USA > Pennsylvania > Colonial records of Pennsylvania, Vol. X > Part 11
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" The said Lords Commissioners for Trade and Plantations, pur- suant to your Majesty's aforementioned order of Referrence, have reported to this Committee, that this act contains the like Clauses and Provisions with an Act passed for similar purposes, stated in a Report of the said Lords Commissioners of the 13th of April 1772, to which they Referr, and submit what advice may be proper to be given to your Majesty thereupon; And the Lords of the Commit- tee having thought Proper to refer this Matter to your Majesty's attorney and Solicitor General, to Consider thereof, and report to this Committee their opinion, whether the exercise of such Powers by the Legislature of the Province of Pennsylvania be not repug- nant to the act of Parliament, passed in the 13th year of King George the second, entituled ' An Act for naturalizing such Foreign Protestants, and others therein mentioned, as are settled or shall settle in any of his Majesty's Colonies in America,' and to the several acts of Parliament passed in this Kingdom for regulating the Plantation Trade, your Majesty's said Attorney and So- licitor General have accordingly reported to this Committee, "'That there is nothing in the act which is repugnant to the act of the Thirteenth of King George the Second, but they are of Opinion, that the Privileges which this Act offers to confer, are considerably more extensive than any Provincial Assembly hath Authority to give. That it hath been doubted whether the Parliament of Ireland, which is a Kingdom, & of Great antiquity, could Naturalize to any
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effect, and proved irrefragably ; that it could not give, as this act imports, all the Privileges of a natural Born Subject in any other place than that Island. The doubt was conceived upon this, that the King cannot Naturallize, and their Power is derived from his Majesty's Charter, and it had never been used before the tenth of King Charles the first; which Objections apply much more dis- tinctly in point of Fact and History to the American Colonies. But supposing they are thought competent to naturalize to Effects merely local, and which don't interfere with the Laws of Great Britain, The act now under Consideration is exceptionable, be- cause it purports to give all the qualities of a natural born Subject of Great Britain, and particularly the Liberty of Trading contrary to the Plantation Act." The Lords of the Committee, upon Con- sideration of what is above stated in the report of your Majesty's Attorney and Solicitor General, do agree humbly to represent to your Majesty as their opinion, that it may be adviseable for your Majesty to adjudge and declare, under your Privy Seal, the afore- mentioned Act for naturalizing William Hembell to be void.
" His Majesty taking the said representation into Consideration, is pleased with the advice of liis privy Council to approve thereof, and having adjudged and declared void the aforementioned act passed in Pennsylvania in March, 1772, entituled " An Act to enable William Hembell of the City of Philadelphia, Taylor, to hold Lands and to invest him with the Privileges of a natural born Sub- ject of this Province."
" His Majesty hath thought proper to direct the Lord Privy Seal to prepare and pass, under the Privy Seal, a proper instrument signifying such his Majesty's Adjudication and Declaration of the said act to be void, and the Proprietaries of the province of Penn- sylvania, their Lieutenant or deputy Governor, and the Assembly of the said Province, and likewise all others whom it may Concern, are to take notice and Govern themselves accordingly.
"STEPH. COTTRELL."
The Board having Considered of the manner of Publishing his Majesty's Repeal of the two Laws mentioned in the above Instru- ments, agreed that the same should be done by a Proclamation, which was prepared by the Secretary, and being approved, was or- dered to be published in the several News-Papers.
The Proclamation follows in these words, viz' :
"By the Honourable JOHN PENN, Esquire, Governor and Commander-in- Chief of the Province of Pennsylvania, and Coun- ties of Newcastle, Kent, and Sussex, on Delaware :
"A PROCLAMATION.
" WHEREAS, His Majesty, by an Instrument of Writing under the Privy Seal, bearing date the twenty-seventh day of April .Last,
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PROVINCIAL COUNCIL.
Lately Transmitted to me by one of his Majesty's principal Secre- taries of State, has been pleased to adjudge and declare void an act of Assembly of this Province, passed in March, 1772, intituled , "An Act to dissolve the Marriage of George Keemple of the City of Philadelphia, Barber, with Elizabeth his wife, late Elizabeth Miller, and to enable him to marry again." And Whereas, his Majesty, by a like Instrument, under the Privy Seal, bearing date the eighth day of June last, did also adjudge and declare void one other act of Assembly of this Province, passed in March, 1772, in- tituled " An Act to enable William Hembell of the City of Phila- delphia, Taylor, to hold lands, and to invest him with the Privileges of a natural Subject of this Province." I have therefore thought fit to signify and make known the same to all persons within this Gov- ernment, in order that they may take notice thereof, and Govern themselves accordingly.
"' Given under my Hand and the great Seal of the said Province, at Philadelphia, the eleventh day of October, in the Year of our Lord one thousand seven hundred and seventy-three, and in the Thirteenth year of the Reign of our Sovereign Lord George the Third, by the Grace of God of Great Britain, France, and Ire- land, King, defender of the Faith, and so forth.
"JOHN PENN.
" By his Honour's Command. "JOSEPH SHIPPEN, Jun"., Secretary. "GOD SAVE THE KING."
Council Chamber, the 15th day of October, 1773.
A Committee of the Assembly waited on the Governor yester- day, and acquainted him that, pursuant to the Charter of Laws of this Province, a Quorum of the Representatives had met and cho- sen their Speaker, and requested to know at what time his Honour would be pleased to receive the House, that he may be presented for his Honour's approbation. The Governor having appointed this day at 12 o'Clock for that Purpose, acquainted the House by the Sec- retary, that he attended his appointment in the Council Chamber, and was ready to receive the House with their Speaker.
The whole House then waited on the Governor, and presented Joseph Galloway, Esquire, as their Speaker, who, after receiving the Governor's approbation, claimed the usual Privileges in the name and behalf of the House, to which the Governor replied that they were undoubtedly essential in a Representative Body, and that he would at all Times protect the House in the full enjoyment of them.
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Eodem Die, P. M.
The Governor sent down to the Assembly by the Secretary for their Perusal, His Majesty's Orders in Council, of the seventh day of April and 19th day of May last, respecting 30 Laws passed in this Province, with two Instruments under the Privy Seal, decla- ring two of the said Laws to be null and void, which papers are entered on the Council Minutes of the 11th of this Month.
Saturday, October 16th, 1773.
Two Members of Assembly waited on the Governor, and ac- quainted him that the House inclined to adjourn to Monday the 29th of November next, if his Honour had no objection thereto. The Governor replied that he had no Objection to their Proposed adjournment.
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MEMORANDUM, the 19th of October, 1773.
The returns of Sheriffs and Coroners for the Counties of West- moreland and Sussex being now made, the Governor was pleased to Commissionate the the Persons following as Sheriffs and Coroners of their respective Counties, Vizt:
Names of Counties.
Officers.
Names of Officers.
Sheriff's Sureties.
Westmoreland.
Sheriff.
Coroner.
Sheriff.
Sussex.
Coroner.
John Procter. James Kinkead. Thos. Robinson. John Draper,
William Lochry. Robert Hanna.
New Castle, the 21st of October, 1773, P. M.
A Committee of Assembly waited on the Governor, and Ac- quainted him that the House had met yesterday, pursuant to the Charter of this Government, and having Chosen their Speaker, re- quested to know when and where the House should wait on His Honor, in order to present him, and the Governor having answered that he should be ready to receive the House for that Purpose immediately at his Lodgings, The House accordingly waited on him, and presented Cæser Rodney, Esqr., as their Speaker, who being approved by the Governor, claimed the usual Privileges,
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PROVINCIAL COUNCIL.
which the Governor acknowledged were essential in a representa- tive Body, and assured them of his protection therein, and then the House withdrew.
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Eodem die.
A Committee of Assembly delivered a Verbal Message from the House to the Governor, acquainting him that they proposed to pre- sent an address to his Honor, and Requested to known at what time it would be agreeable to him to receive the same. The Gov- ernor appointed to-morrow Morning at the Hour of eleven for that purpose.
Friday, October 22d, 1773, A. M.
The Assembly waited on the Governor, and the Speaker presented him an address in the following words, Viz“ :
" To the Honorable JOHN PENN, Esquire, Governor rand Commander-in-Chief of the Counties of New Castle, Kent, and Sussex, upon Delaware, and Province of Pennsylvania.
" May it please your Honor :
" We, the Representatives of the Freemen of the Counties of New Castle, Kent, and Sussex, upon Delaware, beg leave to wait upon your Honor with our sincere Congratulations upon your Re- accession to the Government and Chief Command of this Colony.
"The felicity the good People of this Government enjoyed under your former Administration, and that of our late Worthy Governor, gives us a well grounded prospect of future happiness, whilst one of your Honorable Family Presides over us; and we Confess we feel a particular satisfaction in being governed Personally by one of our Proprietors, whose true interests and that of our Constituents are so intimately Connected.
"Your tender regard for our Laws, and Civil and Religious liberties, during your Continuance in the Chief Command of these Counties for many years heretofore, very deservedly engaged the esteem and affection of the People; and we now assure your Honor that we still retain the same Sentiments, and have an earnest de- sire to Continue that perfect Harmony and good understanding which has hitherto subsisted between you and the Assemblies
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here, wishing for nothing more than to be able to give your Honor the .most convincing Proofs of it.
" Signed by order of the House. "CŒSER RODNEY, Speaker. " October 21st, 1773."
To which the Governor was pleased to return an answer in these words, Viz* :
" Gentlemen :
" I am very sincerely thankful for the kind and respectful Expres- sions of your address, which give me the highest Satisfaction, as the afford me an agreeable testimony not only of your approbation of my former administration, but of your Confidence in my future Conduct.
" I have a pleasing remembrance of the Harmony which sub- sisted between me and former Assemblies of these Counties, and shall always Chearfully concur with you in promoting the Contin- uance of so great a Public Advantage.
" As you cannot be more sensible than I am of the Intimate connection between the true Interests of the Proprietaries and your Constituents, I flatter myself you will always find me equally Solicitous to preserve it; and being sincerely disposed to promote the Happiness and Prosperity of the People you represent, I hope your expectations from the Personal Government of one of your Proprietaries will not be disappointed.
" October 22d, 1773."
" JOHN PENN.
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MEMORANDUM, the 30th of October, 1773.
The Office of Chief Justice of the Supream Court of the Gov- ernment of the Lower Counties being Vacant by the Death of John Nining, Esquire, The Governor was this day pleased to Issue three district Commissions, appointing Richard Mc William, Esquire, Chief Justice, Cæsor Rodney, Esq", second Justice, and Samuel Chew, Esqr., third Justice of the said Court.
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November 3d, 1773.
The Governor was this day pleased to issue a General Commission, appointing Richard Mc William, Cæsar Rodney, Samuel Chew, and David Hall, Esquires, Justices of the Court of Oyer and Termi- ner and General Goal Delivery for the Counties of New Castle, Kent, and Sussex, on Delaware.
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PROVINCIAL COUNCIL.
November 4th, 1773.
Upon Dr. Finney's resignation of the Office of Naval officer for the Port and district of New Castle, The Governor was this day pleased to appoint his Son, David Finney, Esquire, to succeed him in that Office.
New Castle, the 6th November, 1773.
PRESENT :
The Honorable JOHN PENN, Esquire, Governor.
Esquires, Members of the Council. S 1
The Assembly having since the Governor's attendance at this place, sent up to him six Bills which they had prepared during their Present sitting, they were severally read and duly considered ; and a few amendments being made to two of them, to which the Assem- bly having for the most part acceded, they were all at different times returned to the House by the Secretary, with Messages that the Governor agreed to pass them into Laws whenever they should be presented to him for that purpose. The said Bills are entituled as follows, Viz' :
" An Act for erecting a Bridge and Causeway over Lewes Creek, from the Town of Lewes to the Cape side of the said Creek, in the County of Sussex."
"An Act for the encouragement of the Owners of Mills within this Government, and for the Repealing of an Act of Assembly en- tituled ' An Act to encourage the building of good Mills in this Government, and the Supplement thereto,' passed in the 34th Year of his late Majesty's Reign."
" An Act to prevent the Counterfeiting the Paper Money of other Colonies."
" An Act for making perpetual a former act entituled 'An Act for amending the Laws relating to Testamentary affairs, and for the better Intestates' Estates,' except such parts thereof as are hereby altered and amended."
" An Act to enable the owners and Possessors of several Tracts of Meadow Marsh and Cripple, on Augustine Creek and Silver run, in New Castle County, to make the Banks, Dams, and Sluices in Re- pair, and to raise a Fund to defray the Yearly expences accruing thereon ;" and
" An Amendment to an Act entituled ' A Supplement to an act entituled ' An Act to enable the owners and Possessors of the Marsh Meadows on the North side of Christiana River, called Brandywine Marsh, and a Tract of Meadow Marsh and Cripple, on the south
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side of the said River, called Holland's Creek Marsh, and also of a Tract of Marsh Meadow, near New Port, called Conrad's Cripple, to keep the Banks, Dams, and Sluices in Repair, and to raise a Fund to defray the Expences thereof,' so far as the same relates to the said Holland's Creek Marsh.'"
A Committee of Assembly waited on the Governor with a Mes- sage, desiring to know when and where he would be pleased to re- ceive the House, in order to pass the several Bills to which he had given his assent; To which his Honor replied that he should be ready to receive the House for that Purpose at his Lodgings in half an hour. The Speaker and the whole House attended accordingly, and presented the six Bills above mentioned, which the Governor enacted into Laws, signed a Warrant for affixing the Great Seal to them, and directed the Secretary to accompany two members of As- sembly to see them sealed and Deposited in the Rolls office.
Before the House withdrew, the Speaker presented to the Gov- ernor orders on the Trustees of the Loan office for £250, for which his Honor return'd the House his Thanks.
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At a Council held at Philadelphia, on Monday the 6th December, 1773.
PRESENT :
The Honourable JOHN PENN, Esquire, Governor.
William Logan, James Tilghman, r Esquires.
Richard Peters, Andrew Allen,
Benjamin Chew, Edward Shippen, jun".,
The Governor laid before the Board a Transcript of a Record of the last Court of Oyer and Terminer held at Lancaster, for the County of Lancaster, by which it appears that Samuel Brandt, of the said County of Lancaster, was Convicted of Felony and Mur- der, committed on the Body of a certain Valentine Brandt, and had received Sentence of Death for the same, and the Judges of the said Court having reported no circumstances in favor of the Criminal, it was the opinion of the Board that the Sentence of the Court should be executed against him on Saturday the 18th of De- cember Instant, and the Governor directed a Warrant to be Issued for that Purpose accordingly.
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PROVINCIAL COUNCIL.
At a Council at Philadelphia, on Thursday 9th December, 1773.
PRESENT :
The Honourable JOHN PENN, Esquire, Governor.
Richard Peters, Andrew Allen,
Thomas Cadwallader,
Edward Shippen, jun"., Esquires.
James Tilghman,
The Board taking into due consideration an Application made to the Governor by Mr. Judah Foulke, the Present Clerk of the Mar- ket of the City of Philadelphia, to be appointed the Officer for keeping the Standard Weights and Measures for the County of of Philadelphia, advised the Governor to appoint Mr. Foulke to the said Office, and the Governor directed the Secretary to make out a Commission accordingly.
The Governor laid before the Board a Petition from the Magis- trates, Grand Jury, and other principal Inhabitants of Northumber- land County, which was read, and follows in these words, Vizt.
" To the Honourable JOHN PENN, Esquire, one of the Proprieta- ries, and Governor and Commander-in-Chief of the Province of Pennsylvania, &c.
" The Petition of divers of the Inhabitants of Northumberland County, in the said Province, humbly Sheweth :
"That your Petitioners being seated, in Consequence of regular Purchases from the Proprietaries of Pennsylvania, in the said County of Northumberland, within the known Limits, and under the Protection of the Laws of the Province of Pennsylvania, have nevertheless been under the necessity of Combating and struggling with many Difficulties and Embarrassments of so alarming a nature as scarce to be parallelled in the History of any Civilized Country ; that the Colony of Connecticut sets up a Claim to the lands seated, improved, and rendered Valuable by your Petitioner's Labour ; happy might your Petitioners be, would those Claimants bring their Pretensions to some Tribunal whose decision would equally bind both Parties, but with them Violence usurps the Place of Argu- ment, and force of Legal Decision; that about two years agoe a number of your Petitioners were in a Hostile manner ousted of their Possessions at Wyoming, and Cruelly Stripped and Plundered of their Effects; that, not content with the acquisition of Wyom- ing and the Parts adjacent, sundry attempts have been made to ex- tend their Conquests. A large Body of Armed Men from Connec- ticut in June last attempted to dispossess the Inhabitants of the West Branch of Susquehanna, and, though prevented, it was not without much Fatigue, Expence, and Great Danger of Bloodshed ;
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these People, lawless among themselves, afford an Assylum and se- cure Retreat to disorderly Persons, not only of this Government, but of all the neighbouring Provinces, by which accessions, and the Constant Countenance of the Colony of Connecticut, their numbers have of late greatly increased ; that the avowal of their Intentions is uniformly the same, especially since the account from Connecti- cut that "the Government has openly espoused their Cause, and taken them under their Protection." Deplorable indeed must be the situation of your Petitioners, if called on to defend by Force of Arms their Infant Settlements against the Power of a whole Colony; that the Consequence must be ruin to their fortunes and Families in their present distracted Situation ; as common Subjects of the Province, and entituled to the Protection of the Laws, your Peti- tioners cannot help looking up to your Honor for the aid of Gov- ernm't; they have hitherto maintained an unequal Contest, posses- sed of Property themselves, they have been obliged with arms in their hands to defend it against those who had no property, subject themselves to Law; they have had to Contend with those who re- fused Subjection to any Law, and have not been able to reduce them to order, which is confessing a Weakness they can no longer con- ceal ; that the whole Posse of the County is not sufficient to enforce the Laws at Wyoming, and as the Inhabitants have not hitherto been able to prevent the Continuance of the Connecticut Intruders in that Part of the Province contrary to Law, and the Repeated Proclamations of Government, they fear their utmost Efforts will not be sufficient to keep their Possessions without the Interposition and Protection of the Legislature, which therefore, they Implore, and from the known Clemency and Justice of the administration, consider themselves as having reason to expect."
The said Petition being taken into Consideration, it was the opinion of the Board that the same should be laid before the As- sembly, accompanyed by a Message from the Governor to enforce it; Mr. Chew, Mr. Tilghman, Mr. Allen, and Mr. Shippen, are ap- pointed to prepare a Draught of a Proper Message for that Purpose.
The Secretary laid before the Board a new Return and Draught of the Public Road or King's Highway, from the Middle Ferry on Schuylkill to the Village of Strasburg, in Lancaster County, as the same was resurveyed and laid out, with the Errors and Mistakes made in the former Survey Corrected pursuant to an Order of Coun- cil of the fourth day of February last. The said return and draught being taken into Consideration by the Board, it is ordered and ad- judged, that the Road as therein mentioned to be resurveyed and laid out, be forever hereafter a Public Road or King's Highway. And it is further Ordered that the Supervisors of the High Ways for the Several Townships in the Counties of Philadelphia, Chester and Lancaster, through which the said Road leads, do, with all con- venient speed, cause the same to be Cleared and opened of the Breadth of sixty feet through their Respective Townships, accord-
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PROVINCIAL COUNCIL.
ing to the Courses and distances set forth in the said Return of Survey, which follows in these words, Vizt .:
" To the Honourable RICHARD PENN, Esquire, Lieutenant Governor and Commander-in-Chief of the Province of Penn- sylvania, and Counties of New Castle, Kent, and Sussex, on Delaware, and to his Council.
" We, the Subscribers, do Certifie that in pursuance of an Order of the said Governor and Council, bearing date the fourth day of February, in 'the year of our Lord, one thousand Seven hundred. and seventy-three, directing 'Joseph Fox, Jacob Lewis, Daniel Williams, John Morton, John Sellers, and James Webb, or any four of them, to re-examine and Compare the Courses and Dis- tances of the late laid out Provincial Road from the Middle Ferry, on Schuylkill, to the Village of Strasburg, and to correct any Error or Errors that were made in the Former return of the said Road, &cª .; ' We, the said Subscribers, have re-surveyed and Measured the most part of the said Road, and having corrected the few mis- takes made in the former Survey, do dow, in Obedience to the said. Order, make return of a new Survey and measurement thereof in manner following, to wit : Begining at the middle of the West end. of the said Middle Ferry Wharf; thence extending North seventy degrees, West four hundred and eighty-nine perches to a marked Black Oak, standing eleven perches and two Links from Thomas Harris's House, in Range with the East side thereof; thence West thirteen perches to a stone, thence South seventy-one degrees, west twenty-four perches to the Mill creek; thence the last Course con- tinued ten perches to a marked Hickory; thence North Eighty- three degrees, West five hundred and sixty-seven perches to a marked white Oak, within four perches of Cob's Creek, and half a perch below the present Bridge; thence North Fifty-seven degrees, West, crossing said Creek, thirty-six perches to a heap of Stones, (three perches southwest of a Ditch or Water Course); thence South eighty-two degrees and a half, west one hundred and fifty- eight perches to a marked White Oak, standing fourteen perches and two links South, seventeen degrees west of the Southernmost point of John Sellers's Old Meadow and Mill Race ; thence as near as may be, North seventy-three degrees and a half West so as to strike a marked White Oak in the Northwest corner of John Lewis's Field by the Bars, one and a quarter perch from said Lewis's Meadow Water Course, and on the South side of the Road leading from said Lewis's House to Haverford Road, and to con- tinue said Course with little variation in the whole eleven hundred and eighty-eight perches to a stake and heap of Stones in William Laurence's Field near the Head of a spring, in which stands a Hol- low Maple; South Forty-nine degrees West distant four perches VOL. X .- 8.
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