USA > Pennsylvania > Colonial records of Pennsylvania, Vol. X > Part 24
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of Villians punished for pulling down his House. Our Gaol is of no use, the worst Raskel is set at Liberty; so we rest with patience waiting for the opinion of your Honour, with such Instructions as you may think adequate to our present Difficulties. This from ST. "your Honors most Obedient, " and most humble Servants, "ROBT. HANNA, "W. LOCHRY, "JOHN CARNAHAN,
"DEVEREUX SMITH.
" Hanna's Town in Westmoreland County, the 13th Feb". 1775."
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Here follows the Sheriff's Deposition, Vizt:
" Westmoreland County, ss.
" Personally appeared before me the Subscriber, one of His Ma- jesty's of the Peace for the County aforesaid, John Carnahan, Es- quire, high Sheriff for the County aforesaid, being duly sworn upon the Holy Evangelists of Almighty God, doth depose and say, that yesterday Morning, he hearing that there were a number of armed Men breaking the Gaol, he went to see whether it was so, and coming up to the Gaol he saw a number of armed Men, (by name as the Party themselves gave them in,) Benjamin Harrison, David Vance, Samuel Newel, Robert Newel, James Peopel, Thomas Bays, Joseph Marshall, Charles Clark, Isaac Justice, David McKaw, John McKaw, William Bays, Charles Kyle, Hugh Newel, (Samuel Warden, Samuel Wilson, John Neil, the three Prisoners,) George Watt, who having broke two of the Gaol Doors, (both being locked,) upon which he the said Carnahan demanded to know by what Au- thority they broke those Doors; they made answers and told him that they had their Authority ; upon which he demanded to see it, when one Benjaman Harrison, who appeared to be their Commander, told him they had their orders from Major William Crawford, and that he could show them if he pleased; upon which he told him, (the said Harrison,) that a civil Question deserved a civil Answer ; upon which he, the said Harrison, showed him the said Carnachan, a Paper, and read to this Effect, or near to this substance, for them the Party aforesaid, to press Horses, and what was necessary, and to go to Hanna's Town and to open the Gaol and let the Prisoners go out, and signed by William Crawford; And the said John Carnahan further saith, that the Party aforesaid shewed a Warrant signed by one Dorsey Penticost, as they told him, who acts as a Magistrate under the Colony of Virginia, to take one Captain James Smith, and one Edward Murray, for executing Warrants and takeing one of the People which the Party aforesaid took out of Gaol, (for commit- ting a Riot, and throwing down a Man's House, and almost killing
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a Woman), and acting as Constables under the Province of Penn- sylvania, and upon which warrant, signed by Dorsey Pentecost, (as they said,) they took the aforesaid James Smith and Edward Mur- ray along with them to answer for the Crime aforesaid, (as they called it,) And the said John Carnachan further saith, that one of the aforesaid Party (David Vance by name) told him that he would be taken soon, and that he, the said Vance, had positive Orders that if any Pennsylvania Officer would offer to take him or any of them, with Precepts under the Government of Pennsylvania, to shoot them, and that he would do it, And further this Deponent saith not.
"JOHN CARNAHAN.
"Sworn and Subscribed before me this 8th day of February, 1775.
"ROBERT HANNA."
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Ist March, 1775.
The Governor this Day wrote a Letter to His Excellency the Earl of Dunmore, Governor of Virginia, inclosing Copies of several Depositions which he lately received, relative to the Disturbances in Westmoreland County, and dispatched the same by Express, which Letter follows in these words, Vizt:
" PHILADELPHIA, 1st March, 1775.
" My Lord :
" When you reflect how many of my Letters to your Lordship, on public affairs, remain unanswered, you must be sensible it can- not be very agreeable to me to write to You on the present Occa- sion, yet I find myself under the necessity of troubling you once more on the Subject of the Disturbances in the Western Parts of this Province.
"The inclosed Copies of several Depositions will inform your Lordship what recent Outrages have been committed in the County of Westmoreland, under the sanction of your Government, as those who have been active in them publickly declare; and my Intelli- gence informs me that your Lordship has set up an Office for grant- ing Lands far within the Limits of this Province, and that Lands already patented by me have been granted by your Lordship, which cannot fail to produce the utmost Confusion.
"The Justice due to myself and the other Proprietor, and the Protection I owe to the People who have taken up Lands under this Province, and settled them long before your Lordship thought fit to disturb its Peace by extending the Government of Virginia within our Charter Bounds, oblige me to apply to your Lordship to know if these violent proceedings are the effect of your Orders, or
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have your Countenance, that in Case they have, I may take the proper Measures for Redress, or, if they have not, that they may receive your Discouragement. Your Lordship well knows that a Petition is depending before the Crown for settling the Bounds and running the Lines of this Province, which, when done, will put an End to the unhappy Disputes between the two Governments. You must remember that you have engaged to forward that good Work rather than throw Impediments in its way ; and I would fain hope that your Lordship, in the mean Time, will use your Power and In- fluence in composing, rather than inflaming the Differences amongst His Majesty's Subjects of the two Colonies, occasioned by our clashing Jurisdictions, especially when you consider that the Coun- try which is the Seat of the present Disturbances was first settled under this Province, and that our Jurisdiction was extended there, in the Time your Predecessor, Lord Botetourt, and recognized by his Lordship in his sending hither for tryal a Person who had com- mitted a Murder at Stewart's crossings, which is Westward of the Laurel Hill.
" I shall forbear to take any steps in this disagreeable Affair 'till I have the Honor of an Answer to this Letter, which I hope your Lordship will favor me with by the return of the Express.
" I have the Honor to be your Lordship's
"most Obedient humble Servant,
"JOHN PENN.
" To The Right Honorable the Earl of Dunmore, Governor & Commander-in-Chief of His Majesty's Province of Virginia, Wil- liamsburg."
At a Council held at Philadelphia, on Monday 6th March, 1775.
PRESENT :
The Honorable JOHN PENN, Esquire, Governor, William Logan, Andrew Allen,
Benjamin Chew, Edward Shippen, Jun"., Esquires. James Tilghman,
The Governor laid before the Board two Bills sent up by the House of Assembly for his Concurrence, entituled as follow, Vizt :
" An Act for confirming the Estate of John Steel of Carlisle, in the County of Cumberland, in and to a certain Plantation and Tract of Land in the Township of Middleton, &ca.
" A Supplement to the Act entituled 'An Act for erecting a new Gaol, Work house and House of Correction, in the City of Philadelphia." Which Bills were read and considered, and order- ed to be returned by the Secretary to the Assembly, with a Verbal
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Message That the Governor cannot agree to pass the first men- tioned Bill into a Law, and gives his Assent to the other.
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MEMORANDUM, 7th March, 1775.
The Governor sent a written Message to the Assembly, which follows in these words, Viz" :
A Message from the Governor to the Assembly.
1
" Gentlemen :
" On Saturday last a Number of Indians of the Tuscarora, Nan- ticoke, and Conoy Tribes, who reside on the Heads of the Susque- hanna, came to Town with their Families, on a friendly visit to this Government. They have represented to me that they are very poor, and in great want of Cloathing, and other Necessaries, which they earnestly request to be supplied with; As I think Hu- manity, as well as good Policy, requires that we should comply with their Request, I must recommend it to you to make imme- diate Provision for furnishing them with a Present of such Goods as their Necessities demand, and defraying the Expences of their Journey.
"JOHN PENN.
"March 7th, 1775."
MEMORANDUM, 9th March, 1775.
The Governor received, by a Committee of Assembly, a written. Message, which follows in these words, Vizt :
A Message to the Governor from the Assembly.
" May it please your Honour :
"We are sincerely obliged to your Honor for your Attention to the true Interests of the People over whom you preside, at a Time when the Disputes between Great Britain and the American Colo- nies are drawing towards an Alarming Crisis; and we agree with you 'that in all Cases Wisdom dictates the use of such Means as are most likely to attain the Ends proposed.'
"We have, with deep concern, beheld a System of Colony Ad- ministration, pursued since the year 1763, as destructive to the Rights and Liberties of His Majesty's most faithful Subjects in America, and have heretofore adopted such Measures as we thought would be most likely to restore the Affection and Harmony between the Parent State and the Colonies, which it is the true
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Interest of both Countries to cultivate and maintain, and which we most sincerely wish to see restored.
"We must inform your Honor, that a most humble, dutiful, and affectionate Petition from the Delegates of all the Colonies, from Nova Scotia to Georgia, is now at the Foot of the Throne ; And we trust in the paternal Affection and Justice of our most gracious Sovereign, that he will interpose for the Relief of his greatly dis- tressed and ever faithful Subjects in America. And we assure your Honor that this House will always pursue such Measures as shall appear to them necessary for securing the Liberties of Amer- rica, and establishing Peace, Confidence, and Harmony, between Great Britain and her Colonies.
"Signed by order of the House.
"E. BIDDLE, Speaker. " March 9th, 1775."
At a Council held at Philadelphia, on Saturday 11th March, 1775.
PRESENT :
The Honorable JOHN PENN, Esquire, Governor. William Logan, James Tilghman, Esquires. Benjamin Chew, Edward Shippen, jun".,
The Governor laid before the Board seven Bills, which were pre- sented to him by the Assembly for his Concurrence, and are enti- tuled as follows, Vizt:
"An Act to enable the Trustees therein mentioned to sell and dispose of a certain Tract of Land, and to apply the Monies arising therefrom to the use of the low Dutch reformed Congregation, or a religious Society of Christians called Dutch Presbyterians."
"An Act for the relief of William Goddard and Septimus Leve- ring, languishing Prisoners in the Gaol of Philadelphia, with re- spect to the Imprisonment of their Persons."
"An Act to regulate the Assize of Bread, and for other Purposes therein mentioned."
"A Supplement to the Act entituled 'An Act appointing War- dens for the Port of Philadelphia, and for other Purposes therein mentioned.' "
"An Act to suppress the holding of Fairs within the City of Philadelphia."
"A Supplement to the Act entituled 'An Act for acknowledging and recording of Deeds.'"'
"An Act for confirming the Estate of Daniel Andrew, in and to certain Lands, in Amity Township, in the County of Berks."
Which were severally read, and the four first-mentioned Bills being duly considered, the Secretary was directed to return them to
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the Assembly with a few small amendments made to the third and fourth, and a Verbal Message, that the Governor gave his Assent to the first and second Bills. The three others were referred to further Consideration.
At a Council held at Philadelphia, on Monday 13th March, 1775.
PRESENT :
The Honorable JOHN PENN, Esquire, Governor.
Benjamin Chew,
Edward Shippen, Jun"., S Esquires.
The Governor laid before the Board a Letter he received last Night by the Packet, from the Right Honorable the Earl of Dart- mouth, one of His Majesty's principal Secretaries of State, dated the 7th of January, 1775, which was read, and follows in these Words, Viz* :
(No. 8.)
" WHITEHALL, 7th January, 1775.
"Sir :
"I am very much obliged to you for the early communication of the Proceedings of the General Congress.
"These proceedings are of a very extraordinary nature, and it is with Concern I see, by your Letter of the 6th of December, that the Resolution for Non-importation has been so generally adopted in the Colony under your Government, Such Measures and Pro- ceedings are but ill calculated to restore Peace and Union between Great Britain and the Colonies. But though they may, in the moment, provoke the Vengeance of Government, I will hope that we may yet, in the consideration of the Business, be led to some proposition that may ultimately bring about a happy accomodation upon some general constitutional Plan.
" Your Letter of the 3d of November, No. 5, states the Case respecting the Boundary Line between Pennsylvania and Maryland in a very different Light from that in which it was represented to me and the King ; confiding in your Assertion, that the extention of the Jurisdiction of Pennsylvania, up to the Line settled and marked by the Commissioners, had been so far from having the Effect to disturb the Peace of His Subjects, and occasioning Vio- lence and Bloodshed, that it had a quite contrary tendency, and given universal Satisfaction, is graciously pleased to approve the Arrangement made by your Proclamation of the 15th of Septem- ber, and to permit you to recall that issued on the 2d of November. " I am, Sir,
" Your Most Obedient humble Servant,
" DARTMOUTH.
"Deputy Governor PENN."
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The Board taking the latter part of the above Letter into Con- sideration, were of opinion that it would be advisable for the Gov- ernor to issue a Proclamation, agreeable to His Majesty's permission, signified in the said Letter, to recall the Governor's Proclamation of the 2d of November last. It is accordingly ordered that a Draft of a Proclamation be prepared, to be laid before the Board at their next Meeting.
The Board then resumed the Consideration of the Supplementary Bill to the Act for acknowledging and recording of Deeds, and. several Amendments being made thereto, it is ordered to be returned with the same to the Assembly.
. March 15th, 1775, A. M.
MEMORANDUM.
Two Members of Assembly waited on the Governor, and ac- quainted His Honor that their Speaker was so much indisposed that he was unable to attend the public Business, and that the House had proceeded to the choice of another Spreaker in his stead, and desired to know when the Governor would be ready to receive the House, that they might present him for His Honor's Approbation ; to which the Governor replied that he would be in the Council Chamber in half an hour for that Purpose.
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Eodem die.
The Governor being in the Council Chamber, sent a Message to the Assembly by the Secretary, to acquaint them that he was ready to receive the House with their Speaker. The whole House imme- diately waited on the Governor, and presented John Morton, Esquire, as their Speaker, who, after receiving His Honor's Ap- probation, acquainted His Honor, that as his Predecessor (Mr. Biddle) had claimed the usual Priviledges in behalf of the present Assembly, it was unnecessary for him to renew such Claim, except in respect to his own unwilling mistakes as Speaker, which he de- sired his Honour would excuse, and not impute them to the House, in which the Governor acquiesced.
MEMORANDUM, March 16th, 1775.
The Governor this day wrote to Governor. Eden the following Letter, on the subject of the Proclamation to be issued respecting the Boundary between Pennsylvania and Maryland : VOL. X .- 16.
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" PHILADELPHIA, March 16th, 1775.
" Sir :
" I make no doubt you have been informed, since your return from England, that in the Month of September last I issued a Pro- clamation for extending the Jurisdiction of Pennsylvania and the 'Counties of New Castle, Kent, and Sussex, up to the Boundary Lines run and marked by the Commissioners appointed to that Service, and that I afterwards revoked that Proclamation by a sub- sequent one of the second of November, in Consequence of His Majesty's Orders, signified to me by the Secretary of State, that I should desist from issuing any Orders for extending the Jurisdic- tion of Pennsylvania beyond those Places where it had been usually exercised, until His Majesty's further Pleasure should be known therein. I am now to inform you that I have received a Letter from the Earl of Dartmouth, by the last Packet, advising me, that His Majesty, 'on further Consideration, is graciously pleased to approve the Arrangement made by my Proclamation of the fifteenth of September, and to permit me to recall that of the second of No- vember ;' and I propose immediately to issue a new Proclamation, to make known His Majesty's Pleasure in this Matter, and to enforce that of the fifteenth of September.
" I am, with great Respect, Your Excellency's most Obedient and most humble Servant,
" JOHN PENN.
"To His Excellency ROBERT EDEN, Esq"., Governor and Com- mander-in-Chief of the Province of Maryland, Annapolis."
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MEMORANDUM, March 17th, 1775.
Two Members of Assembly waited on the Governor with a verbal Message from the House, desiring his Honor would inform them at what time he would meet the House, in order to enact into Laws the Bills to which he had given his Assent; to which the Gover- nor replied, he would be in the Council Chamber to-morrow at } past eleven o'Clock, for that purpose.
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Council Chamber, 18th March, ¿ past 11 o'Clock, A. M.
The Governor being in the Council Chamber, sent a Message to the Assembly by the Secretary, to acquaint them that he required their Attendance there, in order to enact into Laws the several Bills to which he had given his Assent. The whole House immediately attended, and presented to the Governor the following Bills, which his Honor enacted into Laws, and Signed a Warrant for affixing the Great Seal to them. The Laws were afterwards
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Sealed and deposited in the Rolls Office, and are entituled as fol- low, Viz .:
"A supplement to the Act entituled 'An Act for erecting a new Gaol, Workhouse, and House of Correction in the City of Phila- delphia.'."
" A Supplement to the Act entituled 'An Act appointing War- dens for the Port of Philadelphia, and for other Purposes therein mentioned.'"'
"An Act to regulate the Assize of Bread, and for other Purposes therein mentioned." .
"A Supplement to an Act entitled ' An Act for acknowledging and recording of Deeds.'"'
"An Act for the relief of William Goddard and Septimus Lever- ing, languishing Prisoners in the Gaol of Philadelphia, with respect to the Imprisonment of their Persons."
" An Act to enable the Trustees therein mentioned to sell and dispose of a certain Tract of Land, and to apply the Monies arising therefrom to the use of the low Dutch reformed Congregation, or & religious Society of Christians, called Dutch Presbyterians."
New Castle, Tuesday 21st March, 1775. 2
The Governor having been prevented by his attendance on the Assembly of Pennsylvania last Week, from Meeting the Assembly of the Counties on Delaware, on the 13th Instant, the day on which they met pursuant to adjournment, His Honor arrived here this Day, in order to attend the public Business of this Government.
Thursday, March 23d, 1775.
The Governor sent to the Assembly by the Secretary a written Message, which follows in these Words, Vizt .:
A Message from the Governor to the Assembly.
" Gentlemen :
" At your last Session, in October, I informed You that the Ju- risdiction of this Government had been extended to the Boundary Lines run and marked by Commissioners appointed by the Proprie- tors of Pennsylvania and Maryland, and recommended it to you to establish such Divisional Lines in the Counties as the Settlement of the New Boundary might require. But soon after your last adjournment I was obliged by His Majesty's Commands, signified to me by a letter from the Secretary of State, by my Proclamation, dated the 21st of November, to supersede that which I had issued on the 15th of September, for the above Purpose of extending the
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244
Jurisdiction, until his Majesty's Pleasure should be further known therein. I have now, Gentlemen, the Satisfaction to acquaint you that I have lately been advised by the Right Honorable the Earl of Dartmouth, that His Majesty, on further Consideration of the Matter, is graciously pleased to approve of the Arrangement made by my Proclamation of the 15th of September, and to permit me to recall that of the 2d of November ; so you are now at full Liberty to resume the Business I recommend to you at your last Session. " JOHN PENN.
"New Castle, 23d March, 1775."
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Wednesday, 29th March, 1775.
The Assembly having, since the Governor's attendance at this place, sent up to him ten Bills, which they had prepared during their present sitting, they were severally read, and duly considered, and a few Amendments being made to two of them, to which the Assembly having for the most part acceded, they were all at differ- ent Times returned to the House by the Secretary, with Messages that the Governor agreed to pass them into Laws whenever they should be presented to him for that purpose, except the Bill enti- tuled "An Act to prohibit the Importation of Slaves into this Government," which the Governor returned to the House, with a Verbal Message that he could not agree to pass it into a Law. The said Bills are entituled as follows, Viz+ :
"An Act for easing scrupulous Consciences into the Mode of taking an Oath."
"A Supplement to an Act entituled ' An Act for erecting a Bridge and Causeway over Lewes Creek, from the Town of Lewes to the Cape side of the said Creek, in the County of Sussex.'"
" An Act for the Relief of the Poor."
"An Act for extending an act entituled ' An Act to prevent Swine running at large without Rings and Yokes, in certain Parts of New Castle County, within this Government, to Pencader Hun- dred, in the County aforesaid.'"
" An Act for supplying a Defect in the Title of John Southers to a certain Tract of Land in Christiana Hundred, in the County of New Castle, upon Delaware."
" An Act for the Relief of Moses Montgomery, a Prisoner in the Gaol of New Castle County."
" An Act to enable the Owners and Possessors of a certain Tract of Meadow Marsh and Cripple, at the North end of the Town of New Castle, to keep the Banks, Dams, and Sluices in Repair, and to raise a Fund to defray the Expence thereof."
" A Supplement to an Act entituled ' An Act for improving the Meadows, &cª., on Tom's Creek, in the Hundred and County of New Castle.' "
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" An Act for vesting the Court House and public offices, with the Lots of Ground whereon the same are erected, together with another Lot adjoining the same on the North Side thereof, situate in the Town of Dover, in' the County of Kent, in Trustees, for the Uses therein mentioned."
" An Act to prohibit the Importation of Slaves into this Govern- ment."
A Committee of Assembly waited on the Governor with a Mes- sage, desiring to know when and where he would be pleased to re- ceive the House, in order to pass the Bills to which he had given his assent. To which the Governor replied that he should be ready to receive the House for that purpose at his Lodgings immediately. The Speaker and the whole House attended accordingly, and pre- sented the first nine Bills above mentioned, which the Governor en- acted into Laws, signed a Warrant for affixing the Great Seal to them, and directed the Secretary to accompany two Members of the Assembly to see them sealed and deposited in the Rolls Office.
Before the House withdrew the Speaker presented to the Governor an Order on the Trustees of the Loan Office for New Castle County for &150, for which His Honor returned the House his Thanks.
At a Council held at Philadelphia, on Saturday 8th April, 1775.
PRESENT :
The Honorable JOHN PENN, Esquire, Governor. Benjamin Chew, James Tilghman, Esquires.
Edward Shippen,
Pursuant to an Order of Council, on the 13th day of March last, a Draught of a Proclamation for recalling that issued on the second of November, and confirming the Proclamation of the 15th of Sep- tember last, agreeable to His Majesty's permission, signified to the Governor by the Earl of Dartmouth, was laid before the Board, and being duly considered, was agreed to, and the Governor, by the Advice of the Board, issued the same this Day, in the following Words, Viz *:
" By the Honorable JOHN PENN, Esquire, Governor and Commander-in-Chief of the Province of Pennsylvania and Coun- ties of New Castle, Kent, and Sussex, on Delaware.
" A PROCLAMATION.
" WHEREAS, by my Proclamation, bearing date the fifteenth day of September last, I did enjoin and require all Persons residing to the Northward and Eastward of the Lines and Boundaries thereto- fore run, and marked as Boundaries and Division Lines be- tween the Province of Maryland and the Province of Penn- sylvania, and Counties of New Castle, Kent and Sussex, on Dela-
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