USA > Pennsylvania > Colonial records of Pennsylvania, Vol. X > Part 25
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
246
MINUTES OF THE
ware, by Commissioners for that purpose appointed and authorized, in pursuance of two Articles of Agreement made between the Proprietors of the Province of Maryland and the Proprietors of the Province of Pennsylvania, and the Counties of New Castle, Kent, and Sussex, on Delaware, and also in pursuance of two several De- crees of the Lord High Chancellor of England, for the Specific performance of the said Articles, to yield Obedience to the respec- tive Laws of the Province of Pennsylvania, and Counties aforesaid on Delaware; And I did further, by my said Proclamation, require all Magistrates, Sheriffs, and other Officers of Justice, appointed, or to be appointed, in the said Province and Counties, to put in Execution the respective Laws thereof, against all Offenders within the Lines and Limits aforesaid, as by my said Proclamation may more at large appear ; And Whereas, by my other Proclamation, bearing date the second day of November last past, I did, in Obe- dience to His Majesty's Commands, signified to me by a Letter from the Right Honorable the Earl of Dartmouth, one of His Majesty's principal Secretaries of State, enjoin all Magistrates, Sheriffs, and other Officers of Justice, to desist from exercising the Jurisdiction of Pennsylvania, or the Counties of New Castle, Kent, and Sussex, on Delaware, beyond those Places where it had been theretofore usually exercised, until His Majesty's further Pleasure should be known in the Premises, any thing in my former Procla- mation to the contrary notwithstanding; And Whereas, I am now informed by a Letter from the Right Honourable the Earl of Dart- mouth, dated the seventh day of January last, 'that His Majesty, on further Consideration, hath been graciously pleased to approve of the Arrangement made by my said Proclamation of the fifteenth of September last, and to permit me to recall that of the second of November last,' I have, therefore, thought proper, by the Advice of the Council, to issue this Proclamation, to make known the Premises to all whom it may concern, hereby, in pursuance of His Majesty's Pleasure and permission, revoking my said Proclamation of the second of November last, and requiring all officers, and others, within the Province of Pennsylvania, and Counties of New Castle, Kent, and Sussex, on Delaware, to yield Obedience to, and in all things observe the Orders and Injunctions in my said Proclamation of the fifteenth of September last contained, as they will answer the contrary at their Peril.
" Given under my Hand and the Great Seal of the Province of Pennsylvania, at Philadelphia, the eighth day of April, in the Year of our Lord one thousand and seven hundred and seventy- five, and in the fifteenth Year of the Reign of our Sovereign Lord George the third, by the Grace of God of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth, " JOHN PENN.
" By his Honor's Command,
" JOSEPH SHIPPEN, Jun"", Secretary. "GOD SAVE THE KING."
247
PROVINCIAL COUNCIL.
The Governor, at the same time, communicated to the Board a Letter which he had just received from Governor Eden, which fol- lows in these Words, Viz":
[Not in the book.]
To which Letter the Governor, by the Advice of the Council, wrote the following Answer at the Table, Viz:
" PHILADELPHIA, April 8th, 1775.
" Sir :
"I have the Favor of your Excellency's Letter of the 25th of March. Considering what passed between us the last Summer, on the Subject, I rather wished than expected your Concurrence in a Proclamation, and my last Letter was only meant to give you No- tice of my Intention, because I would chuse to act in the most open manner.
.
" If any dependence is to be had on my Information, there is no probability of a Disturbance between the People of the two Pro- · vinces ; They are in general satisfied that the Jurisdiction of this Government must take place, and therefore wish to have it hastened; nor can I imagine they will give an opposition to a Measure which I have His Majesty's Permission to take; and I am persuaded such an Opposition will not be countenanced by the Government of Maryland. I therefore flatter myself that your Excellency will not think me unreasonable in persisting to issue a Proclamation, agreeable to the King's permission and the advice of my Council.
"I am, with great Regard, " Your Excellency's most obedient humble Servant,
"JOHN PENN.
" To His Excellency ROBT. EDEN, Esq"., Governor of Maryland."
At a Council held at Philadelphia, on Friday 28th April, 1775.
PRESENT :
The Honourable JOHN PENN, Esquire, Governor.
William Logan, Andrew Allen,
Benjamin Chew, Edward Shippen, jun", & Esquires. James Tilghman,
The Governor having received by the last Packet three Letters from the Right Honorable the Earl of Dartmouth, with a Copy of a Resolution of the British House of Commons, entered into on the 20th of February last, relative to the Differences at present subsisting between great Britain and the Colonies, the same were laid before the Board and read, and one of the said Letters, with the Resolution therein referred to, follow in these Words, Viz -.:
248
MINUTES OF THE
(Circular-Separate).
" WHITEHALL, 3d March, 1775.
" Sir :
"You will have seen in the King's Answer to the joint Address of both Houses of Parliament, on the 7th of February, (which Ad- dress and Answer have been already transmitted to you,) how much Attention His Majesty was graciously pleased to give to the Assu- rances held out in that Address of the readiness of Parliament to afford every just and reasonable Indulgence to the Colonies, when- ever they should make a proper Application, on the Grounds of any real Grievance they might have to complain of ; and, therefore, I have the less Occasion now to enlarge upon the Satisfaction it hath given His Majesty to see that Address followed by the inclosed Re- solution of the House of Commons, which, whatever, may be the Effect of it, (I trust a happy one,) will for ever remain an Evidence of their Justice and Moderation, and manifest The Temper which has accompanied their Deliberations upon that Question, which has been the Source of so much Disquiet to His Majesty's Subjects in America, and the pretence for Acts of such Criminal Disorder and Disobedience.
" His Majesty, ardently wishing to see a Reconciliation;of the un- happy Differences which have produced these Disorders, by every Means through which it may be obtained without Prejudice to the just Authority of Parliament, which His Majesty will never suffer to be violated, approves the Resolution of its faithful Commons, and Commands me to transmit it to you, not doubting that this happy Disposition to comply with every just and reasonable Wish of the King's Subjects in America, will meet with such a Return of Duty and Affection on their part, as will lead to a happy Issue of the present Disputes, and to a Re-establishment of the Public Tranquili- ty on those Grounds of Equity, Justice and Moderation, which this Resolution holds forth.
"The King has the greater Satisfaction in this Resolution, and the greater Confidence in the good Effects of it, from having seen that amidst all the Intemperance into which a People, jealous of their Liberties, have been unfortunately misled, they have, never- theless, avowed the Justice, the Equity, and the Propriety of Sub- jects of the same State, contributing according to their Abilities and Situation, to the Public Burthens; and I think I am warranted in saying that this Resolution holds no Proposition beyond that.
"I am unwilling to suppose that any of the King's Subjects in the Colonies, can have so far forgot the Benefits they have received from the Parent State, as not to acknowledge that it is to her sup- port, held forth at the Expence of her Blood and Treasure, that they principally owe that Security which hath raised them to their present State of Opulence and Importance. In this Situation therefore, Justice requires that they should in return, contribute according to
249
PROVINCIAL COUNCIL.
their respective Abilities to the common Defence, and their own Welfare and Interest demand that their Civil Establishment should be supported with a becoming Dignity.
" It has been the Care, and I am persuaded it is the firm Determi- nation of Parliament, to see that both these Ends are answered, and their Wisdom and Moderation have suggested the propriety of leaving to each Colony to judge of the Ways and Means of making due Provision for these Purposes, reserving to themselves a discre- tionary Power of approving or disapproving what shall offer.
" The Resolution neither points out what the Civil Establishment should be, nor demands any specific Sum in Aid of the public Bur- thens ; In both these Respects it leaves full Scope for that Justice and Liberality which may be expected from Colonies that, under all their prejudices, have never been wanting in Expressions of an Affectionate Attachment to the Mother Country, and a zealous Regard for the general Welfare of the British Empire, and therefore the King trusts that the Provision they will engage to make for the support of Civil Government, will be adequate to the Rank and Station of every necessary Officer, and that the Sum to be given in Contri- .bution to the Common Defence will be offered on such Terms, and proposed in such a way, as to increase or diminish, according as the public Burthens of this Kingdom are, from time to time, augmented or reduced, in so far as those Burthens consist of Taxes and Duties, which are not a security for the National Debt. By such a Mode of Contribution, the Colonies will have full Security that they can never be required to tax themselves without Parliament taxing the Subjects of this Kingdom in a far greater Proportion, and there can be no doubt that any Proposition of this Nature, made by any of the Colonies, and accompanied with such a State of their Faculties and Abilities as may evince the Equity of the proposal, will be re- ceived with every possible Indulgence, provided it be at the same time unaccompanied with any Declarations, and unmixed with any Claims which will make it impossible for the King, consistent with his own Dignity, or for Parliament, consistent with their constitu- tional Rights, to receive it. But I will not suppose that any of the Colonies will, after this Example of the temper and moderation of Parliament, adopt such a Conduct; on the Contrary, I will cherish the pleasing Hope that the public Peace will be restored, and that the Colonies, forgetting all other trivial and groundless Complaint which ill humour hath produced, will enter into the Consideration of the Resolution of the House of Commons, with that Calmness and Deliberation which the Importance of it demands, and with that Good Will and Inclination to a Reconciliation which are due to the Candour and Justice with which Parliament has taken up this Business, and at once declared to the Colonies what will be ulti- mately expected from them. 1
" I have already said that the King entirely approves the Reso- lution of the House of Commons, and His Majesty commands me
250
MINUTES OF THE
to say that a compliance therewith by the General Assembly of Pennsylvania will be most graciously considered by His Majesty, not only as a Testimony of their reverence for Parliament, but also as a Mark of their Duty and Attachment to their Sovereign, who has no Object nearer to his Heart than the Peace and Prosperity of his Subjects in every part of his Dominions. At the same time, his Majesty considers himself as bound by every Tye to exert those Means the Constitution has placed in his Hands for preserving that Constitution entire, and to resist with firmness every Attempt to violate the Rights of Parliament, to distress and obstruct the lawful Commerce of His Subjects, and to encourage in the Colonies Ideas of Independance inconsistent with their Connection with this King- dom. "I am, Sir, " Your most Obedient " humble Servant, " DARTMOUTH.
" Deputy Governor of Pennsylvania."
Here follows the Resolution of the House of Commons referred to in the foregoing Letter, Viz" :
" Resolved, That when the Governor, Council, and Assembly, or General Court of any of his Majesty's Provinces or Colonies in America, shall propose to make Provision according to the Condi- tion, Circumstances, and Situation of such Province or Colony, for contributing their Proportion to the common Defence, (such Pro- portion to be raised under the Authority of the General Court, or General Assembly of such Province or Colony, and disposable by Parliament,) and shall engage to make Provision also, for the sup- port of the Civil Government, and the Administration of Justice in such Province or Colony, it will be proper, if such Proposal shall be approved by His Majesty and the Houses of Parliament, and for so long as such Provision shall be made accordingly, to forbear, in respect of such Province or Colony, to levy any Duty, Tax, or As- sessment, or to impose any further Duty, Tax, or Assessment, ex- cept only such Duties as it may be expedient to continue to levy, or to impose for the Regulation of Commerce, the Nett Produce. of the Duties last mentioned to be carried to the Account of such Pro- vince or Colony respectively.
The Board taking the foregoing Letter and Resolve into Con- sideration, advised the Governor to lay the same before the assem- bly at their meeting next Week, accompanied with a Message, and - a Member of Council was appointed to prepare a Draught of a Message for that Purpose.
-
MEMORANDUM, 1st May, 1775.
A Committee of Assembly waited on the Governor, and ac- quainted him that the House had met pursuant to Adjournment,
is
-
PROVINCIAL COUNCIL.
251
and were ready to receive any Business His Honor might be pleased to lay before them. To which The Governor replied, that he would lay some Business before the House shortly.
At a Council held at Philadelphia, on Monday 1st May, 1775.
PRESENT :
The Honourable JOHN PENN, Esquire, Governor. William Logan, James Tilghman,
Benjamin Chew,
Andrew Allen,
Esquires.
A Member of Council laid before the Board a Draught of a Message to the Assembly, which he had prepared agreeable to an Order of Council of the 28th of April last, which being read and approved, the same was ordered to be fairly transcribed, and carried to the House to-morrow morning, with the Resolution of the House of Commons therein referred to. The said Message follows in these Words, Viz* :
A Message from the Governor to the Assembly.
"Gentlemen :
" I have ordered the Secretary to lay before you a Resolution entered into by the British House of Commons the 20th of Feb- ruary last, relative to the unhappy Differences subsisting between our Mother Country and her American Colonies. You will per- ceive by this Resolve, not only a strong Disposition manifested by that August Body, to remove the Causes which have given rise to the discontents and Complaints of His Majesty's Subjects in the Colonies, and the dreadful impending Evils likely to ensue from them; but that they have pointed out the Terms on which they think it just and reasonable a final Accommodation should be grounded.
" Let me most earnestly entreat you, Gentlemen, to weigh and consider this Plan of Reconciliation, held forth and offered by the Parent to her Children, with that Temper, Calmness, and Delibera- tion, that the Importance of the Subject, and the present critical Situation of Affairs, demand. Give me leave to observe, that the Colonies, amidst all those Complaints which a Jealousy of their Liberties have occasioned, have never denied the Justice or Equity of their contributing towards the Burthens of the Mother Country, to whose Protection and care they not only owe their present opu- lence, but even their very Existence. On the contrary, every State and Representation of their supposed Grievances, that I have seen, avows the Propriety of such a Measure, and their willingness to comply with it.
252
MINUTES OF THE
"The Dispute, then, appears to me be brought to this Point : Whether the redress of any Grievances the Colonists have reason to complain of shall precede, or be postponed to the Settlement of that just Proportion which America should bear towards the com- mon Support and Defence of the whole British Empire.
" You have, in the Resolution of the House of Commons, which I have Authority to tell you is entirely approved of by His Majesty, a Solemn Declaration, that an Exemption from any Duty, Tax, or Assessment, present or future, except such duties as may be ex- pedient for the Regulation of Commerce, shall be the immediate Consequence of Proposals on 'the Part of any of the Colony Legis- latures, accepted by His Majesty and the two Houses of Parlia- ment, to make Provision, according to their respective Circum- stances, for contributing their Proportion to the common Defence, and the support of the civil Government of each Colony.
" I will not do you so much Injustice, Gentlemen, as to suppose you can desire a better Security for the inviolable performance of this Engagement, than the Resolve itself, and His Majesty's Appro- bation of it, gives you.
"As you are the first Assembly on the Continent to whom this Resolution has been communicated, much depends on the Modera- tion and Wisdom of your Councils, and you will be deservedly revered to the latest Posterity, if, by any possible Means, you can be Instrumental in restoring the public Tranquility, and rescuing both Countries from the dreadful Calamities of a Civil War.
" May the 2d, 1775."
"JOHN PENN.
MEMORANDUM, 4th May, 1775.
A Committee of Assembly this day waited on the Governor, and presented him the following Message, in Answer to His Honor's Message of the second Instant, Vizt. :
A Message to the Governor from the Assembly.
" May it please your Honour :
"We have taken into our serious Consideration your Message of the second Instant, and 'the Resolution of the British House of Commons,' therein referred to.
" Having 'weighed and considered this Plan with the Temper, Calmness, and Deliberation that the Importance of the Subject and the present critical Situation of Affairs demand,' we are sincerely sorry that We cannot ' think the Terms pointed out 'afford' a just and reasonable Ground for a final Accommodation' between Great Britain and the Colonies.
" Your Honor observes, ' that the Colonies amidst all those Com- plaints, which a jealousy of their Liberties has occasioned, have
A
253
PROVINCIAL COUNCIL.
never denied the Justice or Equity of their contributing towards the Burthens of the Mother Country ;' but your Honour must know, that they have ever unanimously asserted it as their indisputable Right, that all Aids from them should be their own free and volun- tary Gifts, not taken by Force, nor extorted by Fear.
"Under which of these Descriptions 'the Plan held forth and offered by the Parent to her Children,' at this Time, with its at- tendant Circumstances, deserves to be Classed, we chuse rather to submit to the determination of your Honor's good Sense than to attempt proving by the enumeration of notorious Facts, or the repe- tition of obvious Reasons.
" If no other Objection to the Plan proposed occurred to us, we should esteem it a dishonorable desertion of Sister Colonies, con- nected by an Union founded on just motives and mutual Faith, and conducted by general Councils, for a single Colony to adopt a Measure so extensive in Consequence without the advice and Con- sent of those Colonies engaged with us, by solemn Ties, in the same Common Cause.
" For we wish your Honor to be assured that we can form no Prospect appearing reasonable to us, of any lasting advantages for Pennsylvania, however agreeable they may be at the Beginning, but what must arise from a communication of Rights and Prosperity with the other Colonies, and that if such a Prospect should be opened to us, we have too sincere an Affection for our Brethren, and too strict a Regard 'for the inviolable performance of our En- gagements' to receive any Pleasure from Benefits equally due to them, yet confined to ourselves, and which, by generously rejecting them at present, may at length be secured to all.
" Your Honor is pleased to observe, 'that as we are the first As- sembly on the Continent to whom this Resolution has been com- municated, much' depends on the Moderation and Wisdom of our Council, and we shall be deservedly revered to the latest Posterity, if, by any possible Means,' we 'can be instrumental in restoring the' public Tranquility and rescueing both Countries from the dreadful Calamities of a Civil War.'
"Your Honor, from a long residence and Conversation among us, must be persuaded that the People we represent are as peaceable and Obedient to Government, as true and faithful to their Sovereign, and as affectionate and dutiful to their Parent State, as any in the World, and though we are not inattentive to the Approbation of Posterity, as it might reflect Honor upon our Country, yet higher Motives have taught us upon all Occasions to demonstrate, by every Testimony, our Devotion to our King and Parent State.
" Still animated by the same Principles, and most earnestly de- sirous of enjoying our former undisturbed State of dependance and subordination, productive of so many Blessings to 'both Countries,' we cannot express the Satisfaction we should receive, 'if by any possible Means, We could be instrumental in restoring the public
254
MINUTES OF THE
tranquility.' Should such an Opportunity offer, we should endeavour with the utmost Diligence and Zeal to improve it, and to convince His Majesty and our Mother Country that we shall ever be ready and willing with our Lives and Fortunes to support the Interests of His Majesty and that Country, by every Effort that can be reasona- bly expected from the most loyal Subjects and the most dutiful Colonist.
"Until Divine Providence shall cause, in the Course of His Dispensations, such a happy Period to arrive, we can only depre- cate, and if it be possible endeavour by prudence to avoid 'the Calamities of a Civil War ;' a dreadful Misfortune indeed ! and not . to be exceeded but by an utter subversion of the Liberties of America.
"Signed by order of the House.
"JOHN MORTON, Speaker. " May the 4th, 1775."
At a Council held at Philadelphia, on Saturday 6th May, 1775.
PRESENT :
The Honorable JOHN PENN, Esquire, Governor.
William Logan, James Tilghman,
Benjamin Chew, Andrew Allen. Esquires.
The Governor laid before the Board two Bills which had been kept under advisement since the last Meeting of the Assembly, and are entituled as follow, viz* :
" An Act for confirming the Estate of Daniel Andrews, in and to certain Lands in Amity Township, in the County of Chester."
" An Act to suppress the holding of Fairs within the City of Philadelphia."
Which being read and considered, were returned to the House by the Secretary, with The Governor's Assent to the first mentioned Bill, and the following Amendments made to the latter, Viz *:
[The amendments are not here inserted.]
-
Tuesday 9th May, 1775.
MEMORANDUM.
A Committee of Assembly again waited on the Governor with the Bill for suppressing the holding of Fairs, and acquainted His Honor that the House could not admit his proposed Amendments, and therefore adhered to the Bill.
-
255
PROVINCIAL COUNCIL.
Friday May 12th, 1775.
A Committee of Assembly waited on the Governor, and ac- quainted him that the House proposed to adjourn to the 19th of June next, to which His Honor made no Objection.
At a Council held at Philadelphia, on Tuesday 16th May, 1775. PRESENT : The Honourable JOHN PENN, Esquire, Governor. James Tilghman, Andrew. Allen, Esquires. T
The Governor acquainted the Board that eight Cayuga In- dians came to Town on Saturday last from Canasadego, on the Cayuga Branch of Susquehanna, on some Business with this Gov- ernment, and that he now proposed to hear what they had to say. Whereupon the Board agreed that they should be immediately sent for, and they were accordingly introduced. Their names are as fol- low, Viz* :
[The names are not here inserted.]
The Governor then acquainting them that he was ready to hear them, addressing himself to the Governor, first went through some short usual Ceremonies of clearing the Throat and Heart, and opening the Ears, &cª, and then producing a Belt of Wampum, spoke as follows, Viz": That three of their Company, who were present as the nearest surviving Relations of the old Seneca Sohaes, who lived for many Years with his Family and Con- nections on a Tract of Land within the Manor of Conestogo, in Lancaster County; that the old Man with his Family and Relations were several Years ago Murdered there by some wicked Men be- longing to this Government; and that the said Tract of Land, con- taining about 500 Acres, now became the Property of his three Relations present, one of whom is Sohae's Brother; that they had come down at this time to see their Brother Onas, and to make Sale of the said Land to him; That the Land is very rich, and worth a great deal of Money, but as their Brother Onas was him- self well acquainted with its value, they desired he would pur- chase it from them for such a price as he thought reasonable, and they would be entirely satisfied. He then delivered the Belt of Wampum to the Governor, and told him that he had finished what he had to say.
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.