The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. III, Part 12

Author: Hazard, Samuel, 1784-1870
Publication date: 1828
Publisher: Philadelphia : Printed by W.F. Geddes ;
Number of Pages: 440


USA > Pennsylvania > The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. III > Part 12


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A congress of Delegates, chosen either by the Repre- sentatives in Assembly, or by them in convention, ap- pears to us the first proper step to be taken. Nor are we dubious, but that it may be happily effected in a short time, should calm aad prudent measures be pur- sued to obtain it. In this congress, composed of the Representatives, constitutionally chosen, if all concern- ed, and who would of course act with weight and autho- rity, something might be produced, by their united wis- dom, to ascertain our rights, and establish a political union, between the two countries, with the assent of both, which would effectually secure to Americans their future rights and privileges. Any thing short of this will leave the colonies in their present precarious state; disunited among themselves, unsettled in their rights, ignorant of their duties, and destitute of that connexion with Great Britain which is indispensably necessary to the safety and happiness of both .-


We are, &c.


JOSEPH GALLOWAY, Speaker.


SAMUEL RHOADS, ) Committee of WILLIAM RODMAN, Correspon- ISAAC PEARSON, S dence.


P. S. The Assembly of this province are summoned by the Governor's Writs to meet on the 18th of next month.


To the Committee of Correspondence of the Province of the Massachusetts Bay.


At a meeting of a very respectable body of the freehol- ders and others, inhabitants of the county of Berks, at Reading, the 2d of July, 1774 .- Edward Biddle, Esq. in the chair.


This assembly taking into their very serious consi- deration the present critical situation of American affairs, do unanimously resolve as follows, viz:


1. That the inhabitants of this county do owe and will pay due allegiance to our rightful Sovereign King George the Third.


2. That the powers claimed, and now attempted to be put in execution by the British Parliament are funda- mentally wrong, and cannot be admitted without the ut- ter destruction of the liberties of America.


3. That the Boston Port Bill is unjust and tyrannical in the extreme ;- And that the measures pursued against Boston are intended to operate equally against the rights and liberties of the other colonies.


4. That this Assembly doth concur in opinion with their respectable brethren of Philadelphia, that there is an absolute necessity for an immediate congress of de- puties from the several colonies, in order to deliberate upon and pursue such measures, as may radically heal our present unhappy disturbances, and settle with pre- cision the rights and liberties of America.


5. That the inhabitants of this county, confiding in the prudence and ability of the deputies intended to be chosen for the general congress, will cheerfully submit to any measures, which may be found, by the said con- gress, best adapted for the restoration of harmony be- tween the mother country and the colonies, and for the security and firm establishment of the rights of America.


6. That as the people of Boston are now suffering in the grand and common cause of American liberty, Re- solved, That it is the duty of all the inhabitants to con- tribute to the support of the said sufferers,-and that the committee hereafter named do open subscriptions for their relief. And further, that the said committee do lay out the amount of such subscriptions in purchas- ing flour and other provisions, to be sent by them to our said suffering brethren.


7. That Edward Biddle, James Reed, Daniel Brod- head, Henry Christ, Esquires; Christopher Schults, Thomas Dundass, and Jonathan Potts, Gentlemen, be and they are hereby appointed a Committee to meet and correspond with the Committees from the other coun- ties of the province.


The thanks of the Assembly were unanimously voted to the Chairman, for the patriotic and spirited manner in which he pointed out the dangerous situation of all the American colonies, occasioned by the unconstitutional measures lately pursued by the British Parliament, with respect to Boston; expressing, at the same time, the greatest loyalty to our sovereign, and the most warm and tender regard for the liberties of America.


There never appeared greater unanimity of sentiment upon any occasion, than in the resolves made by the freemen of this county, all cordially agreeing to sacrifice every temporary advantage, for the sake of securing li- berty to themselves and their posterity.


To the Freeholders and others, inhabitants of the coun- ty of Chester, qualified by law to vote for Representa- tives in General Assembly.


Gentlemen-The large and very respectable Commit- tee for the city and county of Philadelphia, have wrote to us, the subscribers, requesting that a Committee might be chosen for this county as soon as possible, to meet the Committees from the other counties of this province, at the city of Philadelphia, on the 15th day of this instant, to deliberate on matters of the greatest weight and importance, not only to us, but to all Ame- rica. And we are now assured that, on account of the Indian disturbances, his Honour the Governor has found it necessary to call the Assembly to meet, in their legis- lative capacity, on Monday the 28th of this instant; and we also find, that it is not only the opinion and request


37


MEETINGS ON BOSTON PORT BILL.


1829.]


of the said Committee for Philadelphia, but also the opinion and desire of a number of respectable persons of this county, coinciding with our own opinions, as lovers of civil and religious liberty, that the Committees of the several counties of this province should meet at Phila- delphia, on the said 15th day of this instant, in order to assist in framing instructions, and preparing such matters as may be proper to recommend to our representatives at their meeting the Monday following.


We have therefore thought proper, on mature delibe- ration, and by the advice of a number of gentlemen of this county, to appoint Wednesday the 13th instant, at one o'clock in the afternoon as a proper time for the in- habitants of this county to meet at the Court house in Chester, to choose such a number of our best and wisest men as a committee for this county, as shall be judged necessary to meet the other Committees, at the time and place above mentioned. for the purpose aforesaid, and for such other purposes as may then be deemed useful and necessary. And we sincerely hope that the good people of this county will give their attendance on that day, and calmly and heartily join with in doing the business proposed, which we earnestly wish and desire may answer the good purposes intended by it. FRANCIS RICHARDSON, ELISHA PRICE, HENRY HAYES.


Chester, July 4, 1774.


At a meeting of a very respectable number of the free- men and inhabitants of the county of Lancaster, on Saturday the 9th of July, 1774 .- George Ross, Esq. in the chair.


This assembly, taking into their serious considera- tion the several late acts of the British parliament rela- tive to America, came unanimously to the following De- clarations and Resolves, viz.


1. We do sincerely profess and declare, that his most gracious Majesty King George the Third, is our rightful and lawful sovereign, and that we will at all times sup- port and defend him to the utmost of our power, with our lives and fortunes, against his enemies.


2. We do further declare, that no power is constitu- tionally lodged in the hands of any body of men, to give and grant our money, save only our representatives in assembly, who have at all times chearfully granted aids to his Majesty, whenever he has made a requisition from them.


3. That the acts of the British parliament for divest- ing us of such right, and assuming such power to them- selves, are unconstitutional, unjust and oppressive.


4. That it is an indispensible duty we owe to ourselves and posterity, to oppose with decency and firmness, every measure tending to deprive us of our just rights and privileges.


5. That a close union of the colonies, and their faith- ful adhering to such measures as a general congress shall judge proper, are the most likely means to procure redress of American grievances, and settle the rights of the colonies on a permanent basis.


6. That it is highly expedient to appoint a commit- tee, to meet the committee of the other counties of this province at Philadelphia, on the 15th instant, to confer with them on the important matters mentioned in the letter from the chairman of the committee of Philadel- phia.


7. That we will sincerely and heartily agree to, and abide by the measures which shall be adopted by the members of the general congress of the colonies.


8. That we do tenderly sympathize with our brethren of Boston, who are suffering in the American cause by an unconstitutional and oppressive act of the British par- liament, called the Boston Port Bill.


9. That a subscription be opened for the relief of our suffering brethren there,


10. That the subscription be put into the hands of the committee of this county, to be by them laid out in the purchase of provisions and sent to Boston towards the relief of their distresses.


11. That the committee for the borough of Lancas- ter already oppointed, be a committee of correspond- ence; and that George Ross, James Webb, Matthias Slough, Joseph Ferree, Emanuel Carpenter, and Wil- liam Atlee, Esquires, Mr. Alexander Lowry, and Mr .. Moses Erwin, be the committee to meet and consult with the committees of the other counties of this province at Philadelphia, the 15th instant, and also to join with the committee of correspondence in receiving subscrip- tions.


It was then moved, that the thanks of the Freemen and inhabitants present should be rendered to the wor- thy chairman, for the very proper and spirited address made by him to this assembly, replete with the warm- est expressions of loyalty to his Majesty, and fervent zeal for the common interests of America, which motion was agreed to by a general holding up of hands, and the thanks of the assembly were then presented to Mr. Ross for his patriotic conduct upon this occasion.


EBERHART MICHAEL, Clk:


A subscription was then immediately opened by the committee, for the benefit of our suffering brethren of the town of Boston, and very handsome sums subscribed by several of the persons present: And at the request of numbers of the reputable inhabitants, papers are printed and sending to the different townships to re- ceive the subscriptions of the inhabitants of this county, which it is expected will amount to a considerable sum, and will be collected as expeditiously as possible by the committee, and laid out as shall be thought best to an- swer the good purpose intended.


At a very respectable Meeting of the F'reeholders and Freemen from the several Townships of the county of Cumberland in the province of Pennsylvania, held at Carlisle in the said county, on Tuesday the 12th day of July, 1774 .- John Montgomery, Esquire, Chair- man.


Resolved, 1. That the late act of the parliament of Great Britain, by which the port of Boston is shut up, is oppressive to that town and subversive of the Rights and Liberties of the Colony of Massachusetts Bay; that the principle upon which that act is founded, is not more subversive of the Rights and Liberties of that co- lony, than it is of those of all the other British Colonies in North America; that therefore, the inhabitants of Boston are suffering in the common cause of all those Colonies.


2. That every vigorous and prudent measure ought speedily and unanimously to be adopted by those colo- nies for obtaining redress of the grievances under which the inhabitants of Boston are now labouring; and secu- rity from grievances of the same or of a still more se- vere nature, under which they and the other inhabitants of the colonies may, by a further operation of the same principle, hereafter labour.


3. That a Congress of Deputies from all the colonies, will be one proper method for obtaining those purpo- ses.


4. That the same purposes will, in the opinion of this meeting, be promoted by an agreement of all the colo- nies not to import any merchandize from nor export any merchandize to Great Britain, Ireland, or the British West Indies, nor to use any merchandize so imported, nor tea imported from any place whatever till those pur- poses shall be obtained; but that the inhabitants of this county will join in any restriction of that agreement which the General Congress may think it necessary for the colonies to confine themselves to.


5. That the inhabitants of this county will contribute to the relief of their suffering brethren in Boston, at any


38


MEETINGS ON BOSTON PORT BILL.


[JANUARY


time when they shall receive intimation that such relief will be most seasonable.


6. That a committee be immediately appointed for this county, to correspond with the committee of this province, or of the other provinces, upon the great ob- jects of the public attention; and to co-operate in every measure conducing to the general welfare of British America.


7. That the committee consist of the following per- sons, viz. James Wilson, John Armstrong, John Mont- gomery, William Irvine, Robert Callender, William Thompson, John Colhoon, Jonathan Hoge, Robert Ma- gaw, Ephraim Blaine, John Allison, Jolın Harris, and Robert Miller, or any five of them.


8. That James Wilson, Robert Magaw, and William Irvine be the Deputies appointed to meet the Deputies from the other counties of this province at Philadelphia, on Friday next, in order to concert measures prepara- tory to the General Congress.


( Signed by order of the Meeting, )


JOHN MONTGOMERY, Chairman.


At a meeting of a very respectable number of Free- holders and other inhabitants of the county of Ches- ter, at the court-house, on Wednesday the 13th of July, 1774, in consequence of public notice for that purpose given,-Francis Richardson, Esq. Chairman.


This Assembly, taking into their serious considera- tion the present critical and alarming situation of Amc- rican affairs, and the unhappy differences now subsisting between Great Britain and her colonies, do agree and resolve as follow, viz.


1. That the inhabitants of this county do owe, and will pay all due faith and allegiance to our lawful and rightful sovereign Lord George the Third, King of G. Britain. and the dominions thereunto belonging.


8. That it is an absolute right, inherent in every Eng- lish subject, to have free use, enjoyment and disposal of all his property, either by himself or Representative, and that no other power on earth can legally divest him of it.


3. That the act of parliament lately passed for shut- ting up the port of Boston is unconstitutional, oppressive to the inhabitants of that town, in its consequences dan- gerous to the liberties of the British colonies; and that, therefore, we consider our brethren at Boston as suffer- ing in the common cause of America.


4. That the protection of the liberties of America, is an indispensible duty which we owe to ourselves who enjoy them, to our ancestors who transmitted them down, and to our posterity who will claim them at our hands, as the best birthright and noblest inheritance of mankind.


.5. We do agree with the committee of the city and county of Philadelphia, that a congress of Deputies from the said colonies is the most profitable and proper mode of procuring relief for our suffering brethren, obtaining redress, preserving our rights and liberties, and estab- lishing peace and mutual confidence between our Moth- er country and her colonies, on a constitutional founda- tion.


6. That the inhabitants of this county ought and will chearfully adopt, adhere to, and assist in executing all and singular such peaceable and constitutional measures, which may hereafter be agreed upon and determined by the said general congress.


7. It is our opinion that it would conduce greatly to the restoration of the liberties of America, should the colonies enter into a solemn agreement not to purchase. any goods, wares or merchandizes imported from Great Britain, under such restrictions as may be agreed upon by the congress. We, for our parts, sensible of the great advantages which must arise from promoting œco- nomy and manufactures among ourselves, are determin- ed to use as little foreign manufactures, of what kind or quality soever, as our necessities will permit, until the


several acts of the British parliament, injurious to the liberties of America, be repealed.


8. That as our brethren at Boston are now suffering in the cause of America, it is the duty of the inhabitants of this county, in common with the neighbouring colonies, generously to contribute towards their support ; and therefore the committee hereafter appointed, are re- quested immediately to open and set on foot a subscrip- tion for the said sufferers, and the money arising there- from to be laid out and expended as the said committee, or a majority of them, shall judge best to answer the benevolent intention.


9. That the following persons, to wit, Francis Rich- ardson, Elisha Price, John Hart, Anthony Wayne, John Sellers, Hugh Lloyd, William Montgomery, Francis Johnston, William Parker, Richard Riley, Thomas Hock- ley, Robert Mendenhall, and John Fleming, or a majority of them, be, and they are hereby appointed a committee for this county, to meet and correspond with the com- mittees of the several counties of this and the other co- lonies, and to join in such measures as to them shall ap- pear necessary for the public good. Signed per order,


FRANCIS JOHNSTON, Clk. Com. Philadelphia, July 18.


Last Friday afternoon, agreeable to invitation from the committee of this city, Delegates from the several coun- ty committees, viz. Bucks, Chester, Lancaster, York, Cumberland, Berks, Northampton and Northumberland, met the committee for this city and county, and we hear they have been engaged in preparing a set of General - Resolves, declaratory of the sense of this province, on the present state of British America, and the peculiar sufferings of our brethren in Boston and the Massachu- setts Bay. We are assured that there is great unanimity in their councils and determinations, and that a happy presage may be formed of a general concurrence and support, in such measures as shall be found necessary to preserve and secure the rights and liberties of the inha- bitants of this country.


The Resolves not being quite finished, we are obli- ged to postpone the publication of them to our next.


We are informed, that a more full and ample declara- tion of our present grievances, and a suggestion of the mode of redress, so as to relieve the distressed Bosto- nians, ease the minds of the other colonists, and draw some just and equitable line between the mother coun- try and the colonies, is under the consideration of this respectable Meeting, and will be conveyed to the Hon. House of Representatives, as the advice or instructions of a number of their constituents, on this important oc- casion: which will also, in due time, be communicated to the public.


At a Meeting of a number of the inhabitants of the county of Bucks, held at Newtown, agreeable to no- tice given on Saturday the 9th day of July, 1774, Gil- bert Hicks, Esq. was appointed Chairman, and Wm. Walton, Clerk of this present Meeting.


The chairman having taken his place, in a short ad- dress to the company, explained the nature and inten- tion of the Meeting, when they proceeded to the busi- ness thereof, which was carried on and finished with the greatest decency and harmony.


In this time of public distress, when by the operation of divers acts of the British Parliament the Americans are subjected to the universal control of a Legislature, in which they are not represented. The inhabitants of the county of Bucks, at a meeting held at Newtown, on the 9th day of July, appointed the following Gentlemen as a Committee to represent the said County, at a Meet- ing of the several Committees of the respective coun- ties of Pennsylvania, to be held at Philadelphia the 15th day of July inst. viz. John Kidd, Joseph Kirkbride, Jo- seph Hart, James Wallace, Henry Wynkoop, Samuel Foulke, and Joseph Wilkinson.


After which the sense of the inhabitants of the said county was recommended to them as general rules for


1829.]


LAW CASE.


39


their conduct at the said Meeting, in the following re- solves, viz.


Resolved, That the inhabitants of this county have the same opinion of the dangerous tendency of the claims of the British Parliament to make laws, binding on the inhabitants of these Colonies, in all cases whatsoever, without their consent, as other of our fellow American subjects have.


Resolved, That it is the duty of every American, when oppressed by measures, either of Ministry, Parliament, or any other power, to use every lawful endeavour to obtain relief, and to form and promote a plan of union between the Parent Country and Colonies, in which the claim of the Parent Country may be ascertained and the liberties of the colonies defined and secured, that no cause of contention in future, may arise to disturb that harmony so necessary for the interest and happiness of both, and that this will be best done in a General Con- gress, to be composed of Delegates, to be appointed either by the respective Colony Assemblies, or by the members thereof in convention.


(A true copy from the original Minutes. )


WM. WALTON, CI'k.


LAW CASE.


QUARTER SESSIONS-PHILADELPHIA COUNTY.


Commonwealth ex relatione ) Edward Kennedy


v8. John Marshall and J: J. Treillou.


Surety of the Peace.


January 1st, 1829.


Commonwealth ex relatione Felix Campbell, vs. Thomas O'Daniel.


Surety of the Peace.


J. R. Ingersoll and Dunlap for Relators-P. A. Browne and A. A. Browne for Defendants.


This was an application to continue the recognizances entered into by the defendants before Mr. Justice Goodman, on the 14th November, 1828. The relator, Kennedy, deposed, that he went to the cotton factory of Messrs. Borie, Laugerenne & Keating, at Manayunk, on Friday the 7th of November last, to obtain employment. Upon coming out of the building late in the afternoon, but before sun down, he was met at a short distance from it by five men (among whom were Marshall and Treillou, ) by whom he was questioned as to his objects at the mill; they inquired whether he had made a bar- gain, and said, "if he had not, it would be better not to make one; and that there were men enough there, and that it was hard to be taking the bread out of other men's mouths;" and further told him, that " us sure as he should engage himself there as a spinner, so sure should he lose his life," and both the defendants swore they would have their own wheels back again, or they would lose their lives in the attempt. Kennedy further de- clared that he was in fear of his life from the above threats, and prayed that the defendants might be bound in proper recognizance to keep the peace toward him.


It also appeared that the defendants were cotton spin- ners, had formerly worked at this same factory, which they had left, and were then out of employment, but continuing to live in the immediate vicinity of the fac- tory.


The relator, Campbell, deposed that he was sent by Mr. Keating to accompany one James M'Garvey to Messrs. Wagner's Factory, where he was looking for employment; upon his return he was met by the de- fendant, O'Daniel, who inquired whether he "had got work for his apprentice;" and being told it was no busi- ness of his whether or not, replied by threats of vio- lence against Campbell, when he should get a proper chance.


It appeared that this defendant, O'Daniel, was a cot- ton spinner, who had formerly worked at the factory of Messrs. Wagners, and was then out of employment.


The only defence set up was an attempt on the part of Treillon to prove an alibi. It was alleged that at the period when the threats were made to Kennedy at Ma- nayunk, Treillou was in the city of Philadelphia, and did not return to Manayunk until about seven o'clock that evening. A number of witnesses swore that they saw him in town that day after four o'clock, P. M., and one, that he accompanied him to town the day before, remained with him that day, slept with him in town on Thursday night, and accompanied him to Manayunk the next afternoon (Friday, 7th) where they did not arrive until about seven o'clock. The witnesses examined on the part of Treillou were, James Mullen, Francis El- liott, Thomas O'Daniel, John Richardson, Hugh White- man, Jacob Hollasan, William Crook, John Hamilton, (all cotton spinners, who declared that they were not at work any where, ) Samuel M'Quay, Richard Johnson, Nicholas Randall, Ann Dickinson, and Thos. Ilaslam .- On the part of the relator, Kennedy, several witnesses swore positively that they saw Treillou at Manayunk on the afternoon of Friday, with Marshall, at the time when the threats were used, before dark that evening. Wm. Welsh, a carter, residing at Manayunk; Wm. Mac Faden,' a storekeeper there, Michael Gallagher, who was at work on the turnpike when Treillou passed him with Kennedy, and Mrs. Bridget McCormick, were all positive as to the fact of Treillou's being at Manayunk, at the time sworn to by Kennedy. James Niles also was examined as to further threats by Treillou on the 12th of November.




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