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MINUTES

OF THE

PROVINCIAL COUNCIL OF PENNSYLVANIA.

At a Council held at Philadelphia in the Council Chamber, on Fryday the 18th of October, 1771.

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The Governor having yesterday received a Message from the Assembly, acquainting him that they propose to present him an address, and to claim the usual priviledges of the House, and his Honour having appointed this day for that purpose, about twelve o'clock he directed the Secretary to acquaint them that he attended his appointment in the Council Chamber, and was ready to Receive the House with their Speaker. The whole House immediately waited on him, and the Speaker delivered the following address,

Vizt:

"To the Honourable RICHARD PENN, Esquire, Lieutenant Governor of the Province of Pennsylvania, and Counties of New Castle, Kent, and Sussex, upon Delaware.

The Address of the Assembly.

"May it please your Honour:

"The Representatives of the Freemen of the Province of Pennsylvania, in General Assembly met, sincerely congratulate your Honour on your safe Arrival and accession to this Government.

"The appointment of a Gentleman who has resided several years among us, and acquired a knowledge of the Circumstances of VOL. X.-1.

the Province, is extreamly agreeable to us, and induces to hope, that while he pays a due Regard to the Prerogatives of our most Gracious Sovereign, the just rights of his Subjects, and a faithful execution of the Laws, those Essential Supports to the Honour and Dignity of Government, cannot fail to become Objects of his care and attention, and the people we represent to be made happy under his administration.

"Permit us to assure your Honour, that on our part, nothing shall be wanting to support you in the exercise of the Just rights of Government, and to render your residence among us easy and happy

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Signed by order of the House,

"October 18th, 1771."

"JOSEPH GALLOWAY, Speaker.

To which the Governor was pleased to return an answer in these Words, Viz" :

"Gentlemen:

"I heartily thank you for your kind Congratulation on my arrival and appointment to the Government.

"My former Residence among you, at the same time that it afforded me some insight into the Circumstances of the Province, could not fail to add considerably to my Regard for it, And as I shall on all Occasions study to protect the People committed to my Charge in the full Enjoyment of all their just Rights and Priviledges, as well as to support the Prerogatives of the Crown, I flatter myself that your kind Expectations in my favor will be in some measure answered, and that my administration may be easy to myself and happy to the Publick.”

The Speaker then, addressing himself to the Governor, claimed the several usual Privileges in behalf of the House, which his Honor was pleased to say were undoubtedly essential in a Representative Body, and that he should at all times endeavor to protect the House in the enjoyment of them. The Speaker thereupon presented to the Governor a Certificate for £600, for which his Honour returned thanks to the House, and then they withdrew.

A Draught of a Message to the Assembly being prepared by a Member of Council at the Governor's Request, the same was read, and being approved, the Secretary Transcribed it at the Table and carried it Immediately to the House, and at the same time laid before them, by direction of the Board, the Depositions of Ashur Clayton and Joseph Morris.

"Gentlemen:

"I am sorry to be under a Necessity at my first arrival among you, to apply for your Assistance in a very disagreeable Affair, which I understand has given great Trouble to the Government.

"It is a matter of public Notoriety that those daring Offenders, Lazarus Stewart and his Accomplices, with a number of adherents,

have, in the most hostile and Warlike Manner, expelled our people from their Settlements at Wyoming, where these intruders remain, in Defiance of the Powers of Government, which have hitherto proved ineffectual to restrain their daring and Insolent Behaviour.

"Your own Reflections, Gentlemen, will point out to you the fatal Consequences of suffering these lawless People to remain quiet in a possession which they have obtained as it were by Open War. "It is more than probable that, encouraged by their late Success, they may extend their Possessions to other parts of the Province, and put our frontier into a state of Disorder and Confusion.

"When you come Seriously to attend to the many mischiefs with which this important Affair is pregnant, I cannot Doubt but you will readily give me your Assistance in Speedily Suppressing these disorders, and bringing to Condign Punishment a set of People who have in the most audacious manner put the Government and its Laws at Defiance; and as one Mean proper for the Accomplishment of so desirable an end, and of Preventing Disorders of the same kind, I would remind you of Reviving the late Riot Act.

"I am informed, Gentlemen, that some Provision will be wanted for Subsisting His Majesty's Troops now in the Barracks of this Province, which I likewise recommend to your Consideration. "RICHARD PENN.

"October 18, 1771."

At a Council held at Philadelphia on Saturday 19th October, 1771.

PRESENT:

The Honourable RICHARD PENN, Esquire, Lieutenant Governor, &c.

Joseph Turner,

Richard Peters,

Edward Shippen, Junior,

Lynford Lardner,
James Tilghman, Esquires.

Mr. Hamilton having delivered to the Governor a Letter which he received last Night from the Governor of Connecticut, in answer to the one he had dispatched by express the forth Instant, His Honour by the advice of the Council, ordered the Secretary to lay it before the Assembly for their Perusal. The said Letter follows in these Words, Viz':

"Sir:

"NEW HAVEN, 14th October, 1771.

"I have the Honour of your favor of the Fourth Instant, and am extreamly sorry to find that the peace of His Majesty's Subjects has been disturbed in the manner you represent.

"The Persons concerned in these Transactions have no Order and direction from me, or from the General Assembly of this Colony,

for their proceedings upon this Occasion; and I am very Confident that the Assembly, Friends as they have ever been to peace and good order, will never Countenance any Violent, much less Hostile, Measures in Vindicating the right which the Susquehanna Company suppose they have to the lands in that part of the Country within the limits of the Charter, to this Colony. You will see by the representation from the Committee of the Susquehannah Company, which I had the Honour to Transmit to Governor Penn, that the Claimants under that Company (who no doubt are the people Concerned in the late Transactions), Complain that they were first attacked and Ill treated by the People of your Province, when they meant only a peaceable Possession of the Lands they claim a Title to, and wished to vindicate that Title in due course of Law. Your People, on the other hand, insist, it seems, that the Susquehannah Claimants have been the aggressors. Which have been most in fault it is not my part to determine.

"I can only assure you that it is with the deepest Concern that I see this Controversy conducted in so Violent and Hostile a Manner, and that I wish to Contribute all in my power to preserve Peace & good Order.

"I am, with the greatest Esteem, Sir,
"Your most Obedient Humble Servant,

"Hon JAMES HAMILTON."

"JONTH. TRUMBULL.

A Committee of two Members of Assembly waited on the Governor and presented him two Bills for his Honor's Concurrence, entituled "An Act for preventing Tumults and Ryotous Assemblies, and for the more speedy and effectual punishing the Ryoters;" And "An Act for the support of the Light House erected at the mouth of the Bay of Delaware, and the Buoys placed in the said Bay and the River Delaware, and for the re-payment of the monies borrowed for the Erecting the said Light House and placing the said Buoys."

The Committee at the same time acquainted the Governor that the House were inclined to rise to-day, and proposed to adjourn to the first Monday in January next, if his Honour had no Objection thereto.

The Governor replied to them that he should take the Bills into Consideration immediately, and had no objections to their proposed time of adjournment.

The Bills were then read and duly considered, and being approved by the Board, the Secretary was Ordered to return them to Assembly immediately, with a Verbal Message to the House that the Governor gave his assent to them.

In considering the last mentioned Bill it was found that the names of the Commissioners and Collector of Tonage therein, were the same with those appointed by the Act for erecting a Light

House, &c passed in September, 1763, whom the Governor did then approve of, for which Reason His Honour waved any objection to this Bill on account of the nomination of the Officers; And it appeared also to the Board to be freed from the Objections made by the Lords of Trade to the Supplement to the last mentioned Act, passed in September, 1764, and repealed by the Crown in June, 1766.

The Council then adjourned to the Council Chamber, and the Secretary was sent with a Message to the Assembly, to acquaint them that the Governor was ready to enact into Laws the two Bills which had Received his assent. The whole House accordingly attending, the Speaker presented the said two Bills, which the Governor enacted into Laws, and signed a Warrant for affixing the Great Seal to them. They were accordingly Sealed, and afterward deposited in the Rolls Office.

New Castle, Tuesday October 22d, 1771.

This Morning the Governor, by two Members of his Council, and the Gentlemen of the Assembly, and preceded by the Sheriff and his Officers, went to the Court House, where his Commission and Proclamation for the Continuance of Magistrates and other Officers of the Government were published with due Solemnity, in the presence of a number of the Inhabitants.

Edom die, P. M.

The Governor received a Verbal Message from the Assembly by three Members, that the House had met pursuant to the Charter and laws of the Government, and had chosen their Speaker, and desired to know when and where they should wait on his Honour in Order to present him. His Honour made answer, that he was now ready to receive the House with their Speaker. The Assembly attended accordingly, and presented David Hall, Esquire, as their Speaker, who, being approved by the Governor, claimed the usual Privileges, which were granted, and then the House withdrew.

A Committee of three members of the House waited on the Governor and acquainted him that the House having taken the usual Qualifications, were ready to receive any Business which His Honour might have to lay before them; to which the Governor made answer, that he intended to speak to the House to-morrow, and would acquaint them by the Secretary at what hour he should require their attendance.

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