USA > Pennsylvania > Colonial records of Pennsylvania, Vol. X > Part 17
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the Step, yet you must excuse my not complying with your Lord- ship's requisition of Stripping him on this Occasion of his offices and Livelihood, which you will allow me to think not only unrea- sonable but somewhat dictatorial.
" I should be extremely concerned that any misunderstanding should take place between this Government and that of Virginia ; I shall carefully avoid every occasion of it, and shall always be ready to join You in the proper Measures to prevent so disagreea- ble an incident, yet I cannot prevail on myself to accede, in the Manner you require, to a Claim which I esteem, and which I think must appear to every body else, to be altogether Groundless.
" I am Your Lordship's "Obedient humble Servant, " JOHN PENN.
"To the Right Honourable the Earl of Dunmore, Governor and Commander-in-Chief of His Majesty's province of Virginia, Williamsburg." "
At a Council held at Philadelphia, on Saturday 9th April, 1774. PRESENT :
The Honorable JOHN PENN, Esquire, Governor,
Benjamin Chew, James Tilghman, Edward Shippen, Jun".
Esquires.
The Board taking into Consideration the Commissions of the Peace for the Counties of Bucks, York, and Bedford, and sundry Alterations appearing necessary to be made in them, the Governor, aster due Consideration of the Matter, was pleased, with the advice of the Council, to issue new Commissions, appointing the following Gentlemen Justices of the Court of General Quarter Sessions of the Peace and of the County Court of Common Pleas within the said. Counties respectively, Viz* :
For the County of Bucks.
Gilbert Hicks,
Benjamin Matthews, Jonathan Inghan,
Richard Walker,
Hugh Hartshorne,
John Jameson,
John Kidd,
John Abraham Denormandie, Jacob Bogart,
William Coxe,
Thomas Riche,
Joseph Kirkbride,
Isaac Hicks,
John Wilkinson,
John Swift,
Henry Wynkoop,
Thomas Foulke,
Robert Patterson,
Francis Murray, Esquires.
Dedimus Potestatem, directed to GILBERT HICKS, JOHN ABRAHAM DENORMANDIE, ISAAC HICKS, Esquires.
.
Joseph Hart,
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PROVINCIAL COUNCIL.
For the County of York.
Robert McPherson,
John Smith,
David Jameson,
Cunningham Sample,
Martin Eychelberger,
Richard McAllister,
Archibald McGrew,
David McConnaughy,
John Pope,
William Rankin,
Samuel Johnston,
Joseph Updegraff,
Samuel Edie,
William Scott,
William Delap,
Joseph Donaldson,
Matthew Dill,
William Leas,
Henry Slegle,
William Bailey, Esquires.
William Smith,
Dedimus Potestatem, directed to
ROBERT McPHERSON, SAMUEL JOHNSTON, Esquires.
For the County of Bedford.
Bernard Dougherty,
John Piper,
Arthur St. Clair,
Elias Stillwell,
William Proctor, Jun",
Abraham Miley.
Robert Cluggage,
Richard Hogland,
George Woods,
Samuel Davidson,
Abraham Keble,
Henry Lloyd,
Thomas Smith,
William Latta, Esquires.
Thomas Coulter,
Dedimus Potestatem, directed to
BERNARD DOUGHERTY, THOMAS SMITH, Esquires.
MEMORANDUM, 11th April, 1774.
A few Days ago The Governor received the following Letter from Jonathan Trumbull, Esquire, Governor of Connecticut, Vizt. :
" LEBANON, 24th March, 1774.
" Sir :
"I received your Letter of the 24th February last. It is with Pleasure I observe 'That you will do every thing in your Power to avoid Contentions and Disorders among His Majesty's Subjects.' "A great Number of People possessed of, and Settled on a Part of the Lands of the Colony of Connecticut, at or near a Place called Wyoming, lying West of the River Delaware, within the Bounda- ries and Descriptions of our Royal Charter, made their Application to our Assembly for Protection and Government. In Conseque- quence thereof, the Town of Westmoreland was made, constituted,
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and annexed to our County of Litchfield, thereby forbearing the exercise of our Jurisdiction over a great Number of others, who have more recently entered under Grants from the Proprietaries of Pennsylvania, and Claim other Parts of the Lands belonging to Connecticut. a
" It is not to be doubted that your Power and Influence may pre- vent the Attempts of others to settle under your Claim, and the disagreeable Consequences which may follow the want on your Part of a similar forbearance towards the People of Westmoreland, until a legal and constitutional Decision of the Point in Question may be obtained, which both you and Mr. Wilmot, sollicitor of the Proprie- taries, have acquainted us they will never decline.
" It is the Duty of our Governor and Company, in faithfulness to the Trust reposed in them, to assert and support the Rights of this Government and its Inhabitants. They do not look upon them- selves chargeable with any Fault for their exercise of Jurisdiction over the People who Inhabit Land they have good Reason to think themselves entituled to by legal Purchase from the aboriginal true Proprietors thereof, and hold the primary possession of, under the right of Pre-emption, for the Benefit and within the Limits of this Colony.
"I am to acquaint you that several Gentlemen from hence, by Virtue of an Act of our Assembly, are employed and instructed to ascertain the Latitudes of certain Places, at and beyond Delaware River. They design to set out the 18th of next Month for that Purpose.
. "I am, with Truth and Regard, Sir, " Your Obedient humble Servant, "JONTH TRUMBULL. " Honorable JOHN PENN, Esquire."
The said Letter being taken into Consideration, The Governor, with the advice of the Council, wrote a Letter in answer thereto, in the words following, Vizt :
" PHILADELPHIA, 11th April, 1774.
“ Sir :
" I have your Letter of 24th March last, by the Post. My sen- timents of exercising the Jurisdiction of this Government in every part thereof, and the impropriety of extending your Jurisdiction within our Bounds, before you have laid your Claim before His Majesty, are so plainly expressed in the several Letters I have wrote you, and in those which passed between your Commissioners and me, that they need not be repeated; and I cannot but think it strange that you should persist in attempting to support a Possession gained from the People of this Province in a course of absolute Hostility, before your Government had made any Claim to Lands within the Bounds of this Province.
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PROVINCIAL COUNCIL.
It appears to me that your taking the Latitudes at or beyond Delaware, within the Bounds of this Province, is premature, and that no Act of your Assembly can authorize any such proceeding. I therefore, cannot concur in that Step, but, on the contrary, must protest against it, and desire it may not be done, lest it should produce Effects which may be injurious to the Public Peace.
"I am, with due Regard, "Your most Obedient humble Servant, "JOHN PENN.
" To the Honorable JONATHAN TRUMBULL, Esqr., Governor and Commander-in-Chief of the Colony of Connecticut, Lebanon."
At a Council held at Philadelphia, on Wednesday April 20, 1774.
PRESENT :
The Honorable JOHN PENN, Esquire, Governor.
Richard Peters, Andrew Allen,
James Tilghman,
Edward Shippen, jun"., Esquires.
The Governor laid before the Board a Letter which he received this morning by George Wilson, Esquire, Express from William Crawford, Esquire, President of the Court in Westmoreland County, with several Papers inclosed, relative to the Disturbances created, and still continued, by the People of Virginia, within that County, which were severally read, and are as follow, Viz. :
WESTMORELAND COUNTY, April 8th, 1774.
" Sir :
" As some very extraordinary Occurrences have lately happened in this County, it is necessary to write an account of them to you. That which I now give, is at the Request and with the approbation of all the Magistrates that are at present attending the Court.
" A few Weeks ago Mr. Conelly went to Stanton, and was sworn as a Justice of the Peace for Augusta County, in which it is pre- tended that the Country about Pittsburg is included. He had, be- fore this, brought with from Williamsburg, Commissions of the Peace for several Gentlemen in this Part of the Province, but none of them, I believe, have been accepted of. A number of new Militia Officers have been lately appointed by Lord Dunmore, several Musters of the Militia have been held, and much Confusion has been occasioned by them.
"I am informed that the Militia is composed of Men without Character and without Fortune, and who would be equally averse to the regular Aministration of Justice under the Colony of Virginia, as they are to that under the Province of Pennsylvania. The Dis- turbances which they have produced at Pittsburg, have been par-
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tinually alarming to the Inhabitants. Mr. Conolly is constantly surrounded with a Body of armed Men. He boasts the Countenance of the Governor of Virginia, and forcibly obstructs the execution of legal Process, whether from the Court or from Single Magis- trates. A Deputy Sheriff has come from Augusta County, and I am told has Writs in his Hands against Captain St. Clair and the Sheriff, for the Arrest and confinement of Mr. Conolly.
" The Sheriff was last Week arrested at Pittsburg for serving a Writ on one of the Inhabitants there, but was, after some Time, discharged. On Monday last, one of Conolly's People grossly in- sulted Mr. McKay, and was confined by him in order to be sent to Gaol; The rest of the Party hearing of it, immediately came to Mr. Mckay's House and proceeded to the most violent outrages. Mrs. McKay was wounded in the arm with a Cutlass ; the Magis- trates and those who came to their Assistance, were treated with much abuse, and the Prisoner was rescued.
" Some Days before the meeting of the Court, a Report was spread that the Militia Officers, at the Head of their several Com- panies, would come to Mr. Hanna's, use the Court ill, and inter- rupt the Administration of Justice. On Wednesday, while the Court was adjourned, they came to the Court House and paraded before it; Centinels were placed at the Door, and Mr. Conolly went into the House. One of the Magistrates was hindered by the Militia from going into it, 'till permis- sion was first obtained from their Commander. Mr. Conolly sent a Message to the Magistrates, informing them that he wanted to communicate something to them, and would wait on them for that Purpose. They received him in a Private Room. He read to them the inclosed Paper, together with a Copy of a Letter to you which Lord Dunmore had transmitted to him, enclosed in a Letter to himself, which was written in the same angry and undignified Stile. The Magistrates gave the enclosed answer to what he read ; and he soon afterwards departed with his men. Their number was about 180 or 200. On their return to Pittsburg, some of them seized Mr. Elliot of the Bullock Penn, and threatened to put' bim in stocks for something which they deemed an affront offered to their Commander. Since their Return a certain Edward Thomp- son, and a Young Man who keeps Store for Mr. Spear, have been arrested by them ; and Mr. Conolly, who in person seized the young Man, would not allow him Time even to lock up the Store. In other parts of the County, particularly those adjoining the River Monon- gahela, the Magistrates have been frequently insulted in the most indecent and violent Manner, and are apprehensive that unless they are speedily and vigorously supported by Government, it will be- come both fruitless and dangerous for them to proceed in the Exe- cution of their offices. They presume not to point out the measures proper for settling the present Disturbances, but beg leave to re- commend the fixing a temporary Line with the utmost Expedition,
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as one step, which in all probability, will contribute very much to- wards producing that Effect.
" For farther particulars concerning the situation of this County, I refer you to Colonel Wilson, who is kind enough to go on the present Occasion to Philadelphia.
" I am Sir, your very Humble Servant,
"W. CRAWFORD.
" To the Honorable JOHN PENN, Esquire."
Here follows Dr. Conolly's Address to the Magistrates of West- moreland County, referred to in the foregoing Letter :
" Gentlemen :
" I am come here to be Occasion of no Disturbances, but to pre- vent them. As I am countenanced by Government, whatever you may say or conceive, some of the Justices of this Bench are the cause of this Appearance, and not me. I have done this to prevent myself from being illegally taken to Philadelphia. My Orders from the Government of Virginia not being explicit, but claiming the Country about Pittsburg, I have raised the Militia to support the Civil Authority of that Colony vested in me. .
" I am come here to free myself from a Promise made to Captain Proctor, but have not conceived myself amenable to this Court, by any Authority from Pennsylvania, upon which Account I cannot apprehend that you have any Right to remain here as Justices of the Peace constituting a Court under that Province ; but in order to prevent Confusion, I agree that you may continue to act in that capacity, in all such Matters as may be submitted to your determi- nation by the acquiesence of the People, until I may have Instruc- tions to the Contrary from Virginia, or until His Majesty's Pleasure shall be farther known on this Subject.
"J. CONNOLLY."
The Answer of the Magistrates of Westmoreland County to the foregoing Address of Dr. Conolly, vizt. :
"The Jurisdiction of the Court and officers of the County of Westmoreland rests on the legislative Authority of the Province of Pennsylvania, confirmed by His Majesty in Council. That Juris- diction has been regularly exercised, and the Court and Officers will continue to exercise it in the same regular manner. It is far from their Intention to occasion or foment Disturbances, and they ap- prehend that no such Intentions can with Propriety be inferred from any part of their conduct, on the Contrary, they wish and will do all in their Power to preserve the public Tranquility. In order to contribute to this very salutary Purpose, they give Information that
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every step will be taken on the part of the Province of Pennsylva- nia to accommodate any Differences that have arisen between it and the Colony of Virginia, by fixing a temporary Line betwixt them."
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The Deposition of Henry Read, relative to the Disturbances made in Westmoreland County by the Virginians, Vizt :
" Westmoreland County, ss:
" The Deposition of Henry Read, of Pittsburg, Yeoman, (he being of full age,) taken before us, two of His Majesty's Justices of the Peace for the County aforcsaid, on his solemn Oath of the Holy Evangelists of Almighty God, is as follows, viz“ : That on this day about eleven o'Clock, Doctor John Connolly, at the Head of a num- ber of armed Men on Horseback, came into Pittsburg, and alighted near the Houses of John Ormsby and Joseph Spear, Esquire, when said John Connolly came into Mr. Spear's House, and soon after went out again ; that this Deponent, William Amberson, and some others, were tying up Mr. Spears Skins at his Door ; that Connolly then ordered one , Reily to lay hold of that Fellow, pointing to said Amberson, who is Mr. Spears, and acts for him as store-keeper and Clerk ; that Reily laid hold of Amberson by the Arm-that Am- berson then requested he might have liberty to lock up the Store, and was endeavouring to go towards the Store Door, when Mr. Con- nolly came up and seized Amberson by the Breast, and said let the Skins and Store go to the Devil, if your Master was here I would serve him in the same manner; that then Connolly, with several armed Men, took said Amberson down to the Fort; that after some Time this deponent saw said Amberson and Edward Thompson brought up from the Fort to the Town, and guarded by a number of armed Men ; that after they had drank some Toddy at Mr. Ormby's Porch, they took Amberson and Thompson to William Christy's House, and placed several armed Men at the Door; that in this Stato this Deponent left them, and came off Express to give infor- mation to Mr. Spear at Westmoreland Court-that there was in Mr. Spear's House a large Quantity of Goods and Skins ; and further this Deponent saith not.
" HENRY REED.
"Sworn and Subscribed this 7th day of April, 1774.
"W. CRAWFORD. "VAN SWEARINGEN."
The Board taking the above Letters and Papers into Considera- tion, thought it adviseable for the Governor to defer writing an Answer thereto, or taking any Steps in consequence of the Intelli- gence they contain, till the return of the Express from Williams- burg, who was lately dispatched by this Government to the Earl of Dunmore, on the Subject of the above mentioned Disturbances.
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At a Council held at Philadelphia, on Thursday 21st April, 1774.
PRESENT :
The Honorable JOHN PENN, Esquire, Governor.
Richard Peters, Andrew Allen,
James Tilghman, Edward Shippen, Jun"", Esquires.
. The Express sent to Williamsburg being returned without any Answer from the Government of Virginia, The Governor recom- mended to the Board the Consideration of the Subject relative to the Disturbances and violences committed by the People of that Colony, within the County of Westmoreland, and laid before them' three Letters he received two days ago by Express from Æneas McKay, Devereux Smith and Andrew McFarlane, Esquires, Magis- trates of that County, each dated the 9th of April Instant, which were severally read, and Mess's. Mckay and Smith's Letters follow in these words, Vizt:
" PITTSBURG, 9th April, 1774.
" Sir :
" I have just Time to inform your Honor that the Justices De- vereux Smith, Andrew McFarlane and myself, returned from Court late last night to this Place, and that we were all three taken Pri- soners at half an Hour past nine o'clock this morning, by order of Dr. Conelly, and because we refused giving Bail, we are ordered to be sent off this Afternoon to Stanton, in Virginia, where I suppose we will spend the most of this summer, which gives me no manner of Concern so far as it affects my own Person, altho' I can't but feel for, and lament the distressing situation of my Wife and Chil- dren, left here exposed to the Insults and Tyranny of a lawless Mob, whose aim is to subvert Government and good order, and en- rich themselves with the Spoils of their Neighbors.
" I am, with due Respect, Sir, "Your humble and most Obedient Servant, "ÆN'S MACKAY."
" PITTSBURGH, April the 9th, 1774.
" Sir :
" When Justices McKay, McFarlane, and I, returned from at- tending the Court last Evening, we were informed that Doctor Con- nolly was determined to issue King's warrants for us, which were served on the above mentioned Gentlemen and myself this day, by Mr. Conolly's Sheriff. The Crime which we are charged with, is for the Answer we gave Doctor Conolly in writing, by the Concur- rence of the Court at Westmoreland, a Copy of which was inclosed
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to your Honor pr. favor of Colonel Wilson. Mr. Connolly offered to enlarge us, on condition of giving Bail to take our Trial at Stanton Court in Virginia, which the other Gentlemen and I refused, so that we are to go to Jail this day, where we intend to remain 'till your Honor's Pleasure is known, which we make no doubt will be in a short Time. "Tis true our going away from our Families and Business at this Time will be attended with very great Inconveni- encies, but we are willing to suffer that, and a great deal more, rather than bring a disgrace on the Commission which we bear under your Honor.
"I am with great Respect, Sir, " Your Honor's most Obedient, " and most humble Servant, " DEVEREUX SMITH."
Mr. McFarlane's Letter is of the same Tenor with the foregoing one from Mr. Smith.
The Board taking into Consideration the said Letters, as well as the Letters and Papers laid before them at their last Meeting, are of opinion that the most adviseable step to be taken on this occasion by the Government, will be to appoint Commissioners, to go as soon as possible to Williamsburg, in order to represent to the Go- vernment of Virginia the ill Consequences which may happen to the Persons and Properties of His Majesty's Subjects, if an im- mediate stop be not put to the Disorders and violent proceedings which have been begun and are now carrying on, under the Au- thority of that Government, within the Western Bounds of this Province, and also to confer with the said Government on the most proper Measures for establishing Peace and good Order among His Majesty's Subjects of both Governments, and for that Purpose to endeavor to agree upon a temporary Line of Jurisdiction ; and fur- ther to request the said Government will, without Loss of Time, join with the Proprietaries of this Province in an application to the Crown to appoint Commissioners for running and ascertaining the true Boundary Lines between Pennsylvania and Virginia.
The Board were likewise of Opinion that a Letter should be wrote to the three Magistrates who have been put under an Arrest by Mr. Connolly, thanking them for their spirited Behaviour, and ac- quainting them that proper Care shall be taken to supply them, at the Expence of this Government, with all Necessaries which may render their Situation as comfortable and easy as possible, until their Discharge can be obtained; And also, that a Letter of In- structions be sent to the other Magistrates of Westmoreland, re- specting their future Conduct.
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At a Council held at Philadelphia, on Friday 22d April, 1774. PRESENT :
The Honourable JOHN PENN, Esquire, Governor.
Richard Peters, Andrew Allen,
James Tilghman, Edward Shippen, Jun"., S Esquires.
A Member of Council laid before the Board Draughts of two Letters proposed to be sent to the Magistrates of Westmoreland County, which were read, and after a few Alterations made to them, were ordered to be fairly transcribed and dispatched to-morrow by the Express who came from that County. The Letters follow in these Words, Viz' :
" PHILADELPHIA, 22d April, 1774.
" Gentlemen :
1 " I received Your several Letters informing me of your Arrest and Confinement, on Warrants issued by Doctor Conolly, and can- not but greatly approve your Spirit, and the Attachment you have shown to the Interests of this Province. But as the Confinement of your Persons, at so great a Distance from your Homes, must be very injurious to your private Concerns, if you can procure your enlargement by finding Bail, I shall by no means disapprove such a Step. I shall, with all possible Expedition, send Commissioners to my Lord Dunmore, to apply for your Discharge; and as Colonel Wilson is so obliging as to offer to call at Stanton in his way home, I have instructed him to procure for you any Security or Credit you may stand in need of, and shall do every Thing in my Power to free you from your disagreeable Situation, or to make it as comfortable as may be.
" I am, Gentlemen, " Your very humble Servant, "JOHN PENN.
" To Æneas Mackay, Devereux Smith, and Andrew McFarlane, Esquires, Justices of the Peace for the County of Westmoreland."
"PHILADELPHIA, 22d April, 1774.
" Gentlemen :
" The present alarming Situation of our Affairs in Westmoreland County, occasioned by the very unaccountable Conduct of the Gov- ernment of Virginia, requires the utmost Attention of this Govern- ment, and therefore I intend, with all possible Expedition, to send Commissioners to expostulate with my Lord Dunmore upon the Behaviour of those he has thought proper to invest with such power as hath greatly disturbed the peace of that Country. As the Government of Virginia hath the Power of raising a Militia,
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and there is not any such in this Province, it will be in vain to con- tend with them in the way of Force; the Magistrates, therefore, at the same Time that they continue with steadiness to exercise the Jurisdiction of Pennsylvania with respect to the distributions of Justice and punishment of Vice, must be cautious of entering into any such Contests with the Officers of my Lord Dunmore, as may tend to widen the present unhappy Breach ; and therefore, as Things are at present circumstanced, I would not advise the Magistracy of Westmoreland County to proceed by way of criminal prosecution against them for exercising the Government of Virginia.
" I flatter myself that our Commissioners to Virginia will suc- ceed according to our expectations, and that our Affairs to the Westward will soon be put upon a peaceable and quiet Footing.
" I am Gentlemen, " Your very humble Servant, " JOHN PENN.
"To WILLIAM CRAWFORD, Esquire, and his Associates, Justices of Westmoreland County."
The Governor laid before the Board the several Records of the Conviction of Joseph Price, Thomas Stephens, Richard Burch and Conrad Founder, for Burglary, James Swain and Mulatto Elizabeth, for Murder, and Bernard Repton, for counterfeiting the Bills of Credit of this Province, at the last Court of Oyer and Terminer held at Philadelphia, for the County of Philadelphia, in April In- stant, before William Allen, John Lawrence and Thomas Willing, Esquires, Justices of the said Court ; and also the Record of the Conviction of William Wright for Burglary, at a Court of Oyer and Terminer held on the 5th Instant, at Newtown, for the County of Bucks, before John Lawrence and Thomas Willing, Esquires, by which Records it appears that the said Criminals had all received Sentence of Death.
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