USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VIII > Part 68
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
"Given under my hand, & the Great Seal of the said Province, at Philadelphia, the Sixteenth day of January, in the Year of our Lord, one thousand seven hundred & Sixty-two, and in the Second Year of his Majestie's Reign.
"By His Honour's Command.
" JAMES HAMILTON.
" JOSEPH SHIPPEN, jun'., Secretary.
"GOD SAVE THE KING."
.
of
Go Jo Be
ma pe ter ba eu th
m b
=
i
i
673
PROVINCIAL COUNCIL.
At a Council held at Philadelphia, on Wednesday the 27th day of January, 1762.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutentant Governor.
Joseph Turner,
Benjamin Chew,
Richard Peters,
Esquires.
A Bill entituled " An Act to regulate the Courts of Justice of this Province, to limit the continuance of Actions, to ascertain the manner of taking the depositions of aged & infirm Witnesses, and persons about to leave the Province, and to compel the better at- tendance of Jurors on the several Courts within this Province," having been presented to the Governor by the Assembly for his Con- currence, was read & considered, And the Council adjourned 'till the afternoon.
P. M. Present as before.
The above Bill was further considered, & the following Amend- ments were made thereto, and sent with the Bill to the Assembly, by the Secretary.
"Amendments to the Title of the Bill entituled "An Act to regulate the Courts of Justice of this Province, &c."
"Line 1. After the word [the] insert the Words [Times of hold- ing the ].
" Line 2, 3, 4. Dele the Words [to limit the continuance of ac- ions].
" Amendments to the Bill entituled "An Act to regulate the Courts of Justice, &c."
" Dele from the word [Whereas] in the Antepenult Line of the first page, to the word [and ] inclusive in the Penult Line of page 10. "Page 11, Line 2. Dele the word [Transaction] instead thereof, insert the word [transacting].
" Page 11, Line 4. Dele the words [authority aforesaid], and in- stead thereof, insert as follows, viz": [Honourable James Hamilton, Esquire, Lieutenant Governor, under the Honourable Thomas Penn and Richard Penn, Esquires, true & absolute Proprietaries of the Province of Pennsylvania, and Counties of Newcastle, Kent, and Sussex, upon Delaware, by and with the advice and Consent of the Representatives of the Freemen of the said Province in General Assembly met, and by the authority of the same].
VOL. VIII .- 43.
e y
t ,
r
1
1.
674
MINUTES OF THE
" Dele from the word [and] in the 10th Line of Page 13, to the word [Execution ] inclusive, in the 10th Line of Page 19.
Page 20. Dele from the word [the] in the fifth Line, to the Word [Witnesses] inclusive, in the 8th line, & instead thereof in- sert as follows, Viz": [in all Cases, where any Sea faring persons, or others about to depart from this Province, or any ancient or in- firm persons shall or may be material Witnesses in any Action now depending, or which hereafter may be brought and depending in any of the Courts of Civil Judicature in this Province, the Depo- sitions of all and every such Witness or Witnesses].
Same page, Line 10. After the word [Province ] add [where such Action is or may be depending].
Same page, Line 13. After the word [aforesaid ] add [on the Tryal of the said Cause].
At a Council held at Philadelphia, on Monday, the 8th day of February, 1762.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor.
Benjamin Shoemaker,
Benjamin Chew,
Richard Peters, Esquires.
A Bill entituled " An Act for recording Warrants and Surveys, & for rendering the Real Estates and Properties within this Pro- vince, more secure,' was read and taken into Consideration, & it ap- pearing to be formed on the same Plan with the one lately repealed by his Majesty in Council, to contain several matters injurious to the Rights of the Proprietors of this Province, and to be uncapa- ble of Amendment, it was returned to the House with the following Message :
A Message from the Governor to the Assembly.
" Gentlemen :
" I have carefully considered the Bill sent up for my Concur- rence, intituled ' An Act for recording Warrants and Surveys,' &cª., and heartily wish the Provisions contained in it had been such that I could freely have given my assent to it; but instead thereof, I am sorry to find that the present Bill is formed on the same plan, and liable to the most material part of the same Objections for which your late law respecting these Offices, was, after a full hear- ing, repealed by his Majesty in Council.
" I have endeavoured, as much as in me lay, to amend it, so as to make it conformable to what I conceive just and reasonable upon this Subject, but have found, upon Trial, that the necessary Alte-
8
of
ch th st K
car
or th
Le ag th sh D
bee of of ces the as peo tio be
rati tha with ten that pro givi self Se ed gia
675
PROVINCIAL COUNCIL.
rations and Amendments would be so numerous and perplexing, that a new Bill, I hope, agreeable to both our sentiments, might, with less difficulty, be framed, to answer all the good purposes in- tended by the Law now before me.
"I am commanded, Gentlemen, by the Proprietaries, to declare that it is their desire to render the people as secure in their Landed properties as possible, without injuring their ancient Officers, or giving up their right of appointing new ones ; and I can, for my- self, with great Truth assure you, that I sincerely entertain the same Sentiments, as an Earnest whereof, I will not scruple to acknowl- edge that the several Offices, where the only Evidences of the Ori- ginal Rights of the Freeholders in this Province, have heretofore been deposited and kept, have long appeared to me to stand in need of some Regulations.
" I have ever been of. opinion that a Law for erecting the Offices of Proprietary, Secretary, and Surveyor General, into publick Offi- ces, and requiring the persons appointed from time to time to fill them, to give sufficient security to the King or to the Proprietaries, as should be thought most expedient, in trust, nevertheless, for the people ; and moreover, to oblige them to take an Oath or Affirma- tion for the faithful and impartial discharge of their duty, would be extreamly proper & of great publick Utility.
" It seems also an object, no less worthy the attention of the Legislature, that proper precautions should be taken to guard against the Mischiefs & Confusions that would necessarily ensue to the people, in case the Records and papers lodged in these Offices should be destroyed by Fire or any other accident.
"I cannot, therefore, but highly approve of the proposal of taking Duplicates and fair Copies of such Records and Papers, and con- firming such as have heretofore been taken, after they have been carefully compared & examined, to be preserved in some place of safety, to be made use of as Evidence on the loss of the originals or any of them, but not otherwise, reserving the appointment of the Officer who may have the Custody of them, under the like Oath & Security as above mentioned, to the Governor, which is a Branch of the Royal Prerogative that I ought not, and therefore cannot give up.
" A Bill formed on these general Principles, I would at any time. chearfully give my assent to, after which, I may be bold to say, that the landed Estates of the people of this Province would be as sub- stantially and effectually secured as they are in any part of the King's Dominions, or as in Reason & Justice could be desired.
" But, as to the Bill now before me, I cannot assent to it as it stands, & therefore return it to the House.
"JAMES HAMILTON.
" February 8th, 1762."
.
t
l
).
W
be
he
676
MINUTES OF THE
A Bill entituled " An Act for opening and better amending & keeping in repair the publick Roads and Highways within this Pro- vince," was read, considered, & agreed to, and returned to the House with a Message acquainting them with the Governor's assent thereto.
Then was also read a Bill entituled "An Act for vesting the State House and other publick Buildings with the Lotts of Ground whereon the same are erected, together with other Lotts situate in the City of Philadelphia in Trustees, for the uses therein particularly men- tioned," & several Amendments were made thereto, which, with the Bill, were returned to the House.
A Bill entituled " An Act for the Recovery of the Duties of Tonnage upon Ships and Vessels, & certain duties upon Wine, Rum, Brandy, & other Spirits, and upon Sugar, which became due by vir- tue of a Law of this Province lately expired, & which were not received during the continuance thereof, and for appropriating the Surplus of the said Duties," was read and returned to the House with one Amendment.
A Petition from the Inhabitants of Lancaster, York and Cum- berland, praying that a Road might be opened and laid out from the Town of Lancaster, to Carlisle, by the way of Lowe's Ferry, now Bertram Galbraith's, was read & the Consideration thereof postponed to the next meeting.
MEMORANDUM :
On the 10th day of February, 1762, A Bill entituled " An Act for the more effectual suppressing & preventing of Lotteries, was presented to the Governor, & the next day returned to the House, with one amendment.
11th February, 1762.
The Governor having received, by Frederick Post, a Letter from some of the Delaware Chiefs over the Ohio, acquainting him that they proposed to hold a Treaty with him early in the Spring, he laid the same before the Assembly with the following Message :
A Message from the Governor to the Assembly.
" Gentlemen :
" I think it necessary to acquaint You that I have lately received from the Delaware Chiefs, Beaver, and Shingas, the Message here- with laid before You, from which it appears that they are very well disposed to cultivate the Friendship of their Brethren, the English.
1
t
a a
a
as af
P
th st Ti ex sh
677
PROVINCIAL COUNCIL.
"And, as since the ceasing of Hostilities betwixt his Majesty's Subjects and them, several Invitations hath been given them, on the part of this Province, for a personal Interview, in order to strengthen and brighten the Chain of Friendship, which, for a long Time, did so happily subsist between us, I cannot but think it highly expedient to give them a Meeting, at such time and place as they shall appoint for that purpose.
" But as this cannot be done without a considerable charge to the Province, I am to request, if you approve of the Measure, that you will make Provision, as well for the expence attending the Treaty; as for the present to be made them, which, upon this Occasion, and after so long an Intermission, will undoubtedly be expected to be a liberal one.
" If it be found necessary that the proposed Treaty shall be held at any other place than the City of Philadelphia, it would be very agreeable to me that some of the Members of your House should accompany me thither.
"JAMES HAMILTON.
"February 11th, 1762."
At a Council held at Philadelphia on Tuesday, the 16th Febry-, 1762.
PRESENT :
The Honourable JAMES HAMILTON, Esquire, Lieutenant Governor, &ca.
Benjamin Shoemaker,
Thomas Cadwalader, ? Esquires.
Richard Peters,
Lynford Lardner,
A Bill entituled "An Act to enable the Owners and Occupiers of the Wiccaco Meadows, in the County of Philadelphia, to keep the Banks, Dams, Sluices, and Floodgates in Repair, & to raise a fund to defray the Expence thereof," being sent up to the Governor for his Concurrence, was read and approved, and returned to the House without any Amendment.
The Governor laid before the Board a Letter from the Right Honourable the Earl of Egreemont, his Majesty's Principal Secre- tary of State, Dated the 12th December, 1761, as also one from General Amherst, dated at New York the 9th February, 1762, making a Requisition from this Province to raise Troops for his Majesty's Service the ensuing Year, which were read, and the Gov- ernor having prepared a Message to the Assembly, it was read, and sent to the House by the Secretary, with the above mentioned Letters :
1
E
f 1. e f
0- at te
678
MINUTES OF THE
A Letter from the Right Honourable the Earl of Egremont to the Governor.
" WHITEHALL, December 12th, 1761.
“ Sir:
"As the King has nothing so much at Heart as to secure and improve the great and important advantages gained since the Com- mencement of this War in North America, and having seen his good Dispositions to restore the publick Tranquility entirely frustrated, by the Insincerity and Chicane of the Court of Versailles, in the late Negociation ;' and as nothing can so effectually contribute to the great and essential Object of reducing the Enemy to the necessity of accepting a peace, on Terms of Glory and Advantage to his Ma- jesty's Crown, and beneficial in particular to his Subjects in Ame- rica, as the King's being enabled to employ, as immediately as may be, such part of the Regular Forces in North America as may be adequate to some great and important Enterprize against the Enemy, I am commanded to signify to you the King's pleasure, that in order the better to provide for the full and entire Security of His Majesty's Dominions in Nº· America, & particularly of the posses- sion of his Majesty's Conquest there, during the absence of such part of the Regular Forces, You do, forthwith use your utmost endeavors with the Council & Assembly of your Province, to in- duce them to raise, with all possible dispatch within your Govern- ment, at least the same number of men as was required from your Province by Mr. Pitt's Letter of December 17th, 1760, viz" : Two- thirds of what they raised the preceeding Campaign, & forming themselves into Regiments, as far as shall be found convenient, that you do direct them to hold themselves in readiness, & particularly as much earlier than former Years as may be, to March to such place or places in North America, as his Majesty's Commander-in- Chief there, or the Officer who shall be appointed to Command the King's Forces in those parts, shall appoint, in order to be employed there, under the Supreme Command of his Majesty's said Com- mander-in-Chief, or of the Officer to be appointed as above, in such manner as from the Circumstances & Situation of the Enemy's Posts, & the State & Disposition of the Indian Nations on that side, he may judge most conducive to the King's Service ; And the bet- ter to facilitate this important Service, the King is pleased to leave it to you to issue Commissioners to such Gentlem". in your Pro- vince as you shall judge from the Weight and Credit with the peo- ple, and their Zeal for the public Service may be best disposed, & enabled to quicken & effectuate the speedy Levying of the greatest number of Men. In the disposition of which Commissioners, I am purswaded you will have nothing in view but the good of the King's Service, and a due Subordination of the whole to his Maj- esty's Commander ; And all Officers of the Provincial Forces, as high as Colonels inclusive, are to have rank according to their seve-
7
ra in ha
as ord m of an & m es Y ir
0
679
PROVINCIAL COUNCIL.
ral respective Commissions, agreeable to the Regulations contained in his late Majesty's Warrant of the 30th December, 1757, which has been renewed by his present Majesty.
The King is further pleased to furnish all the Men, so raised as above, with Arms, Ammunitions, and Tents, as well as to order Provisions to be issued to the same, by His Majesty's Com- missaries, in the same proportion and manner, as is done to the rest of the King's Forces. The whole, therefore, that the King expects and requires from the several Provinces, is the Levying, Cloathing, &' pay of the Men ; & on these Heads, also, that no Encourage- ment may be wanting to this great & Salutary Service. His Maj- esty is further most graciously pleased to permit me to acquaint You that Strong Recommendations will be made to Parliament, in their Session next Year, to grant a proper Compensation for such Expences, as above, according as the active Vigor and Strenu- ous Efforts of their respective Provinces shall justly appear to merit.
" It is his Majesty's pleasure that you do with particular dili- gence immediately collect & put into the best Condition, all the Arms issued last Campaign, which can be any ways rendered ser. viceable or that can be found within your Government, in order that the same may be again employed for his Majesty's Service.
" I am further to inform you that similar orders are sent by this Conveyance to Maryland, Virginia, North Carolina, & South Caro- lina. The Northern Governments are also directed to raise Men in the same Manner, to be employed as His Majesty's Commander-in Chief shall judge most conducive for the King's service in North America.
"It is unnecessary to add anything to animate your Zeal in the execution of His Majesty's orders, in this important Conjuncture, which is finally to fix the future safety and Welfare of America, and of your own Province in particular ; And the King doubts not, from your known Fidelity and attachment, that you will employ yourself with the utmost application & dispatch in this promis- ing & decisive Crisis.
"I am, with great Truth and Regard, Sir, "Your most Obedient humble Servant, " EGREMONT.
"Dept Governor of Pennsylvania."
-
A Letter from His Excellcy. Sir Jeffery Amherst to the Governor. "NEW YORK, February 9th, 1762. " Sir :
" By the General Wall pacquet, which arrived here this Morn- ing, I am honored with a Letter from the Earl of Egremont, one of
.
e
e
d
id
he
680
MINUTES OF THE
his Majesty's principal Secretaries 'of State, bearing] date the twelfth of December last, wherein his Lordship is pleased to ac- quaint me that as the King has nothing so much at Heart as to secure and improve the great and important Advantages gained since the Commencement of this War in North America, and having seen his good Dispositions to restore the public Tranquility frustrated by the Insincerity and Chicane of the Court of Ver- sailles, in the late Negociation, His Majesty is again obliged to take into his Royal Consideration what ulterior operations can be entered upon by such part of the Troops under my Command as can be spared for other Service, without the least Diminution of the full and entire Security as well of His Majesty's former Dominions as of those acquired by Conquest in North America. In order that every thing may be in readiness for an early Campaign, & to be able to employ an adequate number of the Regular Forces in what- ever attack may be resolved upon, His Majesty has thought it nec- essary to lose no time in dispatching His Orders to the several Governors in North America, for levying, with the utmost expedi- tion, the Quotas required of the respective Provinces.
" His Majesty's directions on this Subject to the several Gover- nors, are as fully specified in the Circular Letter wrote by the Earl of Egremont, of which his Lordship has sent me a Copy, that it only remains with me most earnestly to entreat you to lose no time in convening your Assembly, and laying before them the aforesaid Letter of the Secretary of State; and that you will forthwith use your utmost Endeavours and Influence with the Council and As- sembly, to induce them to raise with all possible dispatch within your Government, at least the same number of Men as was re- quired from your Province, by Mr. Pitt's Letter of December 17th, 1760, viz": Two-thirds of what they raised the preceeding Cam- paign.
"I cannot think, Sir, that I need urge any arguments to con- vince you of the necessity of an early Compliance with his Majes- ty's Commands, as it is more than probable that this Campaign, if opened in time, and carried on with Vigour, must be that which will at last compel our Enemy to treat in earnest on such Terms as will be equally glorious and advantageous for his Majesty's Crown, and permanently beneficial to His American Subjects ; and I there- fore trust the Assembly will enable you to put those commands into immediate Execution, since they terminate in a point wherein they are so nearly concerned, and that the King's principal object has been for their present security, as well as their future Welfare & Prosperity.
"You will observe, by the Earl of Egremont's Letter, that, as a further encouragement to a proper exertion on the part of the Pro- vinces, His Majesty has ordered, as heretofore, that the Provincial Forces should be victualled in the same manner, & in the same proportions, as the Regulars; and that they should be supplied
fro the Tr wit lat of ti ric ab C as hi in d P
lect & that that of b of T
with that s Sessio their meri
681
PROVINCIAL COUNCIL.
with Arms and Tents at the Expence of the Crown; moreover, that strong Recommendations will be made to Parliament, in their Session next Year, to grant a Compensation to the provinces, as their respective Vigour and strenuous Efforts shall justly appear to merit.
"I have also in command from his Majesty to enjoin you to col- lect & cause to be put in proper condition all the serviceable Arms that can be found within your province; for every one of which that shall be brought to the Field, and shall not return by reason of being spoiled in actual Service, I shall pay the usual Allowance of Twenty-five Shillings P. Firelock.
"As it is very essential to the services I may have in Command from the King that I should be, as early as possible, informed of the Resolves of your Assembly on this Head, and of the time the Troops will be ready, I beg that as soon as you are acquainted there- with, you will signify the same to me by Express, that I may regu- late myself accordingly.
" I have likewise received a Letter from the Earl of Egremont, of the same date with the former, signifying his Majesty's Inten- tions of compleating the Regular Regiments serving in North Ame- rica, by recruits to be raised by the several Provinces (over and above the Quotas demanded in the other Letter), on such Terms & Conditions as I shall propose. I shall, in obedience thereto, as soon as I have fixed on the numbers necessary to be furnished by the re- spective Provinces, communicate to you the Encouragement which his Majesty is graciously pleased to empower me to give for effect- ing this most essential Service ; & in the mean time, I think it my duty to acquaint You of this intended Measure, that you may be prepared for exerting your utmost Influence with your Assembly to grant the number of men that I shall be obliged to require of your Province, that His Majesty's Commands may be duly obeyed.
"I am, with great Regard, Sir, " Your most Obedient humble Servant, "JEFF. AMHERST.
A Message from the Governor to the Assembly.
" Gentlemen :
"By the Packet just arrived, I had the Honour to receive a Letter from the Right Honourable the Earl of Egremont, one of his Majesty's principal Secretaries of State, setting forth, That the King, having nothing so much at Heart as to secure and improve the great advantages gained since the commencement of this War in North America, and having seen his good Dispositions to restore the publick Tranquility, entirely frustrated by the Insincerity & Chicane of the Court of Versailles in the late Negociations ; and as nothing can so effectually contribute to the great and essential object of reducing the Enemy to the necessity of accepting a peace
682
MINUTES OF THE
on Terms of Glory & advantage to his Majesty's Crown, and bene- ficial in particular to his Subjects in America, as the King's being enabled to employ, as immediaely as may be, such part of the regu- lar Forces in North America, as may be adequate to some great and important enterprize against the Enemy; he is, therefore, com- manded to signify to me the King's pleasure, that in order the better to provide for the full and entire Security of his Majesty's Dominions in North America, & particularly of the possession of his Majesty's Conquests there, during the absence of such part of the Regular Forces, I should forthwith use my utmost En- deavours & Influence with the Council & Assembly of this Province, to raise, with all possible dispatch, within my Government, at least the same number of Men as was required from this Province by Mr. Pitt's Letter of the seventeenth of December, 1760, viz *: Two thirds of what they raised the preceeding Campaign; and that forming the same into Regiments as far as shall be found convenient, I should direct them to hold themselves in readiness, and particu- larly as much earlier than former Years as may be, to march to such place or places in North America, as His Majesty's Comman- der-in-Chief there, or the Officer who shall be appointed to com- mand the King's Forces in those parts shall appoint, in order to be employed there, under the Supream Command of his Majesty's said Commander-in-Chief, or of the Officer to be appointed as above, in such manner, as from the Circumstances & situation of the Enemy's posts, and the state and disposition of the Indian Nations on that side, he may judge most Conducive to the King's Service.
"And the better to facilitate this important Service, the King is pleased to leave it to me to issue Commissions to such Gentlemen in this Province as I shall judge, from the Weight and Credit with the people, and their Zeal for the publick Service, may be best disposed and enabled to quicken and effectuate the speedy Levying of the greatest number of Men; and, further, to allow all Officers of the Provincial Forces, as high as Colonels inclusive, to have Rank according to their respective Commissions, agreeable to the Regulations contained in his late Majesty's Warrant of the 30th of December, 1757, which has been renewed by his present Majesty.
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.