USA > Pennsylvania > Colonial records of Pennsylvania, Vol. X > Part 10
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Eodem die.
The Governor, attended by the, Council, The Mayor, Recorder, and Commonallity of the City, and several Gentlemen of the Clergy, and preceded by the Sheriff and his Officers, went in Pro- cession to the Court House, where his Commission was published with the usual Solemnities, in the presence of a very great Con- course of People.
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Tuesday the 31st August, 1773.
The Secretary having, according to order, prepared a Draught of a Proclamation for continuing all Magistrates and other Officers in their respective Offices, the same was read and signed by the Gov- ernor, and the Great Seal being immediately affixed thereto, it is ordered to be published in all the Public Papers, and follows in these Words, Vizt:
" By the Honorable JOHN PENN, Esquire, one of the true and absolute Proprietaries of the Province of Pennsylvania, and Counties of New Castle, Kent, and Sussex, on Delaware, and Governor and Commander-in-Chief of the said Province and Counties, as well in his own Right, as by the appointment of the Honorable Thomas Penn, Esquire, the other true and absolute Proprietary of the said Province and Counties.
" A PROCLAMATION.
" WHEREAS, it is necessary on my accession to the Government of this Province, in order to prevent Failures in the administration of Justice, to continue the several persons holding Commissions under this Government in the exercise and enjoyment of their re- spective Offices ; I have, therefore, by and with the advice of the Council, thought fit to ordain, and do hereby ordain and declare, that all orders and Commissions whatsoever, relating to the Go- vernment of the said Province, heretofore lawfully and rightfully issued, which were in Force on the twenty-ninth day of August Instant, shall be, continue, and remain in full Force, Power, and
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PROVINCIAL COUNCIL.
Virtue, according to their respective Tenors, untill my further Pleasure shall be known therein ; And that all persons whatsoever, who, on the said twenty-ninth day of August, held or enjoyed any office of trust or Profit in this Government, by Virtue of any. such Commission as aforesaid, shall Continue to hold and enjoy the same, untill they shall be determined by me as aforesaid, or by other Sufficient Authority ; And I do hereby further Command and require all Magistrates, Officers, and Commissioners whatsoever, in whom any Public Trust is reposed in the Government of the said Pro- vince, that they Diligently Proceed in the performance and dis- charge of their respective duties therein for the Safety, Peace, and well being of the same.
" Given under my Hand, and the Great Seal of the said Province, at Philadelphia, the thirtieth day of August, in the thirteenth year of the reign of our Sovereign Lord George the third, by the Grace of God of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth, in the year of our Lord, one thousand seven hundred and seventy-three.
"JOHN PENN.
" By His Honour's Command. " JOSEPH SHIPPEN, Jun"., Secretary. "GOD SAVE THE KING."
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At New Castle, the 3d day of September, 1773.
MEMORANDUM.
The Governor arrived here this afternoon from Philadelphia, and being attended by three Members of Council, and several other Gentlemen, and proceeded by the Sheriff and his Officers, went to the Court House, where his Commission for the Government of Pennsylvania, and the Counties of New Castle, Kent, and Sussex, on Delaware, was published with due Solemnity, in the Presence of a number of the Inhabitants.
At a Council held at Philadelphia, on Saturday the 18th Sep- tem'r, 1773.
PRESENT :
The Honourable JOHN PENN, Esquire, Governor. Joseph Turner, James Tilghman,
Richard Peters, Edward Shippen, jun", Esquires.
Benjamin Chew,
A Transcript of a Record of the Conviction of Mulattoe Daniel, the Slave of Isaac Snowden, and of Negro Harry Bedlow, the
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slave of William Drewry, both of the County of Philadelphia, of Felony and Burglary, at a Court held at Philadelphia for the Tryal of Negroes on the 29th day of July last, was laid before the Board, and it appearing that the said Criminals had been recommended by several reputable Inhabitants to the late Governor as objects of Mercy, and the Execution of the sentence of the said Court had been suspended by him, and the Governor having acquainted the Board that the same recommendation had lately been renewed to him, His Honour, by the advice of the Board, after due considera- tion of the Matter, agreed to Grant a Pardon for the said Criminals on this special Condition, that they be Transported, and that they never Return into the Province ; The Secretary was directed to make out the Pardons accordingly.
Then was also laid before the Board a Transcript of a Record of a Court of Oyer and Terminer held at Chester, for the County of Chester, on the 23d day of August last, by which it appears that a certain John Jones of the same County, was convicted of Felony and Burglary, and had received Sentence of Death for the same, and on a due Consideration of the Matter, the Governor, by the advice of the Council, agreed to Grant a Pardon for the said John Jones, on Condition of his being Transported, and never returning into this Province, and the Secretary was ordered to make out a Pardon.
The Governor informed the Board that he had received Infor- mation that several Families had lately seated themselves on Lands on the North side of the West Branch of Susquehanna, beyond the Boundaries of the last purchase made of the Indians at the Treaty of Fort Stanwix, and it being Considered that the making settle- ments on the Indians' Lands would create Great uneasinesses among them, and if not immediately removed, and prevented for the fu- ture, might be attended with Fatal Consequences, it was the opin- ion of the Board that a Proclamation, commanding the Magistrates and other Peace Officers to enforce and carry the Laws for prevent- ing Persons settling on any of the unpurchased Lands in this Pro- vince into Execution, against all Persons who had already made any such settlements, or should hereafter Transgress the same Law ; The Secretary was accordingly directed to prepare a Draught of a Proclamation for that purpose.
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MEMORANDUM, the 20th day of September, 1773.
The Secretary having Prepared a Proclamation, agreeable to an order of Council of the 18th Instant, and the same being approved, was this day Issued by the Governor, and ordered to be published in all the public Papers, and also a number of Printed Copies to be made and dispersed thro' the back Counties; The Proclamation follows in these words, Vize :
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PROVINCIAL COUNCIL.
" By the Honourable John Penn, Esquire, Governor and Command- er-in-Chief of the Province of Pennsylvania, and Counties of New-Castle, Kent, and Sussex, on Delaware.
"A PROCLAMATION.
" WHEREAS, I have received Information that several Ill dis- posed Persons, in Disobedience to His Majesty's express orders, and in direct Violation of the Laws, have Lately presumed to seat them- selves upon Lands within the limits of this Province, not as yet purchased of the Indians: And whereas, the making such Settle- ments doth greatly tend to irritate the minds of the Indians, and may be productive of dangerous and Fatal Consequences to the Peace and Safety of His Majesty's good Subjects : And Whereas, by an Act of General Assembly of this Province, passed in the ninth year of his Majesty's Reign, for preventing Persons from Settling upon Lands not purchased of the Indians, it is enacted, " that if any Person or Persons, after the Publication of this Act, either singly or in Companies, shall presume to settle upon any Lands within the Boundaries of this Province, not purchased of the Indians, or shall make, or cause any Surveys to be made of any part thereof, or mark or cut down any Trees thereon, with design to settle or apropriate the same to his own, or the use of any other Person or Persons whatsoever, every such person or persons so of- fending, being legally Convicted thereof, in any Court of Quarter Sessions of the County where such offenders shall be apprehended, (in which said Court the said offences are hereby made Cognizable,) shall forfeit and pay for every such offence the sum of Five hundred Pounds, and suffer twelve Month's Imprisonment, without Bail or Main-Prize, and shall moreover find Surety for his Good Behavour during the space of twelve Months from and after the Expiration of the Term of such Imprisonment. I have therefore thought Proper, by and with the advice of the Council, to issue this my Proc- lamation, hereby strictly enjoyning and requiring all and every Person and Persons, already settled or Residing on any Lands be- yond the Boundary Line of the Last Indian Purchase, immediately to evacuate their illegal Settlements, and to depart and remove them- selves from the said Lands without Delay, on pain of being prose- cuted with the utmost rigour of the Law. And I do hereby pro- hibit and forbid all His Majesty's Subjects of this, or any other Province or Colony, on any pretence whatsoever, to intrude upon, Settle or Possess any of the aforesaid unpurchased Lands, as they will answer the Contrary at their Peril. And I do also hereby strictly command and require all Magistrates, Sheriffs, and other Peace officers within this Province, to enforce and Carry into strict execution the said Act of General Assembly, as well against the
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present offenders in the Premises, as all others who may hereafter Trangress the same.
" Given under my Hand, and the Great Seal of the said Province, at Philadelphia, the twentieth day of September, in the thirteenth year of the Reign of our Sovereign Lord George the third, by the by the Grace of God of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth, and in the year of our Lord one thousand seven hundred and seventy-three.
"JOHN PENN.
" By His Honour's Command. " JOSEPH SHIPPEN, Junior, Secretary. "GOD SAVE THE KING."
At a Council held at Philadelphia, in the Council Chamber, on Wednesday the 22d of September, 1773.
PRESENT :
The Honourable JOHN PENN, Esquire, Governor.
Kichard Peters,
Andrew Allen,
Benjamin Chew, Edward Shippen, S Esquires.
The Governor having yesterday received a Message from the As- sembly, acquainting him that the House had met pursuant to ad- journment, and proposed to present him an address, and requesting to know when he would be pleased to receive the same, and his Honor having appointed this day for that purpose, about one o'clock he sent a Verbal Message to the House, by the Secretary, acquaint- ing them that he attended his appointment in the Council Chamber, and was ready to receive the House with their address: the whole House immediately waited on the Governor, and the Speaker De- livered him the following address, Viz":
" To the Honorable JOHN PENN, Esquire, one of the Proprie- taries and Governor and Commander-in-Chief of the Province of Pennsylvania :
" The Address of the Representatives of the Freemen of the said Province, in General Assembly met :
"May it Please your Honour :
"Permit us very sincerely to congratulate you on your safe return to this Province and re-accession to the Government.
" The Harmony subsisting between the two Branches of the Le- gislature at the time your private affairs called for your presence in Europe, and the Happiness which that Harmony promised to the People, induce us to receive you again in the same Station and Char- acter, with very sensible pleasure.
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PROVINCIAL COUNCIL.
" But, independent of this Consideration, the Resolution of one of the Proprietaries to assume the immediate Superintendance of the Province, gives us additional satisfaction, as it is a measure which has been wished and even Solicited for by our Predecessors in As- sembly, and is Certainly founded in the soundest Policy, For we are Confident the true Interests of the Proprietaries, and the Peo- ple Committed to their Care and Protection, are so firmly united that they cannot be separated without doing Violence to the Wel- fare and happiness of both.
" Impressed with these Sentiments, and convinced of your Good disposition to unite with us in promoting the common Weal, no en- deavors shall be wanting on our Part to support the Honor and dignity of your Government, and to secure to the Proprietaries and people their Just rights and Liberties.
" Signed by Order of the House. " JOSEPH GALLOWAY, Speaker. " September 21st, 1773."
To which the Governor was pleased to return an answer in these words, Viz“ :
"Gentlemen :
" I accept with particular Pleasure your kind Congratulations, and the assurances you are pleased to give me, that you will sup- port ye Honor and dignity of my Government, for which I most heartily return you my warmest thanks.
" As it was ever my sincere Inclination to Cultivate Harmony between the two Branches of the Legislature, during my former administration, so you may be assured it shall be my future Care, while I have the Honor to Preside in the Government of this Pro- vince, to Cherish the same good Dispositions, as the surest means of Contributing to the Happiness and Prosperity of the People com- mitted to my care, with which I am thoroughly Sensible the Inter- est of my Family is inseparably Connected.
" The Representatives of the Freemen of this Province may, therefore, rely on the Sincerity of my Professions, when I assure them that while my duty calls upon me to support the just Prero- gatives of the Crown and Rights of the Proprietaries, I shall be happy in promoting the welfare of the People, and protecting them in the enjoyment of their invaluable Liberties and Privileges. "JOHN PENN.
" September 22d, 1773."
The Speaker then Presented to the Governor a Certificate for £600, for which he returned the House his Thanks, and they with- drew.
VOL. X .- 7.
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MINUTES OF THE
At a Council held at Philadelphia, on Saturday, Septem"., 25th, 1773.
PRESENT :
The Honourable JOHN PENN, Esquire, Governor.
Richard Peters, Andrew Allen,
Benjamin Chew,
Edward Shippen, jun™-, Esquires.
James Tilghman,
The Governor laid before the Board three Bills sent up by the House for his Concurrence, entituled as follows, viz“ :
"An Act for the Relief of Samuel Sweet, a languishing Prisoner in the Gaol of Philadelphia, and Thomas Bamford, a Languishing Prisoner in the Gaol of Lancaster County, with respect to the Im- prisonment of their Persons."
" An Act to prevent Counterfeiting the Paper Money of other Colonies."
" An Act for the Support of the Government and payment of the Public Debts," which being severally read and Considered, the Governor sent a Verbal Message to the House by the Secretary, desiring them to furnish him with a list of the Certificates and Draughts intended to be discharged by the last mentioned Bill, which was soon after Brought up to the Governor by two Members of Assembly.
There appearing to the Board no Objection to the three Bills above mentioned, the Secretary, by the Governor's directions, car- ried them back to the House, with a Message that his Honor gave his assent to them.
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Tuesday the 28th of September, 1773.
MEMORANDUM.
A Committee of two Members of Assembly waited on the Gover- nor with a Message, requesting to know when it would be agreeable to him to receive the House, in order to Pass into Laws the Bills which he had agreed to, to which the Governor answered that he would be in the Council Chamber at one O'Clock for that purpose.
Council Chamber, 1 o'clock.
The Governor being in the Council Chamber, sent a Message to the Assembly by the Secretary, to acquaint them that he required the attendance of the House there, in order to enact into Laws the Bills to which he had given his assent. The Whole House imme-
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PROVINCIAL COUNCIL.
diately attended, and the Speaker Presented to the Gevernor the three following Bills, which he enacted into Laws, and Signed a Warrant for affixing the Great Seal to them. The Laws were after- wards Sealed and deposited in the Rolls Office.
" An Act to prevent Counterfeiting the Paper Money of other Colonies."
" An Act for the relief of Samuel Sweet, a Languishing Prisoner in the Gaol of Philadelphia, and Thomas Bamford, a Languishing Prisoner in the Gaol of Lancaster County, with respect to the Im- prisonment of their Persons."
" An Act for the support of the Government of this Province, and payment of the Public Debts.
At a Council held at Philadelphia on Monday 4th October, 1773. PRESENT :
The Honourable JOHN PENN, Esquire, Governor.
Joseph Turner, Andrew Allen, 5
William Logan, Edward Shippen, junT., Esquires.
James Tilghman,
The Secretary having prepared a Draught of a Proclamation in Consequence of a Resolve of the House of Assembly of the 23d Ulto., for apprehending Joseph Richardson, and a Certain Samuel Ford, who stand Charged with Counterfeiting the Bills of Credit of this Province, laid the same before the Board, which being read and approved, was ordered to be published in the several News Pa- pers. The said Proclamation follows in these words, Viz":
" By the Honorable JOHN PENN, Esquire, Governor, and Com- mander-in-Chief of the Province of Pennsylvania, and Coun- . ties of New Castle, Kent, and Sussex, on Delaware.
" A PROCLAMATION.
" WHEREAS, it appears by sundry affidavits taken before one of the Judges of the Province of New Jersey, that Joseph Richardson, late of the County of Philadelphia, and a certain Samuel Ford, stand charged with Feloniously Forging and Counterfeiting the Bills of Credit of this Province, and passing the same, to the great injury of His Majesty's Liege Subjects : And Whereas, the en- deavours hitherto used for apprehending them have been ineffectual, and it is highly expedient, for the Discouragement of such perni- cious and atrocious Crimes, that the said Joseph Richardson and Samuel Ford should be brought to Condign and exemplary Pun- ishment. I have therefore thought fit, with the advice of the Coun- cil, to Issue this my Proclamation, hereby promising and engageing
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that the Public Reward of Three hundred Pounds shall be paid to any · Person or Persons who shall apprehend the said Joseph Richard- son, and safely deliver him to the Sheriff of the City and County of Philadelphia, in the Gaol of the said County ; and also that the like reward of Three hundred Pounds shall be paid to any person or Persons who shall apprehend the said Samuel Ford, and deliver him to the said Sheriff in the same Gaol. And I do hereby strictly Charge, enjoin, and require, all Judges, Justices, Sheriffs, Consta- bles, and all other His Majesty's faithful and liege Subjects within my Government, to make diligent Search and enquiry after the said Joseph Richardson and Samuel Ford, and to use their utmost endeavours to apprehend and secure them, so that they may be brought to Justice.
" Given under my Hand and the Great Seal of the said Province of Pennsylvania, at Philadelphia, the fourth day of October, in the year of our Lord one thousand Seven hundred and Seventy- three, and in the thirteenth year of His Majesty's Reign.
"JOHN PENN.
" By His Honour's Command. " JOSEPH SHIPPEN jun"., Secretary. "GOD SAVE THE KING."
The Governor laid before the Board the returns of Sheriffs and Coroners for the Counties of Philadelphia, Chester, Bucks, New Castle, Berks, and Northampton, which being duly Considered, the following persons were appointed and Commissionated as Sheriffs and Coroners of their Respective Counties, Vizt. :
Names of Counties. Officers. Names of Offices. Sheriffs' Sureties. City and County of ( Sheriff, William Dewees. ( William Coates. Philadelphia. Coroner, John Knight, : Joseph Potts. Joseph Mathers. John Jackson & Chester,y John Sellers. Bucks, Gilbert Hicks & Henry Crewson.
New Castle,
Berks,
Northampton,
Sheriff, Henry Hayes, Coroner, John Bryan, Sheriff, Samuel Biles, Coroner, George Fell, Sheriff, John Thompson, Coroner, Robert Bail, Sheriff, George Nagel, Coroner, Peter Brecht, Sheriff, Henry Fuller, Coroner, Samuel Rea,
2
S Jacob Kern, & Christ" Whitman Michael Heller. Peter Kachlein.
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PROVINCIAL COUNCIL.
At a Council held at Philadelphia, on Wednesday 6th October, 1773.
PRESENT :
The Honourable JOHN PENN, Esquire, Governor. James Tilghman, Edward Shippen, Jun"., Andrew Allen,
$ Esquires.
The Returns of Sheriffs and Coroners of Lancaster, York and Kent Counties, being made, the Governor appointed and Commis- sionated the following persons as Sheriffs and Coroners for their respective Counties, Vizt. :
Lancaster, Sheriff, ? John Ferree, 2 Isaac Ferree,
Coroner, S Samuel Boyd, S Peter Ferree.
Sheriff, Samuel Edie,
Rober M'Pherson,
York, Coroner, S. Joseph Adlem, 5 David M'Cannaughy.
Sheriff, ? John Cook,
Kent, Coroner, S Caleb Furbee.
1
At a Council held at Philadelphia on Saturday 9th October, 1773.
PRESENT :
The Honorable JOHN PENN, Esquire, Governor. Benjamin Chew, Edward Shippen, Jun"., Esquires.
James Tilghman.
The Returns of Sheriffs and Coroners for the Counties of Cum- berland, Bedford and Northumberland, being now made, the same were laid before the Board, and the following persons were, after due Consideration, appointed and Commissionated as Sheriffs and Coroners of their Respective Counties, Viz":
Cumberland, Sheriff, Coroner,
Ephraim Blaine, Samuel Laird,
Robert Callender, James Blaine,
Bedford,
Sheriff, James Piper, John Cesner,
Coroner,
Northumberland, Sheriff, William Cook, James Murray,
Coroner,
Sureties. Bernard Dougherty, John Piper, Sureties. 1 William Plunket, Samuel Hunter, Sureties.
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MINUTES OF THE
At a Council held at Philadelphia, on Monday 11th October, 1773.
PRESENT :
The Honorable JOHN PENN, Esquire, Governor.
Benjamin Chew, Andrew Allen,
James Tilghman, Edward Shippen, junT., Esquires.
Mr. John Shee, who was appointed by an Order of Council of the 9th of August last, Factor or Agent for the Master of the French Snow, D'auberton, which put into this Port in Distress, reported to the Board that the said Snow is now repaired and made fit to Prosecute her intended Voyage, and will be ready to sail in a few days; at the same time produced his account of repairs and Charges of refitting her, by which it appears that there is a Bal- lance of ££237 6 due to him from the Master of the said Snow, and therefore, prayed Liberty to sell as much of her Cargo as will be sufficient to reimburse him. The matter being taken into Con- sideration, the Governor, by the advice of the Council, doth hereby Grant Permission to the said John Shee, to sell and dispose of as much Indico belonging to the Cargo of the said Snow, as will be sufficient to discharge the Ballance of his said account.
The Governor having received by the last Packet a Letter from the right Honorable the Earl of Dartmouth, one of his Majesty's Prin- cipal Secretaries of State, dated the 4th day of August last, enclos- ing His Majesty's Orders in Council, respecting thirty acts of As- sembly passed in this Province, with an Instrument of Writing, un- der the Privy Seal, adjudging and declaring one of the said acts to be void, and a like instrument signifying his Majesty's disallowance of one other of the said Laws, laid the same before the Board, which was severally read and are as follow, Viz' :
" WHITEHALL, 4th August, 1773.
" Sir :
" Inclosed, I send you by the King's Command, an Order of his Majesty in Council of the 7th of April last, upon a Consideration of several Laws passed in Pennsylvania in March and September 1772; also, an order in Council of the 19th of May last, upon an Act passed in March, 1772. I likewise transmit to you, in order to their being published, two Instruments which have passed under the Privy Seal, signifying his Majesty's adjudication and declara- tion of two of the Acts therein mentioned to be void.
" I am, Sir, " Your most obedient humble Servant,
" DARTMOUTH.
" Deputy Gov'r of Pennsylvania."
[Here follows a blank of six pages in Council Book.]
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PROVINCIAL COUNCIL.
At the Court of St. James's, the 19th day of May, 1773.
PRESENT.
[L. S.] THE KING'S MOST EXCELLENT MAJESTY.
Lord President,
Earl of Bristol,
Duke of Queensberry,
Earl of Pomfret,
Duke of Ancaster,
Viscount Falmouth,
Lord Chamberlain,
Lord Edgecumbe,
Earl of Denbigh,
Lord Hyde,
Earl of Sandwich,
James Stuart Mackenzie, Esq" ..
Whereas, there was this day read at the Board, a Representation from the Right Honorable the Lords of the Committee of Council for Plantation affairs, upon an Act passed in the Province of Penn- sylvania in March 1772, for Naturalizing William Hembell, which representation is dated this day, and is in the words following, viz": " Your Majesty having been pleased by your order in Council of the 15th of January last, to referr to the Lords Commissioners for Trade and Plantations, several acts passed in the Province of Penn- silvania, and amongst others an act Passed there in March 1772, entituled
" An Act to enable William Hembell of the City of Philadel- phia, Taylor, to hold Lands, and to invest him with the Privileges of a natural born Subject of this Province.
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