USA > Pennsylvania > Colonial records of Pennsylvania, Vol. X > Part 6
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19th May, 1772.
Upon the Recommendation of the Justices of the Court of Gene- ral Quarter Sessions of the Peace for the County of Northumber- land, in favor of William McClay, Esquire, The Governor was this day pleased to issue a Commission appointing the said William McClay Clerk of the Peace and of the Court of General quarter Sessions of the Peace for the said County.
The 19th June, 1772.
MEMORANDUM.
Isaac Hicks, Esquire, having been Recommended by the Justices of the Court of General Quarter Sessions of the Peace for the
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MINUTES OF THE
County of Bucks, as a Proper person to execute the Office of Clerk . of the Peace, The Governor was this day pleased to issue a Com- mission appointing the said Isaac Hicks Clerk of the Peace and of the Court of General quarter Sessions of the Peace for the said County of Bucks.
New Castle, Wednesday June 10th, 1772.
The Governor having by appointment with the Assembly, at- tended here this day, a Committee of the House waited on him with a Messuage, acquainting him that the House had met the first Instant, pursuant to their adjournment, and requested to know if the Governor had any Business to lay before them ; to which his Honour made answer, that he had not any thing at present to re- commend to them, but was now Ready to take into Consideration such Bills as they had prepared for his perusal and Concurrence.
New Castle, Saturday the 13th of June, 1772.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gov- ernor, &cª.
Richard Peters, -
Benjamin Chew, James Tilghman,
Esquires, Members of Council.
The Assembly having, since the Governor's Attendance at this place, sent up to him for his Concurrence fourteen Bills which they had prepared during their Present sitting, they were severally read and duly Considered, and a few amendments being made to some of them, to which the Assembly having for the most part ac- ceded, they were all returned to the House, with Messages that the Governor agreed to pass thirteen of the said Bills into Laws, but having great Objections to the Other Bill, which is entituled "An Act to oblige the Justices of the Peace to hear and determine ac- tions of Debt under the Value of forty shillings ex-officio," he could not give his Assent thereto.
The thirteen Bills which received the Governor's assent, are en- tituled as follows, Viz“:
" An Act for restraining and preventing Lotteries."
"An Act for vesting the State House and other Public Build- ings with the Lot of ground whereon the same are erected, together with other Ground Situate in the Town of New Castle, in Trus- tees for the use of the Public."
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PROVINCIAL COUNCIL.
" An Act for aiding the Discontinuance of the Process of the Su- pream Court in the County of Sussex."
" A Supplementary Act to an Act entituled " An Act for regu- lating Elections and ascertaining the numbers of the Members of Assembly."
" An Act for repairing and keeping up the Causeway adjoining the Creek called the Mother Kill, in Kent County."
" An Act to prevent Swine Running at large in the town of Dover."
" A Supplementary Act to the Act entituled ' An Additional Supplementary act for the amendment of an Act of General As- sembly of this Government, entituled ' An Act for the better regu- lation of the in New Castle County, &c."
" An Act for the more effectual draining and improving the Marsh, Cripple and Lowland on little Creek in Dover, and Little Creek hundreds in Kent County."
" An Act for the better regulating the Wharfs, public streets, Buildings, party walls, and partition Fences, in the Borough of Wilmington, in the County of New Castle, upon Delaware, and for raising Money on the Inhabitants of the said Borough for the Public use and Benefit thereof."
" An Act for the Relief of James Kain, a languishing Prisoner in the Goal of New Castle County, with respect to the Imprison- ment of his person."
" An Act for the appointing and Constituting David Hall, Es- quire, a Trustee of the General Loan Office in Sussex County."
" An Act for the embanking and draining the Marshes on Black bird's Creek, in New Castle County."
" An Act for establishing the market in the Town of New-Ark, and for regulating the same."
The Governor having acquainted a Committee of Assembly, who waited on him in the Evening to know when and where he would be pleased to pass the Bills, that he should be ready to re- ceive the house for that purpose at his Lodgings, whenever it was most Convenient to them. The Speaker and the whole house soon after attended accordingly, and Presented the thirteen Bills above mentioned, which the Governor Enacted into Laws, signed a War- rant for affixing the great Seal to them, and directed the Secretary to accompany two Members of Assembly to see them sealed and deposited in the Rolls office.
The Speaker then Presented to the Governor Orders on the Trus- tees of the Loan Office for £100, for which his Honor returned the House his Thanks.
VOL. X .- 4.
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MINUTES OF THE
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At a Council held at Philadelphia, on Saturday June 20th, 1772.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gov- ernor, &cª.
Richard Peters, James Tilghman,
Esquires.
Benjamin Chew, Edward Shippen, jun".,
The Governor laid before the Board a Transcript of a Record of the last Court of Oyer and Terminer held for the County of Phila- delphia, by which it appears that John Thomas was convicted of Burglary, and had received sentence of Death for the same. The Matter being taken into Consideration, the Governor Observed that the Judges had not Recommended the said Criminal as an object of Mercy, nor reported any Circumstances in his Favor.
It was, therefore, the Opinion of the Board, that the Sentence of the Court should be executed against him on Saturday the 4th day of July next, and the Governor directed a Warrant to be issued for that Purpose accordingly.
Then was read the Transcript of a Record of the last Court of Oyer and Terminer held in York County, by which it appears that Thomas Ross was convicted of a Robbery on the Highway, for which he had received Sentence of Death. The Board taking this mat- ter into Consideration, were of opinion that, as the Judges had not reported to the Governor any Favourable circumstances respecting the said Criminal, the Sentence of the Court against him ought to take place, and the Governor accordingly directed a Warrant to be issued for his Execution on Saturday the 11th day of July next.
The Board taking into Consideration the Petition of Hugh Rip- pey, who was convicted (at the last Court of Oyer and Terminer held in Cumberland County) of Counterfeiting and passing Dollars, and the recommendation of Several of the Magistrates and other reputable Inhabitants of the same County, representing him as an Object of Mercy and Compassion, advised the Governor to Grant the said Hugh Rippey a Pardon, which the Secretary was accord- ingly directed to Prepare.
Mr. Tilghman laid before the Board a Letter he had received yesterday from Mr. Charles Stewart, dated Easton, the 17th In- stant, acquainting him with a Message he had received from Garret ! Brodhead, Esquire, that a Considerable number of Connecticut peo- . ple were now forming a Settlement on the Proprietaries' Manors at Shoholy and Lechawaxin, and other places on the River Delaware, within this Province. The said Letter being read and Considered, the Governor, by the advice of the Council, directed that a Procla- mation be immediately drawn and published, commanding those in- truders, in his Majesty's name, to evacuate their illegal Settlements, and to remove from the Proprietaries' lands without delay, and also
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PROVINCIAL COUNCIL.
forbiding all persons whatsoever, to intrude upon or settle any lands within this Province without the express Permission of the Pro- prietors of this Government.
The Secretary presented to the Board a return and Draught of a Road laid out pursuant to an Order of Council of the eighth of November, 1769, on the line dividing the lands of Richard Van- dyke and Peter Rambo from the land of John Holmes, in the town- ship of Lower Dublin, and there appearing no objection to the said Road as laid out and returned by the Viewers,
The Board, on Due Consideration thereof, do hereby confirm the said Road, and adjudge the same to be forever hereafter a part of the King's Highway which leads from Philadelphia to Bristol.
It is, therefore, Ordered by the Board, that the Supervisors of the Highways for the Township of Lower Dublin, do forthwith Cause the said Road to be Cleared and opened of the Breadth of Fifty feet at least, according to the Courses mentioned in the said return, which follows in these words, viz":
"In obedience to the annexed order from the Governor and his Council, We the subscribers, have carefully viewed the Ground along the line dividing Richard Vandyke's and John Holmes' Land, and find that, as to the Ground a good Road may be conveniently made along the said line. But if we extend the new Road only from the Oxford Church Road to the end of Vandyke's line, it will not strike the old road as now laid out, but there make a sudden turn, which we apprehend, in a Road so much used, will be of Great Disadvan- tage to the Public, but if we extend the said New Road the same strait Course as far as Pennypack Mill Race, it will there strike the old Road. We therefore, for the Reasons above, and with Consent of Peter Rambo, the owner of the land whereon the whole of the new Road runs, with all Submission return the same for Public use as follows, and according to the Plan hereunto annexed, Viz: Be- ginning at a marked white oak standing on the West side of the Mill Race, and on the North side of the Bristol Road; thence by a line of marked trees, dividing the Land of John Holmes from the land of Peter Rambo and Richard Vandyke, South sixty-eight de- grees fifteen Minutes, West Three hundred and fifty-two perches, to a corner on the South side of the said old Bristol Road, and East side of a Road leading from Oxford Church to the River Delaware; and recommend the same to be fifty feet wide, and to be laid out altogether on the Lands of Peter Rambo and Richard Vandyke, along the line of John Holmes' land.
"WILL SARR, "JOS. REDMAN,
"WM. ASHBRIDGE,
"LEONARD SHALLCROSS."
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MINUTES OF THE
At a Council held at Philadelphia, on Friday 21st August, 1772.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gov- ernor, &ca.
Richard Peters, . James Tilghman,
Benjamin Chew, Edward Shippen, Junior, Esquires.
The Governor laid before the Board a Petition from John Durkee, a Prisoner in the Goal of Philadelphia, Setting forth that he was Indicted for a Riot on the Lands at Wyoming, at the Sessions for the County of Northampton, in April 1770, and from September fol- lowing has been closely Confined in Goal ;
That some time afterwards he was sued for a large sum of Money due to a Gentleman in New York, with whom he has now Com- pounded and obtained a discharge from his suit; that he has a Wife and Children in Connecticut, who are in Great distress, occasioned by his imprisonment, &c., and therefore humbly praying Relief by means of a Nolle proseque or otherwise, &c.
The said Petition being read and Considered by the Board, it was their opinion that, in Consideration of the Prisoner's long Con- finement, and that he has now obtained a discharge from his Credi- tors, at whose suit he has hitherto been detained in Prison, as well as at the suit of the Crown, a Noll Proseque should be entered on the Indictment and the Petitioner be discharged from his Confine- ment, which the Governor accordingly directed to be done.
MEMORANDUM, the 15th September, 1772.
Two Members of Assembly waited on the Governor and acquainted him that the House had met pursuant to adjournment, and desired to know if his Honor had any Business to lay before them; to which the Governor replied that he had nothing at present to Re- commend to their Consideration, but as soon as any thing occurred he would communicate the same to the House by a Message.
.At a Council held at Philadelphia, in the Council Chamber, on Saturday the 19th day of September, 1772.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gov- ernor, &c.
Richard Peters,
Andrew Allen,
Benjamin Chew, Edward Shippen, Jun". Esquires.
James 'Tilghman,
Two Members of Assembly waited on the Governor and present- ed him a Bill entituled "An Act for the Support of the Govern-
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PROVINCIAL COUNCIL.
ment of this Province and payment of the Public Debts," which being read at the Board, 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 paid off and dis- charged by that Bill.
The Governor laid before the Board a Bill which he had Re- tained since the last sitting of the Assembly, entituled "An Act to declare and make void the pretended Marriage of Rebecca Vanikin with a Certain John Martin, and for other purposes therein men- tioned," and after due Consideration thereof, the Board advised the Governor not to pass it into a Law.
Mr. Fox and Mr. -, Members of Assembly, then Brought up to the Governor a List of the Public Debts referred to in the Bill for the Support of Government, which was read over, and follows in these Words, Vizt .:
Incidental Expences for the Year 1772.
To Benjamin Franklin, Esquire, Agent for the Pro- vince in London, his Salary for the Present Year £500 Sterling.
To William Allen, Esquire, Chief Justice of the Pro-
&. s. d. vince,
200 0 0
To John Lawrence, Esquire, one of the Judges of the Supream Court, - - 150 - 0 0
To Thomas Willing, Esquire, Do., -
- 150 0 0 To Joseph Galloway Esquire, for Extra Services, 75 0 0 To Do., the Balla. of his Account 13
for wood for the House, 8 9 To Andrew Allen, Esquire, Attorney General, - 75 0 0
To Joseph Fox, Esq., for his Services on the Commit-
tee of Accounts, 22 days, at 10 s. p. diem, - 11 0 0
To Samuel Shoemaker, Esquire, for do , 3 days, 1 10 0
To Samuel Rhoads, Esquire, for do., 20 days, - 10 0 0 To Michael Hilligas, Esquire, for do., 22 days, - 11 0 0 To Abel James, Esquire, for do., 21 days, 10 10 0 -
9 10 0 To Isaac Pearson, Esquire, for do., 19 ·days, To Mr. Charles Moore, for his attendance as Clerk of the Assembly, and for Transcribing and engrossing of Laws, Votes of Assembly, Messages, &c.,
225 0 6
To Joseph Shippen, Esquire, his Salary as Clerk of the Council,
30 0 0
To ditto, for Warrants, Certificates, Proclamations, &c., and for Stationary for the Governor & Council, To ditto for Indian Expences, - 3 14
15 18 10%
To Joseph Fox, Esq", his Salary as Barrack Master, To William Bowsman, his Salary as Ditto, for Lan- caster County,
60 0 0
20 0 0
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MINUTES OF THE
£. s. d. To Abel Evans, for his Services as Assistant Clerk, 15 0 0 To Benjamin Lightfoot, Esq"., for his Services and dis- bursements in viewing, &c., the Waters of the Sus- quehanna and Schuylkill, as p. Account, - 28 7 5
To John Sellers, Esq"., for his Services and disburse- ments on the same duty, as $ Acct., 20 12 10
To Samuel Rhoads, Esqr., for Sundry Expences, &c., for the same Service, as p. Acct., 18 8 4
To Mr. David Rittenhouse, for making Instruments for the use of the Committee for the above Service, 15 15 0 To ditto, for his Attendance 6 days with Samuel Rhoads, Esqr., on the above Service, - 300
To Edward Duffield, for his Care, &c., of the state house Clock, - 23 0 0
To Mess". Hall and Sellers, for printing Laws, Proc- lamt &c., as p. Acctt., - 233 10 6
To ditto, for his acct of Stationary for the use of the House, and delivered to Mr. Charles Moore,
7 8 1%
To Mr. Henry Miller, for Printing Votes, &c., 69 14 0
To Robert Erwin, for Halling Earth into the State House Yard, 4
7 4
To Lawrence Shiney, for do., as # account, 17 4
To Robert Erwin, for 20 Chords Hickory Wood for the Assembly, - 30 0 0.
To Andrew McNair, for his Attendance as Doorkeeper to the House, 80 days, at 4 s. p. dy. -
16 0 0 To ditto, for his Account for cleaning the State House, &c.,
8 0 9
To ditto for disbursements, &c., for Indians, from 11 April, 1772, to 31 August, both Inclusive, as pr acct., To William Shed, Sergeant-at-Arms, -
18 7 4
10 0 0
To ditto, as Doorkeeper to the Council,- -
-
4 15 0
To Michael Coon, for Sawing Wood for State House, To William Parvis' Acct for Recording sundry Laws, To Edmund Physick's acct., -
25 5 6
18 3 0
To Henry William Stiegel, a Gratuity for his Flint Glass Manufacture,
-
150 0 0
To the Overseers of the Poor, for Support of French Neutrals, - 100 0 0
To William Shed, Searjant-at-Arms, for services to the House,
3 0 0
- 10 0
The Governor then sent down to the house, by the Secretary, the Bill for declaring and making void the Pretended Marriage of Re- becka Vanakin with a Certain John Martin, &c., with a Verbal Message that he now returned that Bill, which he had held under advisement since the last sitting of the House, and upon the most
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PROVINCIAL COUNCIL.
mature deliberation, he could not think it proper to pass it into a Law. At the same time his Honor Returned the Bill for the Sup- port of Government and Payment of the Public Debts, with his Assent.
Soon after, two members of Assembly waited on the Governor with a Message, Requesting to know when it would be agreeable to his Honor to receive the House, in order to pass the Bill which he had agreed to; to which the Governor answered that he was now ready to receive the House for that purpose, if it was Convenient to them. The whole House thereupon attended in the Council Chamber, and the Speaker presented to the Governor the Bill for the Support of the Government and payment of the Public Debts, which he enacted into a Law, and Signed a Warrant for affixing the Great Seal thereto, and the Secretary was directed to accompany two members of Assembly to see that the said Law was Sealed and deposited in the Rolls office.
The Speaker then acquainted the Governor that the House agreed to allow &25 to be given by his Honor as a present to Keyashuta, the Seneca Indian Chief, now in town on a visit to the Govern- ment.
At a Council held at Philadelphia, on Monday 5th October, 1772.
PRESENT :
The Honorable RICHARD PENN, Esquire, Lieutenant Gover- nor, &c.
William Logan,
Benjamin Chew,
Andrew Allen,
Edward Shippen, jun".
James Tilghman, r Esquires.
The Governor laid before the Board the returns of Sheriffs & Cor- oners for the County's of Philadelphia, Chester, Bucks, Lancaster, York, Berks, Northampton, New Castle, and Kent, which being duly Considered, the following persons were appointed and Com- missionated as the Sheriffs and Coroners of their Respective Coun- ties, Vizt. :
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MINUTES OF THE
Names of Counties.
Offices.
Names of Officers.
Sheriff's Sureties.
Philada. City & County,
Sheriff,
Coroner,
Judah Foulke, Caleb Cash,
Chester,
Sheriff,
Henry Hayes,
John Sellers. John Jackson. John Kidd.
Bucks,
Coroner,
Joseph Ellicott.
Lancaster,
Coroner,
Sheriff,
Samuel Edie,
York,
Coroner,
Joseph Adlum,
Ludwick Stone. Casper Singar. Robert McPherson. David M Cannaughy Christo'r Whitman.
Berks, .
Coroner, Sheriff,
Peter Kachlein, Peter Seip,
Casper Dull. Harman Snyder.
New Castle,
Coroner,
Joseph Stedham,
Kent,
Sheriff,
John Cook,
Coroner,,
Caleb Furby,
Tuesday the 6th of October, 1772.
MEMORANDUM.
The returns of the Sheriffs and Coroners for Cumberland and Sussex Counties, being now made, the Governor appointed and Commissionated the following Persons as Sheriffs and Coroners for their Respective Counties, vizt. :
Cumberland, S Sheriff, Ephraim Blaine, $ Robert Callender,
2 Coroner, Samuel Laird, James Blaine,
Sussex, S Sheriff, Peter Robinson,
2 Coroner, David Train,
At a Council held at Philadelphia, on Friday 9th October, 1772.
PRESENT :
The Honorable RICHARD PENN, Esquire, Lieutenant Gover- nor, &ca.
William Logan,
Lynford Lardner,
James Tilghman,
Esquires.
Richard Peters,
Benjamin Chew, Edward Shippen, jun".
The Governor laid before the Board a Letter he had just received, from Sir Ralph Payne, Captain General and Governor of the Lee- ward Islands, which was read and follows in these Words, vizt :
Coroner,
Sheriff,
John Crosby, jr., Richard Gibbs, James Wallace, Frederick Stone, Samuel Boyd,
Sheriff,
Sheriff,
George Nagle,
Isaac Levan, jr., Jacob Kern.
Northampton,
Coroner, Sheriff,
John Thompson,
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PROVINCIAL COUNCIL.
" Sir :
" It is with the most poignant Concern that I acquaint you, that on Monday the 31st day of August last, it pleased the Almighty to visit this, and all the other Islands of my Governments, with a Huricane more violent and dreadful than perhaps ever before hap- pened in the Memory of man, and unparralled (I believe) in its Effects by any Recorded in the annals of History. The scene of Ruin and Desolation which this Event has laid, as well over the Face. of the Country as in all our Roads and Harbours, where most if not all the shipping has perished, cannot be described to you ; but the terrors of the storm are Scarcely Superior to the Misery of its Consequences, and among the other dreadful Shapes in which these have already appeared, is the Malencholy Prospect of an Ap- proaching Famine, unless this Terrible disaster is averted by the early arrival of Provisions from the Continent of America. The Legislature of this Island have come to the Resolution of dispatch- ing Vessels Immediately to the Neighbouring Collonies from whence such Succour may be expected, and it is upon this account, Sir, that I trouble you at Present, as I persuade myself that you will not only very Sincerely simpathize in our distress, but will Contri- bute your best Assistance to relieve it, by making our Necessities Known throughout your Government, and by promoting a Com- merce with us at this time, which is Immediately and indispensably essential to our very Existance.
" It will be a very alleviating Circumstance to my Concern, while I Contemplate the Calamitous state of my own Government, to hear that the unparalleled ferocity of the late Tempest in the Leeward Islands, has not extended so far Northward as Philadelphia ; but that your Government, Sir, with the rest of his Majesty's Ameri- can Collonies, has been preserved from the Desolating Hand of a Destiny, whose Vengeance will long Continue to be felt and deplor- ed, when its immediate Terrors are past away and buried in Obli- vion.
"I hope you will forgive this Trouble, and be perswaded of the very sincere Pleasure which I shall enjoy in Co-operating with you, Sir, at all Seasons and upon all Occasions, for the Service of our most Excellent Sovereign, as well as in testifying to you by every Opportunity, the very high esteem and Respect with which I have the honor to be,
"Sir, your very faithful and most "Obedient humble Servant, "RALPH PAYNE.
" Antigua, September 14th, 1772."
The Board taking the said Letter into Consideration, were of opinion that the request therein Contained should be Complyed with without the least delay, by notifying to the Publick by a Pro- clamation the distressed Situation of his Majesty's Subjects in the
€
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MINUTES OF THE
Leeward Islands, Occasioned by the late dreadful Hurricane, and warmly recommending it to the Merchants and others of this City and Province to afford them assistance and Relief, by dispatching Vessels with Provisions and such other articles as were necessary to supply their immediate Wants. A Draught of a Proclamation was drawn at the Table and ordered to be published in the Publick papers, and it follows in these words, Viz":
" By the Honourable RICHARD PENN, Esquire, Lieutenant Gov- ernor and Commander-in- Chief of the Province of Pennsylvania, and Counties of New Castle, Kent, and Sussex, on Delaware :
"A PROCLAMATION.
" WHEREAS, his Excellency Sir Ralph Payne, Captain General and Governor in Chief in and over all his Majesty's Leeward Cha- ribbee Islands in America, by his letter of the fourteenth of Sep- tember last, hath informed me that on Monday the thirty-first of August last, it pleased the Almighty to visit the Island of Antigua, and all the other Islands of his Government, with a Hurricane, more violent and dreadful than perhaps ever before happened in the Memo- ry of Man, and (as he believed) unparalleled in its Effects by any Recorded in the Annals of History; That the scene of Ruin and Desolation which that event had laid, as well over the face of the Country, as in all their Roads and Harbours, where most if not all the shipping had Perished, was not to be described ; but that the Terrors of the Storm were Scarcely superior to the Miseries of its Consequences, and among the other dreadful Shapes in which those already appeared, was the Melancholy Prospect of an approaching Famine, unless that terrible disaster was averted by the early arri- val of Provisions from the Continent of America; that the Legis- lature of the said Island of Antigua had come to the Resolution of dispatching Vessels to the neighbouring Collonies, from whence Such Succour might be expected ; and on that account, he hath been pleased to request of me that I would Contribute my best assis- tance to relieve their Distresses, by making their Distresses known throughout my Government, and be promoting a Commerce with them at this time, which is immediately and indispensably Essen- tial to their very Existence. Wherefore, being most sincerely affect- ed with the Distresses of our fellow Subjects in the said Islands, and anxious that no time may be lost in relieving them from their Calamitious Situation, I have thought proper, by the advice of the Council, to Issue this Proclamation, not only to make their necessi- ties known to the Good People under my Government, but most earnestly to Recommend it to them, and more particularly to the Merchants and Traders, to give immediate assistance to the afflicted Inhabitants of the said Islands, by dispatching Vessels there with
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