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and there is not any such in this Province, it will be in vain to contend with them in the way of Force; the Magistrates, therefore, at the same Time that they continue with steadiness to exercise the Jurisdiction of Pennsylvania with respect to the distributions of Justice and punishment of Vice, must be cautious of entering into any such Contests with the Officers of my Lord Dunmore, as may tend to widen the present unhappy Breach; and therefore, as Things are at present circumstanced, I would not advise the Magistracy of Westmoreland County to proceed by way of criminal prosecution against them for exercising the Government of Virginia.
“I flatter myself that our Commissioners to Virginia will succeed according to our expectations, and that our Affairs to the Westward will soon be put upon a peaceable and quiet Footing.
"I am Gentlemen,
" JOHN PENN. “To WILLIAM CRAWFORD, Esquire, and bis Associates, Justices
of Westmoreland County."
The Governor laid before the Board the several Records of the Conviction of Joseph Price, Thomas Stephens, Richard Burch and Conrad Founder, for Burglary,James Swain and Mulatto Elizabeth, for Murder, and Bernard Repton, for counterfeiting the Bills of Credit of this Province, at the last Court of Oyer and Terminer held at Philadelphia, for the County of Philadelphia, in April Instant, before William Allen, John Lawrence and Thomas Willing, Esquires, Justices of the said Court; and also the Record of the Conviction of William Wright for Burglary, at a Court of Oyer and Terminer held on the 5th Instant, at Newtown, for the County of Bucks, before John Lawrence and Thomas Willing, Esquires, by which Records it appears that the said Criminals had all received Sentence of Death.
The Governor at the same Time informed the Councils that the Judges, in their Report made to him this day, had recommended three of the said Criminals as Objects of mercy, viz' : William Wright, James Hamilton and Conrad Founder, and had mentioned no Circumstances in favor of either of the others. The Board duly considering the several Cases of the said Criminals, are of Opinion that Warrants should be issued for the Execution of Joseph Price, Thomas Stephens, Richard Burch, James Swain, Mulatto, Elizabeth and Bernard Repton, on Saturday the thirtieth of this Instant, and they advise the Governor to issue a Reprieve for Conrad Founder, during Pleasure, and to give Orders that he be transported out of this Province, and also to grant Pardons to James Hamilton and William Wright. It is, therefore, Order i that War rants of Execution, Reprieve and Pardons, be forth with made out accordingly.
At a Council held at Philadelphia, on Friday 29th April, 1774.
Edward Shippén, jun"; } Esquires. The Office of Chief Justice of the Supreme Court of this Province being now vacant by the resignation of William Allen, Esquire, and it being necessary that some other proper Person be appointed to succeed him, The Governor was pleased to name Benjamin Chew, Esquire, a member of this Board, as a Gentleman whose Knowledge in the Law and well known Abilities, sufficiently qualify him for that important Station. The Board unanimously approving the said nomination, It is Ordered that he be commis. sionated Chief Justice according
It being also thought proper by the Board that a fourth Justice of the Supream Court should be appointed, pursuant to an Act of Assembly passed in Year of his present Majesty's Reigo, entituled “ An Act to amend the act for establishing Courts of Judicature within this Province, and the Governor having named John Morton, Esquire, of Chester County, as a Gentleman whom he had thought of to execute that office, The Board concurred in that nomination, and it is ordered accordingly, that he be commissionated as Fourth Justice of the Supreme Court.
It is likewise agreed by the Board, and Ordered, that new Com. missions be issued this Day to John Lawrence and Thomas Wil. ling, Esquires, appointing them Second and Third Justices of the said Court respectively; And also, that a new Commission be issued, assigning and appointing the four Gentlemen above mentioned Justices of the Court of Oyer and Terminer and General Gaol Delivery for this Province.
At & Council held at Philadelphia, on Saturday 7th May, 1774.
Andrew Allen, Mr. Tilghman and Mr. Andrew Allen having agreed, at the particular Request of the Governor, to undertake a Journey to Williamsburg, as Commissioners from this Government, to treat with the Governor of Virginia, on the subject of the Disturbances in
Westmoreland County, occasioned by his extending the Jurisdiction of his Government within the Western Limits of this Province, and to negociate such other Matters with him as were agreed upon in Council the 21st of last Month, one of the Members laid before the Board a Draught of a Commission and a Letter of Instructions to the above named Gentlemen, and also a Letter to be sent with them to the Earl of Dunmore, which being severally considered, were fairly transcribed and signed by the Governor, and follow in these Words, Vizt: “JOHN PENN Esquire, one of the Proprietaries of the Pro
vince of Pennsylvania, and Counties of New Castle, Kent, and
Sussex, on Delaware : • To James Tilghman and Andrew Allen, two of the Council of
the said Province and Counties, Esquires, Greeting : “Whereas His Majesty, King Charles the Second, by bis Letsers Patent bearing Date the Fourth day of March, Anno Domini, 1681, did for the Considerations therein mentioned, Give and Grant the Province of Pennsylvania, by the Bounds and Limits therein particularly set forth and described, to William Penn, Esquire, bis Heirs and Assignes forever, constituting him and them Proprietary and Proprietaries thereof, with divers powers, Franchises, and Jurisdictions, for the better Government thereof, as by the said Letters Patent may at large appear : And Whereas, the Western Lines and Bounds of the said Province, specified in the said Letters Patent, having never yet been regularly and precisely run, marked out, or ascertained, divers Differences and Disputes have of late arisen between the Right Honorable The Earl of Dunmore, Governor and Commander-in-Chief, &co, of His Majesty's Colony or Dominion of Virginia, and the Honorable the Proprietaries of the Province of Pennsylvania, their respective Grantees, Tenants, and Officers, respecting the Western Bounds and Limits of the said Province, and the Jurisdiction of the said Colony or Dominion and Province, which have been productive of Great Troubles and Disquiets to the Settlers and Inhabitants there, and endanger the King's Peace and the public Tranquility. To the End therefore, that the Evils which have already arisen, and which are likely to arise in the Premises, may be remedied and prevented, I have nominated and appointed, and do by these Presents nominate and appoint you, the said James Tilghman and Andrew Allen, Esquires, to be Commissioners on the Part of the Proprietaries of this Province, to confer and treat with His Excellency, The Right Honorable the Earl of Dunmore, of and concerning the Premises, and to agree upon such measures as you shall judge most expedient for Settling and composing the said Differences, Troubles and Disquiets, either by a temporary Line or Boundary of Jurisdiction, or otherwise, as may best answer the good Purposes of preserving His Majesty's Peace, and quieting the Minds of the Inhabitants on or near the Borders of the two Colonies or Provinces, until the final
Settlement of the said Boundaries shall be effected; hereby ratifying and confirming whatever you shall do in the Provinces. " In Testimony whereof I have set my Hand, and caused the Great
Seal of the said Province to be hereunto affixed, at Philadelphia, the seventh day of May, 1774.
“Instructions to James Tilghman and Andrew Allen, Esquires, Commissioners appointed to treat and agree with the Right Honorable John Earl of Dunmore, Governor of Virginia, concerning the Settlement of the Western Bounds and Limits of the Province of Pennsylvania, and preserving the Public Peace and Tranquility on the Borders 'till a final Settlement of the said Lines.
“1st. You are to proceed without loss of time to Williamsburg, the Place of His Lordship's Residence in Virginia, and enter upon the Execution of your Commission as soon as possible after your Arrival. Should his Lordship be from Home, and not gone to too great a Distance, you will wait his Return, or send an Express (as you judge most proper), to acquaint him with your being sent from this Government to treat with him on Public Business and request his return.
“2d. Your first Point should be to prevail with him to join with the Proprietaries of this Province in a Petition to His Majesty in Council to appoint Commissioners to run and mark out the Bonndary or Division Line, such as His Majesty shall please to order and direct, between this Province and Virginia, the expence of which to be equally borne by the two Colonies.
“3d. Whether his Lordship should accede to the above Proposal or not, you should urge every Argument in your power to induce him to agree to the settling a Temporary Line of Jurisdiction between the two Colonies, 'till the said Boundary Lines shall be settled, or His Majesty's Orders and Directions can be obtained respecting the same.
"4th. Should his Lordship come into the last mentioned Measure, you will no doubt endeavour to fix the Temporary Line of. Jurisdiction as favorably as possible for this Province, and as near to the Charter Bounds as you can; and in order thereto, you will refer yourselves to the Map, or plan heretofore transmitted by me to him, which shews to Demonstration that Fort Pitt is near six miles to the Eastward of our five Degrees of Longitude. At any Rate, however, you are not to accede to any proposed temporary Line which shall give Jurisdiction to Virginia over any Lands lying to the Eastward of the River Monongahela.
“5th. Whatever may be the temporary Line agreed on, you should take Care to insert a Clause in the Articles to be drawn up, containing a saving of the Rights on both sides to the Lands up to the true Lines or Boundaries, where they shall be finally settled.
“6th. If the Business is not carried on by the interchange of Letters or written Proposals between you, You should take private Notes or Minutes, by way of Diary, of every Thing material that passes, not only to enable you to make an exact Report of the whole Transaction, but to found Affidavits on, to be sent to England if necessary. As great reliance is had on your Knowledge and Abili. ties, any further Instructions are unnecessary.
" JOHN PENN. “PHILADELPHIA, 7th May, 1774.”
Here follows the Governor's Letter to the Earl of Dunmore, Gop. ernor of Virginia, Viz':
“ PHILADELPHIA, 7th May, 1774. “My Lord :
"By Accounts received from the Westward since my last Letter to Your Lordship, I find that the Disorders in that Quarter are greatly increased by your Lordship’s extending the Jurisdiction of Virginia to Pittsburgh, and the Country thereabouts, and that Doctor Conolly's Proceedings have been such as are very alarming, and have a tendency to put the whole Country beyond the Allegheny Movntains into a State of Confusion.
“The Consideration of these unhappy Circumstances have induced me to send two Gentlemen of my Council, Mr. Tilghman and Mr. Allen, to wait on your Lordship, in order to confer with you on this important Subject, and, if possible, to conclude with you upon such Measures as may restore and establish the Public Tranquility until the Lines and Boundaries of this Province can be finally settled by His Majesty's Authority, for which good Purpose I flatter myself your Lordship will not hesitate to join with us in representing to His Majesty the necessity of such a Settlement. In the mean Time, I am in hopes such Temporary Expedients may be fallen upon as may put an End to the present Disturbances, secure the Public Peace, and quiet the Minds of the People concerned in the unhappy differences which at present subsist between the Governments of Virginia and this Province.
"I am, with great Respect,
“ JOHN PENN, “To the Right Honorable the Earl of Dunmore, Governor and Com.
Commander-in-Chief of His Majesty's Province of Virginia, Wil. liamsburg.”
MEMORANDUM, 1st June, 1774.
The Reverend Dr. Peters having, at the Instance of the Governor, wrote a Letter to Henry Wilmot, Esquire, the same was ordered to