USA > Pennsylvania > Colonial records of Pennsylvania, Vol. X > Part 26
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The Governor thereupon acquainted the Indians that he and his Council would take their Speech into Consideration, and give them an answer on Thursday morning.
256
MINUTES OF THE
At a Council held at Philadelphia, on Thursday, 18th May, 1775.
· PRESENT :
The Honorable JOHN PENN, Esquire, Governor.
William Logan, Andrew Allen,
Benjamin Chew, Edward Shippen, Jun"., Esquires.
The eight Cayuga Indians being sent for, attended at the Board in order to receive the Governor's Answer to their Speech on tues- day last, which the Governor in part delivered to them ; but as it appeared to the Board that the Indians did not clearly and fully comprehend his meaning, the Person who undertook to them not being sufficiently acquainted with their Language, and the In- dians expressing great Dissatisfaction on being informed that this Land had already been purchased and paid for, it was agreed that Isaac Still, a Delaware Indian Interpreter, should be immediately sent for, to interpret the Governor's answer to the Indians in Coun- cil, on Saturday morning next.
1
The Records of the Conviction of Andrew Stewart and John Mc Allister, for Counterfeiting the Bills of Credit of this Province, and of Samuel Short, for Felony and Burglary, at the last Court of Oyer and Terminer and general Gaol delivery, held at Philadel- phia, on the tenth day of April last, before Benjamin Chew, Tho- mas Willing and John Morton Esquires, were laid before the Board and considered, and there being no circumstances the least favour- able in the Case of either of the said Criminals reported to the Governor by the Judges of the said Court, it was the opinion of the Board that the Sentence of the Court against them should be executed on Saturday the third day of June next, and Warrants for that Purpose were ordered to be issued accordingly.
At a Council held at Philadelphia, on Saturday 20th May, 1775.
PRESENT :
The Honourable JOHN PENN, Esquire, Governor.
James Tilghman, Edward Shippen, Jun"., $ Esquires. William Logan, Andrew Allen
The eight Cayuga Indians, by desire of the Governor, again attended the Board, with the Indian Interpreter Isaac Still, and having taken their seats, the Speaker repeated over the speech he had delivered to the Governor on Tuesday last, which was the same in substance as entered on the minutes of that Day, and the Governor returned them his Answer, which was fully explained to . them by Isaac Still, and is as follows, Viz“ :
1
257
PROVINCIAL COUNCIL.
" Brethren :
" The Tract of Land you mention, consisting of 500 Acres, part of the Conestogo Manor, where old Sohaes dwelt, was included in a purchase long since made from the Indians, notwithstanding which, I agree that Sohaes and his Family had the Proprietaries permission to live thereon as long as they chose to remain in the inhabited Part of the Country. Some time after the Death of So- haes, and all his Family that resided there in the year 1768, there was a Treaty held at Fort Stanwix, to which I was invited by Sir William Johnson, in order to treat with the Indians, concerning the Purchase of a large Tract of Land, part of which lay in the King's Governments and part in the Province of Pennsylvania ; At this Treaty the last great Indian purchase was made, for which I then paid the Indians ten thousand Dollars. But before The Treaty was finished, Sir William Johnson informed me that the Indians expected to be paid for the 500 acres of Land, part of the Conestogo Manor, where Sohaes dwelt; I accordingly agreed to pay them for it. The Price agreed on was two hundred Pounds, York Money, or five hundred dollars, the Value of which was then delivered in Goods to Togaiaio, the Cayuga Chief, to be distributed as he thought proper, and the Deed I now shew you, for the land I bought of the Indians at that Treaty, signed by the Chiefs of the Six Nations, expressly includes this five hundred acres of Land.
" Having, therefore, already purchased the Land twice, it cannot reasonably be expected that I should pay for it again. However, as you have come from a great Distance, under an Expectation of selling this Land, and perhaps did not receive so great a Proportion of the Goods I delivered at Fort Stanwix, as should have been paid to the Relations of Sohaes, and to shew you the Desire I have to preserve Peace and Friendship with the Indians, and that when they pay me a visit they should not go away dissatisfied ; I am willing to make you a Present, which I hope you will think a gen- erous one; I, therefore, desire you will accept of these three hun- dred Dollars.
A Belt.
The Indians, accordingly, very gladly accepted the three hundred Dollars, and signed a Receipt for the same on the back of the Deed executed at Fort Stanwix, expressing it to be in full Satisfaction of all claims of Sohaes's Family to the said five hundred Acres of Land.
-
MEMORANDUM, 27th May, 1775.
A certain John M'Allister, who was confined under Sentence of Death in the Gaol of Philadelphia County, for uttering and passing counterfeit Bills of Credit, of this Province, having lately made his Escape from the said Gaol, the Governor was pleased, with the VOL. X .- 17.
258
MINUTES OF THE
Advice of the Council, to issue the following Proclamation, offering a Reward of £200 for apprehending him, 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, a certain John M'Allister, a young Man about eighteen or nineteen years of age, five feet eight or nine Inches high, round shouldered, bow legged, a little pitted with the small Pox, and wears his own hair, who was confined in the Public Gaol of the City and County of Philadelphia, under sentence of Death, for uttering and passing counterfeit Bills of Credit of this Pro- vince, knowing the same to be counterfeited, hath lately made his Escape from the said Gaol, and it is highly expedient for the discour - agement of such pernicious and atrocious Crimes, that the said John M'Allister should be brought to condign and exemplary Punish- ment, I have, therefore, thought fit, with the advice of the Council, to issue this my Proclamation, hereby promising and engageing that the Public Reward of Two hundred Pounds shall be paid to any Person or Persons who shall apprehend the said John M'Allister, and safely deliver him to the Sheriff of the City and County of Philadelphia, in the Gaol aforesaid : And I do hereby strictly charge, enjoin, and require all Judges, Justices, Sheriff's, Consta- bles, and all other Officers, Civil and Military, and all other His Majesty's liege Subjects within my Government, to make diligent Search and enquiry after the said John M'Allister, and to use their utmost Endeavours to apprehend and secure him, so that he may be brought to Justice.
" Given under my Hand, and the Great Seal of the said Province, at Philadelphia, the twenty-seventh day of May, in the year of our Lord one thousand seven hundred and seventy-five, and in the fifteenth year of His Majesty's Reign.
" JOHN PENN.
" By His Honor's Command, "JOSEPH SHIPPEN, Jun'., Secretary. " GOD SAVE THE KING."
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MEMORANDUM, June 2d, 1775.
The Governor was this day pleased with the advice of the Council, to issue a Pardon for Samuel Short, who was confined under Sen- tence of Death in the Gaol of Philadelphia County, for Felony and Burglary.
259
PROVINCIAL COUNCIL.
MEMORANDUM, 20th June, 1775.
A Committee of two Members of the Assembly waited on the Governor and acquainted him that a Quorum of the Representatives had met pursuant to adjournment, and were ready to receive any Business his Honor might have to lay before them; to which the Governor replied, that he had no Business at present to lay before the House.
At a Council held at Philadelphia, on Monday 26th June, 1775.
PRESENT :
The Honourable JOHN PENN, Esquire, Governor.
James Hamilton, James Tilghman,
Benjamin Chew, Edward Shippen, jun".
Esquires.
The Governor laid before the Board a Bill for the support of the Government of this Province and payment of the Public Debta, which being read, the Governor sent a Verbal Message to the House by the Secretary, requesting them to furnish him with a List of the Draughts and Certificates intended to be discharged by the said Bill, which was then referred to further Consideration.
The Governor also laid before the Board three other Bills for their Consideration, sent up by the Assembly for his Concurrence, entituled
"An Act to amend the Act entituled 'A Supplement to the Act entituled 'An Act appointing Wardens for the Port of Philadelphia, and for other Purposes therein mentioned."
"An Act for confirming the Estate of William Scott in and to certain Lands in the Township of Strasburg and County of Lan- caster."
"An Act for confirming the Estate of the Heirs and Representa- tives of John Taylor, late of the County of Chester, Practitioner in Physick, deceased, in a certain Tract of Land situate in the Township of Bradford, in the said County."
Which Bills, being severally read and considered, were ordered to be returned to the Assembly by the Secretary, with a Verbal Message that the Governor gave his Assent to the first, that he could not agree to pass the second into a Law, and with one small Amendment to the third.
260
MINUTES OF THE
At a Council held at Philadelphia, on Wednesday 28th June, 1775.
PRESENT :
The Honorable JOHN PENN, Esquire, Governor.
James Hamilton, James Tilghman,
Richard Peters, Edward Shippen, jun".,
Esq™s.
The Governor having received Yesterday from the Assembly, by two Members, a List of the Draughts and Certificates proposed to be discharged by the Bill for the support of the Government of this Province, and Payment of the Public Debts, laid the same before the Board, which was read and follows in these Words, viz *:
Lists of Certificates :
£ s d
To the Honorable John Penn, Esquire, -
-
-
15 1 6 -
To Arthur Donaldson, - -
-
-
100 0 0
To John Reed for his Map, -
-
-
25 00
To Richard Mason, - -
16 7 6
To John Montgomery, Esquire, Expences for defence of the Frontiers, - - 6,000 0 0 To William Thompson, Esquire, ditto, - - - To ditto for ditto Balance of his Accot., -
759 1 7₺
To Joseph Shippen, Esquire, Secretary, -
100 0 0 -
To William Dewees, Sheriff, his Accot, -
-
16 90
To John Palmer, his Accot,
877
To a Committee of the House for their Account of Dis- bursements for the Province, 5,000 0 0 -
To Joseph Galloway, Esq'r., for his Certificate the last Year,
75 0 0
The Board then resumed the Consideration of the above men- tioned Bill, and being of Opinion that it would not be expedient at this Time to pass it into a Law, the Governor, by their Advice, re- turned it to the Assembly by the Secretary, with the following Message, which was drawn up at the Table, Viz't. :
A Message from the Governor to the Assembly.
" Gentlemen :
"It being unusual to make Provision for the discharge of the Orders drawn for the payment of the Public Debts before the end of the Year, at which Time there may probably be a sum sufficient for that purpose in the Treasury, arising from the Funds heretofore provided, I cannot think it proper to give my Consent to the Bill entituled :
6000
500 0 0 To John Reed, -
261
PROVINCIAL COUNCIL.
" An Act for the Support of the Government of this Province, and payment of the Public Debts.""
"JOHN PENN.
" June 28th, 1775."
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Thursday, 29th June, 1775.
MEMORANDUM.
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 Governor replied, he would be in the Council Chamber at twelve o'Clock for that Purpose.
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Council Chamber, 29th June, 1775, 12 O'Clock.
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 the Speaker 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 Sealed and deposited in the Rolls Office, and are entituled as follow, Viz't. :
" An Act to amend an Act entituled ' A Supplement to the Act entituled ' An Act entituled ' An Act appointing Wardens for the Port of Philadelphia, and for other Purposes therein mentioned.'"
" An Act for confirming the Estate of Daniel Andrew in and to certain Lands in Amity Township, in the County of Berks."
" An Act for confirming the Estate of the Heirs and Representa- tives of John Taylor, late of the County of Chester, Practitioner in Physick, deceased, in a certain Tract of Land in the Township of Bradford, in the said County."
At a Council held at Philadelphia, on Saturday 29th July, 1775.
PRESENT :
The Honourable JOHN PENN, Esquire, Governor. William Logan, Andrew Allen,
Benjamin Chew, James Tilghman,
Edward Shippen, jun™., Esquires.
The Governor laid before the Board a Petition from Mons". Do- minique Du Casse, Commander of the Schooner Mary, belonging to
262
1
MINUTES OF THE
the Inhabitants of Martinico, which was read, and follows in these Words, Viz1:
" To the Honourable JOHN PENN, . Esquire, Lieutenant Gov- ernor and Commander-in-Chief of the Province of Pennsylvania, and three lower Counties of New Castle, Kent, and Sussex, on Delaware.
" The Petition of Dominique Du Casse, Master of the Schooner Mary, belonging to Martinico, now in the Port of Philadelphia, Humbly Sheweth :
"That on or about the Sixteenth day of June last, your Peti- tioner sailed from the Island of Martinico, bound on a Voyage to Miquilan. That in Prosecution of the said Voyage he met with very hard and severe Gales of Wind, attended with very great and heavy Seas, in which the said Schooner, thro' Violent Strain- ing, was rendered very leaky, and made it impossible for him to proceed on the said Voyage, and your Petitioner was under the necessity of coming into this Port of Philadelphia, in order to repair his said Vessel, the Particulars of all which appears by your Peti- tioners Protest, duly made since his arrival here, herewith exhib- ited to your Honor. He therefore prays your Honour to permit bim to repair the said Schooner, and sail from this Port of Phila- delphia in prosecution of his said intended Voyage, And Your Petitioner, as in Duty bound, will ever pray, &cª.,
" DOMINIQUE DU CASSE.
" PHILADELPHIA, July 12th, 1775."
At the same Time was laid before the Board the Captain's Pro- test referred to in the above Petition, and the Board taking the said Petition and Protest into Consideration, and finding upon due Examination and Enquiry, that the Facts set forth in them are true, It is Ordered that the said schooner be examined, and the necessary Repairs made on her, and that She be then permitted to prosecute her intended Voyage, provided that she takes on board no Goods, Wares, or Merchandize whatsoever. Messieurs Merediths and Cly- mer are appointed to inspect the repairing of the said Schooner, and to transact the Business relating to her as Factors or Agents for the Master, during his continuance in this Port.
It being judged necessary to make an Addition to the Magistracy of Northumberland County, the Governor was this day pleased to issue a special Commission, appointing the following Gentlemen Justices of the Court of General Quarter Sessions of the Peace, and of the County Court of Common Pleas for the said County of Northumberland, vizt :
Samuel Maclay, John Simpson, Robert Robb,
Evan Owen, John Weitzell, Henry Antes.
263
PROVINCIAL COUNCIL.
MEMORANDUM, 8th August, 1775.
The Governor was this Day pleased, upon the Recommendation of one of the members of Council, to issue a special Commission, appointing John Clarke, Esquire, a Justice of the Court of General Quarter Sessions of the Peace and of the County Court of Common Pleas for the County of Bucks.
MEMORANDUM, at New Castle, Saturday 2d September, 1775.
PRESENT :
The Honorable JOHN PENN, Esquire, Governor.
Benjamin Chew, Esquires, Members of Council.
James Tilghman, S
The Assembly having met on the 21st of August, pursuant to adjournment, proceeded to Business, and during their sitting pre- sented to the Governor for his Concurrence, four Bills entituled as follows, Viz“:
"An Act for continuance of a former Act entituled 'A Supple- mentary Act to an Act entituled An Act for regulating Elections, and ascertaining the Number of Members of Assembly.'"'
"An Act for the more effectual ascertaining and fixing the limits of the several Counties within this Government, and for remedying some Inconveniences that may arise by the late Establishment of the Boundaries and Divisional Lines between the same and Mary- land."
?
"A Supplement to an Act entituled 'An Act to enable the owners and Possessors of several Tracts of Meadow Marsh and Cripple on Augustine Creek and Silver Run, in New Castle County, to make and keep the Banks, Dams, Canals, and Sluices in Repair, and to raise a Fund to defray the Expence accruing thereon.'"
"An Act for emitting the Sum of thirty thousand Pounds in Bills of Credit on Loan, and providing a Fund for the Payment of public Debts."
The said Bills were duly read and considered, and returned to the House by the Secretary, with a Verbal Message that the Gov. ernor gave his Assent to the three first mentioned, and with the following Amendments made to the Bill for emitting £ 30,000 in Bills of Credit on Loan, &cª. Viz' :
Page 12, Line 9. After the Word [of ] insert the Words [Gov- ernor and].
Page 13, Line 2. After the Word [ the ] insert the Words [Gov- ernor and ].
Same Page, Line 3. After the Word [appoint] insert the Words [and not otherwise ].
264
MINUTES OF THE
The Assembly thereupon held a Conference with the Governor, and mentioned thei» Objections to the Amendments; but after hear- ing His Honor's Reasons for not agreeing to the Bills, without having a Participation in the Disposition of the Interest Money to arise from the Money emitted on Loan, the House thought proper to accede to the proposed amendment.
-
Eodem Die, P. M.
A Committee of Assembly waited on the Governor with a Mes- sage from the House, requesting to know when and where he would be pleased to receive the House in order to pass the Bills. His Honor having answered that he was ready to receive the House immediately at his Lodgings, they accordingly attended there, and the Speaker presented the four Bills agreed on, which the Governor enacted into Laws, signed a Warrant for affixing the Great Seal thereto, and directed the Secretary to accompany two Members of Assembly to see them Sealed and deposited in the Rolls Office.
The Speaker, then, in behalf of the House, thanked the Gover- nor for his Care and Diligence in attending the Business of the Government, and delivered him Orders on the Trustees of the Loan Office for £105, for which The Governor returned the House his thankful Acknowledgments.
The Governor having taken into Consideration the State of the General Commission of the Peace for Sussex County, and finding it necessary to make some addition thereto, His Honor was this Day pleased to issue a special Commission, appointing the following Gentlemen Justices of the Court of General Quarter Sessions of the Peace and of the County Court of Common Pleas for the said County of Sussex, Viz" :
Job Ingram, Joshua Hill, John Laws, Isaac Horsey,
Jeremiah Cannon, ) Daniel Dingee, Luke Shield, JunT.,
Esquires.
MEMORANDUM, 20th September, 1775.
A Committee of two Members of the Assembly waited on the Governor, and acquainted him that a Quorum of the Representa- tives had met pursuant to adjournment, and were ready to receive any Business his Honor might have to lay before them. To which the Governor replied that he had no Business at present to lay before the House.
1
1
265
PROVINCIAL COUNCIL.
At a Council held at Philadelphia, on Thursday 21st Septem- ber, 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 a Transcript of the Record of a Court of Oyer and Terminer, held at Chester, for the County of Chester, by which it appears that James Willis was convicted of Felony and Murder, committed on the Body of a certain Daniel Culin, and had received Sentence of Death for the same; and the Judges of the said Court having reported no Circumstances in favor of the Criminal, it was the Opinion of the Board that the Sentence of the Court should be executed upon him on Saturday the thirtieth of September Instant, and the Governor issued a Warrant for that Purpose accordingly.
The Governor having received Imformation from the Prothono- tary of Bedford County, that a Man is confined in the Gaol of that County for the murder of his Master's Child, and that as the Gaol is very insecure, it is apprehended he may make his Escape before it may be convenient for the Judges to go up to try him, The Board advised the Governor to appoint special Commissioners of Oyer and Terminer for that Purpose ; and the Governor accordingly issued a special Commission of Oyer and Terminer, directed to Ar- thur St. Clair, Bernard Dougherty, and George Woods, Esquires, to hold a Court at Bedford, for the trial of the said Criminal.
The Governor, by the Advice of the Board, also directed a Com- mission to be made out, Re-appointing Thomas Willing, Esquire, third Justice of the Supream Court of this Province.
Ata Council held at Philadelphia, on Wednesday 27th September, 1775.
PRESENT :
The Honourable JOHN PENN, Esquire, Governor.
Richard Peters, James Tilghman, Esquires. Benjamin Chew, Edward Shippen, Jun".,
The Governor laid before the Board a Bill for the support of the Government of this Province, and Payment of the Public Debts, which being read, The Governor sent a Verbal Message to the House by the Secretary, requesting them to furnish him with a List of the Draughts and Certificates intended to be dis- charged by the said Bill, which was referred to further Considera- tion.
266
MINUTES OF THE
At a Council held at Philadelphia, on Saturday 30th Sep- tember, 1775.
PRESENT :
The Honorable JOHN PENN, Esquire, Governor.
Benjamin Chew, Edward Shippen, jun"-, S Esquires. Richard Peters, James Tilghman,
A Committee of Assembly having yesterday brought up to the Governor a List of the Certificates and Incidental Expences of Government, intended to be discharged by the Bill for the Sup- port of the Government and payment of the Public Debts, and being read over, it follows in these words, Viz":
Incidental Expences for the Year, 1775.
To the Honorable John Penn, Esquire, Governor and Commander, &cª., - £1,000 0 0 To the Honorable John Penn, Esq'r, for sundries
Bala. of his Acco't, - 35 11 11 To Benjamin Franklin, Esq'r, Agent for this Province
in London, Stg., - -266 13
To Benjamin Chew, Esq'r, Chief Justice of this
Province, - - 400 0 .0 To John Lawrence, Esq'r, one of the Assistant
Judges, -200 0 0 To Thomas Willing, Esq'r, do. for part of the Year, - 200 0 0 To John Morton, Esq'r, one of the Assistant Judges, 200 0 0 To Andrew Allen, Esq'r, his Salary as Attorney Gen-
eral, - - 75 0 0 To Thomas Mifflin, Esq'r, for Service on Committee of Acco'ts, 1 day, 10 0 To Michael Hillegas, Esq'r, for his Service on Com'ee of Accounts, 21 days at 10s per Diem, - - - 10 10 0
To Isaac Pearson, Esq'r, for ditto, 21 Days, - 10 10 0
To George Gray, Esq'r, for ditto, 21 Days, - 10 10 - 0
To Benjamin Chapman, Esq'r, for ditto 18 Days, -
9 0 0 To Charles Moore, Esq'r, for his Attendance as Clerk of the House, and for transcribing and engrossing
To Samuel Rhoads, Esq'r, for ditto, 5 Days, - 2 10 0 · Laws, &cª., - 00 0 To Abel James, for his Services as Assistant Clerk, - 30 0 0 To Joseph Shippen, Esq'r, his Salary as Clerk of the Council, - - 30 0 0 To Do. for his Acco't of Postage of Letters in public Affairs, - 12 14 4₺ To Do. for Stationary for the use of the Gov'r Procla- mations, &cª., - 18 3 0 -
267
PROVINCIAL COUNCIL.
To Edward Duffield, for his Care of the State House Clock for six months, - -
- 10 0 0 To David Rittenhouse, for do. do. - -
10 0 0 To Joseph Fox, Esq'r, his Salary as Barrack Master, 20 0 0 ·
To Do. as # Acco't. -
3 0 9
To William Bowsman, his Salary as do. for Lancaster, 7 0 0 To Do. as # Acco't, - To Edmund Physick, Esq'r, as Keeper of the Great Seal, - - 12 6 0
3 9 0
To William Parr, Esq'r, as Master of the Rolls, # Acco't, ,
0 0 0
To Messrs. Hall & Sellers, for printing Laws, Procla-
mations, &ca., as # Acco't, -
- 124
1 0
To the Estate of David Hall, late Deceased, -
7 17 0
To William Sheed, Serjeant-at-Arms, for his Services to the House
- 10 0 0
To Do. as Door keeper to the Council, 30 times @ 2s. -
3 15 0 6,
To And'w M'Nair, for his Attendance as Doorkeeper
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