USA > Pennsylvania > Colonial records of Pennsylvania, Vol. X > Part 3
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PROVINCIAL COUNCIL.
for the better discovering the said Offenders, I do hereby Promise His Majesty's most Gracious Pardon to any one of the Persons concerned therein, who shall inform against or make known any one or more of the Principals or their accomplices, so that he or they be prosecuted to Conviction within this Province.
"Given under my Hand and the Great Seal of the said Province, at Philadelphia, the fifth day of December, in the twelfth Year of His Majesty's Reign, and in the Year of our Lord one thousand seven hundred and seventy-one.
" RICHARD PENN.
"By His Honour's Command. "JOSEPH SHIPPEN, Jun"., Secretary. "GOD SAVE THE KING."
MEMORANDUM, the 1st of January, 1772.
The Governor was this day pleased to appoint Peter Miller, Esquire, a Justice of the Court of General Quarter Sessions of the Peace and of the County Court of Common Pleas for the City and County of Philadelphia, by a Special Commission, in order to accommodate him in his office of Notary and Tabellion Public, by enabling him to take the Acknowledgements of Deeds, &cª.
MEMORANDUM, the 7th of January 1772.
Two Members of Assembly waited on the Governor with a Ver- bal Message, acquainting him that the House were met pursuant to Adjournment, and desired to know if His Honour had any Busi- ness to lay before them, to which the Governor Replyed that he had no particular Matter now to Recommend to their Consideration, but as soon as any occurred he should Communicate the same to the House.
At a Council held at Philada., on Wednesday 8th January, 1772. PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gover- nor, &cª
William Logan,
James Tilghman, ) Edward Shippen, & Esquire.
Lynford Lardner,
William Hicks,
The Governor laid before the Board a Letter from Captain Suth- erland, commanding the King's Troops in the Barracks of this City,
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MINUTES OF THE
with a Report of the Deficient state of the Barracks, and the Furni- ture and Necessaries wanted to Accommodate the Troops therein, which were Read, and the Letter follows in these Words, Vizt:
" PHILADELPHIA, Janu'y., 5th, 1772. " Sir :
" I have taken the Liberty of enclosing to you a return of the Bedding, Barrack Furniture, &c., wanting for the Regiment under my Command, which I beg may be, through you, laid before the Honourable House of Assembly, that Provision may be made for supplying them. You will see by the inclosed state that the al- lowance hitherto made, is in every Respect inadequate, particularly with regard to the article of Bedding, which the present Severity of the Weather renders absolutely Necessary, as they have at present only one Blankett per man. The allowance of small Beer, &ca., which is allways made to his Majesty's Troops wherever they are quartered, will, I flatter myself, meet with no Obstruction when Represented by you, particularly from a Province which has always been Remarkable for providing in a proper manner for the Troops quartered with them.
" I hope the absolute Necessity there is for this application, will, in some part, apologize for this trouble, being well assured that if it solely depended upon Yourself, the solicitation would be unneces- sary. I have the honor to be, Sir,
" Y". most obedient Servant, " NICHOLAS SUTHERLAND. " The Honb. RICHd. PENN, Esq"."
The Governor thereupon, by the advice of the Board, immediately sent the following Message to the Assembly by the Secretary, di- recting him at the same time to lay before them the report therein Referred to, which was accordingly done.
" Gentlemen :
" Having received from Captain Sutherland a report of the Pre- sent State of the Barracks, with an Account of many Articles said to be wanting for the accommodation of the Officers and Soldiers quartered there, at his request I have ordered the Secretary to lay the same before you for your Consideration, with an Assurance that I shall be ready to join you in any thing you may Judge proper, or that can reasonably be expected to be done on this Occasion.
" RICHARD PENN.
" January 8, 1772."
-
Eodem die, P. M.
Two Members of Assembly waited on the Governor and presented him a Message from the House in the following words, viz':
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PROVINCIAL COUNCIL.
" May it please your Honour :
" In September, 1772, the then House of Assembly presented to the Honourable John Penn, late Governor, a Remonstrance relative to Certain Grievances suffered, and Demands made by the People of Lancaster and Cumberland Counties, for the payment of Car- riages employed by Lieutenant Colonel Wilkins in his March to Fort Pitt, with the necessary Affidavits and Papers to support them, requesting that he would represent them to his Excellency General Gage. The Remonstrance a papers being Transmitted accord- ingly, his Honour, in February, 1771, Communicated to the House a Letter from his Excellency, assuring him that 'the Papers trans- mitted should be laid before the Proper Officers for examination, with as little delay as Possible, and that he would do all that de- pends on him to redress the Grievances Complained of.' Neither the late or present House having heard any thing further on this Subject, and the Sufferers remaining unredressed, we request your Honour would obtain Information from his Excellency of what has been further done relative to this Affair.
"Signed by Order of the House.
"JOSEPH GALLOWAY, Speaker.
"January 8th, 1772."
To which the Governor soon after returned the following answer by the Secretary, viz":
" Gentlemen :
" Upon Enquiry, Ido not find that either the late Governor, or the President and Council after his leaving the Province, have Receiv- ed from General Gage any further Information than what has al- ready been Communicated respecting his proceeding upon the ap- plication made to him in Behalf of the people of Cumberland and Lancaster Counties, on account of their Demands for Carriages em- ployed by Colonel Wilkins on his March to Fort Pitt : I will, there- fore, agreeable to your Request, immediately write to his Excellen- cy upon the Subject, and when favoured with his answer, make the House acquainted with it.
" January 8, 1772."
" RICHARD PENN.
VOL. X .- 2.
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At a Council held at Philadelphia on Thursday 23d January, 1772.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gov- ernor, &cª.
Benjamin Chew, Edward Shippen, Junior,
James Tilgham, William Hicks, S Esquires.
The Governor laid before the Board three Bills which had been sent up to him by the Assembly for his Concurrence, and are enti- tuled as follows, viz“:
" An Act for enabling the Justices of the Supream Court and Common pleas to Issue Commissions for taking the examination of Witnesses in Foreign parts and for Perpetuating Testimony."
" An Act to regulate the assize of Bread, and for other Purposes therein mentioned."
" An Act for preventing Frauds and perjuries."
Which being severally read, the last mentioned Bill was return- ed to the House with a few small amendments, and the two others Referred to further Consideration.
-
Monday 27th January, 1772, P. M.
The Governor having received a Letter last Saturday from His Excellency General Gage, in answer to a Letter he had wrote to him the ninth Instant, sent the following Messuage to the Assembly by the Secretary, which he delivered this afternoon to the House, and at the same time laid before them the said Letter, with the several papers which accompanied it, and are therein Referred to : " Gentlemen :
"In Compliance with the request you were pleased to make at the Begining of this Session, I immediately wrote to General Gage, desiring that I might be acquainted with the Result of the application made to him respecting the demands of the People of Lancaster and Cumberland Counties, for Carriages employed by Colonel Wilkins, in his March to Fort Pitt. I am just now favour- ed with his Excellency's answer, which I have Ordered the Secre- tary to lay before you, together with several other papers relating to the Matter, transmitted to me at the same time.
" RICHARD PENN.
" January 25, 1772."
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PROVINCIAL COUNCIL.
"NEW YORK, January 19, 1772.
" Sir :
" I have received your Letter of the Ninth Instant, respecting the Papers transmitted to me, which contain Demands of the People of Lancaster and Cumberland Counties for Carriages em- ployed by Lieutenant Colonel Wilkins, on his March to Fort Pitt, with Several Companies of His Majesty's Eighteenth Regiment, in the year 1768.
"The distance of Time betwixt the March of said Troops and the Demands of the People concerned, together with the very great Distance of the Regiment, has rendered it difficult to ascertain the Propriety of these Demands, though I have taken every step in my power to do it.
"The papers have been- laid before the deputy Quarter Master General, to whose department the Contents properly belong, and I transmit you his Report to me thereupon.
"It became necessary likewise to send Copies of them, with a Copy of the remonstrance of the Assembly to their late Governor, to Lieutenant Colonel Wilkins, and I inclose you a Copy of his Letter to me in answer thereto, with Copies of Orders given by him relative to the Carriages, and of the Certificates of the Officers who commanded the Several Companies, two excepted, who are since dead, of the Sums they respectively paid to the Waggoners.
" If the Waggoners have Received the Sums directed to be paid them by Act of Parliament, Viz : Fourteen pence Sterling per Mile, for a Waggon that carries Twenty-four Hundred Weight, for as many Miles as they Marched with the Troops, it is as much as . they were intitled to receive. It appears from the Deputy Quarter Master General's Report and other Papers, that the paymaster of the Regiment has Received the amount thereof, and from the Of- ficers' Certificates that the same was paid to the Waggoners, and no greater Charge can be made to Government on the Head of Car- riages for the Marching of Troops in time of Peace ; When they are in the Field, different Methods are pursued.
"Some of the Drivers having alledged that they received provi- sions from the King's Magazines, and were made to pay double what is stopped from the Soldier, I ordered the Commissary General to Inspect into the Issues of 1768, in the Pennsylvania department from Philadelphia to Fort Pitt, who has sent me a Return thereof, and acquainted me by Letter that the Contractors have made no Charge for Rations to Waggoners, and that the whole of the Receipts for Provisions issued, are Included in Lieutenant Colonel Wilkins' General receipt for Stoppages from the Soldiers.
" It is, however, possible, that the Drivers may have been victu- alled with the Soldiers and Receipts given for them as soldiers, in which case we may suppose Stoppages were made from them, as the Soldiers have paid for all that was Issued. This is only Conjecture; but if it proves true, and that the Waggoners can ascertain the Ra-
-
20
MINUTES OF THE
tions they received, and the Stoppages made from their Hire on that Account, properly Certified, it will be in my power to redress them on that point, it having been usual to allow Waggoners carry- ing Baggage on a march with Troops, a ration of Provisions Gratis when they passed the Frontiers.
" One of the Claimants, viz" : Kilheffer, charges for the loss of a Horse, but there is no regular appraisement of his Value, or Cer- tificate that the Horse was lost in the service ; there is, however, a Voucher of his Value, an if Kilheffer produces a proper certificate from the Officers that the Horse was actually lost in the Service, he shall be paid accordingly ; this is all in my power to do.
"Captain Chapman, of the eighteenth Regiment, at Present in Philadelphia, was on the march with Lieutenant Colonel Wilkins, and may be able to give some account of these matters, and shall be wrote to.
" Many unforseen accidents will happen on Marches, which occa- sion Damage and Loss to the owners and Drivers of Waggons, and the acts of Parliament made in these Respects, as well for Great Britain as America, direct in What manner they are to be indem- nified.
"I inclose the People's Demands, "and have the Honor to be, Sir. "Your most Obedint and most humble Servant, "THOMAS GAGE."
At a Council held at Philadelphia, on Wednesday 29th Janu- ary, 1772.
PRESENT :
The Honourable, RICHARD PENN, Esquire, Lieutenant Gov- ernor, &ca.
Lynford Lardner,
Andrew Allen,
Benjamin Chew,
Edward Shippen, jun"-, Esquires.
James Tilghman, William Hicks,
The Board resumed the Consideration of the Bill intituled " An Act for enabling the Justices of the Supream Court and Common Pleas to Issue Commissions for taking the examinations of Wit- nesses in foreign Parts and for perpetuating Testimony,"-which being intended to vest in the Courts of Common Law, some of the Powers of a Court of Chancery appears to be expressly Contrary to one of the Proprietary Instructions which the Governor shewed to the Board. The Council therefore concurred with the Governor in Opinion, that he could not Consistent with his duty give his assent to it, and the Governor accordingly ordered the Secretary to Return the Bill to the Assembly, with a Verbal Message to the House that he could not agree to pass it into a Law.
1
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PROVINCIAL COUNCIL.
At a Council held at Philadelphia, on Saturday 8th Feb- ruary, 1772.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gover- nor, &c.
Benjamin Chew,
James Tilghman, William Hicks,
(Esquires.
The Board resumed the Consideration of the Bill entituled " An Act to regulate the assize of Bread and for other purposes therein mentioned," to which a few amendments were made, and the Bill was returned with the same to the House.
The Governor laid before the Board two Bills sent up by the Assembly for his Honor's concurrence, entituled as follows, vizt :
" An Act for the sale of Goods destreined for Rent, and to se- cure such Goods to the Persons destreining the same, for the better security of Rents, and for other Purposes therein mentioned."
" An Act to prevent Frauds and abuses in the manufactoring of Leather," which were read and refered to further Consideration.
The Governor also laid before the Board a letter he just now Re- ceived from Sir William Johnson, which was read and is as follows, viz :
JOHNSON HALL, Janry. 29th, 1772.
" Sir :
"I am just favoured with your Letter of the 9th instant, and take this first opportunity which has offered, thro' the want of a Personal acquaintance, to Congratulate you on your taking upon you the Government of Pennsylvania which I do with great sin- cerity, from the Esteem I have for all the Branches of your Family.
" I have perused the Papers you transmitted, the design of which I can easily Comprehend, and that you may understand the same, I shall explain the Affair in such a manner as will sufficiently account for the application of the Indians.
" The Shawanese, Delawares, Munsies, &cª., have been, and are to be Considered as Dependants on the Five Nations, and having Nothing to do with the western Indians further than in an Inter- course common with all Indians in time of Peace. But as they resided at a distance from the Chief Residences of the five Nations, I thought it necessary to appoint a Deputy for the District of the Ohio, &ca., in which they were comprehended; during the War, and afterwards for a time, they partook liberally of his Majesty's Bounty, and another officer was appointed as a Commiss'y., to Inspect the Trade at Fort Pitt and prevent abuses, but the expences of Presents and additional Establishments were thought too Great by the Crown, and therefore, by his Majesty's Orders, the Commiss'y. &cª., were
22
MINUTES OF THE
discontinued, the affairs that merely Regarded Trade, recommended to the care of the Colonies, and the allowance for my department limited to a' Certain sum, which, after deducting the Sallaries of necessary officers, and other Incidental Expences would by no means admit of any of those Largesses which they had formerly experi- enced from the various wants of so many Nations as are within the Northern Department. The Deputy agent was still retained at Fort Pitt to receive their Speeches, and to treat with them from time to time, as he should be directed, and occasionally furnished them with necessary Presents; and this office has not been discontinued, but a proper officer is now at the Ohio to hear them whenever they have any Business, so that this Application to you is only from a few People, who want more favors than they deserve, or than Govern- ment inclines to bestow, not only without the Knowledge, but Con- trary to the Inclination of the Five Nations, whose names (as they are a busy people) they but too often make use of, because that they are Connected with some Emigrants from the Senecas, and some others of the Five Nations who have removed from under the In- fluence of their Chiefs to the Ohio. It is Certainly to be wished that all the Colonies Concerned may unite in regulating the Trade, and appointing Proper Persons to Inspect it. This has been long Promised, and is expected by all the Indians. But all other mat- ters are by His Majesty's Express Orders, Solely confined to one Channel, namely: that of my department; for the conducting of which the same Officers are kept Up as formerly, and in the same places, except those regarding Trade, which I have already men- tioned, have been struck off by his Majesty's Command. You will from hence easily perceive the motives which Occasioned the Appli- cation of these two Tribes to you, the answer to which is obvious, as they cannot complain of the want of any Officers but those for the Regulation of Indian Trade, which no longer depends on the Crown. "I am, with much Esteem, Sir, " Your most obedient,
" And very humble Servant, "W. JOHNSON.
At a Council held at Philadelphia, on Wednesday 12th February, 1772.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gov- ernor, &cª.
Benjamin Chew,
James Tilghman, - Esquires.
William Hicks,
The Board resumed the Consideration of the Bills entituled " An Act for the Sale of Goods distrained for Rent, and to secure such
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PROVINCIAL COUNCIL.
Goods to the Persons Distraining the same, for the better security of Rents, and for other purposes therein mentioned," and " An Act to prevent Frauds & Abuses in the Manufacturing of Leather," which were read, and a few small amendments being made to the first mentioned Bill, and the following amendments to the Last, they were both ordered to be returned to the House with the same :
Amendment 1. Page 13. Dele from the word [and] inclusive, in line 3, to the word [allowed] inclusive, in the last line.
2. Page 27, Line 2. Dele the words [the Assembly appoint an- other], and insert the words [another shall be appointed by Act of General Assembly ].
3. page 28, line 11. Dele from the word [that] in line 11, to and instead thereof insert as follows, the end of the Bill, to wit :
That so much of an Act of Assembly of this Province, made in the 7th year of his Majesty George the 1st, entituled " An Act for the well Tanning and currying of Leather, and regulating of Cord- wainers, and other artificers, using and Occupying Leather in this Province, " as relates to the Tanning & Currying of Leather, to the Prices of Leather, and Shoes, and Boots, and such other parts of the said Act as by this act is altered, amended, or supplyed, shall be, and is hereby Repealed."
At a Council held at Philadelphia, on Monday 17th Febry 1772.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gover- nor, &cª.
William Logan,
Edward Shippen, jun"-, ? Esquires.
Lynford Lardner, William Hicks,
The Governor laid before the Board four Bills sent up to him by the House of Assembly for his Honor's Concurrence, entituled as follows, Viz“ :
" An Act to regulate Chimney sweepers within the City of Philada., the district of Southwark, and the Townships of the Northern Lib- erties."
" An Act for Opening, and better amending and keeping in Re- pair the Public Roads and Highways within this Province."
" An Act for the safe keeping and preserving the Records and other Public Papers of the County of Bucks."
" An Act for vesting a Certain Tract of 150 acres of Land, situ- ate in Frederick Township, in the County of Philadelphia, com- monly called the Perkiomen Copper Mine Tract, in Trustees, to be sold, and for other Purposes therein mentioned." Which being sev- erally read and considered, were Ordered to be returned by the Sec-
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MINUTES OF THE
retary to the House with an Amendment made to each of the two first mentioned Bills, and a Verbal Message, that his Honour could not agree to Enact the third Bill into a Law, and that he gave his assent to the last mentioned Bill.
The Bill for preventing Frauds and abuses in the Manufacturing of Leather, was again sent up to the Governor with the following answer from the Assembly to the Governor's Amendments, Vizt :
[Here follows half page in Council book blank.]
Which being considered, the Governor by the advice of the Board, returned the said Bill to the House, with a reply to their answer that he declined their Proposal, and adhered to his Second amendment.
At a Council held at Philadelphia, on Monday the 24th February, 1772.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gover- nor, &cª.
William Logan,
James Tilghman,
Benjamin Chew,
Andrew Allen, Esquires.
Edward Shippen, JunT.,
The Governor laid before the Board two Bills sent up by the As- sembly for his Honour's Concurrence, entituled " An Act for the support of the Government of this Province, making the Excise on Wine, Rum, Brandy, and other spirits more equal, and prevent- ing Frauds in the Collecting and paying the said Excise," And " An Act for Granting to his Majesty the sum of Four thousand Pounds for the purposes therein mentioned."
Which were read and Referred to further Consideration.
- -
At a Council held at Philadelphia, on Saturday 29th February, 1772.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gover- nor, &cª.
William Logan,
Benjamin Chew,
Richard Peters,
Edward Shippen, jun™-, Esquires.
Lynford Lardner,
William Hicks,
The Board resumed the Consideration of the Excise Bill, and having spent some time therein, it was referred, to be more fully considered on Monday next.
25
PROVINCIAL COUNCIL.
At a Council held at Philadelphia, on Monday 2d March 1772. PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Go- vernor, &cª.
Benjamin Chew, Edward Shippen, Junior, Esquires.
James Tilghman,
William Hicks,
The Excise Bill being again Considered, the following amend- ments were made thereto, and the Secretary was ordered to carry them to the Assembly with the Bill, and at the same time to acquaint the House that the Governor requested them to furnish him with a list of such Draughts and Certificates as are Intended to be discharged by the Bill.
Amendment 1st, Page 25. Antepenult line-after the word [Act] add the words [and during the space of ten years next fol- lowing. ]
2d. Page 36. Antepenult line-Dele the word [shall.]
3d. Page 37, line 3 .- Dele the word [so.]
4th. Page 37, line 5. After the word [forfeiting ] insert the words [the value of.]
5th. Page 37, line 5. After the word [aforesaid ]-Dele the words [with the value thereof for every such offence.]
6. Page 37, line ult. After the word [time]-Dele the words [and if necessity requires to break open any Door of any House, Store, Shop, Cellar Vault or other Room of such Offender, to search for, discover and seize the Liquors so forfeited] and insert the words [into any House, Store, Shop, Cellar, Vault or other Room of such offender, the doors of which he shall find open, to search for, discover, Gauge and examine the Liquors aforesaid, and on the said Collector's request, to enter into any House, Store, Shop, Cel- lar, Vault, or other Room in the Possession of the Offender, the Doors of which he shall find Locked, bolted or otherwise fastened. If the said offender shall refuse or neglect to open such Doors, or to permit the Officer having such Warrant to search for, gauge and examine the Contents of any Casks or Vessels of Liquor in any such House, Store, Shop, Cellar, Vault or other Room, every such Person, for every such offence, shall forfeit and pay the sum of Twenty pounds.
7th. Page 40, line penult. After the first word [and] insert the word [by. ]
8. Page 41, line 5. Instead of [always] say [also.]
9. Page 56, line 3 .- Dele the words [repealed, null and void,] and instead thereof insert the words [and is hereby repealed, made null and void.]
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MINUTES OF THE
Tuesday the 3d March, 1772, P. M.
Two Members of Assembly again brought up the Excise Bill to the Governor, with a verbal Messuage that the house adhered to the Bill, and at the same time delivered to his Honour an Estimate of the Public Debts referred to therein.
Eodem Die. P. M.
The Governor by the Secretary, returned the Excise Bill to the Assembly, with a verbal Messuage that he adhered to his proposed amendments.
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