October 24th, 1774. The Governor having taken in Consideration the State of the Commissions of the Peace for this Government, and finding it necessary to make some Alterations and Additions thereto, he this Day issued new General Commissions for the three Counties of New Castle, Kent, and Sussex, and the Persons whose names are as follow, were therein assigned Justices of the Court of General Quarter Sessions of the Peace and of the County Court of Common Pleas for the said Counties respectively, Viz": For New Castle County: The Members of the Proprietary and Governor's Council; and The Members of the Proprietary and Governor's Council; and Charles Ridgley, James Sykes, William Rhodes, John Clark, Jacob Stout, Fenwick Fisher, Thomas Tilton, James Boyer, Thomas Hanson, Jonathan Emerson, John Chew, Richard Smith, Richard Lockwood, Zadock Crapper, Dedimus Potestatem, directed to CÆSAR RODNEY, and For Sussex County: The Members of the Proprietary and Governor's Council; and The Assembly this Day sent up to the Governor, for his Concurrence, four Bills entituled as follow, Viz": "An Amendment to an Act entituled a Supplementary Act for the Amendment of an Act of General Assembly of this Government, made in the first Year of his present Majesty's Reign, entituled 'An Act for Banking in and Draining a Quantity of Marsh, in the County of New Castle, bounding on Brandywine, Christiana, and Delaware Rivers, commonly called by the Name of Cherry Island Marsh, and for keeping the Banks, Dams, and Sluices belonging to the same in good Repair." " "A Supplement to an Act entituled 'An Act to enable the Owners of a piece of Marsh on the South side of Port-die Creek, fronting the River Delaware, effectually to embank and drain the same, and to oblige all the Owners of the Marsh situate on the said River, inclosed by a Bank running from a point of fast Land of Jonas Stedham, to Delaware aforesaid, and down the same to the Southermost Point of the fast land of James Eves, to keep the same, Bank and Dam in good Repair forever, and to raise a Fund to defray sundry contingent yearly Expences accruing thereon."" "An Act to enable the Owners and Possessors of that Tract of Meadow known by the name of the Deer Creek Marsh, to keep the Banks, Dams, and Sluices in Repair, & "An Act for the Relief of George Beach, a languishing Prisoner in the Gaol of New Castle, with respect to the Imprisonment of his Person." Which four Bills, being duly considered and approved, were returned to the House with the Governor's assent. Wednesday, October 26th, 1774. The Assembly waited on the Governor at 12 o'clock by Appointment, when the Speaker presented the four Bills which were agreed on yesterday, which the Governor enacted into Laws, signed a Warrant for affixing the Great Seal thereto, and appointed the Secretary to accompany the two Members named by the Assembly to see them Sealed and deposited in the Rolls Office. The Speaker then, in behalf of the House, thanked the Governor for his Care and attention to the Business of the Government, and assured him that the House would have a proper remembrance of it. A Committee of Assembly afterwards waited on the Governor and acquainted him that they proposed to adjourn till the 13th of March next, if the Council had no Objection to it, and the Governor answered that their proposed Time of Adjournment was very agreeable to him. At a Council held at Philadelphia, on Wednesday 2d November, 1774. PRESENT: The Honourable JOHN PENN, Esquire, Governor. Richard Peters, James Tilghman, Esquires. WHEREAS, on the Petition of sundry Freeholders, and other Inhabitants of the County of Northampton, an Order of Council was issued on the 6th of April, 1771, directing six persons therein named, or any five of them, to view and lay out a Road from the north side of the Blue Mountain in the said County of Northamp ton to Wyoming, in the most convenient and direct Courses, and to make a Return of the Courses and Distances, with a Draught of the said Road into the Provincial Secretary's Office within six Months from the Date thereof. And whereas, another Petition from the Inhabitants of the said County of Northampton had this day been presented to this Board, setting forth that the six Fersons named in the Order above mentioned have neglected to view and lay out the Road therein directed, and therefore praying that six other Persons may be appointed to view and lay out the aforesaid Road, (from the North side of the blue Mountain in the said County of Northampton); It is therefore Ordered, that Simon Heller, Casper Dull, Jonas Hartzell, Adam Hubler, Abraham Laban and Adam Joke, do view and lay out a Public Road, or King's High Way, from the North side of the Blue mountain, at a place called the Wind Gap, in the most direct and convenient Courses to Wyoming, so that the Communication between the said Places may be rendered as safe, easy and convenient for Carriages to pass, as the Nature of the Country will admit, and to make a Řeturn of the Courses and Distances, with a Draught of the said Road, into the Provincial Secretarie's Office, in Order to be confirmed, if the same shall be approved. The Governor laid before the Board a Letter he received yesterday by the Packet, from the Right Honorable the Earl of Dartmouth, one of His Majesty's Principal Secretaries of State, which was read, and follows in these words, Viz": (No. 5.) "Sir: WHITEHALL, 26th August, 1774. "It having been represented to the King that the Government of Pennsylvania has taken a Resolution to extend its Jurisdiction up to the Line settled by Commissioners between that Province and Maryland, altho' the Guardians of the Heir of Lord Baltimore have declared their incapacity, in point of Law, to concur in a ratification of that line, and consequent by their inability to take the like Step on their Part; and it being apprehended that such a partial extension of Jurisdiction may have the Effect to disturb the Peace of the King's Subjects settled on the Frontiers of both Provinces, and may occasion Violence and Bloodshed, I am commanded by the King to signify to you His Majesty's Pleasure, that you do desist from issuing any Orders for extending the Jurisdiction of Pennsylvania beyond those Places where it has been hitherto usually exercised, until the present Difficulty on the part of Maryland shall be removed, or until His Majesty's further Pleasure be known. "I a am Sir, "Your most Obedient humble Servant, "Deputy Governor PENN." Which Letter being duly considered, The Governor, in Compliance with His Majesty's Pleasure therein signified, issued the following Proclamation, Viz" : "By the Honorable JOHN PENN, Esquire, Governor and Commander-in-Chief of the Province of Pennsylvania, and Counties of New Castle, Kent, and Sussex, on Delaware. "A PROCLAMATION. "WHEREAS, I have just received a Letter from the Right Honorable the Earl of Dartmouth, one of His Majesty's principal Secretaries of State, informing me that it had been represented to His Majesty that the Government of Pennsylvania had taken a Resolution to extend its Jurisdiction up to the Line settled by Commissioners between that Province and Maryland, although the Guardians of the Heir of Lord Baltimore had declared their Incapacity in point of Law to concur in a Ratification of that Line, and consequently their Inability to take the like Step on their Part; And it being apprehended that such a partial Extension of Jurisdiction might have the Effect to disturb the Peace of the King's Subjects settled on the Frontiers of both Provinces, and might occasion Violence and Bloodshed, he was commanded by the King to signify to me His Majesty's Pleasure, that I should desist from issuing any Orders for extending the Jurisdiction of Pennsylvania beyond those Places where it had been usually exercised, until the present Difficulty on the part of Maryland shall be removed, or until His Majesty's further Pleasure should be known;' I have, therefore, in Compliance with His Majesty's Commands, thought proper to issue this, my Proclamation, hereby strictly commanding and enjoining all Magistrates, Sheriffs, and other Officers of Justice, to desist from exercising the Jurisdiction of the Government of Pennsylvania, or the Counties of New Castle, Kent, and Sussex, on Delaware, beyond those Places where the same hath been usually exercised until the present Difficulty, on the Part of Maryland, shall be removed, or until His Majesty's Pleasure shall be known in the Premises, any thing in any former Proclamation contained, to the Contrary notwithstanding. "Given under my Hand and the Great Seal of the said Province of Pennsylvania, at Philadelphia, the second day of November, in the Year of our Lord one thousand seven hundred and seventyfour, and in the fifteenth year of His Majesty's Reign. "JOHN PENN. "By his Honour's Command. "JOSEPH SHIPPEN, Jun' Secretary. "GOD SAVE THE KING." November the 3d, 1774. The Governor this day sent by the Packet a Letter to the Earl of Dartmouth, one of His Majesty's Principal Secretaries of State, in Answer to His Lordship's Letter of the 26th of August last: "PHILADELPHIA, 3d November, 1774. of "My Lord: "I have just had the Honor of your Lordship's Letter No. 5, the 26th of August last, signifying His Majesty's Commands, 'that I should desist from issuing any Orders for extending the Jurisdiction of Pennsylvania up to the Line settled by Commissioners between that Province and Maryland, until the present Difficulty arising from the Minority of the Heir of the late Lord Baltimore shall be removed, or until His Majesty's further Pleasure be known.' I am to inform your Lordship that before the Receipt of your Letter, I had issued the inclosed Proclamation for exercising the Jurisdiction of this Province up to the Boundary Line run and marked out by Commissioners under the Authority of the Proprietaries of Pennsylvania and Maryland, in consequence of Articles of Agreement |