the Posses- sion of another and detained from them by giving them an Action of Deteinure against the Wrong doer, wherein on due Proof of the Plaintiff, will Recover Judgment for Delivery of Such, his Papers or Deeds, or on the Defendent's Default, much Damages as an honest Jury may think proper to give him; wherefore, the above new and every Extensive Power given to the Officers seems quite unnecessary. But if it should be thought Expedient to constitute a Public Officer to sue for the redress of a private Damage or In- jury, he should not have it in his Power to vex and harrass any Man, by bringing a Suit against him for any Map, Survey, or Pa- per, that might be of use to any Person or Persons having or Claim- ing any Right to Lands in this Province. That would give too much Power to the Officer, which he might abuse, and introduce Multiplicity of Suits and an Endless Scene of Confusion. His Power of Suing should be Confined to such Maps, Surveys, or Pa- pers only as have been made by due Warrant and Authority, and such as are capable of being proved to be Authentick and are abso- lutely Material to the Title of Land granted to the Person or Per- sons requesting such Suit to be brought, or to some Person under whom they derive their Title. There should moreover be a saving Clause for Particulars, for a valuable Consideration, who are so much regarded that Even in Equity they cannot be compelled to disclose any Papers or Deeds they may be possessed of that may impeach their Title.
" Page 7th, 8, 9, 10, 11. Warrants, Surveys, and other Wri- tings, under which the Purchasers ot Lands hold and Claim, are said to be in the Secretary's and Surveyor General's Offices, in loose Papers, which are not recorded or entered in Books for that Pur- pose, and are liable to be lost, and the Secretary and Surveyor General are not under Security or Oath for the faithful Discharge of their Offices. To remedy which a new Officer is appointed to have free access to those Offices, and to record all Papers found there.
Observation. The Secretary and Surveyor General undoubtedly ought to give good Security to the King in trust for the People, and be under the tie of an Oath for the faithful Discharge of their Duty. It is, also, highly reasonable, and for the publick Advantage, that they should be enjoined by Laws, under a Penalty, to Record all Warrants, Surveys, Draughts, and other Loose Papers in their Offices, respectively in Books for that Purpose, and that their Offices should be erected into Publick Offices, and be free and open to the Search of all Persons applying. This when done will fully answer all the Ends proposed by the Bill in appointing a new officer to record such Surveys, Warrants, &ca-, as remain in the said Offices,
1
1
1
t I
t 0
O
319
PROVINCIAL COUNCIL.
unless it may be thought expedient in case of any accident, or loss of such Papers by Fire, &cª-, to have Duplicates taken and preserved in some other Place, but such Duplicates or Exemplications of them by no means ought to be admitted as Evidence, while the Originals are in being.
" Page 13, 14. Every Warrant to issue in Future is to be sent to the new Officer as soon as it is obtained, and when the Survey is made the Surveyor, or his Deputy, is to make return of the Courses with a Map of the same, to the said Officer, to be recorded immedi- ately under Penalty of Fifty Pounds, &cª.,
" Observation. Every Warrant granted by the Proprietaries Agent, or Commissioner of Property, is conditional, and by the Express terms of the Warrant is void unless the Terms of Pur- chase are complied with, and the Consideration Money paid by the Purchaser. The Contract is Executory, and no Title Vests till the Terms are performed, wherefore no survey should be entered or recorded till the Purchaser had Complied with his Agreement. Be- sides the Surveyor General's Business and Duty is to revise and examine the Works of his Deputy, and to Correct any Errors they may commit, which are as often to the prejudice of the Purchaser as the Proprietaries, and no Survey should be entered till he has examined it, and the Secretary or Proprietaries Commissioner of Property has certified that he has accepted and confirmed it. " Sir :
" We have perused and attentively Considered the Bill referred to us by your Honor, entituled "an Act for recording Warrants and Surveys, &ca.," And are of Opinion it is a Bill of the utmost Importance to the Freeholders of this Province, and deserves the greatest Care, Judgment and Skill in its Formation. We therefore have made the foregoing Observations thereupon, which we think very material, and are
" Your Honour's most Humble Servants, "WILLIAM COLEMAN, " BENJAMIN CHEW, " JOHN ROSS, " JOHN MOLAND.
" June 12th, 1759.
" To the Honourable William Denny, Esq"."
The Governor and Council approving the Remarks and Reason- ings of those Gentlemen, It was thought proper that the Bill should be returned with the following Message, which was delivered by the Secretary, together with the above paper of Observations.
A Message from the Governor to the Assembly.
" Gentlemen :
" The Bill Entitutled "an Act for recording Warrants and Sur- veys, &c ." appearing to be a Law Bill, I referred it to the Consid-
e
e
e
y
350
MINUTES OF THE 1
eration of several Gentlemen skilled in that Profession, who have made many Just Observations upon the Defects of the Bill, and reported that they are of Opinion such a Bill is of the utmost Im- portance to the Freeholders of this Province, and deserves the great- est Care, Judgment and Skill in its formation. I cannot therefore give my Assent to it as it now stands, but have ordered the Secretary to return it to you for your further Consideration, and lay before you the Gentlemen's Remarks upon it, that in a Case of so great Moment wherein the Estate of every Landholder is concerned, nothing may be neglected or omitted that may tend to Secure and Establish their Just and Legal Rights, and every provision may be made to guard against the Frauds of the artful and Evil disposed.
. WILLIAM DENNY.
"June 13th, 1759."
The Re-Emitting Bill was read again, and Mr. Peters reported that he had compared all the Clauses relating to the Re-Emission with former Re-Emitting Acts, and found of all them rightly tran- scribed except one, and that a very material one, which related to the Proprietaries, to whom in the former Acts an Allowance was made of a certain annual Sum as a Compensation for their Loss in receiving their Quit-Rents in paper Bills, at the Rate of the Queen's Proclamation, which were payable in Sterling. This Mr. Peters said was entirely omitted, and was a piece of down-right In- justice, inasmuch as if the Bill passed, the Proprietaries would be obliged to receive no more than Sixteen pence Currency for a Shil- ling Sterling, when every other Person in the Province for Bills of Exchange would get from Sixty to Seventy-five # Ct-, according to the Current Exchange.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.