USA > Pennsylvania > Colonial records of Pennsylvania, Vol. X > Part 22
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MEMORANDUM, 13th October, 1774.
The Return of Sheriffs and Coroners for Westmoreland County being now made, the Governor was pleased to commissionate the following Persons as Sheriff and Coroner of the said County, Viz' :
Name of the County.
Offices.
Names of Officers. Sheriff's Sureties.
Westmoreland,
Sheriff,
JohnCarnaghan, Joseph Beeler,
Coroner, |James Kinkead, John M'Clellan.
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213
PROVINCIAL COUNCIL.
Council Chamber.
MEMORANDUM, 15th October, 1774.
A Committee of the Assembly waited on the Governor yesterday, and acquainted him that, pursuant to the Charter and Laws of the Province, a Quorum of the Representatives had met, and had pro- ceeded to chuse their Speaker, and desired to know when and where the Governor would be pleased to receive the House, that he might be presented for His Honor's Approbation. The Governor having appointed this Day, at o'clock for that purpose, acquainted the House, by the Secretary, that he attended his Appointment in the Council Chamber, and was ready to recieve the House with their Speaker.
The whole House waited on the Governor, and presented Ed- ward Biddle, 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 he thought those Privileges essentially requisite in a Representative Body, and he should be careful to protect the House in the full enjoyment of them, and then the House withdrew.
At a Council held at Philadelphia on Monday 17th October, 1774.
PRESENT :
The Honourable JOHN PENN, Esquire, Governor. William Logan, James Tilghman, 1
Richard Peters, Edward Shippen, jun"-, Esquires.
Benjamin Chew,
Upon the application of John Patterson, Esquire, Deputy Col- lector of His Majesty's Customs for this Port, the Governor, with the advice of the Council, issued the following Proclamation, Viz* :
" By the Honorable JOHN PENN, Esquire, Governor and Comman- der-in-Chief of the Province of Pennsylvania, and Counties of New Castle, Kent, and Sussex, on Delaware.
" A PROCLAMATION.
"WHEREAS, an Information hath been made to me by John Patterson, Esquire, Collector of His Majesty's Customs for the Port of Philadelphia, supported by Depositions taken before one of the Justices of the Peace for the County of Philadelphia, that in the night of the twenty-second day of last month, a considera- ble Number of Hogsheads of Foreign Sugars, were taken from on
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MINUTES OF THE
board the Schooner Felicity, Allen Moore, Master, lately arrived from Hispaniola, and put into a Store in the Northern Liberties of this City, the said Sugars not having been first entered in the Custom House, nor the Duties thereof paid before they were landed, and that on the next Day, a great number of People armed with Clubs and Staves, appeared at the said Store, and prevented the Officers of the Customs from breaking open the Doors of the same, in order to make Seizure of the said Sugars, and that afterwards, in the Evening of the same Day, the said Sugars were violently and forcibly taken from the said Store and carried away. I have therefore thought fit, with the advice of the Council, to issue this Proclamation, and do hereby strictly charge, enjoin, and require all Judges, Justices, Sheriffs, and all civil Offi- cers, as well as all others His Majesty's Subjects within this Pro- vince, to use their utmost Endeavors, by all lawful Ways and Means, not only to bring to Justice all offenders in the Premises, but to discountenance and discourage all such Violent, outrageous, and illegal Proceedings for the future ; and also upon all Occasions, to afford the most speedy and effectual Aid and Assistance to the Officers of His Majesty's Customs in the legal discharge of their Duty.
" Given under my Hand and the Great Seal of the said Province, at Philadelphia, the eighteenth day of October, in the fourteenth Year of His Majesty's Reign, and in the year of our Lord one thousand seven hundred and seventy-four.
" JOHN PENN.
" By His Honour's Command. " JOSEPH SHIPPEN, Jr., Secr'y. "GOD SAVE THE KING."
The Board being of Opinion it would be expedient and necessary to continue in pay, for a Time longer, the Rangers employed in the Protection of the Western Frontiers of this Province, they advised the Governor to reccommend it to the Assembly to make Provision for that Purpose, and the following Message being prepared at the Table, was fairly transcribed and delivered to the House by the Secretary, Vizt :
A Message from the Governor to the Assembly.
" Gentlemen :
" By the latest Intelligence from the Westward, The Earl of Dunmore was sent out on an Expedition down the Ohio against the Shawanese Indians, and it is very uncertain as yet whether the Troubles on the Frontiers may subside. I therefore find it incum- bent on me to recommend to your Consideration the Propriety of keeping in pay, for a longer Time, the Rangers employed by this
215
PROVINCIAL COUNCIL.
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Government, or taking such other Measures as you may judge on. this Occasion most proper for the Public Security.
" October 17th, 1774."
" JOHN PENN.
MEMORANDUM, 19th October, 1774."
The Governor this Day received the following Message and Re- solves from the Assembly in answer to His Honor's Message of the 17th Instant, Viz“ :
A Message to the Governor from the Assembly.
" May it please your Honour :
" Having taken into Consideration the Matters referred to us in your Message of the 17th Instant, we are of opinion that the Rangers employed by this Government should be disbanded by the first of November next, as their Service on the Frontiers does not appear to us to be any longer Necessary.
" We have provided, agreeable to the Resolves sent herewith, for the Payment of the Arrears that may be due, and for the incidental Charges that have accrued for this Service.
"As the safety of the Province, in a great measure, depends upon having a supply of Arms ready upon any Emergency, we trust your Honor will give orders, that at the Time of disbanding the Men, the Arms with which you supplied them may be collected and deposited in some place of Security.
" Signed by Order of the House.
" E. BIDDLE, Speaker.
"October 19th, 1774."
In Assembly, October 19th, 1774.
" Resolved, That the Pay of the Rangers on the Frontier be con- tinued 'till the first of November next, and that they be then dis- banded; it not appearing to the House that their Service is any longer necessary.
" Resolved, That Mr. Hillegas, Mr. Gray, Mr. Mifflin and Mr. Humphreys, or any three of them, by and with the Consent of the Governor of this Province, for the Time being, may draw Orders on the Provincial Treasurer for any Sum not exceeding fourteen hundred and fifty pounds, to be disposed of in discharging the Arrears of Pay and Victualling the said Rangers; the said Sum to be paid out of the Monies remaining in his Hands by Virtue of an
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MINUTES OF THE
Act passed the 28th of September last, entitled An Act for the Support of the Government of this Province and Payment of the Public Debts.
"Extract from the Journals.
"CHA" MOORE, Cl'k. of Assembly."
New-Castle, October 20th., 1774. .
George Read, Esquire, having resigned his Office of Attorney General of this Government, the Governor was this Day pleased to issue a Commission appointing Jacob Moore, Esquire, to that Office.
A Committee of Assembly waited on the Governor with a Mes -. sage from the House, acquainting him that they 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 him to present him. The Governor having answered that he should be ready to receive the House at Mrs. Clay's, they accord- ingly attended there and presented Cæsar Rodney, Esquire, as their Speaker, who, being approved by the Governor, claimed the usual Priviledges, which were allowed, and then they withdrew.
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Eodem Die.
A Committee of Assembly having waited on the Governor and acquainted him the House were duly qualified, and were ready to receive any Business his Honor might have to lay before them, the Governor sent the Secretary with a written Message to them in the following words :
A Message from the Governor to the Assembly.
" Gentlemen :
" As the Jurisdiction of this Government is now extended to the Provincial Lines run and marked between these Counties and Mary- land, in pursuance of Agreements between the respective Proprie- taries and of Decrees of the high Court of Chancery in England, founded on those Agreements, and as the newly acquired tract of Country is not properly within any particular County, there seems to be a Necessity of a Law for establishing divisional Lines between the Counties, from the Western termination of the late reputed Boundaries to what is called the Tangent Line. I must, therefore, recommend the Matter to your immediate Consideration.
"JOHN PENN.
"New Castle, 21st October, 1774."
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PROVINCIAL COUNCIL.
October 24th, 1774.
The Governor having taken in Consideration the State of the Commissions of the Peace for this Government, and finding it neces- sary to make some Alterations and Additions thereto, he this Day issued new General Commissions for the three Counties of New Castle, Kent, and Sussex, and the Persons whose names are as follow, were therein assigned Justices of the Court of General Quarter Sessions of the Peace and of the County Court of Common Pleas for the said Counties respectively, Viz *:
For New Castle County :
The Members of the Proprietary and Governor's Council; and
John Jones,
John Evans,
Thomas James,
Theodore Maurice,
William Patterson,
Thomas MCKean,
John Stapler,
Benjamin Noxon,
David Finney,
John Malcom,
Thomas Cooch,
George Craighead,
James Latimer,
Richard Cantwell,
Thomas M&Kim,
Samuel Patterson.
Dedimus Potestatem, directed to
RICHARD MC. WILLIAM, and GEORGE READ, Esquires.
For Kent County :
The Members of the Proprietary and Governor's Council ; and ..
Charles Ridgley,
Thomas Hanson,
James Sykes,
Jonathan Emerson,
William Rhodes,
John Chew,
John Clark,
Richard Smith,
Jacob Stout,
Richard Lockwood,
Fenwick Fisher,
Zadock Crapper,
Thomas Tilton,
Thomas Rodney,
James Boyer,
Thomas White.
Dedimus Potestatem, directed to
CÆSAR RODNEY, and SAMUEL CHEW, Esquires.
For Sussex County :
The Members of the Proprietary and Governor's Council ; and
Benjamin Burton,
Booz Manlove,
Jacob Kollark,
John Wiltbank,
Wrixam Lewis,
Daniel Nune,
Gilbercher Parker,
Nehemiah Davis,
Levin Crapper,
John Dagworthy,
Thomas Robinson,
William Holland,
William Conwell,
William Elligood,
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MINUTES OF THE
John Rodney, Anderson Parker, Parker Robinson,
William Polk, Jonathan Bell.
Dedimus Potestatum directed to
DAVID HALL, and JOHN RODNEY, Esquires.
October 25th, 1774.
The Assembly this Day sent up to the Governor, for his Concur- rence, four Bills entituled as follow, Vizt .:
"An Amendment to an Act entituled ' a Supplementary Act for the Amendment of an Act of General Assembly of this Govern- ment, made in the first Year of his present Majesty's Reign, enti- tuled ' An Act for Banking in and Draining a Quantity of Marsh, in the County of New Castle, bounding on Brandywine, Christiana, and Delaware Rivers, commonly called by the Name of Cherry Island Marsh, and for keeping the Banks, Dams, and Sluices be- longing to the same in good Repair.' "
" A Supplement to an Act entituled 'An Act to enable the Owners of a piece of Marsh on the South side of Port-die Creek, fronting the River Delaware, effectually to embank and drain the same, and to oblige all the Owners of the Marsh situate on the said River, inclosed by a Bank running from a point of fast Land of Jonas Stedham, to Delaware aforesaid, and down the same to the Southermost Point of the fast land of James Eves, to keep the same, Bank and Dam in good Repair forever, and to raise a Fund to defray sundry contingent yearly Expences accruing thereon.' "
" An Act to enable the Owners and Possessors of that Tract of Meadow known by the name of the Deer Creek Marsh, to keep the Banks, Dams, and Sluices in Repair, &ca,' "
" An Act for the Relief of George Beach, a languishing Prison- er in the Gaol of New Castle, with respect to the Imprisonment of his Person." Which four Bills, being duly considered and approved, were returned to the House with the Governor's assent.
Wednesday, October 26th, 1774.
The Assembly waited on the Governor at 12 o'clock by Appoint- ment, when the Speaker presented the four Bills which were agreed on yesterday, which the Governor enacted into Laws, signed a War- rant for affixing the Great Seal thereto, and appointed the Secreta- ry to accompany the two Members named by the Assembly to see them Sealed and deposited in the Rolls Office.
219
PROVINCIAL COUNCIL.
The Speaker then, in behalf of the House, thanked the Governor for his Care and attention to the Business of the Government, and assured him that the House would have a proper remembrance of it.
A Committee of Assembly afterwards waited on the Governor and acquainted him that they proposed to adjourn till the 13th of March next, if the Council had no Objection to it, and the Gov- ernor answered that their proposed Time of Adjournment was very agreeable to him. .
At a Council held at Philadelphia, on Wednesday 2d November, 1774.
PRESENT :
The Honourable JOHN PENN, Esquire, Governor.
Richard Peters, James Tilghman,
Benjamin Chew, Andrew Allen, Esquires.
WHEREAS, on the Petition of sundry Freeholders, and other In- habitants of the County of Northampton, an Order of Council was issued on the 6th of April, 1771, directing six persons therein named, or any five of them, to view and lay out a Road from the north side of the Blue Mountain in the said County of Northamp- ton to Wyoming, in the most convenient and direct Courses, and to make a Return of the Courses and Distances, with a Draught of the said Road into the Provincial Secretary's Office within six Months from the Date thereof. And whereas, another Petition from the Inhabitants of the said County of Northampton had this day been presented to this Board, setting forth that the six Persons named in the Order above mentioned have neglected to view and lay out the Road therein directed, and therefore praying that six other Persons may be appointed to view and lay out the aforesaid Road, (from the North side of the blue Mountain in the said County of Northampton) ; It is therefore Ordered, that Simon Heller, Casper Dull, Jonas Hartzell, Adam Hubler, Abraham Laban and Adam Joke, do view and lay out a Public Road, or King's High Way, from the North side of the Blue mountain, at a place called the Wind Gap, in the most direct and convenient Courses to Wyoming, so that the Communication between the said Places may be rendered as safe, easy and convenient for Carriages to pass, as the Nature of the Country will admit, and to make a Re- turn of the Courses and Distances, with a Draught of the said Road, into the Provincial Secretarie's Office, in Order to be confirmed, if the same shall be approved.
The Governor laid before the Board a Letter he received yester- day by the Packet, from the Right Honorable the Earl of Dart- mouth, one of His Majesty's Principal Secretaries of State, which was read, and follows in these words, Vizt .:
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MINUTES OF THE
(No. 5.)
WHITEHALL, 26th August, 1774.
" Sir :
" It having been represented to the King that the Government · of Pennsylvania has taken a Resolution to extend its Jurisdiction up to the Line settled by Commissioners between that Province and Maryland, altho' the Guardians of the Heir of Lord Baltimore have declared their incapacity, in point of Law, to concur in a ratifica- tion of that line, and consequent by their inability to take the like Step on their Part; and it being apprehended that such a partial extension of Jurisdiction may have the Effect to disturb the Peace of the King's Subjects settled on the Frontiers of both Provinces, and may occasion Violence and Bloodshed, I am commanded by the King to signify to you His Majesty's Pleasure, that you do desist from issuing any Orders for extending the Jurisdiction of Pennsyl- vania beyond those Places where it has been hitherto usually exer- cised, until the present Difficulty on the part of Maryland shall be removed, or until His Majesty's further Pleasure be known.
" I am Sir, "Your most Obedient humble Servant,
"Deputy Governor PENN."
"DARTMOUTH.
Which Letter being duly considered, The Governor, in Compliance with His Majesty's Pleasure therein signified, issued the following Proclamation, Viz* :
" By the Honorable JOHN PENN, Esquire, Governor and Com- mander-in-Chief of the Province of Pennsylvania, and Coun- ties of New Castle, Kent, and Sussex, on Delaware.
" A PROCLAMATION.
" WHEREAS, I have just received a Letter from the Right Honor- able the Earl of Dartmouth, one of His Majesty's principal Secreta- ries of State, informing me 'that it had been represented to His Majesty that the Government of Pennsylvania had taken a Reso- lution to extend its Jurisdiction up to the Line settled by Commis- sioners between that Province and Maryland, although the Guar- dians of the Heir of Lord Baltimore had declared their Incapacity in point of Law to concur in a Ratification of that Line, and con- sequently their Inability to take the like Step on their Part ; And it being apprehended that such a partial Extension of Jurisdiction might have the Effect to disturb the Peace of the King's Subjects settled on the Frontiers of both Provinces, and might occasion Violence and Bloodshed, he was commanded by the King to signify to me His Majesty's Pleasure, that I should desist from issuing any
221
PROVINCIAL COUNCIL.
Orders for extending the Jurisdiction of Pennsylvania beyond those Places where it had been usually exercised, until the present Diffi- culty on the part of Maryland shall be removed, or until His Ma- jesty's further Pleasure should be known;' I have, therefore, in Compliance with His Majesty's Commands, thought proper to issue this, my Proclamation, hereby strictly commanding and enjoining all Magistrates, Sheriffs, and other Officers of Justice, to desist from exercising the Jurisdiction of the Government of Pennsyl- vania, or the Counties of New Castle, Kent, and Sussex, on Dela- ware, beyond those Places where the same hath been usually exer- cised until the present Difficulty, on the Part of Maryland, shall be removed, or until His Majesty's Pleasure shall be known in the Premises, any thing in any former Proclamation contained, to the Contrary notwithstanding.
" Given under my Hand and the Great Seal of the said Province of Pennsylvania, at Philadelphia, the second day of November, in the Year of our Lord one thousand seven hundred and seventy- four, and in the fifteenth year of His Majesty's Reign. "JOHN PENN.
"By his Honour's Command. " JOSEPH SHIPPEN, Jun"., Secretary. "GOD SAVE THE KING."
November the 3d, 1774.
The Governor this day sent by the Packet a Letter to the Earl of Dartmouth, one of His Majesty's Principal Secretaries of State, in Answer to His Lordship's Letter of the 26th of August last :
(No. 5.)
" PHILADELPHIA, 3d November, 1774. "My Lord :
" I have just had the Honor of your Lordship's Letter Nº. 5, of the 26th of August last, signifying His Majesty's Commands, ' that I should desist from issuing any Orders for extending the Jurisdic- tion of Pennsylvania up to the Line settled by Commissioners be- tween that Province and Maryland, until the present Difficulty ari- sing from the Minority of the Heir of the late Lord Baltimore shall be removed, or until His Majesty's further Pleasure be known.' I am to inform your Lordship that before the Receipt of your Letter, I had issued the inclosed Proclamation for exercising the Jurisdic- tion of this Province up to the Boundary Line run and marked out by Commissioners under the Authority of the Proprietaries of Penn- sylvania and Maryland, in consequence of Articles of Agreement
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MINUTES OF THE
executed by them for that Purpose, and the Decrees of the Lord Chancellor for the specific execution of those Articles. As the Com- missioners had compleatly finished the running and marking the Lines in the Life Time of the late Lord Baltimore, and the Articles of Agreement between the Proprietaries for settling the Boundary, as well as the Proceedings of the Commissioners had, on the joint Petition of the respective Proprietaries, been ratified by His Ma- jesty in Council, I conceived that a final End and Period had thereby been put to a Controversy which had been agitated for ninety Years, at an immense Expence to the Parties, to the great det- riment of the Settlement of this Infant Country, and that nothing was wanting to validate or enforce a Transaction so solemnly estab- lished. But I was not induced, my Lord, to take this Step solely on Motives founded on the Interest of my Family. The People living between the antient temporary Line of Jurisdiction, and that lately settled and marked by the Commissioners, were in a Lawless State. Murders, and the most outrageous Transgressions of Law and Order were committed with Impunity in those Places. In vain did Persons injured, apply to the Government of Maryland for Pro- tection and Redress. In this Situation they have of late repeatedly Petitioned to be taken under the Protection of this Province, into which they fell by the Lines run under the Articles and Decrees. Apprehensive lest some Disturbances might possibly arise by my issuing an ex-parte Proclamation for extending the Jurisdiction, I applied to the Government of Maryland to join with me therein, and I deferred the Measure 'till I found there was no Hopes of a Compliance with my Request; and so far, my Lord, has this par- tial extension of the Jurisdiction been from having the apprehended Effect of disturbing the Peace of the King's Subjects on the Fron- tiers, and occasioning Violence and Bloodshed, that it has had quite contrary tendency, and, as I have been well informed, has quieted the Disturbances there, and given universal Satisfaction to the People. His Majesty's Commands, however, it is my Inclination as well as Duty, on this, and every other Occasion, strictly, and without hesi- tation to obey. I have therefore issued a Proclamation, a Copy of which I inclose your Lordship, to counteract that lately published, and shall take no further Steps in the Affair, unless His Majesty on this State of Facts, and re-considering the Matter, shall be gra- ciously pleased to permit me.
" I have the Honor to be, with great Respect, " Your Lordship's most Obedient " humble Servant, "JOHN PENN.
" To The R". Honble. the Earl of Dartmouth, one of his Majesty's Principal Secretaries of State, Whitehall."
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PROVINCIAL COUNCIL.
MEMORANDUM, December 8th, 1774.
A Committee of Assembly waited on the Governor, and ac- quainted him that the House had met pursuant to adjournment, and were ready to receive any Business he might have to lay before them. To which His Honour replied, that he had nothing at present to recommend to their Consideration, but if any thing oc- curred during their sitting, he would communicate the same to the House by a message.
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Wednesday, 14th December, 1774.
A Committee of Assembly waited on the Governor, and pre- sented him for his Concurrence a Bill entituled "A Supplement to the Act entituled 'An Act for emitting the Sum of one hundred and fifty thousand Pounds in Bills of Credit on Loan, and pro- viding a Fund for the payment of the Public Debts.' "
Which being immediately considered and approved, was returned to the Assembly with the Governor's Assent.
A Committee of the House thereupon waited on the Governor, and requested to know when he would be pleased to pass the above- mentioned Bill into a Law; And the Governor acquainted them that he would immediately go to the Council Chamber for that Purpose.
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Eodem Die, 5 o'Clock, P. M.
The Governor being in the Council Chamber, sent a Message to the Assembly by the Secretary, to acquaint him that he required their Attendance there, in order to enact into a Law the Bill to which he had given his Assent. The whole House immediately attended, and the Speaker presented to the Governor the following Bill, which His Honour enacted into a Law, and signed a Warrant for affixing the Great Seal thereto. The Law was afterwards Sealed and deposited in the Rolls Office, and is entituled as follows, Viz+ :
"A Supplement to the Act entituled 'An Act for emitting the Sum of one hundred and fifty thousand Pounds in Bills of Credit, on Loan, and providing a Fund for the Payment of Public Debts.' ""
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MINUTES OF THE
At a Council held at Philadelphia, on Tuesday 20th December, 1774.
PRESENT :
The Honorable JOHN PENN, Esquire, Governor.
William Logan, James Tilghman,
Richard Peters,
Edward Shippen, Jr., S
Esquires.
The Governor laid before the Board two Bills, sent up by the Assembly for his Concurrence, entituled,
"A Supplement to the Act entituled 'An Act for erecting the North West part of Bucks into a Separate County.'"
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