At a Council held at Philadelphia the 10th August, 1747.

PRESENT:

The Honoble. ANTHONY PALMER, Esqr., President.

Abralım. Taylor,

Robert Strettell,

Benjamin Shoemaker,
Thomas Hopkinson,

} Esqrs.

Mr. Taylor & Mr. Hopkinson are appointed a Coinmittee to draw up a Speech to be made by the Council to the Assembly at their Meeting.

At a Council held at Philadelphia, 17th August, 1747.

The Minutes of the two precceding Councils were read & approv'd.

Mr Taylor & Mr. Hopkinson having, in pursuance of the last Minute of Council, prepar'd the Draught of a Speech to be made by the Council to the Assembly, the same was taken into Consideration, & being read Paragraph by Paragraph, it was Settled, & unanimously agreed to, & the Secretary was order'd to transcribe it fair.

David Cochran and John Glenn on behalf of themselves & sundry others, having on the 26th June last presented a Petition, wherein they complain of Job Ruston, Esq' one of the Justices of Peace for Chester County, which was ordered to be heard on this Day, the Council wou'd have proceeded to the Examination thereof, but being informed that some of the Petitioners were absent, the Council adjourned to 4 o'Clock in the afternoon, at which time all Persons concern'd were to have notice to be present.

P. M.

PRESENT:

The Honoble. ANTHONY PALMER, Esqr., Presid

The Petitioners & Mr. Ruston attending, they were called in, David Cochran presenting to the Board a Paper containing several Charges against Justice Ruston, the Council proceeded to the Exam

ination thercof, but Night coming on before the whole cou'd be heard, they adjourned to 10 o'Clock next Day.

At a Council held at Philada., 18th August, 1747.

PRESENT:

The Honobl. ANTHONY PALMER, Esq., President.

The Secretary having prepar'd a fair Copy of the Draught of the Speech to be spoke by the President to the Assembly, the same was read, & Mr. Strettell & Mr. Hopkinson were appointed to carry the following Message to the Assembly, Viz.: That the President & Council being met, desir'd the Attendance of the Speaker & the whole House immediately in the Council Chamber. These Gentlemen being return'd, report they delivered the said Message, & were told by the Speaker that the House wou'd take into Consideration & forthwith give their Answer, & that in a very short time they received for Answer that the House wou'd immediately wait on the President & Council as was desir'd; and accordingly the Speaker, with the whole House, attending, the following Speech was spoke, vizt:

"Mr. Speaker & Gentlemen of the Assembly:

"As upon our late Governor's Departure for England for the Recovery of his Health, the Administration of the Government (by an Act pass'd in the 10th Year of Queen Ann, entitled 'an Act for the further securing the Administration of the Government'), devolved upon the Council, We have pursuant thereto taken upon Us the Execution of that Trust.

"As this important Charge hath fallen to our Lott in a very tempestuous Season, we are sensible of the Trouble & Difficulties that must attend the Execution of it, and heartily wish some one Person of known Integrity and Abilities had the Administration; but as that (how desirable soever) cannot be immediately accomplished, we shall endeavour to supply the want of it by a just and impartial discharge of our Duty according to the best of our Judgments; and when it is considered how closely our several Interests are connected with those of the Publick, the Obligations we are under by the Ties of our Families, Friends & Neighbours, We think none can doubt of our Zeal and sincere Intentions for the welfare of this Province.

"We have Published our Proclamation for the continuing all Magistrates & Officers in their respective Offices, requiring them to

proceed in the exercise of their respective Trusts to prevent any failure or defect that might otherwise arise from this Change in the Government.

"Just before the Governor's Departure he received from the Council office a Repeal of an Act of Assembly passed in the 16th Year of his present Majesty, entitled 'An Act imposing a Duty on Persons convicted of heinious Crimes, &c.,' which we have ordered to be laid before You.

"We have received a Letter from Governor Shirley informing Us 'That divers Parties of Indians were then out, & others daily offering their Service to the English, which is a matter of great & universal Concern to the welfare of all his Majesty's Colonies upon this Continent; and that if this spirit which seem'd thoroughly raised, and had been to that time kept up, was cherished and properly managed and directed, it might by the blessing of God prove of unspeakable Benefit for the safety of His Majesty's Colonies in North America.' We also receiv'd another Letter from him wherein (after representing the Danger which all these Colonies are in of being destroyed by the French and the Indians under their influence, without a firm Union between ourselves for our mutual Defence), he acquaints Us That he had appointed Commissioners to meet in a Congress to be held at New York on the Second of September next with such Commissioners as should be appointed by all his Majestie's Governments from New Hampshire to Virginia inclusive, there to treat and agree upon Measures for encouraging the Indians of the Six Nations vigorously to prosecute their Incursions on the Enemy, and pressing Us to make Provision for them till the Congress can be held.' Thereupon we dispatched Conrad Weiser, the Provincial Interpreter, to Shamokin to sound the Indians, and get the best Information he cou'd of their Sentiments, which he accordingly did, and sent us a Report of his proceedings with his opinion; which with Governor Shirley's Letters we have ordered to be. laid before you as well deserving your most Serious Consideration, since they contain matters of very great Importance to the safety of this as well as the rest of his Majestie's Colonies on the Continent, Gov Shirley presses earnestly for an Answer, but as we could not take upon Us to enter into any Engagement on behalf of this Government without your concurrence and Assurance of enabling us to perform them, we deferr'd it till this Meeting of your House, and desire your Resolutions, that we may acquaint him therewith, and how far he may depend on the Assistance of this Government in concerting & executing such Enterprizes and Plans of Operation as the common Interest may require.

"The Indians seated on Lake Erie & on the Inomoy Creek, that runs into that Lake, being part of or in alliance with the Six Nations, said by the Indian Traders to be numerous and People of consequence, have sent Messages to this Government, which will VOL. V.-7.

be delivered for your perusal. As they are desirous to be taken into Friendship, and it may be of great Service to encourage such Applications, you will enable us to make them proper Presents.

"You will find by Mr. Weiser's Report that some complaints have been made by the Indians of several Injuries done them by White People, which deserve your particular Notice, and, if true, require that some reparation should be immediately made.

"Some Indians are expected to arrive in Philadelphia during your Recess, which will occasion some Expence in their Maintenance and in Presents. You will, therefore, give Orders to the Treasurer to pay all such Sums of Money as shall be by you deemed necessary for those purposes, as well as to defray the Expences the Provincial Interpreter has been at in his Negotiations with them; and that a suitable Reward be allowed him for his Trouble & Service. He attends in Town by order of the Council to the end you may be more particularly informed from him of the present Situation of the Indians & their Affairs.

"The Council apprehending some Inconveniences from our Enemies coming into the Port of Philadelphia under the Sanction of Flags of Truce, as they hereby have an opportunity of making themselves better acquainted with the Bay and River of Delaware, have published a Proclamation prohibiting all Pilots from bringing up any such Vessells within the Limits of this Government without Leave first obtained for that purpose, and have like wise recommended to the Government of the Lower Counties the laying their Pilots under proper Restrictions, which was accordingly done. We have also wrote to the Government of New Jersey to the same purpose.

"A notorious insult hath lately been committed in New Castle County by an inconsiderable party of French & Spaniards in conjunction with some Englishmen, Traytors to their King and Country, and who we are informed have dwelt in this City and are too well acquainted with the Condition of it. After having had the Boldness to come up the whole length of the Bay and part of the River even within about 18 Miles of the Town of New Castle, they there plunder'd two Plantations, the Owner of one of them they bound and abused and dangerously wounded his Wife with a Musket Ball, carrying off their Negroes and Effects to a considerable value. On their Return they met with a valuable Ship in the Bay, bound to this Port from Antigua, which they likewise took and carried off. The Circumstance of this Affair you will be more particularly inform'd of from the Depositions and Papers we have ordered to be laid before You.

"This Instance of the Boldness of our Enemies, increased by the Success they met with, together with some Expressions which fell from them importing a thorough Knowledge of our defenceless State, and a Design of shortly paying this City a visit, must afford

but a melancholy prospect to peeople in our Circumstances, and demand a very particular attention. The Length and Difficulty of our Bay & River seem now no longer to be depended on for our Security since our Enemies in all probability are but too well acquainted with both. The Terror and Confusion, the Ruin of vast numbers of Families, the Destruction of Trade, the Bloodshed, Cruelty, & other fatal Consequences which must unavoidably attend the plundering or burning this City, are too obvious to need a Discription. Is it not then absolutely necessary for the security of this so valuable a part of His Majesty's Dominions, & the preservation of the Lives and propertys of the Inhabitants, that some Method should be fall'n upon to prevent the Evils which threaten Us, and to which we lie exposed. We assure you on our parts we shall be always ready to concurr with you in every measure that may tend to the Safety, Peace, and Happiness of the People of Pennsylvania, and as a perfect Harmony among the several parts of the Government must greatly contribute to these Ends, You may depend on our sincere Endeavours to cultivate and promote it to the utmost of our Power."

The Secretary having delivered a Copy of the above Speech to the Speaker, the House immediately withdrew.

The Council resum'd the Examination of the Complaints against Justice Ruston, which were left unfinished last Night, and after hearing the whole Charge & all that was offered in support thereof, the Board was of opinion that the several Charges exhibited by the Complainants against Mr. Ruston were frivolous & malicious, none of them amounting to a breach of his Duty in the execution of his Office as a Magistrate, and therefore the Petition is dismiss'd.

A Petition of George Gray, Keeper of the Lower Ferry over Schuylkill on the Road from the City of Philadelphia to Chester, & of others using the said Road, was presented to the Board, shewing That the said Road leading from the South Street of the said City over the said Ferry to Cobb's Creek Bridge near Darby, in the County of Chester, had, time out of mind, been the only old & accustom'd Road to Darby, Chester, New Castle, and the Lower Counties. That the Inhabitants of the Township thro' which the same Road passes, not doubting its being a Recorded Road had hitherto duly prepared & amended the same, but being apprized that it either has not been regularly recorded, or that the Record thereof cannot be found, so that they are not oblig'd to repair the same or contribute thereto, the said Road is at present much out of repair and growing worse, will in the Winter become impassable or dangerous to travel with horses or Chaises or other Carriages, unless repair'd immediately; And therefore pray that the Council wou'd be pleased to grant an order for the Survey & Recording of the said Road, or give such other Order or Warrant concerning the same as the nature of the case may require.