USA > Pennsylvania > Colonial records of Pennsylvania, Vol. X > Part 9
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The Governor was this day pleased to Issue two General Com - missions of the Peace for the Counties of New Castle and Sussex, appointing the following Gentlemen Justices of the Court of Gen- eral Quarter Sessions of the Peace and of the County Court of Common Pleas, within the said Counties respectively, Viz' :
For New Castle County.
John Jones,
Thomas MeKeim,
Thomas James,
Jacob Peterson,
William Patterson,
John Evans,
William Armstrong,
Theodore Maurice,
William Williams,
Thomas MCKean,
John Stapler,
Benjamin Noxon,
David Finney,
John Malcolm,
Thomas Cooch,
George Craighead,
James Lattimer,
Richard Cantwell,
Dedimus Potestatem, directed to
RICHARD M'WILLIAM, GEORGE READ.
For Sussex County.
Benjamin Burton, Jacob Hollock,
John Rodney,
Anderson Parker,
Wrixam Lewis,
Parker Robinson,
Gilbercher Parker,
Boaz Manlove,
Levin Crapper,
John Wiltbanck,
Thomas Robinson,
Daniel Nunez,
William Conwell,
Nehemiah Davis,
Dedimus Potestatem, directed to
DAVID HALL, JACOB KOLLOCK, Jun"
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Monday, the 12th April 1773, A. M.
A Committee of Assembly presented to the Governor a Bill en tituled " An Act for the amendment of an Act entituled 'a further VOL. X .- 6.
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Supplement to the Act entituled ' An Act to enable the owners and Possessors of the Meadow, Marsh and Cripple on Red Lyon Creek, in New Castle County, to keep the Banks, Dams, Sluices, and Flood-gates in repair, and to raise a Fund to defray the Expence thereof.'' ''
Eodem Die, P. M.
A Committee of Assembly delivered the Governor the following Written Message on the Subject of the County Rate and Levy Bill :
" May it please your Honor,
"We return your Honor thanks, for so readily assigning your Reasons for refusing your assent to the Bill entituled ' An Act for raising County Rates and Levies ; We have taken them into our Serious Consideration, and beg leave to make the following obser- vations thereon :
" Your honor is pleased to say ' that the present Bill is a total Subversion of the mode of Taxation now used, and which has been long found beneficial to the People.' We answer, that it appears to us only to take away the Power of the Justices of the Peace and the Grand Jury of taxing those who do not choose them ; and that not only the mode of taxation, but also the very words and Clauses of the Present Law for raising County rates and Levies, are retained in the Bill now under consideration, and the principal difference between them is a change of some of the Persons who compose the Levy Courts as now Constituted. According to the English Constitution, no person whatsoever has a right to take away the property of another without his consent, given in person or by his representative.
"The present Law therefore, in this appears to be unconstitutional, and on experience we know it to be injurious to the People.
" Your Honor is pleased to say, 'That the Sheriff is chosen by the people, and he returns the Grand Jury.' This we agree is the fact, but when your honor is informed that the accounts of the Sheriffs annually exhibitted to the Levy Courts generally amount to a considerable sum, We do not apprehend your Honor will think it Reasonable or just, that he should have the nomination of the Persons who are to audit and allow them; and if the Recom- mendation of the Justices of the Peace of the County should be thought the only way for Gentlemen elected Candidates for the Sheriff's office to obtain the Commission, it is more than probable that they will fix upon the man who may be most pliant to their Will.
" You think it strange, that Gentlemen of Property when put into the Commission of the Peace should become enemies to their
.
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PROVINCIAL COUNCIL.
Country.' We humbly conceive there is nothing in the Present Bill which imports any such declaration ; it only implies that it is thought unconstitutional and unsafe, that officers appointed solely by the Crown during pleasure, should have the power of taxing the Subject.
" We would further remark, that tho' men of Property may have been put into the Commission of the Peace, (which has not always been the case,) yet if they should be of an arbitrary dispo- sition, want abilities or integrity, they might under the Law now in force, bei very oppressive the People. Besides, the Assessors and Grand jurors, not being on an equallity with the Justices of the Peace in rank or power, (their power in these Counties being much greater than that of the Justices of the Peace in England, or any other of His Majesty's Dominions,) are known to have little influence in the Levy Courts, and many of them, through fear of giving offence, too easily assent to what the Magistrates propose.
" You are pleased to say, 'that if by the change of Circumstan- ces in the Country, the Magistrates have got the superiority in the Levy Courts, that may be amended,' for which We are much obliged to your Honor ; but we are of opinion, the most effectual remedy is the present Bill, and if your Honor proposes any alteration or amendment to any particular provision therein, or part thereof, we do assure your Honor We will receive the same with the greatest deference, and pay all the Regard to it in our power consistent with our duty to our constituents. 'The Law which is repealed by the present Bill now before you,' your Honor says, 'has been in use for thirty years, and is a good one.' In answer, we would observe, that an Act of Assembly founded on the Principle of this present Bill, and nearly similar to it, has been in force in your Province of Pennsylvania for a much longer time, and found on ex- perience to render the greatest satisfaction.
" Upon the whole, We humbly beg your Honor to believe, that we have nothing in view by the present Bill (which has been peti- tioned for several years since, as well as now, by a very respectable number of People of this Government) but the good of our consti- tuents, and to reduce their taxes, which in some of the Counties are now enormous; and we flatter ourselves that no Credit will be given to any insinuations to the Contrary.
" We therefore hope that your Honour will be so good as to re- consider the Bill; and that as it is only to have continuance for six Years, and no probable inconveniencies, in our opinion, can arise. from it, that you will be pleased to enact it into a Law.
"Signed by Order of the House.
"THOS. M'KEAN, Speaker .. " April 12th, 1773."
To which the Governor wrote the following answer, and sent the. same to the House with the Bill by the Secretary, who at the same
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time, by the Governor's directions, returned the Red Lyon Creek Meadow Bill to the assembly, with his assent thereto.
" Gentlemen :
"When Ireceived an application from the House on Saturday last, for a conferrence upon the Bill entituled " An Act for raising Coun- ty Rates and Levies," which I so readily assented to, I imagined the Committee would have offered some reasons in support of it ; and, by pointing out to me the advantage and utility of such an Act to the Good people of this Government, have inclined me to alter the resolutions I had formerly respecting it ; But, contrary to my ex- pectation, the Conferrence desired by the House proved to be only a request that I would acquaint the Committee with my reasons for objecting to the Bill, which, with the greatest willingness, I endea- voured to do, in the most explicit manner I was Capable of ; in con- sequence of which, I have this day received a very long Message, containing many observations thereon. I have since carefully ex- amined into what the House have been pleased to call such Obser- vations, and after the most serious consideration, I do not find any thing Contained in them that has, in the least degree, given me reason to change my opinion with regard to the Bill. I therefore return it, and cannot agree to pass it into a Law.
"' April 12th, 1773."
" RICHARD PENN.
The Governor having acquainted a Committee of the Assembly who waited on him to know when and where he would be pleased to pass the Bills to which he had given his assent, that he should be ready to receive the House for that Purpose at his Lodgings in half an Hour, the Speaker and the whole House attended accord- ingly, and Presented twelve Bills, which the Governor enacted into Laws, Signed a Warrant 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 titles of the said Laws follows in these words, Viz:
" A Supplementary Act to an Act entituled 'an Act' for Limi- tation 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 entituled 'an Act for the better Confirmation of the Owners of Lands, &cc", in their just rights and Possessions."
" An Act for the relief of Mark McCausland and James Adams, Languishing Prisoners in the Goal of New Castle County, and James Parey, a Languishing prisoner in the Gaol 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 entitlued 'an Act for regulating Fences within this Government.'"
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" An Act for vesting the Presbeterian Church and the yard or Burying Ground adjoining the same, in the Town of New Castle, and the Burying Ground at the North-east end of the said Town, in Trustees."
" 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."
" A Supplement to an Act 'entituled ' An Act to enable the owners and Possessors of the Marsh Meadow on the North side of Christiana River, called Brandywine Marsh, and of a Tract of Meadow, Marsh and Cripple on the South side of the said River, called Holland's Creek Marsk, and also of a Tract of Marsh Mea- dow near New Port, called Conrad's Cripple, to keep the Banks, Dams, and Sluices in repair, and Raise a Fund to defray the Ex- pense thereof, so far as the same relates to the said Holland's Creek Marsh."
" An Act to enable the owners and Possessors of the Marsh Mea- dow on the North side of Christiana River, in the borough of Wil- mington, to keep the Banks, drains, and Sluices in Repair."
" 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 for the stopping Muddy Branch, in little Creek hun- dred, in Kent County, on Delaware, and embanking, draining, and Improving the Marsh, Cripple, and Lowlands.
" An Act to repeal so much of an Act entituled ' An Act for regulating and establishing Fees,' as relates to imposing a Fine of six pence on defaulting Jurors,'" and
" An Act entituled ' an Act for the amendment of an Act enti- tuled 'a further Supplement to the act entituled ' An Act to ena- ble the owners and Possessors of the Meadow, Marsh and Cripple on Red Lyon Creek in New Castle County, to keep the Banks, Dams, Sluices, and Floodgates in repair, and to raise a Fund to Defray the Expence thereof.' "
Before the House withdrew, the Speaker presented the Gover- nor an Order on the Trustees of the Loan Office for £150, for which his Honor returned the House his Thanks.
At a Council held at Philadelphia, on Friday 11th June, 1773.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gov- ernor, &cª.
James Tilghman, Esqr.
Upon reading and Considering a Letter from Robert Moody, Es- quire, to Dr. William Plunkett, and one from him to Messrs Ship-
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pen or Tilghman, concerning the motions of the New England People, which are as follows :
VALLEY FIELD, June 6th, 1773.
" Sir :
"One Justice Bennet, on his way from York Government to Munsey, has just now declared upon Oath that, about 25 miles this side of Wyoming, he was taken up by a party of Men, 60 or 70 in number, headed by John Dougherty, junior, all arm'd with Guns, &c., bound for the West Branch, with an Intent to build a Fort on J. Dougherty's place; they expected more men from Wyoming, and was to march this day. If you think it necessary the Sheriff should be apprised of the matter, pray do it, and advise me by return of the Bearer what step you intend to take, and I will join with you. " I am S'r, your Humble Servant,
"ROBT. MOODIE."
" Sir :
"The inclos'd piece of Intelligence being Confirmed beyond a Doubt from different quarters, I can't refrain the freedom of letting Government know our situation, through the Hands of the Secre- tary.
" Although cautious of murmering, we can't help wondering at it as strange that such a number of desperadoes should so long have residence unmolested, within the limits of this respectable Province, and in the Neighborhood of so feeble and defenceless a Body of In- habitants as we are.
" This morning we are Hurrying up to the place were the in- clos'd mentions they intend to Fortify, if Possible to check them a little, but some are of opinion that they mean for 'tother side of Munsey, or the unpurchased Land; if so I can't conjecture what will follow, as of the majority of the People there I have a mean opinion : in haste I beg leave to subscribe myself,
"Sir, your most Obedient Humble Servant,
"WM. PLUNKET.
"Northumberland, June 7th, 1773."
The Governor concluded to write the following Letter to Dr. William Plunket, in answer thereto :
" PHILADELPHIA, the 11th June, 1773.
" Sir,
" I have considered the intelligence you communicated in your Letter to Messrs. Shippen and Tilghman, concerning the motions of
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the New England People, and am both concerned and offended at their daring attempts to disturb the Peace of the Province, and Possess themselves of the Property of our People. Should they proceed to your parts, (as it seems Probable they will,) I doubt not but you and the rest of the Magistracy, with the Sheriff and other Peace officers, will exert yourselves in the execution of the Laws, in which you may be assured of all the Countenance, Protection and Support in my Power. So great a number of People appearing in arms is undoubtedly of itself a high and aggravated Breach of the Peace, and such as any Magistrate may take notice of, and cause the Partys to be arrested and bound to answer, and the Sheriff hath
upon occasions of this kind, a Power to raise the Posse of his Coun- ty, to assist in the Execution of the King's Process. Should the suppression of these dangerous and riotous proceedings prove be- yond the ordinary power of your County, (which however, I am in hopes they will not,) I shall certainly apply to the Assembly for their assistance. I rely upon the Spirited Conduct of the Magis- tracy and the People of the County upon this occasion, who will not fail to recommend themselves to the Government by shewing a disposition to support it against the Lawless intrusions of these Insurgents.
" You will not fail to inform me of their further Motions, and of your Proceedings against their Hostile designs.
"Should a number of them be arrested, more than can be con- veniently confin'd in your Gaol, I would have you send them under a proper Guard to Philadelphia.
" I am Your most humble Servant,
" RICHARD PENN.
" To WILLIAM PLUNKET, Esquire, President of the Court of General Quarter Sessions of the Peace, &c., for the County of Northumberland."
At a Council held at Philadelphia, on Wednesday 23d June, 1773.
PRESENT :
The Honourable RICHARD PENN, Esquire, Lieutenant Gov. ernor, &cª.
Lynford Lardner,
Benjamin Chew,
James Tilghman,
Andrew Allen, Esquires.
On reading a Petition from a number of the Inhabitants of the City and County of Philadelphia to the Governor and Council, pray- ing an appointment of Persons to review an old Road laid out above sixty years agoe from the upper end of Second Street to the place where a new Road was lately laid out by the Order of the Gover- nor and Council, to the Germantown Road, through the Land late
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of William Masters, deceased, It is Ordered that Joseph Fox, Daniel Williams, Luke Morris, John Lukens, Jonathan Evans, and Tench Francis, do re-view the said Old Road and ascertain the Courses thereof, and make report thereupon to the Governor and Council.
The Governor laid before the Board a Letter from Lord Dun- more, informing him that a Certain John Arters had made a con- fession of having formerly murdered one Thomas England in the City of Philadelphia, and that he was ready to be delivered up to Justice whenever his Honor shall demand him.
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July 10th, 1773.
The Governor was this day pleased to appoint John Swift, Esquire, a Justice of the Court of General quarter Sessions of the Peace and of the County Court of Common Pleas for the County of Bucks, by a Special Commission.
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July 19th, 1773.
The Governor, with the advice of the Council, this day issued the following Proclamation ; having previously Consulted the Speaker and Several Members of Assembly in Town, with respect to the payment of the rewards offered for discovering and bringing to Justice the Offenders, therein refered to, and obtained their Engage- ments that the Assembly would agree to pay the same on Convic- tion of the Offenders.
" By the Honourable RICHARD PENN, Esquire, Lieutenant Governor and Commander-in-Chief of the Province of Pennsyl- vania, and Counties of Newcastle, Kent, and Sussex, on Dela- ware.
" A PROCLAMATION.
" WHEREAS, a great number of Bills printed in the Form, Simili- tode and likeness of the true and genuine Bills of Credit of this Province, of the Denominations of Three Pounds and Thirty Shil- lings, dated the first day of March, 1769, have been forged and Counterfeited, and are now Circulating within this City and Prov- ince, to the great prejudice of his Majesty's honest and leige Sub- jects : And Whereas, it is of the Greatest Importance to the Trade and Commerce of this Province, that the Credit of all such Bills as have been emitted by Law should be supported and preserved,
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and that the Forgers and Counterfeiters of them should be dis- covered and brought to Condign and exemplary Punishment ; I have, therefore, thought fit, with the advice of the Council, to Issue this Proclamation, hereby Promising and engageing the Public' Reward of Five hundred Pounds shall be paid to any Person or Persons, other than the accomplices, who shall discover the Au- thor or Authors of the said Forgeries, so that he or they apprehended and brought to Justice. And I do also hereby Promise the Public reward of Two hundred and fifty pounds, as well as his Majesty's Most Gracious Pardon, to any one of the Perpetrators of the said Forgeries, who shall make discovery of one or more of his Accom- plices, so that he or they be prosecuted to Conviction. And I do moreover, hereby strictly Charge, enjoin, and require all Magistrates, Sheriffs, and other officers, as well as all other his Majesty's liege Subjects within this Province, to exert themselves and use their ut- most endeavors to discover and bring to Justice all offenders in the Premises.
" Given under my hand and the Great Seal of the said Province at Philadelphia, the nineteenth day of July, in the year of our Lord one thousand Seven hundred and seventy-three, and in the thir- teenth year of the Reign of our Sovereign Lord George the third, by the Grace of God of Great Britain and Ireland, King, De- fender of the Faith, &c.
"RICHARD PENN.
" By His Honour's Command.
" JOSEPH SHIPPEN, Jr., Secretary. " GOD SAVE THE KING."
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July, 1773.
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MEMORANDUM :
The Governor was this day pleased to issue a Pardon for Hum- phrey Harrison, who was convicted of Burglary at a Court of Oyer and Terminer held for this County in April last, His Honor having lately, for divers good Causes and Considerations, suspended the Execution of the Sentence of Death which had been pronounced against him by the Judges of the said Court.
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At a Council held at Philadelphia, on Monday August 9th, 1778.
PRESENT :
The Honorable JAMES HAMILTON, Esquire, President.
Joseph Turner, Benjamin Chew, r William Logan, Thomas Cadwallader, Esquires;
James Tilghman,
The Governor having gone on a Journey to New Jersey, a Peti- tion was this day presented to the President and council by Mon- sieur Pierre Peron, Commander of the Snow D'Auberton, belong- ing to Merchants of Rochelle, in France, which was read and follows in these words, Vizt:
[Blank of half page in Council Book.]
At the same time was laid before the Board the Captain's Protest, referred to in the above Petition ; and the Board taking the said Pro- test and Petition into their serious consideration, and finding upon due enquiry and examination, that the Facts set forth in them are true, Or- dered that the said Snow be permitted to be examined, and the ne- cessary repairs made on her, to enable her to prosecute her intended Voyage, and that her Cargo be unladen, under the care and Inspec- tion of the Custom House officers of this Port, and that the same be deposited in a Store untill the said Snow be sufficiently Repaired; and for the better security of the Cargo against Fraud and Embez- zlement, that one Key of the same be kept by the Collector, and another by the Naval Officer. The Board appointed John Shee, Merchant, to Transact all the necessary Business relating to the said Snow and her Cargo, as Factor or Agent for the Master, during her Continuance in this Port.
Zachariah Hood, Esquire, Comptroler, who in the absence of the Collector, officiated in his stead, and Frederick Phile, Deputy Naval Officer of this Port, at the Request of the Board appeared, and -were made acquainted with this order, and directed to take notice of the same, and Govern themselves accordingly.
At a Council held at Philadelphia, on Monday the 30th August,( 1773.
PRESENT : The Honourable JOHN PENN, Esquire, Governor.
The Honourable JAMES HAMILTON, Esquire,
Joseph Turner, James Tilghman,
Lynford Lardner, Andrew Allen,
Benjamin Chew, Edward Shippen, jun". Esquires.
Thomas Cadwallader,
The Honorable Thomas Penn and John Penn, Esquires, true and absolute Proprietaries and Governors in Chief of the Province of
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PROVINCIAL COUNCIL.
Pennsylvania, and Counties of New Castle, Kent, and Sussex, on Delaware, having been pleased to revoke and make void, by an In- strument of Writing under their Hands and Seals, bearing date the thirteenth day of April last, their Commission to the Honorable Richard Penn, Esquire, to be Lieutenant Governor of the said Pro- vince and Counties, and the said Thomas Penn, Esq"., having, with his Majesty's Approbation, been pleased on his behalf, and as far as he was enabled thereto, to Constitute and appoint the said John Penn, Esqr., to be deputy and Lieutenant Governor of the said Pro- vince and Counties, by a Commission under his Hand and Seal, bear- ing date the Fourteenth day of April last, and to sign a Warrant for affixing the Great Seal thereto; and the Great Seal being accord- ingly this day affixed to the said Commission, The said Revocation and Commission were produced to the Board and read, and Ordered to be immediately Recorded in the Rolls Office.
The Certificate of his Majesty's Approbation above referred to is as follows, Vizt. :
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At the Court at St. James', the 30th day of June, 1773.
PRESENT :
The King's Most Excellent Majesty in Council.
His Majesty having been pleased to declare his Royal Allowance and Approbation of John Penn, Esquire, to be Deputy or Lieuten- ant Governor of the Province of Pennsylvania for and on behalf of Thomas Penn, Esquire, one of the Proprietaries of the said Prov- ince, during the good Pleasure of the said Thomas Penn and his Heirs, and of the three Lower Counties of New Castle, Kent, and Sussex, during his Majesty's Will and Pleasure only, He this day took the Oaths appointed to be taken, instead of the Oaths of Allegiance and Supremacy, and also the Oath required to be taken by the Governors of His Majesty's Plantations, for putting in Exe- cution the acts of Trade and Navigation.
"G. CHETWYND."
The Board then taking into Consideration what ought to be the Stile and Title of Mr. John Penn during his administration of the Government, agreed and Settled the same to be as follows, vizt :
" The Honorable John Penn, Esq"., one of the true and absolute Proprietaries of the Province of Pennsylvania, and Counties of New Castle, Kent, and Sussex, on Delaware, and Governor and Com- mander-in-chief of the said Province and Counties, as well in his own Right, as by the Appointment of the Honorable Thomas Penn, Esqr., the other true and Absolute Proprietary of the said Province and Counties."
The Governor then acquainted the Board that he thought proper to Continue Mr. Joseph Shippen, jun'", in his Office of Provincial
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Secretary and Clerk of the Council, and desired that an Entry of the same might be made on the minutes of Council. The Secretary was then directed to prepare a Draught of a Proclamation for the Continuance of Officers holding Commissions under this Govern- ment.
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