USA > Pennsylvania > Colonial records of Pennsylvania, Vol. X > Part 7
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PROVINCIAL COUNCIL.
Provisions, and such other necessaries as they may be supposed to be most in want of.
" Given under my hand and the Great Seal of the said Province, at Philadelphia, the ninth day of October, in the twelfth year of his Majesty's Reign, and in the year of our Lord one thousand seven hundred and seventy-two.
"RICHARD PENN.
"By his Honour's Command.
" JOSEPH SHIPPEN, Jr., Secr'y.
"GOD SAVE THE KING."
2
The Returns of Sheriffs and Coroners for Northumberland and Bedford Counties being now made, the following persons were ap- pointed and Commissionated as Sheriffs and Coroners for the Coun- ties where they respectively reside, Vizt. : A
Names of Counties. Officers. Names of Officers. Sheriff's Sureties.
Northumberland, 5 Sheriff, William Cook, ? William Plunkett.
Coroner, James Parr, Samuel Hunter.
S Sheriff, John Proctor, } William Lochry,
Bedford, Coroner, Joseph Erwin, S William M'Connell.
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Council Chamber, Memorandum, the 15th of October, 1772.
A Committee of the"Assembly waited on the Governor yesterday, and acquainted him that pursuant to the Charter and Laws of this Province, a Quorum of the Representatives had met, and had pro- ceeded to Chuse their Speaker, and desired to know when his Hon- our would be pleased to receive the House, that he might be pre- sented for his Honour's Approbation.
The Governor having appointed this day, at twelve o'clock, for that purpose, acquainted the House, by the Secretary, that he at- tended his appointment in the Council Chamber, and was ready to receive the House with their Speaker.
The whole House waited on the Governor, and presented Joseph Galloway, Esquire, as their Speaker, who, after receiving the Gov- ernor's Approbation, claimed the usual Privileges in the name and behalf of the House, to which the Governor Replied that he thought those privileges essentially requisite in a Representative Body, and he should be careful to protect the House in the full en- joyment of them.
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MINUTES OF THE
At a Council held at Philadelphia, on Friday 16th of October, · 1772.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gov- ernor, &c.
Benjamin Chew, r James Tilghman, Esquires. Andrew Allen,
Two Members of Assembly waited on the Governor, and ac- quainted him that the House proposed to adjourn to the 4th day of January next, if his Honor had no Objection thereto, to which the Governor replied that he had no Objection to their proposed Ad- journment, but that he had something to lay before the House, which he should Communicate to them Immediately by a Messuage. The Secretary was then ordered to deliver the following Verbal Message to the House, with Sir Ralph Payne's letter therein refer- red to :
" Sir :
" The Governor commands me to lay before the House a Letter he received a few days ago from Sir Ralph Payne, Captain Gen- eral and Governor-in-chief of the Leeward Islands, acquainting him with the Extream Distress the Inhabitants of the said Islands are reduced to, occasioned by a most Violent Hurricane in the month of August last, and to inform the House that if they are disposed to take any Measures for their Relief, he will most Chear- fully Concur with them therein.
" October 16th, 1772."
MEMORANDUM, the 17th October, 1772.
Two Members of Assembly waited on the Governor, and deliv- ered him the following Verbal Message from the House, in answer to his Message to them of yesterday :
" Sir :
"We are Commanded by the House to inform the Governor, in answer to his Verbal Message of this Morning, that they have taken into their Consideration the Letter from Sir Ralph Payne, Captain General and Governor-in-Chief of the Leeward Islands, and very sincerely commisserate the extream distress the Inhabitants of those Islands are reduced to by the late violent Hurricane ; but as they find that your Honour has wisely pursued the most proper Measure to relieve them, by your late Proclamation in their behalf, and that, in Consequence thereof, a number of Vessels with Provisions and
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PROVINCIAL COUNCIL.
other Necessaries have already sailed, and more will soon be ready to depart from this Port for those Islands, the House have no doubt but the unhappy Sufferers will be relieved, and the Good intention of Sir Ralph Payne's Letter effectually answered by those means.
At a Council held at Philadelphia, on Monday 23d November, 1772.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gov- nor, &c.
Benjamin Chew, James Tilghman, S Esquires.
The Governor laid before the Board the Transcript of two Re- cords of Conviction, by which it appears that at the last Court of Oyer and Terminer and General Goal delivery, held at Philadel- phia for the County of Philadelphia, Michael Magary and Thomas McFeteridge, both of the said County of Philadelphia, Labourers, were severally tried for and Convicted of Felony and Burglary, and have each of them received Sentence of death for the same. The said Records being taken into Consideration, and the Jurors having petitioned the Governor in Behalf of each of the above-mentioned Criminals, and recommended them as proper Objects of Mercy, his Honour, with the advice of the Board, was pleased to order a Pardon to be made out for each of them, under the Great Seal of the Pro- vince.
Then was read the Transcript of a Record of the last Court of Oyer and Terminer held in New Castle County, by which it ap- pears that John Keener, of the said County of New Castle, was tryed for and convicted of Felony and Burglary, and hath received Sentence of Death for the same; but the Governor of the said Court having recommended him to the Governor for Mercy, His Honor, with the advice of the Board, was pleased to order a Pardon to be made out for him also, under the Great Seal of the Province.
At a Council held at Philadelphia on Thursday 26th Novem- ber, 1772.
PRESENT :
The Honorable RICHARD PENN, Esquire, Lieutenant Gover- nor, &c. William Logan,
Richard Peters, Esquires.
James Tilghman,
Joseph Peepy, and another Delaware Indian came to Town last week, from the Ohio, with a Message from Netattwallaman, or new
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MINUTES OF THE
Comer, Chief of the Delawares on the Ohio, which Jo Peepy deliv- ered to the Governor, with a String and Belt of Wampum, on the 19th Instant, in the following words, Vizt:
" Brothers and Friends :
" I have been often told that there is a great King over the Great Waters.
" Brothers and Friends :
" I am ready to go over the Great Waters to see that Great King. Now Brother Governor and Friends, I desire you to prepare a Ship for me next Spring. I am your Brother and I am your friend, and I hope we shall soon be united together."
The Governor having since taken the said Message into Conside- ration, returned the following answer thereto, by the advice of the Council, Viz":
" Brother Netattawalaman :
" I received Your Message by Jos. Peepy, and have considered it well. I have been looking over what past between us last Spring was twelve Months. You then mentioned to me the same business you have now repeated by Jos. Peepy; You may remember I then told you that Sir William Johnson was appointed by the Great King, my Master, to confer with and advise all our Brethren, the Indians, in any matters of Importance ; all Indians know this Well. I then recommended you to go to him and Inform him of your In- tentions of going over to England to see the Great King, and tell him what you had particularly to say to him. You have not in- formed me by Jo. Peepy, whether you follow'd my advice in going to Sir William, and if you did, what passed between him and you. When I hear this I shall be better able to Judge of this Important Matter, and give you my Sentiments and advice thereon ; at present I can only once more request, if you have not already been to Sir William Johnson, that you would go to him and lay this matter before him to consider of, and know his mind thereon, before you determine to go over Sea. When you have done this, I shall be ready to hear what you may have further to say to me, and do ev- ery thing in my power to please and Serve you in this or any other affair."
Delivered a String of Wampum.
" Dear Brother Governor :
" I have considered very well at my Council Fire of what you said in your answer to the Message I sent you by Killbuck, respect- ing my design of going over the Great Waters to see the Great . King, and I cannot agree to what you then recommended to me of going to Sir William Johnson to consult him upon that Business. You know there was formerly a Council Fire established at Phila- delphia by our forefathers, where we have always been since used to do all our Business with our Brethren the English ; and I do not think it necessary at this time for me to give myself the Trouble of
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PROVINCIAL COUNCIL.
going to Sir William Johnson to talk with him about my going to England; for I can much better step on Board of a Ship here at Philadelphia.
" Brother Netattawallaman :
" Since I delivered my Message to Jo. Peepy in answer to yours by him, Jo. tells me that you have not followed the advice I gave you last Spring was twelve months, to go to Sir William Johnson and consult him on your Intention of going over Sea to see the Great King.
" Brother :
" You and all the Indians know well it has been told you at all the late Treaties, that the Great King has appointed Sir William Johnson Superintendant of all Indian Affairs, and that all business of any Importance between the King and the Indians, was to be laid before him ; I am, therefore, much surprized you have not followed my advice in going to Sir William, and informing him of your In- clination to go over Sea to visit the Great King and talk with him: " Brother :
" It is long since I gave you this advice ; You have had sufficient time to go there and hear his Sentiments, and know his mind; I cannot think what reasons you can have for not going to him. " Brother :
"I know very well that our Brother Onas and all our United Brethren the Indians, kindled a Great Council Fire at this Place, where all Business was to be transacted between us. I know also, and you should remember, that when any Business was to be done, it was to be by all the tribes of Indians united with the six Nations, and with their Approbation and Consent ; They were all linked in one Chain of Friendship, and Brother Onas with them. Nothing was to be done without the Knowledge of the General Indian Council. You cannot, therefore, my Brother, expect that I can comply with your request in providing a Ship to carry you to Eng- land to see and talk with our Great King 'till Sir William has been informed of it, and has Consulted your Uncles, the Six Nations, at their Great Council Fire. If I did so, I should break one of the Strongest links of the Chain of Friendship, and the Solemn treaties entered into between me and all the Indians, they would be very angry with me, and blame me much for doing so. " Brother :
" I must further inform you that I have lately received a letter from Sir William Johnson, informing me that he has instructions and orders from the Great King, his and my Master, to Transact all Business of Importance with the Indians, excepting that of fixing and regulating the Trade, which is left to me to manage ; that he expects when any Indians apply to me on any other Business, I shall send them to him.
" Brother :
"As this is the true state of the Case, I cannot, I dare not, in- terfere with the Great King my Master's Orders. I cannot Provide
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MINUTES OF THE
a Ship to carry you and your Companions to England to see and talk with the Great King without Sir William's being first informed of your intentions; It would not only be a breach of trust in me to my King and Master, but, as I have said, it would be a Breach of That faith and Friendship entered into between me, the good peo- ple of this Province, and the Indians of all the six united Nations. Let me therefore, my Brother, recommend it to you in the strong- est terms, to go to Sir William Johnson and lay your intentions be- fore him and know his mind thereon."
Delivered a Belt of Wampum.
The Governor, as a token of his affection for New Comer, sent him the following articles by Jos. Peepy, viz":
2 yards of Scarlet Broad Cloth for a Stroud, at 16s.
1 12 0
2 yards of Blue Strouds at 10s. per do. -
-
1 0 0
7 yards of Fine Linnen, at 2s. 9p. per do. -
-
0 19 3
16 yards of Broad Silk ferretting, at 4d. per do. 0 - 5 4
2 Scarlet Caps, at 2s. 3p. 0 4 6
And 2 pair leggins which were got at the State House, 4 1 1
And to Joseph Peepy and his Companion, the Governor gave as follows, Viz": to Jos. Peepy:
s. d.
1 Indian Blanket, [cost] 0 11 6
1 Striped Cap, do. -
0
1 6
3} yards of fine linnen, do. at 2s. 6d. p. yrd - 0
8 9
And one oznabrigs shirt, 1 pair of Shoes, and one pair of Leggins, which were got at the State House, - 1
1 9
To Jos. Peepy's Companion :
s. d.
1 Indian Blanket, [cost] -
0 11 6
1 Striped Cap, do. 0
-
0
8 9
And 1 Oznabrigs Shirt, 1 pair of Shoes, and one pair of Leggins, which were got at the State House, - -
1 1 9
-
1 6
3} yards of fine linnen, do. 2s. 6 ₺ yd. -
MEMORANDUM.
The Governor sent to New Comer by Jos. Peepy, a Copy of both , his answers to the foregoing Messages delivered by Jos. Peepy.
€. s. p. yard, -
65
PROVINCIAL COUNCIL.
At a Council held at Philadelphia, on Saturday 12th December, 1772.
PRESENT :
The Honorable RICHARD PENN, Esquire, Lieutenant Gov- ernor, &cª.
Richard Peters, James Tilghman,
Edward Shippen, jun™., Esquires.
The Governor laid before the Board a Transcript of a Record of Conviction, by which it appears that at the last Court of Oyer and Terminer and General Goal Delivery held at Chester, for the County of Chester, Henry Phillips, late of the said County of Chester, Labourer, was tryed for, and Convicted of Felony and Murder, (committed on the Body of a certain Richard Kelley,) and hath received Sentence of Death for the same; and the Justices of the said Court having acquainted the Governor that no favourable Cir- cumstance appeared in the Course of the whole Tryal to Induce them to recommend the Criminal to him as an object of Mercy, his Honor with the advice of the Board, Ordered a Warrant to be made out for his Execution on Saturday the 26th of December Instant.
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MEMORANDUM, the 5th of January, 1773.
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 Honor had any Business to lay before them, to which the Governor Replied, 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 Philadelphia, on Monday 11th January, 1773.
PRESENT :
The Honorable RICHARD PENN, Esquire, Lieutenant Gov- ernor.
Richard Peters, James Tilghman,
Benjamin Chew, Esquires.
The Secretary laid before the Board three Petitions from divers Inhabitants of the City of. Philadelphia, and Counties of Chester and Lancaster, which were Severally read, setting forth that since the return of Survey of a Certain Public road or King's high way, Laid out from the middle ferry, on Schuylkill, to the sign of the Ship upon the Conestogoe Road, and from thence to the Village of VOL. X .- 5.
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Strasburg, in the County of Lancaster, and the Confirmation of the same on the 10th day of November, 1770, it has been discovered that some Errors were committed in the return of the Courses and Distances of the said Road, one of which Errors is in the first of the said Petitions pointed out to be thus, Viz: The return of Sur- vey, after mentioning "a White Oak standing fourteen perches from the Southermost part of John Sellers's Mill race," describes the next course to be, "thence North Seventy-three degrees, West eleven hundred and forty-four perches," when in fact, the true dis- tance to the Spot to which that course was run and measured, is Eleven hundred and eighty-four perches, and is so called in the Field notes of the Surveyor, taken at the time of Survey; that by reason of this mistake, the whole Course of the Road will be altered from the place where this Error was Committed, and instead of passing over ground which is proper and Convenient for making a good Road, It would lead over a broken, Hilley Country, very Im- proper for that purpose ; and therefore, praying the Board would be pleased to Order John Morton, John Sellers, Jacob Lewis, James Webb, Joseph Fox, and Daniel Williams, or some of them, to re- survey the said Road, and Correct any Errors that may appear in the Return of Survey which they before made of the same, or to direct such other Measures as shall appear to them more proper, to rectify those mistakes.
A Petition (or Remonstrance) from six of the Free holders of Chester County, was likewise read, setting forth several Objections to the above mentioned road as it stands Confirmed, besides the mistakes that have been made by the Viewers in their return of Survey thereof; and therefore, praying this Board "to appoint a sett of Impartial Gentlemen, not only to review the Crooked Road already laid out by the sign of the Ship, but also to view the Ground nearly on a line from the Corporation Ferry to Gravenor Marshes or Strasburg, and that if it should appear to the Reviewers that a road can be had nearly on a line, that would be more advantageous to the Public than the Former, they may have leave to lay out one there."
The Board proceeded to take the said Petitions into Considera. tion, but as none of the Petitioners nor the Gentlemen who laid out the Confirmd. Road were present, It was Ordered that the fur. ther Consideration of this matter be postponed till the fourth day of February next, and that the Secretary give the Several Parties Notice to attend this Board on that day, to be then fully heard on the Sub- ject of their respective Petitions.
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PROVINCIAL COUNCIL.
At a Council held at Philadelphia, on Saturday 23d January, 1773.
PRESENT :
The Honorable RICHARD PENN, Esquire, Lieutenant Gov- ernor, &c.
Benjamin Chew,
Lynford Lardner, - Esquires.
James Tilghman,
The Governor laid before the Board two Bills sent up to him by the House of Assembly for his Honour's Concurrence, entituled as follows, Vizt. :
" An Act for emitting the sum of one hundred and fifty thousand pounds in Bills of Credit on Loan, and providing a fund for the payment of Public Debts ;" and " An Act for making Perpetual An Act entituled ' An Act directing the Choice of Inspectors, and for holding the General Elections in this Province,'" which were both read, and referred to further Consideration.
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At a Council held at Philadelphia on Wednesday 27th January, 1773.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gov- ernor, &c.
Richard Peters,
Benjamin Chew,
James Tilghman,
Andrew Allen, Esq Ts.
The Board resumed the Consideration of the Bill entituled " An Act for emitting the sum of one hundred and fifty thousand Pounds in Bills of Credit on Loan, and providing a fund for the payment of Public Debts," to which the following amendments being made and agreed to, the Secretary was ordered to carry the same to the House of Assembly with the Bill :
Page 13, line 12. After the Surname [Moore ], insert the words [and Amos Strettle ].
Same page, line 12, 13. Dele the words [Benjamin Jacobs, of the County of Philadelphia].
Page 36, last line. Instead of [on], say [an].
Page 37, line 10. After the word [from ], insert the words [all arrearages of the Proprietors' quit rents and].
Same pa., last line. Instead of the word [thence], insert the word [thenceforth ].
Page 59, line 8. After the word [the], insert the words [Gov- ernor and].
Same pa., line 10. Dele the word [who], and instead thereof in- sert as follows : [unless such neglect, refusal, Death, or removal,
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shall happen at a time when there may be no Lieutenant Governor appointed to this Province, in which case, and not otherwise, some other fit person or persons shall be appointed by the Assembly, and the said Trustee or Trustees so to be appointed. ]
Page 60, line 9. After the word [the ], add the words [Governor and].
Then was also considered the Bill entituled " An Act for making perpetual An Act entituled ' An Act directing the Choice of In- spectors, and for holding the General Elections of this Province,'" and there appearing no Objections to the same, it was ordered to be returned to the Assembly, with a Verbal Messuage that the Gov- ernor gave his assent to it.
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Thursday 28th January, 1773.
A Committee of Assembly waited on the Governor, and again brought up the Loan Office Bill, with an answer to His Honour's amendments, wherein the House agreed to them all, proposing only to make one alteration in the 7th amendment by striking out the words [appointed to], and instead thereof inserting the words [re- siding in]; and the Governor taking the same into Consideration, and having no Objection to the said Proposal, immediately returned the Bill to the Assembly by the Secretary, with a Verbal Message that he agreed to the proposed alteration of the sd amendment.
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Friday, the 29th January, 1773.
The Governor, by the advice of the Council, sent to the Assem- bly the following Message by the Secretary, who at the same time laid before the House two Petitions from the Inhabitants of Bed- ford County, to which the Message refers :
" Gentlemen :
"I think it incumbent upon me to inform you that the late evacu- ation of Fort Pitt, by order of the Commander-in-Chief, hath greatly alarmed the Inhabitants of this Province settled beyond the Allegheny Mountains, who have been used to look upon that Fortress as their Safeguard against the Incursions of the Indians.
" I have received from the People in that quarter several Peti- tions (which I have ordered the Secretary to lay before you) ex- pressing their Apprehensions, of the dangerous situation to which they are reduced, and praying from Government a suitable Relief.
"Upon the receipt of these Petitions I wrote to General Gage by Express, requesting the Continuance of a small Garrison at that
69
PROVINCIAL COUNCIL.
Post, at least 'till the Meeting of the Assembly; But the General was of Opinion that the Execution of his Orders was too far ad- vanced to be countermanded, Nor did he seem to think it Expe- dient for him to have continued any of the Troops there, had my letter been in time. It cannot be doubted but that the late Mili- tary Establishment at Fort Pitt, did very greatly Contribute to the rapid Population of the Country beyond the mountain, and that the withdrawing the King's Troops must of course not only depress the Spirits of the Present Settlers, but retard the progress of the Settlement.
"I perswade myself that you will view the safety and protection of that Extensive and Flourishing district as an object of General importance, and worthy of the Public attention ; And as it appears to me that the most proper, and indeed the only assistance which can be afforded these people, is the supporting a small Garrison at that Post or Place, I find myself under the Necessity of applying to you to enable me to carry that Measure into Execution.
"RICHARD PENN.
" January 29th, 1773."
At a Council held at Philadelphia, on Thursday 4th February, 1773.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieu Governor, &c.
Benjamin Chew, 1 Esquires.
James Tilghman, Andrew Allen,
This Day being appointed by order of Council of the 11th of Jan- uary last, for the Consideration of the Petitions then laid before the Board, representing that some Errors had been made in the return of survey of the Public Road laid out from the middle ferry on Schuylkill, to the sign of the ship upon the Conestogo Road, and from thence to Strasburg in Lancaster County, which had been by an Order of Council of the tenth of November, one thousand seven hundred and seventy, approved and Confirmed, and praying that the Persons who laid out the said Road, may be ordered to re-survey the same and correct any errors that may appear in their said Return, The several Gentlemen who laid out the said road, as well as the Petitioners against it, in pursuance of notice given them by the Secretary, did this day attend the Board, and were severally heard. The Board thereupon, taking the said Petitions into their serious consideration, are of opinion that the several mis- takes which have been made in the return of the said Road ought to be rectified ; and it is therefore ordered that Joseph Fox, Jacob
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MINUTES OF THE
Lewis, Daniel Williams, John Morton, John Sellers, and James Webb, or any four of them, do re-examine and compare the courses and distances of the said Road, mentioned and set forth in their re- turn thereof to the Governor and Council, dated the fifteenth day of August, one thousand seven hundred and seventy, with their Field works taken at the time of their laying out and running the same, and Correct by their Field-works any error or errors that they may have made in their said Return; and if necessary, to review and re- measure any part of the said Road so as aforesaid by them laid out, and make a new return and Draught of the whole Road, with such Errors and Mistakes Corrected, to the Governor and Council, for their further Consideration.
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