And likewise another Petition relating to the said Road was presented to the Board, sign'd by the Commiss" and sundry Inhabitants of the County of Chester, shewing that Whereas it appears after strict search made that there are divers parts of the King's Road leading from Cobb's Creek Bridge over Chester Bridge to the Line of New Castle County, not to be found upon Record or any return thereof made, therefore as well for the Benefit of the Publick as the satisfaction of private Persons, likewise for the erecting of Bridges and repairing the said High Way, the Petitioners humbly crave the Council will be pleas'd to take the same into Consideration, and appoint proper Persons to lay out such Parts of the said Road as are deficient. As the Road mention'd in the Petitions is an antient Road, in use before the Grant of the Province, the Board thinks there must have been some Orders of Council made about it, & therefore postpone the Consideration thereof till the Council Books be well search'd by the Secretary, & it be known what Orders have been formerly given. At a Council held at Philadelphia, 20th August, 1747. PRESENT: The Honoble. ANTHONY PALMER, Esqr., President. Thomas Lawrence, Robert Strettell, Abraham Taylor, Esqrs. Captain Ricks, Commander of the Ship Vernon from Rotterdam, but last from Leith, in Scotland, & Mr. Stedman, waiting without were called in, & inform'd the Board that the said Ship Vernon, having on board a great number of Foreigners from Switzerland & the Palatinate, came to an Anchor last Night below Wicaco, & pray'd an order might be given to two Doctors immediately to examine their State of Health, and that they might have leave to come up to the City & land their Passengers. An Order was immediately sent to Doctor Thomas Greme and Doctor Thomas Bond, & in case they shou'd Report that there was no Sickness among the Crew or Passengers, the Captain had leave to proceed to the City & to land his People. At a Council held at Philadelphia the 25th August, 1747. PRESENT: The Honoble. ANTHONY PALMER, Esq., President. The Minutes of the two preceeding Councils were read and approv'd. Two Members of Assembly deliver'd the following Message from the House: To the President & Council from the Assembly. "May it please the President & Council: "As by the Act of Assembly pass'd in the 10th Year of the Reign of the late Queen Ann, to which You are pleased to refer us, the Powers of Legislation necessary in every Government are taken from us during the Absence of our Governor, we agree with You in Opinion, "it were to be wished that some one Person of known Integrity & Abilities had the Administration," but since this, as You well observe, how desirable soever is not immediately to be expected, the Declarations you are pleased to make of your Zeal & sincere Intentions for the welfare of the Province, and of executing the Trust devolved on You in a just and impartial manner, are very acceptable to us. "The Proclamation you have been pleased to issue for the continuance of all Magistrates & Officers within this Government, and your requiring them to proceed in the exercise of their respective Trusts as it hath been usual on like occasions, and may have prevented Doubts that otherwise would have arisen, was, we think, a prudent Step, whether in strictness of Law such a Proclamation was absolutely necessary or not. "By the Order of the King in Council which was directed to be laid before us, we observe the Act for imposing a Duty on Persons convicted of heinous Crimes, &c., last passed, is repealed; & by a Letter from our honourable Proprietor Thomas Penn, Esq" we are informed the Report from the Lords of Trade & Plantations to the King in Council advised the Repeal of all the former Acts past on like occasions, but this, on the kind Interposition of our Proprietors, is for the present forborn, and the last Act only repealed, by which means the former stands revived. But since Exceptions have also been taken against this Act as not consistent with some late Acts of Parliament, it will, we think, be necessary on the Arrival of our Governor to revise & amend it so as to make it more conformable to the Sentiments of our Superiors. "The Accounts sent by Governor Shirley, on the Report of the Persons he employed with the Indians of the Six United Nations, we observe differ much from those given by our Indian Interpreter, from which last, and as we take it most authentick Account, it appears these Indians have not hitherto joined in a Declaration of War against the French. And as there is reason to believe the Expedition against Canada is now laid aside, and that the Forces raised to that end will be disbanded, it is not to be expected the Indians of the Six Nations will involve themselves further in the War; & therefore, had we no other reasons to induce Us, we are of opinion the Congress proposed in September next at New York can be of little avail. It is, nevertheless, our Sentiments, conformable to the Practice of this Government since its first Establishment, that great Care should at all times be taken to preserve the Friendship & good Correspondence which at present subsists between us and the Indians, that the Injuries of which they complain should be enquired into & speedily redress'd; And as it is highly probable they are at this time in necessitous Circumstances, we think a Present ought to be made them, and shall, therefore, before our rising make the Provision necessary to this End, as we shall likewise do for Payment of the Interpreter & maintenance of the Indians expected here during our Recess. We are further of Opinion, that if on Enquiry the Persons against whom the Indians complain appear to be guilty of the Crimes laid to their Charges, they ought to be prosecuted & punished as the Law in such Cases directs, besides being oblig'd to make the Indians Restitution if they are able, & if not able, that Compensation should be made them out of the Money we intend to provide for Presents. The Plundering of the two Families in New Castle County is indeed an Instance of the Boldness of our Enemies, but we think it will be difficult, if not impossible, to prevent such Accidents; the Length of the Bay and River, & the scatteringness of the Settlements below, must ever, while thus Circumstanc'd, render them liable to Depredations. It is equally difficult to guard against the wiles of an Enemy. The Ship which You inform us was taken near the Entrance of our Bay, we observe from the Papers laid before us was a Vessel of Force, her Captain and Men willing and probably able to have defended her & to have taken their Enemy. But the Captain, deceived by the appearance of a Pilot and Pilot Boat known to him, and which he wanted to conduct him up the Bay, suffer'd the Boat to come along side of his Vessel, and thereby gave an opportunity to a number of Armed Men which lay hid to jump on board, & by this Stratagem to prevail against superior Force. This render'd the Steps you have been pleas'd to take in respect to Pilots both prudent and necessary; but what further can be done to prevent the like for the future we do not see. If any thing be necessary your Sentiments in this Affair will, we think, be as properly laid before the Assembly of the three Lower Counties in which Government these Accidents happen'd as before us. "The Depositions you were pleased to direct to be laid before us mention the Conjectures of the Persons deposing that the Privateers intended a Descent somewhere near our Coast; but this time hath discover'd to be their mistake. The Depositions also mention some of their Threats against this City; But these rather appear to us as so many Bravados than what they either really intended or had the Power to do. We, therefore, could have wished you had been pleased to have spared that part of the Speech which mentions the defenceless State of the Province, and the Consequences which might attend the plundering of the City; the tendency of which, in our Opinion, is rather to beget or Augment Fears than to prevent those Dangers which thro' the favour of Providence we have hitherto escaped. Besides, as this Speech from the President & Council may be sent beyond Sea, if it should fall into the Hand of our Enemies it may possibly induce them to make an Attempt they otherwise would not have thought of. We may also add, that the Defence of the Province hath been a matter already much controverted, and you cannot be unsensible of the different Sentiments of our late Governor and former Assemblies, nor of the Difficulties they & we have been & yet are under on this Account, altho' neither they nor we look upon the Province in so defenceless a Condition as it then was & now is represented; nor can we understand on what Grounds You are pleased to alledge the Length & Difficulty of the Bay are now less Security than heretofore; nothing in the Papers laid before us carry any Evidence, that we can discover, in support of this Allegation. And were we under no Restraint from the Principles profess'd by most of us, it would not be an easy Task to persuade us that the measures which have been proposed for the Defence of the Province, either by erecting Fortifications or building Ships of War, would be of any real use to the Province. The Charge which must have arisen would have been great, the Benefit uncertain and small. And if you will be pleased coolly to reflect on the several Applications which have been made to former Assemblies & to Us for Granting of Money on this Account, on the several Expeditions against Carthagene, Cape Breton, & Canada, you must have Reason to be of our opinion, that had they been Complied with it would have brought such a Burthen upon the Province as it would scarce have been able to bear. And were all these Difficulties removed, the Application to Us at this Juncture is not the best timed when our Treasury is low, and You as well as we know that if the Restraint put upon us by the Act of Assembly to which You are pleased to refer us be binding, it is not in our Power to join in the making of any one Act whatsoever. We desire You will excuse this Freedom, which the part of Your Speech now under Consideration render'd necessary, and would not otherwise have been our Choice, for we are clearly of Opinion with You that a perfect Harmony among the several parts of Government must greatly contribute to the Safety, Peace, & Happiness of the People of Pennsyl vania; And we shall be pleased with every opportunity, consistently with our Judgments, to shew the President & Council how heartily we are disposed to promote & cultivate it. "Sign'd by Order of the House. "6th Mon. 25th, 1747." "JOHN KINSEY, Speaker. It was recommended to the President to write to Governor Shirley, & send him such Extracts of such parts of the above Speech & Message as related to him. At a Council held at Philadelphia the 31st August, 1747. PRESENT: The Honourable ANTHONY PALMER, Esqr., President. Thomas Lawrence, Robert Strettel, Thomas Hopkinson, Benjamin Shoemaker, Esqrs. The Captain of the Scarboro' Man of War having advertiz'd his Sailing from New York for England, the Board are of opinion that Copys of the Council's Speech & the Assembly's Message, with a proper Letter on the occasion, shou'd be sent by him to the Proprie tors. Order'd, That the Secretary prepare such Copys & Letter against Thursday, to which time the Council adjourn'd. Some of the Members moving that the Council's Speech & Assembly's Message might be printed, & some diagreeing, the Consideration thereof was referr'd to the next Council. At a Council held at Philadelphia 3d September, 1747. PRESENT: The Honoble. ANTHONY PALMER, Esqr., President. Thomas Lawrence, Abraham Taylor, Thomas Hopkinson, Samuel Hasell, Robert Strettell, Esqrs. The Secretarie's Letter to the Prop wrote in pursuance of the last Minute of Council, was read and approv'd. The Board postpon'd the taking into Consideration the printing of the Council's Speech and of the Assembly's Answer to a fuller Board. A Petition was preferr'd by Hugh Bruslam, a Prisoner in Philadelphia County Goal, setting forth that in June Term last he was |