USA > Pennsylvania > Colonial records of Pennsylvania, Vol. X > Part 23
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69
"An Act to suppress the disorderly Practice of Firing Guns, &ca., at the Times therein mentioned," which were read and considered, and being approved, were ordered to be returned to the Assembly, with a Verbal Message that the Governor gives his Assent to them. At the same Time the Secretary was directed to deliver a written Message from the Governor, which follows in these Words, Vizt:
A Message from the Governor to the Assembly.
"Gentlemen :
"I am informed by the Barrack Master that the Apartments of the Barracks in the Northern Liberties, and the necessary Furni- ture and Utensils are extreamely out of Order, and in great need of Repair. I must therefore recommend the matter as worthy of your Consideration.
" December 20th, 1774."
" JOHN PENN.
At a Council held at Philadelphia, on Friday 23d December, 1774.
PRESENT :
The Honorable JOHN PENN, Esquire, Governor.
William Logan, Andrew Allen, r Esquires. James Tilghman, Edward Shippen, junT., S
The Governor laid before the Board two Bills sent up by the Assembly for his Concurrence, entituled
"An Act for opening and better amending and keeping in Repair the Public Roads and Highways within this Province ;"
"An Act to prevent Frauds in the packing and preserving of Shad and Herring for Exportation."
Which Bills being read and duly considered, were ordered to be returned to the Assembly by the Secretary, with a verbal Message that the Governor could not agree to pass the first mentioned Bill
225
PROVINCIAL COUNCIL.
into a Law, and with the following Amendments made to the second, Viz *:
Page 14, Penult Line. dele the Words [the Assembly appoints another ], and insert the Words [another shall be appointed by Act of General Assembly].
Page 16, Line 9. After the Word [Act] add the Words [and shall take the like Oath or Affirmation as their principal is hereby directed to take previous to their entering on the Execution of their said Offices].
A Committee of Assembly waited on the Governor and presented him the following Message, Viz":
A Message to the Governor from the Assembly.
"May it please your honour :
" The House have considered your Message of the 20th Instant, and beg leave to inform your Honor that they do not think it ex- pedient at this time to repair the Barracks in the Northern Liber- ties, or to provide Furniture or Utensils for the same.
"Signed by Order of the House,
" E. BIDDLE, Speaker.
" December 23d, 1774.".
m
At a Council held at Philadelphia, on Saturday 24th December, 1774.
PRESENT :
The Honourable JOHN PENN, Esquire, Governor.
Richard Peters, Andrew Allen,
Benjamin Chew, Edward Shippen, Jun"., &Esquires. James Tilghman,
The Governor laid before the Board two Bills sent up by the Assembly for his Concurrence, entituled
"An Act for the relief of John Burrows and William Walters, languishing Prisoners in the Gaols of Philadelphia and Bucks counties, with respect to the Imprisonment of their Persons;" And
"An Act for the relief of Henry William Stiegal, a languishing Prisoner in the Gaol of Philadelphia County, with respect to the Imprisonment of his Person."
Which were read and considered, and one and the same Amend- ment being made to both of them, they were immediately returned to the House with the Amendment, which is as follows, Viz':
VOL. X .- 15.
226
MINUTES OF THE
In the first Bill, Page 13, Penult Line after the Word [sufficient ], and in the second Bill, Page 12, Line 6, after the word [assigned] insert the Words [nor for any Debt due to any distant or absent Creditor, to whom Notice shall not have been given pursuant to the Direction of this Act].
The Governor also laid before the Board the Bill for preventing Frauds and Abuses in the packing and preserving of Shad and Her- ring for Exportation, with the following Answer from the Assembly to the Governor's Amendments, Viz-t:
1st Amendment .- The House dissent to the said amendment, and propose in lieu thereof, as follows : Page 14, penult Line, dele the Words [The Assembly appoints another, ] and insert the Words [The end of the next sitting of Assembly, and no longer. ]
2d Amendment. - The House agreed to.
Which being considered, and the proposal of the House agreed to, the Secretary was directed to return the Bill to the House with a Verbal Message that the Governor agrees to pass the same into a Law, with the alteration proposed by the House in lieu of the Gov- ernor's first Amendment.
A Committee of Assembly, immediately after the return of the Bill, waited on the Governor with a Message, requesting His Honor would appoint a Time for passing the Bills which had been agreed to, and acquainted him that the House proposed to adjourn to the 20th of February next ; to which His Honor replied that he would be ready in the Council Chamber at 2 o'Clock to pass the Bills, and had no objection to their proposed Time of Adjournment.
-
Eodem die, Council Chamber, 2 o'clock, P. M.
The Governor having sent a Message to the Assembly by the Secretary, requiring their attendance, the whole House attended ac- cordingly, and the Speaker presented to the Governor the five fol- lowing Bills, which His Honor enacted into Laws, and signed a Warrant for affixing the Great Seal to them. The Laws were af- terwards sealed and deposited in the Rolls Office, and are entituled as follow, Viz* :
" An Act for erecting the North West part of Bucks into a Sepa- rate County."
" An Act to suppress the disorderly practice of Firing Guns, &ca., on the Times therein mentioned."
" A Supplement to the Act entitaled ' 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."
227
PROVINCIAL COUNCIL.
" An Act to prevent Frauds in the packing and preserving of Shad and Herring for Exportation."
" An Act for the relief of John Burrows, a languishing Prisoner in the Gaol of Philadelphia County; and William. Waters, a lan- guishing Prisoner in the Gaol of Bucks County, with respect to the imprisonment of their Persons."
" An Act for the relief of Henry William Stiegel, a languishing Prisoner in the Gaol of Lancaster County, with respect to the im- prisonment of his Person."
Before the House withdrew, the Speaker, on behalf of the House, presented the Governor an Order on the Provincial Treasurer for the Sum of £ towards his Support, for which His Honor re- turned the House his Thanks.
-
At a Council held at Philadelphia, on Wednesday 25th January, 1775.
PRESENT :
The Honourable JOHN PENN, Esquire, Governor.
William Logan, Andrew Allen,
Benjamin Chew, Edward Shippen, jun", Esquires.
James Tilghman,
The Governor laid before the Board two Papers, delivered to him by Captain St. Clair, which were read, and are as follow, Viz .:
" Westmoreland, ss:
"Before us, Robert Hanna and Arthur St. Clair, Esquires, two of His Majesty's Justices for Westmoreland County, personally appeared Samuel Whiteside, keeper of the Gaol of the said County, and being duly sworn according to Law, deposeth and saith : that on this Instant, twenty-fourth of December, a number of armed Men came to the Gaol of the said County, and ordered him to open the Prison Doors, and turn out a certain William Thomas, then in his Custody on sundry Executions; that he believes a cer- tain William Christy and Simon Girty, who seemed to be Officers from their Dress, were at the Head of their Party ; That he, this Deponent, refused to deliver his Prisoner, or open the Door where he was confined; that they then talked of throwing down the House, when a certain Major Conolly came up, enquired who resisted the releasement of the Prisoners, threatened to tie and carry off him ; this Deponent ordered the Party to fire their Pieces against the House, and strip off the Roof, on which he, (this Deponent,) being afraid of ill Consequences, both to his Person and Property, did open the Door to allow the Prisoner to speak to the Party, and one of them rushed in, seized him, and dragged him out, and also turned out a certain William Dawson, who was likewise in his
228
MINUTES OF THE
Custody on Execution, and that it was Conolly himself who laid' Hands on Thomas and dragged him out ; and further saith not. "SAMUEL WHITESITT.
" Sworn and Subscribed, December 24th, 1774, before us. "ROBERT HANNA, " AR. ST. CLAIR."
" WHEREAS, I am well informed that certain Persons, by written Instructions, directed to different People through this Country, under the denomination of Collectors, are apparently authorized to break open Doors, Cupboards, &cª, and to commit sundry other acts of Violence in order to extort Money from the Inhabitants, under the Appellation of Taxes ; These are, therefore, to acquaint all His Majesty's Subjects, that as there can be no Authority legally in- vested in any Persons for such Acts at this Juncture, that such Attempts to abuse public Liberty are unwarrantable, and that all Persons have an undoubted natural, as well as lawful Right, to repel such Violence ; and all His Majesty's Subjects are hereby required to apprehend any Person, whatever, who may attempt a seizure of their Effects in Consequence of such imaginary Authority, to be dealt with as the Law directs.
" Given under my Hand, at Fort Dunmore, this 30th Day of December, 1774.
"JOHN CONNOLLY."
Captain St. Clair appearing at the Board and representing that William Crawford, Esquire, President of the Court in Westmore- land County, hath lately joined with the Government of Virginia, in opposing the Jurisdiction of Pennsylvania in that County, the Board advised the Governor to supercede him in bis Offices as Jus- tice of the Peace and common Pleas. A Supersedeas was accord- ingly ordered to be issued.
The Chief Justice having recommended to the Governor, as an Object of Mercy, a certain William Thomas, who was convicted of Burglarly, at a Court of Oyer and Terminer, held the 19th of No- vember last, at Reading, for the County of Berks, the Board advised the Governor to grant him a Pardon, which the Secretary was ac- cordingly directed to make out.
All Endeavors hitherto used for the apprehending the Person who shot and murdered Edward Carey, late of the Northern Liber- ties, on the 25th of December last, on the Germantown Road, hav- ing proved ineffectual, it was the unanimous Opinion of the Board that it would be advisable for the Governor to issue a Proclamation offering a public Reward of one hundred Pounds for apprehending him. The Governor thereupon directed the Secretary to prepare a Draught of a Proclamation for that purpose, in order to be published in the next papers.
229
PROVINCIAL COUNCIL.
January 27th, 1775.
A Proclamation being prepared by the Secretary, agreeable to am Order of Council of the 25th Instant, and now approved, was this day issued by the Governor, and ordered to be published in the several News Papers, and the same is as follows, Vizt:
" By the Honorable JOHN PENN, Esquire, Governor and Com- mander-in-Chief of the Province of Pennsylvania, and Counties of New Castle, Kent, and Sussex, on Delaware.
" A PROCLAMATION.
" WHEREAS, it appears by an Inquest lately taken before the Coroner for the City and County of Philadelphia, that on the twenty-fifth day of December last, about eight o'clock in the Eve- ning, a certain Edward Carey, late of the Northern Liberties, was inhumanly shot, and murdered in his Waggon on the Germantown Road, within three Miles of this City, by some Person unknown : And Whereas, all Endeavours hitherto used for the discovering the Murderer have proved ineffectual, and it is of the utmost impor- tance to the safety and well being of His Majesty's Liege Subjects, that the Authors of such atrocious Crimes should be detected and. brought to condign and exemplary punishment, I have, therefore, thought fit, with the Advice of the Council, to issue this Procla- mation, hereby strictly enjoining and requiring all Judges, Justices, Sheriffs, Constables, and other Officers, as well as all other His Majesty's liege Subjects within this Province, to make diligent search and enquiry after the Author and Perpetrater of the said Mur- der. And as an Encourgement for the discovering and bringing the Offender to Justice, I do hereby promise and engage that the public Reward of one hundred Pounds shall be paid to any Person or Persons who shall discover, apprehend, and secure him, so that he be prosecuted to Conviction, according to Law.
" Given under my hand and the Great Seal of the said Province at Philadelphia, the twenty seventh day of January, in the fif- teenth Year of His Majesty's Reign, and in the Year of our Lord one thousand seven hundred and seventy-five.
" JOHN PENN. -
By His Honour's Command.
" JOSEPH SHIPPEN, J'- Secretary. " GOD SAVE THE KING."
1
1
1
230
MINUTES OF THE
At a Council held at Philadelphia, on Thursday 16th January, 1775.
PRESENT :
The Honourable JOHN PENN, Esquire, Governor, &cª.
William Logan, James Tilghman, n
Benjamin Chew, Edward Shippen, jun"-,
Esquires.
The Governor acquainted the Board that - Waterhouse, Esquire, Inspector of His Majesty's Customs, had represented to him that one of the Magistrates and the Sheriff of the County of Chester, had refused their Aid and Assistance to the Custom House Officers of this Port, in preventing the rescue of a Seizure lately made by them in the River Delaware, of the Schooner Isabella, John Ritchey, Master, with contraband Goods from Dunkirk, and had requested His Honor would call those civil Officers to an Ac- count for neglect of Duty, and likewise issue a Proclamation on the Occasion ; and as a Foundation for such Complaint Mr. Waterhouse had put into His Honor's Hands the Copy of a letter from Francis Welch, a Tide Surveyor for this Port, to the Custom House Officers, which was laid before the Board, and follows in these words, Vizt &
" PHILADELPHIA, February 8th, 1775.
" Gentlemen :
"According to your Orders on Wednesday the Ist Instant, I proceeded down the River in the small Boat, with four Boat men and one Tidesman; coming up with Gloucester Point, I went on board the Schooner Isabella, where I found one John Ritchey, who called himself the Mate of the Vessel, with five more Persons. I desired to know where he came from. He told me he came from Portsmouth, New England, and that he had nothing in but Ballast. I desired that I might search his Vessel ; his Answer was, I should not, as the Captain was not on board. I then ordered the People to open the Hatches and search the Vessel; upon that he directly took out a Pistol, and swore the first Man that offered to open the Hatches he would blow him to Hell. About five o'clock the same Day one Matthew Strong, whom I found was a Pilot, desired that I would let our Boat put him on Shore. My Answer was, I would not let the Boat go from alongside. They then hoisted out their own Boat, and put him on Shore, which was about three miles from Town. I then went down into the Cabbin with said Ritchey. He told me that the Vessel and Cargoe belonged to Captain David Campbell; That he was sole Owner, and what was on board was all he was worth in the world. I then desired him to tell me where they were from. He told me from Dunkirk, in France, and was loaded with dry Goods. I then searched under the Cabbins, where I found a parcel of Keggs, which he told me was Geneva, which I found afterwards was true, and likewise about thirty Pounds of
231
PROVINCIAL COUNCIL.
Tea, done up in Bundles. I then asked him if there was any thing else in the Cabbin. He then shewed me one Trunk of Goods that belonged to the Captain, and another that belonged to a Pas- senger. I then sent Mr. Powell to you. About eight or nine o'Clock in the Evening Captain Campbell, with the Pilot, and two Gentlemen from Town, came on board, and ordered the Anchor up immediately, and said he was bound to St. Eustatia. Soon after the Gentlemen went away. About an hour after there came another Boat, with three more Gentlemen, unknown to me, desiring that I would not pursue the Vessel, for it would ruin the Captain. They then presented me 25 Guineas, and said they would give me more on Shore. I told them that I would not accept of any Money, but that I would do my Duty as an Officer as long as it was in my Power. They then went away, the Vessel being under Sail, going down the River. About two o'Clock in the Morning, on the second Instant, I seized the Vessel in the King's Name. I then told the Pilot to take Charge of Her in the King's Name, and if he carried her away he must stand by the Consequences, for she was the King's Vessel. I then ordered one of our People to take the Helm, and demanded of the Pilot to take her up to Town. Upon that Captain Campbell said the King never paid for her. He then put a Pistol to the Pilot's Head, and swore by the Eternal God if he did not carry her down, and not run her ashore, he would put him to Death. The next Tide of Ebb we got down to Chester, and came to Anchor. I then went ashore, and Captain Campbell with me, to get something to eat, for he had nothing on board but Bread. I then enquired if there was any Justice in that Place. I was informed there was. I waited on Messrs. Francis Richardson and Henry Graham, the only two in the Place, and demanded their Assistance in behalf of the King. Mr. Richardson was sick, and Mr. Graham said he had no Business to go on Board any Vessel. I then waited on Mr. Vernon, a Sheriff, who told me he would go and get more help, and assist me. He went away, and I never saw him any more. I went on board again without any Assistance. They then weighed Anchor, and went down "till they came to New Castle, and then came to Anchor again, as the Tide would not serve them any farther, which was about seven o'Clock in the Evening.' I went on Shore with two of my People, and left two on board, and waited on Mr. Montgomery, the Collector, and Mr. Maurice, Comp- troller, and acquainted them that I was Tide Surveyor of the Port of Philadelphia, and that I had seized a Vessel from France, and they had taken her away from me, and was going to carry her off, and I desired them to give me some Assistance. They answered they could not, for the Commissioners would not allow them any Men. I told them I wanted only their presence, and I would save the Ves- sel. The Collector said he would go if the Comptroller would. The Comptroller asked whether I wanted him to go? I told him I did. He then said he would not go. I then demanded of him in
232
MINUTES OF THE
the King's Name, and as an Officer of the Customs, to assist me in holding this Vessel. He went into his House and left me. Mr. Mont- gomery, the Collector, then said he could not go himself, but would get me a pair of Pistols, which he did. I went on board again. As soon as they found I could not get help, they said it was all their own. They then weighed Anchor, and carried us about five Miles from the Cape, when Captain Ritchie ordered us into the Boat, and that without Delay, or he would put us to Death ; so, was obliged to get into the Boat, and they cast off, which was about one or two o'Clock in the Morning, although I begged them for God's sake, to let us stay 'till Daylight. After about three Hours' rowing, we got on Shore, and was taken up the next Day about three o'Clock in the Afternoon by Captain Allen, and brought up to town.
" I am, Gentlemen, " Your most Obedient humble Servant, "FRANCIS WELSH. "[Copy of the Register] :
" Schooner Isabella, John Ritchey Master, 30 Tons, built at Boston, 1773, David Campbell sole owner, Dated London, October, 1774."
The Governor having thereupon desired the Opinion and advice of the Board, the Council, on due Consideration of the Matter, gave it as their Opinion that the River Delaware not being included within the Body of any County of this Province, The Jurisdiction of the County of Chester does not extend into the River Delaware, and consequently that the Magistrates and Sheriff of that County could not legally afford them any such Assistance as was required of them, and that therefore it would be improper to call those Ma- gistrates and Sheriff to Account for any Misbehaviour ; and further, that as the Vessel and her Crew were gone to Sea, the issuing of any Proclamation upon this Occasion would be useless and improper.
-
At a Council held at Philadelphia, on Monday 20th February, 1775.
PRESENT :
The Honorable JOHN PENN, Esquire, Governor.
James Hamilton, James Hamilton,
William Logan, Andrew Allen,
Benjamin Chew,
Esquires. Richard Peters,
Edward Shippen, Jun".
The Governor having requested the Opinion of the Council whether it would not be advisable for him to recommend it to the Assembly, in the present critical Situation of American Affairs, humbly to apply to the King by way of Petition, for redress of any
233
PROVINCIAL COUNCIL.
Grievances which they conceived their Constituents were subject to by any of the late Acts of Parliament, and the Board having duly considered the Matter, and being of Opinion that such a Measure would be very proper to be taken by the Government, a Committee was appointed to prepare a Draft of a Message for that Purpose, to be laid before the Board for their Consideration, atten o'Clock to- Morrow Morning.
At a Council held at Philadelphia, on Tuesday 21st February, 1775.
PRESENT :
The Honorable JOHN PENN, Esquire, Governor.
James Hamilton, James Tilghman, - Esquires.
William Logan, Andrew Allen,
Benjamin Chew, Edward Shippen, jun".,
The Governor acquainted the Board that a Committee of the As- sembly had waited on him last Night, to inform him that the House had met pursuant to adjournment, and desired to know if he had any Business to lay before them, to which he had answered that he had nothing in readiness to lay before them, but that as soon as he had any Matter to propose for their Consideration, he should send them a Message.
A Draft of a Message to the Assembly, prepared by a Committee of Council, was then laid before the Board, and being considered, amended and approved, was fairly transcribed at the Table, and sent to the Assembly by the Secretary. The Message follows in these words, Vizt :
A Message from the Governor to the Assembly.
" Gentlemen :
" At a Time when the Disputes between Great Britain and her Colonies are drawing towards an alarming Crisis, I cannot consis- tent my Duty to His Majesty, or a proper attention to the true Interests of the People over whom I preside, avoid recommend- ing to you any Measure which occurs to me as proper for the Rep- resentatives of the Province to pursue, or which in my Opinion, may have a Tendency to compose those unhappy Differences.
" You will agree with me, Gentlemen, that in all Cases, Wisdom dictates the use of such Means as are most likely to attain the end proposed ; On the present Occasion it is conceived that any Griev- ances which his Majesty's Subjects in America apprehend they have reason to complain of, should be humbly represented to His Majes- ty by the several Assemblies, as the only proper and constitutional mode of obtaining Redress, and I have the best Reason to believe
234
MINUTES OF THE
that a proper attention will be paid to such Representations, and to any Propositions that may be made through that Channel, on the. present State of American Affairs.
:
"This Mode therefore, I earnestly recommend to you to adopt, and I most ardently wish that the proceedings of this, as well as the other Colonies, may be of such a temperate and dutiful Nature as to afford a Foundation for a Re establishment of that Harmony with the Mother Country which is so essential to the Happiness of both.
"JOHN PENN. " February 21st, 1775."
At a Council held at Philadelphia, on Saturday 25th February, 1775.
PRESENT :
The Honorable JOHN PENN, Esquire, Governor.
Benjamin Chew, James Tilghman,
Edward Shippen, jun".,
Esquires.
The Governor laid before the Board several Letters he had this Day received by Expresses from the Magistrates of Westmoreland County, complaining of further Violences in breaking open the Gaol of that County and discharging the Prisoners, and other out- rages lately committed by the Militia and People of Virginia, and inclosing sundry Depositions to support these Complaints, which were severally read, and one of those Letters and Depositions fol- lows in these words, the others being much of the same Purpose, Viz *:
" May it Please your Honor :
" Sir :
"Our Difficulties on account of the Conolly Party is now grown to an Extream ; all we can do or say in favour of our Priviledges, from Pennsylvania, will not do; the Depositions sent down or trans- mitted to you will, we hope, give you a sense of their very irregu- lar Proceedings. Ws are sorry to have occasion to repeat our Com- plaints so often, but William Crawford Esquire, and Dorsey Pen- tecost, hath each opened a Land Office, and assumed the Title of Deputy Surveyors to execute their Entries. Several surveys they have already made. The People in general hath already given up, and what can we do to support Government, there now being Writs granted for almost every acting Officer in this County, and we are every Day expecting Confinement. In short, any Person applying for Justice to us, may be assured to be arrested by them. James Smith, Capt" was taken and bound over to the Virginia Court, for only applying to the Laws of Pennsylvania for to have a Bandite
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.