Tuesday the 2d of January, 1770. MEMORANDUM. Two Members of Assembly waited on the Governor, and acquainted him that the House had met pursuant to their adjournment, and requested to know if His Honour had any Business to lay before them; to which the Governor replied, that he had nothing at present to lay before them, but that as soon as he had, he should communicate the same to the House. At a Council held at Philadelphia, on Tuesday the 9th of January, 1770. PRESENT: The Honourable JOHN PENN, Esquire, Lieutenant Governor, &ca William Logan, Lynford Lardner, Benjamin Chew, Esquires. The Governor laid before the Board a Letter from Sir Henry Moore, late Governor of New York, dated the 11th of June, 1769, inclosing a Copy of the Regulations proposed to be made by the Assembly of that Province respecting the Indain Trade, and recommended to the consideration of the Legislature of this Province and Quebec, which were read, and are as follow, Viz": "Sir: "FORT GEORGE, June 11th, 1769. "The inclosed Paper is a copy of the Regulations which the House of Assembly of this Province proposed to make in regard to the Indian Trade, provided the Provinces of Canada and Pennsylvania shall approve of the same, and concur with them in passing such Laws as will be necessary to carry the Plan into Execution. "I have been desired by the House of Assembly to transmit their Proposal to the Governors of Canada and Pennsylvania, and at the same Time to request that the Sentiments of the Legislatures of those Provinces might be had on a Subject of so much importance. "I have the Honour to be, "with great Truth and Regard, Sir, "Your Excelleny's most Obedient and Humble Servant, "H. MOORE. "His Excellency JOHN PENN, Esquire." Here follows the Proposals, Viz" : "That this Colony impose a Duty of one Shilling Currency per Gallon on all Rum or distilled Liquor sold at Niagara, and three per cent. on all dry Goods sold at Niagara and Detroit; That the Colonies of Pennsylvania and Quebec do the like. "That the Duties arising on all Goods sold at either of the above places, be applied for supporting the Trade there, in such manner as shall be directed by Acts of this Colony. "That the Colony of Quebec impese a Duty of оп all Rum or Distilled Liquor sold at Carrilon, and a Duty of per Cent. on all dry Goods sold at Carrilon, Missilimackinack, and any other Post where there is a Garrison. "That the Colonies of Pennsylvania and New York pass a like Act. "That the Duties arising on all Goods sold at either of the above places, or such other Post where there is a Garrison, be applied for supporting the Trade there, in such manner as shall be directed by the Colony of Quebec. "That the Colony of Pennsylvania impose & Duty of per Gallon on all Rum or other Distilled Liquors sold at Pittsburgh, and a Duty of- per Cent. on all dry Goods sold at Pittsburgh, Illinois, or any other place or Post where there is a Garrison. "That the Colonies of Quebec and New York pass a like Act. "That the Buties arising on all Goods sold at either of the above places, or any other place or post where there is a Garrison, be applied for supporting the Trade there, in such manner as shall be directed by the Colony of Pennsylvania. "That an Act be passed by each of the three mentioned Colonies to prohibit Kum being carried any farther than Niagara, Pittsburgh, and Carrilen (except a certain allowance to the Traders and their Servants for their own use). That the Acts provide for one or more Commissioners in each of said Colonies, with whom all Traders shall enter their Goods, and give Security for paying the Duties; That such Commissioners or Commissioner, in the Colony of New York, shall Transmit all the Duties he receives from Traders going to Trade at any of the Posts under the Direction of Pennsylvania or Quebec, to the Commissiener or Commissioners of the said Colonies. "That the Commissioners of Canada and Pennsylvania do the Jike with respect to New York and to each other." The Board taking this matter inte Consideration, were of opinion that the Letter, with its inclosure, should be laid before the Assembly, and the matters therein contained enforced by a Message to the House, which Mr. Chew and Mr. Tilghman were appointed to draw up. It is agreed that a proclamation be issued for the Continuance of all Magistrates, and other Officers in the province and lower Counties, till the Governor's further pleasure be made known, which was immediately prepared and is as follows, Viz1: "By the Honourable JOHN PENN, Esquire, Lieutenant Gov ernor and Commander-in-Chief of the Province of Pennsylvani and Counties of New Castle, Kent, and Sussex, on Delaware: "A PROCLAMATION., "WHEREAS, The Honourable Thomas Penn, and Richard Penn, Esquires, true and absolute proprietaries and Governors in Chief of the Province of Pennsylvania, and Counties of New Castle, Kent, and Sussex, on Delaware, have been pleased, by their Commission, under their Hands and Seals, bearing Date the twentyfourth day of August last, to constitute and re-appoint me to be their Lieutenant Governor of the said Province and Counties, with all necessary powers and Authority for the well governing of the same, which said Appointment the King's most excellent Majesty, in a Council held at St. James's the fifteenth Day of September last past, was graciously pleased to allow and approve of: Therefore, in pursuance of the said Trust in me reposed, having a special Regard to the safety of the State and Government of the said Province and Counties, and to prevent Failures in the administration of Justice therein, I have, by and with the Advice of the Council of the said Province and Counties, thought fit to Ordain, and do hereby Ordain and declare, that all Orders and Commissions whatsoever relating to the Government of the said Province and Counties, heretofore lawfully and rightfully issued, which were in force on the thirty-first day of October last, shall be, continue, and remain in fall Force, power, and Virtue, according to their respective Ten028, until my further pleasure shall be known therein; and that all Persons whatsoever, who on the thirty-first day of October last, held or enjoyed any office of Trust or profit in the said Province and Counties, by Virtue of any such Commission as aforesaid, shall continue to hold and enjoy the same until they shall be determined by me, as aforesaid, or by other sufficient Authority; And I do hereby further command and require all Magistrates, Officers, and Commissioners, whatsoever, in whom any public Trust is reposed in the Government of the said province and Counties, that they diligently proceed in the Performance and discharge of their respective Duties therein, for the safety, peace, and well being of the same. Given under my Hand & the Great Seal of the said Province, at Philadelphia, the ninth day of January, in the tenth Year of the Reign of our Sovereign Lord George the third of Great Britain,, France, and Ireland, King, Defender of the Faith, and so forth, and in the Year of our Lord one thousand seven hun— dred and Seventy "By His Honour's Command, "JOSEPH SHIPPEN, Jun Secretary. "JOHN PENN. "GOD SAVE THE KING "”" A Member of Council then represented to the Board that seveval of the Magistrates named in the last Commission of the peace for Kent County are Bead, and others had refused to Qualify; it was therefore thought necessary to issue a new Commission for that County, and to add thereto the names of the five following persons, who were recommended as well qualified to be in the Magistracy, viz: Thomas Rodney, Warner Mifflin, James Boyer, Thomas Hanson and Jonathan Emerson, and the Secretary was directed to make out & Commission accordingly. It is agreed that the Council meet every Monday morning at 10 o'clock, during the Winter Session of Assembly, for the more regular and speedy dispatch of Business. At a Council held at Philadelphia, on Monday the 15th of January, 1770. PRESENT: The Honourable JOHN PENN, Esquire, Lieutenant Governor, William Logan, Richard Peters, Benjamin Chew, I Esquires. Mr. Chew and Mr. Tilghman laid before the Board a Draft of a Message to the Assembly, which was read, and being approved, ordered to be transcribed and carried to the House this afternoon, with the several papers therein referred to: the Message follows in these words, viz' A Message from the Governor to the Assembly. Gentlemen: "I have ordered the Secretary to lay before you a Letter I received from Sir Henry Moore, deceased, late Governor of New York, inclosing a Plan framed by the Assembly of that Province for regulating the Indian Trade, which they propose to carry into Execu tion, provided the Legislatures of this province and Canada approve the same, and will concur with them in passing Laws for that purpose. This Regulation I apprehend, was framed in Consequence of the Earl of Hillsborough's Letter of the 15th of April, 1768, to the several Governors, inclosing a Report of the Lords of Trade upon Indian Affairs, and his Majesty's declaration thereon, to transfer the management of those matters from the Superintendants to the Legislatures of the several Colonies, which I laid before the Assembly in my Message of the 16th of January, 1769, and to which I refer you. It was late in Session before I had it in my power to lay them before that Assembly, which I conclude was the Reason they did mot then take any Steps towards answering the Royal Expectation. I have since that time received from his Excellency, Major General Gage, Comraander in Chief in America, two Letters upon the same Subject, the one dated the 24th March, 1769, & the other the 16th April, 1769, which I have also ordered to be laid before you, by which you will perceive that Sir William Johnson, His Majes ty's Superintendant for the Northern District, in pursuance of His Majesty's Commands, has found himself under a necessity of discharging the Commissaries and other offices by him appointed in posts and Forts in the interior Country; so that the Indian Trade at present remains entirely without Regulation, for want of proper Officers to superintend it. 66 "I am persuaded, Gentlemen, I need not labour to convince you of the Importance of this Object, nor how recessary it is for the Welfare of the Province to cultivate a pacific and friendly disposition in the Indians towards us; nor can I doubt but that You must be thoroughly sensible that proper Regulations of our Trade with them, in order to prevent Impositions on them, must be the most likely means of preserving a good Understanding with them; Indeed, the present interruption of Commerce between this Province and the Mother Country, has, in a great measure, put a stop to our Trade with the Natives, and may be productive of very unfavourable Alarmas and Apprehensions on their side, unless some Steps be ta ken by the Legislature to restore the Trade. "Another Source of Indian Disturbance is, the making of Settlements, marking Trees, and Surveying upon their unpurchased Lands; and as a general Boundary has lately been Settled between those People and his Majesty's Subjects, it will be very proper, in my Opinion, to secure a due regard to it by Laws to restrain and punish such offensive Proceedings. "I flatter myself, Gentlemen, that you will at once see the Importance of the matters I have touched upon, and that You will bake them into Your immediate and most serious Consideration, and proceed to the framing of Laws adequate to the Evils intended to be remedied, in which you may be assured of my hearty Coneur- rence. י "January 15, 1770.” "JOHN FENN. The Governor laid before the Board two Bills sent up by the Assembly for his Concurrence, entituled as follows, Viz 1. "An Act for the sale of Goods distrained for Rent, and to securesuch Goods to the persons distraining the same, for the better seeurity of Rents, and to prevent Frauds and abuses committed by Tenants." 2. "An Act for punishing wicked and evil disposed Persone going armed in Disguise, and doing Injuries and Violences to the Persons and Properties of His Majesty's Subjects within this Province, and for the more speedy bringing the Offenders to Justice." Both which were read and considered, and several Amendments being |