USA > Pennsylvania > Colonial records of Pennsylvania, Vol. X > Part 5
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every Inhabitant of this Province, and the most secret parts of them, are liable to be broke open and entered in case of Non-payment of the assessment on a Precept from the County Commissioners ; be- sides, to subject the numerous Retailers within this Province to an entry of their Houses without oath or Warrant, as is declared in a part of the Bill to which your Honor makes no objection, and at the same time to exempt from such Entry, tho' upon Oath and Warrant, and impose a Penalty only on a few Importers for an equally Injurious Breach of the Law, would in our opinions, be such a Deviation from the Rules of Equity and Impartiallity, that we cannot think it justifiable to adopt.
"It is with much pleasure that we receive the Governor's As- surance that he 'wishes to promote the Welfare of the Province, and that he is so far from declining to receive Information on any occasion Relative to that important end, that he hopes we will do him the justice to believe that he shall ever be Ready to pay a proper regard to it,' as it induces us to hope, after these Reasons and Precedents offered to his Consideration, in favor of so important and necessary a Bill, he will pass it without further Hesitation. " JOSEPH GALLOWAY, Speaker. " March 17th, 1772."
The Governor thereupon declared to the Board that, though he continued of the same mind with respect to the Reasonableness and propriety of his Amendments to the Exercise Bill, he should now consent to pass it as it stands ; and the Secretary was directed to Carry it down to the Assembly, with the Bill for granting Four thousand pounds to his Majesty's use, and to acquaint the House that the Governor agreed to Enact them both into Laws whenever they should be presented to him for that Purpose.
Two Members of Assembly then waited on the Governor and pre- sented to him a Message from the House, which was read at the Board, and follows in these Words, Vizt:
" May it please your Honor :
" Having spent much time in forming the Loan Office Bill, on such principles as we apprehend, would secure the solidity of the Funds and Credit of the Bills, and at the same time give to all the Counties an Equal opportunity of participating in the benefits to arise from the Loans, we thought we had performed that part of our duty on a Plan the Local Circumstances of the Province con- sidered the most unexceptionable. But as we find ourselves, not- withstanding, so unfortunate as to differ in Sentiments with the Governor on the subject, and as he might otherwise be a stranger to the reasons and motives of our Conduct in this particular, we think it necessary to Communicate them, so far as they relate to objections mentioned in his last Message.
" In our Estimation, this Bill is one of the first Consequence to the Public Interest and Welfare. We expected by it greatly to
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advance the Improvement, Population and Commerce of the Province, besides raising on the People in the most easy and eligible manner, a Considerable Revenue. These important Objects in view, and earnestly desirous to accomplish them, we first debated and fully considered a Bill brought in on the Plan recommend by Your honor, of Former Loan Office Laws. In these ' the establish- ment of Offices in the several Counties' were omitted, and the Le- gislature Contented themselves with instituting only one in Phila- delphia ; nor were more necessary to the Infant state of the Pro- vince, when it consisted of four Counties only. The People and their Settlements were confined within a Narrow Compass ; the Trus- tees from the Neighboring Counties could attend their duty, and the borrowers procure the money and make their annual Payments with little Trouble and expence, on the days appointed. But, upon ap- plying this Plan to the Present Circumstances of the Province, so essentially varying from those which existed at the time it was adopted, and taking into our Consideration the addition of five new Counties, the great extent of their Settlements, the Distance of their Inhabitants from the City, the Difficulties, Trouble, and expence. which their Trustees in attending their Duty, and their People in procuring the Money and making their Annual Payments, would incur, it appeared to us, that adhering to the form of the old Bills in Establishing but one Office, and that in Philadelphia, would ope- rate in a great measure to exclude the People who were particular Objects of the Bill, and as many of them are indebted to the Pro- prietaries for Lands, stand most in need of its aid from a participa- tion in the Benefits to arise from the Loans. From these Inconve- niences, however calculated those Laws might be to the situation of the Province at the time they were formed, it seemed to us neces- sary, in our present Bill, so far to deviate from them as to put the five new Counties in a Capacity to partake of the Loans, in common with the rest of the People. To effectuate a purpose so desirable and just, we knew of no mode so adequate as that of instituting an ' Ofice in the several Counties.' If, then, an Office in each County is Necessary, impartially and extensively to diffuse the advantages to be derived from the Loans, and it be just (which your Honor does not seem to Controvert) to oblidge the Several Counties to the payment of their Respective Deficiencies, which might Arise from defective Titles and want of Value in the Estates mortgaged, we thought it also but Reasonable and just that the People on whose property those Deficiencies were to be Levied, should have a Share in the appointment of the Trustees who were to judge of the Vali- dity of those Titles and that Value. Nor were we apprehensive that ' Great inconveniencies,' if any, would arise from 'Vesting the Power of appointing them' in the Commissioners of the 'Counties, in Conjunction with any three Justices of the Peace,' as in this, as well as in constituting an Office in each County, wc did not Materially deviate from that Policy which the Legislatures
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of neighbouring Colonies, whose Circumstances are, in the point be- fore us, Similar to those of this Province, have for the like reasons, thought proper to adopt. Thus your Honour will perceive, that if we have deviated from old Forms, we have followed more applicable Precedents of & Modern date, which have met with his Majesty's Royal approbation.
" We assure the Governor, as he has been pleased to intimate that he has no Objection to a Loan Office Bill, it is with real con- cern we find that we have failed in Obtaining his Concurrence in a measure of so much Public importance, on a Difference in Senti- ment respecting the Form.
" But after the unusual length of our sitting, we must content ourselves with thus explaining the Reasons which moved us to fix on the Present Plan of the Bill, in hope that on Consideration of them they will have their due Weight with the Governor.
" JOSEPH GALLOWAY, Speaker.
"' March 17th, 17.72."
Friday 20th of March, 1772, A. M.
Two Members of Assembly waited on the Governor, and acquain- ted him that the House, intending to adjourn to-morrow, requested he would be pleased to appoint in the meantime two Members of Council to join with two Members of Assembly in Comparing the Engrossed Copies of the Bills which have been agreed to with their Originals; His Honor reply'd that he would Comply with their Request.
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At a Council held at Philadelphia, on Friday 20th March, 1772.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant -Gor- vernor &c.
Benjamin Chew,
Edward Shippen, junT., Esquires.
"The Governor laid before the Board a Bill entituled " An Act for laying out Roads and highways within this Province," which was read, and it being found to contain a Clause repealing that part of an Act of Assembly passed in the 12th year of the Reign of William the third, entituled " An Act to Impower the Justices in each County to Lay out and Confirm all Roads except the King's Highways and Public Roads, which impowers the Governor and Council to lay out public roads in this Province, it was returned to
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the House by the Secretary, with a Message that the Governor could not agree to pass it into a Law.
Then was Read and Considered a Bill entituled "An Act for the Relief of Richard Stephens with respect to the Imprisonment of his Person, which was agreed to and returned to the House with the Governor's assent.
A Committee of two Members of Assembly then waited on the Governor, and presented him for Concurrence two Bills entituled " An Act for Confirming the Estate of Samuel Phipps in and to Certain Lands in the Township of Goshen in the County of Ches- ter ;" and "An Act to declare and make void the pretended Mar- riage of Rebecca Vanakin with a Certain John Martin, and for other purposes therein mentioned," both which was read, and there appearing no objection to the first mentioned Bill, it was returned to the Assembly with the Governor's assent, and the latter was re- fered to for further Consideration To-morrow.
The same Committee acquainted the Governor that the House pro- posed to adjourn to the 18th of May next, if His Honour had no objection thereto, and also Requested the Governor would be pleas- ed to appoint a time for passing the Bills for which he had given his assent .. The Governor answered that he had no Objection to their proposed Adjournment, and that he should be ready to pass. the Bills at 12 o"Clock to-morrow.
At a Council held at Philadelphia, on Saturday 21st March, 1772.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gover- nor, &c ..
Lynford Lardner,
James Tilghman, Andrew Allen, Esquires.
Benjamin Chew,
Edward Shippen, jun.,
The Board resumed the Consideration of the Bill for declaring: and making void the Pretended Marriage of Rebecca Vanakin with a Certain John Martin, &ca., and the Secretary was directed to de- liver a Verbal Message to the Assembly, that the Governor thought proper to keep it under Consideration till their next sit- ting.
Council Chamber, Saturday 21st March, 1 o'clock, P. M.
Mr. Edward Shippen, Mr. Allen, and the Secretary, having Com- par'd the several Engrossed Bills with their Originals and found them
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to agree, The Governor sent a Message to the Assembly by the Secretary, requiring their attendance, that he might enact into Laws the several Bills which had received his assent. The House accor- dingly attended, and the Speaker presented to the Governor twenty nine Bills, which His Honour enacted into Laws, and signed a war- rant for affixing the Great Seal to them. The Laws were after- wards Deposited in the Rolls Office, and are entituled as follows, Viz· :
" An Act for the support of the Government of this Province, making the Excise upon wine, rum, Brandy, and other Spirits more Equal, and preventing Frauds in the Collecting and paying the said Excise."
"An Act for vesting a certain tract of 450 acres of Land, situ- ate in Frederick township, in the County of Philadelphia, com- monly called the Perkioming Copper mine tract, in trustees to be sold, and for other purposes therein mentioned."
" An Act for opening and better amending and keeping in Re- pair the Public Roads and highways within this Province."
"An Act for the sale of Goods distrained for Rent, and to se- sure such Goods to the Person destraining the same, for the better security of Rents, and for other purposes therein mentioned."
" An Act to prevent Frauds and abuses in the Manufacturing of Leather."
"An Act for regulating Chimney. Sweepers within the City of Philadelphia, the district of Southwark, and the Township of the Northern Liberties."
" An Act for Preventing Frauds and Perjuries."
" An Act for Granting to his Majesty the Sum of Four thou- sand Pounds, for the purposes therein mentioned."
" An Act to regulate the Assize of Bread, and for other Purpo- ses therein mentioned."
" An Act to enable William Kemble of the City of Philadel- phia, taylor, to hold lands, and to invest him with the Privileges of a natural born Subject of this Province."
" An Act for the recovery of divers sums of Money from the Persons therein Mente."
" An Act for rendering Justices of the Peace more safe in the Execution of their office, and for indemnifying Constables and others in acting in Obedience to their Warrants."
" An Act to enable the Commissioners therein named to settle the accounts of the managers of a Lottery, set up and drawn for repairing the meeting House, and building or repairing the House for the Residence of the Minister of the Presbeterian Congregation of Newtown, in the County of Bucks, and to sue for and Recover such sums of money as remain due and unpaid on account of the said lottery."
" An Act to enable the owners of ye. Lands called the Pidgeon Swamp, in the Township of Bristol, in the County of Bucks, to
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dig, maintain, and keep open a ditch through the said Swamp, and to raise money to defray the expence thereof."
" A Supplement to the act entituled ' An Act for the advance- ment of Justice and more Certain administration thereof."
" An Act for explaining and better ascertaining the Boundary lines of the County of Bedford."
" An Act for the more easy recovery of Legacies."
" An Act to enable the owners and possessors of a Certain Tract of Meadow Land, situate in the Borough of Chester, in the County of Chester, to keep their Dams, banks, Sluices, and flood-gates in good Repair."
" An Act to dissolve the Marriage of George Kehmle, of the City of Philadelphia, Barber, with Elizabeth his wife, late Eliza- beth Miller, and to enable him to Marry again."
" An Act" for confirming the Estate of Adam Simon Kuhn, in and to a Certain lot of Ground in the borough of Lancaster, one of the Title Deeds whereof is lost."
" A Supplement to the Act entituled ' An Act against adultery and Fornication.'"'
" An Act for the Relief of such persons as Conscientiously Scru- ple the taking of an Oath in the Common Form."
" An Act for erecting a part of the Counties of Lancaster, Cum- berland, Berks, Northampton, and Bedford, into a Separate County."
" An Act for raising a fund to pay the damages done by Dogs in the City and County of Philadelphia, and the County of Bucks."
" An Act for the safe keeping and preserving the Records and other Public papers of the County of Bucks."
" An Actfor the Relief of William Faries, John Gillard, Charles Hicks, and John Reynolds, languishing Prisoners in the Goal of Philadelphia, and William Bennet and Felix M'Cowan, languishing prisoners in the Goal of York County, with respect to the Imprison- ment of their Persons."
" An Act for Confirming the Estates of John Pawling, Joseph Pawling, Abraham Sahler, Peter Reimer, Bernard Kepler, and An- drew Heiser, in and to Certain lands in the County of Chester."
" An Act for Confirming the Estates of Samuel Phipps, in and to Certain Lands in the township of Goshen, in the County of Ches- ter."
" An Act for the Relief of Richard Stephens, with respect to the Imprisonment of his Person."
1
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At a Council held at Philadelphia, on Tuesday 24th March, 1772. PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gover- nor, &c.
James Tilghman, 2 William Hicks, S Esquires.
The Law having past on Saturday last, for erecting a part of the Counties of Lancaster, Cumberland, Berks, Northampton, and Bed- ford, in a Separate County, called Northumberland County, and it being judged proper that a General Commission be issued without Delay, appointing Justices of the Peace, &c., in the same, After due Consideration, the following persons were agreed on to be the 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, and Commissionated Accordingly, Viz* :
William Plunket,
Turbut Francis,
Samuel Hunter,
Benjamin Allison, Robert Moody, John Loudon,
James Potter,
Thomas Lemmon, 1 Esquires.
William Maclay,
Caleb Graydon,
Ellis Hughes, and Benjamin Weiser,
At the same time, the Governor was pleased to appoint William Maclay, Esquire, to the Several Offices following, in the County of Northumberland, by three Separate Commissions, under the Great Seal of the Province, &c., Viz': Prothonotary or Principal Clerk of the Court of Common Pleas, Clerk or Register of the Orphans' Court, and Recorder of Deeds.
At a Council held at Philadelphia, on Monday 13th April, 1772.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gov- ernor, &c.
William Logan,
James Tilghman, Andrew Allen, Esquires.
Benjamin Chew,
Edward Shippen, jun.,
The Governor laid before the Board the Transcripts of four Re- cords of Conviction, by which it appears that at a Court of Oyer and Terminer and General Goal Delivery, held at Chester, for the County of Chester, on the twenty-third day of March last, before William Allen, John Lawrence, and Thomas Willing, Esquires, Justices of the Supream Court and of the said Court of Oyer and Terminer, Patrick Kennedy, Thomas Fryer, Neal McCariher and James Dever, were Respectively Convicted of a Rape, committed on the thirtieth day of November last, upon the Body of a Certain
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Jane Walker, in the Township of Thornbury, in the said County, and each of them had received Sentence of Death for the same.
The said Records being taken into Consideration, and the said Justices having Recommended the three last Mentioned Criminals as Objects of Pity and Compassion, the Governor was pleased to grant them a Reprieve during his Pleasure. And the Judges of the said Court having Reported no favourable Circumstances in be- half of the said Patrick Kennedy, The Governor directed that a Warrant be issued for his Execution on Saturday the 2d day of May next. The reprieve and Warrant were accordingly made out, and dispatched with a letter of Instructions to the Sheriff of Chester County next day.
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MEMORANDUM, the 15th of April, 1772.
Joseph Galloway, Esquire, having acquainted the Governor that he had lately received a Threatning Letter from a person unknown, and requested his Honor to issue a Proclamation offering a Reward of one hundred pounds for apprehending the author of it, and a Pardon to any of his Accomplices who should inform against him, The Governor this day Issued a Proclamation in the words follow- ing, Viz *·:
" By the Honourable RICHARD PENN, Esquire, Lieutenant Gov- ernor and Commander-in- Chief of the Province of Pennsylvania, and Counties of Newcastle, Kent, and Sussex, on Delaware :
"A PROCLAMATION.
" WHEREAS, Information hath been made to me, that on the Fourth of this Instant, in the Evening, a Letter was left with Joseph Sellers, Blacksmith, living near the five mile stone on the Road leading from Philadelphia to Chester, by a person in Com- pany with two or three others travelling towards Darby, with request that he would send it to Joseph Galloway, Esquire, of which Letter the Following is a Copy.
" Mr. JOSEPH GALLOWAY."
" I stand in need of 50 pounds & desire you would not fail to let me have it against the 10 of this month, by leaving it Close behind the 5 Mile Stone between Philadelphia & Darby. I shall pay you in a year with Interest. Sir I shall pay you to a day. N. B. If you dont leave it you shall sorely repent it in a few days and wish you had left it; you shall be sure of it again. From a
" CHESTER COUNTY MAN.
" April ". 2, 1772."
" Directed to Mr. JOSEPH GALLOWAY, Esq'. These.
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"AND WHEREAS, Public Justice requires that such Dangerous Practices should be discouraged, and that the author of the Said Letter and his accomplices should be discovered and brought to con- dign Punishment, I have thought fit, with the advice of the Coun- cil, to issue this Proclamation, hereby offering a Reward of one hun- dred pounds to any person or persons who shall make known the writer of the said Letter, and any of his accomplices, so that they be Convicted thereof; And for the better discovering the Princi- pal Offender, I do hereby promise a Pardon to any one of the Per- sons concerned with him who shall inform against him, so that he be prosecuted to Conviction.
" Given under my hand and the Great Seal of the said Province, at Philadelphia, the fifteenth day of April, in the Year of our Lord one thousand seven hundred and seventy-two, and in the twelfth year of his Majesty's Reign.
" RICHARD PENN.
" By his Honor's Command. " JOSEPH SHIPPEN, Jun". Secretary. "GOD SAVE THE KING."
At a Council held at Philadelphia, on Monday the 27th of April, 1772.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Go- vernor, &cª,
Richard Peters,
James Tilghman, Esquires.
Edward Shippen, Junior,
It being judged necessary to make some additions & alterations in the Commission of the Peace for Philadelphia County, after due Consideration, a List of Persons was prepared at the Table, including such as were thought proper to be continued, as well as several others proposed and Recommended as fit and qualified to execute the Duty of Magistrates, who were approved of and agreed on to be the Justices of the Court of General Quarter Sessions of the Peace and of the County Court of Common Pleas for the County of Philadelphia, and a General Commission was issued accordingly, Vizt .:
James Hamilton, Thomas Cadwallader, James Tilghman, Andrew Allen,
Joseph Turner, William Logan, Benjamin Chew, Lynford Lardner, Richard Peters,
Esquires, Members of the Proprieta-
Edward Shippen, Jr. & fry and Gover- William Hicks
nor's Council.
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and Isaac Jones, Samuel Ashmead,
John Allen,
James Young, .
Samuel Mifflen, Jacob Duche,
John Gibson,
John Potts,
Samue Shoemaker,
John Moor,
William Parr,
Thomas Rutter,
Archibald McClean,
James Deimer,
John Bull,
Samuel Potts,
George Bryan,
George Clymer,
Frederick Antes,
Samuel Irwin,
James Biddle,
Lindsay Coats &
Alexander Edwards,
Charles Bensel.
Esquires.
It was also agreed, that the three following Gentlemen be con- tinued Justices of the Peace and Common Pleas for the County of Philadelphia, by three Special Commissions, in order to accom- modate them in their offices of Notary Public, by enabling them to take the acknowledgments of Deeds, &ca", Viz *:
James Humphreys, Mathew Clarkson, Peter Miller.
The Governor also directed the Secretary to make out a Com- mission of Notary and Tabellion Public for Mr. John Ord, and a Special Commission appointing him a Justice of the Peace and Common Pleas for the County of Philadelphia, in order to enable him to take the acknowledgments of Deeds.
The Governor laid before the Board a Return and Draught of a Road from the Southermost line of the land Belonging to the Es- tate of William Masters, deceased, to the old Germantown Road, laid out, surveyed and Returned into the Provincial Secretary's Office, pursuant to an Order of Council of the 16th of November last, and there appearing no objection to the said Road as laid out, The Board on due Consideration thereof, are of opinion that the same ought to be confirmed, and the said Road is accordingly by the Board adjudged to be forever hereafter a Public Road or King's Highway. It is therefore ordered, that the Supervisors of the Highways for the township of the Northern Liberties, do with all Convenient speed, cause the same to be cleared and opened of the Breadth of Sixty feet, according to the course set forth in the said Return, which follows in these words, Viz" :
" To the Honourable RICHARD PENN, Esq'r., Lieutenant Gor- nor and Commander-in-Chief of the Province of Pennsylvania, and to the Hon'rble Council :
" Pursuant to the anexed Order of the President and Council of the said Province, We, the Subscribers, do hereby Report and Cer- tify that we have Carefully viewed and examined the Ground be-
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tween the Southermost line of the Land belonging to the Estate of William Masters, deceased, where the Old Public Road leading from the North end of Fourth Street terminates and the Germantown road ; and being of opinion that a road Extended from thence in a strait line to Germantown Road, will be of Great Utility and Convenience to the Public, have accordingly laid out the same : Begin- ing at the end of the said old Road, and thence extending through the said Land in one direct Course, North thirteen degrees and an half, east one hundred and Seventy perches and eight-tenths of a Perch to the Germantown Road, a draught of the Survey whereof is here- unto annexed ; And we conceive that, if the said Road be opened accordingly and Confirmed as a King's Highway, it will be attended with less Expence and more Convenience to the Public, as well as greater benefit to the owner of the Ground thro' which it passes, than if laid out and opened in any other manner.
" Witness our hands, the 13th day of April, 1772. "EDWD. DUFFIELD,
"LUKE MORRIS, "JOS. HOX, "JACOB LEWIS, " JONA. EVANS."
The 4th of May, 1772.'
MEMORANDUM.
The Governor was this day pleased to appoint Samuel Powell and Henry Hill, Esquires, Justices of the Court of General Quar- ter Sessions of the Peace and of the County Court of Common Pleas for the County of Philadelphia, by two Special Commis- sions.
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