USA > Pennsylvania > Colonial records of Pennsylvania, Vol. X > Part 15
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Aneas M'Kay,
Alexander M'Kee,
Joseph Spear,
Robert Hanna,
Alexander M'Clean,
William Lochery,
James Caret, Alexander Ross,
Esquires.
William Bracken,
James Pollock, 7
John Carnaughan,
Samuel Sloan,
Andrew M'Farlane,
Michael Rugh,
Oliver Miller,
Van Sweringen,
Devereux Smith,
Thomas Scott,
John Shepherd.
Dedimus Potestatem, directed to
William Crawford, Arthur St. Clair, & Esquires. 1)
Robert Hanna,
The Governor laid before the Board a Message from the Assem- bly, which was read and follows in these words, Viz' :
A Message to the Governor from the Assembly.
"May it please your Honor :
" We have taken into our serious Consideration your Message of the 14th Ultº., the Petition from the Inhabitants of Northumber- land County, with the Papers respecting the Claim of Connecticut Government to a Part of Pennsylvania, and as we esteem a due Obedience to the Laws, and the preservation of the Public Peace,
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to be of the first Moment to the Happiness and Welfare of the People, we heartily concur in Sentiments with your Honor, that the violent Outrages committed within the known Limits of this Pro- vince, by the Emigrants from the Colony of Connecticut, and the Protection they have given to the most atrocious Offenders, in open defiance of the Laws of the Country, call for the particular atten- tion of Government.
"Since we find, from repeated Experience, that the mild Laws of this Province have proved insufficient to restrain these lawless Disturbers of the Peace within any Bounds, we have thought it nc- cessary to prepare and pass a Bill with more severe Penalties, which we hope will, in future, deter them from the Execution of their un warrantable Designs, and restore the public Tranquility.
" The Hands of Government being thus strengthened, we have no doubt but your Honor will pursue the proper measures to effect so desirable a Purpose; and yet, that we may not seem deficient in our Duty on so extraordinary and alarming an Occasion, which por- tends the greatest Mischiefs to the Province, and that thoseill-disposed People may know that they are acting in Opposition to the weight of the whole Government, we cannot avoid shewing our abhorrence of their Conduct by most earnestly entreating your Honor to give special Directions to the Magistrates, Sheriffs, and other Officers concerned in the Administration of Justice, to be Vigilant and active in the discharge of their Duty within their respective Juris- dictions, and to exert themselves in suppressing all acts of Violence, and every illegal attempt to dispossess the peaceable Inhabitants of this Province, by putting the Laws in strict Execution.
" From the Papers communicated by the Secretary, we are sorry to find the Government of Connecticut has given Countenance to the lawless Possession of these Emigrants, by resolving to prosecute a Claim, not only to Lands they have lately seated themselves on, but to a great Part of the Province. We do not mean, nor is it our Duty, to decide on the Merits of the Dispute between them and the Proprietaries, and yet we cannot help thinking it very extraor- dinary, that after a total Silence with respect to any Claim, the most perfect acquiesence with the Settlements made under the Royal Grant of this Province for the space of near a Century, and their late refusal, when called on by His Majesty in Council, to prosecute such Claim, if any they had, we should now find them of a sudden adopting so contrary a measure. But what appears to us still more extraordinary, is their declining in their late Negotiations with your Honor, after they have assumed their Claim, to prose- cute it on the Merits before His Majesty in Council, the only proper Judicature where this unhappy Controversy can be decided, as this Conduct carries with it the appearance of a Design to delay a mat- ter of which the Peace and Tranquility of both Colonies require an immediate Determination, if not to continue their unjustifiable Proceedings in support of their Claim.
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. "To prevent the mischievous Effects of this unkind and un- neighbourly Disposition in the Government of Connecticut, we beg leave earnestly to request, that your Honor will pursue every effec- tual measure to call the Claimants before His Majesty in Council, and to bring their claim to an immediate Decision.
"Signed by Order of the House.
"JOSEPH GALLOWAY, Speaker.
January 18th, 1774."
The Governor also laid before the Board three Bills entituled as follow, Viz“ :
"An Act to prevent Tumults and riotous Assemblies, and for the more speedy and effectual punishing the Rioters."
" An Act to prevent Frauds in the packing and preserving of Shadd and Herring for Exportation."
" An Act for regulating Pedlars, Vendues, &ca."
Which were severally read, and the two first being considered, were ordered to be returned to the House, with a Verbal Message that the Governor agreed to pass the first, and with the following Amendments made to the second, viz :
Amendments to the Bill entituled " An Act to prevent Frauds in the packing, and preserving of Shadd and Herring for Exporta- tion."
Page 14, Lines 3 & 4. Dele the words [the Assembly appoints another] and instead thereof, insert the words [another shall be ap- pointed by Act of General Assembly].
Page 16, Lines 2 & 3. Fill up the Blank with the Name of [William Milnor ].
And the other Bill was referred for further Consideration.
The Consideration of the two following Bills was then resumed, vizt. : " An Act for regulating the Fishery in the River Conestogo, in the County of Lancaster."
" An Act to oblige the Trustees and Assignees of Insolvent Debtors to execute their Trusts."
Which being agreed to, were also ordered to be returned to the Assembly, with the Governor's Assent.
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At a Council held at Philadelphia, on Thursday 20th Jan- uary, 1774.
PRESENT :
The Honourable JOHN PENN, Esquire, Governor.
Richard Peters, Andrew Allen,
Benjamin Chew, Edward Shippen, Jun™-, & Esquires. James Tilghman,
The' Draught of a Letter of Instructions to Arthur St. Clair, Esquire, was laid before the Board, and some Alterations being
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made thereto, it was ordered to be transcribed and dispatched by the Express without Delay, with the new General Commission of. the Peace ; the said Letter follows in these Words, Vizt :
" PHILADELPHIA, 20th January, 1774.
" Sir :
" I am extreamly obliged to you for your great Attention to the Interest of this Government in transmitting, with so much dispatch. and Care, the Intelligence contained in your Letter of the 12th of this Month, to Mr. Secretary Shippen, and the Papers it inclosed.
" I cannot help being greatly surprised to find that Dr. Conolly hath published an Advertisement, asserting his Appointment by Lord Dunmore, Governor of Virginia, to act as Captain. Comman- dant of the Militia of Pittsburgh, and its dependencies ; and that, in consequence of such appointment, he had taken upon him to Assemble the People as a Militia, under the Government of Vir- ginia, and to appoint Magistrates of Pittsburg.
" As his Lordship must certainly know that the Jurisdiction of Pennsylvania hath been exercised at Fort Pitt, and in the Neigh- bourhood of it, for several years past, and hath not given me the least intimation of any Design to extend his Government there, I am much inclined to conclude that Mr. Conolly hath, on this Oc- cation, assumed Powers which Lord Dunmore never gave him. However, I shall, without loss of Time, dispatch a Messenger to Williamsburg, with a Letter to his Lordship, in order to obtain an explanation of this very strange Affair. In the mean Time I would, by all means, have you and the other Magistrates of your County assert the Right of Pennsylvania, and protect the People in every Part within its known Limits, as Fort Pitt most certainly is.
"The Meeting of a number of People under Arms, in Conse- quence of Mr. Conolly's Summons, will undoubtedly be an Act of a criminal Nature, for which they may be indicted and punished, and comes properly under the Idea of an unlawful Assembly, with an intention to disturb the public Peace ; you will, therefore, do right in apprehending him and some of his principal Partizans, after such meeting, and holding them to reasonable Security for their appearance at the next Sessions, to answer for their Con- duct.
"I expect the magistrates, on this Occasion, will do their Duty with Spirit, in which they shall be supported by the Government ; and if any of Conolly s pretended Magistrates shall presume to proceed judicially within the known Limits of the Province of Pennsylvania, I desire that proper Actions may be commenced by the Party aggrieved, not only against the Officer who executes the Process, but the Magistrate also under whose Authority he shall act ; And you may be assured that such actions shall be prose- cuted and supported at the Expence of this Goverment.
VOL. X .- 10.
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" In order to strengthen the Hands of the Magistracy on this Occasion, in the course of their Duty, I send you a Copy of the Riot Act made by the present Assembly, which has received my Assent, and will pass the Seals before this comes to your Hands, · and extends to all parts of the Province. But, as the execution of it may be attended with the most serious Consequences, the pro- ceedings under it should be conducted with the utmost Caution, and. great Care must be taken to extend it only in such Places as are certainly within the Limits of the Province, of which you can make the best Judgment of any body, by the share you had in running a Line to ascertain the Situation of Fort Pitt.
" I have made an Addition to the Bench of your County, and Bend the Commission for the new Magistrates by this opportunity.
"I would have you get Possession, if you can, of some of Con- nolly's original advertisments.
"I am, Sir, Your most Obedient, humble Servant, " JOHN PENN.
"To ARTHUR ST. CLAIR, Esquire, " at Ligonier, in Westmoreland County."
A member of Council laid before the Board a Draught of a Mes- sage proposed to be sent by the Governor to the Assembly, recom- mending it to them to make further provision for compleating the Fortification carrying on at Mud Island, the money appropriated by the Legislature for that Purpose appearing to be wholly expended ; which, being approved, was ordered to be transacted, and carried to the Assembly this afternoon. The said Message follows in these Words, Viz *:
A Message from the Governor to the Assembly.
" Gentlemen :
" I am to inform you that the Commissioners appointed by the Act of General Assembly, passed in the eleventh Year of his pre- sent Majesty's Reign, and empowered with the Consent and Appro- bation of the Governor to apply and dispose of the Sum of fifteen thousand Pounds theretofore granted, for and towards the building such Fortifications as might be necessary for the Security and De- fence of the City of Philadelphia, have lately laid before me their Ac- compts, by which it appears to me, that they have expended the whole Sum appropriated to that Use in the Purchase of a small Island, about eight miles down the River, most conveniently situated for the Purpose intended, and in constructing a great Partof such a Fortifica- tion, as by the Opinion and Advice of a Skilful Engineer, recom- mended by General Gage, was absolutely necessary to answer the End. proposed. You will, on enquiry, find that the Work, so far as it has been executed, is done in a Masterly Manner, and that Materials, to a considerable Value, are on the Spot, ready to continue it as soon as
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PROVINCIAL COUNCIL.
the Season will admit it. The Plan of the Fort and the Commis- sioners Accompts will be laid before You, by which you will per- ceive how much remains to be done, in what Manner the Money has been disposed of, and how much is yet in arrear to the Work- men, &cª. From hence you will be enabled to judge what further Sum will be wanting to compleat a Work which has for many years been considered by the Legislature of this Province as an Object of the greatest Importance for the Defence and Protection of this flour- ishing and populous City against His Majesty's Enemies in Time of War.
"I think it incumbent on me, Gentlemen, to recommend this Matter to your most serious Consideration, and to request that you will make the proper Provision for carrying on and compleating this important Work in the most speedy and effectual Manner, in which you may be assured of my hearty Concurrence.
" January 20th, 1774."
"JOHN PENN.
The Governor laid before the Board the following Answer, which he received last Night from the Assembly, to his Amendments to the Bill for preventing Frauds in the packing and preserving of Shadd and Herring, &ca :
Amendment Ist. The House adhere to the Bill.
Amendment 2d. Agreed to by the House.
And the Secretary was Ordered to carry the Bill back to the House, with a Message that the Governor could not recede from his proposed Amendment.
The Board then resumed the Consideration of the four following Bills, Vizt .:
" An Act to prevent infectious Diseases being brought into this Province."
" An Act for repealing a part of An Act entituled 'An Act for regulating Pedlars, Vendues, &cª."
" An Act for confirming the Estate of John Steel, of Carlisle, in the County of Cumberland, in and to a certain Plantation and Tract of Land, in the Township of Middleton, in the County aforesaid, several of the Tittle Deeds whereof are lost."
" A Supplement to the Act entituled 'An Act for raising of County Rates and Levies.'"'
And the Secretary was directed to return the said Bills to the Assembly, with a Verbal Message to the House that the Governor gave his Assent to the two first, but could not agree to pass either of the other two.
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Friday 21st January, 1774.
MEMORANDUM :
The Assembly having yesterday sent up to the Governor for his Concurrence, A Bill entituled " An Act to increase the Allowance to Members of Assembly, for their attendance on the public Ser- vice," and the same being agreed to, was this Day returned to the Assembly with the Governor's Assent. .
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Saturday 23d January, 1774.
A Committee of Assembly waited on the Governor and delivered him a Message in answer to His Honor's Message of the 20th In- stant, and a Copy of the Resolves referred to therein, and at the same Time, acquainted the Governor that the House inclined to ad- adjourn on the 12th of September next, and requested him to ap- point some Members of Council to assist in comparing the Bills that had been agreed to, with their engrossed Copies, to which the Governor replied, that he had no objection to their proposed Ad- journment; that he would appoint some Members of Council to collate the Bills and meet the House in the Council Chamber at one o'Clock, to enact them into Laws.
Eodem Die.
Council Chamber, 1 o'Clock, P. M.
The several engrossed Bills being compared with their Originals and found to agree, The Governor sent the Secretary to the House with a Message requiring their attendance, that he might pass the Bills which had received his Assent.
The whole House waiting on him accordingly, the Speaker pre- sented to him eight Bills, entituled as below, which his Honor was pleased to enact into Laws, and appointed the Secretary to accom- pany two Members of the House to see the Great Seal affixed to them, and to deposit them in the Rolls office.
The Speaker then in behalf of the House, presented to the Go- vernor a Certificate for £400 towards his support, for which his Honor returned them his thanks. The Laws are entituled as fol- lows, Viz":
" An Act for regulating the Buildings, keeping in repair the Streets, Lanes, Alleys and Highways, in the Borough of Lancaster, and for other Purposes therein mentioned."
" An Act to amend the Act entituled ' An Act for granting to His Majesty the sum of fifty-five thousand Pounds, and for striking
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the same in Bills of Credit, in the manner herein after directed, and for providing a Fund for sinking the said Bills of Credit by a Tax on all Estates real and personal, and Taxables within this Pro- vince."
" An Act to oblige the Trustees and Assignees of insolvent Debtors to execute their Trusts."
" An Act to prevent infectious Diseases being brought into this Province."
" An Act for regulating the Fishery in the River Conestogo, in the County of Lancaster."
" An Act to prevent Tumults and riotous Assemblies, and for the more speedy and effectual punishing the Rioters."
" An Act for repealing a part of an Act, entituled An Act for regulating Pedlars, Vendues, &ca."
" An Act to increase the allowance to members of Assembly, for their attendance on the Public Service.
MEMORANDUM, 31st January, 1774.
The Governor, taking into Consideration the Letters and other Papers received from Arthur St. Clair and AEneas M'Kay, Esquires, relating to the proceedings of Dr. Conolly, as they stand upon the Council minutes of the 19th of this month, this day thought pro- per, with the advice of the Council, to write the following Letter to Lord Dunmore, Governor of Virginia, upon that Subject, viz *:
" PHILADELPHIA, 31st January, 1774.
" My Lord,
" A few Days ago I received by Express, from the Western Frontiers of this Province, the inclosed Copy of an Advertisement, lately set up at Pittsburg and divers other Places in that Quarter of the Country, by one John Conolly, who has taken upon him as Captain Commandant of the Militia at Pittsburg, and its dependen- cies, by virtue of your Lordship's Commission, as he says, to com- mand the People to meet him there as a militia on the 25th In- stant, and to exercise Jurisdiction over them, as Settlers under your Government within the Dominion of Virginia.
" A Step so sudden and unexpected could not but be matter of great, Surprise to me, as well as very alarming to the Inhabitants of those Parts, who have taken up, improved, and hitherto peacea- bly enjoyed their Lands under Grants from the Proprietaries of this Province.
" Being, however, too well acquainted with your Lordship's Character, to admit the least Idea that you would countenance a measure injurious to the Rights of the Proprietaries of Pennsylva- nia, or which might have a tendency to raise Disturbances within their Province, I flatter myself that the laying before you a short
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state of the Limits of this Province, so far as regards the present Question, and acquainting you with the steps which have been taken to ascertain its Western Extent, and the Situation of Pitts- burg, will be abundantly sufficient to satisfy you that that Place is, beyond all doubt, within this Province.
"The Western Extent of the Province of Pennsylvania, by the Royal Grant, is five Degrees of Longitude from the River Delaware, which is its Eastern Boundary.
"In the year 1768, an East and West Line was run from Dela- ware, at the mouth of Christiana Creek, to the crossing of Dunkard Creek, a Branch of the Monongahela, by Messieurs. Dixon and Ma- son, two Surveyors of Distinction, who were sent over from Eng- land to run the Division Line between Maryland and Pennsylvania. These Artists fixed the Latitude and Extent of that Line with the utmost exactness and precision, to the satisfaction of the Commis- sioners on both Sides. From the 233d mile Stone on this Line, a North Line hath been since carefully run and measured to the Ohio, and from thence up to Fort Pitt ; the several Courses of the River have been taken with all possible Care. From the Line of Dixon and Mason to a known Point in the South Line of the City of Philadelphia, the true Course and Distance hath been discovd. by actual Survey, as also from the Point aforesaid, to that part of the River Delaware which is in the same Latitude as Fort Pitt; and from these several Data, the most exact Calculations have been made by Dr. Smith, Provost of our College, Mr. Rittenhouse, and our Surveyor General, in order to ascertain the difference of Longi- tude between Delaware and Pittsburg, who all agree that the latter is near six miles Eastward of the Western extent of the Pro- vince.
"The better to illustrate this Matter, and enable your Lordship to form a Judgment of the accuracy with which the work has been done, and the Calculations made, I have inclosed a Map or Draught of the several Lines above mentioned, with explanatory Notes, as delivered by them to me. Should your Lordship, however, con- trary to my Expectation, still entertain any doubt respecting this matter, I hope you will at least think it reasonable for avoiding those mischiefs which must naturally arise in Cases of clashing and disputed Jurisdiction, to defer the appointing of Officers, and exer- cising Government in that neighbourhood, and suffer the People to remain in the quiet and undisturbed Possession of the Lands they hold under this Province, till some temporary Line of Jurisdiction can be agreed on by Commissioners, to be appointed by both Gov- ernments, to confer on this Subject, or until the Affair can be settled by His Majesty in Council, before whom a Petition, exhi- bited by the Proprietaries of Pennsylvania, for the Settlement of their Western as well as other Boundaries is now depending.
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" I shall hope to receive your Lordship's Sentiments of this mat- ter by the first Opportunity, and am, with great Regard, " Your Lordship's most Obedient
" Humble Servant, "JOHN PENN.
" To The Right Honorable the Earl of Dunmore, Governor & Com- mander-in-Chief of His Majesty's Province of Virginia."
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February 24th, 1774.
MEMORANDUM.
The Governor having lately received a Letter from Jonathan Trumbull, Esquire, Governor of Connecticut, dated the 31st Janu ary last, this day sent him an answer thereto, which Letter and an swer are as follow, Viz“:
" LEBANON, 31st January, 1774.
" Sir :
" I am not favoured with any of yours, yet think it proper to ac- quaint you with some of the public acts of this Colony, passed since mine of the 22d of November last, Viz":
" At a General Assembly of the Governor and Company of the Colony of Connecticut, holden at Hartford, by Adjournment, om. the second Wednesday of January, 1774 :
" It is enacted that the Inhabitants dwelling within the Bounds of this Colony, on the West Side of the River Delaware, be, and they are hereby made and constituted a distinct Town, with like Powers and Priviledges as other Towns in this Colony by Law have, within the following Bounds and Limits, viz": Bounded East by Delaware River, North by the North Line of this Colony, West by a North and South Line across the Colony at fifteen miles distance from a Place on Susquehanna River called Wyoming, and South by the South Line of the Colony, which Town is hereby annexed to the County of Litchfield, and shall be called by the name of West- moreland : That Zebulon Butler and Nathan Denison, Esquires, Inhabitants of said Town, are appointed Justices of the Peace in and for the County of Litchfield; That the former is authorized and directed to issue a Warrant, as soon as may be, to notify the Inhabitants of the said Town of Westmoreland in said County, to meet at such Time and Place as he shall appoint, within said Town, to choose officers, and to do any other Business proper to be done at said Meeting ; and
" That the Governor of this Colony is authorized and desired to issue a Proclamation, forbidding any Person or Persons whatsoever taking up, entring on,; or settling any of the Lands contained or
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included in the Charter of this Colony, lying Westward of the Province of New York, without Liberty first had and obtained from the General Assembly of this Colony.
"These Acts are made and passed by our Assembly, for the Pro- tection and Government of the Inhabitants on the Lands mention- ed, to preserve Peace and good Order among them, to prevent Hos- tilities, Animosities and Contentions among the People there, to promote public Justice, to discourage Vice and Iniquity, and to put a Stop to Intruders entering on those Lands.
"I am, with great Truth and Regard, Sir,
" Your most Obedient, " Humble Servant, "JONTH. TRUMBULL.
"Honorable JOHN PENN, Esquire."
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" PHILADELPHIA, 24th February, 1774.
" Sir :
" I have received your Letter of the 31st January last, inform- ing me of the proceedings of your Government with respect to the Colony's Claim of Lands within the Province of Pennsylvania, and par- ticularly of your having erected a Town within certain Boundaries, and annexed it to your County of Litchfield. In my turn, I must acquaint you that the jurisdiction of this Province hath been ex- tended over this Town by Acts of our Assembly, and a very great Part ,of it hath been granted to the Inhabitants of this Province, and paid for long before your Colony ever determined to set up their Claim. Some of the People who purchased have settled their Lands, and the others have a right to settle them ; so that, however your Proceedings may be intended to preserve Peace and good Order, and to prevent Hostilities, Animosities and Contentions, I fear they will have a contrary Effect. In my Opinion, a much more probable Method of promoting those valuable Ends, would have been a for- bearance to exercise Acts of Government in that part of the Pro- vince of Pennsylvania, until your new Claim had been heard and adjuged to have any real Foundation, by His Majesty in Council, before whom you say you are preparing to lay your Case.
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