USA > Pennsylvania > Colonial records of Pennsylvania, Vol. X > Part 8
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69
The Governor having received from the Assembly a Written Message in answer to his Message of the 29th Ultimo, laid the same before the Board. The Message was read, and follows in these words, Vizt :
" May it please your Honour :
" We have taken into our Consideration your Message of the 29th Ulto., respecting "the apprehensions of the Inhabitants of this Province, settled beyond the Allegheny Mountains, of the Dangerous situation they are reduced to by the evacuation of Fort Pitt," and request that your honour would acquaint us whether, from any Hostile Transactions or other Circumstances, Government has reason to believe that there is a disposition in the Indians to Violate the Solemn Treaties which have been repeatedly made and ratified between them and his Majesty's Colonies, and hitherto so well observed. And also, that you will be pleased to lay before us. all Treaties or Intelligence lately held with, or received from the natives, to enable us to judge of their Temper, and the most proper measures to preserve that Harmony with them which is of the highest importance to the prosperity of the Province.
"Signed by order of the House. "JOSEPH GALLOWAY, Speaker. " Feb'ry. 3d, 1773."
A Committee of two Members of Assembly waited on the Gov- ernor in Council, and presented to him for his concurrence two Bills, entituled :
" An Act appointing the Wardens for the Port of Philadelphia, and for other purposes therein mentioned ;" and
" An Act for preserving the Navigation in Shearman's Creek, in the County of Cumberland, and to prevent the Destruction of Fish in the same;" which were laid before the Board, and referred for Consideration To-morrow.
71
PROVINCIAL COUNCIL.
At a Council held at Philadelphia, on Friday 5th Febr'y, 1773.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gov- ernor, &cª.,
Richard Peters, James Tilghman, Esquires.
Benjamin Chew,
A Member of Council having prepar'd a draught of a Message in reply to the Assembly's Message of the 3d Instant, the same was read and approved, and the Secretary was directed to Transcribe it, and carry it to the House in the afternoon, the Message follows in these words, Viz' :
" Gentlemen :
" My Message to you of the 29th of January, respecting the Propriety of keeping up a small Garrison at Fort Pitt, was not founded on any Certain Intelligence that the Western Indians had immediate designs of Committing acts of Hostility against us. The petitions. now before you demonstrate that the In- habitants of our Frontier have considered that post as their principal security against Indian Incursions, and an Assylum in Case of a sudden attack, for their Women and Children ; the evacu- ating it has therefore filled their minds with Fears and apprehen- sions. When I consider, Gentlemen, the unspeakable sufferings and distress which attended those unhappy People and their Fami- lies, who were settled on the Western Frontier in the last Indian War, which was as unexpected as it was unprovoked, I confess I cannot help being greatly affected, and do not wonder that they now apply to Government for some Assistance to protect them against the like Calamities in future, and altho' there may be no prospect of a speedy renewal of Hostilities on the part of the In- dians, it may yet be good policy to guard in time against the worst that can happen, especially as the Measure Proposed will be attend- ed with no great expence to the Public ; A Garrison of 25 or 30 men to keep possession of that Important Place, being perhaps suf- ficient for the Present. These reasons induced me at first to lay the matter before you as an object worthy of your attention, and have still so much weight with me, that I think myself obligated again to recommend it to your serious Consideration.
"RICH'D PENN.
" February 5th, 1773."
The Board resumed the Consideration of the Bill for preserving the Navigation in Shearman's Creek, &c, and one amendment being made to it, it was ordered to be returned with the same to the As- sembly.
1
r
h
e, y
es e- of
tes
72
MINUTES OF THE
The Bill appointing Wardens for the Port of Philadelphia was then in part Read and Referred to further Consideration.
The Governor having received a Petition from the Inhabitants of the Northern parts of Lancaster and Berks Counties, praying that those parts may be erected into a new County, The Secretary was directed to carry the same to the Assembly, and to acquaint them that, as his Honor Conceived that Petition ought rather to have been addressed to the House than to him, he therefore thought proper to lay the same before them for their perusal and Conside- ration.
At a Council held at Philadelphia, on Friday the 11th Feb- ruary, 1773.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gover- nor, &ca.
Richard Peters,
James Tilghman, Esquires.
Benjamin Chew,
Andrew Allen,
The Board resumed the consideration of the Bill for appointing Wardens for the Port of Philadelphia ; and a few amendments being made to it, the Bill was ordered to be returned with the same to the Assembly.
The Governor then laid before the Board five Bills sent up by the Assembly for his concurrence, entituled as follows, Vizt:
" An Act for erecting part of the County of Bedford into a se- perate County."
" An Act for regulating vendues in the City of Philadelphia, the district of Southwark, the Townships of Moyamensing and the Northern Liberties."
" An Act to enable the persons therein named to hold Lands, and to invest them with the Privileges of Natural born Subjects of this Province."
" An Act for confirming the Estate of William Martin, in and to a certain Tract of Land in the Township of Charlestown, in the County of Chester."
" An Act for making perpetual the Act entituled 'An Act for laying a duty on Negroes and Molatto Slaves imported into this Province, and laying an additional duty on the said Slaves."
The first mentioned Bill was read and Considered, and being ap- proved, was ordered to be returned to the House with the Gover- nor's assent. The other four Bills were in part considered and re- ferred for further Consideration.
.
73
PROVINCIAL COUNCIL.
At a Council held at Philadelphia, on Wednesday 17th Feb- ruary, 1773.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gov . ernor, &c. Richard Peters,
Benjamin Chew,
James Tilghman,
Edward Shippen, jun"., S Esquires.
The Board resumed the Consideration of the Bill for regulating Venders, &cª., and several amendments being made to it, the Bill was ordered to be returned with them to the Assembly.
Then were also re-considered three Bills, entituled " An Act for making perpetual the act entituled 'an Act for laying a duty on Negroes, &c.'"
" An Act to enable the persons therein named, to hold Lands, &cª.," and " An Act for confirming the estate of William Martin, &c," which being approved, the Secretary was directed to return them to the Assembly, with a Verbal Message that the Governor agreed to them, and would be ready to pass them into Laws when- ever the House shall present them for that purpose.
A Member of Council acquainting the Governor that a new Com- mission was wanted for the tryal of Negroes in Lancaster County, his Honour was pleased to direct that a Commission be accordingly made out, appointing Emanuel Carpenter and Isaac Sanders, Es- quires, Justices for holding Courts for the Tryal of Negroes in the said County.
At a Council held at Philadelphia, Monday 22d February, 1773.
PRESENT : .
The Honourable RICHARD PENN, Esquire, Lieutenant Gov. ernor, &cª.
Richard Peters,
Benjamin Chew,
James Tilghman,
} Esquires.
The Governor laid before the Board four Bills sent up by the Assembly for his Concurrence, entitled as follows, vizt. :
" An Act to erect a new Gaol, Work-house, and House of Cor- rection in the City of Philadelphia."
" An Act appointing Trustees to take care of the Person and Es- tate of Richard Gardner, a Lunatic."
" An Act for Vacating a part of a Road in the township of the Northern Liberties, and for Confirming a new Road laid out and made instead thereof ;" And
" A Supplement to the Act entituled " An Act for making the River Schuylkill navigable, and for the Preservation of the Fish in the same."
74
MINUTES OF THE
Which Bills being severally read and considered by the Board, the Secretary was directed to return them to the Assembly in the Afternoon, with a few amendments made to the first, and to ac- quaint the House that the Governor could not consent to pass the second Bill into a Law; but that he agreed to the two last men- tioned Bills, and would be ready to pass them whenever presented to him for that purpose.
The Vendue Bill being again sent up to the Governor by the As- sembly with a Message that the House adhered to the Bill, The Governor, by the advice of the Board, directed the Secretary to re- turn the said Bill to the Assembly, with a Verbal Message that the Governor adhered to his proposed amendments.
The Governor also laid before the Board a Message he received last week from the Assembly, which was read, and follows in these Words, Vizt :
" May it Please your Honor :
"When we considered your Message of the 29th of January, recommending the support of a Garrison at Fort Pitt, founded on apprehensions in the Back Inhabitants of Danger from the Indians, at a time when we imagined the treaties of Friendship were per- fectly observed between his Majesty and them, we thought it our duty to enquire into the Reason and Grounds, if any, for those apprehensions. We were, therefore, induced to ap- ply to Government for information whether there appeared a dis- position in the Natives to Violate those Treaties; and from your last Message we cannot find that there is the least Cause for such a suspicion, otherwise we have no doubt you would, on our Re- quest, have communicated it; From whence we are led to conclude that the uneasiness of the Back Settlers is without Foundation, and by no means a sufficient Reason for a Measure which we fear may be productive of the very mischiefs it may be intended to avert.
" We well known that from the first Settlement of the Province, down to the late French and Indian War, the most perfect good understanding and Friendship were preserved between this Gov- ernment and those People, by a Conduct uniformly just and kind towards them; that since the late Indian War, the like happy effects have been produced by the like Policy, and that on the Contrary, the maintaining of Garrisons in or near their Country, has been frequently an object of their Jealousy and Complaints ; to this we may add, that it appears by Intelligence now before us, from the Deputy Superintendant of Indian Affairs in that Quarter, that having in pursuance of his Majesty's Orders communicated to the Western Indians the Evacuation of Fort Pitt, that Measure is so entirely agreeable to them, that it is likely to effect a Removal of their Jealousies, and a Conciliation of their Affections to this Province.
" We might offer other Reasons for not concurring in Senti- ments with your Honour, on the Propriety of supporting a
75
PROVINCIAL COUNCIL.
Garrison at Fort Pitt, but being of Opinion that any warlike Preparations, even within our own Frontiers, at a time of prevail- ing Harmony between us and the Natives, may be attended with more Ill than good Consequences, we shall wave them as unneces- sary, and Content ourselves with assuring you that we shall, and we have no doubt but all future Assemblies will be ever Ready when there shall be real Occasion, to afford every kind of Pro- tection to the back Inhabitants the Circumstances of the Province will allow.
"Signed by order of the House.
" JOSEPH GALLOWAY, Speaker. " February 19th, 1773."
At a Council held at Philadelphia, the 25th of February, 1773.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gov- ernor, &c.
Richard Peters,
James Tilghman,
Edward Shippen, jun" & Esquire
The Governor laid before the Board two bills sent up by the Assembly for his Concurrence, entituled :
"An Act to amend the act entituled 'An Act to regulate the assize of Bread, and for other purposes therein mentioned,' " and
" An Act for vesting a Certain Tract of Land in the Township of Middletown, & County of Cumberland, and a Lot in the Town of Carlisle, in the said County, in Trustees, to be sold for the pur- pose therein Mentioned."
Which Bills being read and considered, The Secretary was di- rected to carry them back to the Assembly, with one amendment made to the first, and to acquaint the House that the Governor agreed to the other, and would be ready to pass it whenever presen- ted to him for that purpose.
At a Council held at Philadelphia, on Friday the 26th of Feb- ruary, 1773.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gover- nor, &c.
James Tilghman,
Edward Shippen, Jun"., Esquires.
The Governor laid before the Board two Bills sent up by the As- sembly for his concurrence, entituled as follows, vizt. :
76
MINUTES OF THE
" An Act to repeal the act entituled ' An Act to prevent Frauds and abuses in the Manufacturing of Leather ;'" and
" An Act for the Relief of William Richie, a Languishing Priso- ner in the Gaol of Philadelphia, and John Milleron, a Languishing Prisoner in the Gaol of Lancaster County, with respect to the Im- prisonment of their Persons."
Both which were read and considered, and the Secretary was ordered to return them to the assembly, with the Governor's assent to the first mentioned Bill, and a few amendments to the last.
The Governor then informed the Board that he yesterday re- ceived a verbal Message from the assembly, acquainting him that the House proposed to adjourn to the 20th of September next, if his Honor had no objections to it, and desired to know at what time to-morrow they should wait on him in order to enact into Laws the Several Bills to which he had given his assent, and that he replied, he had no objection to the proposed time of their ad- journment, and would send them notice at what time he should be ready to pass the Bills ; the Governor therefore directed the Secre- tary to inform the Speaker that he would meet them at the Council Chamber in the afternoon, as soon as he should be acquainted that the House had the Bills in readiness to present to him for that Pur- pose, and that he had appointed two Members and the Secretary to join with three Members of the House, in Comparing the en- grossed Bills with their Originals.
-
Eodem die, P. M.
The several engrossed Bills being Compared with their Originals and found to agree.
The Governor sent a Message to the assembly by the Secretary, acquainting them that he was now in the Council Chamber, and that he required their attendance in Order to enact into Laws the several Bills to which he had given his assent.
The House accordingly attended, and the Speaker presented to the Governor Fifteen Bills, which his Honor enacted into Laws, and signed a Warrant for affixing the Great Seal to them. The said Laws were accordingly Sealed, and were afterwards deposited in the Rolls office, and are entituled as follows, vizt :
" An Act for emiting the sum of One Hundred and Fifty thou- sand pounds in Bills of Credit on Loan, and providing a fund for the Payment of Public debts."
" An Act appointing Wardens for the Port of Philadelphia, and for other purposes therein mentioned."
"An Act for preserving the Navigation of Shearman's Creek, in the County of Cumberland, and to prevent the destruction of Fish in the same."
77
PROVINCIAL COUNCIL.
" An Act for erecting part of the County of Bedford into a Sepa- rate County."
" An Act to enable the Persons therein named to hold Lands, and to invest them with the Privileges of Natural Born Subjects of this Province."
" An Act for Confirming the Estate of William Martin in and to a certain Tract of Land in the Township of Charles Town, in the County of Chester."
"An Act for making perpetual an Act entituled ' An Act direct- ing the Choice of Inspectors, and for holding the General Election in this Province.'"
" An Act for vacating a part of a Road in the Township of the Northern Liberties, and for confirming a new Road laid out and made instead thereof."
" An Act for making perpetual the act entituled ' An Act for laying a duty on Negroes and Mulattoe Slaves Imported into this Province,' and laying an additional duty on the said Slaves."
"A Supplement to the act entituled 'An Act for making the River Schuylkill Navigable, and for the Preservation of the Fish in the said River.'"
" An Act for erecting a new Gaol, Work House, and House of Correction, in the City of Philadelphia."
" An Act to amend the act entituled ' An Act to regulate the assise of Bread, and for other purposes therein mentioned."
" An Act for vesting a Certain Tract of Land- in the Township of Middleton, and County of Cumberland, and a Lot in the Town of Carlisle, in the said County, in Trustees, to be sold for the pur- poses therein mentioned."
" An Act to repeal the act entituled ' An Act to prevent frauds and abuses in the Manufacturing of Leather ;' " and
" An Act for the relief of two Languishing Prisoners, with Re- spect to the Imprisonment of their Persons."
Before the House withdrew, the Speaker presented to the Gov- ernor a Certificate for £500, for which his Honor was pleased to say he was much obliged to the House.
-
Saturday the 27th February, 1773.
MEMORANDUM :
A Law having past yesterday for erecting a part of the County of Bedford into a separate County, called Westmoreland, and Arthur St. Clair, Esqr., the Present Prothonotary, &cª., of Bed- ford, having requested the Governor to Grant him the offices in the new County, in lieu of those he now holds in Bedford. County, His Honour was this day pleased to appoint him to the Several offices following, in the said County of Westmore-
78
MINUTES OF THE
land, by three Separate Commissions, under the Great Seal of the Province, viz: Prothonotary or principal Clerk of the County Court of Common Pleas, Clerk or Register of the Orphans' Court, and Recorder of Deeds. The Governor was then pleased to fill up the vacancy which was made by the removal of Mr. St. Clair, by appointing Thomas Smith, Esquire, Prothonotary or Prin- cipal Clerk of the County Court of Common Pleas for the County of Bedford, Clerk or Register of the Orphans' Court for the said County of Bedford, and Recorder of Deeds for the said County of Bedford, by three separate Commissions; and it being necessary that General Commissions of the Peace should be immediately issued for the said Counties of Bedford and Westmoreland, the fol- lowing persons were, after due Consideration, agreed on and Com- missionated by the Governor to be Justices of the Court of Gene- ral Quarter Sessions of the Peace and of the County Court of Common Pleas within the said Counties respectively, vize :
For the County of Bedford.
John Frazer,
Abraham Keble,
Bernard Daugherty,
Thomas Smith,
Arthur St. Clair,
Thomas Coulter,
William Proctor, Jun',
John Piper,
Robert Cluggage,
Elias Stillwell,
William McConnell,
Abraham Miley,
George Woods,
Richard Hogland,
Dedimus Postestatem, directed to
JOHN FRAZER,
BERNARD DOUGHERTY, THOMAS SMITH.
For the County of Westmoreland.
William Crawford,
Eneas M'Kay,
Arthur St Clair,
Joseph Spear,
Thomas Gist,
Alexander M'Clean,
Alexander M'Kee,
James Cavet,
Robert Hanna,
William Bracken,
William Lockery,
James Pollock,
Geo. Wilson,
Samuel Sloan,
William Thompson,
Michael Rugh.
Dedimus Postestatem, directed to
WILLIAM CRAWFORD, ARTHUR ST. CLAIR, ROBERT HANNA.
The office of Coroner of the City and County of Philadelphia having become vacant by the Death of Mr. Caleb Cash, and Mr. John Knight having stood a Candidate for the said office for a num-
79
PROVINCIAL COUNCIL.
ber of years past, did this day exhibit a Petition, Praying that the Governor would be pleased to appoint him Coroner of the said City and County. Whereupon the Governor was pleased to appoint him, the said John Knight, to the office of Coroner of the City and County aforesaid, untill his Term therein , according to the Constitu- tion of this Province, shall of Course expire.
-
New Castle, Wednesday the 7th April, 1773.
The Assembly of the three Lower Counties having met on the 29th of March, pursuant to their adjournment, and proceeded to Business, The Governor attended here this day, when three mem- bers of the House waited on his Honor and Presented him four · Bills for his Concurrence, entituled as follows, Vizt :
" A Supplement act to an Act entituled ' An Act for Limita- tion of actions, and proving accounts against the Estates of Per- sons dying within this Government.' "
" A Supplementary Act to an Act entituled 'a Supplement to an Act of this Government, entituled an Act for the better Con- firmation of the owners of Lands, &ca-, in their Just Rights and Possessions.' "
" An Act for the relief of Mark M'Causland, and James Ad- ams, Languishing Prisoners in the Gaol of New Castle County, and James Parey, a Languishing Prisoner, in the Goal of Sussex County, with respect to the Imprisonment of their Persons."
" An Act for continuance of a Former act entituled 'a Supple- ment to an Act entituled an Act for Regulating fences within this Government;'" which being read and Considered, were returned to the Assembly by the Secretary, with a few amendments to the first mentioned Bill, and a Verbal Message by the Secretary, that the Governor gave his assent to the three others.
Eodem die, P. M.
A Committee of Assembly waited on the Governor, and return- ed him the Supplementary Bill to the act entituled " An Act for Limitation of actions, &ca.," and acquainted him that the House agreed to the first of his proposed amendments, but adhered to the Bill as to the other two. The same Committee presented to the Governor for his Concurrence three Bills, entituled
" An Act for vesting the Presbyterian church, and the yard or Burying Ground adjoining the same, in the Town of New Castle, and the burying Ground at the Northeast end of the said Town, in Trustees.
80
MINUTES OF THE
" An Act to enable Certain Trustees to sell Lands in the County of Kent, settled in trust for the use of the Minister of Duck Creek Church, and for other purposes therein mentioned ;" and
" A Supplement to an act entituled 'an act to enable the owners and Possessors of the Marsh Meadow, on the North side of Chris- tiana River, called Brandywine Marsh, and of a Tract of Meadow Marsh and Cripple, on the south side of the said River, called Hol- land's Creek Marsh, and also of a Tract of Marsh Meadow near Newport, called Conrad's Cripple, to keep the Banks, Dams, and Sluices in repair, and Raise a fund to defray the Expence thereof, - so far as the same relates to the said Holland's Creek Marsh ;" which Bills were considered, and being agreed to by the Governor, returned them to the assembly by the Secretary, with a Message that he gave his assent to them, and also returned the Supple- mentary Bill to the act for Limitation of actions, &cª-, and directed the Secretary to acquaint the House that he receded from the 2d & 3d amendments which he had proposed to make to the same.
-
Saturday, 10th April, 1773.
A Committee of Assembly presented to the Governor for his Concurrence a Bill entituled " An Act for the raising County Rates and Levies.
The Assembly also sent up to the Governor for his Concurrence, by a Committee, four other Bills, entituled as follows, Viz4:
" An Act to enable the Owners and Possessors of the Marsh Meadow on the North Side of Christiana River, in the Borough of Wilmington, to keep the Banks, Drains, and Sluices in Repair."
" An Act for Stopping Muddy Branch, in Little Creek hundred, in Kent County, on Delaware, and embanking, draining and Im- proveing the Marsh Cripple and low Lands."
" An Act for stopping Mill Creek, in Christiana Hundred, and for keeping the Dam to be erected across the same, and the Sluices to be laid therein in good Order and Repair, and for raising a Fund to defray the Expence thereof."
| " An Act to repeal so much of an Act entituled ' An Act for regu- lating and Establishing Fees,' as relates to the imposing a Fine of six pence on Defaulting Jurors."
The said Bills being severally read and Considered, were returned to ye Assembly by the Secretary, with a Verbal Message that the Governor agreed to the four last mentioned Bills, and could not consent to pass into a Law the Bill for raising County Rates and Levies.
-
81
PROVINCIAL COUNCIL.
Eodem die, P. M.
A Committee of the assembly waited on the Governor, and again delivered him the Bill for raising County rates and Levies, and re. quested him to receive a Committee of the House to confer with him on that Bill, and know his Reasons for objecting to it. Upon which the Governor sent a Verbal Message to the assembly by the Secretary, acquainting them that he was ready to receive the Com. mittee, who accordingly waited on the Governor, and he gave them. his reasons for Refusing his Assent to the Bill.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.