USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VIII > Part 38
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"The Governor Commands me to return the Bill entituled " an Act for recording of Warrants and Surveys, and for rendering the real Estates and Property within this Province more secure," and to inform the House that he cannot give his assent to it as it now stands. But if the House desires it, he will Communicate by the Secretary, the Heads of such a Beneficial and reasonable Bill as he is willing to Pass, the necessary amendments being too nu- merous to be inserted in the present Bill. And at the request of the House, the Paper was delivered to the Speaker, and is in these Words :
" Heads of an act for erecting the officer of Secretary and Sur- veyor General of the Province of Pennsylvania into Publick Officers, and for erecting a new Office for entering and recording Warrants, Surveys, Draughts, Papers, and Vouchers relating to the Lands of the Inhabitants of this Province.
"It may be Inconvenient for the People of this Province of Pennsylvania in general, that the Offices of Secretary and Surveyor General, so far as relates to the title of Lands, should remain Pri- vate Offices, considering the great Interest of the People therein respectively, and in case of accidents by fire or otherwise, it will be very beneficial for the Province to have Duplicate Entrys of all Warrants, Surveys, Draughts, Maps, Minutes of Property relating VOL. VIII .- 24.
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to Lands, in a proper Office to be erected for that Purpose : There- fore, be it enacted, &cª., that the said respective Offices known by the respective names of the Office of Surveyor General and Secre- tary's Office, so far as relates to Lands or the Title thereof, in this Province of Pennsylvania, And the Officers executing the same respectively, shall be and shall be deemed and taken to be to all intents and Purposes, Publick and Provincial Offices and Officers, and the said Office respectively hereafter shall be kept in the City of Philadelphia, where all Person and Persons shall have free access at the times hereafter appointed for that Purpose, and shall be called by the respective Name and Names aforesaid; and that all War- rants from the Surveying, Locating, and laying out of Land Sur- reys, Maps, Charts, Minutes of Property, and other Papers or Writings whatsoever, relating to any lands in this Province, which have heretofore been drawn, made, or Written, and are or ought to be in the said Offices, or in the Custody or Power of the said Offi- cers, or either of them, shall be and shall be deemed and taken to be to all intents and Purposes, Public Writings, Records or Papers, wherein as well the Proprietaries as the People of the said Pro- vince respectively are interested ; And that all Warrants, Surveys, Maps, and Charts, and other Papers or Writings whatsoever, (ex- cept Minutes of Property) relating to Lands as aforesaid, have heretofore or which shall hereafter be drawn, made, or written by virtue of or under any Person or Authority from the Proprietaries aforesaid, shall be lodged and deposited in the said office of Sur- veyor General, and the said Minutes of Property in the said Office of Secretary, as heretofore hath been used. And be it further enacted by the Authority aforesaid, That any Copy or Copies of such Warrant or Warrants, Survey or Surveys, Maps, Charts, or other Writings, or any and every of them, Signed and Certified by the said Surveyor General for the Time being, and proved to be a true Copy or Copys of such Original Warrant or Warrants, Sur- veys, Maps, Charts, or other Writing or Writings, or any of them, shall be a good Evidence in all Courts of Judicature of this Pro- vince and elsewhere, as such Original or Originals may or can be.
" And be it enacted by the Authority aforesaid, That the said Surveyor General and Secretary (who are to be appointed and give such Security as hereinafter is mentioned) shall forth- with provide proper Books respectively of good Parchment, or the best paper that may be had, in which Books, so to be pro- vided by the Surveyor General for the time being, shall be lodged and entered by him or his Deputy, or Deputies, all such Warrants, Surveys, Maps, Draughts, Charts, and other Papers and Writings as aforesaid, in a fair and Legible Hand Writing; And the Pages of every such Book and Books shall be numbered, as well as every several Writing Copied therein ; And in every such Book and Books shall be made and Written an Index, in an Alphabetical Manner, of the Name and Names of the respective Townships and
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Counties in this Province where the Lands respectively lay, to which each and every Writing, Draught, or Paper, entered or to be entered in every such Book & Books shall relate, and each and every Denomination shall refer to the Page where each and every respective parcel of Land in each respective Township is or are entered in such Book and Books; And, also, there shall be made and Written in every such Book and Books an Index, in an Alpha- betical order, to each and every of the name and Names of every first Purchaser of each and every Tract, Piece, or Parcel of Land whereto any of the said Draughts, Writings, or Papers do or shall relate respectively; and each of the said names shall refer to the Page or Pages where such Name or Names are respectively men- tioned in any of the said Entries, for the more Speedy and ready finding out each and every distinct and Seperate Writing, Draught, or Paper so to be entered in such Book or Books as aforesaid (and the same for the Secretary's, &cª.)
"And be it enacted by the Authority aforesaid, that the said offi- cers respectively shall, upon application made to either of them respectively for such purpose, make such Diligent Searches for each and every of the said Warrants, Surveys, Draughts, Maps, Charts, Writings, and Papers whatsoever as aforesaid, as shall be required of them, or either of them respectively, by any Person or Persons whatsoever, for each of which Searches the said respective Officers shall receive and be paid them Sum of , and no more; and the said Secretary and Surveyor General respectively shall, upon demand, give a Certificate or Certificates of such Search or Searches being so made; and that they or either of them have or hath not found (as the truth shall be) such Warrant, Survey, Draught, Map, Paper, or Writing, so Searched for as aforesaid; ! and for such Certificate the said Officers respectively shall take and receive , and no more. And in case they or either of them, the said Secretary or Surveyor General, shall give a false Certificate or Certificates, he shall forfeit to the Party or Parties grieved treble Damages, to be recovered by Action on the Case in the County where such Offence or Offences, Default or Ne- glect, shall be so committed."
" How the Officers are to be appointed or Nominated.
" To be sworn.
" To give security for the faithful Discharge of their respective Duties. F
" In case of Death, Officers how to be appointed.
'· Officers making false or Fraudulent Entries, to be punished as for Forgery under the Stat.
" And every Person Forsworn in any of the Cases aforesaid, shall be liable to the same Penalties as if the Oath had been taken in any Court of Judicature in this Province.
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" Then Erect a Duplicate Office.
"The Entries in the Duplicate Office all to be sworn to'be true Copys of the respective Originals and Papers from whence Copied.
"The Same Clauses and Regulations as to the Duplicate Office,as far as applicable, as Drawn respecting the Offices and Officers.
"Certificates from the Duplicate Officer to be as good Evidence as the Originals, Where they cannot be had, or Copys immediately from them.
"Fees to be taken by the Officers respectively, and Compensations for their respective Services under this Act.
" Nothing herein contained shall be Construed so as to effect, alter, confirm, or invalidate any Contracts with the Proprietaries, which are or shall be unperformed, but that the same shall remain and be in such State and Condition as if this Act had never been made."
A Letter of the Twenty-Seventh of June, from the Judges of the Supream Court of the Lower Counties, was read, acquainting the Governor that a certain John Willey, who had shot William Out- ten, the Sub-Sheriff of Worcester County, in Maryland, had been indicted of manslaughter, and plead guilty, and was burnt in the Hand.
It was recommended to the Governor to write a Letter to Gover- nor Sharpe, and to Send him a Copy of the Judge's Letter.
The Secretary desired his Minutes might be read of the prece- ding. Councils, he having wrote them fair, on separate Sheets, in which all was put down that was said, on each Bill, distinct by it- self. The Governor was pleased to say he would appoint a Time on Purpose to have the Minutes read over, and appointed Mr. Chew and Mr. Lardner a Committee, with the Secretary to revise them.
At a Council held at Philadelphia, Saturday the 7th of July, 1759.
PRESENT :
The Honourable WILLIAM DENNY, Esq'., Lieutenant Gov- ernor.
William Logan,
Richard Peters, Esquires.
Benjamin Chew,
Thomas Cadwalader, S
The Governor informed the Council that having received a Letter from General Stanwix, dated at Lancaster the Second Instant, he had yesterday sent an Extract thereof to the House, with the fol- lowing verbal Message :
" Sir :
" I am Commanded by the Governor to lay before the House, an Extract of a Letter he has just now received from Brigadier Gene- ral Stanwix, and his Honour most earnestly recommends the General's request to their most immediate Consideration."
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Extracts from General Stanwix's Letter to the Governor.
"For God's Sake, Sir, press the Assembly for the same Law as last Year, with the Penalty of Twenty Pounds, tho' it be but for four or five months ; it will be of infinite use to us.
" The Light Horse must not be forgot ; to grant which, I hope the Assembly will Comply, if the Commissioners cannot do it of themselves; every Body tells me that the Service on the Commu- nication will go on very heavily without them.
" A Post was regularly kept last year by the Assembly for the Communication ; hope they will not treat me worse than they did General Forbes."
And then His Honour laid before the Board the following Mes- sage, which he received this morning by Two Members, who ac- quainted him that the House desired to know his final result on the Bill for recording Warrants and Surveys, now before him, as soon as possible, as they design to adjourn this afternoon to the Tenth day of September next :
A Message to the Governor from the Assembly.
"' May it please your Honour :
" We have considered the Several Requests of General Stanwix sent down by your Honour, and are of Opinion that had the late General Forbes complied with his Contract in furnishing Forage and paying the Inhabitants for their Waggon and Horse Hire last year, there had been no use or occasion for a further Law to impress Carriages, nor would such Occasion Continue, were those Contracts even now paid off and discharged, as both His Majesty's Service and Justice to the People loudly demand ; For there can be no doubt but the same People, who, with so much chearfulness entered their Waggons and Horses into the King's Service last year, were they rendered capable by receiving their just Due from the Crown, would with the same Readiness enter into the like Service again. We, therefore, request the Governor would recom- mend, to the General, as the most effectual Method of procuring Wag- gons and Carrying on the present Expedition, to order immediate Payment of the Sums so long due on the Old Contract; without which, many people who have Waggons and are desirous of serving the King are not able to fit them out. We cannot doubt the Gene- ral's Compliance, as his Majesty's service is so essentially concerned therein, and as this Government has lent the Crown the Large Sum of Fifty Thousand Pounds for this very purpose. We must fur- ther remark, that it will but little avail for the Legislature to make Laws respecting the Hire of Carriages, since we have found those theretofore made have been in a great measure disregarded by the General, and Terms by no means so beneficial to the People as directed by Law forced upon them ; this must certainly not only
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discourage the Service, but the Legislature from complying with the General's request until they have reason to believe the Laws they shall make will be executed and obeyed by him.
" We know from late Experience that the Expence of two Troop of Light Horse will be very considerable, and the aids granted to the Crown for current Year's Service, being nearly expended, it is not in our Power to Comply with the General's Request relating thereto.
" It is true the Assembly, at the Desire of General Forbes, did Establish a Post, and the Provincial Commissioners Post Horses, for carrying Dispatches to and from the Communication ; but upon Experience they found that tho' it was attended with an extraordi- nary and heavy Expence, yet it did not Lessen the Charge which before accrued on that Article, the Business being principally done by Special Expresses.
"Signed, by order of the House, "ISAAC NORRIS, Speaker. "July 7th, 1759."
The Governor acquainted the Council that he had received from the House the Bill for recording Warrants and Surveys, with a Message, in these Words :
" May it Please your Honour :
" However unprecedented it may be for Governors to send down Heads of Bills to the Assemblies of this Province, we have in order, if possible, to obtain a Bill so important and necessary to the Security of the Property of the People, as that for recording Warrants and Surveys, &cª, considered those laid before us by your Honour therewith, but as the approach of Harvest renders the Presence of the Country Members immediately necessary at home, we have not Time now to point out all the Numerous Contradictions, Defects and Mischiefs a Bill formed agreeable to them would intro- duce, one; however, we cannot help taking Notice of.
" With Respect to Matters of Property, our Proprietaries must ever be considered in the Light of private individuals as much as any of the King's Subjects in the Province ; and as they are the Landlords, of whom the People hold their real Estates, their In- terest in this respect is diametrically opposite to that of the People. To prove this, many Instances may be given where, by some means, the Securities and Evidences of the People's Rights have been lost and destroyed, and their Lands have been sold over again, to the great Prejudice of the true Owners. To form a Bill, therefore, for securing the Evidences and Vouchers of the Rights of the Inhabi- tants, and to prevent future Impositions and Frauds that may be perpetrated by the Proprietaries Officers on the Property and Pos- sessions of Persons beyond Sea, Orphans and Minors ; and by the same Bill to entrust those Evidences and Vouchers in the Hands
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.
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and Power of those very Officers, who, we are informed, are under private Oaths and Securities to the Proprietaries, would be such an Instance of Legislative Inconsistency as no good Policy can justify, for by this means that very state of Insecurity of the Peo- ple's Rights, which have been occasioned by the Want of Law, would be established and confirmed by the Law itself.
" Against this Mischief, with many others, the Bill late presented to your Honour was attended, and does equitably provide, without doing any injury to the Proprietaries ; we, therefore, again entreat the Governor to re consider it, and give his Assent thereto, as it is a Bill of the greatest Importance to the Welfare of the People com - mitted to his Care.
" Signed, by order of the House, "ISAAC NORRIS, Speaker. "July 6th, 1759."
His Honour was pleased to speak to the Council as follows : " Gentlemen :
" I have heard with attention the Reasons that have been urged against the Bill, and, also, on the other side, have weighed the Im- portance of it to all the Inhabitants of this Province. You, Gen- tlemen, are of one Opinion, and the Representatives of the People are unanimously of another. If the Lords of Trade have any ob- jections to this Act it will be laid before his Majesty in Council, who is the most equal as well as Supreme Judge of the Rights of the Proprietaries and the People."
He then delivered the Bill to the Secretary, and desired him to read it over, to see if it was the same that was sent to him and re- turned to the House, who, after reading it over, told the Governor that he observed no Razures nor Interlineations in it, but it was impossible for him to carry in his memory the Contents of so Long a Bill, as to say whether it was or was not the same.
The Governor observed to the Council that he had no Intention to hurt the present Secretary or the Surveyor General, in their Lawful Perquisites, and would be glad to add a Provise to the Bill, to make a Compensation to them for the Loss of such perquisites and Fees in their Offices as might be occasioned by this Bill. He asked Mr. Peters what he thought the Loss would be to him, and likewise to the Surveyor General, if the present Bill should pass. To which Mr. Peters answered that the Bill was in itself unjust, and it was impossible for him to say in what manner his or the Sur- veyor General's Office might be affected by it. He was, therefore, desired to consult the Surveyor General, and having done so, he re- ported to the Governor that the Surveyor General said the Bill would be very injurious to him and his Deputies, but could not as- certain the Loss. And he doubted much if he or they would ven - ture to accept Warrants at the Risque of paying Fifty Pounds, if
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they did not execute them within the limited time by the Act. This, however, he was pretty sure of, that all further applications for searches and Copies of Papers would now be made to the Popular Officer. And at present he received above fifty Pounds a year in those two Articles.
The following additional Clause was, at the Instance of the Gov- ernor, inserted in the Bill respecting the present Secretary and Sur- veyor General :
And then the Governor sent a Message to the House that he was ready to give his assent to the Bill. And it was according the same Day enacted into a Law, And the great Seal affixed thereto by the Governor, in the Presence of two Members.
The Speaker presented to the Governor an Order for One Thou- sand Pounds, on the Trustees of the Loan Office.
At a Council held at Philadelphia, Monday the 20th of August 1759.
PRESENT :
The Honourable WILLIAM DENNY, Esq", Lieutenant Gover- nor.
Richard Peters,
Lynford Lardner, Esquires.
Several Letters from Brigadier General Stanwix, of the thirteenth and sixteenth Instant, to the Governor, were read, wherein he de- sires Two Companies of Artificers for the Building of the Forts and erecting Vessels on Lake Erie, &cª, which were ordered to be entered.
A Letter from General Stanwix to Governor Denny.
BEDFORD, the 13th August, 1759.
" Dear Sir :
" I am sorry to be under a Necessity of acquainting you that after exerting my utmost Endeavors and all the active Assistance you was pleased to give me, I cannot yet procure a Sufficient Num- ber of Waggons to transport the Provisions necessary for the Main- tenance of the Army under my Command.
" The County of Lancaster, our Chief Dependance, is the most Backward, and Bucks and Chester have given us only Nominal Assistance, by sending us impressed Waggons, unfit for this Ser- vice, by the Weakness of the Horses and Carriages. The Mana- gers meet with more opposition in these two Counties than in any of the others, as the Magistrates seem unwilling to disoblige them ; and unless they are spurred by the fear of incurring your Displea- sure, I am afraid they will not Exert their Authority in such a manner as will Answer the Purpose.
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" It is with reluctance that I must trouble you again upon this Subject, but being stopped in my march, for want of a Sufficient and Certain Succession of Carriages, I am obliged to have recourse to you to extricate me out of this Difficulty.
" I have wrote the Inclosed Circular Letter to the Managers of each County, to spirit them up, and Endeavour to make the best use of this most favourable Opportunity.
" Exclusive of the great Supply of Provisions necessary for Troops, Waggons, Horses, Drivers, &cª., there has constantly been hundreds of Indians to Feed at Pittsburgh, which has sunk that Magazine as fast as it could be Supplied, and the demand for Carriages for Indian Goods, Cloathing for Provincial Troops, and other Necessary Stores, has also contributed to prevent any considerable Magazine of Provisions being formed at that Post.
"I must beg you will make Application to the Assembly for the immediate furnishing me with two Companies of Shipwrights, and other Necessary Artificers to be employed, as soon as possible, in building proper vessels on Lake Erie, to secure the Command of that Water, the Trade and friendly Interest with the over Lake Indians, and preserve the Communication with Niagara.
" I am, Sir,
"your most obedient and most hume. Servant, "JOHN STANWIX."
Circular Letter from General Stanwix to Managers for Waggons.
"CAMP AT FORT BEDFORD, the 13th August, 1759. " Gentlemen :
" The Glorious Success of His Majesty's Arms in the Beginning of this Campaign, must fill the Heart of every good Subject with Gratitude, Zeal, and Activity for His Service. The People of this Province have it now more particularly in their Power to shew their Loyalty, by exerting themselves in furnishing without Delay the Waggons wanted for this Expedition.
" All the Difficulties are removed. The Communication with Pittsburgh is intirely clear of Enemies. The Roads are good, having been repaired by the Troops with great Pains and Fatigue. The Harvest is now over. Ready Money is regularly paid for every Service done, and indeed I cannot suppose that the Inhabi- tants of this Province would so far forget their Duty and the signal Favours they have lately received, by the Blessing of Providence, upon all our Enterprises, as to Express the least Sign of unwilling- ness or Backwardness on this Occasion.
"The Season advances fast upon us, and our Magazines are not half full. All our Delays are owing to Want of Carriages. The Troops are impatient to dislodge and drive the Enemy from their
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Posts on this side the Lake, and by Building a respectable Fort upon the Ohio, secure to His Majesty the just Possessions of that rich Country, encroached upon as by a Troop of Murderers, who for many years have laid your Frontiers waste, murdered and Capti- vated your Inhabitants without Distinction of Age or Sex. Would not this be the Case again, if we don't Seize this favourable Oppor- tunity to extirpate them intirely.
"I expect, Gentlemen, from your known Zeal and Consciousness of the necessity of taking at this Juncture the most Active Mea- sures, that you will exert yourselves in a particular Manner to Spirit up the People in your Departments, and engage them to assist us with their Waggons, and avoid the Eternal Blame and heavy Charge that would lay at their Doors, If by an unwarrantable In- difference for the Good of their Country, this Expedition should miscarry for want of a few Waggons, when they have it in their Power by a Month or two of labour to secure themselves and to their Children a lasting and undisturbed Peace, and the free Posses- sion of their Liberties and Properties, and remove their Enemies at such Distances as never to be able to disturb them again.
" I desire this Letter may be communicated to the Magistrates of each County, and I depend upon their ready Concurrence and Au- thority to assist you, and remove any frivolous Objection tending to Delay the Execution of this Important Service.
"Numbers of the Waggons furnished hitherto are bad; The Horses too weak, and as they can do no Service, I expect that they will be replaced by Sufficient Ones, as I cannot admit such disabled Teams to be part of the Proportion of a County.
" Please to inform me Speedily of your success that I may take my measures accordingly.
" I am, Sir, "Your Most Obedt Humble Servant, " JOHN STANWIX.
"To the Managers for Waggons in each County."
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Another Letter from General Stanwix to Governor Denny.
" CAMP AT FORT BEDFORD, the 16th August, 1759.
" Sir :
"I inclose you herewith the Copy of my Intelligence from Colo- nel Mercer and Captain Croghan, to which I refer you.
" As your Assembly now Sitts, as I am informed, must again beg you would lay before them the necessity of passing a Law for Three Months as Last Year, with a Penalty of Twenty Pounds to be levied upon those who refuse to send their Waggons to Fort Bedford, when thereto called upon by the Lawful Magistrate to
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