USA > Pennsylvania > Colonial records of Pennsylvania, Vol. X > Part 2
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" Honº. JAMES HAMILTON."
A Committee of two Members of Assembly waited on the Gov- ernor and presented him two Bills for his Honor's Concurrence, en- tituled "An Act for preventing Tumults and Ryotous Assemblies, and for the more speedy and effectual punishing the Ryoters ;" And " An Act for the support of the Light House erected at the mouth of the Bay of Delaware, and the Buoys placed in the said Bay and the River Delaware, and for the re-payment of the monies borrowed for the Erecting the said Light House and placing the said Buoys."
The Committee at the same time acquainted the Governor that the House were inclined to rise to-day, and proposed to adjourn to the first Monday in January next, if his Honour had no Objection thereto.
The Governor replied to them that he should take the Bills into Consideration immediately, and had no objections to their proposed time of adjournment.
The Bills were then read and duly considered, and being ap- proved by the Board, the Secretary was Ordered to return them to Assembly immediately, with a Verbal Message to the House that the Governor gave his assent to them.
In considering the last mentioned Bill it was found that the names of the Commissioners and Collector of Tonage therein, were the same with those appointed by the Act for erecting a Light
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PROVINCIAL COUNCIL.
House, &cª., passed in September, 1763, whom the Governor did then approve of, for which Reason His Honour waved any objection to this Bill on account of the nomination of the Officers; And it appeared also to the Board to be freed from the Objections made by the Lords of Trade to the Supplement to the last mentioned Act, passed in September, 1764, and repealed by the Crown in June, 1766.
The Council then adjourned to the Council Chamber, and the Secretary was sent with a Message to the Assembly, to acquaint them that the Governor was ready to enact into Laws the two Bills which had Received his assent. The whole House accordingly at- tending, the Speaker presented the said two Bills, which the Gov- ernor enacted into Laws, and signed a Warrant for affixing the Great Seal to them. They were accordingly Sealed, and afterward deposited in the Rolls Office.
New Castle, Tuesday October 22d, 1771.
This Morning the Governor, by two Members of his Council, and the Gentlemen of the Assembly, and preceded by the Sheriff and his Officers, went to the Court House, where his Commission and Proclamation for the Continuance of Magistrates and other Officers of the Government were published with due Solemnity, in the presence of a number of the Inhabitants.
-
Edom die, P. M.
The Governor received a Verbal Message from the Assembly by three Members, that the House had met pursuant to the Charter and laws of the Government, and had chosen their Speaker, and desired to know when and where they should wait on his Honour in Order to present him. His Honour made answer, that he was now ready to receive the House with their Speaker. The Assembly attended accordingly, and presented David Hall, Esquire, as their Speaker, who, being approved by the Governor, claimed the usual Privileges, which were granted, and then the House withdrew.
A Committee of three members of the House waited on the Governor and acquainted him that the House having taken the usual Qualifications, were ready to receive any Business which His Honour might have to lay before them ; to which the Governor made answer, that he intended to speak to the House to-morrow, and would acquaint them by the Secretary at what hour he should require their attendance.
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Wednesday, 23d October, 1771, A. M.
The Governor acquainted the Assembly by the Secretary that He proposed to speak to them this forenoon, and therefore now requir- ed their attendance at Misses. Clay's House. The Speaker and the whole House attending immediately, the Governor made them a speech, which follows in these words, viz' :
" Gentlemen :
" It gives me great pleasure to have so early an opportunity after my arrival, of acquainting you with my appointment to the Govern- ment of these Counties, and to assure you of my sincere Inclina- tions upon all Occasions to promote the true Interest and prosperi- ty of the people committed to my Charge.
" I have a sensible pleasure in reflecting upon the harmony which has subsisted between my predecessor and the representative Body of these Counties; and I do assure you that nothing shall be want- ing on my part which can contribute to preserve the like good un- derstanding with you.
"I have no particular Business to lay before you at this time, but shall always be ready to Concur with you in any measures which may promote the happiness and Welfare of the People you repre- sent."
Edom die, P. M.
Three Members of Assembly waited on the Governor in the Evening, and acquainted him that the House had prepared an ad- dress which they Intended to present to his Honour ; and request- ed to know when he would be pleased to receive the same. The Governor answered that he would be ready for that purpose in about half an hour. The House having accordingly waited on the Gov- ernor ; The Speaker delivered an address to his Honor in the fol- lowing words, Viz':
" May it please Your Honour :
" We the representatives of the Freemen of the Counties of New- Castle, Kent and Sussex, upon Delaware, beg leave to Congratulate your Honor on your appointment to and safe arrival in this your Government; and to return you our most sincere and hearty thanks for your very kind and affectionate Speech.
" The knowledge we have of your Honour from your residence in your other Province for several years, your condescending affabil- ity, candor, and the perfect assurance you are pleased to give us of your sincere inclination upon all occasions to promote the true In- terest and prosperity of the People Committed to your Charge, can- not fail of procuring the Esteem of our Constituents, and exciting in us the warmest emotions of Gratitude.
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PROVINCIAL COUNCIL.
"The many amiable Qualities, your honoured predecessor was possessed of, very justly endeared him to the representative body of these Counties, as well as to all who had the honor of his ac- quaintance, and we cannot but retain the deepest sence of the hap- piness the good people of this Government enjoyed under his ad- ministration. The pleasing prospect we have of a continuance of that Harmony in the Legislative, that always subsisted between him and the Assemblies here, affords us a very singular satisfaction.
" We thank your Honor for the most obligeing manner in which you have declared your readiness to Concur with us in any Measures that may promote the happiness and welfare of our Constituents.
" In return for so much goodness, permit us, Sir, to declare that, as well from Inclination as duty, we will do every thing on our parts, both in our public and private Characters, that may have a tendency to render your Honor's administration easy and happy. "Signed by Order of the House, "DAVID HALL, Speaker.
" October 23d, 1771."
To which the Governor was pleased to return the following An- swer, Viz* :
" Gentlemen :
" I heartily thank you for your affectionate address to me, as well as for the kind regard you have expressed for my predecessor.
" It gives me great satisfaction to find that the good People of this Government entertain so favourable an opinion of me. I do assure you I have nothing more at heart than their true Interest, and I flatter myself that you will at all times find my Actions Cor- respond with my Professions.
" October 23d, 1771."
At a Council held at Philadelphia, on Saturday 23d November, 1771.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gov- ernor, &cª.
Richard Peters,
Benjamin Chew, S Esquires.
The Governor having Received information that Lieutenant Rob- ert Hamilton, of his Majesty's eighteenth Regiment of Foot, who stands charged with the Murder of Lieutenant Tracy, of the same Regiment, in the County of Bedford, is very desirous of Receiving his Tryal, acquainted the board that he thought a special Commis- sion for holding a Court of Oyer and Terminer should be Issued for that purpose, as it would be inconvenient for the Judges of the Su-
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MINUTES OF THE
pream Court to take a Journey at this Season so far as Bedford. The Board thereupon desired desired the Governor to Issue a Special Commission, appointing the three Eldest Justices of the Peace in Bedford County to hold the said Court; and His Honor accordingly Issued a Commission, Directed to John Frazer, Bernard Docherty, and Arthur St. Clair, Esquires.
The Secretary laid before the Board a Petition from a number of Germans, settled at the Glades, upon Stony Creek and Youghia- gany, in the County of Bedford, representing the great inconve- nience they are under for want of a Magistrate, there being none nearer to them than thirty miles, and praying the appointment of one residing in or near that Settlement.
The Board, on considering the said Petition, advised the Governor to commissionate for that purpose Mr. Abraham Keble, who is re- commended as a man of Property and Reputation, and the best quallified of any person in that quarter to execute the duty of a Magistrate. His Honor accordingly issued a special commission, appointing the said Keble a Justice of the Court of General Quar- ter Sessions of the Peace and of the County Court of Common Pleas for the said County of Bedford.
Ata Council held at Philadelphia, on Monday the 1st of Decem- ber, 1771.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gov- ernor, &cª.
Richard Peters,
Benjamin Chew, Esquires.
Lynford Lardner, Edward Shippen, jun", S
The minutes of the Preceeding Council were read and ap- proved.
John Swift, Esquire, Collector of his Majesty's Customs for this Port, appeared at the Board and presented to the Governor for his perusal several depositions taken before the Chief Justice, set- ting forth that Thomas Mushett, Commander of a Schooner in the Service of the said John Swift, did on Saturday, the 23d of last month, near Chester, in the river Delaware, seize as forfeited to his Majesty a Pilot Boat laden with a Variety of contraband Goods ; that the said Thomas Mushet, after setting one the of Men who worked the said Pilot Boat on Shore, at his own Request proceeded up the river for this City, with the said Pilot Boat; That when they reached Red Bank they were met by the Tide of Ebb, and came to an Anchor, lashing both Vessels together ; that between nine and ten o'clock the same night they were boarded by upwards of 30 Men in disguise, armed with Cutlashes, Clubs, and other Offencive Weapons, who violently attacked and Cruelly cut and wounded the
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PROVINCIAL COUNCIL.
said Thomas Mushet and two of his People, and Confining them and the rest of the Crew in the Hold of the said Schooner, did con- siderable damage to her by cutting her sails and Rigging, &c., and afterwards Rescued and carried off the said Pilot Boat with her lading.
The said Depositions being read, Mr. Swift requested the Gov- ernor would be pleased to issue a Proclamation offering rewards for the apprehending and bringing to Justice the several persons who had committed the assault and rescue mentioned in the said Depo- sitions, or were otherwise Concerned in that illegal and Ryotous proceeding.
The Board taking this matter into consideration, advised the Governor to issue a Proclamation agreeable to Mr. Swift's Request, if the Speaker and the other Members of the Assembly who were in Town, would engage that the House will pay the Rewards which may be offered and become payable on that occasion, and the Sec- retary was directed to wait on the Speaker to request he would con- sult the Members of Assembly on this matter, and to acquaint the Governor with their Sentiments and Resolutions thereon.
The Governor laid before the board a Letter he had just re- ceived from three of the Principal Magistrates in Kent County, representing the great inconveniences the people of that County labour under for want of a sufficient number of Magistrates conve- niently situated to do the public business, owing to the Death and removal of some of the Magistrates appointed in the last Gen- eral Commission of the peace, and recommanding John Chew, Richard Smith, Richard Lockwood, and Zadok Crapper, as the most proper persons to supply the present deficiency in the Magis- tracy. The Governor, therefore, by the advice of the Board, direc- ted the Secretary to make out a new Commission, assigning the following Gentlemen Justices of the Court of General quarter Ses- sions of the Peace and of the County Court of common Pleas for the said County of Kent, Viz :
Charles Ridgley,
James Boyen,
Andrew Caldwell,
Thomas Hanson,
James Sykes,
Jonathan Emmerson,
William Rhodes,
Samuel Chew,
John Clark,
John Chew,
Jacob Stout,
Richard Smith,
Finwick Fisher,
Richard Lockwood,
Thomas Tilton,
Zadok Crapper.
Warner Mifflin,
Christian Lehman, a Conveyancer in this City, having lately pe- titioned the Governor to grant him a Commission to be a Notary and Tabellion Public, and produced Recommendations from several Gentlemen of Reputation of his being properly Qualified to exe- cute that office, His Honour was this day pleased to issue a
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MINUTES OF THE
Commission appointing the said Christian Lehman a Notary and Tabellion Public within this Province.
The Delaware Captain named Killbuck, and two other Indians of the same Tribe, who lately came to town from the Ohio, with a Message to this Government from the Western Indians, were intro- duced by the Secretary, and the Governor having bid them welcome and acquainted them that he was ready to hear what they had to say, Killbuck spoke to them as follows, Vizt .:
" Brethren :
"I am glad to see you here face to face ; It is twenty Days since I came from Fort Pitt, and I am pleased we are now met together to do Business at our old Council Fire at Philadelphia.
" Brethren :
"I am sent down with a Message to the Governor from the Delawares, Munsies, Mohickons and Shawanese.
" Brethren :
" The Great God has established among us Indians the method of using Belts of Wampum to convey our sentiments to each other as you do by means of writing.
" Brethren :
"The Message I have now to deliver by the three Belts which I have now in my hands, is not only addressed to you, but to the Governors of Maryland and Virginia likewise ; We have the same Request to make of you all.
" Brethren :
" But before I deliver the Message I have in Charge, I by this String wipe all your Faces Clean, and remove the sweat and dust from your Eyes, and cleanse your Hearts of all Foulness, that you may hear and understand all that your Brethren the Delawares, Mohickons, Munsies and Shawanese, have to say to you.
A String.
" Brethren :
"Sir William Johnson told me at his own House, about six years agoe, that there should be some one sent by the King of England to reside at Fort Pitt, with whom the Indians might con- fer and do their Indian Business.
" Brethren :
" As you are at a great distance from us, and it is therefore Dif- ficult to do Business with you, I am greatly afraid that our young men will act foolishly and Commit many disorders for want of some such Person as we have mentioned to reside at Fort Pitt. " Brethren :
"I request you will be so good as to take care of your own young People, and restrain them from acting foolishly, and we shall do so on our part with respect to our young men, as far as lies in our power.
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PROVINCIAL COUNCIL.
66 Brethren :
" About three years agoe you made a Council Fire at Fort Pitt, and we think that that fire is now almost out and wants to be re- kindled.
" Brethren :
" The Six Nations meet with Sir William Johnson every year in order to brighten and strengthen the Chain of Friendship. We also observe the same thing is done at Charlestown, at which place the Cherokees and Catawbas meet every spring to renew their Friendship with their Brethren; And there was formerly a Coun- cil Fire in these middle Provinces, kept up by your and our fore- fathers, but we perceive that fire is almost extinguished, and we de- sire now that it may be renewed, that we may meet together as our forefathers used to do, and strengthen our Friendship. " Brethren :
" Now, I have from the bottom of my Heart opened all the Bu- siness that I am sent upon, and as it is not only directed to you, but to the Governors of Maryland and Virginia, I desire that this Message may be sent along with the Belts which I have brought with me to those two Governments, and that you will let the King of England know that we have made this request to you and them.
" Now let us join together heartily and engage with one another to build up a Council Fire at Fort Pitt, and if we do this Heartily in the beginning, our Children and Grand Children will keep it up, and it will in time become a very great Fire, sufficient to preserve frienship between us and our latest Posterity.
" Now, Brethren, I repeat it again, that tho' we come with this Message to you, we desire you may not understand that it is inten- ded for you alone, but equally to the Governors of Maryland and Virginia, and we request they may be informed of this.
Delivered three Belts and Three Strings.
" Brethren :
"I desire, by this Belt, that as we are helpless and poor, you will assist us on our Return Home."
A Belt.
At a Council held at Philadelphia, on Tuesday 2d of December, 1771.
PRESENT :
The Honourable RICHARD PENN, Esq., Lieutenant Gover- nor, &cª.
Richard Peters,
· Benjamin Chew, Lynford Lardner, Andrew Allen, Esquires. Edward Shippen, jun".,
The Council being met, pursuant to a Summons sent them yes- terday by the Governor's directions, requesting their attendance
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MINUTES OF THE
this morning to consider of the addition of a new Member to the Board, His Honour expressed his Inclination to Introduce William Hicks, Esquire, to a seat in the Council, and proposed him for that purpose, and none of the Members present making any Objections thereto, it is ordered that that Gentleman be Summoned to attend at the next meeting of the Council, in order to take the usual quali- fications, and be admitted to his seat at this Board.
At a Council held at Philadelphia, on Thursday 5th December; 1771.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gov- ernor, &cª.,
Richard Peters,
James Tilghman,
Esquires.
Edward Shippen, jun".,
William Hicks, Esqr., having been summoned to attend the Coun- cil, this day appeared at the Board, and took and Subscribed the usual qualification and also took an Oath for the Faithful discharge of his duty as a Member of the proprietary and Governor's Coun- cil, and was then admitted to his seat at the Board.
Killbuck and the two other Delaware Indians from the Ohio be- ing sent for to receive the Governor's answer to the Message he lately brought from the western Indians appeared ; and being seated, the Governor delivered to them his answer in the following words, Vizt. :
" Brethren :
" By this String I perform the same Ceremonys towards you, which agreeable to custom, were observed by you towards me.
A String.
" Brethren :
" Now attend to the answer I am going to give to your speeches, and that you may know I have rightly understood you, I shall re- peat the substance of what you spoke.
" You told me you was deputed by four Nations, namely : Dela- wares, Munsies, Mohickons, and Shawanese ; that the Business was, weighty and of great Consequence, relating not only to this Gov- ernment, but equally to the Governments of Virginia and Maryland, as well as this province, and accordingly you had a Belt for each of us, which you delivered to me, with a Request that I would send the other two to the other Governors, together with the Mes- sage you was charged with. You then proceeded to the Business itself, informing me that about six years agoe, at a visit you paid
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PROVINCIAL COUNCIL.
to Sir William Johnson, He, by you, informed the Indians on the Ohio that there should be some person of a Public Character sent to reside at Fort Pitt, to whom the Indians might have Recourse when any Business was wanted to be done with any of their Breth- ren, the English; and that this was Solemnly promised again to the Indians at the great Treaty which was held on the part of the King about three years agoe, at Fort Pitt ; That you were the only Tribes of Indians who were without such a public person, for the Northern Indians of the Six Nations had opportunity of holding annual Treaties with Sir William Johnson, and the Southern In- dians with a person appointed like him and Residing at Charles Town.
" And you further said that, as you had many disorderly In- dians, and especially among your young Men, who only could be Restrained by the presence of a person who should have authority to call all such disorderly Persons forthwith to account, if so neces- gary and useful a measure should be any longer delayed, it was highly probable that the peace now so happily subsisting between us would not last long, for quarrels were every day arising, and more would arise, that must break the Chain of Friendship, and therefore desired that on the part of these middle Provinces of Virginia, Maryland, and this Province, there might be a person sent to reside at Fort Pitt, invested with powers to do Indian Business, in the same manner as is done for the Northern and Southern Indians.
" You concluded with desiring that the three Governments would send a particular account of this request of yours to His Majesty. " Brethren :
"I shall not fail in Compliance with your request, to forward Your Message and Belts to the Governors of Virginia and Mary- land.
" I make no doubt but Sir William Johnson has had Conferences with the Six Nations, and likewise has corresponded with his Ma- jesty's Ministers on so Important a subject as the placing of a per- son to do Indian Business at Fort Pitt. I shall therefore send a copy of your request to him, that I may know every thing that has been done in Relation to this affair, in order thence to be able to write properly on this subject to his Majesty."
A Belt.
The Secretary acquainted the Board that he had waited on Mr. Galloway, the Speaker of the Assembly, in order to know the minds of himself and the other Members of Assembly in Town, respecting the payments of such Rewards as might be offered for apprehend- ing the persons concerned in the Rescue of the Pilot Boat which had been seized last month by the Custom-House officers, and that Mr. Galloway had desired him to inform the Governor that he had Consulted all the Members of Assembly who were in Town, and that as the matter was entirely new and without a precedent, they
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could not undertake to say what might be the sentiments of the House thereon, and therefore they declined any engagements on their Behalf, for the payment of any Rewards that should be offered, or advising the Governor at all on this Occasion.
The Council thereupon advised the Governor to issue a Procla- mation requiring all officers and others to use their utmost endea- vours for apprehending and securing the persons concerned in the above mentioned outrage, and promising a pardon to any one of the Offenders who should inform against, or make known one or more of his accomplices, so that they be brought to Conviction.
The following Proclamation being prepared by the Secretary, was approved and accordingly Issued, Viz* :
" By the Honourable RICHARD PENN, Esquire, Lieutenant Governor and Commander-in-Chief of the Province of Pennsyl- vania, and Counties of Newcastle, Kent, and Sussex, on Dela- ware.
" A PROCLAMATION.
" WHEREAS, an Information hath been made to me by John Swift, Esquire, Collector of his Majesty's Customs for the Port of Phila- delphia, Supported by the depositions of several Persons taken be- fore the Chief Justice of this Province, That Thomas Mushet, commanding a Schooner belonging to the Custom House of the said Port, on the twenty-third day of November last, did seize, as for- feited, in the River Delaware, a certain Pilot Boat, laden with a variety of Contraband goods, and that between the Hours of nine and ten in the Night Time of the same day, upwards of thirty men, Armed with Clubs and Cutlasses, and disguised in Sailors' dresses, with their Faces smutted, did, in a most violent and outrageous Man- ner, enter on Board the said Schooner, then lying at anchor to- gether with the said Pilot Boat near Red Bank, in the River afore- said, and Immediately attacking the people belonging to the said Custom House Schooner, did most cruelly and inhumanly beat, cut, and wound the said Thomas Mushet, and two of his People, and after Confining them and the rest of the crew in the Hold of the Schooner, they cut her sails and Rigging to pieces, and rescued and carried off the Pilot Boat with her lading, which had been seized as aforesaid; I have therefore thought fit, by and with the Advice of the Council, to issue this Proclamation, and do hereby strict- ly Charge, enjoin, and Require all Officers, Civil and Military, and all other His Majesty's liege Subjects within this Province, to make diligent Search and Enquiry after the principal Perpetrators of the said Outrage, and all others who were in any Manner concerned therein ; and if any of the Offenders shall be found within this Province, to use their utmost endeavours to apprehend and Secure them, that they may be proceeded against according to Law. And
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